BCC Minutes 03/24/2009 R
March 24,2009
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, March 24, 2009
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special district as has been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: Donna Fiala
Fred Coyle
Jim Coletta
Frank Halas
Tom Henning
ALSO PRESENT:
Leo Ochs, Deputy Assistant County Manager
Jeffrey A. Klatzkow, County Attorney
Sue Filson, Executive Manager to the BCC
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
March 24, 2009
9:00 AM
Donna Fiala, BCC Chairman Commissioner, District 1; CRAB Chairman
Fred W. Coyle, BCC Vice- Chairman Commissioner, District 4
Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman
Frank Halas, BCC Commissioner, District 2
Tom Henning, BCC Commissioner, District 3
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
March 24, 2009
Page 1
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
B. February 24,2009 - BCC/Regular Meeting
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1) Diane Deoss, Solid Waste
2) Gregory Harrison, Road Maintenance
3) Robert Kohl, Water Department
4) Rudy Luna, Water Department
B. 25 Year Attendees
March 24, 2009
Page 2
1) Phillip Cramer, Water Department
C. 30 Year Attendees
1) Mary Esch, EMS
D. 35 Year Attendees
1) Val Prince, Stormwater Management
E. Advisory Committee Service Awards
1) 5 Year Recipient: Councilman John F. Sorey, III; Tourist
Development Council and Collier County Coastal Advisory
Committee
4. PROCLAMATIONS
A. Proclamation designating March 24, 2009 as Community School of Naples
State Championship Day. To be accepted by Cassie Barone, Girls Head
Cross Country Coach and Mitch Woods, Girls Head Basketball Coach.
B. Proclamation designating March 14, 2009 through March 21, 2009 as
Panther Awareness Week. To be accepted by Lisa Ostberg, President,
Friends of the Florida Panther Refuge.
C. Proclamation designating April, 2009 as Water Conservation Month. To be
accepted by Paul Mattausch and Clarence Tears.
D. Proclamation designating March 24, 2009 as Sweetbay Supermarket Day.
To be accepted by David Williams.
E. Proclamation designating April 2, 2009 as World Autism Day. To be
accepted by Robbie Powell.
F. Proclamation designating the week of March 23,2009 through March 27,
2009 as the 29th Anniversary of Know Your County Government Week. To
be accepted by Robert Dorsey, Alex Bethune and Bobby Mladenov.
March 24, 2009
Page 3
G. Proclamation designating April 4, 2009 as Naples Toastmaster's Club Day.
To be accepted by Edward Larsen, President of Naples Toastmaster's Club,
Jennifer Edwards, Supervisor of Elections of Collier County and longtime
member of Naples Toastmaster's Club and Marcia Herrera, Area 12
Governor of Toastmaster's International.
H. Proclamation designating March 25, 2009 as Edison State College
GreenFest Day. To be accepted by Dr. Kirk Otto, Science Lab Manager,
Edison State College; David Buchheit, Chairman, Collier County
Community Traffic Safety Team; Nancy Frye, Secretary, Collier County
Community Traffic Safety Team.
I. Proclamation designating April 6 - 10,2009 as National Work Zone
Awareness Week 2009. To be accepted by Jay Ahmad, Collier County
Transportation Engineering and Construction Management Director, and
Sgt. Chris Gonzalez from the Collier County Sheriffs Office.
5. PRESENTATIONS
A. Presentation by Marcela Rice regarding the United States Census 2010.
B. Kraft Construction Company contractor presentation on the current project
status of Freedom Park.
6. PUBLIC PETITIONS
A. Public petition request by Evelyn Delaney to discuss set back code violation.
Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. Recommendation that the Board of County Commissioners adopt an
Ordinance amending the Collier County Consolidated Impact Fee
Ordinance, which is Chapter 74 of the Collier County Code of Laws and
Ordinances, by incorporating directed changes to the requirements for the
assessment of impact fees for changes of use in existing buildings through
the implementation of the Impact Fee Program for Existing Commercial
March 24, 2009
Page 4
Redevelopment
B. This item reauires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. PUDZ-2007-AR-
12097, The Covenant Presbyterian Church of Naples, Inc. and Florida
Community Bank, NA, represented by Richard Yovanovich of Goodlette,
Coleman, Johnson, Yovanovich & Koester, P.A., are requesting a rezone
from the Residential Single-family (RSF-l) Zoning District to the
Community Facilities Planned Unit Development (CFPUD) Zoning District
for a project to be known as Heavenly CFPUD, which would memorialize
the existing church uses and would permit redevelopment consistent with the
Master Plan to allow a maximum of 80,000 square feet for a house of
worship, including day care facilities, a Pre-K through third grade school,
and various accessory uses for Tract A; an additional 20,000 square feet of
house of worship including children and adult day cares, Pre-K through third
grade school and accessory uses for Tract B. The 15.93-acre subject property
is located at 6926 Trail Boulevard, and comprises the entire block bounded
by Ridge Drive, West Street, Myrtle Road and Trail Boulevard in Section 3,
Township 49 South, Range 25 East of Collier County, Florida. CTS
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Haldeman Creek Maintenance Dredging
Advisory Committee.
B. Appointment of member to the Immokalee Beautification MSTU Advisory
Committee.
C. Appointment of members to the Radio Road Beautification Advisory
Committee.
D. Appointment of member to the Educational Facilities Authority.
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 11 :00 a.m. To review the written and oral reports
of the Advisory Boards and Committees scheduled for review in 2009 in
accordance with Ordinance No. 2001-55. Committees include: Ochopee Fire
Control District Committee; Collier County Planning Commission; Golden
Gate Estates Land Trust Advisory Committee and Collier County Coastal
March 24, 2009
Page 5
Advisory Committee. (Mike Sheffield, Assistant to the County Manager)
B. Recommendation that the Board of County Commissioners consider the
recommendation by the Collier County Productivity Committee to utilize a
two-year average to calculate the annual impact fee indexing, the
requirements for which are set forth in Article III, Special Requirements for
Specific Types ofImpact Fees, of Chapter 74 of the Collier County Code of
Laws and Ordinances such that this calculation method will update the
adopted methodology in the approved Collier County Impact Fee Indexing
Study in order to provide an approach for indexing that is more responsive to
cost fluctuations; also based on the review, that the Board of County
Commissioners provide direction to the County Attorney and the County
Manager, or his designee, on proceeding with the preparation of the required
ordinance amendment to implement the change to the indexing methodology
and corresponding rate schedules, for Government Buildings, Law
Enforcement, Dependent Fire, Emergency Medical Services and Educational
Facilities Impact Fees, for consideration at a future regular meeting of the
Board of County Commissioners, as an advertised public hearing. (Amy
Patterson, Impact Fee and EDC Manager, CDES)
C. Recommendation that the Board of County Commissioners consider the
following information regarding the Boards discussion of the Environmental
Advisory Council (EAC). (William D. Lorenz Jf., P.E., Director,
Engineering & Environmental Services Department, CDES)
D. Recommendation to approve the purchase of property insurance for the
period April I ,2009 through March 31, 2010 in the amount of$4,153,980, a
reduction of$I27,424. (Jeff Walker, Risk Management Director)
E. Recommendation that the Board of County Commissioners approves, and
authorizes the Chairman to sign, the attached U.S. Department of Housing
and Urban Development entitlement funding agreement for the
Neighborhood Stabilization Program for FY 2008-2009 providing
$7,306,755 in funding for Collier County. (Marcy Krumbine, Housing and
Human Services Director)
F. Recommendation that the Board of County Commissioners approves the
implementation of the Neighborhood Stabilization Program Grant and
Administrative Plan, and approves, and authorizes the Chairman to sign, the
attached Neighborhood Stabilization Program Resolution. (Marcy
March 24, 2009
Page 6
Krumbine, Housing and Human Services Director)
G. Recommendation that the Board of County Commissioners (BCC) reviews
various alternatives regarding the US4l Consortium Developers
Contribution Agreement (DCA) proposal and provides direction to staff.
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Request that the Board of County Commissioners provides direction to the
County Attorney as to whether (1) the Board wishes to continue to trial, or
(2) authorizes the County Attorney to contact the Clerk's attorneys to see
whether the Clerk is willing to enter into a Joint Stipulation of Dismissal of
the remaining claims of both parties, in the litigation styled Collier County
v. Dwight E. Brock, Clerk of Courts, Case No. 07-1 056-CA, now pending in
the Twentieth Judicial Circuit in and for Collier County, and to announce a
Notice of Closed Attorney-Client Session (Shade Session) for April 14,
2009.
13. OTHER CONSTITUTIONAL OFFICERS
A. Recommendation to appoint the Chairman of the Collier County Board of
County Commissioners to serve on the Collier County Canvassing Board for
the Golden Gate Fire and Rescue Control District Special Election to be held
on May 12,2009, and an alternate.
B. Recommendation that the Collier County Board of Commissioners approve
a resolution, pursuant to Section 101.001(1), Florida Statutes, to alter
precinct boundaries in Precincts 554 and 591 and in Precincts 50 I and 550
changing the boundary between those precincts to follow the boundary line
of the Golden Gate Fire Control and Rescue District.
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. Election or reelection of the Collier County Community Redevelopment
Agency (CRA) Chair and Vice-Chair for 2009.
March 24, 2009
Page 7
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of North Naples Research
and Technology Park with the roadway and drainage improvements
being privately maintained.
2) Recommendation that the Board of County Commissioners adopts a
Resolution to formally dissolve the East of County Road 951
Infrastructure and Services Horizon Study Public Participation Master
Committee as established by Resolution No. 2006-181.
3) This item reQuires that ex parte disclosure be provided bv
Commission Members. Should a hearinl!: be held on this item, all
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of Via Veneto Replat.
4) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Professional Village at
Northbrooke with the roadway and drainage improvements being
privately maintained.
B. TRANSPORTATION SERVICES
1) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign the Memorandum of Agreement
for Interim Median Opening located at Davis Boulevard and Joy Rose
Place.
March 24, 2009
Page 8
2) Recommendation to reject all submittals and re-solicit Bid #09-5165,
Supply and Install Traffic Signs and Markings.
3) Recommendation to award Bid #09-5186, Intelligent Transportation
Systems (ITS) Components to multiple vendors (category basis).
Annual expenditure estimated $150,000.
4) Recommendation to recognize and accept revenue for Collier Area
Transit in the amount of $1 ,200.00 and to approve needed budget
amendments.
5) Recommendation to terminate the contract awarded to American
Earth Movers, Inc. for Bid No. 08-5135 Bridge Repairs (Chokoloskee,
Goodland, Green Boulevard and Oil Well Road) in the amount of
$720,000.00 and to award a contract to Kelly Brothers, Inc. in the
amount of $771,546.00 for Bid No. 08-5135, Project No. 66066.
6) Recommendation to award Bid #09-5194 Collier County Right-of-
Way (ROW) and Median Mowing and Maintenance Annual Contract
to Big Tree, Inc, Amera- Tech, Inc. and Vila & Son, Corp. in the
estimated annual expenditure of $253,864.00. (Fund Ill, Various
Cost Centers)
7) Recommendation to approve a Resolution authorizing the Chairman
of the Board of County Commissioners to execute the attached
Federal Transit Administration USC 5311 Grant application proposal
for the American Recovery and Reinvestments Act (ARRA) funds
and applicable document, and to accept the grant if awarded.
8) Recommendation that the Board of County Commissioners approve
submittal of a grant application to the Florida Department of
Community Affairs for the Hazard Mitigation Grant Program
(HMGP) for $515,247 to fund stormwater improvements to the
Haldeman Creek System and reconstruct the Loche Louise Weir in
Crown Pointe, a portion of the Lely Area Stormwater Improvement
Proj ect.
9) Recommendation to approve a Resolution to establish a speed limit of
thirty-five miles per hour (35 mph) on White Lake Boulevard from
March 24, 2009
Page 9
City Drive to Collier Landfill roadway segment.
10) Recommendation to approve the Consent Agreement between the
South Florida Water Management District and Collier County
Transportation as resolution of a dewatering permit issue with Astaldi
Construction and the Northbrooke Bridge component of the
Immokalee Road Design Build Project #66045 and authorize the chair
to sign the agreement.
11) Recommendation to approve submittal ofa Hazard Mitigation Grant
to the Federal Emergency Management Agency, Department of
Homeland Security for $150,000 to install electric roll down steel
shutters and supporting equipment and winds screen for the protection
of Collier Area Transit Operations Center Buildings from damage
during high wind events.
12) Recommendation to submit an application for Shirley Conroy Rural
Area Capital Equipment Support Grant for the purchase of a
paratransit vehicle and to authorize the Chairman of the Board to
execute the application and applicable documents.
13) Recommendation to approve a Resolution authorizing the posting of
No Trespassing Signs pertaining to a dry retention pond that is located
just South of the Intersection of Michigan Avenue and 12th Street
North to promote and protect the well-being of the general public.
C. PUBLIC UTILITIES
1) Recommend to accept and sign Amendment No. I to the Department
of Environmental Protection Contract No. GC690 authorizing the
Florida Department of Environmental Protection to extend the date
from 45 days of the payment of the 12th invoice to within 60 days of
the end of the State fiscal year (June 30) of the existing assessment, a
5 percent penalty on the contract in the event that Collier County does
not provide a Statement of Revenue, Expenses and Fund Balance.
2) Recommendation to reimburse WCI in the amount of $91 ,565.16, the
remaining amount of the County's portion of costs for rehabilitation
of the potable water distribution system to service Tower Road.
March 24, 2009
Page 10
3) Recommendation that the Board of Commissioners approve and
authorize the Chairman to sign a grant application to the Florida
Department of Community Affairs for the Hazard Mitigation Grant
Program (HMGP) for up to $50,000 to install aluminum roll down
shutters and supporting equipment on the Collier County
Environmental Compliance and Landfill Scale House facility.
4) Recommendation that the Board of Commissioners approves and
authorizes the Chairman to sign a grant application to the Florida
Department of Community Affairs for the Hazard Mitigation Grant
Program (HMGP) for up to $320,000 to construct a six-inch High
Density Polyethylene (HDPE) landfill leachate pipe at the Collier
County Landfill.
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, one (I) lien agreement for
deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing dwelling unit located in Collier County.
2) Present to the Board of County Commissioners a summary of the
Impact Fee Deferral Agreements recommended for approval in FY09,
including total number of Agreements approved, total dollar amount
deferred and balance remaining for additional deferrals in FY09.
3) Recommendation for the Board of County Commissioners to approve
a budget amendment in the amount of $12,500 to recognize revenue
received from a grant from the Community Foundation of Collier
County to serve the needs of seniors in Immokalee.
4) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign Change Order No.1 in the
amount of $21 ,035 to Marine Contracting Group, for additional
materials to replace the deck and pilings and to add sixty (60) calendar
days to Contract No. 08-5058.
5) Recommendation that the Board of County Commissioners award
three Contracts under #08-5124, Fixed Term Physical and Biological
Monitoring Services for the Collier County Coastal Zone
March 24, 2009
Page 11
Management Projects to Coastal Planning and Engineering, Inc.,
Coastal Engineering Consultants, Inc., and Humiston & Moore
Engineers, P.A.
6) Recommendation to approve and authorize the Chairman to sign a
Florida Fish and Wildlife Conservation Commission (FWC), Division
of Marine Fisheries Management Grant Agreement #08258, for
Artificial Reef Deployment to the Coastal Zone Management
Department that will provide grant funds in the amount of$60,000.
7) Recommend that the Board of County Commissioners approve a
resolution authorizing the submittal of a grant application in the
amount of $102,000 to the Florida Fish and Wildlife Conservation
Commission for the Florida Boating Improvement Program.
8) Recommendation to award Contract #09-5114, Naples Station
Museum Phase III to White General Construction, Inc., in the amount
of $440,000 to complete historical restoration and renovation of the
Naples Depot Museum and authorize the Chairman to execute a
standard Contract following County Attorney Approval.
9) Recommend that the Board of County Commissioners recognize an
error in the January 13, 2009 approved Contract #09-5148 value with
Subaqueous Services, LLC for the Dredging of Doctors and Wiggins
Passes in the amount of $1 0,999.97 and approve revised contract
amount totaling $1,566,419.26.
10) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign an amendment to the 2007
Continuum of Care (CoC) Subrecipient Agreement with the Collier
County Hunger and Homeless Coalition (CCHHC) for the
maintenance of the Homeless Management Information System
(HMIS) in the amount of $ 104,645 which was approved on September
9,2008 (Item #16035). This amendment will clarify start date, define
sources of matching funds, and further specify the projects purpose as
stated in the original agreement.
11) Recommendation to award an $832,170 construction contract to
Boran Craig Barber Engle Construction Company Inc. (BCBE) for the
construction of the Marco Island Library Rose Hall Addition, Project
March 24, 2009
Page 12
#54004, and approve the necessary Budget Amendments.
E. ADMINISTRATIVE SERVICES
1) Recommendation to Award Bid #09-5182, General Furniture for the
New Collier County South Regional Library to Your Office, Inc. in
the amount of $79,568.48.
2) Recommendation to approve an Agreement for Sale and Purchase
with Mark Bain, Esquire/Personal Representative on behalf of the
Estate of Tessie Colluccio for 1.59 acres under the Conservation
Collier Land Acquisition Program, at a cost not to exceed $26,750.
3) Recommendation to approve an Agreement for Sale and Purchase
with Joseph R. and Mayda V. Muela for 1.14 acres under the
Conservation Collier Land Acquisition Program, at a cost not to
exceed $19,300.
4) Recommendation for the Board of County Commissioners to approve
and authorize the Chairman to sign the Assumption Agreement from
Paymetric, Inc. to Business Applications Associates, Inc. (BizAps) for
XiBuy software license and services.
F. COUNTY MANAGER
1) Recommendation that the Board approves Commercial Paper Loan
prepayments in the amount of $8,278,000.
2) Recommendation that the Board approves prepayment of the
Caribbean Gardens Commercial Paper Loan in the amount of
$9,500,000.
3) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a grant application for the
Emergency Medical Services Special Operations Response Team
through the Wal-Mart Community Grants Program for a maximum of
$1,000 in equipment and/or supplies and if awarded to authorize
acceptance of the equipment and supplies.
March 24, 2009
Page 13
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2008-09 Adopted Budget.
5) Approve budget amendments.
6) For the Board of County Commissioners to declare a public purpose,
adopt and authorize the Chairman to approve a Resolution allowing
the Tourism Department on behalf of the TDC and the Naples, Marco
Island, Everglades CVB to solicit and receive donations to use as
prizes and awards for tourism promotions, familiarization tours and
auctions.
7) Recommendation to adopt a resolution authorizing cash amounts to be
allocated on March 31, 2009 for the parity Debt Service Reserve
Account associated with the County's Capital Improvement Revenue
Bonds (Series No. 2002/200312005) in an amount not exceeding
$8,026,972.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommend the Collier County Community Redevelopment Agency
review and approve the 2008 CRA Annual Report, forward the report
to the Board of County Commissioners and Clerk of Courts and
publish public notice of the filing.
2) To approve and execute a Shoreline Stabilization Grant Agreement(s)
between the Collier County Community Redevelopment Agency
(CRA) and a Grant Applicant(s) within the Bayshore Gateway
Triangle Community Redevelopment area (2832 Arbutus Street) in
the amount of $4,450.
3) To approve and execute a Commercial Building Improvement Grant
Agreement(s) between the Collier County Community
Redevelopment Agency (CRA) and a Grant Applicant(s) within the
Bayshore Gateway Triangle Community Redevelopment area (3161
Van Buren Avenue) in the amount of $1,450.
March 24, 2009
Page 14
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attending the Know Your County Government Teen Citizenship
Program Luncheon March 24, 2009 at East Naples United Methodist
Church. $10.00 to be paid from Commissioner Halas' travel budget.
2) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Fifth Annual Honor the Free Press Day luncheon on
Wednesday, March 18,2009, at the Hilton Hotel in Naples, Florida.
$30.00 to be paid from Commissioner Halas' travel budget.
3) Commissioner Coyle requests Board approval for payment for
attending a function serving a valid public purpose. Commissioner
Coyle attended The Women's Health Research Luncheon on March
19,2009 at The Naples Grande; $50.00 to be paid from Commissioner
Coyle's travel budget.
4) Commissioner Coletta requests Board approval for payment to attend
a function serving a valid public purpose. Commissioner Coletta
attending the Chabad of Naples Fifth Anniversary and Awards
Program, 6 p.rn., March 22, 2009 at the Naples Beach Hotel. $150.00
to be paid from Commissioner Coletta's travel budget.
5) Commissioner Coletta requests Board approval for payment to attend
a function serving a valid public purpose. Commissioner Coletta
attending the Greater Naples Better Government Committee's
Reception honoring Retiring President ofGNBGC, Lou Vlasho, April
1,2009,5 p.rn. at Vergina's on Fifth Avenue. $5.00 to be paid from
Commissioner Coletta's travel budget.
6) Commissioner Coletta requests Board approval for payment to attend
a function serving a valid public purpose. Commissioner Coletta
attending the Collier County Junior Deputies League BBQ and
Fundraiser Event for the Development of Camp Discovery, April 18,
2009, 11 a.m. at Camp Discovery. $35.00 to be paid from
Commissioner Coletta's travel budget.
March 24, 2009
Page 15
7) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Fifth Annual Honor the Free Press Day luncheon on
Wednesday, March 18,2009, at the Hilton Hotel in Naples, Florida.
$30.00 to be paid from Commissioner Henning's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of
February 28, 2009 through March 6, 2009 and for submission into the
official records of the Board.
2) To obtain Board approval for disbursements for the period of March
7,2009 through March 13,2009 and for submission into the official
records of the Board.
3) Recommendation that the Board of County Commissioners approve
the State of Florida Annual Local Government Financial Report for
the fiscal year 2007 -2008 as required by Florida Statute 218.32.
K. COUNTY ATTORNEY
1) Recommendation that the Board of County Commissioners directs
Staff to work with the County Attorney to amend the Land
Development Code (LDC) and relocate to the Collier County Code of
Laws and Ordinances LDC Sections 8.03.00 (the Planning
Commission Ordinance); 8.04.00 (the Board of Zoning Appeals
Ordinance); 8.05.00 (the Building Board of Adjustments and Appeals
Ordinance); 8.06.00 (the Environmental Advisory Council
Ordinance); 8.07.00 (the Historic/ Archaeologic Preservation Board
Ordinance); and Section 8.08.00 (the Code Enforcement Board
Ordinance), and to amend the Planning Commission Ordinance to
require nomination by the Commissioner of the District which the
appointee would represent.
March 24, 2009
Page 16
2) Recommendation that the Board of County Commissioners authorizes
staff to proceed with advertising a proposed Ordinance amending
Ordinance No. 2001-55, as amended, (the Advisory Board Ordinance)
to eliminate both term limits and the restrictions on simultaneous
service on more than two County Boards.
3) County Attorney report on sidewalk requirement for the World Tennis
Center Planned Unit Development.
4) County Attorney report on fair share payments required to be paid
towards the installation, operation and maintenance of the traffic
signal at the intersection of Pine Ridge Road and Whippoorwill Lane.
5) Recommendation pursuant to Collier County Resolution 95-632, that
the Board of County Commissioners authorizes the Office of the
County Attorney to select retain outside counsel to represent
Commissioner Tom Henning as well as County employees Stan
Chrzanowski and Rudy Moss, who are all being sued by former
employee Barbara Burgeson in the case styled Barbara Burgeson v.
Collier County, Tom Henning, Stan Chrzanowski, and Rudy Moss,
Case No. 09-201O-CA, Twentieth Judicial Circuit in and for Collier
County, and in addition to waive the Purchasing Policy to the extent it
applies to the selection of outside counsel and/or otherwise exempt the
selection of outside counsel from competition pursuant to VII.G. of
the Purchasing Policy.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE lTEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
March 24, 2009
Page 17
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: SV-2008-AR-
13618 (NG) CHM Naples Hotel Partners, LLC, is requesting three sign
variances to allow two wall signs for Spring Hill Suites, and one directional
monument sign to serve as both an on-premises sign for Spring Hill Suites
and an off-premises sign for Fairfield Inn. The first variance is from Section
5.06.04.C.4. of the Land Development Code (LDC), which requires one wall
sign shall be permitted for each single-occupancy parcel, to allow two wall
signs. The second variance is from Section 5.06.04.C.I 6.b.i. of the LDC,
which allows a maximum sign area of 12 square feet for an off-premise
directional sign, to allow a 35.5 square foot off-premise sign. The third
variance is from Section 5.06.04.C.I6.b.ii. of the LDC, which allows a
maximum sign height of 8 feet above the lowest center grade of the arterial
roadway for an off-premise directional sign, to allow a maximum sign height
of 12 feet. The subject property is located at 3798 White Lake Boulevard, in
Section 35, Township 49 South, Range 26 East, Collier County, Florida.
B. Recommendation that the Board of County Commissioners adopts an
Ordinance amending Ordinance No. 2007-74, the Collier County
Convenience Business Security Ordinance, in order to include the provisions
of Florida Administrative Rule 2A-5.005, Minimum Safety Standards for
Convenience Businesses.
C. Recommendation to adopt a resolution approving budget amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2008-09 Adopted Budget.
D. Recommendation that the Board of County Commissioners approves the
attached Ordinance establishing a Voluntary Separation Incentive Program
which would authorize the County Manager to extend a Voluntary
Separation Incentive Program to eligible employees with an enabling
Resolution.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
March 24, 2009
Page 18
March 24, 2009
MR. OCHS: Ladies and gentlemen, if you'd please take your
seats.
Commissioner, you have a live mike.
CHAIRMAN FIALA: Thank you. Good morning, everyone.
How nice it is to see some young faces in our audience for a change,
isn't it? Welcome all. We really appreciate you are here today, Know
Your Government people.
This is the County commission meeting of March 24th, and I ask
you all to rise for the prayer and the Pledge of Allegiance. The Pledge
of Allegiance will be led by Commissioner Coyle. Prayer first.
MR. OCHS: Our Heavenly Father, we ask your blessings on
these proceedings and all who are gathering here. We ask a special
blessing on this Board of County Commissioners, guide them in their
deliberations, grant them wisdom and vision to meet the trials of this
day and the days to come.
Bless us now as we undertake the business of Collier County and
its citizens, that our actions will serve the greater good of all citizens
and be acceptable in your sight.
These things we pray in your name, amen.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: Thank you. And now, our assistant
County Manager, Leo Ochs, will bring us up to date on what's
happening with our agenda.
Item #2A
TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES
MR. OCHS: Thank you, Madam Chair. Good morning. Board
of County Commissioner's agenda changes for March 24,2009.
Item 16B 11 should read, recommendation to approve submittal
Page 2
March 24, 2009
of a hazard mitigation grant to the Federal Emergency Management
Agency, Department of Homeland Security for $2 million, rather than
$150,000, and that's a staff request.
Next change is to move Item 16B13 to lOH, and that's a
recommendation to approve a resolution authorizing posting no
trespassing signs pertaining to a dry retention pond that is located just
south of the intersection of Michigan Avenue and 12th Street North,
promote and protect the well-being of the general public. That pull is
at Commissioner Coletta's request.
Item 16D5 is a recommendation to award three contracts for
beach monitoring services, and the staff would like to note for the
record in the approval of that item that individual work orders that
exceed $200,000 in total contract costs that exceed $750 (sic) will
require board approval.
CHAIRMAN FIALA: $750,000?
MR. OCHS: The total contract costs, yes, ma'am. These are
done on individual work orders. We don't anticipate --
CHAIRMAN FIALA: But, no. You just said $750, and I just
wanted to correct that for the record.
MR. OCHS: I'm sorry, yes, ma'am.
And finally 17D, we would just note that that item was continued
from the March 10,2009, BCC meeting.
Madam Chair, I have one other change that's not on the change
sheet. We got a call this morning from our supervisor of elections,
Jennifer Edwards, who's one of the recipients of your proclamations.
Item 4G is a proclamation designating Naples Toastmaster Club Day.
Ms. Edwards has another appointment up in Lee County this
morning, and we would ask the board's indulgence to move that
particular proclamation up to the top of your list of proclamations this
mornmg.
Then you have two time-certain items. First item is Item 8B, and
that item is to be heard at 3:30 p.m. That is PUDZ-2007-AR-12097,
Page 3
March 24, 2009
and that is commonly known as the Heavenly PUD, and that item will
be heard at 3:30.
And then Item 10A will be heard at 11:00. That is the second in
the continuing annual reports from your designated advisory
committee.
And one note, just a reminder for the commissioners, that we
have a commitment to attend a luncheon with the Know Your County
Government team over at the Methodist church at 12:15.
That's all the changes I have, ma'am.
CHAIRMAN FIALA: Thank you. And I might like to add here,
we have some commissioners leaving tomorrow morning at a very,
very early time, and so what I'd like to do is group all of our
proclamations together in one group, if that would meet the approval
of my other fellow commissioners, and rather than reading each one --
we have nine today -- we'll bring them all up together, take individual
pictures with each proclamation, and if anyone does have a comment,
we would certainly invite them to say that, and that way we can move
this meeting along rather quickly.
And also, I ask my fellow commissioners, as we move through
this agenda today, for any of the subjects that there's a lot of
conversation to be involved, I would ask that all commissioners hold
their questions, unless they're extremely important at that time, till the
end of all the presentations, and then -- and then we can discuss
questions and comments at that point in time.
County Attorney, do you have anything?
MR. KLA TZKOW: No changes, Madam Chair.
CHAIRMAN FIALA: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: Madam Chair, I have no further
changes to the agenda, and I have no disclosures for the consent or
summary agenda.
CHAIRMAN FIALA: Commissioner Halas?
Page 4
March 24, 2009
COMMISSIONER HALAS: Good morning, Madam Chair. I
have no changes on today's consent or summary agenda, and I have
nothing to bring forth as far as ex parte on either one of those parts.
Thank you.
CHAIRMAN FIALA: Thank you.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, ma'am. I have no change
to the agenda, and the only disclosure I have to make is on the
summary agenda, and that's 17 A. I have had meetings, emails, and
phone calls.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: I'm fine.
CHAIRMAN FIALA: I know you are.
COMMISSIONER HENNING: And I have no changes to
today's agenda and also no ex parte on today's consent or summary.
CHAIRMAN FIALA: And I have no changes or additions to the
agenda and no ex parte to declare. So --
COMMISSIONER HENNING: Madam Chair, I make a motion
to approve today's agenda as amended.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
Page 5
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
March 24, 2009
Item 16B11 should read: "Recommendation to approve submittal of a Hazard Mitigation Grant to
the Federal Emergency Management Agency, Department of Homeland Security for $200,000
(rather than $150,000). . . " (Staff's request.)
Move Item 16B13 to 10H: Recommendation to approve a Resolution authorizing posting No
Trespassing Signs pertaining to a dry retention pond that is located just south of the intersection
of Michigan Avenue and 12th Street North to promote and protect the well-being of the general
public. (Commissioner Coletta's request.)
Item 16D5: Recommendation that the Board of County Commissioners award three contracts
under #08-5124, Fix Term Physical and Biological Monitoring Services for the Collier County
Coastal Zone Management Projects to Coastal Planning and Engineering, Inc., Coastal
Engineering Consultants, Inc., and Humiston & Moore Engineers, P.A. Note for the record that
individual work orders that exceed $200,000 or total contract costs that exceed $750.000 will
reauire Board approval. (Staff's request.)
Item 17D was continued from the March 10.2009 BCC meetina: Recommendation that the Board
of County Commissioners approves the attached Ordinance establishing a Voluntary Separation
Incentive Program which would authorize the County Manager to extend a Voluntary Separation
Incentive Program to eligible employees with an enabling Resolution. (Staff's request.)
Time Certain Items:
Item 8B to be heard at 3:30 p.m. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-2007-AR-12097, The Covenant
Presbyterian Church of Naples, Inc. and Florida Community Bank, NA, represented by Richard
Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., are requesting a
rezone from the Residential Single-family (FSF-1) Zoning District to the Community Facilities
Planned Unit Development (CFPUD) Zoning District for a project to be known as Heavenly
CFPUD, which would memorialize the existing church uses and would permit redevelopment
consistent with the Master Plan to allow a maximum of 80,000 square feet for a house of worship,
including day care facilities, a Pre-K through third grade school, and various accessory uses for
Tract A; and an additional 20,000 square feet of house of worship including children and adult
day cares, Pre-K through third grade school and accessory uses for Tract B. The 15.93-acre
subject property is located at 6926 Trail Boulevard, and comprises the entire block bounded by
Ridge Drive, West Street, Myrtle Road and Trail Boulevard in Section 3, Township 49 South,
Range 25 East of Collier County, Florida. CTS (Commissioner Halas' request.)
Item 10A to be heard at 11 :00 a.m. To review the written and oral reports ofthe Advisory Boards
and Committees scheduled for review in 2009 in accordance with Ordinance No. 2001-55.
Committees include: Ochopee Fire Control District Committee; Collier County Planning
Commission; Golden Gate Estates Land Trust Advisory Committee and Collier County Coastal
Advisory Committee.
Note: Commissioners will be attending the lunch with the Know Your County Government Teen
Citizenship Program at the Methodist Church from 12:15 to 1:15 p.m.
3/24/2009 8:42 AM
March 24, 2009
Item #2B
MINUTES FROM THE FEBRUARY 24, 2009 - BCC/REGULAR
MEETING - APPROVED AS PRESENTED
COMMISSIONER HENNING: Madam Chair, I make a motion
to approve February 24,2009, BCC regular meeting.
CHAIRMAN FIALA: And a second?
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay. And I have a second. All those in
favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
Item #3A, #3B, #3C, and #3D
EMPLOYEE SERVICE AWARDS - PRESENTED
MR. OCHS: Madam Chair, that brings us to your service
awards. We'll hear first from the 20-year attendees. Our first
recipient for 20 years of service, Diane Deoss from solid waste.
MS. FILSON: Commissioner, you usually come down here.
CHAIRMAN FIALA: Oh, fine, thank you. We're going to come
down there so we can shake their hand.
MR. OCHS: Hold on, Diane. The commissioners are going to
come in front.
MS. DEOSS: Thank you.
Page 6
March 24, 2009
CHAIRMAN FIALA: Thank you so much.
It's my pleasure to give you this.
COMMISSIONER COYLE: Good morning. Thank you for 20
years of service.
COMMISSIONER HENNING: Where's your office at?
MS. DEOSS: Solid Waste, third floor.
COMMISSIONER HALAS: Thank you very much for your
servIce.
COMMISSIONER COLETTA: Thank you.
MS. DEOSS: Thank you very much.
MR. OCHS: Thank you. Congratulations.
MS. DEOSS: Thank you.
MR. OCHS: Well done.
CHAIRMAN FIALA: Rose between those thorns, huh?
(Applause.)
MR. OCHS: Our next 20-year recipient is Gregory Harrison
from road maintenance.
(Applause.)
CHAIRMAN FIALA: Hi. Thank you for all you do for us.
COMMISSIONER COYLE: Congratulations.
COMMISSIONER HENNING: Mr. Harrison, thank you.
COMMISSIONER HALAS: Good morning. Congratulations for
20 years.
COMMISSIONER COLETTA: Thank you for your years of
service. Your next 20 will be a lot easier.
MR. OCHS: Get your picture. Congratulations.
(Applause.)
MR. OCHS: Our next recipient for 20 years of service, Robert
Kohl from the water department. Robert.
(Applause.)
CHAIRMAN FIALA: Hi. How are you.
MR. KOHL: Good.
Page 7
March 24, 2009
CHAIRMAN FIALA: Nice to see you again.
COMMISSIONER COYLE: Congratulations. Thank you for 20
years.
COMMISSIONER HENNING: Mr. Kohl, thanks for your
servIce.
MR. KOHL: Thank you.
COMMISSIONER HALAS: Hi, Rob. Good to see you.
COMMISSIONER COLETTA: Thank you.
MR. SHEFFIELD: Congratulations.
MR. OCHS: Congratulations. Go get a picture. Congratulations.
(Applause.)
MR. OCHS: Our next 20-year recipient is Rudy Luna from the
water department.
(Applause.)
CHAIRMAN FIALA: Hi, how are you.
MR. LUNA: How you doing?
CHAIRMAN FIALA: Thank you for your service.
COMMISSIONER COYLE: Congratulations. Thank you.
COMMISSIONER HENNING: Which part are you from?
MR. LUNA: Water distribution.
COMMISSIONER HALAS: Thank you.
COMMISSIONER COLETTA: Thank you.
MR. OCHS: Congratulations, Rudy.
MR. LUNA: I'm shorter.
(Applause.)
MR. OCHS: Our next recipient for 25 years of service, Phil
Cramer from the water department.
(Applause.)
CHAIRMAN FIALA: Hi, thank you.
COMMISSIONER COYLE: Congratulations. Thank you very
much.
COMMISSIONER HENNING: Good to see you.
Page 8
March 24, 2009
MR. CRAMER: Thanks.
COMMISSIONER COLETTA: Thank you.
MR. OCHS: Congratulations. Go get your photo.
(Applause.)
MR. OCHS: Our next recipient with 30 years of County service,
Mary Esch from EMS.
CHAIRMAN FIALA: You must have started when you were
three years old.
COMMISSIONER COYLE: Congratulations.
COMMISSIONER HENNING: Thanks for your service.
COMMISSIONER HALAS: Thank you so much.
COMMISSIONER COLETTA: Thank you very much.
(Applause.)
MR. OCHS: Our next recipient celebrating 35 years of County
service, Val Prince from stormwater management.
(Applause.)
CHAIRMAN FIALA: Wow. We go back a long way.
MR. PRINCE: Yes, ma'am.
CHAIRMAN FIALA: Don't we. Thirty-five years.
MR. PRINCE: Only yesterday.
COMMISSIONER COYLE: Congratulations.
MR. PRINCE: Thank you.
COMMISSIONER HENNING: Impressed.
MR. PRINCE: Appreciate it.
COMMISSIONER HALAS: Thanks for your service.
COMMISSIONER COLETTA: Thank you for your service.
MR. OCHS: Congratulations.
(Applause.)
MR. OCHS: Commissioners, while I have you there, we do have
one advisory service award on the agenda today for five years of
service to the Tourist Development Council and the Collier County
Coastal Advisory Committee, that's Councilman John Sorey. I don't
Page 9
March 24, 2009
know ifhe's in the audience this morning or not, but I know he's going
to join us later in the day for the reports from your advisory board.
MS. FILSON: Yeah. I think he wanted to have that, Leo, then.
MR. OCHS: Okay, very good.
Commissioners, that takes us to proclamations, and as the board
had indicated, what we'll do is we'll call each group up individually.
We will not read the proclamation, but we'll ask the recipients to come
forward, accept a proclamation, and take a photo with the board. The
only exception there, ma'am, will be the Know Your County
Government students who have prepared a brief statement they'd like
to make when they receive their award, if that's okay with the board.
Items #4 A thru #4 I
PROCLAMATIONS: ONE MOTION WAS TAKEN ADOPTING
ALL PROCLAMATIONS (SEE TITLES BELOW)
COMMISSIONER HENNING: Madam Chair, I make a motion
that we approve Section 4 on our agenda, proclamations.
CHAIRMAN FIALA: And do I hear a second? I second that.
So all of the proclamations are now approved.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Thank you.
Item #4G - To be heard first (Request per Deputy County Manager
Page 10
March 24, 2009
Leo Ochs during Agenda Changes)
PROCLAMATION DESIGNATING APRIL 4, 2009 AS NAPLES
TOASTMASTER'S CLUB DAY - ADOPTED
MR. OCHS: The first recipient we'll call is Item 4G. That's a
proclamation designating April 4, 2009, as Naples Toastmasters Club
Day, to be accepted by Edward Larsen, President of Naples
Toastmaster's Club; Jennifer Edwards, Supervisor of Elections of
Collier County and long-time member of Naples Toastmasters Club;
and Marcia Herrera; Area 12 Governor of Toastmasters International.
COMMISSIONER HENNING: I don't have it.
MS. EDWARDS: Oh, you don't?
COMMISSIONER HENNING: But I'll shake your hand.
MS. EDWARDS: Thank you, thank you.
COMMISSIONER COYLE: You have to guess who has it.
Guess what? I've got it.
MS. EDWARDS: Thank you very much. Thank you.
(Applause.)
Item #4A
PROCLAMATION DESIGNATING MARCH 24, 2009 AS
COMMUNITY SCHOOL OF NAPLES STATE CHAMPIONSHIP
DAY - ADOPTED
MR. OCHS: The next proclamation is 4A. It's a proclamation
designating March 24,2009, as Community School of Naples State
Championship Day. To be accepted by Cassie Barone, girls head cross
country coach; and Mitch Woods, girls head basketball coach. Please
come forward.
COMMISSIONER HENNING: I have a whole bunch for you.
Page 11
March 24, 2009
Commissioner Fiala was so kind to sign every one of them.
MS. BARONE: Thank you.
COMMISSIONER HENNING: Congratulations. Good job.
COMMISSIONER COYLE: Congratulations. Thank you.
CHAIRMAN FIALA: It's your time.
(Applause.)
Item #4 B
PROCLAMATION DESIGNATING MARCH 14,2009 THROUGH
MARCH 21, 2009 AS PANTHER AWARENESS WEEK-
ADOPTED
MR. OCHS: Next proclamation is 4B. It's a proclamation
designating March 14,2009, through March 21,2009, as Panther
Awareness Week, to be accepted by Lisa Ostberg, president of Friends
of the Florida Panther Refuge.
(No response.)
MR. OCHS: I'll make sure she gets that, Madam Chair.
CHAIRMAN FIALA: Okay.
Item #4C
PROCLAMATION DESIGNATING APRIL, 2009 AS WATER
CONSERVATION MONTH - ADOPTED
MR.OCHS: Next proclamation, 4C, proclamation designating
April, 2009, as Water Conservation Month, to be accepted by Paul
Mattausch and Clarence Tears. Gentlemen?
(Applause.)
COMMISSIONER HALAS: Hi, Clarence. Good to see you.
Paul, how are you.
Page 12
March 24, 2009
Clarence, thanks. Hi, Paul. Congratulations.
COMMISSIONER HENNING: Thank you.
COMMISSIONER COLETTA: Paul, thank you.
MR. OCHS: Picture. Get your photo. Congratulations.
CHAIRMAN FIALA: After our picture, we'll hear a few words
from Clarence Tears from the Big Cypress Basin.
MR. MATTAUSCH: Commissioners, thank you. I just want to
briefly mention that nine years ago our per capita consumption for
drinking water was over 200 gallons per person per day. And I just
want to tell you that right now we have decreased that per capita
consumption, the amount of water that every individual person in our
system uses, from 200 gallons a day down to now, we've reduced that
consumption by one out of every five gallons used. We've reduced
that consumption by 20 percent. And that is -- that is an excellent
record for water conservation.
MR. TEARS: Good morning. For the record, Clarence Tears,
Director of Big Cypress Basin, South Florida Water Management
District.
It's really important that we all realize that we have a wet season
and a dry season, and 70 percent of our rainfall is during the wet
season, which is about a four-month period.
So every year we have challenges during the dry season trying to
meet our demands; however, Collier County, with your direction and
the support of your staff working together with us, you've went to
alternative sources which allow you to be more drought tolerant and
using the deeper aquifers which aren't directly impacted by local
rainfall, so I appreciate your efforts.
And it's still a challenge for me that water is so cheap. People,
you know, don't conserve the usage of it. Right now currently in
Collier County, it's only .0018 cents per gallon. So, $1.80 per
thousand gallons. Yet we go to the Publix and buy water a dollar a
gallon, yet Collier County, your utility is offering it to you, a thousand
Page 13
March 24, 2009
gallons for that same price.
So I mean, it's really cheap. It's a precious resource. Some
people -- I try to compare it with Chanel No.5, which is about $6,000
a gallon, but you can't drink it, and we can't live without water. It's a
precious resource. And I really appreciate your efforts and direction
and the leadership and direction that you're taking to look at alternate
sources. Thank you.
(Applause.)
Item #4 D
PROCLAMATION DESIGNATING MARCH 24,2009 AS
SWEETBA Y SUPERMARKET DAY - ADOPTED
MR. OCHS: Madam Chair, our next proclamation, 4D,
proclamation designating March 24,2009, as Sweetbay Supermarket
Day, to be accepted by David Williams.
(Applause.)
COMMISSIONER COLETTA: Thank you.
COMMISSIONER HALAS: Thank you very much for
everything you guys do.
COMMISSIONER COYLE: Good morning.
CHAIRMAN FIALA: Hope you come to East Naples next.
MR. OCHS: Slide down guys. Get yourselves centered there.
CHAIRMAN FIALA: Commissioner Halas said that somebody
would like to say a few words. Is that --
COMMISSIONER COLETTA: This one's for the family photo
album.
MR. WILLIAMS: I'd just like to say I want to thank you for, Mr.
Halas, Commissioner Halas, for recognizing Sweetbay Supermarket
for all that we do in the community with the Parks and Rec., with the
Sweetbay senior games, and all the other activities we're involved
Page 14
March 24,2009
with, and we certainly are looking forward to doing more with the
County. Thank you.
COMMISSIONER HALAS: Thank you.
(Applause.)
Item #4 E
PROCLAMATION DESIGNATING APRIL 2, 2009 AS WORLD
AUTISM DAY - ADOPTED
MR. OCHS: Next proclamation is 4E. It's a proclamation
designating April 2, 2009, as World Autism Day, to be accepted by
Robbie Powell.
(Applause.)
COMMISSIONER HENNING: Thanks for being here.
MR. POWELL: Get your picture.
(Applause.)
MR. OCHS: It's hard to top that one.
Item #4 F
PROCLAMATION DESIGNATING THE WEEK OF MARCH 23,
2009 THROUGH MARCH 27,2009 AS THE 29TH
ANNIVERSARY OF KNOW YOUR COUNTY GOVERNMENT
WEEK - ADOPTED
Next proclamation is 4F. That's a proclamation designating the
week of March 23,2009 through March 27,2009, as the 29th
anniversary of Know Your County Government Week, to be accepted
by Robert Dorsey, Alex Bethune, and Bobby Mladenov. Close
enough? Come on up, guys.
CHAIRMAN FIALA: And you're going to be reading this one,
Page 15
March 24, 2009
Commissioner Coletta?
COMMISSIONER COLETTA: Well, I'd be happy to read it.
Did you want me to do that, or --
CHAIRMAN FIALA: I think that's what you said, isn't it?
MR. OCHS: Well, I was going to say, we can still present, and
then they could make their remarks afterwards.
CHAIRMAN FIALA: Oh, okay.
MR. OCHS: Come on up.
(Applause.)
CHAIRMAN FIALA: Thank you for being here. I hope you're
finding it interesting so far.
COMMISSIONER HENNING: Oh, the Marine Corps. I'm sorry.
COMMISSIONER COLETTA: I'm U.S. Army too, man.
MS. FILSON: Where's the proclamation?
CHAIRMAN FIALA: He's got it.
(Applause.)
MR. OCHS: Gentlemen.
MR. BETHUNE: First of all I'd like to say good morning. My
name's Alex Bethune. And we are here today to tell you and thank
you for an opportunity we otherwise would not have been able to
expenence.
For the last few weeks we have been visiting and learning about
the Collier County Government and its facilities. The most impressive
thing that I have witnessed is that Collier County is the -- one of the
most modern and up-to-date counties in the nation.
Before this last month, I thought that the government was a
stereotypical government trying to take advantage of the people for
their own gain, but now I realize that without government, many of us
would not be alive today and that government is necessary. Thank
you.
(Applause.)
MR. MLADENOV: Good morning. My name is Bob
Page 16
March 24, 2009
Mladenov. I'm from Naples High School.
I would like to thank the Commission, County Manager, all
participating County officials, Constitutional Officers, and adults from
4-H and the Collier County Public Schools who have worked together
to make the Collier County -- the Know Your Government Program
possible.
Some of the places we visited include the Collier County
Landfill, water treatment plant and also parks and recreation and fire
department in North Naples.
I'm impressed most from the mountains of garbage that are
actually converted to hills and they're actually made to look beautiful.
And also, I'm impressed by all the modern equipment that north
fire department in Naples uses and all the work that they're doing, and
they're ready to save us at any time.
Today I'm looking forward to having lunch with the County
commissioners, and I want you to know that I'm very honored to be
here.
Thank you very much.
(Applause.)
MR. DORSEY: Good morning. I'm Robert Dorsey. I'm a senior
at Barron Collier High School.
I'd like to thank all the participating people and groups in this
program for making this program possible.
Some things that we've learned through this program include how
the government functions as an entire body as well as how things get
done in each department. I personally never knew how much
behind-the-scenes work went into making Collier County what it is
today.
What impressed me the most was that every location that we
visited all connected to another location in some manner. The
government works very efficiently here in Collier County.
Last Thursday, for instance, we visited Emergency Management
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March 24, 2009
Services, the health department and spoke to Norm Feder of
transportation. This day impressed me the most, and to keep it short,
showed how everything we've learned is connected and works
together.
The last thing I'd like to say is thank you. We've all looked
forward to today since we started the program. To speak in front of
and to share lunch with the Commissioners is a great honor, and we
really appreciate your time.
Thank you.
(Applause.)
Item #4H
PROCLAMATION DESIGNATING MARCH 25,2009 AS
EDISON STATE COLLEGE GREENFEST DAY - ADOPTED
MR. OCHS: Next proclamation is proclamation 4H. That's a
proclamation designating March 25, 2009, as Edison State College
GreenFest Day, to be accepted by Dr. Kirk Otto, Science Lab
Manager, Edison State College; and Nancy Frye, Secretary, Collier
County Community Traffic Safety Team.
(Applause.)
COMMISSIONER COYLE: You have two proclamations. One
for you and one for you, Doctor. Thank you very much.
COMMISSIONER HALAS: Thanks for being here.
COMMISSIONER COLETTA: Thank you.
(Applause.)
Item #41
PROCLAMATION DESIGNATING APRIL 6 - 10,2009 AS
NATIONAL WORK ZONE AWARENESS WEEK 2009 -
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March 24, 2009
ADOPTED
MR. OCHS: The next item is proclamation designating April 6
through April 10, 2009, as National Work Zone Awareness Week
2009, to be accepted by Jay Ahmad, Collier County Transportation
engineering and construction management director, and Sergeant
Chris Gonzalez from the Collier County Sheriffs Office.
(Applause.)
COMMISSIONER COLETTA: That's not it. That's for -- oh,
yeah, I'm sorry.
COMMISSIONER COYLE: So much for good government.
(Applause.)
MR. AHMAD: Thank you.
SGT. GONZALEZ: Thank you.
Item #5A
PRESENT A nON BY MARCELA RICE REGARDING THE
UNITED STATES CENSUS 2010 - PRESENTED
MR. OCHS: Madam Chair, that takes us to presentations. Your
first presentation is by Marcela Rice regarding the United States
Census 2010. Ms. Rice?
MS. RICE: Good morning. My name is Marcela Rice, and I'm a
partnership specialist for the United States Census 2010.
I would like to thank the board for giving me the opportunity to
speak to you. I'm proud to be part of this grand event and proud to be
part of the Collier County.
The 2010 census is upon us, and we need for everyone to be
counted. It will be April 1, 2010. It is safe, protects information, easy.
It will be one of the shortest questionnaires in history. Everyone
counts. It is to account for everyone living in the U.S., both citizens
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March 24, 2009
and noncitizens.
There are two areas that I will need your assistance. First, to
develop a complete count committee. It was done by the governor of
Florida. Now we need your participation at the local and the
community level.
You have the booklets in front of you with more information on
how to form this CCC. It's complete count committee. Why form a
CCC? To increase the response rate for residents mailing back their
questionnaire, also to utilize the expertise and influence of each
member to bring together a cross-section of community members.
This focus is 2010 census aware (sic).
The second area is to develop partnerships. You have another
sheet in the back, and this is very important. These are agreements
with the business, faith-based organizations, schools, social services,
parks, hospitals, and others. I will need you to be our partners and to
open doors so we can spread the word to more people. One person
cannot do it alone.
I have five counties that I'm in charge of it. That's Collier,
Glades, Lee, Hendry, and Charlotte. So you can see, it is in our hands,
and we can do it together.
Thank you for the time. And if you need more information,
please go to www.census.gov/2010census. And we will be hiring
people. We'll be opening new places up in Fort Myers and Boca
Grand, so please, you know, give me a call. You have my card. I
need all of you to participate, and hopefully you can sign the
agreement to be a partner.
Thank you very much.
CHAIRMAN FIALA: Ms. Rice, before you leave,
Commissioner Coletta has a question.
COMMISSIONER COLETTA: Yeah. Well, I think my fellow
commissioners understand the importance of making sure we count
every person in Collier County. It has -- it's directly related to the tax
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March 24, 2009
reimbursements we get back from the Federal Government.
And for that reason, I'd like to see that we direct our County Staff
through the County Manager to work with your agency just as other
government entities have done so with such amenities that we can
offer, such as a link to our website. Any way we can make people
aware of it.
MS. RICE: Thank you, Jim. In the agreement, in the partnership
agreement, there is some little boxes that you can check so each one of
you can be my partner, and we can work with the complete census --
complete census committee. So you would need to appoint someone
to help me.
And I know I have a lot of young people here, that they would
like to volunteer for the census. And this is very important because
you benefit -- all the youth will benefit from it. So you have to
remember, it's very important for the census. And 2010 will be right
next to us pretty soon. Thank you.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN FIALA: Thank you.
(Applause.)
Item #5B
KRAFT CONSTRUCTION COMPANY CONTRACTOR
PRESENTATION ON THE CURRENT PROJECT STATUS OF
FREEDOM PARK - PRESENTED
MR. OCHS: Our next presentation is from Kraft Construction
Company for an update on the project status of our Freedom Park.
MS. BISHOP: Margaret Bishop, senior partner project manager
with the transportation services division, stormwater management
section.
I'm here to introduce Henry McKevitt, who's the Senior Project
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March 24, 2009
Manager with Kraft Construction Company, and he's going to give us
a construction status of the Freedom Park.
MR. McKEVITT: Thank you, Margaret. I thank you,
Commissioners, for this honor of bringing you up to date on what we
are doing for the community.
Last time we were here we had started you out at the beginning
of our project. Many of the first slides are from that original
presentation that we've done. So it will bring you up to date as far as
where we are, the contract, project number, Kraft Construction project
management team.
As before -- I need new glasses here. There we go. The project
itself is approximately a 50-acre site, which includes 3,500 feet of
boardwalk, a mile and three quarters of walkway, trails, four lakes -- I
apologize here. I'm a short guy, I am.
All right. With approximately -- let's see, going back, four lakes,
revealing -- reviewing, I'm sorry, pavilions.
As we go through you'll see -- okay, let's bring our staffup here
first of all. The contract, the original contract amount -- excuse me,
gentlemen. I'm not used to -- there we go. The original contract
amount was $9,852,000. We do have a revised budget amount of
9,000,221, which is due to some impact fees from the City of Naples.
All right. As can you see up here, this is our staff, Mr. Pete
Tuffo, our Vice-President; myself, Henry McKevitt; Joe Brand, who is
on site at all times, senior superintendent; Margaret Bishop, senior
project manager from the County; Michael Ryan, which is associate
project manager with PBS&J who oversees the project with us; and
Juan Carlos is also the on-site construction manager for PBS&J.
As I said in the beginning, these are some of the site pictures that
we showed you the last time out. I believe it was in September we
were here.
I'll just pretty much go through these right now, and then I'll
bring you up to date on where we were [rom the last point we were
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March 24, 2009
here.
Okay. All right. Actually we started the foundations for the Oak
Hammock in July of '08, which construction for the Oak Hammock
continued. Permits have not been received yet or issued for the
building itself of the educational site. Still waiting at that time.
Completion of observation decks throughout the site, and these
were the ones I spoke of before. We had three of them on the lakes.
Also we had three of them out in the wetlands area on the boardwalks.
Okay. Now, as of September when we were here, this is where
we were at. Completion of the decks and boardwalks throughout the
wetlands, limestone base for all our paths were done, and the planting
of the trees around the lakes had begun.
Since then, planting in the lakes -- the littoral planting had been
done, completed irrigation around all the lakes had taken place,
limestone base for the northwest buildings. We started construction
on the northwest buildings, which consisted of a maintenance building
and a rest room building.
As you -- we started in December. We finally got our building
permits to proceed with the buildings. We started with the masonry
for the northwest buildings, and the planting, again, continuing of the
littorals, and when the lakes did go down, gave us an opportunity to
get into the lakes.
All right. Completion of the 20 piles (sic), 20-inch piles from the
river, Lake D -- okay. I'll back up on that one there. All right. In
Lake D we had some additional work that had to take place, 20-inch
piles from the river to the lake -- 20-inch pipe. I apologize for that.
Take the glasses off, and I can do better. All right.
We had a 20-inch pipe that ran all the way from the river, Gordon
River itself, into Lake D. Lake D is the second lake on your right.
You see the large lake, which is Lake A, and directly to the right of
that would be Lake D. That was to provide for a future pump site.
All right. Construction on the educational building had finally
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March 24, 2009
gotten started for us in February. This put us somewhat behind;
however, it did not change what we intend to complete at our
completion date. If anyone's been by the site, you can see a lot of
activity going on on that educational building, the parking lot. It's
moving along very quickly. All our subcontractors have stepped up
and see to it that we will complete that building in (sic) time.
On the educational building, when it came to this month, we've
actually proceeded a lot further than this at this point. The roofs done,
the siding's done, the decking, all around the MEPs are completed,
windows installed. We've actually completed all the painting on the
exterior, 80 percent of all the pavers have been done, parking lot has
its first coat completely down, parking lot pavers are down. So a lot
more right after this report was done could have been added to it to tell
you where we're at.
Right now we're at 80 percent completion on the educational
building. I'm very proud of that for the team that's out there because
we've taken building, which is a six-month construction period, and
reduced it down to four.
Here's your oak hammock we spoke about earlier, some planting
around it. This is as it is today. Some of our boardwalk for those that
haven't gotten out there. Actually we don't allow you out there until
we're 100 percent done, but I'll give you some sight (sic) of what's
gomg on.
On the northwest corner, which is actually Goodlette-Frank
Road, there is a canal that dumps into the park. This is a pump station
for that. We've built it so we capture that water prior to going down to
the Gordon River itself, and it is then pumped into lake A for
treatment. From Lake A it continues cycling through all the other
lakes prior to it getting down into the Gordon River.
Some observation decks that are around the park for viewing.
There'll be benches in these areas and signs telling exactly what's
around them.
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March 24, 2009
Educational building. Like I said, since this picture was taken,
quite a bit of work's done.
Also on the site is the future site of the Freedom Memorial,
which was a groundbreaking done on that last week, and construction
has begun on the foundation system.
That's my presentation to the board, and I thank you very much
for the opportunity. If anyone has any questions --
CHAIRMAN FIALA: Yes, we do.
Commissioner Halas?
COMMISSIONER HALAS: Just a couple of quick questions.
When do you foresee that the opening of the boardwalk will be open
for the public?
MR. McKEVITT: We will be completed on time with our
contract by June 9th of this year.
COMMISSIONER HALAS: Okay.
MR. McKEVITT: At that time when we turn over, the parks
department will make those other arrangements.
COMMISSIONER HALAS: Looking forward to using that
boardwalk.
MR. McKEVITT: Oh, yeah. I've got an opportunity to walk it
many times.
CHAIRMAN FIALA: And Commissioner Coyle?
COMMISSIONER COYLE: Madam Chair, I think it's important
to recognize the contributions of Henry McKevitt and Kraft
Construction Company on this project. They've just been wonderful
to work with. They've done a great job. They've kept on time, kept on
schedule, and this is going to be a wonderful amenity for our entire
County. Thank you very much.
MR. McKEVITT: I thank you for the opportunity.
CHAIRMAN FIALA: Thank you.
MR. McKEVITT: Thank you.
CHAIRMAN FIALA: And thank you, Commissioner Coyle.
Page 25
March 24, 2009
MR. OCHS: Madam Chair?
CHAIRMAN FIALA: Yes.
Item #6A
PUBLIC PETITION REQUEST BY EVELYN DELANEY TO
DISCUSS SET BACK CODE VIOLATION - MOTION TO DENY
REQUEST - APPROVED
MR. OCHS: That takes us to your public petition, 6A, it is a
public petition request by Evelyn Delaney to discuss setback code
violation.
CHAIRMAN FIALA: Too bad they have to leave. We're just
getting into the good stuff.
MS. DELANEY: I have brought copies with, if anyone would
like them.
My name is Evelyn Delaney from 227 Rookery Road in Naples,
Florida. I am here today to get answers for a situation about our
carport.
We purchased a piece of property in April of 2008 in Riverwood
Estates, Naples, a 55-plus community. After we purchased the
property, we decided to purchase a boat, therefore, needing a carport
to store the boat under per the by laws of the mobile home park. You
cannot have a boat that is not under a carport.
We have a corner lot that had a carport for our car and figured
there was plenty of room for a double carport for the boat. We hired
Advanced Mobile Home Systems, whom I have a representative today
with me, Dale Mathias, in case you have questions, which is a
reputable contractor in the area, to construct the carport in April of
2008, at which time we signed a contract for $11,300 for the
construction.
They then applied for and received a building permit from the
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March 24, 2009
County for the construction after which time they built our carport.
We also had applied for and received a building permit from the park
association at the same time.
After the carport was completed and by this time paid for, AMS
contacted the County for the final check on the construction. They
were denied final acceptance of said carport, as they were told it was
too close to the setback line. I, to this date, have never received a
letter from Collier County for any violation.
When AMS told me sometime in September the final County
approval was denied, I contacted the permit office, and they verbally
told us we were in violation, but as of today, have not been able to
show me in writing the code for mobile homes, any part that says that
a corner lot, which ours is, has two front yards because it has two
roads, Rookery Road and Beverly Drive, and that it has to be 25 feet
from that setback line on those two roads.
I would like to be shown the code with a code number and where
it says in that code for mobile homes, in the interior of a park, for
those footage requirements. I gave the information on the only code
that I could find about mobile homes, 4.02.00, site design standards, to
the petition manager in the County office to be considered. You have
a copy attached today.
Riverwood Estates is not a PUD, per Wanda Warren in
permitting, under Alamar Finnegan. It is just a mobile home park.
Weare being pressured by the park association to lower the roof
on our carport, as it does not conform to the roofline of our home,
another park bylaw.
Weare not going to consider this action until the one with the
County is resolved because of the expense to lower the roof, and then
we may have to take the structure down. I have been working to try to
resolve this matter through Bob Dunn and Al Finnegan since
September of 2008, which has gotten me nowhere, since the
attachment from Mr. Dunn -- I don't believe I included that, but I gave
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March 24, 2009
it to you before -- for his reason why we should take the structure does
not pertain to mobile homes.
A person in the code department told me that the code for mobile
homes is 25 feet from the setback for the front yard, which is the part
of the home that faces the longest road that runs past your home. In
our case would be Rookery, seven-and-a-halffeet on the side, no
matter if it is a corner lot or not, and 10 feet in the back. Our structure
meets all of these requirements.
There are two questions I have. If you decide that our structure is
in violation, why was a permit issued for the building when the
measurements were included on the application? And secondly, why
is the property directly behind us, 897 Manatee Road, which is also a
corner lot, allowed to have a double carport exactly the same distance
from the Beverly Drive as ours, and the front of their home faces
Manatee Road, an external boundary road of the park?
We would appreciate something to be decided so we can resolve
the issue with the association. We will only be at our 227 Rookery
Road address until April 1 st this year, as we have to return home on
April 2nd. Please let us know your decision as soon as you could.
I will leave our address for Wisconsin with your office in case
you cannot get to this issue before we have to leave.
I thank you very much for your time and consideration.
CHAIRMAN FIALA: We have a few questions from
commISSIOners.
MS. DELANEY: Yes, that's fine.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Ms. Delaney, I appreciate you
coming here today under public petition, you know.
MS. DELANEY: I appreciate your time.
COMMISSIONER COLETTA: This is one of the things we like
to see citizens do all the time.
But let's go right to the source on this to get your answers.
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March 24, 2009
And Mr. Schmitt, would you care to comment on this and try to
give some -- so we can find out what kind of direction can be taken?
MR. SCHMITT: For the record, Joe Schmitt, your Administrator
of Community Development.
And I'm going to put several things on -- on the visualizer. First,
this is the building permit. And note on the building permit, setbacks
clearly show 25, seven and a half, and 25.
Just for orientation, I'm going to leave that building permit there
for a minute for orientation. This is the -- this is the property where it's
located, and this is the property that Ms. Delaney just referenced had a
permit, and that permit was from 1994.
That permit was issued prior to the requirement for spot surveys
and was approved in January of '94, and we didn't require spot surveys
until October of '94. So that was CO'd.
But let me go back to the permit so you understand. The
setbacks are shown exactly on the permit. I do note that an inspection
for the footers, for the placement of the slab was called in on May
20th. On May 30th, they should have had the ten-day spot survey
which would have determined the location of the slab. They did not
call in the spot survey until July, and that was at the -- after the
completion of the project. Just note that.
Let me run through some more. This is the -- this is the plan.
Rather simple plan that came in that was submitted by the contractor
showing the setbacks, 15,30, and 45. Clearly we showed here the
setbacks required from the property lines at 25,25, and seven and a
half, noting that it was a corner lot.
They indicated -- obviously here they indicated the
measurements from the street, but certainly the contractor is required
and should know that the setbacks are taken from -- from the property
line. Of course, with this submittal, we have no idea what they were
showing other than they were showing that it was set back properly.
Also shown on this rather primitive design is -- was a 9- foot roof
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March 24, 2009
height. Again, on the notice to proceed, permit was clearly shown at
25,25, and 10. This is what was constructed. Certainly exceeds what
-- the height that was shown. This -- this structure does not meet
building code. It wasn't secured properly. It's not secured properly to
the building itself and, of course, it exceeds the height that was
originally shown on the design that was submitted by the contractor,
and -- which is one of the problems. It's going to have to be
engineered if it's going to stay at that height.
And for the -- I can go through some other pictures, but I think
that when the spot survey finally came in -- this is the spot survey that
was submitted -- spot survey clearly shows that the dimensions are far
less than what was required on the 25- foot setback. The blue outlines
the mobile home, there's a carport, and adjacent to that carport, of
course, was the added slab.
And just for visual effects, this is the slab that was added and, of
course, the carport for the boat to accommodate for the bimney deck
or the bimney top on the boat. So that's -- clearly we identified based
on the spot survey. The spot survey came in. It's upside down here,
but it was denied.
And I'm going to turn it that way so we can orient you in the right
direction. The spot survey was denied in July. Contractor was
notified that it didn't meet the setback requirements, and if they
wanted to keep the structure as constructed, they would have to apply
for a variance.
Also we noted that the structure was not built per plan, 9 foot. It
came in, I believe, at 12 foot, Bob; was that correct? Came in at 12
foot, and it was clearly indicated that it was not built as submitted.
It doesn't meet any of the engineering requirements. These
aluminum structures are normally pre-engineered under a master
permit, and they come in in a rather simple design, but they're
approved through a master permitting process, and they come in
through that process.
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March 24, 2009
So that's pretty much very succinctly. I can go through the code
if you want to note the code, but it clearly -- it's a corner lot, and it
requires two fronts and two sides.
COMMISSIONER COLETTA: The wind load and all that type
of stuff is determined by such things as FEMA and other agencies?
MR. SCHMITT: No, sir. That -- the wind load is the Florida
Building Code. It has to be designed to 140 miles an hour. It's
actually technically 139 miles an hour.
COMMISSIONER COLETTA: So we're required by a higher
authority to be able to have that in place?
MR. SCHMITT: Correct. That has to be designed and
constructed in order to meet the wind load unless it's engineered
specifically for that site, and we would have to have then separate
engineering to show that the structure could withstand the wind loads
for that part of the County, and that part of the County would be the
maximum wind load, 139, 140 miles an hour.
COMMISSIONER COLETTA: So to simplify it, it would
require an engineer coming in to be able to certify the structure as
being sound or being able to modify it to be able to meet that
particular code, and then the other part would be to come in for a
variance that would allow for the -- for it to go where it is.
MR. SCHMITT: That's correct. They would need a variance to
allow it to remain in -- where it's constructed now.
COMMISSIONER COLETTA: Okay.
MR. SCHMITT: It was clear the County indicated what the
setbacks were. Where required -- setbacks are required from the
property line and not from the street. The setbacks -- when that came
in, it was indicated that they met the setbacks. We don't go out and
actually physically check that on the ground. That's a requirement of
the spot survey. Had this been -- had the spot survey come in at the
required time, we would have noted that the slab was placed
incorrectly, and it would have been long before the structure was built.
Page 3 1
March 24, 2009
COMMISSIONER COLETTA: And so that covers the issue of
lack of communication, that part?
MR. SCHMITT: Right. And the lack of communication, we
certainly -- once the spot survey is denied, contractor is notified that
it's rejected and they have to provide corrective action. We also notify
by letter as well.
CHAIRMAN FIALA: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Motion to deny.
COMMISSIONER HALAS: Second.
COMMISSIONER COLETTA: Well-- deny what?
CHAIRMAN FIALA: Commissioner Coletta, go ahead, and
then Commissioner Henning.
Commissioner Henning?
COMMISSIONER HENNING: Can you put up that first piece
of paper, please?
MR. SCHMITT: I'm assuming you're asking for the permit,
right?
COMMISSIONER HENNING: No, it's a plat.
MR. SCHMITT: This?
COMMISSIONER HENNING: And that's definitely a corner
lot?
MR. SCHMITT: Yes, sir. It's listed as a corner lot. There's a --
and I'm not sure the name ofthe streets. There's a street here and
there's a street here, and that's listed as a corner lot.
COMMISSIONER HENNING: Okay.
CHAIRMAN FIALA: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yes. The reason I seconded this is
because what was brought before the County and then what was built
is two different animals. And we've had enough of this in this County,
and I don't feel that we need to go through a variance on this.
I think that the contractor is responsible for this action, whoever
the contractor is. If this is the gentleman, I'm sure that he should stand
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March 24, 2009
behind it and understand that there's rules and regulations and there's a
procedure that needs to be followed.
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yeah, just a point of order, if I
may. Mr. -- Jeff, tell me, why would we need a motion of denial
when there was never anything on here to be able to vote on? It
would have to almost come back for consideration at another meeting,
wouldn't it, to be able to vote denial? I mean, not that I wouldn't vote
denial because I think that we overstepped the bounds on this one, or
the applicant has, but it just seems like we -- why are we taking a vote
at all, is why I'm asking.
MR. KLA TZKOW: You don't need a vote. But what I'm getting
by my understanding of the motion is just they're denying the request
of the petitioner, that the board doesn't really want to move any further
on this issue.
COMMISSIONER COLETTA: Okay. So we're not violating
anything as far as advertising or --
MR. KLATZKOW: No, no, no, no, no.
COMMISSIONER COLETTA: Okay. Thank you.
MR. KLA TZKOW: And this has nothing to do with potential
variance either.
MR. SCHMITT: If I could point out, there is a standing code
case on this. The only option is to remove the structure or come in for
a variance, which they do have every right to come in and petition the
board for a variance if they go through the process, but that's where
we're at.
This would proceed to the Code Enforcement Board unless they
abate the violation, which is remove the structure, remove the slab, or
apply for a variance.
MS. DELANEY: Can I say one more thing, please?
CHAIRMAN FIALA: Okay.
MS. DELANEY: I still have not received a letter for violation. I
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March 24, 2009
have talked to a lady in the code violation, code department, Azure
Sorrels. She has got it on hold. I also would like to know -- I
understand this was '94, the property behind us. It is a corner lot, just
like ours. I still have no record of a code that says this is a corner lot
and these are the requirements. That is something I would like to see
in black and white.
CHAIRMAN FIALA: Well -- and that -- before you asked to
say something, that was my question. I was going to -- I was going to
say it troubles me that we've never responded to her, and that's
problematic in my view.
MR. SCHMITT: Ma'am, we have responded to her. I have a
letter here from the building director where we responded again by
letter on March 3rd.
And for clarification, this is an active construction project.
Normally we do not issue Notices of Violation from the code
enforcement department. If it's an active construction project, it's
simply a rejection and a notice to the contractor to correct the
rejection, which they have every right to do under an active permit.
So we will then close out the permit, then usually issue a Notice
of Violation. So procedurally, if it's an active permit, there is no
official notification of a violation until we close out the permit.
CHAIRMAN FIALA: Probably sometimes we have to be just a
little more understanding of a property owner who has never delved
through government before and maybe help them just a little bit --
MR. SCHMITT: Yes, ma'am.
CHAIRMAN FIALA: -- more rather than just send them
something like that. Maybe a little bit of guidance would have been
necessary .
MR. SCHMITT: Ma'am, if I could put on the record for
clarification, my building director has called, so has -- Ms. Alamar
Finnegan's called and talked to Ms. Delaney, and so has Evy Ebecca
(phonetic), my citizen liaison.
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March 24, 2009
CHAIRMAN FIALA: Okay.
MR. SCHMITT: They've all spoken and talked to her and
explained to her the process and explained the violation. And I think
it's somewhat disingenuous to represent that the staff didn't talk to her,
because we did.
CHAIRMAN FIALA: Okay. Thank you. I appreciate that. I'm
sorry. We're done now.
Commissioner Coyle, and then Commissioner Henning.
COMMISSIONER COYLE: Yeah. I think we need some
clarification on what the action is on public petitions. Public petitions
are originally designed to ask the Board of County Commissioners if
you would agree to put it on a future agenda for a regular hearing.
MR. OCHS: That's correct.
COMMISSIONER COYLE: Okay?
MR. SCHMITT: Correct.
COMMISSIONER COYLE: It is not to try to solve the problem
because we don't have all of the information available.
So our choices are, in the interest of saving time, either bring it
back for a future hearing, or you don't bring it back for a future
hearing.
So my motion is to deny request to have it heard. So it's
perfectly proper, and it would save us a lot of time in these
proceedings if we would -- would view public petitions in the way
they're supposed to be viewed rather than taking them as publicly
advertised land development hearings. It wastes a lot of time doing
that, and in most cases we don't even have all the information to make
the decision. So anyway.
CHAIRMAN FIALA: Thank you, Mr. Coyle -- or
Commissioner Coyle.
With that, I ask for the vote. All those in favor, signify by saying
aye.
COMMISSIONER COYLE: Aye.
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March 24, 2009
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Okay. I would suggest that you meet
with Mr. Schmitt or somebody -- maybe Mr. Dunn outside and talk
about a variance or to proceed -- how to proceed from there. Thank
you.
MS. DELANEY: Thank you.
Item #9A
RESOLUTION 2009-77: RE-APPOINTING TOM BRISCOE TO
THE HALDEMAN CREEK MAINTENANCE DREDGING
ADVISORY COMMITTEE - ADOPTED
MR. OCHS: Madam Chair, next item is 9A, appointment of
members to the Haldeman Creek Maintenance Dredging Advisory
Committee.
COMMISSIONER HENNING: Motion to approve committee's
recommendation.
CHAIRMAN FIALA: Second.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
Page 36
March 24, 2009
CHAIRMAN FIALA: That's Tom Briscoe.
Item #9B
RESOLUTION 2009-78: APPOINTING CARRIE E. WILLIAMS
(FULFILLING REMAINING TERM EXPIRING SEPTEMBER 23,
2012) TO IMMOKALEE BEAUTIFICATION MSTU ADVISORY
COMMITTEE - ADOPTED
MR. OCHS: 9B, appointment of member to the Immokalee
Beautification MSTU Advisory Committee.
COMMISSIONER COLETTA: Yeah. Motion to approve Carrie
Williams.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay. Motion and a second.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
Item #9C
RESOLUTION 2009-79: RE-APPOINTING WILFRED JAEGER
(WAIVING TERM LIMIT) AND JOHN T. WEBER TO THE
RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE-
ADOPTED
MR. OCHS: 9C is appointment of members to the Radio Road
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March 24, 2009
Beautification Advisory Committee.
COMMISSIONER HENNING: Motion to approve committee's
recommendations and waive Section B of Ordinance 2001-55.
CHAIRMAN FIALA: Do I hear a second?
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Second.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
Item #9D
RESOLUTION 2009-80: RE-APPOINTING CLAY W. CONE TO
THE EDUCATIONAL FACILITIES AUTHORITY - ADOPTED
MR.OCHS: Next item is appointment of member to the
Educational Facilities Authority.
COMMISSIONER HENNING: Motion to approve committee's
recommendations for Clay Cone.
CHAIRMAN FIALA: Second.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
Page 38
March 24, 2009
(No response.)
Item #10B
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS CONSIDER THE RECOMMENDATION BY
THE COLLIER COUNTY PRODUCTIVITY COMMITTEE TO
UTILIZE A TWO-YEAR A VERAGE TO CALCULATE THE
ANNUAL IMPACT FEE INDEXING, THE REQUIREMENTS
FOR WHICH ARE SET FORTH IN ARTICLE III, SPECIAL
REQUIREMENTS FOR SPECIFIC TYPES OF IMPACT FEES, OF
CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES SUCH THAT THIS CALCULATION
METHOD WILL UPDATE THE ADOPTED METHODOLOGY IN
THE APPROVED COLLIER COUNTY IMPACT FEE INDEXING
STUDY IN ORDER TO PROVIDE AN APPROACH FOR
INDEXING THAT IS MORE RESPONSIVE TO COST
FLUCTUATIONS; ALSO BASED ON THE REVIEW, THAT THE
BOARD OF COUNTY COMMISSIONERS PROVIDE
DIRECTION TO THE COUNTY ATTORNEY AND THE
COUNTY MANAGER, OR HIS DESIGNEE, ON PROCEEDING
WITH THE PREPARATION OF THE REQUIRED ORDINANCE
AMENDMENT TO IMPLEMENT THE CHANGE TO THE
INDEXING METHODOLOGY AND CORRESPONDING RATE
SCHEDULES, FOR GOVERNMENT BUILDINGS, LAW
ENFORCEMENT, DEPENDENT FIRE, EMERGENCY MEDICAL
SERVICES AND EDUCATIONAL FACILITIES IMPACT FEES,
FOR CONSIDERATION AT A FUTURE REGULAR MEETING
OF THE BOARD OF COUNTY COMMISSIONERS, AS AN
ADVERTISED PUBLIC HEARING - MOTION TO SUPPORT
THE PRODUCTIVITY COMMITTEE' S RECOMMENDATIONS
UTILIZING A TWO-YEAR AVERAGE CALCULATION AND
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March 24, 2009
FEE SCHEDULE - APPROVED (COMMISSIONER COLETTA
OPPOSED); MOTION TO FORWARD TO DSAC, DELAY FULL
UPDATE AND FOR STAFF TO BRING BACK
RECOMMENDATIONS IN DECEMBER, 2009 FOR FURTHER
GUIDANCE - APPROVED
MR. OCHS: Next item, ma'am, is Item lOB because Item lOA is
an 11 a.m. time certain, so we'll move to lOB. That is a
recommendation that the Board of County Commissioners consider
the recommendation by the Collier County Productivity Committee to
utilize a two-year average to calculate the annual impact fee indexing.
Amy Patterson, your impact fee and EDC manager, will present.
CHAIRMAN FIALA: Let me -- before you begin, Amy, excuse
me. Do we have any speakers on this subject?
MS. FILSON: What are we on, lOA?
MR. OCHS: lOB.
MS. FILSON: No.
CHAIRMAN FIALA: Okay, thank you.
MS. PATTERSON: Good morning. For the record, Amy
Patterson, Impact Fee and Economic Development Manager.
We'll be joined momentarily by Mr. Tindale from Tindale Oliver.
He's making his way up from the park area.
In the meantime I'm here on behalf of the Productivity
Committee bringing forward their recommendation. Oh, here comes
Mr. Tindale.
Just briefly, the board back in October directed staff to work with
the Productivity Committee and our impact fee consultant to review
the County's current indexing methodology and look for, perhaps, a
model that will be more sensitive to the local economic conditions.
We've gone through that. I've written in detail in the executive
summary the findings from Mr. Tindale and, in fact, he is here to
make a presentation if the board would like to see that, or we can go
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March 24, 2009
straight to questions if that would be better.
CHAIRMAN FIALA: Okay. We're going to go straight to
questions. Thank you.
Our first questioner is Commissioner Halas.
COMMISSIONER HALAS: I read the items that were put
before the agenda here. My question is that if we go on a two-year
averaging and then -- obviously this economic situation that we're in is
not going to last forever. So my concern is, when things turn around,
that the -- if there's a high amount of inflation, which there possibly
could be with the pushing out all the money out of Washington, then
obviously the upturn could even be more drastic; is that correct?
MS. PATTERSON: That is correct.
COMMISSIONER HALAS: So I hope that everybody realizes
that if we move in this manner, that -- then we -- if it changes around,
then, of course, everybody's going to want to go back to what we had
before.
So my concern is, if you want to go this direction and you want
to stay this course, then you have to also realize that when the upturn
happens, it may not be as beneficial as everybody believes it to be.
And I just want to make that very clear and put on the record.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. I just -- I'm reviewing
this thing and I'm thinking about what we're up against with the
economy, and my suggestion, and in fact I'll make a motion to that, is
that we just plain freeze impact fees for the next year.
CHAIRMAN FIALA: Okay. Do I hear a second to that motion?
Yes, Commissioner Henning?
COMMISSIONER HENNING: I would second it, but the issue
is that impact fees might even go down by the recommendations.
COMMISSIONER COLETTA: Let me clarify the motion. To
freeze the impact fees at current levels, leaving the option to lower
them when the opportunity presents itself.
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March 24, 2009
COMMISSIONER HENNING: Well, I'll second it for
discussion --
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: -- purposes and with Amy's
input on the motion. I would appreciate that.
CHAIRMAN FIALA: Okay. Amy, did you --
MS. PATTERSON: Well, I can -- if! could get some direction
on that motion at least. In front of us we have six impact fees that are
set to be indexed now. Whatever the board chooses to do with this
particular indexing, there's another issue, and that is that these six
impact fees now roll into their required three-year update.
The cost of those studies range from 40- to $70,000 or more per
study with the chance that some of these fees could stay the same,
maybe could go down a little bit, or could go up, depending on the
particular fee. So we were -- in conjunction with seeking direction on
the impact fee indexing, we also are seeking direction on moving
forward with the required '09 studies.
CHAIRMAN FIALA: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Let's address a couple of
issues here. Number one, if you freeze impacts fees at the current
levels, the current levels are based upon actual costs going back over
several years in the past. So that means that impact fees that are
currently being charged are higher than the current costs.
Now, we've always said that impact fees should be fair and they
should directly reflect the cost of getting the infrastructure built. It's a
very simple principle, and I think we should stay with that principle,
and going to a two-year average achieves that for the most part
because impact fees are going down now. Ifwe go to a two-year
moving average, then the impact fees are going to more closely track
the actual costs of construction, and we will be able to show a more
direct relationship.
As it is, the first -- first update or indexing using a two-year
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March 24, 2009
average is going to be using data from 2008 and 2007; is that not right,
Mr. Tindale?
And those are periods when, you know, prices were still
somewhat high. But next year it will show a decrease, I believe,
because you will be using data that is substantially less expensive.
So the purpose of doing this and the reason the Productivity
Committee has made the recommendation is because they've thought
it out, they understand what's necessary. And I would hate to see us
discard well-thought-out recommendations in favor of just a, you
know, well, let's-play-it-by-ear concept.
So I would encourage the commissioners to support the
Productivity Committee's recommendations of going to a two-year
average for both the indexing and the updates.
CHAIRMAN FIALA: Thank you, Commissioner Coyle.
Amy, I had a couple questions also. I don't know why your
button's -- so Commissioner Henning isn't on there, right?
COMMISSIONER COLETTA: Yeah, sure. He's got something
to say.
CHAIRMAN FIALA: You pushed his button.
COMMISSIONER COLETTA: Yeah, because I can read his
mind.
COMMISSIONER HENNING: He does it every meeting.
CHAIRMAN FIALA: I know he does.
Amy, just a fast question first, and that is on Page 4 of 39 in the
very last sentence, it says, as recommended by the consultant and
legal counsel in order to the accuracy of the calculation. And could
you tell me what the word is that's missing.
MS. PATTERSON: I have to figure out which -- I have a
different page numbers than you, I'm sorry.
CHAIRMAN FIALA: Oh, I'm sorry.
MS. PATTERSON: That's okay.
CHAIRMAN FIALA: It shows that -- let's see. The first --
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March 24, 2009
COMMISSIONER HENNING: Fourth, fourth page.
CHAIRMAN FIALA: Fourth page.
MS. PATTERSON: What page -- of the executive summary?
CHAIRMAN FIALA: Of the executive summary, yes.
MS. PATTERSON: Oh, I've got it. Okay, I'm sorry.
CHAIRMAN FIALA: In order to verify, possibly, the accuracy
of the calculation?
MS. PATTERSON: Yes. That would be a fine word to use
there. I'm sorry. There's just a word missing.
CHAIRMAN FIALA: Okay. I hated to read into -- my own
word into the words, but I --
MS. PATTERSON: Oh, verify would be a fine word to use.
CHAIRMAN FIALA: Okay, very good. Thank you.
MS. PATTERSON: Thank you.
CHAIRMAN FIALA: My second comment is, I, too, had the
same concerns as Commissioner Halas. This is -- you know, I agree
that I like the recommendation from the Productivity Committee. I
think it's fair, but as our -- as our -- as we recover from this economic
downturn, I also don't want to cripple the businesses by raising it too
much. So I would want to know -- I would want to be assured that we
can at some point in time give this back to the Productivity Committee
for a further recommendation as to maybe -- maybe reevaluating how
we're raising these things, because just --
Now, the 2 percent is good, and for those who might be
watching, one of the things about impact fees is it keeps your taxes
low, folks. That's because growth is paying for growth, and that way
we won't have to pass that growth figure on to our constituents. We--
it pays for itself up front.
And although the businesses don't really like paying for it up
front, they do enjoy the lower tax rate that then follows for all of them.
And one of the things we've learned in this project innovation is
that that's one of the things that draws our businesses to this area is our
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March 24, 2009
lower tax rate. So I just wanted to emphasize that.
So do you -- can this be reevaluated at some point in time?
MS. PATTERSON: Well, two things, if I can respond. As you
drew my attention to the missing word out of that, that word 15
percent change greater, that's up or down, is the first check that's in
place. If all of a sudden these averages started to escalate quickly or
de-escalate quickly, there is -- that 15 percent is the trigger point at
which we say, wait a minute, we need to go further with this
calculation and look at it in more detail.
But second of all, every year we go to the Productivity
Committee with the schedule of indexing. So they have a chance
every year to look at it, as does the Development Services Advisory
Committee.
So if next year things were to change dramatically either up or
down, the Productivity Committee will still be looking at this, as they
do every impact fee and every indexing.
CHAIRMAN FIALA: Okay.
MS. PATTERSON: So they will have another chance to see it,
and if they -- as they did with this one. That's what generated this
conversation was, I brought forward the first set of indexing numbers
to the Productivity Committee, and they said, wait. Let's see if we can
get the board to give us some more time to look at it.
CHAIRMAN FIALA: Thank you. I don't remember -- I don't
know which one pushed their button first, Coletta or Henning, which
COMMISSIONER HENNING: He was pushing my button.
COMMISSIONER COLETTA: I pushed his button. That's got
to count for something.
CHAIRMAN FIALA: Okay. So it's you then. You're first.
COMMISSIONER COLETTA: Actually, why don't I let
Commissioner Henning go first because I did impose upon him by
pushing his button.
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March 24, 2009
CHAIRMAN FIALA: I know that nobody knows what we're
talking about, but we have these little buttons up here that light up.
Commissioner Henning?
COMMISSIONER HENNING: Well, I wasn't going to say
anything except for -- well, actually I wasn't going to say anything,
but after reviewing staffs recommendations again, I think it's prudent,
I think it's going to get to Commissioner Coletta's concerns,
Commissioner Coyle's comments. So I'm going to remove my second,
and hopefully after the comments, that we can approve staffs
recommendations.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Okay. If! remember correctly,
in staffs recommendations they even mentioned about freezing impact
fees; am I correct? Wasn't there a reference in there?
MS. PATTERSON: Under the staff analysis, there was an option
where the board, if they liked the Productivity Committee's analysis
using the two-year, or Tindale Oliver's analysis using the two-year but
does not want to implement the increases -- because using this cycle
will generate an increase in six of the categories that --
COMMISSIONER COLETTA: But staff gave us several
options?
MS. PATTERSON: Right. That you could not -- you could put
the methodology in place but not implement the fee schedules and
suspend the full studies until November, at which time staff would
return to the board to re-evaluate the economic conditions and then
decide on a schedule to move forward with both indexing and full
studies.
COMMISSIONER COLETTA: And also, too -- we -- and one of
the -- I'm one of the biggest fans of the Productivity Committee. I
love their thinking. Wasn't their original recommendations to roll back
the rates to 2006 or -- was it or --
MS. PATTERSON: The Productivity Committee was looking at
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March 24, 2009
the transportation impact fee update, which was recently adopted, and
at the same time made a recommendation that all impact fees be rolled
back to the 2006 -- or the December 31, 2007, level, which is the --
the level immediately preceding the last indexing.
COMMISSIONER COLETTA: And we -- of course, they were
refused on that, and this is their second recommendation after the first
one, correct?
MS. PATTERSON: This is their recommendation related to a
similar issue. They made that recommendation in conjunction with
the transportation update, then they moved forward with this item.
COMMISSIONER COLETTA: Amy, one question. Ifwe were
to freeze the rates that we're at now, what would be the financial
impact considering what's taking place out there now? Any idea
between such and such and such and such, or no idea at all?
MS. PATTERSON: No, not really, because of the -- because of
the volatility of the permitting. Because we're so far down in
permitting activity that -- it's the revenue loss between the rates for
any permits that come in, but it's almost imposs- -- it's very difficult to
quantify what that dollar amount will be because of the volatility of
the permitting.
COMMISSIONER COLETTA: Well, but mainly -- based upon
what we know right now and the surplus that's out there of homes and
commercial buildings, there probably won't be a mad rush out there
for construction, regardless of what the impact fees are; am I wrong or
right?
MS. PATTERSON: We expect to see some increased activity
because of what's transpired with the transportation impact fees,
because those rates are going down slightly. And so we expect that
come June when those rates go into effect, that people that maybe
were waiting to build a home or things like that, or people that had
been planning to pull a permit --
COMMISSIONER COLETTA: Right.
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March 24, 2009
MS. PATTERSON: -- possibly may submit their permits at that
time. But a rush like we've seen in the past, likely not.
COMMISSIONER COLETTA: Right. So basically what you're
saying is the people that know that they're going to do something will
just hold off till that particular date, and it will give the appearance
that there's a small bump, when in reality we'll have a flat growth
period where nothing will happen until we reach that particular date?
MS. PATTERSON: Right. And this is--
COMMISSIONER COLETTA: I know. I still stand by my
motion even though it doesn't have a second.
CHAIRMAN FIALA: Okay. I had one other question, Amy--
I'm sorry I didn't ask it at that time -- and that is on Page 7 of the
executive summary, again, it says, total impact fees for a
2000-square-foot single-family home currently total 35,000 on water
and sewer service. It's just on -- 35,000 on water and sewer?
MS. PATTERSON: It's less -- what we were trying to clarify is
that homes in Golden Gate Estates don't pay County water and sewer,
and therefore their impact fees are slightly lower. They would not -- it
would be -- it would be in the 32-, 3l,000-ish range.
MR. OCHS: Those are all--
MS. PATTERSON: That's the total impact fees for a home.
CHAIRMAN FIALA: But it doesn't say total. It says, a total on
water and sewer. Oh, you mean with water and sewer--
MS. PATTERSON: With water and sewer.
CHAIRMAN FIALA: -- rather than on water and sewer.
MS. PATTERSON: With would proba- -- with would have been
a better word to use.
CHAIRMAN FIALA: Okay, fine. That clears it up for me
again. Thank you very much.
MS. PATTERSON: Sorry.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I think we need to view this
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March 24, 2009
particular recommendation within the context of all of the other things
we have done recently about impact fees.
You will recall that we have approved a time-payment plan for
impact fees, we rejected a change in a trip length calculation because
it was going to increasing impact fees, we extended the vesting of
developers who had prepaid impact fees, and we froze the impact fee
increase for a change in use of existing buildings which has a
tremendous -- tremendously positive impact for businessmen and
women who want to utilize existing vacant buildings for uses other
than what they might have been used for in the past.
So now what we're doing is making a decision to cause impact
fees to be more closely related to the actual costs of infrastructure.
Now, the only way we can make it perfect is update it every day, so--
we can't do that, so we're going with a two-year -- recommending a
two-year update because it is as convenient as we can get.
And yes, it will not result in an immediate reduction of impact
fees, but later this year it very well could, okay, and certainly next
year it will. So -- but when we take it into context with the entire
range of decisions that we've recently made concerning impact fees, it
is a very positive development and should provide some opportunities.
And now, let's take a look at what happens if we have another big
boom. Ifwe start going back up and everything's up -- impact fees
didn't stop anybody from building anything from the period of -- year
2000 to 2007. People were pre-selling everything that they got.
So the impact fees when times are good don't have any
depressive effect upon development in Collier County. That's a truth
that we know.
So I would encourage that we proceed with the Productivity
Committee's recommendations and get it approved and start thinking
about some more things we can do to --
COMMISSIONER HALAS: Is that a motion?
COMMISSIONER COYLE: That is a motion.
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March 24, 2009
COMMISSIONER HALAS: Then I'll second that motion--
CHAIRMAN FIALA: Okay.
COMMISSIONER HALAS: -- Productivity's recommendation.
CHAIRMAN FIALA: Okay. I have a motion on the floor to
accept and authorize the Productivity's recommendation. Do you want
to include in there this -- the cost, which is very expensive, by the
way, of 50- to $75,000?
COMMISSIONER COYLE: Well, no. I'm not authorizing that
cost at all. I'm hoping --
CHAIRMAN FIALA: We'll discuss that separately?
COMMISSIONER COYLE: Yeah, I would prefer to do that. I
would prefer to agree on a change in measurement -- a calculation of
impact fees from a linear regression concept to a two-year moving
average. Let's deal with it in steps, if you would like to do that.
CHAIRMAN FIALA: And that's your -- and that's your second?
COMMISSIONER HALAS: Yes, it is.
CHAIRMAN FIALA: Right, Commissioner Halas?
Okay. On that motion, do I hear--
MR. OCHS: Madam Chair?
CHAIRMAN FIALA: -- any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Okay. Opposed is Commissioner Coletta.
COMMISSIONER COYLE: Now, Amy has some other requests
for guidance that, perhaps, we should take action on now. If you
would go through those -- I mean, since I was in the mode of making a
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March 24, 2009
motion, I'm going to ask you to continue that, okay.
MS. PATTERSON: Right. So based on your motion, we'll
return with the ordinance amendment to implement changing from the
regression analysis to the two-year average and the corresponding
changes to the fee schedule. But also, as we detailed in the executive
summary, these six impact fees that were subject to -- that are subject
to this indexing now will roll into their required 2009 full update
studies.
The cost there is the 40- to 70- or, if we're talking about school
impact fees, more than that, per study, and we're seeking the board's
direction on whether or not you want us to proceed on this up-to-date
schedule or if you want to give direction that that update schedule be
delayed, or whatever the board's feeling is.
CHAIRMAN FIALA: Commissioner -- okay. Commissioner
Coyle?
COMMISSIONER COYLE: In order to try to react to your
request, I need to under- -- discuss something with the fellow
commissioners. There is an opportunity to save money here.
COMMISSIONER HALAS: Yes.
COMMISSIONER COYLE: But if we arbitrarily decide we're
not going to have an update, there could be people in the public who
would object to that. They might feel that we are unfairly burdening
someone with impact fees.
I would ask if it makes some sense to take this recommendation
and send it through DSAC to see what -- how they would react to
eliminating these updates and going with what we have now as far as
indexing is concerned, okay.
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: And ifDSAC then feels that it is
not discriminatory, then I would be inclined to support the staffs
suggestion.
CHAIRMAN FIALA: Commissioner Halas?
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March 24, 2009
COMMISSIONER HALAS: Yes. I just want to -- you're saying
that each of these studies could be anywheres from 40- to $100,000?
MS. PATTERSON: That's correct.
COMMISSIONER HALAS: Each of these studies?
MS. PATTERSON: Each of them.
COMMISSIONER HALAS: And you've got six of them.
MS. PATTERSON: Six of them.
COMMISSIONER HALAS: My feeling is, during these
economics times, that I feel that we should try to, as Commissioner
Coyle recommended, send this back to DSAC, and I think that we
need to maybe delay this for at least a year or two years till we find
out what the economic climate is. Maybe we can get guidance from
the County Attorney.
This is an awful lot of money, and I think that we need to see
what direction we really need to go in regards to this so that we don't
spend all this money. We've got other commitments that I think we
need to worry about at this time, like health, safety, and welfare, so --
chime in.
CHAIRMAN FIALA: And can I just ask a question before --
County Attorney wants -- I just wanted to know, when we do these
updates, do we give them all the information? Does our staff gather
together all the information that we then give to them?
MS. PATTERSON: We gather a lot of the information. We
work jointly with the consultant, except for the case of the schools.
The schools we have to rely on the school staff to collect the majority
of the data.
Now, we get data from outside sources like the property
appraiser, the tax collector, and other outside agencies.
CHAIRMAN FIALA: We take all of that upon ourselves, so --
MS. PATTERSON: There's a lot of staff responsibility involved
in working with the consultant.
CHAIRMAN FIALA: And all they have to do is put it into a
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computer, right?
MS. PATTERSON: No.
COMMISSIONER COYLE: Way more complicated.
CHAIRMAN FIALA: Okay, all right. That's what I wanted to
know.
Our County Attorney?
MR. KLATZKOW: The impact fees have to be based on real
data, and that data over a period of time gets stale. And the longer we
go without these studies, the more likely our impact fees get subject to
attack for not being based on reality. I don't really have an issue
delaying this one year, but to delay it several years, you're risking the
viab--- you're risking the viability of your impact fees because they're
no longer reflecting what's actually out there.
COMMISSIONER HALAS: I'm just looking for ways to try to
save money, and if it's going to be detrimental to our stand on impact
fees, then, of course, that's got to be taken in -- that's part of looking
into the whole process.
But like I said, I'm just making sure that we're doing due
diligence in regards to seeing what it's -- where we can save money
when we start addressing this upcoming budget cycle, and I would
hope that my fellow commissioners would also chime in on this.
MR. KLATZKOW: With the board's indulgence, if! could work
with staff, we can come back to the board and just flesh out the issue
for you.
CHAIRMAN FIALA: And possibly renegotiate to a figure that
is more acceptable?
MR. KLATZKOW: If you'd like us to, yes.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: So are you recommending to
work with DSAC and County staff to bring back recommendations on
when to update them?
MR. KLATZKOW: Yeah. I don't know that you need to update
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them now, but I'd like to look into this more.
COMMISSIONER HENNING: Okay.
MR. OCHS: Madam Chair, if I may.
CHAIRMAN FIALA: Yes, sir.
MR. OCHS: The staff report suggests that we delay the full
update that was scheduled for 2009, come back to the board in
December of this year for the -- an alternative proposal for schedules
for both moving forward on indexing and on full updates. So
essentially we're asking to defer for a year, and I think that is
consistent with what your County Attorney's recommending. We can
work with DSAC in the interim and come back with some
recommendations at the end of this calendar year.
COMMISSIONER COYLE: That would be my motion.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay. So your motion is, Commissioner
Coyle?
COMMISSIONER COYLE: To delay the full update and then
come back to us in December to ask for further guidance, and at that
point in time, we will decide what we do. But I still would like to get
DSAC's --
MR. OCHS: Yes, sir.
COMMISSIONER COYLE: -- input on that decision. But my
guidance to you -- I mean, my motion to you would be to certainly
proceed with that recommendation, coordinate with DSAC, come
back and report to us ifthere's any problem. Ifthere's no problem, go
ahead and defer it.
CHAIRMAN FIALA: I hear a second from Commissioner
Halas.
COMMISSIONER HALAS: That's for December.
COMMISSIONER COYLE: That's for December.
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Amy, this particular study
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we're looking at would be based upon real time, current costs?
MS. PATTERSON: The six that we would be -- the full studies
or the -- the six full studies would be a completely full update based
on current costs.
COMMISSIONER COLETTA: Okay. Current costs become
that they'd come off -- we'd most likely see a decrease in impact fees,
if that would be correct, right?
MS. PATTERSON: When you go into the full study, you're not
only looking at your costs, you're also looking at your credits, which
would be the -- any outside funding sources that come in against the
impact fee. That'd be ad valorem grants, anything like that. You're
also looking at your inventory.
So the things that could mitigate a decrease in impact fees would
be a reduction in credits -- that's going to be one of the issues with the
educational facilities impact fee because of their tax swap -- or things
-- other assets being added onto the inventory that might mitigate any
decreases caused by costs going down.
COMMISSIONER COLETTA: And I'm get the feeling that the
reason we want to delay this study is because we know that this study
will produce numbers that will substantiate a decrease in the impact
fees.
MS. PATTERSON: No.
COMMISSIONER COLETTA: That's not true?
MS. PATTERSON: No. Absolutely not. I think, if anything
else, that if we knew -- if we knew for certain that an impact fee was
going down, it would proceed immediately with a full study.
COMMISSIONER COLETTA: Okay, fine. I appreciate that.
CHAIRMAN FIALA: Thank you for clearing -- clarifying that,
Amy. I appreciate that.
We have a motion on the floor and a second. Any further
discussion?
(No response.)
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March 24, 2009
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Okay, that's a 5-0, and we're going to take
a ten-minute break right now.
Thank you.
(A brief recess was had.)
MR. OCHS: Ladies and gentlemen, please take your seats.
Madam Chair, you have a live mike.
CHAIRMAN FIALA: Thank you.
Item # IOC
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS CONSIDER THE FOLLOWING
INFORMATION REGARDING THE BOARD'S DISCUSSION OF
THE ENVIRONMENTAL ADVISORY COUNCIL (EAC)-
MOTION TO TERMINATE ALL EAC MEMBERS, HAVE THEM
RE-APPL Y AND RE-ADVERTISE FOR THE MEMBERSHIP
AND ALLOW CURRENT EAC MEMBERS TO REMAIN ON
THE BOARD UNTIL NEW (RE) APPOINTMENTS TO THE EAC
CAN BE ACCOMPLISHED - APPROVED
MR. OCHS: Next item on the agenda is Item 10C,
recommendation that the Board of County Commissioners consider
the following information regarding the board's discussion of the
Environmental Advisory Committee.
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March 24, 2009
Mr. Lorenz or Mr. Schmitt will present. Bill?
MR. LORENZ: Yes. For the record, Bill Lorenz, engineering
environmental services director. Pardon my throat. With everybody
else, I have a frog. I have my frog in my throat today.
I believe Joe Schmitt will probably want to provide the --
MR. SCHMITT: Yeah. I was going to --
MR. LORENZ: -- agenda item.
MR. SCHMITT: Sorry. Apologies. Again, for the record, Joe
Schmitt, Community Development Administrator.
Commissioners, we're here at your request from the February
24th Board of County Commissioner meeting. This item was asked to
be brought back for discussion. Basically we're here for your
discussion regarding whether to continue with the Environmental
Advisory Council. Commissioner Coletta discussed the issue about
redundancy in development reviews and process and asked that this
item be brought back under the County Manager's item, so we're here
basically to receive your direction.
So with that, any questions of me or Bill in regards to duties,
functions, responsibilities of the EAC, and any specifics in how they
deal with issues, we'll be glad to address; otherwise, it's -- we're here
to just simply get your direction.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Well, I think of environmental
review from citizens in the County with environmental expertise is a
good thing.
I guess it's -- this committee has been just an ongoing issue up
here on the Board of County Commissioners, and what is concerning
to me, just like our Planning Commission, we wouldn't accept
somebody who is a member of CBI, the building industry. Why
would we accept somebody who is a policy adviser to an
environmental group?
I mean, we want to do the right thing and not be dictated by an
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environmental -- one environmental organization. And, you know,
unless we straighten that out, it would be my preference just to
combine the EAC and the Planning Commission. But if we can
straighten things out on the makeup of the board, I think that'd be
more prudent with the citizens in Collier County.
CHAIRMAN FIALA: Commissioners, if you would indulge me,
I understand we have three speakers. Would you mind if I held all
comments until after the speakers? That's okay with everyone?
Okay. Sue, would you call our speakers, please.
MS. FILSON: Nancy Payton. She'll be followed by Judith
Hushon.
MS. PAYTON: Good morning. Nancy Payton representing the
Florida Wildlife Federation. The Federation has long recommended
that environmental reviews be included in the Planning Commission's
responsibility. We said that when the EAC was first appointed and it
had undue influence by the development community. They were de-
seated, and new folks were put on there in 2005. It was an issue.
The Federation, again, said that it was time to roll the EAC's
responsibility into the Planning Commission.
Natural resource considerations should be addressed when other
infrastructure issues are evaluated. It should be a holistic approach.
Having the environment discussed separate and distinct from all other
growth issues and needs diminishes nature's role in our community.
Some say that nature will lose ifthere is no EAC. I say it won't
lose. Probably no other County has as many professional and
dedicated environmental advocates as Collier County. There are a
number of organizations that have full-time staff work here, and there
is significant numbers of individuals who are involved.
I am confident that conservation advocates will continue to be
engaged, and some of us may participate more willingly because our
motivations and our integrity will not be unjustly questioned as they
were by Ms. Hushon on behalf of the EAC, and no EAC member
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came forward and said that was inappropriate to question the
motivations of Florida Wildlife Federation, Audubon and Defenders
of Wildlife because they were working collaboratively with others in
the community.
The Federation supports merging the EAC with the CCPC, and
we do not support one of the proposals that's been put forward to add
two seats to the Planning Commission that would be specifically
environmental, and that goes to our first statement about rolling in
those responsibilities into just one organization, Planning
Commission, and each one of those planning commissioners dealing
with the environment holistically.
I would back away from that a little bit if the EAC became more
professional and was less a bully pulpit for particular individuals and
organizations, so I remain open on that.
Thank you.
MS. FILSON: Judith Hushon. She'll be followed by William
Hughes.
MS. HUSHON: Judith Hushon. Good morning.
The EAC is staffed by volunteers who have responded to
requests by Collier County to assist BCC and County staff to decide
when -- often complex environmental issues. Most of us have
extensive environmental experience which we bring to bear on each
and every petition that we take up.
At the present time this expertise includes engineers, geologists,
chemists, as well as biologists, all of which are very important.
Together we've amassed a wealth of practical knowledge about
situations in Collier County over the years.
I wish to emphasize the following points. This is a volunteer
group. It takes two to eight hours to read the material, it then takes
several more hours to have the meetings each month, and this is all
volunteer, not paid time.
If the responsibilities of the EAC were delegated to the CCPC,
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the length of the CCPC meetings and member preparation time for the
meetings would go up. Often their twice monthly meetings last all
day, sometimes into the night, and this might mean that there would
have to be extensions added to the meetings, and their workload
would increase.
If the responsibilities of the EAC were eliminated altogether, the
BCC would be forced to make decisions regarding environmental
consistency issues without the benefit of recommendations of a highly
qualified and knowledgeable committee.
When land use petitions are reviewed we try to require
appropriate modifications to bring them into line with what we think is
good science. The level of the science in land use petitions has been
improving over the last two to three years largely because the
community is realizing what's being demanded of them. We are also
expanding our knowledge of Collier County.
The RLSA approvals this year did add extra workload, and we
understand that those activities required extra meetings and extra staff
time. That was an unusual situation that luckily comes up once every
seven years. So we won't have that happening again.
We feel strongly that the service we provide to the BCC is
valuable, and for this, we volunteer our time to perform it.
One change might be to require that all members of the EAC
have some relevant science or development background for them to
more quickly grasp the issues. We have some citizens who -- we have
some citizen requirements on the committee -- who don't necessarily
have to be scientists, and having all scientists would be a real boon to
us.
My recommendation is that BCC do nothing with regard to the
issue, allowing the status quo to continue.
And my comments to the EAC, or in terms of being open about
who had been practicing with whom and who had been writing
documents with whom, I thought that needed to be out on the table.
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It's just like the medical community does. If a doctor's been doing
research and been paid for by the drug companies, he has to disclose
that on the bottom of his papers.
MS. PAYTON: I'm not paid by anybody other than members,
Judith.
MS. HUSHON: Neither am I, so -- thank you.
MS. FILSON: William Hughes.
MR. HUGHES: Good morning, Commissioners, and thank you
for this time. I am the Chairman of the EAC.
As you know, it is a contention ceased (sic) to be sitting in, as
yours is yourself. I try to drive the ship as neutral and unbiased as
possible through all of these events; however, I agree with what Tom
said a moment ago, there are times when it does appear to be a little
lopsided as far as some possible motivation.
I personally prefer that we have no personal motivations, no
vested interest in any party, as I sit myself. As a result, I can speak
clearly to issues without any bias pertinent to economics, personal
gain, or anything else.
The next part. The EAC serves a function both to you, the
Planning Commission, and the citizens of Collier County to provide a
vent of information for the public to be absorbing what the issues are
currently. As we all know, we deal with very serious issues, as all
three boards do.
Again, I believe that discontinuing of the EAC would be a
disservice not only to yourself, the Planning Commission, but also the
people of Collier County, and the reason for that, as we all understand
in America in a free society, what it takes is open argument, open
discussion, without violence, so at the end of the day we can make
rational decisions looking at all points of view, especially when we're
looking at the primary resources that represent all of our future.
Therefore, an unbiased board, I agree, Tom, is an important part
to have, exactly, but also, as Judy pointed out -- and I hope I'm not
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breaking the Sunshine Law by speaking today at this event because
there are two of our members here at this event -- it also does require
technical expertise that is specialized.
Judy pointed out the range of quality people we've been fortunate
to have on our board, not only currently, but in the past. I, myself,
come to the board from a background of water chemistry, water
technology, and have served both at the local, national, and heavy
industrial levels in this country. I'm quite aware of the chemical issues
that face our water resources in this -- not only here in Collier County,
but here in the whole United States.
Things that people like me have had to say over the courses of
our career, as some of you as engineers, are not exactly popular.
That's not my problem. My problem is to put it before you, and that's
all there is to it.
I don't make the final -- the only thing I make a final decision on,
with my board -- and I get to sign the paper as right now Donna does
for your board -- is the EIS statement; otherwise, it's passed on to both
the Planning Commission and you. Want more?
CHAIRMAN FIALA: Thank you very much, Bill.
MR. HUGHES: All right.
MS. FILSON: That was your final speaker.
CHAIRMAN FIALA: Thank you. Now Commissioner Halas?
COMMISSIONER HALAS: Yes. I think that because of Collier
County and its uniqueness of where it's located, I believe that we need
to keep the EAC intact, but if we need to address some issues of
personality, maybe that's something that we need to address.
But the EAC is just another step in the governing process. And
when I said that Collier County is unique, it is the fact that we live --
most of us live on the coast, and within 30 minutes we can be in the
wilds of Collier County. And I believe that's probably what attracts an
awful lot of people to come here to this wonderful County is the fact
that the ambiance of not only the downtown area but the wilderness
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and protecting it.
There are steps being taken up in Tallahassee that really concern
me statewide, and that is the possibility of eliminating the DCA. And
I feel that our ECA (sic) is our own personal DCA and that we are
charged with making sure that we protect these lands and that we
make sure that there's a benefit here for everyone, whether it's the
development community, whether it's the people that live here
year-round, whether it's universities or whatever. But I believe that
it's -- as I said before, it's another step in the governing process.
Planning Commission does a great job, but they work very hard
and very diligently, and to put extra commitments onto them, I don't
think is fair. And I think that we have the right people, or we can get
the right people in regards to the ECA (sic).
Thank you.
CHAIRMAN FIALA: EAC.
COMMISSIONER HALAS: EAC, excuse me.
CHAIRMAN FIALA: Coletta, Commissioner Coletta?
COMMISSIONER COLETTA: Yes. And this came up for a
very good reason because we've had this -- we've had a discussion
before about the EAC and I'm -- I'm sorry. What's your question,
Commissioner Henning?
COMMISSIONER HENNING: Three times.
COMMISSIONER COLETTA: Three times, excuse me. And so
it's something that hasn't been self-correcting, we know that, but there
are options open to us, and one of them that we need to look at today
is the possibility of folding into the Planning Commission.
The Planning Commission is a very stable group that's been with
us for many years. Their expertise is enormous. And even on such
items as environmental, there's some people on there that have some
strong backgrounds in environmental.
No one would be eliminated from the process. We'd still be
looking for the input of our expertise from our citizens on a regular
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basis.
And today we have Mark Strain here from the Planning
Commission who's their chair, and he's here on a different matter to do
a report to us, his biannual report where the Planning Commission is.
And with your permission, I'd like to call him up and ask him just a
couple of questions so that I can better understand this, too.
With your permission, Chair?
CHAIRMAN FIALA: Sure.
COMMISSIONER COLETTA: Oh, thank you.
Mr. Strain, I'm sure you've been following the discussions today.
The Planning Commission serves Collier County greatly in what they
do. They have streamlined the process of government, they've given
exposure to the public in ways that's never been seen before, and I
commend you in your leadership to bringing us to that point.
Now we're at a crossroads where we might possibly be looking at
putting even more duties upon the Planning Commission, and that
would be to also look at the environmental issues in greater depth than
you have in the past.
Do you see this in some way being a conflict with your mission
statement?
MR. STRAIN: I don't see it as a conflict. Collier County -- the
Collier County Planning Commission reviews all the codes and all the
ordinances, and those include the environmental.
We routinely review environmental issues, and I think just as
clearly as any other board here in the County. So it's basically -- I
thought the issue with the EAC was more of a cost factor involving
production of the data, the attendance and the experts, the processing
and the timing.
From that perspective, the Planning Commission oversees and
does all the same environmental work right now. We do do it. I
disagree that it would take us longer. Our meetings run till -- if we
have a full agenda, which we rarely have -- we cut off usually at five
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unless we can finish by six.
The evening meetings are usually LDC amendments or items
similar to that. Like we had an RLSA meeting that was late. But I
think that we do a thorough job in reviewing the environmental as
well. And there's nothing wrong with that duplication, but it is
covered by us as well.
One thing I didn't hear about in the paper today was a
recommendation that if this were to happen that 11 members be
looked at for the Planning Commission. Please, please don't do that. I
mean, you all are five, and that's fine. We're nine, and that's gets
pretty big as it is, and any more would just be a very difficult chore.
COMMISSIONER COLETTA: Well, if we did do this,
Commissioner Strain, would we be able to structure the Planning
Commission so that we'd able to bring on other expertise that may be
not existing now? I mean, as time went along through attrition, when
new members are brought aboard, maybe -- every commissioner has
two choices for the Planning Commission. Possibly one of those
choices might have to have an environmental background.
In my case I got both my commissioners, both my choices have
strong environmental backgrounds, and I'll stand by them every day.
Yours is more on the law side of it, and Paul Midney's is a hands-on
type situation. But do you see maybe a requirement like that, is
making it a little more user friendly for the environmental
community?
MR. STRAIN: That would be a good suggestion, and I don't
think it would change the dynamics of the Planning Commission,
because I believe that -- and you used Paul as a good example, and
Donna Caron and the others on the board that are very concerned
about the environment. They carry that flag pretty strongly in the
Planning Commission analysis at every issue that comes forward.
So, I mean, I don't see that being an issue, and I would highly
recommend those commission districts that have two nominees, one of
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those could have a preference in the resumes in regards to activities
environmentally. That might be a solution to that problem.
COMMISSIONER COLETTA: Thank you, Mr. Strain.
MR. STRAIN: Thank you.
COMMISSIONER COLETTA: Is there any other questions of
Mr. Strain? Because I do have other comments.
CHAIRMAN FIALA: Any other?
(No response.)
CHAIRMAN FIALA: Okay, none.
COMMISSIONER COLETTA: Okay. Thank you, Mr. Strain.
COMMISSIONER STRAIN: Thank you.
COMMISSIONER COLETTA: Well, what I would suggest is
that we look at this thing objectively. You know, we've had it three
times before us, we haven't been able to correct what is going wrong.
It's -- obviously there is a lot of our citizens who are very unhappy
with what the EAC has been doing.
What we may want to do is reconsider several different options.
One, we could go ahead and just say, okay, the present setup for the
EAC as is; all of them have to turn in their resignations and resubmit
and advertise to see if we can get a more diverse type of membership
that might be a little bit more congenial with the rest of the
community.
The other thing would be is to turn it over to the Planning
Commission with the understanding that we recognize certain
environmental expertise by some of the members that are there, and as
time goes along, build it into their makeup so that they have the -- a
little bit more of a diverse background than exists today. That would
be another idea.
And I do believe that if we look at this thing -- when we -- if we
do go forward with it, we could also build it into our LDC so it's
open-ended. We recognize the Planning Commission as being --
taking the function over; however, we could also build it in that if we
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found a need to be able to reinstate the Environmental Advisory
Council, we could so do it so that we wouldn't have to go through a
long and arduous process.
Okay. And Jeff all of a sudden got excited because this
particular item's never been run by him before.
MR. KLATZKOW: Well, on the Consent Agenda, the board
approved moving the EAC and the Planning Commission ordinances
and a few other ordinances out of the Land Development Code into
the Code of Law and Ordinances.
COMMISSIONER COLETTA: Okay.
MR. KLATZKOW: So if you want to make that change down
the road, we can do that relatively quickly now.
COMMISSIONER COLETTA: Okay, fine. Then I -- that
suggestion would be able to be picked up at some future time.
In other words, if the Planning Commission ever became
overburdened by what's there, that we thought that the product they
were producing was less than satisfactory, we could always go back to
the original format we had and maybe take a little more caution in
who we selected to serve on the board.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: One of the things that troubles me
the most, I guess, is the perception that there might be some conflict of
interest for people who serve on the EAC.
Mr. Klatzkow, what is your perception of this perceived
problem?
MR. KLATZKOW: Well, the fact that we've been talking about
it now -- this is the third or fourth time -- is troubling to me. I don't
believe there is anything untoward going on with the EAC, but if
people perceive that there is, it's almost just as bad because people
started losing their faith in government at that point in time.
I think you heard one of the young fellows here saying that he
thought local government was bad and just in it for themselves, and
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that's not a common -- that's a fairly common perception out there, and
that's a perception we can't have.
I mean, if people don't have confidence in their government, it
doesn't matter how good we are or how true we are. It's a problem.
COMMISSIONER COYLE: Ifwe try to consolidate the
necessary skills into the Planning Commission over time, how do we
guard against that same perception in the future?
MR. KLATZKOW: I think what you do is when we have the
nominees come forward to you on the Item 9's, that Sue could say that
this prospective applicant is also a member of this group for a current
member, and that would alert you to the issue. So we can do that
fairly easily.
COMMISSIONER COYLE: Okay. All right. Thank you.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: I'm concerned if it's -- if this
particular advisory committee is eliminated, is the wrath of this
particular committee because of the development community, or is it
because of the -- all citizens of Collier County that do not feel that the
EAC is doing a -- a good justice? Have you heard?
MR. KLATZKOW: Commissioner, all I can tell you is what I
read in the newspaper and what I hear --
COMMISSIONER HALAS: Oh, I hear a lot of things in the
newspaper about the Board of County Commissioners, and I'm not --
MR. KLATZKOW: Well, some of it's true.
COMMISSIONER COYLE: Not much of it.
COMMISSIONER HALAS: Not very much. So is it because
we have to change the complexion ofthat board? I listened to what
the chairman has to say, and I believe that this individual is very
dedicated, and he's got a great background.
And I'm just concerned about losing one process of governing
which makes this country so great. And if -- I haven't heard that many
complaints myself, so I'm trying to get a handle on what's really taking
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place here. Is it something that's really taking place, or a lot of this, is
it just hearsay?
MR. KLATZKOW: I don't think it's hearsay.
COMMISSIONER HALAS: Okay. Do you have -- is there
documentation on it?
MR. KLATZKOW: Commissioner, all I can tell you is when
you sit in on those meetings, sometimes there are issues that are
delved into that really probably shouldn't be delved into.
COMMISSIONER HALAS: Okay. Is that because -- that the
leadership is not staying focused on that particular subject? Is that
what the -- what the concern is?
MR. KLATZKOW: No. I'm not going to criticize the Chairman
of the EAC.
COMMISSIONER HALAS: I'm not here to criticize anybody.
I'm just trying to figure out what's broke and how it can be fixed. If
they're getting off of the subject matter, then there has to be someone
from either -- either the Chairperson or somebody that helps facilitate
the meeting staying -- to tell them that you've got to stay on course,
that you're getting off of what you're supposed to really be addressing.
MR. KLATZKOW: My observations, and they're personal
observations of the EAC, is that there are people with very strong
beliefs on that EAC and that they're sometimes, rather than analyzing
the issue before them, they go beyond that. That's a personal
observation.
COMMISSIONER HALAS: Okay. So is those the people that
maybe should be asked to step down and have somebody that has a
more open mind and not focused on a closed area?
MR. KLATZKOW: That's your decision, sir.
COMMISSIONER HALAS: Well, I think that's the direction we
should go. Because I'd hate to see that we eliminate one of our boards
because of the fact that I'm concerned of what's happening statewide,
and I think that Collier County is very unique in the sense that we
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need to address all issues, especially the environmental issues.
And if there's somebody there that has an axe to grind on things,
then those people should be asked to be removed or to resign and that
we get people there with an open mind that don't -- aren't on a
particular venue in regards to what they're trying to address.
MR. KLATZKOW: Sir, one approach would be to staff the
board. And if you're happy with the board after that, the issue goes
away. And if you're still unhappy--
COMMISSIONER HALAS: I think that's what needs to be
done.
MR. KLA TZKOW: -- with the board --
COMMISSIONER HALAS: Ifit doesn't, then we get rid of it.
But I think that it needs to -- the process needs to be in place to make
sure that we protect -- that everybody has a say in regards to
environmental issues.
MR. KLATZKOW: That's one impression.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. Once again, we're here
not because we received a single complaint. We're here because this
is the third or fourth time this issue's come before this commission.
There's obviously community concern. I can think of no other
advisory group out there where we have continuous disagreement with
the community over their function and their purpose and how they're
running it.
But, however, with that said, I'm getting the feeling from my
commissioners that they're very reluctant to cave this organization in
and fold it into the Planning Commission so, therefore, my
recommendation, and I'm going to make a motion, that what we do is
we -- I'm sorry, Commissioner Henning. I see a signal from you.
COMMISSIONER HENNING: I want to help you.
COMMISSIONER COLETTA: Well, I appreciate you wanting
to help, but let me go ahead, and you can come in and put the polish
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on it, sir. I hope it's polish we're putting on it.
But what I'm going to make a motion that we do is that we -- we
terminate all members in the advisory committee and ask them to
resubmit their applications for consideration and put it out for
advertising; meanwhile, allow them to continue while we go through
this process for however meetings (sic) it takes to be able to get new
applications in to be able to evaluate what it is, and re-staff this
committee with people that we feel comfortable, because there's some
people on that that could be a great asset to this community and have
proven to be in the past.
So I heard the expression, why throw the baby out with the bath
water? And I'm sure Commissioner Henning will put polish on that,
too.
But what I'd like to do is put that forward to you in the form of a
motion for your consideration, that we cease the -- we cease the
membership at a point in the future, be it a month or so, whatever it
takes to be able to advertise, take everybody that's on it that wants to
resubmit applications, along with other people from the public, and
create an agency in there that might be a little more user friendly for
the public.
Okay. Commissioner Henning, it's to you.
COMMISSIONER HENNING: I think your suggestion is very
worthy, but I would like to try something first before we do that, or
either, you know, taking the EAC and the Planning Commission and
putting them together -- is direct the chairperson to write a letter to the
EAC, and in the letter, that we ask the EAC to review the applications
per the board's code, GMP, Land Development Code, and also that
members disavow themselves from organizations because of the
perception of -- I wouldn't say it's a conflict, just general perception,
because it's not a conflict. We want recommendations under our rules
and not somebody else's rules.
That would be my suggestion. And then if that doesn't work, I'll
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be willing to even bring it back up, Commissioner Coletta, to take
both of the committees and -- the EAC.
COMMISSIONER COLETTA: May I respond?
COMMISSIONER HENNING: Yeah.
COMMISSIONER COLETTA: Thank you. I hear what you're
saying, but here's the problem with it. I don't want to eliminate
anyone from a committee because of their membership in some other
group. When I'm looking at your resume, I want to be able to consider
every fact that's on it. But to say if you're a member of the
Conservancy, you can't belong to the Environmental Advisory Group
or if you're a member of the Chamber, you can't belong to the
Productivity Committee, that doesn't wash. That's -- I think that's
taking away a person's constitutional rights to be able to be involved
in other ways in the community. So I have a -- I have a little trouble
with the polish you put on it.
COMMISSIONER HENNING: It's not polish.
COMMISSIONER COLETTA: I know. I'm just trying to be
super polite. And how am I doing?
CHAIRMAN FIALA: Okay. So you still have a motion on the
floor.
COMMISSIONER COLETTA: I have a motion on the floor, but
I'd love to hear discussion on it.
CHAIRMAN FIALA: Okay. Commissioner Coyle? He wants to
discuss.
COMMISSIONER COYLE: Well, I'll second the motion for
discussion purposes.
COMMISSIONER COLETTA: Thank you, sir.
COMMISSIONER COYLE: And this, to me, is a very, very
difficult issue to resolve. Weare faced on this board with these kinds
of issues all the time, and that's why I believe all of us tend to avoid
membership in organizations that are likely to come before the board
for various decisions. We're very, very careful about this.
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And it is troublesome, at least from the standpoint of what some
people have said, about the fact that there might be people on the EAC
who belong to an organization, and under those circumstances, there's
probably no way you can eliminate a public perception of conflict of
interest.
So it's not going to work just to ask people to disavow their
relationships with these organizations because that is a requirement of
the Sunshine Law. So if people haven't disavowed their relationships
through these associations, they might very well be in violation of the
Sunshine Law, at least it might be perceived that way.
So I think the only way you solve that problem is to start from
scratch with applicants, as Commissioner Coletta has suggested, and
then we try to do the best job we can to select people who are not
likely to be suspected of having a hidden agenda. And we'll just have
to use our judgment and hope we make the right decisions.
But I think there is absolutely no doubt that there are people,
members of the public, who believe that there are individuals on the
EAC who have an agenda and they're working together to get that
agenda done.
I'm not saying it's happening. I'm saying there's a perception.
And I think as we have all said from time to time, perception can be
just as damaging as fact, and we have to deal with that issue
somewhat. And I -- for that reason, I would support Commissioner
Coletta's motion.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Could the motion maker or maybe
the court reporter restate the motion so I got a clear -- it's clear in my
mind what we're going to be voting on?
COMMISSIONER COLETTA: Oh, I tell you what, we have a
County Attorney that could put it in words that would probably be
legally binding, and I'll see if I agree with his interpretation.
COMMISSIONER COYLE: And none of us would understand
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it.
COMMISSIONER COLETTA: That's true, but that's hard to do.
MR. KLATZKOW: My understanding of the motion is that
you're going to be asking for the board to resign, that during the
interim time between the resignations and the day you can reconstitute
the board, the EAC will continue with its present membership.
COMMISSIONER COLETTA: Correct. And that we would --
go ahead, Sue.
MS. FILSON: It will take approximately two months. Andjust
so that you know, I have applications in the process right now for
appointment, so I can hold those until I advertise for the full
membership.
COMMISSIONER COLETTA: Right.
COMMISSIONER HALAS: And the people that resign, they
have the ability to put their name back in the hopper again; is that
correct?
COMMISSIONER COLETTA: That's correct.
MS. FILSON: Are you -- do you want me to wait until everyone
contacts me with the resignation letter or to go ahead and advertise?
COMMISSIONER COLETTA: I would go ahead and advertise.
And how can we legally get around this? Do we have to have
resignations? I don't think we need to.
MR. KLATZKOW: You don't have to. We could just deem
them removed effective --
COMMISSIONER COLETTA: I think that would be the
cleanest way, rather than have to wait for a formal letter to come in
from each and every person and -- you know, with the idea that they
can reapply.
Commissioner Coyle's got the --
COMMISSIONER COYLE: Could I try to clarify something on
that, if you don't mind.
Can we wait until, the removal, until we've got the advertisement
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done and we're ready to make appointments? Then we can -- we can
ask those people who are being removed to submit their applications
during the advertising period, but they will still function as the EAC
until we make the necessary appointment. That gets at what your
objective is.
COMMISSIONER COLETTA: So 100 percent of the people
would be removed?
COMMISSIONER COYLE: Would be considered.
COMMISSIONER COLETTA: Yes, and then reconsidered.
COMMISSIONER COYLE: Yeah. Here's the way I would
anticipate it would work is you advertise. You've got some
applications now, and you would get applications from those people
who are currently on the EAC who would wish to continue serving.
So you get all of those advertisements together, then we would take a
look at those advertisements, select the people we want to be on the
EAC, we would then make a decision concurrently with a motion to
remove the members of the EAC and appoint the new people we've
got. That way there's no gap in service.
COMMISSIONER HALAS: Yeah. That's what I'm concerned
about is the gap or the validity of that group, because if we say we just
want you to resign, then they really don't have any -- they really don't
have any clout or any responsibility.
MR. KLATZKOW: What you're really saying is more direction
than a motion. The direction -- direction now to Sue is advertise,
okay. We'll take the applications from the current members, and then
we'll bring this back to the board at a future date, and at that point in
time you will decide who's on and who's not on.
COMMISSIONER HALAS: That sounds fair.
COMMISSIONER COLETTA: That's putting it in simple terms.
MS. FILSON: Can I just ask one clarifying question?
COMMISSIONER COLETTA: Yes, ma'am.
MS. FILSON: Do you want me to include all the current
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March 24, 2009
members' applications without them reapplying?
COMMISSIONER COLETTA: No, no. They would have to
actually submit them.
COMMISSIONER COYLE: They've got to be updated. Got to
be current.
COMMISSIONER COLETTA: Right.
CHAIRMAN FIALA: Okay. Everybody understands the
motion?
COMMISSIONER HALAS: Yes.
CHAIRMAN FIALA: Okay. No other -- no further comments?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: That is a 5-0.
MR. OCHS: Madam Chair, that takes--
CHAIRMAN FIALA: We have an 11 o'clock time certain, don't
we?
Item #10A
TO REVIEW THE WRITTEN AND ORAL REPORTS OF THE
ADVISORY BOARDS AND COMMITTEES SCHEDULED FOR
REVIEW IN 2009 IN ACCORDANCE WITH ORDINANCE NO.
2001-55; COMMITTEES INCLUDE: OCHOPEE FIRE CONTROL
DISTRICT COMMITTEE; COLLIER COUNTY PLANNING
COMMISSION; GOLDEN GATE ESTATES LAND TRUST
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March 24, 2009
ADVISORY COMMITTEE AND COLLIER COUNTY COASTAL
ADVISORY COMMITTEE - MOTION TO APPROVE ALL
REPORTS IN MASS, AMENDING ORDINANCE TO ABOLISH
ORAL REPORTS BY COMMITTEES - APPROVED
(COMMISSIONER FIALA AND COMMISSIONER HALAS
OPPOSED)
MR. OCHS: Yes, ma'am. That takes us to lOA, which is your
11 o'clock time certain, an item to review the written and oral reports
of the advisory boards and committees scheduled for review in 2009
in accordance with ordinance number 2001-55.
Mike Sheffield, Assistant to the County Manager, will present.
MR. SHEFFIELD: Good morning. Your advisory committees
are up for review every four years in rotating schedule in accordance
with ordinance 2001-55. These reviews allow you, the board, the
opportunity to determine whether to abolish, continue, consolidate,
modify, your advisory committees.
Today you will be reviewing the Ochopee Fire Control District
Committee, the Collier County Planning Commission, the Golden
Gate Estates Land Trust Advisory Committee, and the Collier County
Coastal Advisory Committee.
After each presentation, it is requested that you make a
recommendation to either accept the committee's report as presented
or to propose any changes that you would like to see happen with that
committee.
And if there are no questions at this point, we'll begin.
COMMISSIONER COLETTA: Just a -- I'm going to go forward
and try this. We're familiar with every one of these committees. I
mean, if you ever wanted to lump a bunch of committees together that
have served a wonderful public, it's this group of people. And unless
my fellow commissioners need to hear a report from each one of them
-- we received those reports on a regular basis -- I would make a
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motion that we approve them all en masse.
COMMISSIONER COYLE: I'll second that.
CHAIRMAN FIALA: Okay. I have--
COMMISSIONER HALAS: I have a question.
CHAIRMAN FIALA: And I do, too. So Commissioner Coletta
has made a motion to approve them all en masse, Commissioner
Coyle has seconded that motion. Commissioner Halas has a question,
and so does Commissioner Fiala.
COMMISSIONER HALAS: My question is, I was surprised that
the Chairman of the Planning Committee -- Commission didn't write a
written statement when everybody else did. And it's my
understanding that he was presented with what could be a written
statement and didn't submit it.
So that just -- that was the only question I have. It concerned me
because everyone else that is on these committees spends time to sit
down and write a formal presentation so that we, as the commission,
can sit down and review them prior to being here and convening as a
board.
COMMISSIONER COLETTA: If I can make a statement?
MR. SHEFFIELD: Then if I may add --
CHAIRMAN FIALA: Commissioner Strain, would you like to
respond to that? I'm sorry I'm putting you aside.
MR. STRAIN: Yes, I would, thank you. In fact, I didn't know
that the application or the report hadn't been submitted until
Commissioner Fiala told me during the break, and that I was supposed
to make a presentation, which I hadn't prepared one to make.
Second of all, the committees don't prepare these reports, at least
the one that was presented to me. It was sent to me by email. It was a
statistical report telling you what we did, which is what you already
know. We report -- everything we do goes to your board. We're
televised, we're court reported. It's very clear what we do.
I have -- when -- the first time this report came to me I read it,
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and I said, well, what is this for? It's just redundant. Why are we
wasting our time with this?
And after about two or three back and forths, I was told, this is
what everybody does, we've got to do it. And then I got an email, I
think, from Mike later on that says, all you have to do is get up and
just say you agree with the report, thank you, goodbye, or something
to that effect.
You know, this is just government redundancy. I was a little bit
taken back by it, but in the end, I emailed Ray Bellows, who had
originally sent it to me, and said, Ray, go ahead, if that's what you do,
just do it. I haven't got time because we were working on the RLSA at
the time, and I really didn't have a need to change a report that seemed
to be a boilerplate report that was submitted, apparently, by all the
groups, so --
CHAIRMAN FIALA: Mark, let me tell you what it is here in our
book. It says -- and I'm sorry I didn't get a chance to tell you this
before. But it says the Chairman of the Collier County Planning
Commission, Mark Strain, did not submit a written report; however,
he will be present at the BCC chambers on 3/24 to present an oral
report.
MR. STRAIN: Well, most of that is true. I did not submit a
written report. The staff gave me one and said, this is what they
normally submit. There was a location that I saw on it for a signature.
As far as to be here, I was told we had to be here to acknowledge
the report, which is what I came to do. And as far as an oral report, I'd
be glad -- and I mentioned to Mike, I could take about an hour and
explain to you in detail many of the things that we do, and I don't
mind doing that either. So whatever's at your pleasure, I will certainly
move forward with.
CHAIRMAN FIALA: Commissioner Halas, any further
comments?
COMMISSIONER HALAS: Well, I would like -- no. I just -- if
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there was something in the boilerplate that you didn't like, you could
have changed it. I know that you are very good at writing, so I would
MR. STRAIN: Well, thank you, Commissioner.
COMMISSIONER HALAS: So I would hope that, you know,
that, next time when it comes up, if you're still the chair, that you
would submit a report. I like to read what you write.
MR. STRAIN: Thank you. And I -- again, if I could have -- I
didn't know that this option was available. If you want a written
report on what the Planning Commission does, it wouldn't have been
-- to telling you things you already know.
You get our reports. We're the -- you're the one board that I think
-- you're the only ones we respond to. We give you everything. Every
move we make, you guys see it in some kind of executive summary.
I would have told you about the new PUD format that we worked
collaboratively with staff to get done and that I think is going to
streamline and make the process more efficient as we go down the
road, the consent agenda process we put into play to make sure we
don't have any more Stevie Tomato's popping up because something
getting transmitted right (sic).
COMMISSIONER HALAS: That would have been nice in that
report.
MR. STRAIN: Well, see, and that's why -- I just read the
boilerplate. I had no idea I could go into all of these, so --
COMMISSIONER HALAS: You can change that. You've got --
that's your option.
MR. STRAIN: Well, here I am. I mean, we're working on a
couple of new things. We were asked to rewrite the PUD and the
rezone findings. If you looked at those questions with the paragraphs
after them, they are boilerplate government bureaucratic monotone.
So we're looking at -- let's look at questions more relevant that can be
answered and were individually responded to.
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March 24,2009
We're also working with staff trying to find solutions to some of
the problems in MUNI code. If you go online right now, since 2007,
MUNI Code hasn't been updated. You have people in this County that
don't know what the current code is because they can't get to it. Those
are the kind of things we're working on, and that is not in your report.
And if you want a presentation, I guess that's it. That's my story, and
I'm sticking to it.
(Applause.)
CHAIRMAN FIALA: Maybe, if you might -- if you get a
chance -- and I realize how busy you are trying to volunteer full time
as well as work full time and still respond to us -- if you get a chance
to write some of those things out, even though it won't be on the
record today, I think we're all interested in knowing what you're --
what you're proceeding with and the new things that you're presenting
to staff to then present to us. I think we'd all be interested.
MR. STRAIN: Good. I will do that. Thank you very much.
Appreciate it.
CHAIRMAN FIALA: Thank you so much. I have
Commissioner Henning and Commissioner Henning on base, and then
Commissioner Fiala.
COMMISSIONER HENNING: There's only one committee on
here that's referenced in the Florida Statutes, and that is the Planning
Commission. It is a -- actually a requirement and an encouragement,
the way I read it, for local government, local counties, to have a
Planning Commission to make recommendations on our Growth
Management Plan.
The only question that I have -- and I appreciate Commissioner
Coletta moving this forward. The only question I have -- and it's just a
legal question, reading the summary. On the CAC we have a member
that's running for City Council, and I'm not -- I would just ask you to
look into that, please.
MR. KLATZKOW: Will do.
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March 24, 2009
CHAIRMAN FIALA: Then I'm going to jump in even before
Commissioner Coyle. Also on the CAC, it says they have a vacancy
currently, and I was wondering, have we tried to fill that and have we
advertised that?
MS. FILSON: For which committee was that, ma'am?
CHAIRMAN FIALA: For the Coastal Advisory Committee.
MS. FILSON: Yeah. Sometimes I have to advertise three or
four times before I actually get applicants. I have a three-page press
release out now and another single-page press release out.
CHAIRMAN FIALA: Okay. That includes--
MS. FILSON: For those committees, yes.
CHAIRMAN FIALA: Okay, fine. Because the County is the
only one that doesn't have full representation on there.
MS. FILSON: Oh, the Coastal Advisory Committee?
CHAIRMAN FIALA: Yes, ma'am.
MS. FILSON: I think that Naples City Council and Marco have
applicants that they need to appoint, in addition to --
CHAIRMAN FIALA: But they're already represented by three.
Marco and Naples are represented by three. Collier County only has
two, Tony Pires and Jim Burke, and we need --
MS. FILSON: Which I'm advertising for that, but one from
Marco and one from the City of Naples is also expiring, and I've sent
letters to both of those cities.
CHAIRMAN FIALA: Okay, thank you.
Okay, Commissioner Coyle, I'm sorry to interrupt.
COMMISSIONER COYLE: You know, I find this discussion
very interesting and enlightening. And in retrospect, I have to admit,
this is a waste of time. It really is a waste of time. How many people
have come here and said, I think you ought to abolish my committee?
Have we ever had anybody say that?
MR. SHEFFIELD: Not that I know of.
COMMISSIONER COYLE: No, I don't either. So why don't we
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March 24, 2009
manage by exception and deal with the committees where we've got
problems rather than forcing everybody to come in and tell us, hey, is
the committee serving the purpose for which it was created?
COMMISSIONER COLETTA: I'll make that part of my motion.
CHAIRMAN FIALA: Who's going to say no, right?
COMMISSIONER COYLE: Yeah. Who's going to say no to
that? I mean, it's a waste of time. So -- no, you're not going to tell me
that we have an ordinance that requires --
MR. KLATZKOW: That's why we do that.
COMMISSIONER COYLE: Then change the blasted ordinance.
MR. KLATZKOW: I need direction.
COMMISSIONER COYLE: I mean, this is dumb. You know,
we need to save money, we need to save time. We don't need to
hassle people about administrative procedures.
COMMISSIONER COLETTA: Commissioner Coyle, I'm
willing to make that as part of guidance of the motion for them to
bring it back to.
COMMISSIONER COYLE: Go ahead.
COMMISSIONER COLETTA: Well, you've got to second it.
COMMISSIONER COYLE: I have to second it?
COMMISSIONER COLETTA: Yeah, because you got the
original second.
COMMISSIONER COYLE: I hate seconding your motions.
They always get us in trouble.
COMMISSIONER COLETTA: Let's take that as a second. Let's
continue.
DR. SOREY: Madam Chair, before you vote, could I make a
public comment?
CHAIRMAN FIALA: Sure.
DR. SOREY: For the record, John Sorey, Chair of the Coastal
Advisory Committee, and I agree with what's been said, but I also am
somewhat distressed by the fact that you've had a number of
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March 24, 2009
committee members here for over an hour this morning here when we
were told to be here.
So I think if we're going to do this, we need to change the format
and don't have us here waiting because, conversely to what you heard
earlier, the process that we went through, the staff members and I
prepared the report. It was a collaborative issue. The form I had had a
requirement of a signature, so I don't know what the other committee
members received, but I know the staff that I work with provided the
information. We went by the guidance and that sort of thing.
So the only request I would have for the commission is, if you
want us to do something, fine; but don't waste our time if you don't
want us to make a presentation. Thank you.
CHAIRMAN FIALA: John, while you're there.
DR. SOREY: Yes, ma'am.
Item #3E
ADVISORY COMMITTEE SERVICE AWARD: 5 YEAR
RECIPIENT - PRESENTED
CHAIRMAN FIALA: I have a service award for you.
DR. SOREY: Yes, ma'am, and I'm sorry I was late --
CHAIRMAN FIALA: No, don't be sorry.
DR. SOREY: -- getting that. I had some health issues with my
mother, so --
CHAIRMAN FIALA: So could I just -- could I interrupt this
whole procedure right now and present you with this?
DR. SOREY: You still want me to receive it after blasting the
commission?
CHAIRMAN FIALA: You betcha I do.
COMMISSIONER COLETTA: Call it a Purple Heart.
CHAIRMAN FIALA: You betcha I do. You've been such a
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great service to us in many, many, many ways.
(Applause.)
DR. SOREY: Thank you.
CHAIRMAN FIALA: Thank you so much for being here.
COMMISSIONER COLETTA: Oh, we've got to get a picture so
we can prove we did this. Come back here.
(Applause.)
CHAIRMAN FIALA: Okay. So now, let's see, we have a
motion -- oh, yes, yes, County Attorney?
MR. KLA TZKOW: Just for direction, because I'm going to have
to amend the ordinance. You can get these reports on the consent. Is
that what you want? Or do you -- and they don't have to show up. I
can just eliminate that, or we can just eliminate the entire process
entirely.
CHAIRMAN FIALA: Go ahead, Commissioner Coyle. You
don't even have to push your button.
COMMISSIONER COYLE: Yeah, okay, there are things that
are asked here that are just absolutely ridiculous. And I would think
that any commission -- any advisory committee would understand that
they should be doing these things on a regular basis.
Should the membership be modified? You know, don't wait for a
review for, you know, every two years or --
MS. FILSON: Four.
COMMISSIONER COYLE: -- so forth to tell us if you think
something needs to be modified. That information should be coming
from our staff liaison people, it should be coming from the chairman
of the committee all through the process. And I believe any
responsible chairman, if they had a problem, they would tell us that,
you know, you need to modify the membership requirements, or the
ordinance might be amended. They are intelligent enough to do these
things on an ongoing basis. We don't need to wait for these reports to
get those kinds of requests for information.
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March 24, 2009
So I would just say that the County Manager has a responsibility
through the liaison to keep us informed about any changes that are
necessary for ordinances, the membership changes of any of these
committees, and let these things go. And then if we start seeing things
go wrong like we did earlier with the EAC, we can take it up.
But I really think it's a waste of staff time, and it's a waste of the
committees' time to continue doing this stuff. Let's manage by
exception. We need to use our time more efficiently.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: I think before we make any drastic
decisions on groups here, maybe what we need to do is, the
committees that have to come before us every four years, that they be
given the opportunity to say yes or no to this; because I think a lot of
them spend a lot of time, and I think they like -- they relish the
moment of getting up here and making a small presentation on what
they've accomplished or what they've done.
They are a volunteer group, and at least they get to see what's
going on, plus the people out there in TV land have an understanding
of the different committees that report to the County commission, and
then the people out there can get an understanding of the
governmental process that takes place, that it just isn't five
commissioners that are here to make decisions, but there's other
groups that work behind the scenes very diligently, and I think that
they should have just an opportunity of whether they want to proceed
with going through this procedure of presenting a report and coming
here and giving us a few minutes of their time. I think they ought to
be given that opportunity.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: So what -- I need to understand
the guidance and the motion. Is it a motion to abolish the report, or is
it a motion to put it on the consent?
COMMISSIONER COLETTA: It's a motion to abolish the
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March 24, 2009
report.
COMMISSIONER HENNING: Okay. Yeah, I mean, I can't
understand why we -- you know, these are volunteers, taking time out
of their life, like Dr. Sorey said, and then criticize members of our
public for volunteering. It just isn't prudent and good -- it's a waste of
the people's time. So I like the motion.
CHAIRMAN FIALA: Okay. That's what I was going ask.
Okay. I have a motion on the floor and a second. Any further
discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
So that's two opposed, three for.
COMMISSIONER COLETTA: I'm sorry, which way did the
motion go?
COMMISSIONER COYLE: It's approved.
CHAIRMAN FIALA: It went for it, right.
COMMISSIONER HENNING: For the motion.
CHAIRMAN FIALA: I agreed with Commissioner Halas that
sometimes people like to -- I know that when we have had problems
with a couple of the committees where they've wanted to speak before
us. I think one was the Hispanic Advisory Committee, and I think
another one was the Black Affairs Committee. In years past they've
come before us and asked about that and I'm sure that that will
continue; is that correct?
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: When we need advice from them.
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March 24, 2009
Yes, Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Commissioner Fiala, I'm
sorry. Forgive me for doing this, but when you have opposition to
something, I wish you would express it before the vote would come so
it would help to give us guidance.
CHAIRMAN FIALA: Oh, I'm sorry.
COMMISSIONER COLETTA: Yeah, no -- it's -- well, it is
important because your opinion does matter. And I think we've taken
Commissioner Henning to task a couple of times for not doing it.
CHAIRMAN FIALA: Yes, and you're right about that. I
probably should have said it first, because I was -- when
Commissioner Halas said -- and I didn't want to drag it out anymore,
but I guess I should have. Thank you for that suggestion. Okay.
Item #IOD
RECOMMENDATION TO APPROVE THE PURCHASE OF
PROPERTY INSURANCE FOR THE PERIOD APRIL 1,2009
THROUGH MARCH 31, 2010 IN THE AMOUNT OF $4,153,980,
A REDUCTION OF $127,424 - APPROVED
MR. OCHS: Madam Chair, our next item is IOD, and that's a
recommendation to approve the purchase of property insurance for the
period April 1, 2009, through March 31, 2010, in the amount of
$4,153,980, which represents a reduction of $127,424. And Mr. Jeff
Walker, your risk management director--
COMMISSIONER HALAS: Motion to approve.
COMMISSIONER HENNING: Second.
CHAIRMAN FIALA: I have a motion on the floor by
Commissioner Halas, second by Commissioner Henning.
All those in favor, sig- -- oh, Commissioner Coyle.
COMMISSIONER COYLE: Brief question, okay. In the
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March 24, 2009
interest of trying to save some money, okay, can you tell me what
portion of this premium is for wind coverage?
MR. WALKER: For the record, Jeff Walker, risk management
director.
I would need to confirm that, but the industry estimates are about
70 to 80 percent.
COMMISSIONER COYLE: Okay. That conforms with my
information. So 80 percent of this is related to wind insurance alone.
How much damage did we have during Hurricane Wilma from wind,
County -- for County buildings?
MR. WALKER: It was -- it was just short of 9 million.
COMMISSIONER COYLE: Nine million dollars? You've got to
be kidding me.
MR. WALKER: No, sir, that's correct.
COMMISSIONER COYLE: Could you tell me -- not now, but
could you give me a report telling me where this damage occurred and
what it consisted of?
MR. WALKER: Absolutely.
COMMISSIONER COYLE: Okay, good. Then if it is that high,
then my question is irrelevant. Okay.
CHAIRMAN FIALA: I'd like to be copied on that information
as well, please.
MR. WALKER: Yes, ma'am.
CHAIRMAN FIALA: Okay. I have a motion -- all the
commissioners, please.
MR. WALKER: Yes, ma'am.
CHAIRMAN FIALA: I have a motion on the floor to approve
and a second. All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
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March 24, 2009
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: 5-0, thank you.
MR. WALKER: Thank you.
Item #IOE
RECOMMENDA TION THAT THE BOARD OF COUNTY
COMMISSIONERS APPROVES, AND AUTHORIZES THE
CHAIRMAN TO SIGN, THE ATTACHED U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT ENTITLEMENT
FUNDING AGREEMENT FOR THE NEIGHBORHOOD
STABILIZATION PROGRAM FOR FY 2008-2009 PROVIDING
$7.306.755 IN FUNDING FOR COLLIER COUNTY - APPROVED
MR. OCHS: Next item, Madam Chair, IOE. It's a
recommendation that the Board of County Commissioners approves
and authorizes the chairman to sign the attached U.S. Department of
Housing and Urban Development Entitlement Funding Agreement for
the Neighborhood Stabilization Program for fiscal year 2008/2009
providing $7,306,755 in funding for Collier County.
Marcy Krumbine, your Housing and Human Services Director,
will present.
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER COLETTA: Second.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay. I have a motion to approve by
Commissioner Henning, second by Commissioner Coletta. And a
comment from Commissioner Coletta.
COMMISSIONER COLETTA: Yes, please. This program is
absolutely wonderful, and I wonder if we could allow Marcy the
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March 24, 2009
opportunity to be able to go on for about 30 seconds on --
CHAIRMAN FIALA: Absolutely.
COMMISSIONER COLETTA: -- what it's going to do for our
community because it's --
MS. KRUMBINE: I've got another item coming up right after it.
So if you want to approve this one and give me the floor for the next
one, that's fine, Commissioner Coletta.
COMMISSIONER COLETTA: That's fine, okay. Drop that
request.
CHAIRMAN FIALA: Okay. Any further comments?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Okay, Marcy.
Item #10F
RESOLUTION 2009-81: THE IMPLEMENTATION OF THE
NEIGHBORHOOD STABILIZATION PROGRAM GRANT AND
ADMINISTRATIVE PLAN, AND APPROVES, AND
AUTHORIZES THE CHAIRMAN TO SIGN, THE
NEIGHBORHOOD STABILIZATION PROGRAM RESOLUTION
- ADOPTED W / STIPULATIONS
MR. OCHS: Item 10F, I'll read it for the record, ma'am, real
quickly. Recommendation that the Board of County Commissioners
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March 24, 2009
approves the implementation of the Neighborhood Stabilization
Program Grant and Administrative Plan and approves and authorizes
the chairman to sign the attached Neighborhood Stabilization Program
Resolution.
Marcy Krumbine will present.
MS. KRUMBINE: Commissioners, for the record, Marcy
Krumbine, Director of Housing and Human Services. And I'd like to
kind of combine items 10E and F to explain this program in a little
more detail.
A little background. This program was authorized by Title III of
Division B of the Housing and Economic Recovery Act of2008. This
was signed by President Bush. I do call that the first stimulus
package. I'm not sure if that's what they're calling it, but it was signed
in July.
At that time Collier County was allocated $7.3 million
specifically to assist with the redevelopment of abandoned and
foreclosed properties.
The key to this program, as you've been hearing with all the
stimulus programs, is they want you to spend the money, get it out to
the street as quickly as possible. We have 18 months to obligate our
funds. And of course, our ability to manage this grant, expend the
grant, does affect our federal grants and how we deal with federal
grants.
How did we get here today? President Bush signed the bill on
July 30th. On September 26th we received a letter from HUD
awarding us our $7.3 million. On November 18th I came before you,
and you approved a substantial amendment to our one-year action plan
implementing this -- the strategies for NSP, the Neighborhood
Stabilization Program.
On 3/2 HUD accepted our program, and on 3/4 they signed the
contract which you just approved. Our clock starts ticking on March
4th, and from March 4th we have 18 months to obligate that $7.3
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million. And so we're here today to present the contract to you and
also our admin plan.
What we've formulated today is a strategy to basically utilize the
expertise and the capacity of current County departments and
employees. We have -- you know, I'm standing in front of you, but
I've got behind me and throughout the County the expertise of a
number of different departments that have really done an absolutely
phenomenal job in putting their experience to work to implement this
program and to expend these funds.
In just a minute you'll see that we worked with information
technology on GIS mapping the foreclosures in our key areas that
we're going to be working with. We've been in conversation and
working with code enforcement, Diane Flagg and her staff. They have
some key contacts in banks that they've already made that we're using
to come up with the properties that we need to purchase, and we're
also working with them to abate the code violations.
We've been working with real property for property acquisition.
They are your designated property acquisition specialists for Collier
County. And of course, our department, housing and human services,
already have rehab specialists on staff. We do between 30 and 40
homes every year in rehabbing them and making them more livable.
We do housing outreach and qualification of new homebuyers,
and we, of course, have been doing all the federal grant management
with HUD.
We've been also working with the purchasing department to
create a competitive bid process so we could put your local contractors
and tradesmen to work on these projects.
We've been working with communications and customers
relations for our marketing program so that the community knows
about this program and those that are interested and want to get
involved will have the very best information and, of course, we've
been working very diligently with the County Attorney's Office to
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March 24, 2009
make sure that everything that we present to you is with legal
sufficiency.
Let me tell you how this looks for the County. We're going to be
distributing the funds to the key target areas, the ones that are at
greatest risk. The percentage of the most foreclosures, percentage of
finance with sub-prime loans, and the ones most likely to face
foreclosure.
And as you voted on in November 18th, these three areas have
been targeted: Golden Gate Estates, 34120; Golden Gate City, zip
code 34116; and East Naples, 34112. These are the areas that we've
identified as being the areas at greatest risk. If something within the
next three years changes, we do have the opportunity to go to HUD
and plead a case that there are some other problems, but right now the
numbers are showing these areas. These are numbers.
Now let me give you a visual of what this looks like.
CHAIRMAN FIALA: Let me stop you for one second. With
East Naples, you say 34112. Now, for instance, like Naples Manor is
in 34113. That isn't involved in there?
MS. KRUMBINE: No, it is not.
CHAIRMAN FIALA: Okay, thank you.
MS. KRUMBINE: Here is just a -- we call it a measle map of
the three areas, and those dots in the area are the bank foreclosures.
This is Golden Gate Estates, 34120. Every one of those dots are
bank-owned properties. As of February, that's 414 properties in that
area.
Golden Gate City, 291 bank-owned properties. Those are the red
dots. There's almost not a street that doesn't have a foreclosed
property on it.
COMMISSIONER HENNING: Mine doesn't.
MS. KRUMBINE: Congratulations.
COMMISSIONER HENNING: Well, you don't show it
anyways.
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March 24, 2009
MS. KRUMBINE: And 34112,92 bank-owned properties.
And this is exactly what we've been working with IT on measle
mapping these. We got a database from Realty Track, and then we
brought the information in, and now we're able to map them, and so
we have a visual of where we're looking for it. Corresponding on each
of those dots, we have what bank owns them, who to contact, and the
information. So that's really helping us to go forward.
Why is this strategy, why did we choose this strategy, and why
do I feel that as the director of housing and human services this is --
why we're recommending this to you is that -- because it really does
utilize the expertise and the capacity of our current County
departments and employees. It's going to be injecting much-needed
stimulus money into our County budget but it also is going to be
injecting the money into our local economy by employing local
tradesmen to rehab, to do property maintenance on these homes.
And we're projecting that there might be as many as 37 people
employed to do each home. And we figure in the first round of buying
these homes, that we'll buy at least 60 homes. And of course, the
whole idea of this strategy is that we're going to buy the homes, rehab
them, and sell them. The money's going to come back, and we're
going to do it again, and we're going to keep doing it until the program
runs out or the money runs out.
And this allows us to obligate the money as quickly as possible.
And if we do a good job, there's NSP round two, and there's also the
possibility of other programs that shows that Collier County has made
that capacity, is doing a good job, and we could go further.
So we are asking for a couple of things today. You've already
approved Item 10E for the contract, and the chairman will sign that.
Item 10F, you have before you two things. The first is a
resolution which you have seen before in other arenas that delegates
authority to the chairman to execute documents to acquire the
foreclosed properties on behalf ofthe BCC.
March 24,2009
I'd like to mention that there's not going to be any staff discretion
in this property selection, that in our -- in our admin plan we've
developed a system of the price of the house, the amount of -- we
could do for rehab, some very -- areas that we could be in, and that's
it, and that's what we look at.
And we're looking for the ability for real property management to
be given your authority to go and negotiate and execute agreements
for sale and purchase directly with banks. They'll be going to buy
them in bulk, like five, ten, 15 properties at a time with a bank.
Again, the purpose is to do this quickly and to expend and obligate the
money as quickly as possible.
Contracts will go before the County Attorney's Office; it will be
approved for legal sufficiency. And, again, upon your approval of this
resolution, we'll be able to have the chairman sign the documents, and
then we will come before you every month on consent with a report
on what we've purchased, and you could keep up to date on what this
program's doing.
And then the second thing that you have before you is our admin
plan for the grant management. It identifies what are our activities
that are eligible and the procedures. Again, our maximum purchase
price, not to exceed 150,000. Ifwe come across something that is
imperative to improve an area, then we'll come to you with that
contract if it's -- if anything exceeds these amounts, they go to you.
That we have the authorization to enter rehab services. Oh, that
didn't sound right. We have the -- we have the authorization to enter
contract for a rehab service no more than 50,000 for an individual unit,
and over us it would be purchasing to enter into contracts up to
200,000. Again, anything that exceeds that goes before the Board of
County Commissioners.
Are there questions that I can answer for you?
CHAIRMAN FIALA: Oh, there are. Commissioner Henning?
COMMISSIONER HENNING: I personally like the action plan,
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March 24, 2009
the administration plan. I just -- I have some questions on it.
And Marcy, would it be best if! go by the number, page of the
plan or the agenda item?
MS. KRUMBINE: That's fine. Of course, I will have the admin
plan in my numbers and not your whole thing, but let's see if we could
COMMISSIONER HENNING: Page 3 of the admin plan.
MS. KRUMBINE: Okay.
COMMISSIONER HENNING: The geographical areas, is there
a reason why you didn't do 34117, which is Golden Gate Estates also?
MS. KRUMBINE: Yeah. At the time that we did this plan, these
were the areas that came out with those three -- those three elements,
the number of foreclosures, the opportunity for them to be in
foreclosure, and also for sub-prime loans. When we went across the
board, these were the three that came out the highest.
COMMISSIONER HENNING: Okay. The next question is, the
next sentence says, however, Collier County will continue to monitor
local housing data intent for the -- this plan, be flexible and allow a
timely reaction to significant changes in the housing market.
MS. KRUMBINE: Right. And that's why, if -- if we see as we
go forward, after this strategy, that something really pops up that
needs our attention, then I would need to come before you with an
amendment to the plan, and then we would need to bring it to HUD as
to whether or not they'd accept it to change into another zip code.
COMMISSIONER HENNING: Okay. And is that going to
work for you as far as, you know, making changes quickly?
MS. KRUMBINE: With HUD, that's all that we can do.
COMMISSIONER HENNING: Okay. Next question, Page 4.
What -- the rehab property must meet HUD Section 8. Is that -- I
mean, Section 8 housing is -- is that any different than --
MS. KRUMBINE: These are just minimum health, safety,
welfare codes, and HUD has -- has quality standards that they ask us
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to meet, and so this is all the minimum standards.
We do intend -- one of the things that I'd like you to envision is
that one property is going to sit for sale next to ten other properties
that are going to sit for sale. We obviously want to put people into the
housing, and we don't want the County to sit with houses. So we're
going to make these properties very attractive.
We forgot to bring our boards. We have actually -- I'll be Vanna.
And if you could pretend that I have -- we actually have boards ready
of different color schemes of, when we're going to rehab a house, the
different tile, the shingle for the roof.
And so it isn't just going to be going in fixing a knob. It's going
to be, go in, make this livable, bring it up to the right standard, but
also make it salable and attractive in the community.
COMMISSIONER HENNING: Page 6, number 9. All
residential properties are eligible for direct assistance. Examples
included but not limited to -- included but not limited to, is that
discretionary authority?
MS. KRUMBINE: Are you on 9? All residential properties are
eligible for direct assistance. No, that -- that means that -- this is
modeled after our -- after our SHIP program where we give down
payment and direct assistance. So if somebody comes to us and they
want to purchase a foreclosed property, they might choose that they're
looking at one of these types of properties, and we will help them with
direct assistance with the property that they choose.
COMMISSIONER HENNING: Jeff, is that discretionary?
MR. KLATZKOW: I think we're okay there, Commissioner.
COMMISSIONER HENNING: Okay. Now, on Page 8,
activities, procedures. Can we change that word "delegation" (sic) to
"allows" the administration?
MS. KRUMBINE: Where are you specifically?
COMMISSIONER HENNING: General. It says, Collier County
Board of Commissioners approves a HUD one-year action plan and
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delegates administrative (sic) of this plan to the human services. We
don't delegate.
Jeff?
MR. KLATZKOW: I think we're okay.
COMMISSIONER HENNING: You're okay the way it is now?
MR. KLATZKOW: Yes, it is.
COMMISSIONER HENNING: Everything's going to be
recorded in the public record. There's going to be bids on all the
homes for rehab?
MS. KRUMBINE: That's correct.
COMMISSIONER HENNING: Okay. Thank you.
MS. KRUMBINE: Thank you.
CHAIRMAN FIALA: Our next person is Commissioner Coyle.
I'll tell you, we're supposed to be at a luncheon at 12:15. We have to
walk over there. I hate to do this in the middle of a subject.
Do you want to continue on and finish this -- there's probably
another 15 minutes' discussion on this -- or do you want to come back
after lunch and finish it?
COMMISSIONER HENNING: Finish it after lunch.
CHAIRMAN FIALA: Marcy, is that okay with you, too?
MS. KRUMBINE: I didn't hear what you want.
CHAIRMAN FIALA: Finish after lunch.
MR. OCHS: She's fine with that, ma'am.
CHAIRMAN FIALA: That way then we're not rushed and we
can continue on.
MS. KRUMBINE: Of course I'm fine with that. Thank you.
CHAIRMAN FIALA: What did you say, Marcy?
MS. KRUMBINE: No. I'm fine with that. Whatever you --
whatever you want to do.
CHAIRMAN FIALA: Commissioners?
COMMISSIONER HALAS: I'd like to make a motion to
approve.
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March 24, 2009
COMMISSIONER COYLE: I think we already have one, but --
I have some questions.
COMMISSIONER COLETTA: And I have comments.
CHAIRMAN FIALA: Then we'll come back after lunch and
continue this subject, and we'll finish it before we go on to Items 8B
and B, okay.
MR. OCHS : Very good.
CHAIRMAN FIALA: Very good, thank you.
We will now --
COMMISSIONER HALAS: Recess for lunch.
MR. OCHS: Break for lunch.
CHAIRMAN FIALA: We will now recess for lunch. I couldn't
think of that word. Thank you.
COMMISSIONER COLETTA: Good word.
(A luncheon recess was had.)
MR. OCHS: Madam chairman, you have a live mike.
CHAIRMAN FIALA: Thank you very much. We will resume
our meeting for March 24th, and we will continue on with item
number 10F.
Marcy Krumbine is at the podium.
MS. KRUMBINE: And Commissioner Coyle has questions just
for me.
CHAIRMAN FIALA: Yes, he does, so does Commissioner
Halas, so does Commissioner Coletta. Commissioner Coyle will start.
MS. KRUMBINE: I'm so glad that we're spread out a little bit
there.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: You can't get help from any other
person, okay.
MS. KRUMBINE: That's not fair. I have --
CHAIRMAN FIALA: Uh-oh. Sounds like a loaded question.
COMMISSIONER COYLE: All right. Just a couple of content
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questions, or statements.
You're talking about using this money for acquiring homes in
foreclosure because of sub-prime loans; is that right? We're not trying
to subsidize anybody's sub-prime loan?
MS. KRUMBINE: No. These homes have already been
foreclosed upon and they are bank owned.
COMMISSIONER COYLE: Okay, all right. Now, the
statement that stimulus money -- this will bring stimulus money into
the County budget, I really would like it if you were to remove that
phrase from this thing and not use it, because putting stimulus money
into a County budget is like throwing money into a hole somewhere.
So I don't think anybody wants to stimulate the County budget,
but they want to stimulate the economy. So if it passes through us and
gets to the people who need it, that's the thing we really need to do,
okay.
MS. KRUMBINE: That's absolutely true, Commissioner;
however, the program does allow for a certain amount of
administration money to run the program.
COMMISSIONER COYLE: I understand.
MS. KRUMBINE: And that -- and that money will be used.
COMMISSIONER COYLE: I understand that, but that -- that
isn't stimulus.
MS. KRUMBINE: The intent of it.
COMMISSIONER COYLE: That's right.
Okay. Now, you're going to buy, you said, 60 homes with the
7.2 or 3 million dollars you're going to get. That's $117,000 apiece.
MS. KRUMBINE: It is. The amount to buy the homes and then
rehab them. And what we have to do is we have to attach the money
to an address, so we'll be purchasing ahead of time probably 30 to 40
homes and then adding the rehab onto those. So you're probably
looking at anywhere from 50- to 75,000 for a purchase price, and then
up about no more than 50,000 for the rehab. So that will be attached
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March 24, 2009
to the address.
We also have in our strategy, we have to spend $1.8 million on
50 percent or below the median income, and those will be multifamily
homes.
COMMISSIONER COYLE: Okay.
MS. KRUMBINE: So all that together will probably equal about
60.
COMMISSIONER COYLE: But -- okay, even if it did --
MS. KRUMBINE: Okay.
COMMISSIONER COYLE: -- and then you could really buy
and renovate 60 homes, that is a drop in the bucket compared to the
thousands that we have in Collier County that are in foreclosure.
I'm wondering if you can't leverage this money in a way that
permits you to deal with hundreds of homes rather than just 40 or 60.
And what I don't understand is, why can't we take this money and
provide grants to the private sector?
I mean, there are people right now who are willing to go out, and
using most of their own money at least initially, to buy these places
and then to ask us for grants to renovate them, and then they sell them.
They will hopefully make some money in the process; we will get our
money back through the sale so we can perpetuate the program. But
you're likely to leverage that 7.2 or -3 million dollars in a way that
helps us deal with hundreds of homes rather than just 40 to 60. What's
wrong with that picture?
MS. KRUMBINE: Because -- well, there's nothing wrong with
that picture, Commissioner, and you're actually explaining the
program as it is; because we're going to buy 60 homes initially, and as
they're sold, the money is going to come back to us and we're going to
do it again.
So it will turn out to be more homes. It's just that it's difficult to
project how many it is because the market keeps changing and the
price point keeps changing. So we will be buying the homes,
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rehabbing them and selling them and bringing the money back in.
And it depends -- your scenario, what happens when we then
enter into what's called a sub-recipient agreement to the private sector,
the non- -- first of all, it would have to be a nonprofit because the
private sector for profit cannot own property under this package. But
they would -- that would be another four months before I could bring
those contracts back to you, and then they would have a year to
expend the money. And--
COMMISSIONER COYLE: Yeah. So you're saying you can
spend the money faster this way than we can by putting grants out to
private not- for-profits?
MS. KRUMBINE: I believe so. And also with the
not-for-profits, some of them will do the work with volunteers. So
you're putting the money into the non-profit, but you're not employing
the local trades-people.
COMMISSIONER COYLE: Does that mean Habitat for
Humanity is not going to qualify for any of this money?
MS. KRUMBINE: They're not going to qualify for this first
round; however, as things start coming back, we might decide to go
out and do more.
You will also see, Commissioners, within the week, you're going
to see the draft of our action plan, and Habitat for Humanity and
HOME are getting our regular CDBG funding this year, and
specifically Habitat just spent $1.2 million of funding doing this.
COMMISSIONER COYLE: Yes.
MS. KRUMBINE: And the third thing is that the second round
ofNSP money which President Obama signed into law allows for
non-profits to directly compete for that funding with HUD, and there
is millions of dollars available for that.
COMMISSIONER COYLE: Okay. Now, once you buy this
home, rehabilitate it, and then sell it, the money that comes back, is
that our money to use in your programs, your HOME programs?
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March 24, 2009
MS. KRUMBINE: It has to be NSP-related activities. So in
other words, do it again. Either buy and rehab a house --
COMMISSIONER COYLE: That money has to be used under
the same federal regulations that applied to the initial expenditure; is
that correct?
MS. KRUMBINE: That's correct, absolutely.
COMMISSIONER COYLE: So you could do 60 homes this
year, 60 homes next year, 60 homes the year following that, assuming
that it works, right?
MS. KRUMBINE: Possibly. We also have the opportunity of
leaving some money in the house if, for example, we get a qualified
buyer and let's say the house was 100,000 but they could afford a
$90,000 mortgage. Well, we might leave 10,000 of that money in
there so they could then get the $90,000 mortgage.
COMMISSIONER COYLE: And would you ever get it back?
MS. KRUMBINE: It would -- upon sale, it would have to come
back.
COMMISSIONER COYLE: You would have a lien on the
property?
MS. KRUMBINE: That's correct.
COMMISSIONER COYLE: Okay. And can you abide by our
rules on legal residents of the United States?
MS. KRUMBINE: Yes.
COMMISSIONER COYLE: You're going to be applying
qualification?
MS. KRUMBINE: We do that with all of our programs and we
would continue to do that.
COMMISSIONER COYLE: Even where federal money is
involved?
MS. KRUMBINE: Yes.
COMMISSIONER COYLE: Okay, good. Thank you very
much. So you did well and you didn't have to call on anybody.
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March 24,2009
MS. KRUMBINE: And I didn't even have to ask anybody.
COMMISSIONER COYLE: That's right.
CHAIRMAN FIALA: Commissioner Coyle -- I mean Coletta.
Excuse me.
COMMISSIONER COLETTA: Oh, thank you.
Marcy, once again, based on today's price, what's the number of
homes that you're looking at?
MS. KRUMBINE: Based on today's price, we're hoping for 60
single- family homes and then an additional number of multifamily
units for rent.
COMMISSIONER COLETTA: When you say additional, you
mean another 60 or --
MS. KRUMBINE: It depends on how many multifamily units
we could get.
COMMISSIONER COLETTA: Okay.
MS. KRUMBINE: But that would be an additional. The 60
would be single-family homes.
COMMISSIONER COLETTA: Okay. So all together, we're
looking to be able to provide maybe 100 housing units for people?
MS. KRUMBINE: Initially, I would say that that's a reasonable
projection.
COMMISSIONER COLETTA: Okay. And how many trades-
people were you saying per house?
MS. KRUMBINE: Thirty-seven -- approximately 37 trades-
people per house would be employed upon the awarding of contracts.
COMMISSIONER COLETTA: And do you foresee, like these
contracts going out in big batches so we could get a number of people
employed, or it's going to be going out in little dribbles?
MS. KRUMBINE: It's going to go both ways. For example,
Commissioner, if we buy a house that's out on DeSoto Boulevard,
34120, and then we also buy four houses in 34112 that are right down
the street, we would probably put those out for bid separately. We'll
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March 24, 2009
do the 34120. Ifthere's nothing else in the area, we might do that one
by itself for a smaller contractor, and that would work well.
But then we would bid the 34112 properties or something that's
close together as a bulk bid for a larger contractor.
COMMISSIONER COLETTA: And we're going to follow our
guidance that we've given before as far as hiring local contractors?
MS. KRUMBINE: Yes.
COMMISSIONER COLETTA: Okay. It doesn't need to be
reinforced in any way? Because I'd hate to all of a sudden see our
market get flooded by people from Miami or Palm Beach.
MS. KRUMBINE: Commissioner Coyle, do we have permission
to ask somebody else that question?
COMMISSIONER COLETTA: Yes, please.
MR. CARNELL: Phone a friend. Okay. Yeah, Steve Carnell,
Purchasing Director. Yes, sir.
One thing that I hope the five of you fully understand, in my 24
years here, this is the most concerted, coordinated effort between the
housing department and the purchasing department to procure a grant
program. And so the simple answer to your question is, yes, we'll be
following the purchasing policy in all of this.
COMMISSIONER COLETTA: Okay. Now, I want to draw a
comparison, if I may. Remember when we were out there purchasing
property for roads or for Conservation Collier? What did we do?
When we got out there, we became an entity in the market, and we
were out there competing with other forces, and we helped to drive up
the prices.
I believe -- I really believe this, not only are we going to be
finding homes for economically disadvantaged people, those in the
middle-income, lower-income group, we're also going to be able to
employ local craftspeople and get them back to work at a very
difficult time.
And here's something that I can absolutely assure you is going to
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happen. This action, because of the fact we've got this number of
homes and there's other interests out there for foreclosed homes, this is
going to be the stabilizing reason for house prices, especially for that
particular income group of houses through some of the distressed
areas.
Everybody's looking for the bottom of the market. You're
creating the bottom of the market because you're coming in with a
hundred units, plus there's other entities out there, plus I've heard real
estate people talking about, now is the time to get out there, buy a
house, invest in it, get it restored, rent it out if you're not going to
move into it, because this is the bottom of the market.
You're going to create that, and this is going to be the start of our
economic turnaround as far as the housing market goes. There is no
other way it's going to happen.
So anybody that's listening to my voice now, don't rush out too
soon, because we want to buy our share first.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Well, I make a motion for
approval.
COMMISSIONER HENNING: Second.
COMMISSIONER COLETTA: Third.
COMMISSIONER HALAS: But I also want to say that I think
this is going to be a great program, I think it's going to be well
administered, and for one thing, it's going to get our trades-people
back employed again, and that's the most important thing, so they can
provide food on the table and make sure that they don't lose their
homes if they're close to losing their homes or cars or whatever else.
So I commend you for working as hard as you are to try to get
this thing established and moving forward. And the sooner the better.
Thank you very much for all your work.
CHAIRMAN FIALA: Okay. And Ijust have a couple
comments, and that is, number one, we were talking about getting
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local people to work on these jobs. We're not going to have
volunteers; they're going to be local people, right?
When we say local, now it includes Fort Myers or Lee County.
And the problem with that is, their expenses are a lot lower, so they've
been winning all of our contractors and we're not putting our own
people to work. We're putting them to work, and then they have to
come over the boundaries and come down here. Is--
MS. KRUMBINE: Well, I'll let our purchasing director talk
about purchasing.
But we're administering in Collier County $7.3 million. Lee
County is administering over $17 million. And they're doing the same
thing we're doing. So I believe they're stimulating the economy and
helping the contractors there go to work as well. But I'll leave the rest
of that answer to my counterpart.
CHAIRMAN FIALA: Yeah. I just noticed like on the
landscaping and maintenance problem, they're all Lee County firms,
not ours at all. So anyway, go ahead.
MR. CARNELL: Well, all I'll say to you is that we've had some
firms from Lee County win those landscape contracts, but you'll
remember some of them employ a good number of people in Collier
County. In fact, they employ more Collier County employees than
some of their local competitors do, so there's still a very clear benefit.
CHAIRMAN FIALA: But I haven't seen that on paper. I know
that -- I know that's what they say, but, you know, I don't know that
and I don't even know that they're all legal here, you know.
I mean, we have a restriction here, but we don't even know that.
Yes, they say that they hire Collier County people. Do they really? I
don't know.
That's what I'm just concerned with. I -- this stimulus is
supposed to be to get our people working and also -- it's more
expensive to live here, and so, you know, it's harder for them to be the
lost bid. That's my concern.
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And the other thing is, are we going to just be sure that all the
laborers are here legally? Do we go out and check that? Do we verify
that or something?
MS. KRUMBINE: I missed that. I'm sorry.
CHAIRMAN FIALA: I think your consideration was more fun
anyway. No, that's all right. Don't feel bad. Are we -- are we going
to verify that all the laborers that are working on these jobs are here
legally?
MS. KRUMBINE: That's your question. Isn't that your
question? We need somebody else.
MR. CARNELL: Let me go back. First off, if you're talking
about the workers on the jobs, the -- we follow the federal
immigration law in terms of what we put in our bidding contracting
documents. We do not have enforcement authority to go in and
simply card everybody, if you will, and find out if they're legal;
however, if we receive a complaint, we forward it to the Sheriffs
Department and it's investigated, and proper action is taken there.
But we don't have the authority to terminate people or take action
against them without judication from the Sheriffs Office.
CHAIRMAN FIALA: In other words, we can't really verify that
they are here legally?
MR. CARNELL: That's correct, unless there's an incident or a
complaint.
COMMISSIONER HALAS: But to take ownership, they have to
be here legally.
CHAIRMAN FIALA: Yeah, but to -- I'm just talking about the
laborers now.
Okay. Commissioner Henning?
COMMISSIONER HENNING: What?
COMMISSIONER COYLE: Let's not -- I'm sorry.
COMMISSIONER HENNING: Commissioner Coyle pushed
that button.
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March 24, 2009
COMMISSIONER COYLE: Yeah, I pushed his button.
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: The attorney has something to say
about that, because an allegation was made by a member of the public
recently in some e-mails to us alleging that we really didn't do
anything and wouldn't do anything if we found that contractors were
using illegal aliens for labor. And I would like for you to know what
the County Attorney says to that.
MR. KLATZKOW: We would terminate the contract, we would
debar the contractor, and we would seek whatever legal action we
could.
COMMISSIONER COYLE: That's right. Okay.
Now, we need to make sure that we all understand that and that
we're enforcing it.
CHAIRMAN FIALA: Well, now -- I don't know if
Commissioner Coyle heard what you said. Would you say that again,
Steve?
MR. CARNELL: What I said was, we -- if you're asking if we
are verifying before somebody goes on a job site whether they're legal,
we are not, and that is not inconsistent with what Mr. Klatzkow said.
COMMISSIONER COYLE: That's right.
MR. CARNELL: His answer is predicated upon there being
some type of complaint or action filed, and law enforcement deeming
somebody to be illegal.
COMMISSIONER COYLE: Then why can we not require that
any contractor use the screening eligibility software that is provided
by the government, I believe, to determine if someone is here legally?
MR. CARNELL: I don't know that we couldn't, Commissioner.
What we -- what we require them to do is to comply with the law, the
federal law, and we put the onus on them.
COMMISSIONER COYLE: Okay.
MR. CARNELL: And we haven't gone as far as to say, use
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screening method X.
COMMISSIONER COYLE: Okay. Then I think maybe we
ought to do that. We're using that method here, aren't we, Assistant
County Manager?
MR. OCHS: I don't know, sir. I'll have to find out for you. I
can't say that.
COMMISSIONER COYLE: It was my understanding we had
implemented that software some time ago, that we're using it to screen
our employees. But if that is not the case, I would -- I would love to
see some -- okay. I think we've got confirmation.
MR. OCHS: Yes, sir.
COMMISSIONER COYLE: Okay.
MS. PRICE: Len Price, Administrative Services Division
Administrator. Yes, sir, we are using that software, and we're also
using another set of background checks as well.
COMMISSIONER COYLE: Okay.
MS. PRICE: To screen our employees.
COMMISSIONER COYLE: Now, I don't want to get involved
in the details of this. But it seems to me that we ought to provide
guidance to the staff, under this program or any other program, that
the contract should require the contractor to screen their employees
through this software to assure that they are, in fact, legally here in the
United States.
MS. PRICE: We'll look into doing that, sir.
COMMISSIONER COYLE: And if they fail to do that, then we
can take the action that the County Attorney has specified. Okay.
Good, thank you very much.
CHAIRMAN FIALA: Can you write that into your RFP, Steve?
MR. CARNELL: Yes. We'll investigate the detail of what
Commissioner Coyle has suggested first, and then we'll give
appropriate instruction to contractors.
COMMISSIONER HALAS: That will be in my motion, too.
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March 24, 2009
CHAIRMAN FIALA: Okay. And who was the second?
COMMISSIONER COYLE: I will second it.
CHAIRMAN FIALA: You were the second?
MS. FILSON: Commissioner Henning seconded, I think.
COMMISSIONER COYLE: Oh, Commissioner Henning
seconded.
CHAIRMAN FIALA: Oh, Commissioner Henning was the
second.
Will that be in your second, that he write that in the contract?
COMMISSIONER HENNING: Sure.
CHAIRMAN FIALA: Okay. And Commissioner Henning, you
have comments or questions?
COMMISSIONER HENNING: No. Commissioner Coyle
pushed my button.
CHAIRMAN FIALA: Okay. We have a motion on the floor to
approve with some stipulations, and we have a second.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
MS. KRUMBINE: Thank you, Commissioners.
CHAIRMAN FIALA: Okay.
Item #10G
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RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS (BCC) REVIEWS VARIOUS
ALTERNATIVES REGARDING THE US41 CONSORTIUM
DEVELOPER'S CONTRIBUTION AGREEMENT (DCA)
PROPOSAL AND PROVIDE DIRECTION TO STAFF - STAFF
TO REVIEW AND BRING BACK AT APRIL 14,2009 BCC
MEETING - CONSENSUS
MR. OCHS: Next item, Madam Chairman, lOG.
CHAIRMAN FIALA: Is it lOG, or do we have a one o'clock
time certain, or are we okay with that?
COMMISSIONER HENNING: Yeah, we're okay.
CHAIRMAN FIALA: lOG, okay, good.
MR. OCHS: Let's move ahead with lOG. Recommendation that
the Board of County Commissioners review various alternatives
regarding the U.S. 41 Consortium Developers Contribution
Agreement proposal and provide direction to staff.
Transportation Planning Director, Nick Casalanguida, will
present.
MR. CASALANGUIDA: Good afternoon, Commissioners. For
the record, Nick Casalanguida with transportation.
Feel like always a bridesmaid, never a bride, when it comes to
this DCA. I've been working this for about two-and-a-halfyears with
the consortium group. Been successful in getting to certain
milestones, but it seems that we've been chasing the economy
downhill. Every time we get towards securing the bonds, it seems like
some folks drop off the agreement.
We started back in November of2007, went through an approved
agreement that was a $54-million project, and then we provided an
extension of time because of the economic downturn. We then scaled
it back to about a $22-million project, which included an intersection
improvement in a study done by the County. Same situation
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happened, some of the folks couldn't come up with a bond.
Mr. Eric Strickland from Kite is here, and Mr. Y ovanovich, have
worked with them closely. They've been honest, up front, and done
everything they can in their powers to make this happen.
At the last meeting we terminated the last agreement, which we
were required to do so in the agreement when they couldn't meet the
time frame. So we did that, and then the board gave us some directions
to try and work together on getting something done with what's left
over of the group.
The County Attorney and myself talked at length for hours, along
with discussions even with the County Manager and my boss,
Norman, to try and figure out ways we could do this. We looked at
the standard DCA, which is what we've done in the past. Complication
there was, we didn't have a construction component to the agreement,
which kind of nullified the intent.
The concern there was, if we don't provide some sort of finished
product per the agreement, you know, what's the point of the DCA?
We could have legal challenges, and it didn't satisfy our LDC and
GMP.
We looked at a midyear AUIR update. And as you know, every
year we go through and we balance our checkbook and, to a certain
extent, we take our traffic counts, and then we look at actual
development in the area, find out what's materialized as -- them, and
as they become actual traffic, we put them in the bank -- I mean, in the
background traffic. That didn't resolve the situation either.
Attorney Klatzkow and I considered an economic emergency
ordinance. The more we looked into that, we kind of were following
Tallahassee's role in kind of coming up with legislation that was a
one-size-fits-all, and kind of maybe bound us. And, again, we didn't
have a physical improvement we could really tie to that.
I even went so far as to look at what Tallahassee provided us last
year with the concurrency backlog authority where you could assign a
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certain area, and then levy taxes, which is not obviously something
that you'd want to do, to fix a problem. So I tried to, you know, go
through every stone I could to get this done.
I'm at the point now where I've met with the developers and their
agent, and even last night and this morning, and we're trying to come
up with something where a physical improvement can be done. So I
don't want to say that we're dead in the water.
But as we stand today, I don't have enough factual information to
bring you a DCA that I can sit with the County Attorney and say is
legal and provides you an improvement.
And while I recognize -- and they'll tell you, I'm sure, Rich or
Eric, that in this time, you'd like to have a project that's viable, that
provides both jobs, stimulus to local economy, it's hard to do that and
sacrifice your concurrency system without having some sort of system
in place to make sure we're okay.
So with that, I'll answer any questions you have. And I know
Mr. Y ovanovich wants to speak on this item as well, too.
CHAIRMAN FIALA: Well, before we ask any questions, we'll
hear from Mr. Y ovanovich, and then we have a speaker also.
MS. FILSON: He is the speaker.
CHAIRMAN FIALA: Oh, he is the speaker.
MR. YOV ANOVICH: Good afternoon.
CHAIRMAN FIALA: But he's also the speaker for the other
thing, so I guess we can give him more than three minutes.
COMMISSIONER COYLE: No.
MS. FILSON: Okay. Do you want me just to not time him?
CHAIRMAN FIALA: Yeah.
MR. YOV ANOVICH: Wow, untimed.
First of all, I want to thank -- I want to thank Nick and Norm in
hanging in there with us. This has been a tough, tough economic time
and a tough process to try to come up with a solution.
And what Nick just said about sacrificing concurrency, we're not
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asking anybody to sacrifice concurrency. So I want to start out with
that.
What we're -- what we're seeking is, we came to you last -- or
two weeks ago and we said, listen, the residential players in the
consortium, for obvious reasons, can't come up with their share of the
cost to construct the intersection improvements, which was the subject
of the last DCA.
If they could have, they would have come up with their share of
the bond money and we would have -- we would have built all of the
intersection improvements.
There are commercial developers that are still interested in
spending money here in Collier County, and the number one
commercial developer that's ready to pull a permit is Lowe's, and there
are other commercial developers that believe enough in this economy
that they're willing to post $8.2 million worth of money to go towards
intersection -- ultimate intersection improvements.
And when we met two weeks ago, the thought was, the $8.2
million would cover the revised PD&E study, the ultimate design for
the entire intersection improvements and the acquisition of the right --
necessary right-of-way for the ultimate intersection improvements.
Some additional study has been done, and it's been determined
that there needs to be some intersection improvements to address the
impact of the developments that are willing to front this $8.2 million,
and we understand that. But what we don't have is we don't have
more than $8.2 million to spend.
So what -- what we're recognizing is that a portion of this $8.2
million needs to be utilized to construct whatever -- and we need to
get Nick this information. We need to do a traffic study and say what
are -- what turn lanes do we need in this intersection to address these
commercial projects to allow them to go forward and not sacrifice the
concurrency management system, and then, figure out how you can
spend that $8.2.
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We're sure you can do the PD&E study and the design for the
ultimate intersection improvements out of that 8.2 million. We're
confident, and we'll supply Nick the information, that the construction
dollars to do the necessary improvements can be funded through that
$8.2 million, and we're confident that whatever right-of-way you
would need to construct those intersection improvements to satisfy
these dollars -- development would be there out of that $8.2 million.
The question becomes, will there be enough right-of-way money
there to do all of the right-of-way acquisition? Nobody knows the
answer to that question. But what we're suggesting is, there is still a
benefit to the community in going through this process.
One, you won't be sacrificing concurrency because their
intersection improvements will be built to address these commercial
developments.
Two, you'll have the design for the ultimate intersection
improvements that you'll want some day to do.
And three, you'll have Lowe's, who's ready to pick up their
permit, who are going to spend $17 million in construction costs.
They're going to -- at the end of the -- that's going to be 100 to 120
construction workers that will benefit from those construction dollars.
And at the end of the day, you'll have 80 full-time employees and 20
part-time employees for this business.
So you're getting a lot for that money, and you're going to need to
do that design for those intersection improvements whether these
commercial projects go forward or not. You already have vested
DRIs in the area that you can't say no to when they come through.
So the benefit of this is, you're going to have the design done,
you'll be ready to go, you'll be shovel-ready from a design standpoint.
What you may not be shovel-ready for is, from a right-of-way
standpoint, that we may have to find some additional funds for the
right-of-way acquisition in the future.
But in the meantime, you're not sacrificing concurrency with
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what we're proposing and you are, again, following up on the last
item, stimulating the economy from a -- putting construction workers
back to work and putting Collier County residents back to work when
Lowe's finally comes.
And we would hope that between now and the next few weeks
we can provide your transportation staff with a study to tell you
exactly what improvements need to be made, and then -- and then we
can come back to you with where the shortfall may be in the
right-of-way acquisition, and the board ultimately decide whether or
not it's willing to fund some right-of-way acquisition in the future
versus having everything right now, because frankly there's just not
enough money to fund everything right now. The developers can't
come up with more than the 8.2.
CHAIRMAN FIALA: Nick, can we hear from you, and then
we'll have Commissioner Halas and Fiala?
MR. CASALANGUIDA: Sure. To add to that a little bit, we
haven't explored minor intersection improvements. When I say minor,
putting in some additional turn lanes.
If the board were to consider -- and it's been done in other parts
of the state and it can be reasonable -- alternative transportation as a
concurrency mitigation, we may have something as well, too.
The only other thing I can throw into this, if we do some minor
intersection improvements and then we build some bus stops and we
put in some bus subsidies where buses are running back and forth to
some of the -- maybe the affordable housing developments to the
workplaces, that that might be a way that we maintain what we -- the
integrity of our system, but through a different component in this as
well, too.
So that hasn't been explored, and that's probably the only
component I probably haven't touched upon. But I would need some
guidance from the board that that's what they wanted me to pursue.
So I can answer your questions accordingly.
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March 24, 2009
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yes. So what's our shortfall of
money? They're talking like we have money that we can lend them to
do these intersection improvements.
CHAIRMAN FIALA: No, no.
COMMISSIONER HALAS: Well, there was only a small
portion. Somebody's got to come up with the rest of the money.
MR. CASALANGUIDA: Right. And I discussed this with
Norman Feder, my boss, and we said, you know, in this time we're
trending down on revenues, that the last thing we do is ask the board
or even transportation to try and plan or, you know, have a
contingency for additional money. We just can't.
And I think their idea of maybe us working together to put
committed improvements with a certain -- time certain with the
committed funding from the County, we can't do that.
So I think Mr. Y ovanovich's comment about doing some interim
improvements, we're also concerned about that. If we try and
band-aid this without buying other right-of-way or setting this up for
the ultimate, we're not leveraging our dollars probably the right way.
But I'm not saying we can't maybe make some of those turn lane
improvements consistent with the full design that would stay in place.
COMMISSIONER HALAS: The only way I would feel
comfortable on this is if they would -- if they would step up to the
plate and build those intersection improvements, engineer those
intersection improvements to meet the standards of the County, and
they put them in, and then have a realization of what's going to really
cost them.
Right now, I'm not going to -- I'm not going to put the County in
a position where we're going to loan them money or come up with
something and destroy the concurrency.
At that intersection right now, it's in a failing mode as far as I'm
concerned. I've been down there a number of times, and it's impacted
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at least six months out of the year anymore. So that's what my
concern IS.
And we've worked through this situation of this consortium, and
every time they come back to us, it's less and less commitment to the
money in regards to this thing. And we all know that the only way
that this is going to be properly addressed is if we can get the state
involved in this thing to where we build another flyover down there,
and that's the ultimate design.
MR. CASALANGUIDA: Well, to add a little bit to that, I think
what's left of the consortium all have provided me proof of letters of
credits of bond. So what's left is real. We would not commit any
funds, that's the good news, even with what we've proposed.
If I can do a balance of improvements and add some forensic
component to it, I might be able to get us there. And what I'll add that
we've talked about in the prior meetings; is I've got vested
development in trips that are banked. They're going to come online
anyway. And so the only thing to put on the table is I'm trying to
leverage this to get us to some point, but I can only work so far with
the dollars I have. So that's the position I'm in.
COMMISSIONER HALAS: Right, I understand.
MR. YOV ANOVICH: And maybe I didn't say this clearly.
We're not asking for any County money for these improvements.
We're funding the $8.2 million, which would include the ultimate
design of the flyover and our construction improvements within the
other section.
COMMISSIONER HALAS: Rich, the problem is, with the 8.2
million to do the study and everything; it's not going to leave enough
money to adequately address that intersection to address the traffic
needs when you start building on more commercial down there.
MR. YOV ANOVICH: But what you're getting, Commissioner
Halas, out of this is you've got that -- you've got that back-log problem
regardless. You're getting advanced funding.
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COMMISSIONER HALAS: You're compounding it. You want
to compound it.
MR. YOV ANOVICH: But what you're getting in response to
that is advanced funding from the developers to do the intersection
design that Nick doesn't have the money to do right now. So we're
fronting the ultimate design of the necessary improvements that he can
then go to the state.
CHAIRMAN FIALA: And maybe -- maybe I -- you haven't said
this, nor has Nick, so I'm going to just throw this on the table. As each
new -- as Kite comes in with theirs, as Target comes in, and as other
developments, there will be more money into this pot, as Olde Cypress
-- or Winding Cypress comes in. Right now they've dropped out -- so
by the way, that's also cars that will not be coming. We've got, what,
5-, 6,000 units, dwelling units that are to built in that area, at least
6,000 and -- that have no prospect of being built for the next five
years; is that correct?
So that -- you know, even though concurrency is based on all of
those figures, really we don't need them right now.
I wanted to ask you, is there some -- are we having a loop road in
there? One of the things we like are these connector roads. Are we
having a loop road in there from 951 out to U.S. 41 that will be behind
there?
MR. CASALANGUIDA: Behind the Target site, yes, there is.
It's connected from the Wal-Mart site to the Target site on 41.
CHAIRMAN FIALA: So would that, by the way, help with this,
being that now you're going to loop it through, just like we have on
Naples Boulevard, it's --
MR. CASALANGUIDA: It's not -- it's more of an
interconnected drive aisle as opposed to a loop road. I wouldn't call it
your typical loop public road, but it will provide access to both 41 and
951.
CHAIRMAN FIALA: Straight through, right? I mean, it's not --
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you don't have to go through a community or anything, it's just 951 to
41?
MR. CASALANGUIDA: No, it's -- through the commercial
areas, yes.
CHAIRMAN FIALA: Okay. So is that another factor that might
benefit them?
MR. CASALANGUIDA: It's a limited benefit. It wouldn't be
enough to solve that counting for concurrency, let's put it that way.
CHAIRMAN FIALA: Okay. Let's see. I wanted to ask a couple
other questions, but -- as I said, the paper trips. You've got maybe ten
years before some of these paper -- paper dwelling units actually come
onboard. And will that be enough time for you to work with these
people and come up with the rest of the roadway you need?
Right now even if we build the whole thing, we don't really need
it because -- I understand what Commissioner Halas said, but I drive
there every week, twice, three times, I haven't had any traffic there, as
all of the people from that area have moved out. You know, we've
had a lot of those people leave and go to other job sites as well as back
to other countries. It's been relatively smooth. I've never even had to
wait but one light. I mean, I haven't even had to wait for a light. I've
just gone right through them, so --
COMMISSIONER HALAS: You drive through red lights?
CHAIRMAN FIALA: Practically, now that they're putting up
cameras. Sorry about that.
MR. CASALANGUIDA: We have a --
CHAIRMAN FIALA: I didn't mean it quite like that.
But, anyway this is a unique intersection, as it's been pointed out
to me by Norm Feder; unusual compared to any other intersection.
And this Lowe's is vital to that. In order to prompt the other
businesses to come in, we've got to have a catalyst. And as far as I'm
concerned, this is the catalyst. If we want Super Target to come in
and if we want some of these other buildings to take place, we've got
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to let something happen. There's got to be a way that you guys can
work together to come up with getting this thing moving forward so
that we can all -- you know, you benefit by it as well as the people in
the area. So I know that there's got to be a solution to this.
Commissioner Coyle?
COMMISSIONER COYLE: I've got the solution.
CHAIRMAN FIALA: All right.
COMMISSIONER COYLE: But first, let's clear up the
alternative transportation idea. When people go to Lowe's, you know,
they're going to pick up a sheet of plywood, some lumber, pipe.
You're not going on a bus to do that, okay. So how's that going to deal
with that?
MR. CASALANGUIDA: It's not just Lowe's in that shopping
center. There's other developments in there. But my suggestion
would be -- again, your transit system is heavily subsidized right now.
One of the reasons people don't use it is the headways and, you know,
half hour, an hour to get there.
If we could find a way to work with them so that we're running a
half-hour service in and out of there from, let's say, a transfer, what
you have is the employees would use it, you'd have your shoppers
from the other plaza, they have a Target site that they want to put over
there.
So it would increase mobility. It's not catchall. Commissioner
Coyle, I would never, you know, pretend to tell you that. But it's an
asset. And if you can start providing that type of service on a more
consistent hourly basis or half-hour basis, it could mitigate for some of
the traffic.
I would hate to say that we can't do anything. Obviously transit is
one of those components that, you know, when your population hasn't
reached that tipping point where it's being used quite a bit -- but if it's
that half-hour turnaround time going from, say, the Habitat-type
environments to these developments for, you know, employment and
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from your other areas, it does pull traffic up. So that's a possibility.
It's not a catchall.
COMMISSIONER COYLE: I don't think we're going to change
people's driving habits quite so easily, but nevertheless.
How about a concurrency backlog authority and creating a taxing
area where you can tax -- I hope we can select to tax the boundaries of
the taxing area so that you could tax the people who are contributing
to the concurrency problem.
MR. CASALANGUIDA: That's an interesting prospect, because
I've looked it up. You can do that. You can identify the boundary,
you can identify the area that's defined, and you could have a certain
amount of time period before you do the improvements, and you could
levy a very small tax, and then you'd have something there.
That takes a while to set up. It has to go through Department of
Community Affairs. So it can be a three- to six-month process, maybe
longer. And that's something we could look into.
COMMISSIONER COYLE: Now, a three- to six-month process
is a lot better than saying, no, we're not going to do anything at all.
MR. CASALANGUIDA: By that backlog authority, you might
be including some developments that think they're vested, and we
might be getting into a --
COMMISSIONER COYLE: Maybe -- well, you can define the
limits of the authority.
MR. CASALANGUIDA: You can.
COMMISSIONER COYLE: And you can take vesting interest
consideration. So you could tax some of those properties that haven't
yet developed --
MR. CASALANGUIDA: Yes.
COMMISSIONER COYLE: -- and we know they're going to
need the capacity. They don't have the money right now to fund the
infrastructure. They will have it some day. Somebody will have it
because they'll want to develop that property. If you define the limits
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of the tax authority so that you can collect taxes from those potential
future users, then you can bond that stream of revenues, can't you?
MR. CASALANGUIDA: I'd have to get with Jeff and, you
know, do a little analysis to see if we could do that.
COMMISSIONER COYLE: Okay.
MR. CASALANGUIDA: But that's something I can look into.
COMMISSIONER COYLE: So rather than just saying no, we're
not going to do anything or can't do anything, why don't we see if we
can work out something like that that would make some sense.
Because if we can get a revenue stream established through a
concurrency management authority and a taxing -- geographical
taxing area, maybe there's something that can be done to make up the
difference in funding needed by what the developer can pay now and
what we will ultimately need.
MR. CASALANGUIDA: It's an interesting prospect. I like it. I
just don't know if it's going to be palatable to the people that live in
the area. I can explore it with Attorney Klatzkow.
And would it be your direction to proceed with this subject to the
County approving a taxing authority? Because I think they've got
some time-frame issues with the Lowe's, but I'll let Mr. Y ovanovich
speak for that.
MR. YOV ANOVICH: Yes, and what I would sug- -- and I like
that as a longer-term solution, but as an interim -- as an interim
solution, what we're proposing, I think your attorney will speak on it
as well, is to fund the design of the ultimate fix, construct
improvements necessary for us, and acquire right-of-way that you'll be
utilizing in the ultimate fix -- you may be a little short on the
necessary right-of-way for the ultimate fix, and you can use that
taxing authority maybe to acquire that right-of-way -- but at the same
time we're taking care of our impacts because we're constructing the
improvements to do that, and putting you in a position for the
longer-term fix.
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COMMISSIONER COYLE: Okay. Let's--
CHAIRMAN FIALA: And Jeff Klatzkow wanted to add--
MR. KLATZKOW: My -- I was talking to Rich off bar here for
a second. And Nick's going to have to confirm this with the numbers,
all right? But what Rich is telling you is that we're going to get the
plans for the full intersection build-out, okay, but we're not going to
get the full intersection build-out. We're just going to do enough
building to get the Lowe's sufficient concurrency, all right?
We're going to have to do the rest of the build-out whenever we
get that money, whether it's a year from now, five years from now, ten
years from now, whatever.
They might be willing to actually do the construction themselves
so they'll take the risk for that $8.5 million, so that we'll get the plans,
we'll get some ofthe right-of-way we're going to ultimately need, and
then build enough capacity for themselves.
Now, what this means is that the idea behind the original deal
was that we were going to do the ultimate intersection just once and
we'll be done with the construction, all right, because like Immokalee
Road, you know, you started out with one plan, then you said,
whoops, we need more roads, and it's continuous construction.
But what this plan's going to mean is there are going to be
multiple construction projects on this intersection, all right. That's the
downside to it. But depending upon the numbers calculation, you
know -- and I think Rich might be more optimistic than transportation
is right now, okay -- we might be able to do it that way, all right. So
it's a partial solution to get the Lowe's in.
COMMISSIONER COYLE: And that's fine, the concept's fine.
What we need to make sure of, to make sure all the commissioners are
comfortable with the process, because concurrency is a very, very
important principle for us. We don't want to get caught like we were
before.
But concurrency does really mean that you have the
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infrastructure necessary to accommodate the impact on the
infrastructure when it occurs, okay. So if we can have enough capacity
to meet Lowe's impact, we're meeting the concurrency requirements.
MR. YOV ANOVICH: And it's actually -- it's actually enough
concurrency for all of the participants in this 8.2 million, will which
be phased in over time anyway.
But yeah, there's enough capacity -- to answer your question, it's
just not Lowe's. Everybody's -- we're going to do enough
improvements to accommodate everybody who is benefiting from the
DCA.
COMMISSIONER COYLE: Okay. But we still haven't
developed the intersection to its ultimate design yet.
MR. YOV ANOVICH: Correct.
COMMISSIONER COYLE: There will be other people coming
onboard over time, and they will have to pay their proportionate share
when the time comes, hopefully in time for us to build the
infrastructure before they complete their infrastructure, right?
MR. CASALANGUIDA: Right.
COMMISSIONER COYLE: Is there a downside to that other
than the fact that the intersection could be constantly under
construction for a period of years?
MR. CASALANGUIDA: I'm trying not to do this piecemeal,
which that's the downside. And with an intersection improvement,
when you start to get -- other than right-turn lanes, typically you start
to get into the alignments and the shift, you can't almost fix one
component without touching another.
COMMISSIONER COYLE: Okay.
MR. CASALANGUIDA: And I don't know if we can -- I don't
want to mislead both the applicant or the board that I can do this all
with maybe just a couple of turn lane improvements. I think I need
the board to understand that there's going to be some turn-lane
improvements, we're going to do some congestion-management
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improvements, we're going to do maybe ITMS, intelligent traffic
management system, maybe we'll do some bus subsidies. I'm going to
try to put everything I can in this to get it to the point where it's both
legal and we get some real improvements that you feel it.
But I don't think I'll have enough to do it all. Now, I will pursue
the taxing authority with Attorney Klatzkow and see where that goes.
The question that comes up, and I hear the applicant is, I can't do
this in two weeks.
COMMISSIONER COYLE: Yeah.
MR. CASALANGUIDA: And this is obvious, it takes a little
time. If you want me to bring you back a comprehensive agreement in
two or four weeks that says we'll do certain things later and we feel
comfortable we can do those, such as the taxing authority or looking at
different components, I can do that.
I just don't know if! can pull all this together, you know, lock
myself in a room with these folks and try and come back in two
weeks.
COMMISSIONER COYLE: I understand that and we don't have
all the answers right now. We do need more information before we
can make a final determination. But as a guiding principle, at least
from my standpoint, we no longer have the luxury to say, we're going
to build the ultimate intersection all in one step. We can't do that
because we'll never get it done, and businesses won't be able to do
something.
Now, you know, here what I see could possibly happen that is
good for us. If we find a way to finance enough infrastructure for this
builder, when that builder completes their property, their property
taxes are going to be a lot higher, aren't they?
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER COYLE: Okay. Those property taxes come
into our coffers. We traditionally spend anywhere from 20 to 30
percent of our -- or fund 20 to 30 percent of our transportation budget
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from ad valorem property taxes.
So if we can work out a way to have this property developed and
completed, we get more money, which helps us do the other work.
And the key is that we must never fall behind on concurrency. But as
long as you can keep ahead of the demand, then that's what
concurrency's all about.
MR. CASALANGUIDA: With that taxing component you're
talking about, you earmark that tax to this intersection, which is, you
know, something we've never talked about this. But if you said, in
this area the taxes that are generated from this development will also
come directly towards this improvement, maybe we're kind of getting
somewhere, and I'll have to explore that again a little bit more.
But that means the board would be committing general fund
revenues or tax revenues from a geographic area and saying we're
going to set those aside to keep working on this intersection.
COMMISSIONER COYLE: It's sort of like a CRA, quite
frankly.
MR. CASALANGUIDA: It is.
COMMISSIONER COYLE: It will just have to be a
concurrently management authority.
MR. CASALANGUIDA: I'm okay with pursuing that.
COMMISSIONER COYLE: And that means we can maintain
our principle of concurrency while, at the same time, permitting
something that is good for the economy.
MR. CASALANGUIDA: Okay. If that's the board's will, I will
try and pull things out of my bag and work with these folks and the
County Attorney and come up with something that makes sense.
COMMISSIONER COYLE: But just understand that we haven't
made a decision on what you're going to do yet. I'm just asking for
information, okay.
MR. CASALANGUIDA: Okay.
COMMISSIONER COYLE: That's all I'm asking for. And then
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we can throw it in the hopper the next time you come before us, and
the board can decide what they want to do with it.
MR. CASALANGUIDA: That's fair.
CHAIRMAN FIALA: One of the things Norm mentioned in my
office was, we're talking about building this whole intersection and
building -- you know, eventually building a flyover, but much of this
is state, and he's saying that's -- the only problem that he has is state
isn't -- through all of these three roads that are coming together here,
they're all state roads, they're not dropping in a dime on this stuff.
We're doing this all by ourselves.
And Norm was just hoping that somehow, some way, you know,
we could get state to chip in and do something on here. And I just -- I
thought I'd just throw that on the table, because we haven't gotten any
cooperation from them.
MR. FEDER: Yeah. I think two things. First of all, the issue
that's been raised -- and we have a short time frame -- but we may try
to see if there's any way we can get a lousy three P, public/private
partnership, see if that can maybe entice them, especially if we do
something like this taxing concurrency area. And so that's an option.
The other is, as we get the project production ready, the closer it
gets to production ready, the more we have the ability to try to push
DOT, as much as that's possible, into possible construction.
CHAIRMAN FIALA: Thank you.
Go ahead, Commissioner Halas.
COMMISSIONER HALAS: You know, we've got some great
ideas here, but what I see happening in Tallahassee with the Taber
amendment, you're not going to get that -- those funds that you're
talking about for taxation to make intersection improvements. So let's
be realistic about this.
This board has worked diligently and very hard to make sure that
we've had concurrency, that we spent the money wisely to build
intersection improvements to address all these issues, and now we're
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almost to the point here where we're saying we're going to try to throw
this out the window.
I don't think that taxation is going to work, and I don't think that
you can count on the property taxes increasing in this community.
You're going to have a cap on that, and you're not going to have the
revenues to work with it.
So I've got some real concerns because there's so many bills up
there where they're trying to take all sorts of revenues away from the
counties, and then, as was just stated by the commissioner that lives in
that area, we're looking for revenue sources. We've discussed this
with FDOT, that that should be on the SIS, and they won't even
address it, U.S. 41, or they won't address the State Road 951 in that
area.
So we need to have help. We can't do this all by ourselves, and
they want us to go out there and flog the developers to come up with
these agreements.
This thing is so convoluted that I don't -- I'm not going to jump
on the bandwagon until we figure out if we're going to have that
ability and ifthere's going to be some -- some guidance by the state
telling us that if go out there and tax to do intersection improvements
or road improvements, that they're going to end up taking that money
away from us or limiting the -- our abilities. So I have some concerns
on all this whole issue that we're talking about here.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Well, you're not going to get any
argument from me about the issues dealing with our legislators in
Tallahassee. But the point is, we're authorized to do this right now
under the state statute. It's not something that is pending legislation
and, to the best of my knowledge, there is no bill before Congress or
before the state legislature which will remove this capability. So I see
no threat at all to our ability to do this. But I will put the caveat in that
we don't have all the information. We're just saying study it.
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Now, I don't know if it will work, but all I'm doing is asking for
information. Why would we want to reject a proposal to collect
information on something that might work? Let's get the answer to
this thing.
And secondly, it is a concept that protects our concurrency
process. It doesn't undermine it. So, you know, what are we arguing
about here? I think what we need to do is say to you, let's collect the
information. If it's a good idea, come back and make the presentation
to us, see if it -- see ifthere's a way to make it work.
COMMISSIONER HALAS: So long as we also have the County
Attorney opine on in regards to -- if he feels that some of the
upcoming legislation that mayor may not be passed, how it's going to
affect our road proj ects here in the County or any other thing that
deals with concurrency.
COMMISSIONER COYLE: Well, you see, the problem is that
seldom does legislation become retroactively. Ifwe develop an
agreement based upon the current Florida Statute, the fact that this
session of Congress might -- or session of the legislature might change
the statutes, our agreement should still be effective.
So let's just go ahead and get the answer to these questions. Let's
not block the road just because we don't have all the information.
MR. YOV ANOVICH: What I was to ask is, if we can do these
as two concurrent steps, because I think -- I think we're -- we're adding
two things at the same time.
What we're proposing is an agreement with the smaller
consortium to fund the ultimate design and fund the improvements
necessary to serve those, and any extra money left over from that, the
County could then use to buy additional right-of-way for the ultimate
fix. That would be one agreement.
And then -- and that could go forward because we would be
taking care of the impact of those developments through that
agreement in that intersection and not sacrificing concurrency.
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The longer-term solution, I think, is the ultimate improvements
and what are the funding sources for the ultimate improvements,
which I think is this potential taxing authority or whatever those are. I
think that needs to be explored, but that you could slow -- if we focus
so much on that, it could slow down the first -- the first thing. And
without the first thing, then there is no second, because Lowe's goes
away. If Lowe's goes away, there's no consortium, and then there's no
-- there's no money for the ultimate design, and that doesn't work.
COMMISSIONER COYLE: Again, the definition of
concurrency is that you have infrastructure available when the impact
occurs. As long as we meet that principle and satisfy the principle of
concurrency, that seems to be a reasonable approach. But we need to
have assurances that that is, in fact, going to happen, okay?
MR. YOV ANOVICH: We need to give you a study as to what
our project impacts are.
COMMISSIONER COYLE: Staff has to agree to that study.
MR. YOV ANOVICH: Right.
COMMISSIONER COYLE: I mean, you can give us anything
you want to, and we're not going to pay any attention to that.
MR. YOV ANOVICH: If! get it from an engineer, will that
help?
COMMISSIONER COYLE: No, that's even worse.
MR. FEDER: We want to see the traffic impact statement and
evaluate that on the surface though, as much as we want to make this
work. I'm going to tell you, a lot of concern on the two-lane 41
whether or not a turn-lane improvement that might be able to be done
with 8.2 is really going to meet concurrency, and we're not going to
budge on that.
That's why I think bringing up the taxing and other opportunities
-- and we may be needing to look at this in other places in the future --
we'll try to do that fairly quickly. We're not looking to hold up
Lowe's. And we will try to work with their numbers. And if their
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numbers work, of course, that, I think, is the answer. We're not trying
to go outside of the concurrency system in any way.
COMMISSIONER COYLE: Okay.
CHAIRMAN FIALA: Okay. So if! make a motion that says
that -- I would like to make a motion that they use their $8.2 million to
make the improvements necessary to accommodate the impact that
they would have on the road plus using some of that money for the
design for the impact that other people will make on that road, that
would answer your needs?
MR. CASALANGUIDA: I got to -- I want to be --
COMMISSIONER COYLE: No.
MR. CASALANGUIDA: Full disclosure. I can't make it all
work with $8.2. You're going to have to consider some mobility in
transit, you're going to have to consider some interim improvements,
and you're going to have to consider other things as well, too.
CHAIRMAN FIALA: Okay. So then my motion would have to
include the mobility portions that you must have in order to meet the
letter of the law, is that correct, within that $8.2 million?
MR. CASALANGUIDA: The intent of the law.
CHAIRMAN FIALA: With the intent of the law.
MR. CASALANGUIDA: I think we're going to be looking at
some variations. I'll bring you back something and it will be like a
menu, and I'll try and quantify each one of those things to where it
gets us and what the value would be --
CHAIRMAN FIALA: So is it better then that we just wait until
you bring this back --
COMMISSIONER COYLE: Yes.
CHAIRMAN FIALA: -- or --
MR. CASALANGUIDA: Yes.
MR. KLATZKOW: Commissioner, ifhis numbers are right and
they can confirm that, you'll have a DCA at your next meeting. If his
numbers are not right, there's not enough time to get this done.
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CHAIRMAN FIALA: We're going to lose the Lowe's, right.
MR. CASALANGUIDA: I've done this like seven times.
CHAIRMAN FIALA: And they've waited for nearly three years.
I think they're done.
MR. CASALANGUIDA: I'm going to need a little bit of time
because there's a lot of work that goes into this thing, and if I'm
dropping everything else for the next two weeks and working with
these folks, maybe I can get something by the next board meeting, but
that means we're supposed to have something at the County Manager's
Office in a week. It has to go through legal sufficiency. I've got to get
it quantified through an engineer, I need exhibits done. That doesn't
happen in two weeks, I can tell you right now.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: I got one question. We're talking
about Lowe's. How many other commercial projects are located on
this road? Because there was talk about, well, this is just one of many
that's going to have to accommodate this intersection. So what are we
talking?
MR. CASALANGUIDA: You're talking about a Target
commercial site on 41, you're talking about, I believe, an ABC Liquor
site north of CVS, and you're talking a residential component on 41 as
well, too.
COMMISSIONER HALAS: Okay.
MR. YOV ANOVICH: Keeping in mind though, the only two
that are imminent is Lowe's, who's got a building permit ready to go,
and I believe ABC Liquor's is pretty close to imminent, which is 11-
or 12,000 square feet, maybe -- it's less than 20, I can't remember, but
we did that fairly recently.
The other one is nowhere near imminent, okay, so it's not
jumping in on the system anytime soon. So what we're proposing is
we'll give you a study that shows the impact of all of those people, but
the impact is not going to be immediate. The only one is Lowe's.
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March 24, 2009
And as I've told you, the economic benefits of that Lowe's is pretty
nIce.
MR. FEDER: Madam Chairman?
CHAIRMAN FIALA: Didn't we allow the Wal-Mart to just fix
their section --
MR. YOV ANOVICH: Absolutely.
CHAIRMAN FIALA: -- to accommodate the impact they made
right down -- right across the street and down one, right? We just
allowed them to just fix their impact. And so I would think we ought
to do the same thing.
MR. FEDER: Madam Chairman, that's exactly what we're
talking about, and theirs did fix it. And if what they give us fixes it,
then we don't have further discussion, if we can show that to you and
confirm it.
CHAIRMAN FIALA: Okay.
MR. FEDER: I think -- I think the only question I'd like to ask is
we try to expedite because we have a short time period here.
What was just said was that while there are other members that
are bringing this 8.2 together, the smaller consortium, that if Lowe's is
ready to come on and the others are ready to put up their money and
stipulate that until further capacity is established they will not develop,
that may help solve this very quickly. I'm not sure they can say that,
but that's what I just heard is -- in other words, I can't make an
agreement that says I've got enough capacity to meet Lowe's and I'm
also authorizing others writing those checks --
CHAIRMAN FIALA: We're not even talking about that.
MR. YOV ANOVICH: We have not asked for that.
MR. FEDER: I know you haven't.
CHAIRMAN FIALA: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Let me see if I can help.
You can put it on the agenda right now. You don't have to do any
research at all. You know exactly what it's going to be, okay? You
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know that we're going to be back here considering an agreement
between us and the developer to do certain things. You know what
they're going to -- we're going to do. We're going to maintain
concurrency, and ifit permits them to proceed and they can -- we can
maintain concurrency, then we've got a deal. Ifwe can't, we don't
have a deal.
Now, so that gives you two more weeks to work with Mr.
Yovanovich to decide whether he's right. If you feel he's right, you
come back and you tell us. If you feel he's wrong, you come back and
you tell us.
It shouldn't take a lot of time, Nick, I don't think. I mean, I
appreciated these things are complex, and more complex than I
recognize. But I mean, you guys can do fantastic things in a very,
very short period of time.
MR. CASALANGUIDA: Sure can. I won't let you down.
COMMISSIONER COYLE: Okay. I knew you wouldn't.
MR. CASALANGUIDA: One comment to touch on what you
said, Commissioner Coyle. It's not that they'll be in place. They'll be
committed to be in place. So I don't want to mislead you that we'll
have turn-lane improvements when they open up. Ifwe pull this
together, what we're going to bring back to the board is an agreement
and identified improvements, whether it's a combination transit,
turn-lane improvements, ITMS, intelligent management traffic system,
that we get enough capacity to be brought online, committed capacity,
that we'll get through it within X amount of time after the design is
done and we acquire some right-of-way that let's them go.
And that's the way the concurrency system works right now. If
we've got a committed agreement to get something in the ground
within two or three years and it's by contract, then we can count on
that capacity. Because one thing to touch on is you've got a lot of
bank paper trips, so your failure is more of a paper failure than it is a
real on-the-ground failure. So that's the time frame we have to work
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March 24, 2009
with. So I'll bring you back something --
COMMISSIONER COYLE: You know we don't want to be left
holding the bag.
MR. CASALANGUIDA: Exactly.
COMMISSIONER COYLE: We want to have a good solid
agreement that meets their needs and meets our needs and that
respects our concurrency system.
MR. CASALANGUIDA: Very good.
CHAIRMAN FIALA: Okay. So you have marching orders then,
right? I don't think you even need a vote from us. You'll be back in
two weeks.
MR. YOV ANOVICH: Okay.
MR. OCHS: Three weeks, ma'am.
CHAIRMAN FIALA: Three weeks. That gives you an extra
week, Nick.
MR. CASALANGUIDA: Open up your pocketbooks.
MR. YOV ANOVICH: It's 8.2. You know the number.
Item #8A
ORDINANCE 2009-14: RECOMMENDATION THAT THE
BOARD OF COUNTY COMMISSIONERS ADOPT AN
ORDINANCE AMENDING THE COLLIER COUNTY
CONSOLIDATED IMPACT FEE ORDINANCE, WHICH IS
CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES, BY INCORPORATING DIRECTED
CHANGES TO THE REQUIREMENTS FOR THE ASSESSMENT
OF IMPACT FEES FOR CHANGES OF USE IN EXISTING
BUILDINGS THROUGH THE IMPLEMENTATION OF THE
IMPACT FEE PROGRAM FOR EXISTING COMMERCIAL
REDEVELOPMENT - ADOPTED (COMMISSIONER COLETTA
OPPOSED)
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CHAIRMAN FIALA: Okay. Now do we go to 8A?
MR. OCHS: Yes, ma'am. Go to your advertised public hearings.
8A is a recommendation that the Board of County Commissioners
adopt an ordinance amending the Collier County Consolidated Impact
Fee Ordinance, which is Chapter 74 of the Collier County Code of
Laws and Ordinances, by incorporating directed changes to the
requirements for the assessment of impact fees for changes of use in
existing buildings through the implementation of the impact fee
program for existing commercial redevelopment.
And Ms. Amy Patterson, your impact fee and EDC manager, will
present.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER HENNING: Second.
MS. FILSON: I have one speaker.
CHAIRMAN FIALA: And I just wanted to make maybe a slight
adjustment to it but -- okay, Commissioner Halas?
Amy, your presentation is great so far. But Commissioner
Halas?
COMMISSIONER HALAS: Yes. The only concern I have, but
I think I can live with it, and that is the fact that some of these
commercial properties that were zoned for one particular type of item
-- and if they are zoned for something that may have even a larger
impact on our transportation needs, hopefully it will be in a TCMA
that maybe won't show the impact to be that great, but it may be
around that area.
The other thing is, this is for a short period of time I believe; is
that correct?
MS. PATTERSON: That's correct. The period for the total
program is two years, but we're reporting back to the board with --
COMMISSIONER HALAS: One year's time?
MS. PATTERSON: In one year's time.
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THE DEPONENT: So -- that was my only concern is the
amount of impact that it may have, or it could be impact as far as law
enforcement or things of this nature. So I just wanted to get that on
the record, too.
CHAIRMAN FIALA: And also, I had spoken to Joe Schmitt
about this, and we had kind of a great conversation about the
minimum of five years. And Joe said, it really doesn't make any
difference. You could be two years, three years, five years, just what
we're trying to do is just get old buildings off the -- you know,
occupied again rather than just sitting there as empty buildings.
And pardon me, Joe? Go ahead. Did I -- did I misspeak?
MR. SCHMITT: For the record, Joe Schmitt. I'll just clarify. It's
up to the board if you want to two-year, three-year, five-year. We
suggested five just to prevent this -- somebody coming in under the
guise of one use and then two years later doing something else. But if
two years works -- one year becomes a problem. We think --
CHAIRMAN FIALA: Yeah. We wouldn't want to do one year.
MR. SCHMITT: Yeah.
CHAIRMAN FIALA: But I thought just maybe -- one year
would be -- then that would encourage something like that. But I
thought if we could move that to two years rather than five years, that
just might encourage more people to occupy some of the empty spaces
and get businesses to start moving and hopefully even to bring in some
new businesses because now they have a place to go and get some of
these things off the marketplace.
But I was just going to ask my fellow commissioners if that
would be okay. I first talked to Joe, and he seemed to think that would
be all right.
COMMISSIONER COYLE: I thought we approved two years.
CHAIRMAN FIALA: See, you know what, at first I did, too.
What it was is, we said in two years we'll come back. In two years
this is supposed to end, but we can come back and extend it, but the
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building itself, the building age, has to be --
COMMISSIONER COYLE: Five years.
CHAIRMAN FIALA: Yeah, five years right now. And I'm
saying the building age could be two years. In other words, they
haven't built it and let it just sit there. They get more off the -- off the
COMMISSIONER COYLE: I would agree with that.
CHAIRMAN FIALA: Okay. How about others?
COMMISSIONER COLETTA: I do have some comments.
CHAIRMAN FIALA: Okay. Did you agree with the two years
versus five years?
COMMISSIONER COLETTA: No. I'm just having a hard time
agreeing with this, period.
CHAIRMAN FIALA: Okay. Oh, I see, okay. Commissioner
Henning?
COMMISSIONER HENNING: I'm trying to help him out.
CHAIRMAN FIALA: Oh.
COMMISSIONER COLETTA: That's okay. I got my light on.
CHAIRMAN FIALA: Okay. Well, go ahead, and I'll get my
answer later then, I guess.
COMMISSIONER COLETTA: Oh, no. Go ahead,
Commissioner Fiala. I didn't mean to jump in front of you. I thought
you were --
CHAIRMAN FIALA: No, no. I was just asking.
COMMISSIONER COLETTA: Go ahead.
CHAIRMAN FIALA: I was just trying to change the building
age from five years to two years, and I was just getting the feel of the
board.
COMMISSIONER HALAS: I think we ought to stick with five
years because that's -- when you get properties five years or older,
that's harder to get that moving than something that's two years. So I
would like to -- if we've got anything that's open five years or more,
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that's what I think we need to really give the break for so that it doesn't
become a blighted thing.
A building that's two years, chances are it won't become blighted.
But something five years or older, it could become blighted, and I'd
just as soon get that occupied before the newer stuff.
CHAIRMAN FIALA: I was just thinking maybe of businesses,
to stimulate business moving.
COMMISSIONER HALAS: This will do it.
CHAIRMAN FIALA: Commissioner--
COMMISSIONER COLETTA: Coletta.
CHAIRMAN FIALA: -- Coletta.
COMMISSIONER COLETTA: Yes, thank you very much.
In our package there was a letter from a constituent of
Commissioner Halas that I'd like to read into the record:
As an owner of a commercial property in Collier County, I
strongly urge you to vote no to a change of use ordinance at your
3/1 0/09 meeting. I designed my building for medical use and paid the
higher impact fees in order to have a competent advantage in a soft
retail market such as we are presently facing.
If you vote for this ordinance, you will eliminate my advantage,
fully reduce my property values, and give others a property right they
don't deserve and haven't paid for it. I don't understand the
commission's desire to approve this ordinance based on the testimony
of a real estate sales special interest group. It is only logical to assume
that there are adequate opportunities to medical tenants to find rental
spaces and properly licensed space when the soft rental market has
affected all users across the board. It sounds to me like feel-good
legislation.
If your objection (sic) is to promote jobs and meaningful growth
that our local economy so desperately needs, I urge you to
substantially lower impact fees, which will at least maintain some
equality by treating other commercial property owners.
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March 24,2009
In our recommendations from staff -- and it went on to say that a
status report be presented to the board in, well, one, two years. But if
the BCC doesn't wish to hear each request for -- I'm sorry. Let me get
my notes. I had about four pages of notes on this, because I tell you, I
think we're missing the boat on this.
At this point in time we have a tremendous amount of empty
buildings out there. We're talking about taking people from buildings
that they're presently renting and they're paying a higher rent because
the impact fees are where they are and allowing them to move into
buildings with substantially lower rent because they haven't paid the
impact fees.
Once again, I would have been a benefactor of this if it changed
some time ago, but I understand that the fairness wouldn't have been
in my court when the -- a -- I was approached to rent a commercial
property out that I owned to a girls' gymnastics studio. And at that
point in time, I found out it would cost me $30,000 more in impact
fees to be able to allow them to come in.
Well, after I talked to staff, I realized it was only fair. The
impact fees that had been paid on my building weren't for the kind of
retail use that it had experienced over the last 15 years or so.
Now, what would happen, if it was allowed, the places where --
medical now, the people have moved out of are no longer a
consideration. They can't compete.
I'm having a problem with the basic philosophy that staff can
handle this without any oversight from us. I could approve this 100
percent if we had the commission enter in on every one of these
transactions. In other words, one comes up, we can take a look at it
and it come before us and we'd be able to weigh it on its merits,
compared to where it is these people are coming from.
If they're going to be moving from a place that's been duly
licensed and the impact fees have been paid in full into another place
down the block, what purpose have we served? These people have
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paid the fee, they've paid the right to be able to expect the kind of
treatment they deserve, and we're taking that away from them.
And across the board it's so different. I mean, if one of these
wanted to locate out at -- by Orangetree, a medical facility, there is
nothing out there right now. So what problem would it be? It would
be none, but the commission could weigh into it.
If they wanted to go down to Wilson and Golden Gate, we have a
place we recently approved with 60 percent medical that's going to go
in there. This man does not stand a chance of ever being able to build
that medical as long as this law exists, because he's excluded from this
business of impact fees being reduced.
They're going to go across the street where there's empty places
and these people don't have -- they haven't paid the impact fees that
would cover medical, which is substantially more. So he is going to
be hurt by it.
So, please, I ask for you to give due consideration. Go ahead and
pass it but pass it with the caveat that each one of these has to come
back for consideration. You're not doing justice to the people out
there that have paid their just fees. Now I said it.
CHAIRMAN FIALA: Well, personally, what I think is, there
might be a few buildings out there that they've built, but I think that
there are a lot of people who haven't been able to afford to stay in their
buildings because the rent's been -- I saw that. And you know what he
thought? He thought that's a special interest group that's prompting us
to do that.
COMMISSIONER COLETTA: Well--
CHAIRMAN FIALA: You know, that's what he said. He said
some kind of special interest group. Heck, that came from a
gymnastics group, right? I mean, that's where we first started.
I had the same gymnastics group approach me, and that
gymnastics group wanted to get into a place that was a trucking
business. There's nothing that's more impactive than a trucking and
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storage warehouse, and they were going to be charged $30,000 more
to move into something that was already that high impact, and they
only operated a couple hours in the evening. So you see, I think that
we can stimulate this.
COMMISSIONER COLETTA: No. You might not,
Commissioner Fiala. How many places were already zoned and paid
the impact fees that would allow that gymnastics group to go in there?
CHAIRMAN FIALA: Well, they had. It was already owned.
The impact fees had already been paid --
COMMISSIONER COLETTA: No, no, I know that.
CHAIRMAN FIALA: -- for the trucking business.
COMMISSIONER COLETTA: But it paid a sufficient amount.
There may have been empty -- we don't know. This is one ofthe
reasons why I want it to come back. There may have been gymnastic
-- there might have been items out there where they paid the impact
fees even in excess of what was required, and these places are going to
go for want, because you set your rent according to your cost to do
business. The cost to do business reflects the impact fees you paid up
front. We're not doing these people justice when we do it this way.
CHAIRMAN FIALA: You know what, it's interesting you say
that. And how many businesses have we heard of just in this past year
that have said, I'm sorry. It looks like we're going to have to move
because we can't afford the rent, and all of a sudden the rent drops by
a thousand dollars a month. It's just amazing, right? So you think
they didn't put people over the barrel? Oh, yeah.
COMMISSIONER COLETTA: Well, yeah, but -- our own staff
comes back, Commissioner Fiala, and they say in their report to us
that in the past they have had people come to them, and when they
refuse them, that these people went back out and found the proper
place to be able to go as far as where the impacts have been paid.
Right there --
CHAIRMAN FIALA: Only when they were threatened with it,
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right?
COMMISSIONER COLETTA: Read the report the way it is
there. The thing is is that you're going to hear people coming back
there, I know you will, and they're going to say, how can you do this
to me after I paid my impact fees? All I'm asking for is the oversight
of the commission on each one of these things.
CHAIRMAN FIALA: Oh, you just want -- oh, oversight on each
and every one that wants to move in?
COMMISSIONER COLETTA: Yeah. There's not going to be
hundreds. There's going to be a number of them, but to be able to -- to
be able to weigh it to make sure we're not doing injustice to those
people that have already paid their impact fees.
CHAIRMAN FIALA: Commissioner Henning, you looked like
you wanted to say something.
COMMISSIONER HENNING: Yeah. Can the three of us take a
break while you guys discuss?
CHAIRMAN FIALA: I'll take a break with you.
We have a speaker, and our County Attorney?
MR. KLATZKOW: If the board wants to entertain reviewing
these on a case-by-case basis, my recommendation is that we're going
to have to take it back to you because you're creating a quasijudicial
format here. You're going to have to have criteria. I mean, otherwise,
what are you going to base your decisions on?
CHAIRMAN FIALA: I don't like to get into private business.
MR. KLATZKOW: You create a quasijudicial proceeding by
doing this, and I'd like to bring it back if that's the direction of the
board.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HENNING: No. We already have a motion
and second.
COMMISSIONER HALAS: I think we've got a motion on the
floor, and the motion is basically what staff recommends, and that's a
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five-year -- a building that's five years or older that's paid its impact
fees. I think that's what we basically discussed earlier on before we
had staff bring this back to us. So that's where I stand on this thing.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I can't argue with that
either. But let's look at the practicality, and I'll try to be brief with
this.
I'm going to build a building, and I'm going to shell out the
money for a medical building. Now, I have a choice. I can build a
medical building; I can build an office building. But I made the
choice to build a medical building. Why? Because if I was really
smart, I would have a tenant in mind, okay.
I'm not going to pay that impact fee unless I've got somebody
that I think is going to rent that thing from me buy it from me;
otherwise, I'd just build an office building, pay a lot less in impact
fees, all right?
Now, I've got somebody and -- to move into my medical
building, and so I'm going to build my medical building, I'm going to
take the chance and I'm going to pay that high fee, and then the client
drops out and I'm left holding the bag, okay. That is not the
government's fault.
What we're trying to do is stimulate the economy and get some
older unoccupied buildings off the market. Yes, somebody might be
hurt, but people make decisions when they go to move their -- into a
building. They make decisions about location and cost and timing and
convenience. And if they're not moving into that building that is
already a medical building, there is a reason they're not moving there.
It might not be in the right location, it might be too expensive.
So you know, we can't get involved in trying to make regulations
that deal with all of those variables. Business is risky just like farming
is risky. The weather changes tomorrow and everything is gone. It
happens. We're trying to deal with the majority of the issues and to
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try to deal with a severe economic decline, and this is a way of doing
it. And it's not going to be perfect. But if we try to make it perfect,
we'll get absolutely nothing.
CHAIRMAN FIALA: Thank you. We have a speaker also.
COMMISSIONER COLETTA: I was going to speak, but I'll
wait till after the speaker.
CHAIRMAN FIALA: Okay.
MS. FILSON: Paul Sullivan.
MR. SULLIVAN: Come here?
MS. FILSON: Yes, sir.
MR. SULLIVAN: Good afternoon. I will be brief. I just wanted
to talk in support of this proposal.
My name is Paul Sullivan. I live at 1330 Caxambas Court on
Marco Island. Now, in Marco Island, we first bought in '85. We've
been living there permanently since '99, and we've seen a lot of
changes, most of them really good.
One of the changes that we have seen, at least in Marco Island,
has been a lot of doctors. We've had some doctors retire, we've had
doctors leave the area, we just had a doctor that died, and there aren't a
lot of doctors coming in.
So what are some of the reasons why some of them aren't coming
in? Some of the factors that I'm told when I've talked to different
folks and so forth is the fact that at this point in time, there's a lot of
loss of revenues that come from Medicare patients and so forth. I'm
not expecting you to do anything about Medicare. That's not
something you can do about that.
Another area is where -- I know in Marco Island, there's special
zoning permits that are required for parking and other kinds of area
and so forth. I'm not asking you to do something about that. But I am
asking you to support this particular function because I think you can
make a difference and so forth there.
I'm not aware of a lot of areas on Marco Island, whether it's
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medical buildings that have been built. As a matter of fact, there's
very few. But I would like you to consider one thing is that as you do
do this thing -- and I think it is the right thing to do, and you're
attracting some potentially young doctors or other doctors and so forth
to the area, it's not just the doctors that you're bringing in, but you're
bringing in nurses and receptionists and so forth.
Now, when you're taking an older building like you've been
proposing, you're talking about build-out costs too, because people
don't just say, okay, I'm going to take this deserted hardware store and
all of a sudden tomorrow it's going to be a medical facility. It's got to
be changed. And now you're talking about other people making
changes in construction and so forth and so on.
So for me, the bottom line is that this is good. I see in the papers
where they're trying to advertise. They've got people now to go off
the island, go off the island, because we've got some doctors and so
forth over in Naples or some other areas.
Well, it seems to me that's exactly what in many cases you don't
want to do because you don't want the people clogging up the roads,
particularly during the busy time of the year and so forth.
So from that perspective and so forth, I would say to you I think
you should support it. Just as an aside from my experience in the
business world and so forth, I wouldn't want to be in your shoes trying
to review this stuff on a case-by-case basis. That would be a
nightmare as far as I was concerned. But, again, maybe you've got a
better way of doing that.
But thank you for listening. Appreciate it.
CHAIRMAN FIALA: Thank you, Mr. Sullivan.
And now we have -- okay, Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you, Commissioner
Fiala.
Once again, unintended consequences is what I'm worried about.
But I'm not opposed to doing this. What I'm opposed to is the fact that
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the unintended consequences could hurt.
Now, Commissioner Coyle mentioned the fact that, you know,
we can't be responsible and -- but we are responsible. We're the ones
that set the impact fees in place. We're the ones that got it so far out
of line that the medical community can't afford to be able to build
buildings and be able to pay the right rate, so we do bear some
responsibility.
At least if we're not going to consider, you know, a case-by-case
basis which could be on the consent agenda, then at least lets bring it
back in six months just to be able to get a report from staff how it's
going, make sure that we haven't caused some sort of disaster out there
for those people that made investments and are caught short because
of it. And we may find there's nothing, but do we really know that?
CHAIRMAN FIALA: Well, I do believe that staff will be
coming back within one year to --
COMMISSIONER COLETTA: One year.
CHAIRMAN FIALA: -- tell us the impacts.
COMMISSIONER COLETTA: The difference between six
months and one year is six months more of damage it could be if
everything's going wrong. There's no safety measure in here. It's one
year out. That's a real concern of mine. I'm sorry I'm making such an
issue about it, but we have to go by our conscience up here on the
dais, and that's how I feel about it.
CHAIRMAN FIALA: Okay. We have a motion on the floor and
a second. Does anybody want to change that motion a little bit?
(No response.)
CHAIRMAN FIALA: Okay. We have a motion on the floor and
a second.
MR. OCHS: Madam Chair? Excuse me. Over here.
COMMISSIONER HENNING: Oh, we're just about there.
MR. OCHS: We just -- I need some clarification, I don't know
about the County Attorney. There was some discussion about whether
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the minimum building age was going to remain at five or whether it
was going to be some other number.
CHAIRMAN FIALA: I think the commissioners down here said
they -- the ones who motioned and seconded --
COMMISSIONER HALAS: Five years.
CHAIRMAN FIALA: -- say they want it to remain at five. I
will accept that. I feel two is much, much better for our business
community. But if five is it, then I'm going along with that.
MR. OCHS: Very good. Thank you.
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: That is a 4-1 vote. And now we will take
a break. Thank you. For ten minutes.
(A brief recess was had.)
MR. OCHS: Madam Chairman, you have a live mike.
Item #10H
RECOMMENDATION TO APPROVE A RESOLUTION
AUTHORIZING THE POSTING OF NO TRESPASSING SIGNS
PERTAINING TO A DRY RETENTION POND THAT IS
LOCATED JUST SOUTH OF THE INTERSECTION OF
MICHIGAN AVENUE AND 12TH STREET NORTH TO
PROMOTE AND PROTECT THE WELL-BEING OF THE
GENERAL PUBLIC - MOTION TO WORK WITH NEIGHBORS
TO COME UP WITH PLAN - DENIED (COMMISSIONER
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March 24, 2009
COYLE, COMMISSIONER HALAS AND COMMISSIONER
FIALA OPPOSED)
CHAIRMAN FIALA: Thank you. Now we're on to lOH.
MR. OCHS: lOR.
CHAIRMAN FIALA: Commissioner Coletta, would you like to
just tell us about this?
COMMISSIONER COLETTA: Well, after the last go round, I
don't know how well it's going to be received. But the other day I was
-- before I had a chance to read this agenda, I was driving down
through Commissioner Henning's commission district on Green
Boulevard going towards 951, and over on the right -- I can't
remember the name of that development -- there's a dry retention area
that stretches one heck of a distance through that community.
There must have been about 20 kids in there playing soccer going
back and forth just having a real good time. And I got looking at this
particular piece of work with the no trespassing signs, and I said, you
know, I can almost tell you what's going to happen. The no
trespassing signs are going to go up, they're going to end up coming
down and ending up in kids' bedrooms and on their doors at home.
You know, the kids have so few places to be able to recreate.
Isn't there a better way to do this? Maybe we can get Commissioner
Coyle to meet with the neighbors to try to come to some sort of
understanding and resolution on it so these kids can still use this area
to recreate. I mean, the sound of children, how anybody can take
offense with that is lost upon me.
CHAIRMAN FIALA: Well, Commissioner Coyle isn't here.
COMMISSIONER HALAS: All I can say is that I got a piece of
property in my district that I'd love to put a park in, but they won't let
us put a park.
COMMISSIONER COLETTA: I understand. It's not a park
we're talking about. We're talking about County-owned property.
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COMMISSIONER HALAS: Well, it's going to be used as a
park, and obviously, from what I read in the agenda, a neighbor or two
is concerned about kids making noise and stuff, so --
COMMISSIONER COLETTA: Yeah.
COMMISSIONER HALAS: But that's -- that's what you've got
to deal with. I wish -- I don't know where Commissioner Coyle's at.
MS. FILSON: I just called for him.
CHAIRMAN FIALA: Jim, is anybody here to present on this, do
you know?
MR. OCHS: Yes, we have members of staff. Mr. Kurtz will
present.
MR. KURTZ: Good afternoon. Jerry Kurtz with County
stormwater. I need to use the visualizer. I'd like to put up a few
pictures. I have a picture of the kids playing in the retention area first
off.
COMMISSIONER COLETTA: Zoom in on that. I like to look
at kids playing. It's not zooming. That's just flicking it off and on. I
don't see any of them carrying guns or knives.
MR. OCHS: Me either.
COMMISSIONER HENNING: I think you got to do it right on
the machine, don't you?
CHAIRMAN FIALA: Yes.
COMMISSIONER HENNING: Yes. Where's the County
Manager when you need him?
MR. OCHS: Yeah, that's right. It's on.
COMMISSIONER COLETTA: How many people does it take
to run a visualizer?
MR. OCHS: It's showing up on my screen. Try the control
room. There we go. It's not going there.
CHAIRMAN FIALA: He used to push some little button on that
MR. OCHS: I know. It's not responding.
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March 24, 2009
CHAIRMAN FIALA: -- on that visualizer --
COMMISSIONER COLETTA: Nobody from IT here?
CHAIRMAN FIALA: -- on the visualizer itself. There should be
COMMISSIONER COLETTA: He makes it look so easy when
he's doing it over there.
CHAIRMAN FIALA: He just -- he just kind of rolls something
along there.
COMMISSIONER COLETTA: Last time we give him a day off.
MR.OCHS: Is it showing up on your individual screen. So
there must be a problem--
COMMISSIONER HALAS: Here comes the meister.
MR. OCHS: We could work off your individual screens.
COMMISSIONER HENNING: Yeah. Could you just blow it
up? Zoom in on it.
COMMISSIONER HALAS: Meister, Coyle meister.
COMMISSIONER HENNING: You're getting there.
COMMISSIONER COLETTA: There we go.
MR. KURTZ: Okay. We've had a lot of complaints over the
years in this area. It's an older neighborhood. There's really no water
management system in the neighborhood. It's open swales along the
roadside. So when we get any decent amount of rainfall when the
ground is saturated and the rain comes down, swales fill up, the water
has to run off somewhere. So this piece of property is the end of 12th
Street, just south of Michigan.
Now, I'd like to show a couple more pictures.
COMMISSIONER COLETTA: We still haven't figured out how
to be able to blow these up, right? Oh, there we go, Leo. You got it.
Go back to the kids ones, too.
MR. KURTZ: Take a look where that road dead ends. It's the
end of 12th Street and just dead ends, and the right-of-way continued
in between the two houses there. And the house on the right-hand side
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was knocked down, and it was an old house on two lots.
COMMISSIONER COLETTA: Could you touch where you're
talking about? It's very hard to follow your visual description.
MR. KURTZ: Here's 12th Street. The 12th Street right-of-way
is 60 feet wide and it continues down to here where, years ago, the
road was never -- if the road would have continued, it would have
went on down to the next side street. This is Michigan Avenue
running east and west.
And what happened out here recently is this house is built on two
lots right next to the right-of-way. That house was taken down, and a
new house was built on one lot, and the vacant lot was cleared to
prepare for another house to be built.
I'm giving you a little background as to how all this got started
with us. I'm going to go to the next.
So there's the new house replacing the one old house that was
kind of centered here. This person was at the time getting ready to
build a second house over here, and the issue about this unused
right-of-way surfaced.
Here's the location of the unused right-of-way. You can see -- if
you go north, there's the road, to the south there's sections of the road
that never got built. Here's the next cross street, so this is the general
area of where there's unused portions of right-of-way, and that's back
to here, which is what this is.
The whole neighborhood swales overflow and roads go
underwater. There's multiple years of history of roadway flooding not
only in this street, in this section, but on the whole neighborhood.
So when the request came in to utilize the property, this idea
came up and surfaced where we would turn this area into a dry
detention area, and that's what we've done.
And it was pretty well received, we thought, for -- it's been a
couple years. That's when we took the dirt out, and it looked like that.
And currently, it looks like that. And the kids like to play there.
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And as a way to address the complaint about the kids playing
there, about the only option we have is post no trespassing signs, and
that's why, before we did that -- and I don't even think we can do that
without bringing it to the board for discussion -- so that's how the item
came up. There's more pictures.
COMMISSIONER COLETTA: Show us the picture of the kids.
MR. KURTZ: All right. There--
COMMISSIONER COLETTA: Zoom in there. I want to see
what they're carrying as far as dangerous weapons. I don't see any
dangerous weapons. They look like a bunch of neat kids having a
good time.
MR. KURTZ: I've got to show you a few other pictures, which is
some more of the nature of the complaint that we received, some trash,
and some rotting of the property. You can kind of move that around.
COMMISSIONER COLETTA: I mean, the tire tracks you see in
there, that's not the kids. Come on. I can see the trash along the edge
of the road, which is probably something that happens regardless. Tire
tracks are not the kids.
So let's go back to square one. Let's talk about putting up no
trespassing signs. Okay. You've got the no trespassing signs on -- up,
and then a couple of five-year-olds and six-year-olds go in there and
start playing ball. Are you going to call the Sheriffs Department and
have them arrested? Is that the intent? Would we be doing that? Or
does this give the neighbor the opportunity to call the Sheriffs
Department? And would the Sheriffs Department really want to
respond and arrest some children that are just recreating?
MR. VLIET: John Vliet, your road maintenance director, for the
record. No, Commissioner, that's really not our intent.
These tire tracks, as you notice, were made by vehicles. The
photos, the scene of the children playing, the cars in the background
are actually those children's cars.
COMMISSIONER COLETTA: They drove those cars there?
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March 24, 2009
MR. VLIET: Yes, sir.
COMMISSIONER COLETTA: The children drove the cars
there?
MR. VLIET: They're not exactly children. They're young adults,
SIr.
COMMISSIONER COLETTA: Oh.
MR. VLIET: And the neighborhood's residence is extremely
close. He's right adjacent to that. And that is, you know, one of the
reasons that we -- he wanted us to have it posted, certainly.
The rutting, if that continues, you know, we're going to be back
there doing some repairs. I think the only -- the posting would give
the Sheriffs Department the authority to actually remove them from
the property. Whether or not they'd arrest them, I don't know.
COMMISSIONER COLETTA: Go back to the picture of the
young adults, whatever you want to call them. Bottom picture there,
just for reference, if you would, scan in on that.
CHAIRMAN FIALA: You're getting good, Leo.
COMMISSIONER COLETTA: They still look like children to
me. Yeah, I'd love to see this go back to a neighborhood type of
meeting where you could meet with the neighbors and the residents
there, see what could be worked out. Maybe something as simple as
putting up some sort of fence spaced out in such a way kids can get
through but the cars wouldn't be able to drive on the property.
You know, it's just one of those things, there's so few places for
young people to be able to recreate, and we're going to take another
one away from them. It sounds like Mr. -- you know, Mr. Scrooge at
it again.
I hope that we don't go this direction. I really don't want to see it
happen. I would make a motion for continuance while we have some
-- have some staff members work within that neighborhood to see
what kind of resolution can be reached with everyone there to try to
keep this small little amenity alive for them. I mean, it'd be terrible to
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take it away. What are they going to do, play in the street?
CHAIRMAN FIALA: Second. Commissioner Henning?
COMMISSIONER HENNING: Oh, I'm okay with the motion.
CHAIRMAN FIALA: Oh. Was he pushing your button again?
COMMISSIONER HENNING: No. I just wanted to say
something today. I'm okay with the motion.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yes. This isn't an amenity. It is a
dry storage area which the people that I've talked with on the street
say they have never seen water there. Do you have photographs that
show water there?
MR. KURTZ: No, sir.
COMMISSIONER COYLE: Have you ever seen water here?
MR. KURTZ: No, sir.
COMMISSIONER COYLE: Have you ever seen the streets
flooded?
MR. KURTZ: Yes.
COMMISSIONER COYLE: You have?
MR. KURTZ: Yes.
COMMISSIONER COYLE: How many times?
MR. KURTZ: It's not every year, but it's every year that we have
average or above-average rainfall. I'd say probably three times over
the past maybe seven years.
COMMISSIONER COYLE: Okay. And so the streets flooded
but they didn't get water in this area?
MR. KURTZ: Oh, no. This is new. This is only about two years
old, so we really haven't had a good rainy season to fill this up. But
the swale is directly connected to this area. The ground is nice and
level. When we -- when we reach the ground saturation point and the
water has nowhere to go, it will fill up the swale and it will run in
here.
COMMISSIONER COYLE: It seems to me that the best -- best
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thing you could do is to do the same thing that you did that caused this
problem.
What the County did was to vacate the property, this roadway
south of this point, so that you closed off the ability to create a through
street and you gave it to one of the property owners there, so that now
we can never have a through street through this area, but you didn't
divide the property between these two adjacent property owners.
Seems to me that's the easiest way to solve it is vacate the property, let
them deal with it, and then we don't have to worry about it at all. And
I don't see that it's serving a great purpose for us. Is there a problem
with that one, with that idea?
COMMISSIONER COLETTA: It's not the motion.
COMMISSIONER COYLE: Well, we're discussing the motion.
MR. KURTZ: Well, I think it is serving a good purpose. The
area does flood, the area needs more retention, and it -- it's a real
cost-effective way to try to deal with the nuisance flood of the streets.
COMMISSIONER COYLE: Okay. Now, do you want people
playing and driving in your dry retention ponds?
MR. FEDER: Commissioner, if! could, no, we don't, obviously,
and that's why we came to you --
COMMISSIONER COYLE: And if somebody's injured there, if
somebody decides to drive a vehicle in there while children are
playing there, who's going to be liable for that?
MR. FEDER: Understood, and that's why we're saying to put up
no trespassing signs to address that. I think the key issue though, and I
would ask -- first of all, you need to understand. We have a culvert
from the roadside swales to bring the water in. It's fairly new. But
what's more important to be emphasized that hasn't yet, give me the
graphic that shows where some of them vacated previously. Those
were vacated back in the late '80s.
When we realized that we had significant flooding in this area,
even a street to the south, we went through an extensive effort because
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a lot of those have been vacated in that yellow south of that, and we
had to do a rather extensive piping process to bring it down and over
to Goodlette-Frank, I believe, as a way to address some of the
flooding.
So when this issue came up to vacate in the nearer term, we
immediately looked at it and said, why would we be vacating these
properties that are not going to be used for road right-of-way when, in
fact, we can put in dry retention and service some of that need in the
area.
The concept is, it's dry. When the swales themselves get full of
water, you have that culvert that I just had the picture up, that will
bring it over into this area. So it is not an item that I would say is not
needed and, therefore, should be vacated to the adjacent property
owners.
What we have is a situation of concern in the adjacent neighbor
and the fact that the kids are playing in that dry retention area. But in
particular, the cars are getting in there, as you saw from that.
So that's why we came back, for both issues, the neighbor and the
protection of the area with no trespassing. Now, do we necessarily
want to chase away the kids, as has been pointed out? No. But at the
same time, we don't want to create a liability situation, as you point
out as well.
COMMISSIONER COYLE: So do you believe there is a
liability in this case?
MR. FEDER: In any area of the County. What about all the
areas I have retention throughout the County? It's the same situation.
So I don't think it's any more of a liability than others other than the
fact that we obviously see now there were people using it, the cars are
in there, and that's why we brought to you the no trespassing. And
that interest is mainly cars.
I think what we heard was, do you want to put ballasts or
something to keep the cars out? Maybe that's an option that we hadn't
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considered.
But I think the need for dry retention is there, and that's why we
wanted to make sure you're aware of what we're doing on the
stormwater issue.
If I could, I would have probably not had any of the past property
vacated since we have a very wet area here that, as you know, we're
always trying to find places to try and make sure it doesn't go into
someone's home or it doesn't stay on the top of the streets.
COMMISSIONER COYLE: Okay, thank you.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: No. I don't think I need to say
any more right now.
CHAIRMAN FIALA: Okay. So the motion was?
COMMISSIONER COLETTA: The motion was is to go back
and try to work something out with the neighbors and the
neighborhood itself to try to come up with some workable plan that
we can keep this available for children to recreate in and still provide
for the protection of all concerned.
CHAIRMAN FIALA: And would that include -- somebody
mentioned those little poles that are in the ground that prevent cars
from driving in?
COMMISSIONER COLETTA: That would be part of the
recommendation that goes with trying to preserve it in a way that
would be advantageous for the County.
CHAIRMAN FIALA: Commissioner Coyle, would that -- would
that meet with your approval?
COMMISSIONER COYLE: It really -- it really doesn't --
CHAIRMAN FIALA: I mean, to talk with the neighbors about it
and come up with a plan?
COMMISSIONER COYLE: Well, I've already talked with the
neighbors who are most affected by it, okay, and they are tired of
people creating trash and driving cars around there at night and, in
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fact, playing in their property and climbing on their trees and breaking
the limbs on their trees, and they would like to have some control over
it since it -- they would like for the County to exercise some control
over it because, from their standpoint, the County has created an
attractive nuisance.
It's not a park. It wasn't designed as a park. The people didn't
anticipate they'd have a park beside them. It's too small for a park, but
it is a gathering. Is it the only gathering place? Probably not, but the
point is that the people who live on either side of this property are not
happy with its current use.
So it's County property. What does the County intend to do? It's
not an issue that is up to the community to decide. It's not the
community's property.
CHAIRMAN FIALA: Okay. Thank you very much for your
input.
Okay. I have a motion on the floor and a second. All those in
favor of the motion, signify by saying aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
That's a 3-2 vote, so we will be putting up the signs.
MR. OCHS: Madam Chair, before we go to your next item,
which is County Attorney, I wonder if the board would consider
taking the two items under constitutional officers up first and allow
Mr. Durham to get up here and do what he needs to do and head back
to the Supervisor of Elections Office.
CHAIRMAN FIALA: He's been here all day. I've loved looking
at him. You mean we have to lose him?
MR. OCHS: Yeah. We're getting tired of him over there.,
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March 24, 2009
CHAIRMAN FIALA: Okay, sure.
Item #13A
RECOMMENDATION TO APPOINT THE CHAIRMAN OF THE
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
TO SERVE ON THE COLLIER COUNTY CANVASSING BOARD
FOR THE GOLDEN GATE FIRE AND RESCUE CONTROL
DISTRICT SPECIAL ELECTION HELD ON MAY 12, 2009, AND
AN AL TERNA TE - MOTION TO APPOINT COMMISSIONER
FIALA AS CHAIRMAN AND COMMISSIONER COLETTA AS
ALTERNATE - APPROVED
MR. OCHS: The next item then would be 13A, recommendation
to appoint the chairman of the Collier County Board of County
Commissioners to serve on the Collier County Canvassing Board for
the Golden Gate Fire and Rescue Control District special election to
be held on May 12,2009, and an alternate.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER COLETTA: Second.
MS. FILSON: Who's the alternate?
MR. KLATZKOW: Who's the alternate?
COMMISSIONER COYLE: Alternate should be Commissioner
Halas.
COMMISSIONER HALAS: No, the alternate should be
Commissioner Coletta, since it's in his area.
COMMISSIONER COYLE: That's a good idea. I like that.
COMMISSIONER COLETTA: Well, actually, it's
Commissioner Henning's area.
CHAIRMAN FIALA: Golden Gate Fire -- doesn't Golden Gate
Fire cover both of you?
COMMISSIONER COLETTA: Well, yeah, but the main
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March 24,2009
station's in Commissioner Henning's district.
COMMISSIONER COYLE: I'll second Coletta.
CHAIRMAN FIALA: Okay. So we have a motion on the floor
for Commissioner Fiala to --
COMMISSIONER HALAS: Coletta.
CHAIRMAN FIALA: -- serve as chairman, and Commissioner
Coletta to serve as alternate, and you'll have to do that because the
very first day, which is May 5th, I am out of town, but the rest of the
times I will be there. So I have the other five that I can attend. The
first one I cannot. Is that okay?
MR. DURHAM: Yes, ma'am.
CHAIRMAN FIALA: Is that okay with you, Commissioner
Coletta?
COMMISSIONER COLETTA: I've got to check real quickly if
I'm available for the 5th.
MS. FILSON: Did Commissioner Coletta second that?
CHAIRMAN FIALA: No. Who seconded that? I think it was
Commissioner --
COMMISSIONER HALAS: Coyle.
CHAIRMAN FIALA: Okay, Coyle.
MS. FILSON: Well, that was later. I think he did first. All
right. We'll change it.
COMMISSIONER COYLE: Change it.
COMMISSIONER COLETTA: I'm sorry. What's the date of it,
May 5th?
MS. FILSON: I have you as making the motion.
CHAIRMAN FIALA: May 5th.
COMMISSIONER COLETTA: A Sunday?
CHAIRMAN FIALA: No. May 5th should be a -- I don't know
what day of the week that is.
MS. FILSON: Do you know who made the second, Terri?
(The court reporter indicated Commissioner Coyle.)
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March 24, 2009
MR. OCHS: Tuesday. It's a Tuesday, ma'am.
CHAIRMAN FIALA: It's a Tuesday.
MS. FILSON: No, Coyle made the motion.
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Okay.
Item #13B
RESOLUTION 2009-82: RECOMMENDATION THAT THE
COLLIER COUNTY BOARD OF COMMISSIONERS APPROVE
A RESOLUTION, PURSUANT TO SECTION 101.001(1),
FLORIDA STATUTES, TO ALTER PRECINCT BOUNDARIES IN
PRECINCTS 554 AND 591 AND IN PRECINCTS 501 AND 550
CHANGING THE BOUNDARY BETWEEN THOSE PRECINCTS
TO FOLLOW THE BOUNDARY LINE OF THE GOLDEN GATE
FIRE CONTROL AND RESCUE DISTRICT - ADOPTED
MR. OCHS: The next item is a recommendation that the Collier
County Board of County Commissioners approve a resolution
pursuant to Section 10 1-00 1 (1), Florida Statutes, to alter precinct
boundaries in precincts 554 and 559, and in precincts 501 and 550,
changing the boundary between those precincts to follow the
boundary line of the Golden Gate Fire Control and Rescue District.
COMMISSIONER HALAS: So moved.
CHAIRMAN FIALA: Second.
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March 24, 2009
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Very good.
MR. DURHAM: Thank you.
CHAIRMAN FIALA: Thank you, Tim. We loved having you
here with us today.
You want to move on 14 also?
Item #14A
ELECTION OR REELECTION OF THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY (CRA) CHAIR
AND VICE-CHAIR FOR 2009 - MOTION TO APPOINT
COMMISSIONER COLETTA AS CHAIRMAN AND
COMMISSIONER FIALA AS VICE-CHAIRMAN - APPROVED
MR. OCHS: We certainly can, ma'am.
14A, election or re-election of the Collier County Community
Redevelopment Agency CRA chair and vice-chair for 2009.
COMMISSIONER HALAS: I make a motion that the chair this
year should be Commissioner Coletta, and the vice-chair should be
Commissioner Fiala.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. All those in favor, signify by
saymg aye.
COMMISSIONER COYLE: Aye.
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March 24, 2009
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
Item #12A
REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS
PROVIDES DIRECTION TO THE COUNTY ATTORNEY AS TO
WHETHER (1) THE BOARD WISHES TO CONTINUE TO
TRIAL, OR (2) AUTHORIZES THE COUNTY ATTORNEY TO
CONTACT THE CLERK'S ATTORNEYS TO SEE WHETHER
THE CLERK IS WILLING TO ENTER INTO A JOINT
STIPULATION OF DISMISSAL OF THE REMAINING CLAIMS
OF BOTH PARTIES, IN THE LITIGATION STYLED COLLIER
COUNTY V. DWIGHT E. BROCK, CLERK OF COURTS, CASE
NO. 07-1056-CA, NOW PENDING IN THE TWENTIETH
JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, AND
ANNOUNCE A NOTICE OF CLOSED ATTORNEY-CLIENT
SESSION (SHADE SESSION) FOR APRIL 14,2009-
MOTION TO CONTINUE LITIGATION - APPROVED
(COMMISSIONER HENNING AND COMMISSIONER COYLE
OPPOSED); MOTION FOR SHADE SESSION AT THE APRIL 14,
2009 BCC MEETING - APPROVED (COMMISSIONER
HENNING OPPOSED)
MR. OCHS: Very good. That takes us to 12A.
That's the county attorney's report to request that the Board of
County Commissioners provides direction to the county attorney as
to whether, number one, the board wishes to continue to trial, or
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number two, authorizes the county attorney to contact the clerk's
attorney to see whether the clerk is willing to enter into a joint
stipulation of dismissal of the remaining claims of both parties in the
litigation styled Collier County v. Dwight E. Brock, Clerk of Court's
case number 01-1056-CA (sic) now pending in the 20th Judicial
Circuit, in and for Collier County, and to announce a notice of closed
attorney-client session for April 14, 2009.
MR. KLATZKOW: Thank you, Leo.
Couple of issues on here. The first issue is one that I have a
deadline on, that deals with whether or not the board wishes to direct
our office to try to appeal the decision from the Second District Court
of Appeals to the Supreme Court of Florida.
We had asked the Second District Court of Appeals to certify
this as a matter of great state importance. They did not do so, which
makes our getting to the Florida Supreme Court very, very difficult.
I talked to Jim this morning, and this is a very important issue to
Jim because, in his mind, this deals with his relationship with the
F AC, Florida Association of Counties. And it's Jim's feeling that we
should continue fighting this battle because we've got legislation
pending now that F AC's heavily involved in with us, and F AC's been
very supportive with us on the clerk's case.
So it was Jim's strong feeling that we do this.
Our litigation costs on this will be nominal.
Jackie will handle the appeals. But I will tell you, Jackie can
tell you, that our chances of getting to the Supreme Court are remote,
and if we get to the Supreme Court, the substantial likelihood is they
will affirm the Second District Court of Appeals. That's just what
they do. So that's the first item for the board to consider.
The second item for the board to consider is whether or not you
wish to direct me to simply approach the clerk and see if we can't get
a joint, you know, voluntary dismissal of the remaining claims. I
don't really want to discuss it, that's why I have the notice of closed
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attorney-client session. If this is something you want to discuss, I
will be reading the notice, and we can do that at the next board
meeting because we have plenty of time for that.
We were going to have a June trial. Looks like that June trial's
going to get put over.
There's currently motions pending before the judge.
Mr. Grady can't make it then due to his legislative
commitments, and so that trial's going to get put over.
So I thought I really had to get going on this, but in the last day
or two I've learned that I really -- looks like I really don't have to get
going for this for a little while, so we can defer that decision.
And before I forget, I'd just like to read the notice. Notice of a
closed attorney-client session. Notice is hereby given that the county
attorney desires advice from the Board of County Commissioners in
a closed attorney-client session on Tuesday, April 14, 2009, at a time
certain of 12 noon in the commission conference room at this
building.
In addition to the board members, County Manager James
Mudd, County Attorney Jeff Klatzkow, Litigation Section Chief
Jacqueline Hubbard will be in attendance. I may also have Ted Tripp
down here depending upon how things go. He can talk to you.
So I'll give that notice as well.
The board in executive session will discuss the settlement
negotiations in the pending local case of the Board of County
Commissioners versus Dwight E. Brock, Clerk of Courts, case
number 07-1 056-CA, which is currently pending in the 20th Judicial
Circuit, in and for Collier County, Florida. And I await your
direction.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yes. As far as the first section
about us carrying this forward to the state Supreme Court, I'm
directly in favor of this.
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March 24, 2009
There's been a lot of effort put in not only by our staff, but also
by the Association of Florida Counties (sic). And I feel that if we do
not pursue this, that I feel that we will probably let them down, and
they've been working very diligently in regards to coming forth with
legislation.
So I will make a motion on the first portion that we pursue this
to the state Supreme Court, and the other part is up for discussion.
So I think it needs to be a two-part motion. So first part is that I
make a motion that we carry this to the Supreme Court.
COMMISSIONER COLETTA: And I agree with you and the
county manager. I'll second your motion.
CHAIRMAN FIALA: Okay. I have a motion on the floor by
Commissioner Halas, a second by Commissioner Coletta.
And Commissioner Henning?
COMMISSIONER HENNING: Mr. Klatzkow, I don't
understand. Who's Jim you were talking about?
MR. KLATZKOW: I'm sorry. County Manager Jim Mudd.
COMMISSIONER HENNING: Who authorized him to work
on legislation? Was that on our -- was that on our priorities?
MR. KLATZKOW: There is currently legislation pending in
Tallahassee on several issues on the clerk's case. It's independent of
us.
COMMISSIONER HENNING: Well, what is the county
manager doing with F AC that I don't know about?
MR. KLATZKOW: I don't think he's doing anything, sir, that
you don't know about.
COMMISSIONER HENNING: So he's not working with F AC,
as you stated, to create legislation?
MR. KLATZKOW: No. The county manager does work with
the Florida Association of Counties, and we've been working with
the Florida Association of Counties on the clerk's litigation and,
frankly, the legislation for a couple years now.
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March 24, 2009
COMMISSIONER HENNING: Well, when did we authorize
that? When did the Board of Commissioners authorize that?
MR. KLATZKOW: My recollection, sir, is that you authorized
-- you authorized staff to oppose the efforts by the clerk -- by the
clerk's in Tallahassee right now. I could be mistaken. That was my
recollection.
COMMISSIONER HENNING: Okay. This was an agenda
item?
MR. OCHS: Let me jump in, if I might.
There's a couple of pieces of legislation that weren't initiated by
Collier County, Commissioner, during this session. They come
typically through F AC back to us for some level of review, and the
two items that had to do with current bills that are being
circulated through committee up there relate both to the post-audit
case and to the interest income case. So we didn't initiate those bills.
We're simply -- as a member F AC, F AC sends out a notice to all
of its representatives throughout the state to please review these bills
and comment on them with respect to what potential impacts we
believe they would have on our operation. So that's what Jeff is
alluding to, in addition to the fact that I believe, as you know, F AC,
as well as the Florida Association of County Attorneys, had filed
briefs previously on our behalf on the appeal to the Second District
Court.
COMMISSIONER HENNING: Okay. So the county manager
is not working on this. What you're saying is that he's just
commenting on a request by F AC staff?
MR. OCHS: Yes, as part of the regular legislative process that
goes on during the session up there.
COMMISSIONER HENNING: That's contrary to what the
county attorney said.
MR. KLATZKOW: Leo would know better what Jim's working
on than I am, sir. I mean, that's just my understanding.
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March 24,2009
COMMISSIONER HENNING: Right. That was your
conversation. That just concerns me because those type of issues, I
think, should come to the Board of Commissioners to make the
decision. Let's do that out in the open. It's taxpayers' money.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: You know, Commissioner
Henning, the truth of the matter being is that we have leaned on the
county manager as -- to be up for advice numerous times in the past,
and this is no different. We've given direction numerous times,
which leads to everything.
I mean, as far as the particular direction at any given moment in
time, he takes them in generality what he's seen them in mass coming
down through, and then he advises us. We're free to take that advice
and go one way or the other with it. And I appreciate it, and I don't
want it any different.
COMMISSIONER HENNING: The difference is when you say
we, that's we.
COMMISSIONER COLETTA: We being the county
commISSIon.
COMMISSIONER HENNING: Right. And my only thing is,
we never made decision or direction on legislation about the Clerk of
the Court. If I'm wrong, please show me.
COMMISSIONER COLETTA: Well, let's do it right now.
COMMISSIONER HENNING: Okay.
COMMISSIONER COLETTA: We've got a vote on the
floor.
COMMISSIONER HENNING: Well, that's about a legal case;
it's not about legislation.
COMMISSIONER COLETTA: Let's get this motion out of the
way, and if you'd like, we can go to the next one.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second. All those in favor, signify by saying aye.
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March 24, 2009
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Two opposed, three for.
Okay.
COMMISSIONER COLETTA: Okay. Commissioner Henning
might want to take the next level.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: No. This is the county
manager's and certain commissioners' fight, and I don't support it.
It's not prudent. Those funds come back to the Board of
Commissioners. And, again -- I'll state it again. It's a waste of
taxpayers' money to continue this.
Now, ifthere's legislation that the county manager wants to
support against the Clerk of the Courts, then he ought to put it on the
agenda for the board to support or oppose.
CHAIRMAN FIALA: The next part of this was to come back in
closed session, wasn't it?
MR. KLATZKOW: Yeah. If you prefer to go in closed session,
we can have a candid discussion. That's what we'll do, and that will
be at the next board meeting.
CHAIRMAN FIALA: Okay. Was it Commissioner Coyle or
Halas first?
COMMISSIONER HALAS: Coyle.
CHAIRMAN FIALA: Coyle, okay.
COMMISSIONER COYLE: Yeah. I just wanted to mention
this issue about legislation in Tallahassee. We have, for years,
authorized the staff to oppose legislation that was being submitted in
Tallahassee that was contrary to our interests involving the clerk's
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March 24, 2009
office, and as far as I can remember, there has been a bill of some
kind or another introduced in Tallahassee that we all considered, and
the Florida Association of Counties considered, was not in the best
interest of the counties. And I remember us discussing the status of
those on numerous occasions.
So I believe that the county manager has been doing what the
majority of the commissioners expected him to do. I don't think he is
formulating anything. In fact, I'm not at all sure that the legislation
that is being considered in Tallahassee is directly related to our
lawsuit, and I think that might be Commissioner Henning's concern.
But to the best of my knowledge, this is an ongoing fight that
we take on every legislative session to try to protect the interests of
the county taxpayers and the Collier County Commissioners because
we are the people who are responsible for approving expenditure of
taxpayer funds that we are the recipient of.
And anytime that anybody tries to get legislation passed in
Tallahassee that removes our authority for those fiduciary
responsibilities, then I think it's incumbent upon us and the county
manager to oppose it whenever possible.
CHAIRMAN FIALA: Okay. Commissioner Halas?
Did you want to say something, Jackie, before we continue?
MS. HUBBARD: No. Thank you very much, Commissioner.
I'm just here in the event that you have any questions.
CHAIRMAN FIALA: Okay, thank you.
Commissioner Halas?
COMMISSIONER HALAS: Yes. Staff always gets involved
in legislation this time of the year, whether it's -- and most generally
we've been associated with Land Development Codes with the state
that wants to change it as far as land development issues, and we're
always asked by staff to give a rendering, because I think they look
highly at the ability that staff -- that we have here in Collier County
up on our staff. They realize that we have a lot of expertise and so,
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therefore, the Florida Association of Counties looks to us for some
guidance. Thank you.
CHAIRMAN FIALA: Thank you.
And Commissioner Henning?
COMMISSIONER HENNING: Well, it sounds like the
majority of my colleagues is aware of taking a position on probably
two bills. All I'm asking for is, show me on the agenda item where
the board took that action. That's all I'm asking.
You could provide that to me, Leo?
MR. OCHS: No, sir, I can't.
COMMISSIONER HENNING: I mean, will you?
MR.OCHS: If! -- I don't believe it exists, but, you know, we'll
look.
COMMISSIONER HENNING: That's my point. If -- if -- I
mean, we represent the people in Collier County, not staff members,
so if they're taking a position on a bill in Tallahassee -- our agenda is
always full of resolutions and that to go to our delegation.
So if it's opposite of what we have done in the past in our
delegation, our legislation delegation priorities, I think that's an
injustice to the people.
MR. OCHS: Commissioner, I --I'm sorry.
COMMISSIONER HENNING: It's going behind it.
So it sounds like the majority of the commissioners has gave the
county manager guidance on these two bills, and I don't think that's
right. I think you ought to bring it out in the sunshine, let the full
board make that decision.
MR. OCHS: Sir, what I said was that there's oftentimes, almost
daily during the legislative session, where all 67 counties that are
members of the Florida Association of Counties get sent draft
legislation that's working through committees for comment to see
what that impact would be.
It's not only related just to the clerk, certainly. We get those
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daily on growth management bills, budget and taxation proposals,
EMS fine and fee legislation that comes up every year. There's a
host of those that come through every day during the session that Ms.
Wight receives, and then she farms those out to the people on the
staff that have expertise in those areas, and we give it a technical
reVIew.
That's different than the specific list of legislative items that the
board approves every year on their -- on their list of priorities. But
we're doing that as a member of F AC primarily.
CHAIRMAN FIALA: Okay. Now, the next part -- there is
another part to go into shade, isn't that correct, that you -- that is part
of this?
MR. KLATZKOW: Yes.
CHAIRMAN FIALA: Okay. Commissioners?
COMMISSIONER HALAS: I make a motion at the next
meeting that we go into shade.
CHAIRMAN FIALA: Do I hear a second?
COMMISSIONER COLETTA: I'll second that.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second to go into shade during the next meeting.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay. That's a 4-1 vote.
Thank you.
Item #11
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March 24, 2009
PUBLIC COMMENTS ON GENERAL TOPICS
MR. OCHS: Madam Chair, I'm sorry. I skipped over
inadvertently the Item 11, public comments on general topics. I don't
know if we have any, Sue.
MS. FILSON: I have none.
MR.OCHS: Okay, thank you.
Item #8B
ORDINANCE 2009-15: PUDZ-2007-AR-12097, THE COVENANT
PRESBYTERIAN CHURCH OF NAPLES, INC. AND FLORIDA
COMMUNITY BANK, NA, REPRESENTED BY RICHARD
YOV ANOVICH OF GOODLETTE, COLEMAN, JOHNSON,
YOV ANOVICH & KOESTER, P.A., ARE REQUESTING A
REZONE FROM THE RESIDENTIAL SINGLE-FAMILY (RSF-1)
ZONING DISTRICT TO THE COMMUNITY FACILITIES
PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT
FOR A PROJECT TO BE KNOWN AS HEAVENLY CFPUD,
WHICH WOULD MEMORIALIZE THE EXISTING CHURCH
USES AND WOULD PERMIT REDEVELOPMENT
CONSISTENT WITH THE MASTER PLAN TO ALLOW A
MAXIMUM OF 80,000 SQUARE FEET FOR A HOUSE OF
WORSHIP, INCLUDING DAY CARE FACILITIES, A PRE-K
THROUGH THIRD GRADE SCHOOL, AND VARIOUS
ACCESSORY USES FOR TRACT A; AN ADDITIONAL 20,000
SQUARE FEET OF HOUSE OF WORSHIP INCLUDING
CHILDREN AND ADULT DA Y CARES, PRE-K THROUGH
THIRD GRADE SCHOOL AND ACCESSORY USES FOR TRACT
B. THE 15.93-ACRE SUBJECT PROPERTY IS LOCATED AT
6926 TRAIL BOULEVARD, AND COMPRISES THE ENTIRE
BLOCK BOUNDED BY RIDGE DRIVE, WEST STREET,
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March 24,2009
MYRTLE ROAD AND TRAIL BOULEVARD IN SECTION 3,
TOWNSHIP 49 SOUTH, RANGE 25 EAST OF COLLIER
COUNTY, FLORIDA. CTS - ADOPTED W/STIPULATIONS
Takes us to our 3:30 time certain, ma'am. That's item 8B. This
item does require that all participants be sworn in and ex parte
disclosure be provided by commission members.
It's PUDZ-2007-AR-12097, the Covenant Presbyterian Church of
Naples, Inc., and Florida Community Bank, N.A., represented by
Richard Y ovanovich of Goodlette, Coleman, Y ovanovich, and
Koester, P.A., are requesting a rezone from the residential
single- family RSF -1 zoning district to the community facilities
planned unit development, CF PUD zoning direct, for a project to be
known an Heavenly CF PUD, which would memorialize the existing
church uses and would permit redevelopment consistent with the
master plan to allow a maximum of 80,000 square feet for a house of
worship, including day care facilities, a pre-K through third grade
school and various accessory uses for Tract A; and an additional
20,000 square feet of house of worship, including children and adult
day cares, pre-K through third grade school and accessory uses for
Tract B.
The 15.93-acre subject property is located at 6926 Trail
Boulevard and comprises the entire block bounded by Ridge Drive,
West Street, Myrtle Road, and Trail Boulevard in Section 3, Township
49 south, Range 25 east, of Collier County, Florida.
CHAIRMAN FIALA: Thank you.
Folks, one of the practices we have here, if anybody is wanting to
speak, actually speak on this subject, there are speaker slips out in the
hall that you must fill out and hand in immediately because we don't
accept any speakers after I swear people in.
If you're all here just in support of, then that's fine, then you don't
need to speak. But I just wanted to make that clear. Next I ask that
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you turn any of your cell phones off.
And then lastly, for those who want to speak on this subject, will
the court reporter please swear them in.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN FIALA: I see a few people standing that don't
have any speakers slips in. Sue, you have two speaker slips in?
MS. FILSON: Two.
CHAIRMAN FIALA: Okay, fine. Thank you very much.
And now, Commissioners -- we'll start with Commissioner
Coletta, declare any ex parte.
COMMISSIONER COLETTA: Yes. I've had meetings, emails,
and phone calls, and I have everything in my folder for anyone that
wishes to view it.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: I briefly talked to the County
Attorney's Office, I seen some of the Planning Commission's meeting,
I met with Nick Hail, Georgia Hiller, and I have a voluminous amount
of emails in my correspondence, and they're right here, Commissioner,
if anybody wants to review them.
CHAIRMAN FIALA: Thank you very much.
I, too, have received emails, correspondence, I've had meetings,
one with Rich Y ovanovich and a group of people -- I can't remember
everybody's names, I'm sorry, and another one with a Steven Brisson,
architectural control committee of Pine Ridge subdivision.
Commissioner Halas?
COMMISSIONER HALAS: Yes, thank you very much. I met
early on on June 2, 2008, with Michael Fernandez, Rich Y ovanovich,
and John Hunter, and then recently I met with Rich Y ovanovich and
John Hunter, and this took place March 4, 2009. Again on March
23rd, which was yesterday, I had a brief conversation on the phone
with Rich.
And I also have a very large assortment of email as this went
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through the process. I've also had conversations and emails with some
of the Planning Commissioners. If anybody wants to see any -- all
this, it's here. Thank you very much.
CHAIRMAN FIALA: Okay. We have six speakers who signed
up to speak on this subject now. Let me tell you, everybody gets three
minutes. We stick to the three-minute deadline, so be prepared to say
what you have to say in three minutes.
COMMISSIONER COYLE: May I do my disclosure?
CHAIRMAN FIALA: Oh, you, too. Are you going to be joining
us?
COMMISSIONER COYLE: Yes, yes.
CHAIRMAN FIALA: Yes, you may.
COMMISSIONER COYLE: I just woke up.
CHAIRMAN FIALA: I'm so sorry. I forgot you.
COMMISSIONER COYLE: I met on March the 23rd of this
year with Mr. Rich Y ovanovich and John Hunter. I also have received
correspondence from staff concerning the Planning Commission's
deliberations, and that is the extent of my disclosure.
CHAIRMAN FIALA: Thank you very much.
And with that, we will begin.
MR. YOV ANOVICH: Good afternoon. For the record, Rich
Y ovanovich. It's been the first time in a while that Commissioner
Coyle's actually called me by the correct pronunciation of my last
name. I'm a little worried.
CHAIRMAN FIALA: I almost didn't recognize it.
MR. YOV ANOVICH: I have a whole host of people here that
can answer questions regarding the petition if you need them to and --
but they're not planning on speaking unless you have specific
questions.
I have John Hunter, Bill Potter, and Wilson Bradley who are
from the church and are responsible for shepherding the PUD
amendment through. Bob Peterson's the senior pastor for the church.
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March 24, 2009
Wayne Arnold is the professional planner on the project. Mike Delate
is the professional engineer on the project. Ted Triesch is the
transportation consultant. Andy Solis represents, along with me,
Florida Community Bank.
This has been a project that started out, I believe, a little rocky,
and there was a lot of correspondence and community concern
regarding the project. And as we've evolved and gotten into greater
detail and into more specifics, I believe that the PUD project -- the
PUD in front of you has met the acceptance of the Pine Ridge Civic
Association and is acceptable to the two property owners within the
PUD.
On your visualizer, I'm going to put the master plan up. There
are two parcels within this PUD, and the PUD is for 16 acres. There--
Tract A is a 14-acre parcel, and that is the Covenant Presbyterian
parcel, and Tract B is a two-acre parcel that is now owned by Florida
Community Bank. We started with Mission Possible as the applicant,
but there were some financial issues, and the bank is now the proud
owner of that two-acre parcel.
We have had -- the project is on the outside of the Pine Ridge
community, and actually when -- not -- when the original deed
restrictions were recorded for Pine Ridge but with one of the early
amendments to the Pine Ridge deed restrictions, this 16-acre parcel of
land was identified through the deed restrictions as -- to be utilized for
churches.
So this petition actually forwards and implements the plan for
Pine Ridge by furthering the adoption or -- of PUD for church uses.
So we believe that the church use is complementary to the community
and compatibility with the community.
The master plan identifies the layout of the proposed churches.
You will see that we are interconnecting the two parcels and having a
-- basically a unified campus with -- on the upper left-hand side of the
screen is the small two-acre piece, which would be the Florida
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March 24, 2009
Community Bank parcel, which would be allowed for a church use of
up to 200 seats and 20,000 square feet. I'll get into more detail about
that parcel in a minute.
And then the remaining parcel would be the Covenant
Presbyterian portion of the parcel, and that's Tract A, which would be
allow for 80,000 square feet and up to 1,000 seats.
One of the accessory uses allowed in the PUD is for a school,
childcare, or adult day care on both parcels. The cumulative total of
day care, adult day care, or students is 220, apportioned 50 to Tract B,
the smaller parcel, and 170 to Tract A.
We further phased that in to only allow 50 on Tract B right now
and 60 on Tract A right now until we do a further traffic study to
determine ifthere are other additional transportation-related
improvements that need to be done to go over the 110 students. I call
them students/attendees because we don't know if it will be a school,
day care, or adult day care or combination of the two, or three, I mean.
We've also agreed to phase in the church seats. There would be
-- the overall PUD would allow 1,200; 200, as I said, on Tract Band
1,000 on Tract A.
Tract A would be limited to 780 seats before a traffic study has to
occur to determine if we can go and get the remainder of those, the
seats allowed in the PUD, and Tract B would get 200 right now. So
only 980 of the 1,000 seats is authorized without having to do an
additional traffic study.
We have further agreed to another traffic study as we were going
through the process. Currently there are 853 seats between the three
churches that occupy the property right now. There's Covenant, Living
Word, and the Florida Community Bank parcel. There's 853 seats
within those three.
We've agreed that once we get past 850 seats and 110 students,
we would have to do another traffic study to determine if there's any
internal impacts to Pine Ridge related to going beyond what's
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March 24, 2009
basically on site today.
So we've gone through a process of working with the community
and working through the Planning Commission for appropriate traffic
studies to make sure that the traffic impact of the overall campuses is
accounted for and accommodated to not impact the neighborhood and
that there have to be appropriate traffic-calming measures if there is
impact to the neighborhood if we go beyond what's basically there
today.
We've limited our ingress and egress to the site to obviously Trail
Boulevard, which -- Trail Boulevard, which Wayne kindly put in font
I can read is right here. Access is allowed here and here, which is
both ingress and egress on Trail Boulevard.
Myrtle Road -- we're allowed ingress off of Myrtle Road only for
when people are leaving the campus. They are prohibited from
turning left and going back into the community. They have to take a
right-out only. Likewise on Ridge, they have the ability to come into
the site, but when they're leaving, they're not allowed to take a right
out. They have to take a left out. So we've put measures in there to
prevent people, when they're leaving the campus, from going back
through the community to exit the campus.
Currently there are two access points serving the existing church
on Tract B. Those access points can remain -- one's an ingress and
one's an egress -- until Tract B redevelops. When Tract B redevelops,
these two access points will go away, and access would be limited
here, ingress, to just that one location.
So this unified campus actually reduces access points that
currently exist throughout the project. So from a transportation
standpoint, I think we've greatly -- greatly enhanced what's out there
today with the redevelopment of the site, and we've put in proper
transportation analysis at the appropriate times to assure that we don't
negatively impact the neighborhood.
We've also included in the PUD document the conceptual
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architecture for Tract A -- I believe that's Exhibit H in the PUD
document -- and we've also stated on the record that the first building
that will be constructed is the -- which isn't shown on the master plan,
but there are two buildings. There's a building here and a building
here that are on all the church literature that's out there. We would be
building this middle building first, which is the worship -- ultimately
going to be the worship building. But on an interim basis, it will have
not only the worship aspects of it, but also the classrooms for
education, which, you know, we call religious education. In my day
we called it Sunday school. So those are on an interim basis, the
classrooms, will be worship.
Then when we build the second building, those classrooms will
come out. We'll increase the seating in the worship building to the full
1,000, and then the classrooms and the fellowship hall will all be in
that second -- second building that will come in the future.
So we -- the church is progressing on its fundraising efforts and
in refining its literature of what will actually be on site. So there's
actually a second generation of the conceptual architectural plan that's
out there. If that second generation needs to be included into the PUD
document to update the Exhibit H, we're happy to do that, but Exhibit
H has always been a conceptual architecture, and as things refine, that
gets in greater and greater detail.
As I've mentioned, we've had several neighborhood information
meetings. I wasn't involved at the beginning, but I did attend one
neighborhood information meeting and explain the project, and that's
where some of the traffic studies came about from commitments
through that neighborhood information meeting.
We've also had several smaller meetings with the leadership of
the Pine Ridge Civic Association, as well as several members of the
community, some of which are on the architectural review board for
Pine Ridge. We've incorporated most, if not all, of their requests into
the PUD document.
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We had two rather extensive hearings in front of the Collier
County Planning Commission, probably totaling 12 to 14 hours, to go
through in detail line by line essentially the PUD. The Planning
Commission recommended approval of the PUD at a vote of7-2.
There were two dissenting members. They felt that 20,000
square feet on Tract B, although not objected to by the civic
association or, to my knowledge, any of the residents near there, might
be a little -- be a little too intense.
The Florida Community Bank has agreed to reduce that request
to 16,000 square feet. They essentially have 8,100 square feet today
on that site and are looking to basically be able to preserve the value
of the site since they really don't know what a church will want on that
site. They're just the interim holder of title at this point, and they
wanted -- they knew -- they agree that 20,000 is -- they agreed to
reduce the 20000-square-foot request to 16,000 feet, and I think that
hopefully will be acceptable to the Board of County Commissioners.
I know Tony has raised two minor, I will call them, typo fixes to
the document, neither of which -- and I think I'll get them right, but
Tony, I'm sure, will correct me if! don't. If you want, on Page 10 of
the PUD in Exhibit C -- I'll put it up on the visualizer -- he wants to --
if you can read my handwriting.
We're going to relocate the word and -- removal and place it right
after the word reconstruction, so it will read, reconstruction removal
and replacement or demolition.
We have no objection to reordering the wording in that section,
and hopefully staff won't either. And then he also asked for a
clarification to a footnote on Page 5 of the development standards
table. It used to read that any square footage -- any house of worship
square footage that was not utilized shall be available for accessory
uses.
He wanted us to limit what type of accessory uses we would
utilized, worship area square footage would be in the interior, and we
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agreed to limit it to religious education classrooms.
So I think I've --I've addressed all of the concerns that Tony had.
We believe we've addressed all the concerns raised by the community.
The Planning Commission was comfortable with the proposal in front
of you. And in a nutshell, that's what we're requesting. We're
requesting the board approve the PUD that's in front of you with those
two minor changes.
And I'm available to answer any questions you may have
regarding the specifics of the project, or anybody else here who I
mentioned before can answer any questions you have regarding the
project.
CHAIRMAN FIALA: What we're going to do is we'll get staff
up, and then we'll call on our six speakers, and then if Tony and you
want to be at the speakers, as you did at the Planning Commission --
MR. YOV ANOVICH: Sure.
CHAIRMAN FIALA: -- that's fine, because then we'll ask
questions.
MR. YOV ANOVICH: And I deliberately did not ask most of the
people in this room to speak. They're in favor of it. And when
appropriate, they'll -- I'll ask them just to stand to let you know they're
here in support of what is requested.
CHAIRMAN FIALA: Great. Okay. That will be okay with
you, the lineup?
MR. YOV ANOVICH: Yes, ma'am. Yes, ma'am.
CHAIRMAN FIALA: Okay. John David?
MR. MOSS: Thank you, Commissioners. For the record, John
David Moss, department of zoning and land development review.
I would just like to put on the record that the project is consistent
with the urban residential sub-district of the Growth Management
Plan, and it is also consistent with all the applicable provisions of the
LDC subject to the stipulations provided in the final exhibit to the
PUD document. That's all I have.
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CHAIRMAN FIALA: Thank you. Okay. Will you call the
speakers, please.
MS. FILSON: George Buonocore. He'll be followed by -- do
you want me to put Tony Pires last?
CHAIRMAN FIALA: Yes. Thank you.
MS. FILSON: He'll be followed by Ben King.
CHAIRMAN FIALA: Ben King, would you like to come up and
wait over here at the sidelines so we can just move you into place.
God bless you.
MR. BUONOCORE: I'm George Buonocore. I'm past president
of the Pine Ridge Civic Association.
As Mr. Y ovanovich said, we have been going over this for about
a year and a half, two years, and basically the Pine Ridge Association
did not want a PUD. We wanted a conditional use permit, but we
figured we'd never get one so we worked with them steadily to get the
PUD the way we thought we could control it the best.
Most of the things have been worked out. I do have one thing
and -- with the problem -- and I've said it at all the meetings. The
egress and egress (sic) from this place is not going to work. There's
only one traffic light at Pelican Bay Boulevard. Right now that traffic
light's a nightmare. There have been several deaths at that
intersection.
There's no stack-up lane. The traffic on Trail Boulevard to get
out that light, there's no place for it. Once a car's on Trail Boulevard,
you've got to go around it to get onto 41. It just screws everything up.
You can't go anywhere.
To get across 41 at the church, you've got to go into the middle
divider and then wait for the traffic to stop going the other way. When
you get into the middle divider, there's not enough room for a full-size
car. It's very dangerous. Your tail's sticking out in the other lane.
Then if the cars start stacking up on the right, which are heading
south and you're heading south, you can't see what's coming because
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there's too many cars and they block the view.
So with the church the way it is now -- as far as Sunday goes,
there's not -- really shouldn't be a problem because traffic is down on
Sundays. But during the week, because of the extra uses, day care, et
cetera, et cetera, schools, there's going to be some problems with that
egress and egress (sic), or whatever. And that's what I've been saying
for years. And I don't think the traffic study really addresses it.
They mention a bigger stack-up lane, but they don't mention how
you're supposed to get out and make a left turn to head south from the
church, or if you're coming in -- coming in is not so bad, because at
least you can get into a lane and then make a turn; but going out,
what's going to happen is the traffic is going to go through Pine Ridge
because it's much easier going through Pine Ridge to get either to
Center Street or Carica and, you know, use Goodlette Road as your
way out than going across 41, and that's my problem. Thank you.
MS. FILSON: The next speaker is Ben King. He'll be followed
by Sally Barker.
MS. BARKER: Waive.
MR. KING: Yes. Good afternoon. My name is Ben King. I
guess the only issue I have left is the issue of the hours of operation.
Pine Ridge is a nice, quiet community. The church has done a lot to
segregate the traffic, to maintain that quietness to some degree. But I
guess my concern is that the church can have sessions seven days a
week, 24 hours a day, and they could be full-- I say sessions, I mean
services -- seven days a week, 24 hours a day.
There's an educational childcare facility that could operate till
10:30 at night, seven days a week. I just overall think it's very
excessive given the nature of the neighborhood and the potential for
600 cars to be coming and going at different times.
And a lot of things have been worked on, but it still seems like
there should be some limitations on how the church has hours to
operate. It just doesn't seem fair to the residents to have absolutely no
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time -- seven days a week, 24 hours a day. We have absolutely no
guarantee of some quiet time. That's all I've got to say right now.
MS. FILSON: Michael Turnamian. He'll be followed by
Clifford Schneider.
MR. TURNAMIAN: Hi. My name's more difficult. It's
Turnamian. I live at 600 --
MS. FILSON: Sorry.
MR. TURNAMIAN: That's okay. I live at 600 Ridge Drive,
which is across the street from the church. I've lived there for 12
years.
And you do have a wonderful community. It's very quiet, and we
have a nice neighborhood. I've looked at the design of the church. I
find it aesthetic. The setbacks are 200 feet off of West Street, which is
very desirable. The water -- the water provisions for water runoff off
of West Street will be improved with this design.
I looked at the Trial Boulevard, the traffic going out, and there
are many places along Trail Boulevard where you can make right
turns and head north, and most traffic goes north or south. I mean,
there are many ways to access 41. I don't see that being a problem. I
mean, I'm on a motor scooter and I'm able to get over 41, which is --
might be a challenge.
So, you know, I've studied the design. I've spent a few hours
looking at the plans, I asked many questions because I've lived there
12 years, and I find it very desirable. I hope that this commission
approves the plan. Thank you.
MS. FILSON: Clifford Schneider. He'll be followed by
Anthony Pires.
MR. SCHNEIDER: Good afternoon. My name is Cliff
Schneider. I'm a member of the Pine Ridge Architecture Control
Committee. I'm one of three members; myself, Tom Peek and Steve
Brisson.
To date the Pine Ridge Architectural Control Committee has not
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approved this project. We're on record of such with a prior letter. No
submittals have been made, however, to us formally, and we look
forward to the day when plans, official plans, can be submitted to us
and we can review a pretty nice project.
A lot of progress has been made on this PUD to date. It started
out extremely vague, and there was real problems, the way it was
being presented to us. I think what's been done to date has been very
positive, and we appreciate everybody's effort.
The parcel B intensity has been a major concern of the
Architectural Control Committee from day one. And I learned today
that the applicants are offering that they will reduce the square footage
from 20,000 square feet to 16,000 square foot. We would welcome
that. And I don't know if that's a formal change. I know it was--
originally Rich Y ovanovich mentioned 20,000 but then he mentioned
16. And I don't know how it's going to be presented for the vote. I'd
like to have that clarified. I'm sure Tony will take care of that. He's
very detailed.
The additional renderings that have been mentioned, the
Architectural Control Committee would appreciate those being
incorporated in the documents. Any detail that we can have would be
helpful to us later.
And I wish the best for this project. Thank you.
MS. FILSON: The next speaker is Anthony Pires.
MR. PIRES: Thank you, Madam Chairman, members of the
County Commission, representing the Pine Ridge Civic Association.
My presentation today will not be as long as presentations before the
Planning Commission.
As Rich said and other speakers have said, this project started out
on a very rocky road. And as Mr. Buonocore stated, the Pine Ridge
Civic Association's preference would have been a conditional use with
the level of certainty that we thought would be achieved.
But after the meetings with the Planning Commission, the
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dialogue with planning commissioners, and the reduction in scope and
scale on intensity of this project, and the assurances that have been
provided, to the extent that you can have certainty in a PUD, with the
changes that Rich has mentioned today, reducing the square footage to
16,000 square feet on Tract B -- and we need to talk about where that's
going to come off of. I'm not sure if that's off of principal uses as well
as accessory.
The clarification on the use -- using the non-utilized principal
square footage on Tract A, and the mod. for temporary -- and the typo
correction. The issues have been pretty much resolved, and the Pine
Ridge Civic Association has no objections to the document --
The concerns that we always have had with a document such as
this is you have a community that's a well-established residential
community. And then you have this particular project that's going to
intensify the uses. And the concern is, what level of certainty can be
achieved as to not having any adverse impacts.
And the initial scope of the project, the initial presentation to the
project caused great concern, and part of the concern also deals with
traffic models. You heard Mr. Buonocore talk about that.
And the Planning Commission felt comfortable with the traffic
models as to what they project for the use. There's language in there
and provisions to provide for the annual traffic studies to try to
determine if there are already additional adverse impacts to the Pine
Ridge community because of the concerns of through traffic coming
off of Carica, Goodlette, and Center at Goodlette.
And recently the models -- for example, the models are met with
reality on Wall Street recently, and so we hope that the models here
will, in fact, produce the results as anticipated as opposed to the
models that we've recently had some experiences with.
For the record also, there have not been any financial concessions
made to the Pine Ridge Civic Association or contributions made by
the developer, but they have agreed to -- the applicants have entered
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into an agreement with providing you some other assurances to the
association. Some assurances that we initially wished to have in the
document, the PUD document, staff felt it was not appropriate to be in
the PUD document.
We appreciate the bank and the church agreeing to have them as
part of a side agreement whereby the applicants will, 30 days prior to
any submittal to any agency for a water management permit or
dewatering permit, provide a copy of the permit -- proposed permit
submittals to the association for review.
The key and important aspect of that is, as you know, there's
typically no notice provided when applications are made for
development orders at the County level or -- if I could have just 30
more seconds -- environmental resource permits to South Florida.
This gives the association an opportunity to be proactive.
So we appreciate the time and effort that the church and bank
have put into that. And so I will end this much shorter than we did for
the planning commission. With those revisions, the civic association
hopes that this works out in the certainty that's been provided and has
no objection.
CHAIRMAN FIALA: Don't leave. Stay there.
MR. PIRES: Thank you.
CHAIRMAN FIALA: We have some questions, I'm sure.
Commissioner Halas?
COMMISSIONER HALAS: Yes. There's a couple of questions
that came to my mind here. We -- there was some discussion about --
from 20,000 feet to 16,000 feet. Is that going to be your proposal?
MR. YOV ANOVICH: Yes, sir.
COMMISSIONER HALAS: Okay. The other concern I have is,
what was brought up, is the traffic that's exiting from this area, this
new church, both Tract A and Tract B. And maybe we can have Nick
Casalanguida come up here.
Obviously you've studied this. Is there some way that we can
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create or have the developer of this project come up with some way of
making sure that traffic egresses out of this property and onto
northbound U.S. 41 with maybe a U-Turn or something so they don't
have to go across and block because that median's not that large?
Have you looked at anything of that nature?
MR. CASALANGUIDA: We have. I shared the gentleman's
concerns. It's an open median, and it's not signal controlled.
It's very rare that a development says, we'll do whatever you tell
us to do based on a future traffic study with almost a blank check.
They're going to have police officers or sheriff officers out there
anytime they have an event.
So what we've said is, we're going to keep monitoring this,
depending on the volumes. You're required to provide sheriffs
deputies there, and a sheriffs deputy can direct people to make a right
go north.
And then we'll follow up in a year, and if we find more needs to
be done, they've said, we'll do whatever it takes to make it happen. So
it's a wide-open review for the County staff to just keep an eye on it
and make changes as needed.
COMMISSIONER HALAS: Okay. So they are going to provide
the officer there?
MR. CASALANGUIDA: Officers.
COMMISSIONER HALAS: The other question that I have, and
this is for Rich, there was some statement made by one of the
concerned citizens that we're talking about a 24/7 operation. Is that
going to -- is that really going to happen?
MR. YOV ANOVICH: No, that's not going to happen.
COMMISSIONER HALAS: Clarification for the hours.
MR. YOV ANOVICH: We have very specific hours limitation
for the childcare, and that ends at 6:30 at night.
COMMISSIONER HALAS: Not 1O:30?
MR. YOV ANOVICH: Not 10:30 for childcare. Adult day care
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could end as late as 8:30.
What we do have is that the non-worship-related uses, you know,
the evening Bible studies and things like that, that has to end at 10:30.
They're happening now at the church, but those are -- you know, those
are the session meetings and things like that. Your normal weekday
church-type activities have to end at 10:30 time.
What we -- what we did not agree to limit, and -- is -- and there
are hours of limitation on Tract B because it's closest to the residences.
But let me put the -- let me put the master plan back up. That's
the master plan in your packet. The gray area is where -- is the
campus. That's where the buildings have to be located. And you can
see, we've centralized the buildings. We're doing additional buffering
around it as far as height and density of the buffering around the
project.
We didn't agree to limitations on the hours of worship because
we didn't want to get into a debate, is what we're doing, quote,
worship or not worship? And candidly, philosophically, the church
doesn't believe that there should be limits on when they could have a
worship service.
But I don't know of any church that has a 24/7 worship -- you
know, worship in a church. So we felt that, you know, it was -- it's a
concern that's really not a concern that's a well-founded -- or a
well-founded concern that we're going to have 24-hour,
seven-day-a-week worship services with 1,000 people there each time.
We just didn't think that was a realistic certain.
COMMISSIONER HALAS: Well, now you really clouded it.
So have you come up with some idea? I mean, the congregation?
Obviously they must have given you some direction of what the
length of their services are going to be and the dates or the time of day
MR. YOV ANOVICH: They're there today. Their typical
services, they have, I believe, two services on Sunday.
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COMMISSIONER HALAS: Okay.
MR. YOV ANOVICH: And, you know, they have their --
COMMISSIONER HALAS: During the week?
MR. YOV ANOVICH: During the week I don't believe they have
any -- do you have a Wednesday night service?
CHAIRMAN FIALA: Wednesday night service.
MR. YOV ANOVICH: I don't believe they have currently a
regularly scheduled worship service during the week.
COMMISSIONER HALAS: Okay.
MR. YOV ANOVICH: But, you know, they've been good
neighbors in the community for 40-plus years.
COMMISSIONER HALAS: Okay. Now, Tony, my question is,
have you -- do the residents that you represent, do they have an
understanding that the size of the church or the size of the buildings
that's going to be there and the height of the buildings, everybody's
clear on what we're anticipating that's going to be located on this plat
of land?
MR. PIRES: Yes. At the last minute there was some confusion
because of some graphics that appeared on the church website as part
of their capital campaign, but the rendering that's attached as Exhibit
COMMISSIONER HALAS: Do you have dimensions on this --
MR. YOV ANOVICH: R.
MR. PIRES: -- H.
COMMISSIONER HALAS: -- rendering so that people have an
understanding?
MR. PIRES: I would hope they would. We have the Pine Ridge
Civic Association that -- we do, and from the standpoint of the height,
we do. There was discussion, in fact, going up in additional height for
the steeple and the church, I mean for the cross. Yes, sir.
COMMISSIONER HALAS: I just want to make sure that --
we've had some discussions on other things that came before this
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Board of Commissioners and people didn't realize what the volume of
a building was going to be on certain sites.
So I just want to make sure that the residents are clear in regards
to what's going to be built, how it's going to be built, and basically the
dimensions and so on.
MR. PIRES: To the extent that we can, based upon the graphics
we've seen to date. I mean --
COMMISSIONER HALAS: Okay.
MR. PIRES: -- for example, at one point in time the site plan
showed an overhead sort of ghosting of the buildings, and that
changed to the -- I'll call it the jellybean campus building envelope
that exists now. And I believe that that gives a better indication of
where the buildings could go.
COMMISSIONER HALAS: Okay.
MR. PIRES: And there was some discussion, I think, even with
Commissioner Schiffer of the Planning Commission. He thought it
may be more confusing to have the shadowing within the campus
building envelope setting.
It's always -- you know, once again, line-of-site analyses were
performed. Once again, in the times, whether or not, when you see a
line of site analysis versus when something's actually built, does it
appear to be larger than you thought it would be? I can't project or
forecast what people's reaction might be.
COMMISSIONER HALAS: Okay. I just want to make sure that
everybody's clear and that they all have -- everybody's been included
into this process, not only the congregation but the citizens in Pine
Ridge, that they have a full understanding of what's going to be built
there, and what we're going to try to do to make sure that everything is
accommodated so that their quality of life is not going to change.
MR. PIRES: Based upon what we've seen, once again, the Pine
Ridge Civic Association has no problems and no objection to the
heights, recognizes the close location of these buildings, recognizes
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the square footage. We saw these new elevations, which were further
along than we thought but, again, because of the setbacks from -- the
200-foot setback from the right-of-way boundary, believe that those
are appropriate to help minimize any impacts from a visual
perspective.
COMMISSIONER HALAS: My last question is, everybody
understands the classrooms and what the uses are going to be? That's
clear to -- in your mind?
MR. PIRES: Yeah. One of my concerns -- and that's why we
clarified the issue about -- for religious educational purposes is that,
when -- that footnote that addressed the possibility of using part of that
28,000 square feet for principal use on Tract A, that that was not
utilized for a house of worship, being used for any accessory use, once
again, sometimes the little dim light bulbs go on later than I wish they
would go on.
The thought was, gee, would that allow them to have a number of
other uses of that building, once we saw the graphic particularly. By
focusing in on the religious educational classrooms allays -- helps
allay that particular concern.
COMMISSIONER HALAS: Okay. Thank you very much.
MR. PIRES: Yes, sir.
COMMISSIONER HALAS: Thank you.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Rich, did I understand you
right? You said this property's not in the Pine Ridge --
MR. YOV ANOVICH: No. I said it's on the outskirts of the
community. It's within the Pine Ridge community, but it's on -- it's on
the outside of it.
COMMISSIONER HENNING: Okay.
MR. YOV ANOVICH: Yeah.
COMMISSIONER HENNING: Thanks. And I just have
questions for staff.
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The -- my first question is, this is a nonconforming. Does -- what
does the growth management say about nonconforming uses?
MR. MOSS: It's a legally nonconforming use, the uses that exist
there now. And rather than seeking variances to make the buildings
there conform, they decided to pursue the PUD option and just have
flexible design standards in order to build the sort of facility that they
wanted.
COMMISSIONER HENNING: Okay. Is it your understanding
that these day cares, adult and children, that is a -- going to be
operated by the church?
MR. MOSS: It's my understanding, yes, that it will be operated
by the church.
COMMISSIONER HENNING: Okay. So that's not -- that kind
of addresses my concerns there.
Are we going to talk about the deviations from the Land
Development Code?
MR. MOSS: We certainly can if you have any questions about
them.
COMMISSIONER HENNING: I thought we usually -- usually
do. Would it -- being the different uses than residential, is there a wall
requirement for --
MR. MOSS: What they've decided to do is, rather than provide a
wall in certain areas of the development, they're providing a 12-foot
high hedge, and that's going to go around the perimeter of the site
adjacent to the lake that's proposed in the northeastern corner of the
site.
COMMISSIONER HENNING: Would that be on the --let's see.
That would that be on the east side of the lake or the west side around
the parking areas and so on and so forth?
MR. MOSS: I'll show you on the overhead here.
COMMISSIONER HENNING: Okay, all right. And your
recommendations on this deviation?
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MR. MOSS: Staff is supporting this deviation.
COMMISSIONER HENNING: Okay. What about the deviation
for sidewalk requirements? I mean, there's concerns of the residents
about increased traffic in their neighborhood. Is there any existing
sidewalks around the site?
MR. MOSS: I know the neighbors did not want sidewalks in
specific areas of the site, particularly along Trail Boulevard where
they have a tree-planting program. If you've ever noticed along that
right-of-way, there are a bunch of oak trees that they've planted
themselves.
And so instead of having the developer provide sidewalks there,
they're providing payment in lieu for the sidewalks that they're not
providing.
COMMISSIONER HENNING: Well, the street -- West Street,
there's not a tree-planting program on West Street.
MR. MOSS: No, there's not. It's just along Trail Boulevard.
COMMISSIONER HENNING: Okay. So the deviation from
sidewalks wouldn't include West Boulevard or Myrtle?
MR. MOSS: Right. The problem there was that there were no
sidewalks for them to connect to if sidewalks were installed there, so it
didn't seem to make a whole lot of sense, and that's why transportation
requested instead that they provide a payment in lieu, which they've
proffered to do.
MR. YOV ANOVICH: The community didn't want sidewalks
either.
MR. MOSS: No. And Rich had made a good point. The
community didn't want the sidewalks either apparently.
COMMISSIONER HENNING: Is that true?
MR. PIRES: That's correct.
COMMISSIONER HENNING: Interesting. And from what --
the comments I heard is, the egress and ingress of this project is going
to deviate traffic out to -- well, U.S. 41 basically --
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MR. MOSS: Right. They're going to install no-left-turn signs so
that people can't, along Myrtle and then along the opposite side, on the
western -- on the northern boundary of the site they're going to install
a no-right-turn -- no-exit sign so that people don't cut through the
neighborhood in order to get to Goodlette to travel south. Instead
they'll have to get onto U.S. 41.
COMMISSIONER HENNING: Okay. And just one more
question and I'll leave it alone, for Mr. Y ovanovich. Is it your
understanding that your client is going to use the adult day care and
the children day care as a part -- a religious part of your church?
MR. YOV ANOVICH: It is part of their mission to provide these
types of services for people who need these types of services, so yes.
COMMISSIONER HENNING: And that's what you're
proposing. It's not going to be a for-profit operation? It's not going to
be a separate business --
MR. YOV ANOVICH: Correct.
COMMISSIONER HENNING: -- for it?
MR. YOV ANOVICH: Correct.
COMMISSIONER HENNING: It's going to be the church's
operation. Okay, great, super.
CHAIRMAN FIALA: Okay. I just have to comment that--
COMMISSIONER HALAS: Yes.
MR. PIRES: Oh, I'm sorry. I didn't mean to interrupt you.
CHAIRMAN FIALA: I was just going to say that it's very -- it's
really nice to see groups come together, work out their differences,
their representatives work out their differences also so that everybody
can come together and find a solution that pleases all. Maybe
sometimes there's a little bit of tweaking that needs to be done, but
other than that, I think it's a great thing that you've done, and so I
make a motion to approve.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
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second.
And Tony?
MR. PIRES: If! might, for clarification, and double checking
with Mr. Buonocore and Mrs. Barker back there as to clarifying the
questions, inquiries by Commissioner Halas that the -- I'll call them
the point people for the association had constantly gone back and forth
and been recipients of the emails and graphics involving the elevation
which indicates the size and the massing of the buildings, but the
community may not have seen all of those, for clarification.
COMMISSIONER HALAS: Okay.
MR. PIRES: So I -- you know, so to the extent that other
members -- because there wasn't another large mass meeting after the
two neighborhood information meetings.
COMMISSIONER HALAS: Okay.
MR. PIRES: I wanted to clarify that point.
COMMISSIONER HALAS: And in that motion is that to make
sure that Tract B is from 20,000 to 16,000?
CHAIRMAN FIALA: Yes, that does include the reduction to
16,000 feet.
COMMISSIONER HALAS: And all the recommendations that
the Planning Commission has come up with also?
CHAIRMAN FIALA: Thank you. I will include that in my
motion as well. Thank you, Commissioner Halas.
MR. YOV ANOVICH: And I think you need to take the 10,000
out of the accessory use provision, because the house of worship can
still be 5,600 square feet on that site. Is that right?
MR. PIRES: That would be part of the clarification. If! can
interrupt, Madam Chair.
CHAIRMAN FIALA: Sure. That's all right.
MR. PIRES: As to clarifying in the development standards for
Tract B how that 4000-square- foot reduction would be achieved.
Because if you look at Page 9 of 18, there are maximum square
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footages for -- as Rich mentioned, the house of worship is 5,600, then
there's 12,400 and 2,000 for the accessory. So the question is --
MR. YOV ANOVICH: It will be 8,400 for the accessory. That's
where the 4,000 would come from.
MR. PIRES: Okay. 8,400. And then further down -- and I think
Mr. Klatzkow pointed this out -- at Page 9 of 10 in note 8.
MR. YOV ANOVICH: That would now have to be 16, right?
MR. PIRES: Yes. I appreciate Mr. Klatzkow pointing that out.
CHAIRMAN FIALA: All of these are in my motion and in the
second as well.
COMMISSIONER COLETTA: Yep, correct.
CHAIRMAN FIALA: Okay.
MR. PIRES: One more minor item. On Page 5, Commissioner--
I'm sorry. When you change one number, it changes a lot of other
numbers. Page 5 -- I guess I'm doing Rich's work. Footnote or note 4,
it references the maximum square footage within the entire PUD is
100,000 square feet. So it should be 96,000 square feet. And I'll be
quiet.
MR. YOV ANOVICH: I think he was an accountant.
COMMISSIONER HALAS: That's included in the motion?
CHAIRMAN FIALA: Yes.
MR. YOV ANOVICH: And--
CHAIRMAN FIALA: And the second.
MR. YOV ANOVICH: Yes. And we're agreeable to that. Now,
I do -- I don't want to -- I would be remiss if I didn't -- if I didn't point
out the church people who took the time out of their day. If they could
just quickly stand up and let you know they're here in support -- in
support of this petition -- I just didn't want that to go unrecognized --
and thank them for coming.
CHAIRMAN FIALA: Thank you. Thank you all for being here.
COMMISSIONER COLETTA: Richard, are you going to buy
them all lunch when this is all over?
Page 202
March 24, 2009
(Applause.)
MR. YOV ANOVICH: They have a gift rule.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HALAS: I just want to make--
CHAIRMAN FIALA: Oh.
COMMISSIONER HALAS: I just want to make sure that
everything that needs to be put on record is on record on both sides.
Do we have that clear, County --
MR. KLATZKOW: Yes, sir, I believe we're good.
COMMISSIONER HALAS: Okay, all right. Thank you.
CHAIRMAN FIALA: And Commissioner Henning?
COMMISSIONER HENNING: And earlier it was mentioned,
and also on Page 5, number 6, house of worship square foot will not
be utilized -- or footage not utilized shall be available for religious
education. Is that part of the motion?
MR. PIRES: Religious education classrooms.
COMMISSIONER HENNING: Classrooms, is that right?
MR. YOV ANOVICH: Correct. And there was also the
reordering of the word removal.
CHAIRMAN FIALA: Yes. He already put that on the record
earlier.
COMMISSIONER HENNING: Oh, he did? Not in your motion
though.
CHAIRMAN FIALA: Okay. We'll-- I thought that was part of
it as it was. But okay, we'll put it in my motion.
COMMISSIONER HALAS: Put it in the motion, please.
COMMISSIONER COLETTA: Due to circumstances, I'll add it
to the second.
COMMISSIONER HENNING: Page 10 --
CHAIRMAN FIALA: Would you name all of your corrections,
please. Let's go.
COMMISSIONER HENNING: This is it, Page 10 --
Page 203
March 24, 2009
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: -- number C, remove -- the
removal word is entered in between reconstruction and replacement.
CHAIRMAN FIALA: Right. As Rich mentioned earlier in the
meeting, yes. Okay. That will also be in my motion.
COMMISSIONER COLETTA: And second.
CHAIRMAN FIALA: And Commissioner Coletta's second.
COMMISSIONER HALAS: County Attorney, are we still on
the right page?
MR. KLATZKOW: Ifhe's made a commitment that we need to
find, we're going to be going through this transcript and it will be put
into the PUD.
COMMISSIONER HALAS: Okay. Thank you very much.
MR. YOV ANOVICH: The Florida Community Bank pointed
one thing out to me on the reduction of the square footage. They
would like to -- and you got -- I've got to point you out. It's Page 9 of
18 on the PUD document; 108 of 124 in your packet, so we're all on
the same page.
The way they want to account for the reduction in the 4,000
square foot is to combine the accessory uses with the circulation and
maintenance, okay, which would be a total of 14,400, and then
subtract out 400.
So the combined accessory uses, circulation/maintenance/storage
would be a total of 10,400. Is that okay, Tony?
MR. PIRES: I can't see any reason for an objection.
COMMISSIONER HENNING: Except for --
MR. YOV ANOVICH: Okay. I'm trying to come up with a
reason for the 4,000.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah. Except for that's a
reduction of2,000, not 4,000.
MR. YOV ANOVICH: It would still be the 4,000. What you
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March 24, 2009
have is -- right now you have -- there's a total 16,000 -- I'm sorry,
14,400.
The number now would be 10,400 for those two combined, so
that's where the 4,000 would come out.
MR. PIRES: I hate doing things on the fly, especially when
we're talking about the square footage, because the way this document
is crafted, sometimes it's a domino. When you make one change, you
end up --
MR. YOV ANOVICH: We'll-- but that's -- I think all the other
numbers work, because it's still the same 4,000.
MR. PIRES: So circulation, maintenance, and storage will be
part of -- or will just be eliminated. Is that what you're proposing,
Rich?
MR. YOV ANOVICH: I'll just put it up here like this.
MR. PIRES: That troubles me because there's no cap then. I
mean, the cap before on the circulation/maintenance/storage was
2,000. I think that was -- and now it's encompassed within the full
12,400. So arguably you could have 10,000 square feet.
MR. YOV ANOVICH: Of what?
MR. PIRES: Of circulation, maintenance, and storage.
MR. YOV ANOVICH: I can't imagine that a church is going to
want to have 10,000 square feet of circulation and storage.
MR. PIRES: I've seen -- I've seen stranger things, Rich. I'm not
sure I understand the rationale.
MR. YOV ANOVICH: The rationale is because we're just
looking at what is -- what can happen on the site. We don't know --
we've just given up 4,000 square feet. What we're suggesting is you
combine the two accessory -- the accessory and storage and
maintenance, and subtract 4,000 square feet from it.
CHAIRMAN FIALA: What's circulation?
MR. YOV ANOVICH: Hallways.
MR. PIRES: Heidi had a good idea, a suggestion. Cap the
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March 24, 2009
circulation and maintenance and storage at 2,000. Why not do that?
MR. YOV ANOVICH: That's okay.
MR. PIRES: The 10,400 combined with cap, maximum 2,000.
MR. YOV ANOVICH: Fine. That's fine. I got the signal that
that's fine.
MR. PIRES: Thank you.
COMMISSIONER HALAS: What was that again?
MR. PIRES: It would be, Rich, 10,400 for the accessory
uses/circulation/maintenance/storage with the maximum 2,000 square
feet for the circulation and maintenance and storage. I guess I'm
struggling because I'm not sure I understand the last-minute rationale
for modifying that table.
MR. YOV ANOVICH: Well, because I have to account for the
4,000 square feet.
MR. PIRES: Madam Chairman, I guess that's what -- there's a
reason why the bank wants that, and I'm just wondering what the -- I
understand your reason for it, but if you could articulate the reason for
that, it would help me understand it.
MR. YOV ANOVICH: Again, the bank is concerned about
flexibility and preserving value on the land. They were willing to
reduce the request by 4,000 square feet, and they're just trying to make
sure that, you know, there's the flexibility to have value on the land.
They've accommodate the request.
MR. PIRES: In essence what they've done is just reduce the
maximum accessory uses by 2,000 square feet in reality --
MR. YOV ANOVICH: Potentially.
MR. PIRES: -- which is not really a 4,000 reduction. It's, in
reality, a 2000-square-foot reduction as far as use.
MR. YOV ANOVICH: But again, the civic association didn't
have a problem with the 20,000 square feet. So we're trying to
accommodate some concerns that were raised by a couple of the
Planning Commissioners.
Page 206
March 24, 2009
MR. KLATZKOW: Tract B can't -- Tract B cannot exceed
16,000 square feet.
MR. YOV ANOVICH: I'm sorry?
MR. KLA TZKOW: No matter how you look at it --
COMMISSIONER HALAS: It's 16,000 square feet.
MR. YOV ANOVICH: Right. I'd be happy with just all of them
have to -- are within the 16,000 square feet.
COMMISSIONER HALAS: Okay.
CHAIRMAN FIALA: I would hate to have to repeat this motion
after that.
MR. PIRES: Commissioner Fiala?
COMMISSIONER HALAS: Can you just work -- would the
residents be comfortable with just working with, you've taken away
the 4,000 square feet from 20,000, you're down to 16,000?
MR. PIRES: I think they'd be comfortable with that, yeah.
COMMISSIONER HALAS: Okay. Will that work?
MR. PIRES: Yeah. Once again, I'm just trying to understand the
rationale, but yes.
COMMISSIONER HALAS: Okay. What you've got is a
reduction.
MR. PIRES: Yes.
COMMISSIONER HALAS: And then it can be worked out later
on how we're going to work the reduction?
MR. PIRES: I think the important part is to keep the cap at 5,600
square feet for the house of worship though on Tract B.
MR. YOV ANOVICH: That's what we're suggesting is --
COMMISSIONER HALAS: Okay.
MR. YOV ANOVICH: -- leave the 5,600 --
COMMISSIONER HALAS: That's what you're saying.
MR. YOV ANOVICH: -- and then what you asked -- what we've
done is we've said, let me do -- in the remainder of the 10,400 square
feet, we'd like to be able to do whatever we can. You were concerned
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March 24, 2009
about that, so we put the cap in ofthe 2,000 circulation and
maintenance.
COMMISSIONER HALAS: How about the 5,600 square feet?
MR. YOV ANOVICH: That's -- I didn't -- we're not trying to
change that. We're leaving that the same.
MR. PIRES: One other -- I don't mean to be a nit-pick.
COMMISSIONER HALAS: Well-- okay.
MR. PIRES: But one other -- one other issue is -- and I
appreciate the laughter in the audience -- is that with the base -- my
understanding, the base trip generation is predicated upon the uses,
Richard. Is that for today or is it -- does this in any way affect the
base number for --
MR. YOV ANOVICH: It reduces it because I've given up 2,000
-- at a minimum I've given up 2,000 square foot of accessory uses.
MR. PIRES: Okay. So if it brings the base down, do we need to
modify that section of the PUD that defines what the base is?
MR. YOV ANOVICH: No, because that was -- that's seats. That
was seats, Tony. I see what you're saying. Yeah, seats. Seats don't
change.
MR. PIRES: Wanted to clarify for the record. Thank you.
COMMISSIONER HALAS: Okay.
CHAIRMAN FIALA: I don't have to repeat that, right?
MR. KLATZKOW: No.
CHAIRMAN FIALA: County Attorney?
MR. KLATZKOW: We are going to go through this record and
we're going to -- all the commitments that were made by the petition
are going to go into the PUD.
COMMISSIONER HALAS: Could we have a copy of that after
you get it all done?
MR. KLATZKOW: Yes, be happy to.
CHAIRMAN FIALA: As well as both of their representatives?
MR. KLATZKOW: Oh, in fact, they're going to look at the
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March 24, 2009
proposed PUD amendment before we finalize this and sign off on it.
CHAIRMAN FIALA: Okay.
COMMISSIONER HALAS: Yeah. I'd like to get my eyes on it.
CHAIRMAN FIALA: So everybody has their eyes on it,
everybody can share it so everybody feels good about it. Very good.
COMMISSIONER HALAS: All right.
CHAIRMAN FIALA: All right. I have a motion on the floor,
whatever it states, and a second by Commissioner Coletta, with many,
many, many modifications.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Very good.
MR. YOV ANOVICH: Thank you.
CHAIRMAN FIALA: That's a 5-0.
(Applause.)
MR. PIRES: Madam Chair, thank you for allowing Rich and I to
have the dialogue. Thank you.
CHAIRMAN FIALA: That worked out really well.
MR. PIRES: Thank you.
MR. OCHS: Ladies and gentlemen, if you could please move
towards the exit so we can continue the meeting. Thank you very
much.
CHAIRMAN FIALA: All right.
Item #15
Page 209
March 24, 2009
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Commissioner, that brings us to Item 15, which is
your staff and commission general communications.
CHAIRMAN FIALA: Thank you very much. And for
commissioners' communications and staff -- do you want us to start
with you, Leo, then we'll --
MR. OCHS: You traditionally do, yes, ma'am.
CHAIRMAN FIALA: -- go to the County Attorney, and then
we'll come down the road here.
MR. OCHS: And we have nothing to report today.
CHAIRMAN FIALA: That was quick. Good, I like that.
MR. KLATZKOW: I have even less than Leo.
CHAIRMAN FIALA: How about, Commissioner Coyle?
COMMISSIONER COYLE: Nothing, absolutely nothing.
CHAIRMAN FIALA: How about you, Commissioner Halas?
COMMISSIONER HALAS: I just want to say you did an
outstanding job, and the new pilot and co-pilot that were at the
controls did an outstanding job. Looks like we're going to have a
good landing.
MR. OCHS: Thank you, sir.
COMMISSIONER HALAS: And we're going to be -- I think
three of us are going to be getting together about six o'clock in the
morning and heading up to Tallahassee. Look forward to it.
CHAIRMAN FIALA: I just love mornings.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I got one thing.
CHAIRMAN FIALA: Okay.
COMMISSIONER COLETTA: As you know, we've been
actively pursuing an A TV park at the jetport. And to be honest with
you, I'm very pleased about the way it's going; however, we've
reached a point where water management, we need to get their
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March 24, 2009
commitment once again.
Remember, water management promised us 640 acres as part of
the settlement for the roads in the south block. And at this point in
time that was -- we made the agreement in 2002. It was supposed to
be fulfilled in 2005. We're in 2009, and it still hasn't been.
I'd like the Chair to be directed to write a letter to water
management inviting them to the next meeting to tell them where they
are in fulfilling the contract and to address where we are with the
jetport. It seems that there may be an issue with the commitments to
big sugar and where they're going to fulfill their obligations to us.
CHAIRMAN FIALA: Board members, would you --
COMMISSIONER HALAS: Sure.
CHAIRMAN FIALA: -- agree with that?
COMMISSIONER HALAS: Yeah.
CHAIRMAN FIALA: Okay, fine. I would be happy do that.
Leo, would you prepare that for me?
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: And that's it for you?
COMMISSIONER COLETTA: Yes, that's it.
CHAIRMAN FIALA: The last thing I wanted to tell you, I
thought it was interesting. I don't know how many of you read the
Collier Citizen -- do any of you read the Collier Citizen? I just want
to tell you that they have seen fit not to send any Collier Citizens to
East Naples anymore. They just cut us out. They cut out not only the
delivery in East Naples, but any news about East Naples.
COMMISSIONER HALAS: What I'll do is I'll bring mine in to
you.
CHAIRMAN FIALA: I have to go down and collect it now. I
just thought I'd put that on the record.
Thank you all for being here. May I have a motion to adjourn?
COMMISSIONER HALAS: Motion to adjourn.
COMMISSIONER COLETTA: Motion to adjourn.a
Page 211
March 24, 2009
CHAIRMAN FIALA: I have a motion by Commissioner Halas
and a second by Coletta.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: (Absent.)
COMMISSIONER COLETTA: Aye.
****Commissioner Henning moved, seconded by Commissioner
Halas and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
RESOLUTION 2009-66: FINAL APPROVAL OF ROADWAY
(PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF NORTH NAPLES RESEARCH AND
TECHNOLOGY PARK WITH ROADWAY AND DRAINAGE
IMPROVEMENTS BEING PRIV A TEL Y MAINTAINED -
W /RELEASE OF THE MAINTENANCE SECURITY
Item #16A2
RESOLUTION 2009-67: FORMALLY DISSOLVING THE EAST
OF COUNTY ROAD 951 INFRASTRUCTURE AND SERVICES
HORIZON STUDY PUBLIC PARTICIPATION MASTER
COMMITTEE AS ESTABLISHED BY RESOLUTION NO. 2006-
181 - DUE TO EXPIRATION STIPULATION IN THE
RESOLUTION AND COMMITTEE FULFILLING ITS PURPOSE
Item # 16A3
Page 212
March 24, 2009
RECORDING THE FINAL PLAT OF VIA VENETO REPLA T -
DEVELOPER MUST RECEIVE A CERTIFICATE OF
ADEQAUTE PUBLIC FACILITIES PRIOR TO THE ISSUANCE
OF THE FINAL APPROVAL LETTER
Item #16A4
RESOLUTION 2009-68: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF PROFESSIONAL VILLAGE AT
NORTHBROOKE WITH THE ROADWAY AND DRAINAGE
IMPROVEMENTS BEING PRIV A TEL Y MAINTAINED -
W /RELEASE OF THE MAINTENANCE SECURITY
Item #16B1
MEMORANDUM OF AGREEMENT FOR INTERIM MEDIAN
OPENING LOCATED AT DA VIS BOULEV ARD AND JOY ROSE
PLACE - TO BE USED FOR EASTBOUND TRIPS INTO THE 1-
75/ ALIGA TOR ALLEY PUD UNTIL THE EAST GATEWAY PUD
IS DEVELOPED
Item #16B2
REJECT ALL SUBMITTALS AND RE-SOLICIT BID #09-5165,
SUPPL Y AND INSTALL TRAFFIC SIGNS AND MARKINGS -
THE ONLY BID RECEIVED EXCEEDED THE BUDGETED
AMOUNT
Item #16B3
Page 213
March 24, 2009
BID #09-5186, INTELLIGENT TRANSPORTATION SYSTEMS
(ITS) COMPONENTS TO MULTIPLE VENDORS (CATEGORY
BASIS). ANNUAL EXPENDITURE ESTIMATED $150,000 -
AWARDED TO INTELLIGENT TRANSPORTATION SYSTEM
COMPONENTS, COHU, INC., TEMPLE, INC., AND PRECISION
CONTRACTING SERVICES, INC.
Item #16B4
REVENUE FOR COLLIER AREA TRANSIT IN THE AMOUNT
OF $1,200.00 AND NEEDED BUDGET AMENDMENTS - FOR A
BUS BENCH THAT WAS DAMAGED DURING ROAD
CONSTRUCTION ON RA TTLESNACK HAMMOCK ROAD
Item #16B5
TERMINATING THE CONTRACT AWARDED TO AMERICAN
EARTH MOVERS, INC. FOR BID NO. 08-5135, BRIDGE
REPAIRS (CHOKOLOSKEE, GOODLAND, GREEN
BOULEVARD AND OIL WELL ROAD) IN THE AMOUNT OF
$720,000.00 AND AWARD CONTRACT TO KELLY BROTHERS,
INC. IN THE AMOUNT OF $771,546.00 FOR BID NO. 08-5135,
PROJECT #66066 - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16B6
BID #09-5194, COLLIER COUNTY RIGHT -OF -WAY (ROW)
AND MEDIAN MOWING AND MAINTENANCE ANNUAL
CONTRACT TO BIG TREE, INC, AMERA- TECH, INC. AND
VILA & SON, CORP. IN THE ESTIMATED ANNUAL
EXPENDITURE OF $253,864.00 - FOR 22 MILES OF MEDIAN
Page 214
March 24, 2009
AND SIDE RIGHT-OF-WAY MOWING AND 10 MILES OF SIDE
RIGHT-OF-WAY MOWING FOR SEGMENTS TO BE
LANDSCAPED AND IRRIGATED THIS YEAR
Item #16B7
RESOLUTION 2009-69: EXECUTING THE ATTACHED
FEDERAL TRANSIT ADMINISTRATION USC 5311 GRANT
APPLICATION PROPOSAL FOR THE AMERICAN RECOVERY
AND REINVESTMENTS ACT (ARRA) FUNDS AND
APPLICABLE DOCUMENT, AND ACCEPTING THE GRANT IF
AWARDED - FUNDS TO BE USED TO HELP PROVIDE RURAL
TRANSPORTATION IN COLLIER COUNTY
Item #16B8
A GRANT APPLICATION TO THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS FOR THE HAZARD MITIGATION
GRANT PROGRAM (HMGP) FOR $515,247, TO FUND
STORMW A TER IMPROVEMENTS TO THE HALDEMAN
CREEK SYSTEM AND RECONSTRUCTING THE LOCHE
LOUISE WEIR IN CROWN POINTE, A PORTION OF THE LEL Y
AREA STORMW A TER IMPROVEMENT PROJECT - FOR
HARDENING SITES TO PREVENT OR LIMIT LOSSES DURING
FUTURE STORMS AND DISASTERS
Item #16B9
RESOLUTION 2009-70: ESTABLISHING A SPEED LIMIT OF
THIRTY-FIVE MILES PER HOUR (35 MPH) ON WHITE LAKE
BOULEVARD FROM CITY DRIVE TO COLLIER LANDFILL
ROADWAY SEGMENT
Page 215
March 24, 2009
Item #16B10
CONSENT AGREEMENT BETWEEN THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT AND COLLIER COUNTY
TRANSPORTATION AS RESOLUTION OF A DEWATERING
PERMIT ISSUE WITH ASTALDI CONSTRUCTION AND THE
NORTHBROOKE BRIDGE COMPONENT OF THE
IMMOKALEE ROAD DESIGN BUILD PROJECT #66045 AND
AUTHORIZING THE CHAIR TO SIGN THE AGREEMENT -
DUE TO VIOLATING WATER QUALITY STANDARDS OF
SFWMD
Item #16Bll
A HAZARD MITIGATION GRANT TO THE FEDERAL
EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF
HOMELAND SECURITY FOR $200,000 TO INSTALL
ELECTRIC ROLL DOWN STEEL SHUTTERS AND
SUPPORTING EQUIPMENT AND WINDS SCREEN FOR THE
PROTECTION OF COLLIER AREA TRANSIT OPERATIONS
CENTER BUILDINGS FROM DAMAGE DURING HIGH WIND
EVENTS - LOCATED OFF OF RADIO ROAD NEAR DAVIS
BLVD INTERSECTION
Item #16B12
RESOLUTION 2009-71: AN APPLICATION FOR SHIRLEY
CONROY RURAL AREA CAPITAL EQUIPMENT SUPPORT
GRANT FOR THE PURCHASE OF A PARA TRANSIT VEHICLE
AND EXECUTING THE APPLICATION AND APPLICABLE
DOCUMENTS - TO REPLACE A HIGH MILEAGE VEHICLE
Page 216
March 24, 2009
Item #16B13 - Moved to Item #10H (Per Agenda Change Sheet)
Item #16C1
AMENDMENT NO.1 TO THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION CONTRACT NO. GC690,
AUTHORIZING THE FLORIDA DEP AR TMENT OF
ENVIRONMENTAL PROTECTION TO EXTEND THE DATE
FROM 45 DAYS OF THE PAYMENT OF THE 12TH INVOICE
TO WITHIN 60 DAYS OF THE END OF THE STATE FISCAL
YEAR (JUNE 30) OF THE EXISTING ASSESSMENT; A 5%
(PERCENT) PENALTY ON THE CONTRACT IN THE EVENT
THAT COLLIER COUNTY DOES NOT PROVIDE A
STATEMENT OF REVENUE, EXPENSES AND FUND
BALANCE - AS DETAILED IN THE EXECUTIVE SUMMARY
Item # 16C2
REIMBURSING WCI IN THE AMOUNT OF $91,565.16 FOR THE
REMAINING AMOUNT OF THE COUNTY'S PORTION OF
COSTS FOR REHABILITATION OF THE POTABLE WATER
DISTRIBUTION SYSTEM TO SERVICE TOWER ROAD
Item #16C3
A GRANT APPLICATION TO THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS FOR THE HAZARD MITIGATION
GRANT PROGRAM (HMGP) FOR UP TO $50,000 FOR
INSTALLING ALUMINUM ROLL DOWN SHUTTERS AND
SUPPORTING EQUIPMENT ON THE COLLIER COUNTY
ENVIRONMENTAL COMPLIANCE AND LANDFILL SCALE
Page 217
March 24, 2009
HOUSE FACILITY - TO PROTECT THE PUBLIC'S HEALTH,
SAFETY AND WELFARE DURING NATURAL OR MAN-MADE
DISASTERS
Item # 16C4
A GRANT APPLICATION TO THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS FOR THE HAZARD MITIGATION
GRANT PROGRAM (HMGP) FOR UP TO $320,000 TO
CONSTRUCT A SIX-INCH HIGH DENSITY POLYETHYLENE
(HDPE) LANDFILL LEACHATE PIPE AT THE COLLIER
COUNTY LANDFILL - TO PUMP WATER EXPOSED TO
WASTE IN THE LANDFILL AND PROCESSED AT THE
COLLIER COUNTY WASTEWATER PLANT
Item #16D1
ONE (1) LIEN AGREEMENT FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR AN OWNER-
OCCUPIED AFFORDABLE HOUSING DWELLING UNIT
LOCATED IN COLLIER COUNTY - DEFERRING $14,987.08 IN
IMPACT FEES FOR A LOT LOCATED IN LIBERTY
LANDINGS, IMMOKLAEE, FL
Item #16D2
A SUMMARY OF THE IMPACT FEE DEFERRAL
AGREEMENTS RECOMMENDED FOR APPROVAL IN FY09,
INCLUDING THE TOTAL NUMBER OF AGREEMENTS
APPROVED, THE TOTAL DOLLAR AMOUNT DEFERRED
AND THE BALANCE REMAINING FOR ADDITIONAL
DEFERRALS IN FY09
Page 218
March 24, 2009
Item #16D3
A BUDGET AMENDMENT IN THE AMOUNT OF $12,500
RECOGNIZING REVENUE RECEIVED FROM A GRANT FROM
THE COMMUNITY FOUNDATION OF COLLIER COUNTY TO
SERVE THE NEEDS OF SENIORS IN IMMOKALEE - TO HIRE
A CONSULTANT TO PREP ARE A NEEDS ASSESSMENT FOR
THE COUNTY TO PROVIDE UPDATED DEMOGRAPHIC
INFORMATION, IDENTIFICATION OF NEEDED SERVICES
AND THOSE SENIORS NOT BEING REACHED
Item # 16D4
CHANGE ORDER NO.1 IN THE AMOUNT OF $21,035 TO
MARINE CONTRACTING GROUP, FOR ADDITIONAL
MATERIALS TO REPLACE THE DECK AND PILINGS AND TO
ADD SIXTY (60) CALENDAR DAYS TO CONTRACT NO. 08-
5058 - FOR THE COCOHA TCHEE PARK RIVER MARINA
Item #16D5
THREE CONTRACTS UNDER #08-5124, FIXED TERM
PHYSICAL AND BIOLOGICAL MONITORING SERVICES FOR
THE COLLIER COUNTY COASTAL ZONE MANAGEMENT
PROJECTS TO COASTAL PLANNING AND ENGINEERING,
INC., COASTAL ENGINEERING CONSULTANTS, INC., AND
HUMISTON & MOORE ENGINEERS, P.A. - MONITORING IS A
YEARL Y PERMIT REQUIREMENT MANDATED BY FDEP
Item #16D6
Page 219
March 24, 2009
A FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION (FWC), DIVISION OF MARINE FISHERIES
MANAGEMENT GRANT AGREEMENT #08258, FOR
ARTFICIAL REEF DEPLOYMENT TO THE COASTAL ZONE
MANAGEMENT DEPARTMENT THAT WILL PROVIDE
GRANT FUNDS IN THE AMOUNT OF $60,000 - TO CREATE A
MINIMUM OF THREE NEW 320 TON ARTIFICIAL REEFS
Item #16D7
RESOLUTION 2009-72: THE SUBMITTAL OF A GRANT
APPLICATION IN THE AMOUNT OF $102,000 TO THE
FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION FOR THE FLORIDA BOATING IMPROVEMENT
PROGRAM - TO FUND THE SURVEY, ENGINEERING,
PERMITTING AND DESIGN COSTS FOR THE PORT OF THE
ISLANDS MARINA BOAT RAMP/PARKING LOT
ENHANCEMENTS
Item #16D8
CONTRACT #09-5114, NAPLES STATION MUSEUM PHASE III
TO WHITE GENERAL CONSTRUCTION, INC., IN THE
AMOUNT OF $440,000 TO COMPLETE HISTORICAL
RESTORATION AND RENOVATION OF THE NAPLES DEPOT
MUSEUM AND AUTHORIZING THE CHAIRMAN TO
EXECUTE A STANDARD CONTRACT FOLLOWING COUNTY
ATTORNEY APPROVAL - FOR THE INSTALLATION OF A
COMPLETE FIRE SPRINKLER SYSTEM
Item # 16D9
Page 220
March 24,2009
AN ERROR IN THE JANUARY 13,2009 APPROVED
CONTRACT #09-5148 VALUE WITH SUBAQUEOUS
SERVICES, LLC FOR THE DREDGING OF DOCTORS AND
WIGGINS PASSES IN THE AMOUNT OF $10,999.97 AND
REVISING CONTRACT AMOUNT TOTALING $1,566,419.26-
STAFF INADVERTENTLY TRANSCRIBED THE INCORRECT
CONTRACT AMOUNT
Item #16D10
AN AMENDMENT TO THE 2007 CONTINUUM OF CARE (CO C)
SUBRECIPIENT AGREEMENT WITH THE COLLIER COUNTY
HUNGER AND HOMELESS COALITION (CCHHC) FOR THE
MAINTENANCE OF THE HOMELESS MANAGEMENT
INFORMATION SYSTEM (HMIS) IN THE AMOUNT OF
$104,645 WHICH WAS APPROVED ON SEPTEMBER 9,2008
(ITEM 16D35). TO CLARIFY START DATE, DEFINE SOURCES
OF MATCHING FUNDS, AND FURTHER SPECIFY THE
PROJECTS PURPOSE AS STATED IN THE ORIGINAL
AGREEMENT - TO ALLOW COLLIER COUNTY TO
REIMBURSE THE SUBRECIPIENT FOR ANY ELIGIBLE COSTS
INCURRED
Item #16D11
A $832,170 CONSTRUCTION CONTRACT TO BORAN CRAIG
BARBER ENGLE CONSTRUCTION COMPANY INC. (BCBE)
FOR THE CONSTRUCTION OF THE MARCO ISLAND
LIBRARY ROSE HALL ADDITION, PROJECT 54004, AND THE
NECESSARY BUDGET AMENDMENTS
Item #16E1
Page 221
March 24, 2009
BID #09-5182, GENERAL FURNITURE FOR THE NEW
COLLIER COUNTY SOUTH REGIONAL LIBRARY TO YOUR
OFFICE, INC. IN THE AMOUNT OF $79,568.48
Item # 16E2
AGREEMENT FOR SALE AND PURCHASE WITH MARK
BAIN, ESQUIRE/PERSONAL REPRESENTATIVE ON BEHALF
OF THE ESTATE OF TESSIE COLLUCCIO FOR 1.59 ACRES
UNDER THE CONSERVATION COLLIER LAND ACQUISITION
PROGRAM, AT A COST NOT TO EXCEED $26,750 - FOR
PROPERTY LOCATED WITHIN THE WINCHESTER HEAD
MULTI PARCEL PROJECT IN GOLDEN GATE ESTATES, UNIT
65 (Folio #39955800009)
Item # 16E3
AGREEMENT FOR SALE AND PURCHASE WITH JOSEPH R.
AND MAYDA V. MUELA FOR 1.14 ACRES UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM,
AT A COST NOT TO EXCEED $19,300 - FOR PROPERTY
LOCATED WITHIN THE WINCHESTER HEAD MULTI
PARCEL PROJECT IN GOLDEN GATE ESTATES, UNIT 65
(Folio #39956160007)
Item # 16E4
ASSUMPTION AGREEMENT FROM P A YMETRIC, INC. TO
BUSINESS APPLICATIONS ASSOCIATES, INC. (BIZAPS) FOR
XIBUY SOFTWARE LICENSE AND SERVICES - DUE TO THE
PURCHASE OF P A YMETRIC, INC ASSESTS ON DECEMBER
Page 222
March 24, 2009
23,2008
Item #16Fl
COMMERCIAL PAPER LOAN PREP A YMENTS IN THE
AMOUNT OF $8,278,000 - WITH A SAVINGS OF $8,550 PER
MONTH ON THE CARIBBEAN GARDENS LOAN
Item # 16F2
PREP A YMENT OF THE CARIBBEAN GARDENS
COMMERCIAL PAPER LOAN IN THE AMOUNT OF $9,500,000
- SAVING $9,812 PER MONTH FOR THIS PREP A YMENT
Item #16F3
A GRANT APPLICATION FOR THE EMERGENCY MEDICAL
SERVICES SPECIAL OPERATIONS RESPONSE TEAM
THROUGH THE W AL-MART COMMUNITY GRANTS
PROGRAM FOR A MAXIMUM OF $1,000 IN EQUIPMENT
AND/OR SUPPLIES AND ACCEPTING THE EQUIPMENT AND
SUPPLIES
Item #16F4
RESOLUTION 2009-73: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2008-09 ADOPTED
BUDGET - RECOGNIZING GRANT FUNDS FOR PREDATOR
PROJECT AND FROM THE 4H FOUNDATION
Item #16F5
Page 223
March 24, 2009
BUDGET AMENDMENTS - TO REFUND IMPACT FEES PAID
IN A PRIOR FISCAL YEAR FOR CANCELLED BUILDING
PERMITS (BA#09-199)
Item #16F6
RESOLUTION 2009-74: ALLOWING THE TOURISM
DEPARTMENT ON BEHALF OF THE TDC AND THE NAPLES,
MARCO ISLAND, EVERGLADES CVB TO SOLICIT AND
RECEIVE DONATIONS TO USE AS PRIZES AND AWARDS
FOR TOURISM PROMOTIONS, F AMILIARIZA TION TOURS
AND AUCTIONS
Item # 16F7
AUTHORIZING CASH AMOUNTS TO BE ALLOCATED ON
MARCH 31, 2009 FOR THE PARITY DEBT SERVICE RESERVE
ACCOUNT ASSOCIATED WITH THE COUNTY'S CAPITAL
IMPROVEMENT REVENUE BONDS (SERIES 2002/2003/2005)
IN AN AMOUNT NOT EXCEEDING $8,026,972 - TO SATISFY
THE REQUIREMENTS FOR THE SERIES 2002 BONDS, AND
APPROXIMATEL Y THREE-QUARTERS OF THE 2003, AND
2005 BONDS
Item #16G 1
THE 2008 CRA ANNUAL REPORT, FORWARD THE REPORT
TO THE BOARD OF COUNTY COMMISSIONERS AND CLERK
OF COURTS AND PUBLISH PUBLIC NOTICE OF THE FILING
-AS DETAILED IN THE EXECUTIVE SUMMARY
Page 224
March 24, 2009
Item #16G2
A SHORELINE STABILIZATION GRANT AGREEMENT(S)
BETWEEN THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY (CRA) AND A GRANT
APPLICANT(S) WITHIN THE BA YSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AREA (2832
ARBUTUS STREET) IN THE AMOUNT OF $4,450 - TO
UPGRADE/REHAB ILIA TE THE SHORELINE OF
WATERFRONT PROPERTY OWNED BY DAVID CORBAN
Item #16G3
A COMMERCIAL BUILDING IMPROVEMENT GRANT
AGREEMENT(S) BETWEEN THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY (CRA) AND A
GRANT APPLICANT(S) WITHIN THE BA YSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AREA (3161
VAN BUREN AVENUE) IN THE AMOUNT OF $1,450 - TO
CLEAR OVERGROWN VEGETATION AROUND EAGLE
PACKING PRODUCTS OWNED BY MARK AND NATALIE
ANGUILANO
Item #16Hl
COMMISSIONER HALAS' REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. HE ATTENDED THE KNOW YOUR COUNTY
GOVERNMENT TEEN CITIZENSHIP PROGRAM LUNCHEON
ON MARCH 24, 2009 AT THE EAST NAPLES UNITED
METHODIST CHURCH. $10.00 TO BE PAID FROM
COMMISSIONER HALAS' TRAVEL BUDGET
Page 225
March 24, 2009
Item # 16H2
COMMISSIONER HALAS' REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. HE ATTENDED THE FIFTH ANNUAL HONOR THE
FREE PRESS DAY LUNCHEON ON WEDNESDAY, MARCH 18,
2009, AT THE HILTON HOTEL IN NAPLES, FLORIDA. $30.00
TO BE PAID FROM COMMISSIONER HALAS' TRAVEL
BUDGET - LOCATED AT 5111 TAMIAMI TRAIL NORTH
Item # 16H3
COMMISSIONER COYLE'S PAYMENT FOR ATTENDING A
FUNCTION SERVING A VALID PUBLIC PURPOSE.
COMMISSIONER COYLE ATTENDED THE WOMEN'S
HEALTH RESEARCH LUNCHEON ON MARCH 19,2009 AT
THE NAPLES GRANDE; $50.00 TO BE PAID FROM
COMMISSIONER COYLE'S TRAVEL BUDGET - LOCATED AT
475 SEAGATE DRIVE
Item #16H4
COMMISSIONER COLETTA'S PAYMENT FOR ATTENDING A
FUNCTION SERVING A VALID PUBLIC PURPOSE.
COMMISSIONER COLETTA ATTENDED THE CHABAD OF
NAPLES FIFTH ANNIVERSARY AND AWARDS PROGRAM, 6
P.M., MARCH 22, 2009 AT THE NAPLES BEACH HOTEL. $150
PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET
Item # 16H5
Page 226
March 24, 2009
COMMISSIONER COLETTA'S PAYMENT FOR ATTENDING A
FUNCTION SERVING A VALID PUBLIC PURPOSE.
COMMISSIONER COLETTA ATTENDED THE GREATER
NAPLES BETTER GOVERNMENT COMMITTEE'S RECEPTION
HONORING RETIRING PRESIDENT OF GNBGC, LOU
VLASHO, APRIL 1,2009,5 P.M. AT VERGINA'S ON FIFTH
AVENUE. $5 TO BE PAID FROM COMMISSIONER COLETTA'S
TRAVEL BUDGET
Item #16H6
COMMISSIONER COLETTA'S PAYMENT FOR ATTENDANCE
AT A FUNCTION SERVING A VALID PUBLIC PURPOSE.
COMMISSIONER COLETTA WILL BE ATTENDING THE
COLLIER COUNTY JUNIOR DEPUTIES LEAGUE BBQ AND
FUNDRAISER EVENT FOR THE DEVELOPMENT OF CAMP
DISCOVERY, APRIL 18,2009,11 A.M. AT CAMP DISCOVERY.
$35 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL
BUDGET - LOCATED OFF COLLIER BLVD, NEXT TO THE
SWAMP BUGGY GROUNDS
Item # 16H7
COMMISSIONER HENNING'S REIMBURSEMENT
REGARDING ATTENDANCE AT A FUNCTION SERVING A
VALID PUBLIC PURPOSE. HE ATTENDED THE FIFTH
ANNUAL HONOR THE FREE PRESS DAY LUNCHEON ON
WEDNESDAY, MARCH 18,2009, AT THE HILTON HOTEL IN
NAPLES, FLORIDA. $30.00 TO BE PAID FROM
COMMISSIONER HENNING'S TRAVEL BUDGET - LOCATED
AT 5111 TAM lAM I TRAIL NORTH
Page 227
March 24, 2009
Item #1611
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
ACTION AS DIRECTED
The following miscellaneous correspondence, as presented by the
Board of County Commissioners, has been directed to the various
departments as indicated:
Page 228
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
March 24, 2009
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
I) Bayshore Beautification MSTlJ Advisory Committee:
Minutes of January 14,2009; January 22, 2009 Joint Workshop wi
BayshorclGateway Triangle CRA.
2) Collier County Citizens Corps:
Agenda of January 21, 2009.
Minutes ofJanuary 21,2009.
3) Emergency Medical Services Adyisory Council:
Minutes ofNovembcr 19,2008; February 23, 2009 Final Meeting.
4) Forest Lakes Roadway and Drainage Advisory Committee:
Minutes of January 14,2009.
5) Haldeman Creek Maintenance Dredging Advisory Committee:
Agenda of February 26, 2009.
Minutes of February 12,2009 - no quorum.
6) Immokalee Beautification Advisory Committee:
Minutes of November 19,2008.
7) Isles of Capri Fire Control District Advisory Committee:
Agenda of January 8, 2009.
Minutes of January 8, 2009.
8) Lely Golf Estates Beautification Advisory Committee:
Minutes of January 15,2009.
9) Library Advisory Board:
Agenda of February 18,2009.
Minutes of January 20, 2009.
10) Parks and Recreation Advisory Board:
Agenda of February 18, 2009.
Minutes of January 21,2009.
I I) Pelican Bay Services Division Board:
Minutes of January 7, 2009.
12) Radio Road Beautification Advisory Committee:
Agenda of February 17,2009.
Minutes of January 20, 2009.
B. Other;
I) Code Enforcement Special Magistrate:
Minutes of February 6, 2009.
March 24, 2009
Item #1611
DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 28, 2009
THROUGH MARCH 6, 2009 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item # 1612
DISBURSEMENTS FOR THE PERIOD OF MARCH 7, 2009
THROUGH MARCH 13, 2009 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #1613
THE STATE OF FLORIDA ANNUAL LOCAL GOVERNMENT
FINANCIAL REPORT FOR THE FISCAL YEAR 2007-2008 AS
REQUIRED BY FLORIDA STATUTE 218.32 - TO DOCUMENT
THE REVENUES AND EXPENDITURES FOR THE FISCAL
CYCLE IN ACCORDANCE TO THE STATE OF FLORIDA
UNIFORM ACCOUNTING SYSTEM
Item #16K1
STAFF TO WORK WITH THE COUNTY ATTORNEY TO
AMEND THE LAND DEVELOPMENT CODE (LDC) AND
RELOCATE TO THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES LDC SECTIONS 8.03.00 (THE PLANNING
COMMISSION ORDINANCE); 8.04.00 (THE BOARD OF
ZONING APPEALS ORDINANCE); 8.05.00 (THE BUILDING
BOARD OF ADJUSTMENTS AND APPEALS ORDINANCE);
8.06.00 (THE ENVIRONMENTAL ADVISORY COUNCIL
ORDINANCE); 8.07.00 (THE HISTORIC/ARCHAEOLOGIC
Page 229
March 24, 2009
PRESERVATION BOARD ORDINANCE); AND SECTION
8.08.00 (THE CODE ENFORCEMENT BOARD ORDINANCE),
AND AMENDING THE PLANNING COMMISSION'S
ORDINANCE REQUIRING NOMINATION BY THE
COMMISSIONER OF THE DISTRICT WHICH THE APPOINTEE
WOULD REPRESENT - FOR THE PURPOSE OF RELOCATING
THE PROVISIONS RELATING TO VARIOUS ADVISORY
BOARDS TO THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES
Item #16K2
TO PROCEED WITH ADVERTISING A PROPOSED
ORDINANCE AMENDING ORDINANCE NO. 2001-55, AS
AMENDED, (THE ADVISORY BOARD ORDINANCE)
ELIMINATING BOTH TERM LIMITS AND THE
RESTRICTIONS ON SIMULTANEOUS SERVICE ON MORE
THAN TWO COUNTY BOARDS
Item # 16K3
REPORT ON SIDEWALK REQUIREMENT FOR THE WORLD
TENNIS CENTER PLANNED UNIT DEVELOPMENT - THERE
ARE NO REQUIREMENTS FOR THIS DEVELOPEMNT TO
PLACE SIDEWALKS ALONGSIDE THE CANAL FACING
AIRPORT ROAD
Item #16K4
REPORT ON FAIR SHARE PAYMENTS REQUIRED TO BE
PAID TOWARDS THE INSTALLATION, OPERATION AND
MAINTENANCE OF THE TRAFFIC SIGNAL AT THE
Page 230
March 24, 2009
INTERSECTION OF PINE RIDGE ROAD AND WHIPPOORWILL
LANE
Item # 16K5
OFFICE OF COUNTY ATTORNEY TO SELECT AND RETAIN
OUTSIDE COUNSEL TO REPRESENT COMMISSIONER TOM
HENNING, AS WELL AS COUNTY EMPLOYEES STAN
CHRZANOWSKI AND RUDY MOSS, WHO ARE ALL BEING
SUED BY FORMER EMPLOYEE BARBARA BURGESON IN
THE CASE STYLED BARBARA BURGESON V. COLLIER
COUNTY, TOM HENNING, STAN CHRZANOWSKI, AND
RUDY MOSS, CASE NO. 09-2010-CA, TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COUNTY, AND IN ADDITION
TO WAIVE THE PURCHASING POLICY TO THE EXTENT IT
APPLIES TO THE SELECTION OF OUTSIDE COUNSEL
AND/OR OTHERWISE EXEMPT THE SELECTION OF
OUTSIDE COUNSEL FROM COMPETITION PURSUANT TO
VII.G. OF THE PURCHASING POLICY - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #17A
RESOLUTION 2009-75: PETITION: SV-2008-AR-13618 (NG)
CHM NAPLES HOTEL PARTNERS, LLC, THREE SIGN
VARIANCES ALLOWING TWO WALL SIGNS FOR SPRING
HILL SUITES, AND ONE DIRECTIONAL MONUMENT SIGN
TO SERVE AS BOTH AN ON-PREMISES SIGN FOR SPRING
HILL SUITES AND AN OFF-PREMISES SIGN FOR FAIRFIELD
INN. THE FIRST VARIANCE IS FROM SECTION 5.06.04.C.4.
OF THE LAND DEVELOPMENT CODE (LDC), WHICH
REQUIRES THAT ONE WALL SIGN SHALL BE PERMITTED
Page 231
March 24, 2009
FOR EACH SINGLE-OCCUPANCY PARCEL, TO ALLOW TWO
WALL SIGNS. THE SECOND VARIANCE IS FROM SECTION
5.06.04.C.16.B.I. OF THE LDC, WHICH ALLOWS A MAXIMUM
SIGN AREA OF 12 SQUARE FEET FOR AN OFF-PREMISE
DIRECTIONAL SIGN, TO ALLOW A 35.5 SQUARE FOOT OFF-
PREMISE SIGN. THE THIRD VARIANCE IS FROM SECTION
5.06.04.C.16.B.II. OF THE LDC, WHICH ALLOWS A MAXIMUM
SIGN HEIGHT OF 8 FEET ABOVE THE LOWEST CENTER
GRADE OF THE ARTERIAL ROADWAY FOR AN OFF-
PREMISE DIRECTIONAL SIGN, TO ALLOW A MAXIMUM
SIGN HEIGHT OF 12 FEET. THE SUBJECT PROPERTY IS
LOCATED AT 3798 WHITE LAKE BOULEVARD, IN SECTION
35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA. (CTS)
Item #17B
ORDINANCE 2009-12: AMENDING ORDINANCE NO. 2007-74,
THE COLLIER COUNTY CONVENIENCE BUSINESS
SECURITY ORDINANCE, INCLUDING THE PROVISIONS OF
FLORIDA ADMINISTRATIVE RULE 2A-5.005, MINIMUM
SAFETY STANDARDS FOR CONVENIENCE BUSINESSES -
REQUIRING SPECIFIED SECURITY MEASURES REGARDING
CONVIENCE STORE BUSINESSES AND TRAINING OF STORE
EMPLOYEES
Item #17C
RESOLUTION 2009-76: BUDGET AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2008-09
ADOPTED BUDGET
Page 232
March 24, 2009
Item #17D - Continued from the March 10,2009 BCC Meeting
(Per Agenda Change Sheet)
ORDINANCE 2009-13: A VOLUNTARY SEPARATION
INCENTIVE PROGRAM, AUTHORIZING THE COUNTY
MANAGER TO EXTEND A VOLUNTARY SEPARATION
INCENTIVE PROGRAM TO ELIGIBLE EMPLOYEES WITH AN
ENABLING RESOLUTION - TO REDUCE RECURRING FISCAL
COSTS THROUGHOUT THE ORGANIZATION WHILE
MINIMIZING THE IMP ACT TO EMPLOYEES AND
DEPARTMENTS
Page 233
March 24, 2009
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:30 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
~,~ d4~
DONNA IALA, Chairman
ATTEST: ," ,
r', . r',r;:'.?,!:",. , . ..
DWIGfrfE'. '~ROCK, CLERK
~ttPA~S1~ ~ ~
<, Att.1(U to Chi trll4ll ,
"<,I01!lturf 00"
;, "
These minu~proved by the Board on 11) 3-31 ifi , as presented
.~ ~. or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 234