BCC Minutes 04/14/2009 R
April 14, 2009
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 14, 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
Tom Henning
Jim Coletta
Frank Halas
ALSO PRESENT:
Jim Mudd, County Manager
Leo Ochs, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Mike Sheffield, Assistant to the County Manager
Sue Filson, BCC Executive Manager
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
April 14, 2009
9:00 AM
Donna Fiala, BCC Chairman Commissioner, District 1; CRAB Vice Chairman
Fred W. Coyle, BCC Vice-Chairman Commissioner, District 4
Jim Coletta, BCC Commissioner, District 5; CRAB 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 TI~E 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."
April 14, 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 A V AILABLE 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. March 10, 2009 - BCC/Regular Meeting
C. March 11, 2009 - District 1 Town Hall Meeting
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
5 Year Recipients - Public Vehicle Advisory Committee
1) Russell Berghuis
2) Tony Marino
1 0 Year Recipients - Educational Facilities Authority
3) Ross P. Obley
4) John Agnelli
April 14, 2009
Page 2
5) Barbara Minch-Rosenberg
6) Alice J. Carlson
4. PROCLAMATIONS
A. Proclamation designating April 22, 2009 as Earth Day in Collier County. To
be accepted by Dan Rodriguez, Solid Waste Director, Joe Bellone, Revenue
Services Manager, Utility Billing and Customer Service and Ray Smith,
Pollution Control Director.
B. Proclamation designating April 22, 2009 as Conservancy of Southwest
Florida Green Campus Day. To be accepted by Keith Callaghan,
Development Director, Conservancy of Southwest Florida.
C. Proclamation encouraging each and every Collier County parent and adult to
be called upon to BE THE WALL between their teen and alcohol; to be
clear, be firm, and be consistent when talking about alcohol. To be accepted
by Marla Ramsey, Helen Athan and Maribel De Armas on behalf of Drug
Free Collier.
D. Proclamation designating April, 2009 as Sexual Assault Awareness Month.
To be accepted by Dana MacMillan, Director of Advocacy, Gissa Infante,
Advocate/Prevention Educator and Shaina Hicks, Legal
Advocate/Counselor.
E. Proclamation designating April 12, 2009 through April 18, 2009 as Collier
County Animal Control Officer's Week. To be accepted by Amanda
Townsend, DAS Director, and Collier County Animal Control Officers.
F. Proclamation designating April 19, 2009 through April 25, 2009 as National
V olunteer Week in Collier County. To be accepted by Brian Kelly, RSVP
Project Director, the volunteer coordinators of the Public Services Division
and their volunteers.
G. Proclamation designating the week of April 12, 2009 through April 18, 2009
as National Telecommunicator's Week In Collier County. To be accepted by
Chief Greg Smith and Commander Bill Rule from the Collier County
Sheriffs Office.
April 14, 2009
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5. PRESENTATIONS
A. Recommendation to recognize Claudine Auclair, Principal Planner,
Transportation Planning, as Employee of the Month for March 2009.
B. Presentation of Platinum Safety Award to Collier County MedFlight
Division.
6. PUBLIC PETITIONS
A. Public petition request by Michael Schuman to discuss SCORE's services to
support small business facing economic difficulties.
B. Public petition request by Todd Strausbaugh to discuss stormwater
management system requirements at 20 Pelican Street East.
C. Public petition request by Barry Goldmeier to discuss impact fee deferral for
affordable apartment development in Immokalee.
D. Public petition request by Edward Bakay to discuss unsafe vehicular traffic
on Frangipani Avenue and Dove Tree.
E. Public petition request by William McDonough, Esq. to discuss the Palm
River Estates Unit NO.5 North/South Stormwater Improvements. (This item
to be heard in conjunction with Item lOB.)
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item reQuires that anyone who wishes to participate shall be sworn
in. ZLTRA-2009-AR-14174 Mario Castenada represented by Dwight
Nadeau of RWA, Inc., is requesting an appeal ofZLTR-2008-AR-13025.
The applicant proposed to open a retail clothing store in the Mir Mar PUD
(Ordinance No. 98-72) but the Directors found the use was not allowable per
the Golden Gate Area Master Plan and the Mir Mar PUD. The subject
property is located in Section 27, Township 48 South, Range 27 East, Collier
County, Florida.
April 14, 2009
Page 4
8. ADVERTISED PUBLIC HEARINGS
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Immokalee Enterprise Zone Development
Agency.
B. Appointment of member to the Parks and Recreation Advisory Board.
C. Appointment of members to the Contractors Licensing Board.
D. Discussion regarding the recommendation of the Productivity Committee
that the Board of County Commissioners explore Charter Government to
achieve significant cost-savings through the consolidation of major functions
(Commissioner Coyle).
10. COUNTY MANAGER'S REPORT
A. Recommendation that the Board of County Commissioners (BCC) direct
staff on the preferred process to be used to administratively extend the
sunsetting date for all PUDs that have sunsetted or that are approaching its
established sunsetting date. (Joseph K. Schmitt, Administrator, CDES)
B. Recommendation to award Bid #09-5199 including Alternate No. 1 for
construction of Palm River Estates Unit 5 N-S Stormwater Improvements,
Project No. 510301, to Stahlman - England Irrigation, Inc. in the amount of
$348,269.11 plus a ten percent contingency and approve necessary budget
amendment. (Jerry Kurtz, Principal Project Manager)
C. This item to be heard at 11 :30 a.m. This item reQuires that all
participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation to approve a Developers
Contribution Agreement (DCA) between Kite Eagle Creek II, LLC, KRG
Eagle Creek IV, LLC, KRG 951 & 41, LLC, ABC Liquors, Inc., RealtyNet
Real Estate, LLC and Habitat for Humanity of Collier County, Inc., (The
Developers) and Collier County to fund construction improvements to the
intersection of US-41 and SR/CR -951. (Nick Casalanguida, Transportation
Planning Manager)
April 14, 2009
Page 5
D. This item to be heard at 10:30 a.m. Recommendation that the Board of
County Commissioners approve budget amendments associated with
proposed midyear FY 2009 budget reductions totaling $7,235,800 within the
General Fund (001) due to anticipated reductions in actual property tax
receipts, state shared revenues and sales tax revenue.
E. Recommendation to approve the Report and Recommendations of the
Productivity Committee relating to their study and evaluation of the
methodology, reasonableness, and competitiveness of the invoices received
from the Clerk. (Len Price, Administrative Services Administrator)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard at 12:00 noon. Notice is hereby given that pursuant
to Section 286.011(8), Fla. Stat., the County Attorney desires advice from
the Board of County Commissioners in closed attorney-client session on
TUESDAY, APRIL 14,2009, at a time certain of 12:00 noon in the
Commission conference room, 3rd Floor, W. Harmon Turner Building,
Collier County Government Center, 3301 East Tamiami Trail, Naples,
Florida. In addition to Board members, County Manager James Mudd,
County Attorney Jeffrey A. Klatzkow, Litigation Section Chief Jacqueline
Hubbard, and outside counsel Theodore L. Tripp, Jr., Esq., will be in
attendance. The Board in executive session will discuss: Settlement
negotiations in the pending litigation case of Board of County
Commissioners v. Dwight E. Brock, Clerk of Courts, Case No. 07-1056-CA,
now pending in the Twentieth Judicial Circuit in and for Collier County,
Florida.
B. This item to be heard at 1:00 p.m. For the Board of County
Commissioners to provide direction to the County Attorney regarding
strategy related to settlement negotiations in the pending litigation case of
Board of County Commissioners v. Dwight E. Brock, Clerk of Courts, Case
No. 07-1056-CA, now pending in the Twentieth Judicial Circuit in and for
Collier County, Florida.
13. OTHER CONSTITUTIONAL OFFICERS
April 14, 2009
Page 6
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
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 approve final acceptance of the water and sewer
utility facilities for Players Cove.
2) To accept final and unconditional conveyance of the water and utility
facility for Alden Woods.
3) Recommendation to approve final acceptance of the water and sewer
utility facility for Moorgate Point.
4) To accept final and unconditional conveyance of the water utility
facility for Omni II.
5) To accept final and unconditional conveyance of the water utility
facility for Millers Alehouse at The Promenade at Naples Centre.
6) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Bristol Pines, Phase I with
the roadway and drainage improvements being privately maintained.
7) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Bellagio at Fiddlers Creek
with the roadway and drainage improvements being privately
maintained.
8) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearine: be held on this item, all
April 14, 2009
Page 7
participants are reQuired to be sworn. Recommendation to approve
for recording the final plat of Alligator Alley Commerce Center Phase
Two.
9) Recommendation that the Board of County Commissioners (Board)
approve a Stormwater Management Release statement to fulfill a
requirement of the Youth Haven SDP approval.
10) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearine: be held on this item, all
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of Cortile at Mediterra Parcel 118
Replat.
11) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearine: be held on this item, all
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of Heritage Bay, Lions Bay Court
Replat.
12) Recommendation that the Board of County Commissioners endorse
recommended amendments to the Code Enforcement Boards Rules
and Regulations.
13) Recommendation to accept a proposed settlement offer providing for
Compromise and Release of Lien in the Code Enforcement Action
relating to property located at 2946 45th Avenue NE, Collier County,
Florida.
B. TRANSPORTATION SERVICES
1) Recommendation to approve an Easement Agreement for the purchase
ofa Road Right-of-Way, Drainage and Utility Easement (Parcel
1626RDUE) required for the Vanderbilt Beach Road Extension
Project. (Project No. 60168 - Phase II.) Estimated Fiscal Impact:
$8,600.00.
2) Recommendation that the Board of Collier County Commissioners
approve award of Bid #09-5161, Purchase and Delivery of Metal and
Polyethylene Pipe to Ferguson Waterworks, Coast Pump and Supply
April 14, 2009
Page 8
Co., Contech Construction Products, Inc., HD Supply Waterworks
Inc. and Metal Culverts, Inc. for an estimated annual expenditure of
$50,000.
3) Recommendation to recognize and accept revenue for Collier Area
Transit in the amount of $23,900.00 and to approve needed budget
amendments.
4) Recommendation to approve a budget amendment in the amount of
$57,349.72 for Traffic Accident Reimbursements, project #60076.1,
and to recognize revenues for future repairs.
5) Recommendation that the Board of County Commissioners reject Bid
#09-5218 Golden Gate Overpass (Bears Paw Trail to Livingston
Road) Landscape Maintenance.
6) Recommendation to award Bid #09-5089 "Lely Golf Estates MSTU
Roadway Grounds Maintenance" to Florida Land Maintenance, Inc.
d/b/a Commercial Land Maintenance, Inc. in the estimated annual
amount of $75,233.00.
7) Recommendation to award Bid #09-5189 Forest Lakes MSTU
Projects F45/F50 Drainage Swale Repair & Restoration to Earth Tech
Enterprises, Inc. in the amount of$122,450.00
8) Recommendation to approve the purchase of 5 acres of unimproved
property which is required for the construction of a stormwater
retention and treatment pond for Phase II of the Vanderbilt Beach
Road Extension Project. ($150,950)
9) Recommendation to Award Bid #09-5185 for Preparation and
Delivery of Title Commitments and Real Estate Closing Services.
10) Recommendation that the Board of Collier County Commisioners
approve award of Bid #09-5173, Landcare Services for Road and
Bridge to Caribbean Lawn & Garden of SW Naples FL, Inc. and
M&B Lawn Maintenance Services, Inc. for an estimated annual
expenditure of $300,000.
April 14, 2009
Page 9
11) Request for authorization for staff to bring to the Board a proposed
amendment to Ordinance No. 92-40, as amended, which created the
Immokalee Beautification Municipal Service Taxing Unit, to expand
the boundaries to match the urban boundary within current Immokalee
Community Redevelopment Agency (ICRA) boundaries.
12) Recommendation for the Board of County Commissioners to approve
expenditures for capital improvements within the Naples Production
Park and Pine Ridge Industrial Park Municipal Service Taxing Units
(MSTUs).
13) Recommendation to approve Amendment to February 24,2009,
Memorandum of Agreement between Florida Department of
Environmental Protection (FDEP), through its Office of Coastal and
Aquatic Managed Areas (CAMA), and Collier County; and to approve
an initial work order for $299,012.00 on a project to not exceed
$500,000.00 in available grant funds to be reimbursed to the County
by FDEP to make hydrologic restoration improvements on Shell
Island Road.
C. PUBLIC UTILITIES
1) Recommendation to approve a Work Order under Contract #07-4088
Trenchless Sewer System Rehabilitation Contracting Services in the
amount of $692,225.00 to Miller Pipeline Corporation to complete the
rehabilitation of the sewer lines in North Naples (Area 1-4); Project
#73050.
2) Recommendation that the Board of County Commissioners approve
an amendment to the Florida Innovative Waste Reduction and
Recycling Grant, School Beverage Container Recycling Challenge
Program grant agreement IG8-07, from the Florida Department of
Environmental Protection (Grant Agreement) to recognize the
signature of the current Chairman of the Collier County Board of
County Commissioners (BCC).
3) Recommendation that the Board of County Commissioners approve
an amendment to the Florida Innovative Waste Reduction and
Recycling Grant, Collier County Seasonal and Year Round Business
How to Recycle Videos grant agreement IG8-09, from the Florida
April 14, 2009
Page 10
Department of Environmental Protection to recognize the signature of
the current Chairman of the Collier County Board of County
Commissioners (BCC).
4) Recommendation to approve a Resolution of the Board of County
Commissioners, expressing opposition to proposed Florida House Bill
5121, which would impose a new solid waste disposal "tipping fee" of
$1.25 per ton on any owner of a permitted solid waste facility for solid
waste disposed at the disposal site.
D. PUBLIC SERVICES
1) Recommendation for the Board of County Commissioners to accept
funding from South Florida Water Management District (SFWMD) in
the amount of $20,000.00 for the Florida Yards & Neighborhood
Program managed by the Collier County University of Florida/IF AS
Extension Department, and approve a budget amendment in the
amount of $20,000.00.
2) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign, five (5) Developer lien
agreements for deferral of 100% of Collier County impact fees for
owner-occupied affordable housing units located in Collier County.
3) Recommendation to authorize acceptance of the conveyance of a
Sovereignty Submerged Lands Easement from the Board of Trustees
of the Internal Improvement Trust Fund of the State of Florida for the
Collier Boulevard Boating Park at a total cost not to exceed $129.00,
Project #800711.
4) Recommendation that the Board of County Commissioners approves
and authorizes its Chairman to sign a modification to Disaster
Recovery Grant Initiative Agreement #08DB-D3-09-21-01-A03
between the Florida Department of Community Affairs (DCA) and
Collier County for hurricane hardening projects.
5) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, eight (8) owner-occupied lien
agreements for deferral of 100% of Collier County impact fees for
owner-occupied affordable housing dwelling units located in Collier
April 14, 2009
Page 11
County.
6) Present to the Board of County Commissioners 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.
7) Recommend that the Board of County Commissioners approve and
authorize the Chairman to sign an Interlocal Agreement for Beach
Maintenance between Collier County, the City of Marco Island, and
Hideaway Beach District.
8) Recommendation that the Board of County Commissioners award bid
#09-5221, Modular Homes for Housing and Human Services
Department, to Idyll Construction, Inc. in the amount of$344,259.00
to provide replacement homes using Disaster Recovery Initiative
funds to four (4) citizens whose homes were severely damaged as a
result of Hurricane Wilma.
9) Recommendation for the Board of County Commissioners to award
RFP No. 08-5128 for the provision of Pharmacy Services for the
Social Services Program to Sunshine Pharmacy, Inc. and Collier
Health Services.
10) Recommendation that the Board of County Commissioners approves
and authorizes its Chairman to sign a modification to Disaster
Recovery Grant Initiative Agreement #07DB-3V-09-21-01-Z01
between the Florida Department of Community Affairs (DCA) and
Collier County for hurricane hardening projects delayed due to
permitting issues. This modification will update work schedules on
file with the DCA for each project with this grant.
11) Recommendation for the Board of County Commissioners to approve
the award of Bid #09-5163 to the lowest qualified and responsive
bidder Professional Building Systems, for the construction contract of
the Conner Park parking lot Expansion Project #90039.1 for
$180,419.00.
April 14, 2009
Page 12
E. ADMINISTRATIVE SERVICES
1) Recommendation that the BCC recognize the receipt of$I1.89 from
Nationwide Retirement Solutions and authorize the Human Resources
Department to accept future similar settlement checks.
2) Recommendation that the Board of County Commissioners adopt a
resolution supporting the creation of a specialty license plate that
would recognize the contributions of West Point graduates and
enlighten others with an awareness of the educational and career
opportunities that West Point offers.
3) Recommendation to approve the Milano Preserve Final Management
Plan under the Conservation Collier Land Acquisition Program
4) Recommendation to approve a Resolution authorizing the Chairman
of the Board of Collier County Commissioners (BCC) to execute a
Statutory Deed for the conveyance of County-owned property (mobile
home sites) within the Bayshore/Gateway Community Redevelopment
area to the Collier County Community Redevelopment Agency
(CRA); and waive any code enforcement penalties levied against the
property that are not associated with costs incurred by the County
Code Enforcement Department to abate the violations: Site Address
3155 & 3175 Karen Drive. (Companion to Item 16G5)
5) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
6) Correct Scrivener's Error in Purchasing Policy regarding the hiring of
legal experts and consultants pertaining to on-going litigation.
F. COUNTY MANAGER
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2008-09 Adopted Budget.
2) Recommendation to approve a Resolution of the Board of County
Commissioners of Collier County, Florida, in support of a Seminole
Indian Gaming Compact which includes a revenue sharing agreement
April 14, 2009
Page 13
with affected local governments that would provide five (5) percent of
casino revenues directly to affected local governments to offset
impacts to infrastructure.
3) For the Board of County Commissioners to approve the submittal of a
Grant Application to Visit Florida in the amount of $5,000 to offset
some of the cost of a Cultural Arts brochure for Collier County and
authorize the Tourism Director to sign the grant application.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommend the Collier County Community Redevelopment Agency
Board review and approve the Bayshore Gateway Triangle CRA
Goals and Obj ectives for 2009.
2) Recommendation that the Board of Collier County Commissioners
acting as the governing body of the Bayshore Beautification
Municipal Services Taxing Unit (MSTU) approve a Resolution
accepting the donation of plant materials from American Farms for
the beautification of public right-of-ways within the Bayshore
Beautification Municipal Service Taxing Unit Area.
3) Request that the Collier County Redevelopment Agency Board
approve the attached Commitment of Funds Agreement for the
reimbursement of $300,000.00 for infrastructure development costs to
Florida Non Profit Services, Inc. for the rental housing portion (176
rental units) of the affordable housing project known as Esperanza
Place, located in the Immokalee Community Redevelopment Area at
2702 Immokalee Drive, Immokalee.
4) Request that the Collier County Redevelopment Agency Board
approve the attached Commitment of Funds Agreement for the
reimbursement of $300,000.00 for infrastructure development costs to
Empowerment Alliance of Southwest Florida Community
Development Corporation for the homeownership portion (62 owner
occupied units) of the affordable housing project known as Esperanza
Place, located in the Immokalee Community Redevelopment Area at
2702 Immokalee Drive, Immokalee.
April 14, 2009
Page 14
5) Recommendation that the Community Redevelopment Agency (CRA)
accept the conveyance of County-owned property (mobile home sites)
within the boundaries of the Bayshore/Gateway Triangle
Redevelopment area to enact the residential infill provision of the
CRAs Master Redevelopment Plan; direct CRA staff to record an
executed Statutory Deed from the County; and approve payment and
authorize the CRA Executive Director to make payment from the
Bayshore Gateway Triangle CRA Fund 187 for all cost and expenses
necessary to close the transaction and insure clear title of same: Site
address 3155 & 3175 Karen Drive. (Companion to Item 16E4)
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended an Event Honoring Jonathan Green on March 23,2009 at
the Naples Bay Resort Yacht Club in Naples, FL. $50.00 to be paid
from Commissioner Fiala's travel budget.
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Know Your County Government Luncheon on March
24,2009 at the East Naples United Methodist Church in Naples, FL.
$10.00 to be paid from Commissioner Fiala's travel budget.
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Junior Deputies Barbeque on April 18, 2009 at the
East Naples United Methodist Church in Naples, FL. $35.00 to be
paid from Commissioner Fiala's travel budget.
4) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Project Innovation Initiatives luncheon meeting on
Wednesday, March 18,2009 at the Economic Development Council
(EDC) office in Naples, Florida $6.00 to be paid from Commissioner
Coletta's travel budget.
5) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
April 14, 2009
Page 15
Attended the Annual Meeting of the Everglades Society for Historic
Preservation on Tuesday, March 3, 2009, at the Seafood Depot in
Everglades City, Florida. $12.49 to be paid from Commissioner
Coletta's travel budget.
6) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the celebration of The Gordon River Greenway on
Wednesday, April 8, 2009, at The Plaza on Third Street South in
Naples, Florida. $50.00 to be paid from Commissioner Halas' travel
budget.
7) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the 2009 Gala & Auction for the Foundation for the
Developmentally Disabled on Saturday, February 21,2009, at the
Naples Beach Hotel & Golf Club in Naples, Florida. $125.00 to be
paid from Commissioner Coletta'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 March
14,2009 through March 20, 2009 and for submission into the official
records of the Board.
2) To obtain Board approval for disbursements for the period of March
21, 2009 through March 27, 2009 and for submission into the official
records of the Board.
3) Recommend that the Board of County Commissioners approve the use
of Confiscated Trust Funds for Drug Abuse Education and Prevention.
4) Recommend that the Board of County Commissioners designate the
Sheriff as the Official Applicant and Program Point-of-Contact for the
United States Department of Justice (DOJ), Office of Justice
Programs', Bureau of Justice Assistance (BJA), American Recovery
April 14, 2009
Page 16
and Reinvestment Act of 2009 (The "Recovery Act") Edward Byrne
Memorial Justice Assistance Grant (JAG) Program, accept the grant
when awarded, approve applicable budget amendments, and approve
the Collier County Sheriffs Office to receive and expend the
$547,316 payment of Recovery Act JAG Grant Funds.
5) Recommendation that the Board of County Commissioners of Collier
County approve a Budget Amendment for Election Services
pertaining to services and voting equipment used by the Golden Gate
Fire Control and Rescue District in connection with a special election
to be held on May 12, 2009.
6) To obtain Board approval for disbursements for the period of March
28,2009 through April 3, 2009 and for submission into the official
records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to approve a Stipulated Final Judgment in the
amount of $154,900 for Parcels 110 & 710 in the lawsuit styled
Collier County v. Regions Bank, et aI., Case No. 07-3641-CA (Collier
Boulevard Project #60001). (Fiscal Impact $ .00.)
2) Recommendation to approve a Stipulated Final Judgment in the
amount of$75,000 for Parcels 123 and 823 in the lawsuit styled
Collier County v. John J. Yaklich, et. aI., Case No. 03-2259-CA
(Golden Gate Parkway Project No. 60027). (Fiscal Impact $115,825.)
3) The Office of the County Attorney submits for the Boards review
Jerry Blocker and Kimberlea Blockers Offer of Judgment in Case No.
08-9355-CA, pending in the Twentieth Judicial Circuit in and for
Collier County. The County Attorney recommends that the Board take
no action on this Offer.
4) Recommendation that the Board of County Commissioners accepts a
Settlement Offer in the sum of$840,125.04, and authorize the
Chairman to execute a Settlement Agreement, Release and
Satisfaction, a Release of Lis Pendens, and a Conveyance of Contract
Rights with and to LEHMAN HOUSING TAX CREDIT FUND VII,
L.P., that settles in full the litigation styled as Board of County
April 14, 2009
Page 17
Commissioners v. CEI/Kensington, et al. 08-07625-CA, now pending
in the Circuit Court for the Twentieth Judicial Circuit in and for
Collier County, Florida, direct all the documents to be recorded in the
Official Records of Collier County, Florida, and direct the County
Attorney to take whatever additional action is necessary to implement
this Settlement.
5) Request that the Board of County Commissioners review and approve
the County Attorneys recommendation to waive any potential ethics
conflict for a Parks and Recreation Advisory Board member based on
Ch. 112, Florida Statutes.
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 ITEMS, WmCH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item reQuires ex parte disclosure be provided by Commission
Members. Should a hearine: be held on this item, all participants are
reQuired to be sworn in. Recommendation to approve Petition A VESMT-
2008-AR-14016, Fiddlers Creek Phase 4, Unit 2, to disclaim, renounce and
vacate the Countys and the Publics interest in two 15-foot wide drainage
easements along the lot lines of Lots 7 & 8 and Lots 13 & 14 in Block A, of
Fiddlers Creek Phase Four, Unit Two as filed in Plat Book 45, Pages 40-47
of the Public Records of Collier County, Florida, being more specifically
depicted and described in Exhibit A and to accept three replacement
drainage easement areas over Lots 6 & 7 and 14 & 15 and Lot 22, Block A
as shown on Exhibit B, all being situated in Section 11 and 14, Township 51
South, Range 26 East, Collier County, Florida.
April 14, 2009
Page 18
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. SV-2008-AR-13664
Port of the Islands Community Improvement District, represented by Robert
L. Duane, AICP, of Hole Montes, Inc., is requesting three (3) sign variances.
The first sign variance is from Land Development Code (LDC) Subsection
5.06.04 C.16.b.i. which allows a maximum sign area of 12 square feet for an
off-premise directional sign to allow a 32 +/1 square foot off-premise sign.
The second variance is from LDC Subsection 5.06.04 C.16.b.v. which
requires a sign to be located wi thin 1,000 lineal feet of the intersection of the
road serving the use to allow greater distances of up to 6,000 lineal feet for
up to 10 uses. The third sign variance is from LDC Subsection 5.06.04
C.16.c which requires a sign to be located to no closer than 50 feet from a
residentially zoned district to allow a lesser distance of 23 feet. The subject
property is located on the north side of U.S. 41 in Section 9, Township 52
South, Range 28 East, Collier County, Florida.
C. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. SV-2008-AR-13665
Port of the Islands Community Improvement District, represented by Robert
L. Duane, AICP, of Hole Montes, Inc. is requesting a Sign Variance from
LDC Subsection 5.06.04 C.16.b.i. which allows a maximum sign area of 12
square feet to allow a 64-square foot off-premise sign at the Port of the
Islands. The subject property is located in the Port of the Islands at the
intersection of Tamiami Trail East (U.S. 41) and Newport Drive in Section
9, Township 52 South, Range 28 East, Collier County, Florida. (CTS)
D. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. SV-2008-AR-13960
Port of the Islands Community Improvement District, represented by Robert
L. Duane, AICP, of Hole Montes, Inc., is requesting a Sign Variance from
LDC Subsection 5.06.04 C.16.b.i., which allows a maximum sign area of 12
square feet, to allow an 18-square foot off-premise sign at the Port of the
Islands in the median of Cays Drive (south ofU. S. 41) 18 S.F. in area with
sign copy and logo designation the Port of the Islands Cays Drive. The
subject property is located in the Port of the Islands at the intersection of
Tamiami Trail East (U. S. 41) and Cays Drive in Section 9, Township 52
South, Range 28 East, Collier County, Florida. (CTS)
April 14, 2009
Page 19
E. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 200S-09 Adopted Budget.
F. Recommendation that the Board of County Commissioners adopts an
Ordinance amending Ordinance No. 2001-55, as amended (the Advisory
Board Ordinance), by eliminating term limits and the restrictions on
simultaneous service on more than two County Boards, and in addition,
deleting the provision entitled "Review of Boards" in its entirety.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
April 14, 2009
Page 20
April 14, 2009
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Madam Chairman, Commissioners, you have a hot mike.
CHAIRMAN FIALA: Thank you very much. And with that, as
we start our meeting, we'd like to have an invocation said by our
county manager, Jim Mudd, followed by the Pledge of Allegiance,
which will -- and we'll be led in the pledge by Commissioner Jim
Coletta.
Please stand with me.
MR. MUDD: Commissioners, if you'd -- we're going to say two
prayers today, the first is, let us pray, our Heavenly Father. We ask
your blessings on these proceedings and all who are gathered here.
We ask a special blessing on this Board of County Commissioners,
guide them in their deliberations, grant them the 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. Your will be done.
And the second prayer today is, ladies and gentlemen, in your
prayers, please remember Stanley Hall, a man deeply and always
concerned about his community. His untimely passing this week
leaves a rather large hole for this community. He was a man of
constant encouragement. We shall miss him.
Lord, may you keep his family in the palm of your hands during
this time of need. Amen.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: Thank you all for being here. I hope
you're all going to stay for the entire meeting because we like an
audience. So close the doors, bar the doors.
And as we prepare to approve this consent agenda, 1'd like to
bring to your attention two resolutions addressing legislation proposed
in the Florida legislature that impacts the citizens of Collier County.
Page 2
April 14, 2009
First, the board is opposing House Bill Number 5121, which
represents an unfunded mandate in the form of a solid waste disposal
fee, garbage collection, just so that's it's said more clearly, of $1.25 per
ton which will be passed on to the residents and businesses of Collier
County. And as I said, we oppose that.
At $1.25 per ton, this means $350,000 in additional taxes will be
imposed on customers in Collier County, and that money will now go
to the state's general fund. This is not just a new fee. This is a tax
imposed on local governments for providing an essential government
service. This would be like taxing local government for providing fire
and police services. Just does not make any sense.
Secondly, the board is approving support for a Seminole Indian
gaming compact which includes a revenue sharing agreement with
affected local governments that would provide 5 percent of casino
revenues directly to affected local governments to offset impacts to
infrastructure. This provision is not included in the two bills currently
under consideration in the Florida legislature. So I just wanted you to
know that these are issues that we are addressing, just so that
everybody in our community is aware.
And with that, 1'd like to move on to Jim Mudd.
Item #2A
TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES
MR. MUDD: Agenda changes, Board of County
Commissioners' meeting, April 14, 2009.
Add Item 5C. It's a quarterly presentation by Sheriff Kevin
Rambosk, and this request add-on was at the County Manager's Office
request.
The next item is 12A, continued to May 12, 2009, BCC meeting.
Page 3
April 14, 2009
This item to be heard at 12 noon. Notice hereby given that pursuant
to Section 286.011 (8), Florida Statutes, the county attorney desires
advice from the Board of County Commissioners in closed
attorney-client session on Tuesday, April 14, 2009, at a time certain of
12 noon in the commissioners' conference room, third floor, W.
Harmon Turner Building, Collier County Government Center, 3301
East Tamiami Trail, Naples, Florida.
In addition to board members, County Manager Jim Mudd,
County Attorney Jeffrey A. Klatzkow, Litigation Section Chief
Jacqueline Hubbard, and outside counsel Theodore L. Tripp, Jr.,
Esquire, will be in attendance.
The board, in executive session, will discuss settlement
negotiations in the pending litigation case of the Board of County
Commissioners versus Dwight E. Brock, Clerk of Courts, case number
07 -1 056-CA, now pending in the 20th Judicial Circuit in and for
Collier County, Florida.
This request to continue this particular item until May 12, 2009 is
at Commissioner Fiala's request.
The next item is Item 12B, continued to May 12,2009, BCC
meeting. This item to be heard at one p.m., and that's normally the
companion after a shade session, for the Board of County
Commissioners to provide direction to the county attorney regarding
strategy related to settlement negotiations in the pending litigation
case, the Board of County Commissioners versus Dwight E. Brock,
Clerk of Courts, case number 07-1056-CA, now pending in the 20th
Judicial Circuit in and for Collier County, Florida.
Again, this request to continue this particular item until May 12,
2009, is at the chairman's request.
The next item is to continue Item 16A 12 to May 12, 2009, BCC
meeting. It's a recommendation that the Board of County
Commissioners endorse recommended amendments to the Code
Enforcement Board's rules and regulations. That continuation is at
Page 4
April 14, 2009
staff s request.
The next item is 16B5. In the executive summary under
considerations, the eighth line, the word too spelled too should be
spelled to. That correction is at Commissioner Fiala's request.
The next item is 16D4. In the executive summary, second
paragraph, under considerations it states: Timing of the DR! funding
availability could not accommodate the construction schedule for the
transitional housing project.
The SA WCC has completed this project with other funding for
these activities, and the project no longer requires DR! funding. The
sub-recipient agreement for this project approved by the board on June
24, 2008, Item 16D23, is hereby canceled. That clarification's at staffs
request.
The next item is to withdraw Item 16D8. It's a recommendation
that the Board of County Commissioners award bid number 09-5221,
Modular Homes for Housing and Human Services Department, to
Idyll Construction, Inc., in the amount of $344,259 to provide
replacement homes during -- after recovery initiative -- excuse me --
to provide replacement homes using disaster recovery initiative funds
to four citizens whose homes were severely damaged as a result of
Hurricane Wilma. That withdrawal's at staffs request.
The next item is to move Item 16K5 to 12C. It's a request that the
Board of County Commissioners review and approve the county
attorney's recommendation to waive any potential ethics conflict for a
Parks and Recreational Advisory Board member based on Chapter
112, Florida Statutes. This item is being moved at Commissioner
Coyle's request.
There's a note. At the March 28, 2009, BCC meeting, the board
authorized the chair to send a letter to the South Water -- the South
Florida Water Management District requesting that a representative
make a presentation to the board at the April 14, 2009, meeting,
regarding the status of their efforts to secure an A TV site.
Page 5
April 14, 2009
The South Florida Water Management District officials have
informed staff that they are compiling information to offer a more
comprehensive status update and have asked to make a presentation at
the May 12, 2009, board meeting. So we haven't forgot your direction
to staff, and we've have made coordination. And I believe that they'll
come forward and we'll have something that's coherent when they give
their presentation.
We have some time certain items today, Commissioners, Madam
Chair. First is Item 10C to be heard at 11 :30 a.m. This item requires
that all participants be sworn in and ex parte disclosure be provided by
commission members. It's a recommendation to approve a developer's
contribution agreement between Kite Eagle Creek II, LLC; KRG
Eagle Creek IV, LLC; KRG 951 and 41, LLC; ABC Liquors, Inc.;
Realty Net Real Estate, LLC; and Habitat for Humanity of Collier
County, Inc., the developers; and Collier County, to fund construction
improvements to the intersection of U.S. 41 and State Road/County
Road 951.
The last item I have on my list is Item 10D to be heard at 10:30
a.m. It's a recommendation that the Board of County Commissioners
approve budget amendments associated with proposed mid-year
FY2009 budget reductions totaling $7,235,800 within the general
fund, which is fund 001, due to anticipated reductions in actual
property tax receipts, state shared revenues, and sales tax revenues.
That's all I have to say, Madam Chair.
CHAIRMAN FIALA: Thank you, Mr. Mudd.
County Attorney, do you have any additions, corrections, or
advice?
MR. KLATZKOW: Nothing today, ma'am.
CHAIRMAN FIALA: All right, fine.
Commissioner Coyle, anything to declare on the -- as ex parte on
the consent or summary or any additions or corrections?
COMMISSIONER COYLE: No, no additions or corrections toD
Page 6
April 14, 2009
the agenda, no disclosures for the consent agenda, and for the
summary agenda, with respect to items B, C, and D, I have
correspondence, which is included in my packet.
And if I could just make one comment concerning some
introductory remarks you made and encourage the listeners and the
people present to, perhaps, take action.
The reason that the agreement with the Seminole Indian Casino
provides for funding for local governments is that local government is
responsible for providing infrastructure and building the roads and
everything else to accommodate additional traffic which is caused by
casinos. That's why the agreement was written the way it was written
so that we would have funds to do that.
If we don't have the funds to develop the appropriate
infrastructure, it is going to affect all of you because we won't have
enough funds to maintain our infrastructure in Collier County.
So if you're at all concerned about that, you need to contact our
state legislators and tell them not to take that money away from us
because that's what they plan to do. They're going to take that money
and use it in Tallahassee, not here in Collier County. So it's very, very
important.
That's all I have to say.
CHAIRMAN FIALA: Thank you very much for clearing that
up. I really appreciate that.
Commissioner Halas?
COMMISSIONER HALAS: Good morning, Madam Chair.
I have nothing to come forward with as far as ex parte on the
consent agenda nor the summary agenda, and I don't have any addition
or deletions from today's agenda. And 1'd also like to comment that
this charge for a $1.25 per ton may not sound like a lot. But instead of
the people up in Tallahassee doing the right thing and figuring out
what really needs to be done with a fair and equitable tax system in
the State of Florida, which they obviously did not address last year
Page 7
April 14, 2009
when we had the Taxation and Budget Reform Committee together,
now they want to get involved in regards to corning down here and
taking away our home rule and basically transferring the funds from
local government, taking that and addressing their shortcomings at the
state budget.
So I would hope that, again, as Commissioner Coy Ie said, that
you would address this issue with our elected representatives that
represent us in Tallahassee.
Thank you.
CHAIRMAN FIALA: Thank you very much.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
I have nothing to declare as far as the consent agenda goes or the
summary agenda, and I have no changes to the agenda.
Thank you, ma'am.
CHAIRMAN FIALA: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: No changes on -- no ex parte on
today's consent or summary. I would like to move 16E5 and 16B13 to
the regular agenda.
MR. MUDD: They would be items 16 -- oh, excuse me -- would
be 10F and lOG.
CHAIRMAN FIALA: And that's 16 -- say them again, 16A5.
COMMISSIONER HENNING: E5, Edward.
CHAIRMAN FIALA: 16E and 16 --
COMMISSIONER HENNING: 16 Baker 13.
CHAIRMAN FIALA: Thank you very much.
COMMISSIONER HENNING: I'm assuming the county
manager didn't have time to go over some of these things on the
consent.
CHAIRMAN FIALA: Okay. I thank you.
And I have nothing to declare on the consent or the summary
Page 8
April 14, 2009
agenda, no changes or additions to the agenda.
And with that, I ask for a motion to approve the agenda.
COMMISSIONER COLETTA: So moved --
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: -- as corrected. Thank you.
I have a move by Commissioner Coletta, second by
Commissioner Henning -- or, I'm sorry, Halas.
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. Commissioner Henning, could
you tell us why you opposed that?
COMMISSIONER HENNING: Yeah. There was a proposed
settlement agreement that's not being accepted by the Board of
Commissioners.
CHAIRMAN FIALA: Okay, thank you.
And then do I hear a motion to approve --
COMMISSIONER COYLE: So moved.
COMMISSIONER HALAS: Second.
Page 9
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
April 14. 2009
Add Item 5C: Quarterly presentation from Sheriff Kevin Rambosk. (County Manager's Office request.)
Item 12A continued to the May 12. 2009 BCC meetin!:l: This item to be heard at 12:00 Noon. Notice is
hereby given that pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the
Board of County Commissioners in closed attorney-client session on Tuesday, April 14, 2009, at a time
certain of 12:00 noon in the Commission conference room, 3rd Floor, W. Harmon Turner Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members,
County Manager James Mudd, County Attorney Jeffrey A. Klatzkow, Litigation Section Chief Jacqueline
Hubbard, and outside counsel Theodore L. Tripp, Jr., Esq., will be in attendance. The Board in executive
session will discuss: Settlement negotiations in the pending litigation case of Board of County
Commissioners v. Dwight E. Brock, Clerk of Courts, Case No. 07-1056-CA, now pending in the Twentieth
Judicial Circuit in and for Collier County, Florida. (Commissioner Fiala's request.)
Item 12B continued to the May 12. 2009 BCC meetin!:l: This item to be heard at 1 :00 p.m. For the Board of
County Commissioners to provide direction to the County Attorney regarding strategy related to settlement
negotiations in the pending litigation case of Board of County Commissioners v. Dwight E. Brock, Clerk of
Courts, Case No. 07-1056-CA, now pending in the Twentieth Judicial Circuit in and for Collier County,
Florida. (Commissioner Fiala's request.)
Continue Item 16A12 to the May 12. 2009 BCC meetin!:l: Recommendation that the Board of County
Commissioners endorse recommended amendments to the Code Enforcement Board's Rules and
Regulations. (Staff's request.)
Item 16B5: In the executive summary under Considerations, the 8th line, the word "too" should be "to".
(Commissioner Fiala's request.)
Item 16D4: In the executive summary, 2nd paragraph under Considerations it states: "Timing of the DRI
funding availability could not accommodate the construction schedule for the Transitional Housing Project.
The SAWCC has completed this project with other funding for these activities, and the project no longer
requires DRI funding". The subrecipient agreement for this project approved by the Board on June 24,
2008, Item 16D23, is hereby cancelled. (Staff's request.)
Withdraw Item 16D8: Recommendation that the Board of County Commissioners award bid #09-5221,
Modular Homes for Housing and Human Services Department, to Idyll Construction, Inc. in the amount of
$344,259 to provide replacement homes using Disaster Recovery Initiative funds to four (4) citizens whose
homes were severely damaged as a result of Hurricane Wilma. (Staff's request.)
Move 16K5 to 12C: Request that the Board of County Commissioners review and approve the County
Attorney's recommendation to waive any potential ethics conflict for a Parks and Recreation Advisory
Board member based on Ch. 112, Florida Statutes. (Commissioner Coyle's request.)
NOTE: At the March 28, 2009 BCC meeting, the Board authorized the Chair to send a letter to the South
Florida Water Management District (SFWMD) requesting that a representative make a presentation to the
Board at the April 14, 2009 meeting regarding the status of their efforts to secure an ATV site. SFWMD
officials have informed staff that they are compiling information to offer a more comprehensive status
update, and have asked to make a presentation at the May 12, 2009 Board meeting.
Time Certain Items:
Item 10C to be heard at 11:30 a.m. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Recommendation to approve a Developers Contribution
Agreement (DCA) between Kite Eagle Creek II, LLC, KRG Eagle Creek IV, LLC, KRG 951 & 41, LLC, ABC
Liquors, Inc., Realty Net Real Estate, LLC and Habitat for Humanity of Collier County, Inc., (The Developers)
and Collier County to fund construction improvements to the intersection of US-41 and SRlCR-951.
Item 10D to be heard at 10:30 a.m. Recommendation that the Board of County Commissioners approve
budget amendments associated with proposed mid-year FY 2009 budget reductions totaling $7,235,800
within the General Fund (001) due to anticipated reductions in actual property tax receipts, state shared
revenues and sales tax revenue.
4/14/20098:38 AM
April 14, 2009
Item #2A and #2B
MINUTES FROM MARCH 10, 2009, REGULAR BCC MEETING;
AND MARCH 11, 2009, DISTRICT 1 TOWN HALL MEETING -
APPROVED
CHAIRMAN FIALA: -- the March 10th and March 11 th regular
meeting minutes and town hall meeting minutes?
I already 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.)
CHAIRMAN FIALA: Thank you, 5-0.
Item #3A
SERVICE AWARDS - 5 YEAR RECIPIENTS: RUSSELL
BERGHUIS AND TONY MARINO; AND 10 YEAR RECIPIENTS:
ROSS OBLEY, JOHN AGNELLI, BARBARA MINCH-
ROSENBERG. AND ALICE CARLSON - PRESENTED
MR. MUDD: And we go on to our service awards. This is just
such a fun time of our meeting. And the first awards are:
MR. MUDD: The first awardee -- and this has to do with
advisory committee service members, and your advisory service
advisory boards folks that volunteer their time are extremely important
to Collier County.
Page 10
April 14, 2009
And we'll start with the five-year recipients. The first recipient is
Russell Burghuis --
CHAIRMAN FIALA: Burghuis.
MR. MUDD: -- for five years on the Public Vehicle Advisory
Committee. Sir, if you could please corne forward.
(No response.)
CHAIRMAN FIALA: Okay.
MR. MUDD: Okay. The next -- the next five-year recipient is
Tony Marino, and he, too, has done five years on the Public Vehicle
Advisory Committee.
(No response.)
CHAIRMAN FIALA: Okay. That was pretty quick.
MR. MUDD: Then we're going to do the ten-years, okay.
COMMISSIONER COYLE: They probably couldn't find a taxi.
MR. MUDD: The -- we'll do the ten-year awardees. The first is
Ross P. Obley. He's done ten years on the Educational Facilities
Authority. Mr. Obley?
(Applause.)
CHAIRMAN FIALA: Ross, I think this is the ten-year.
MR. OBLEY: Thank you.
COMMISSIONER COYLE: Hi. Good to see you again.
MR. OBLEY: Thank you.
MR. MUDD: Now we get a picture.
COMMISSIONER COLETTA: This is where we--
MR.OBLEY: Thank you. Thank you all.
(Applause.)
CHAIRMAN FIALA: Thank you.
MR. MUDD: The next ten-year recipient is John Agnelli.
Again, he's done ten years on the Educational Facilities Authority.
Mr. Agnelli?
MR. AGNELLI: Good to see you.
MR. MUDD: Good to see you.
Page 11
April 14, 2009
MR. AGNELLI: Thank you.
COMMISSIONER COLETTA: Thank you.
COMMISSIONER HENNING: Thank you for your service.
CHAIRMAN FIALA: Hi. Let me give you this.
COMMISSIONER HALAS: Thank you, sir.
COMMISSIONER COYLE: Thank you, John.
MR. AGNELLI: Thank you.
CHAIRMAN FIALA: Thank you.
MR. AGNELLI: Thank you.
(Applause.)
CHAIRMAN FIALA: Thank you.
MR. MUDD: The next ten-year recipient is Barbara
Minch-Rosenberg. She has done ten years on the Educational
Facilities Authority. Ms. Rosenberg?
(No response.)
COMMISSIONER COLETTA: She'll be here for her 20.
MR. MUDD: Okay. And then we have one more, last but not
least. A ten-year recipient, again, for the Educational Facilities
Authority, and that's Ms. Alice 1. Carlson.
(No response.)
CHAIRMAN FIALA: Okay.
PROCLAMATIONS (ONE MOTION TAKEN TO APPROVE ALL
OF THE PROCLAMATIONS - ADOPTED) (VOTE TAKEN
LATER IN THE MEETING DURING ITEM #10A
Item #4A
PROCLAMATION - DESIGNATING APRIL 22, 2009 AS EARTH
DAY IN COLLIER COUNTY - ADOPTED
MR. MUDD: That completes our advisory board presentations.
Page 12
April 14, 2009
That brings us to the proclamations section of your agenda.
COMMISSIONER HENNING: Madam Chair, I move to
approve Item 4 on our agenda, proclamations, and then we'll take
some pictures and sing some praises.
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: I'll second that.
CHAIRMAN FIALA: Okay. So I have a motion to approve all
of the proclamations, that's Item 4A, B, C, D, E, F, G; is that correct,
Commissioner Henning?
COMMISSIONER HENNING: That's correct.
CHAIRMAN FIALA: And a second on that. And so I ask all of
those people who are to receive a proclamation to please corne
forward. We have those proclamations here. And we'd like to present
them to you, and we'll take pictures.
Item 4A was Earth Day with Dan Rodriguez and the solid waste
guys.
MR. MUDD: And I'll read it -- I'll read it for you, ma'am. It's
proclamation designating April 22, 2009, as Earth Day in Collier
County, to be accepted by Dan Rodriguez, solid waste director; Joe
Bellone, revenue services manager, utility billing and customer
service; and Ray Smith, pollution control director.
COMMISSIONER HENNING: Hey, good to see.
CHAIRMAN FIALA: You can't all cluster at that side. You
have to move over.
Thank you.
(Applause.)
CHAIRMAN FIALA: Thank you all. We love your artwork.
COMMISSIONER HENNING: Good to see you again. Good to
see you.
CHAIRMAN FIALA: Good luck.
Item #4B
Page 13
April 14, 2009
PROCLAMATION DESIGNATING APRIL 22, 2009 AS
CONSERVANCY OF SOUTHWEST FLORIDA GREEN CAMPUS
DAY - ADOPTED
MR. MUDD: The next proclamation is B, 4B. It's a
proclamation designating April 22, 2009, as Conservancy of
Southwest Florida Green Campus Day, to be accepted by Keith
Callaghan, development director of Conservancy of Southwest
Florida.
(Applause.)
COMMISSIONER HALAS: Hi, Keith.
COMMISSIONER COYLE: Keith.
MR. CALLAGHAN: Thank you.
(Applause.)
Item #4C
PROCLAMATION ENCOURAGING EACH AND EVERY
COLLIER COUNTY PARENT AND ADULT TO BE CALLED
UPON TO BE THE WALL BETWEEN THEIR TEEN AND
ALCOHOL - ADOPTED
MR. MUDD: The next proclamation is 4C. It's a proclamation
encouraging each and every Collier County parent and adult to be
called upon to "Be the Wall" between their teen and alcohol; to be
clear, be firm, and be consistent when talking about alcohol, to be
accepted by Marla Ramsey, Helen Athan, thank you, and Maribel De
Armas on behalf of the Drug Free Collier effort.
(Applause.)
CHAIRMAN FIALA: I remember you when you were a little
girl. Oh, my goodness.
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April 14, 2009
COMMISSIONER HENNING: And you're all grown up now.
COMMISSIONER COLETTA: Thank you very much.
CHAIRMAN FIALA: Thank you for all you're doing for our
community.
COMMISSIONER HENNING: Thank you.
COMMISSIONER COYLE: It wasn't me. I didn't have it for
you. Who has it? Commissioner Henning has it.
COMMISSIONER HENNING: Oh, sorry about that. Which one
is this C? A?
Item #4D
PROCLAMATION DESIGNATING APRIL, 2009 AS SEXUAL
ASSAULT AWARENESS MONTH - ADOPTED
MR. MUDD: The next proclamation is 4D. It's a proclamation
designating April 2009 as Sexual Assault Awareness Month, to be
accepted by Dana MacMillen, director of the advocacy; Gissa Infante,
advocate/prevention educator; and Shaina Hicks, the legal
advocate/counselor.
(Applause.)
MR. MUDD: Get centered on that picture, ladies. If you don't
do that, then the dais tilts.
(Applause.)
CHAIRMAN FIALA: Thank you. Thank you for all you do.
COMMISSIONER HENNING: Thank you.
MR. MUDD: Again, that was proclamation 4D. Did they get a
copy. They got it? Good.
Item #4E
PROCLAMATION DESIGNATING APRIL 12,2009 THROUGH
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April 14, 2009
APRIL 18,2009 AS COLLIER COUNTY ANIMAL CONTROL
OFFICER'S WEEK - ADOPTED
MR. MUDD: The next proclamation is 4E. It's a proclamation
designated April 12, 2009, through April 18, 2009, as Collier County
Animal Control Officers Week. To be accepted by Amanda
Townsend, DAS director, and Collier County Animal Control officers.
(Applause.)
COMMISSIONER COLETTA: Thank you for what you're
doing.
CHAIRMAN FIALA: Hi, again. How are you? Good to see you
agaIn.
(Applause.)
Item #4 F
PROCLAMATION DESIGNATING APRIL 19,2009 THROUGH
APRIL 25,2009 AS NATIONAL VOLUNTEER WEEK IN
COLLIER COUNTY - ADOPTED
MR. MUDD: The next proclamation is 4F. It's a proclamation
designating April 19, 2009, through April 25, 2009, as National
Volunteer Week in Collier County, to be accepted by Brian Kelly,
RSVP project director; the volunteer coordinators of the public
services division and their volunteers. Ladies and gentlemen, please
corne forward.
(Applause.)
CHAIRMAN FIALA: The volunteers are the backbone of our
community, that's what they are. Now remember, nobody's allowed to
leave, right? Everybody understands that.
Folks, as you're looking at these folks, you're looking at the
backbone of our community. So after -- after we award them, I want to
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April 14, 2009
tell you, give them a big hand, and then Marcy is going to say a few
words, I believe.
COMMISSIONER COLETTA: Gentlemen, why don't you stand
in the back here so we can get everybody in the picture. Taller people
in the back and we can get everybody in. There you go. Keep
movIng across.
(Applause.)
CHAIRMAN FIALA: Thank you so much.
COMMISSIONER HENNING: Thanks for your service.
CHAIRMAN FIALA: I wasn't kidding about the backbone of
our community.
MR. MUDD: You have a speaker that wants to talk on that,
ma'am.
MR. KELLY: Madam Chairman, for the record, I'm Brian Kelly
of the housing and human services department and the retired and
senior volunteer program project director.
Madam Chairman, Commissioners, county deputy managers and
staff, it's really an honor to accept this proclamation for National
Volunteer Week on behalf of all the volunteers and departments in
which they serve for Collier County Government.
After 30 years of volunteering at another part of the country, I
can say that I have never seen volunteering on such a scale as we have
in Collier County.
The numbers in the proclamation are very impressive; 2,238
volunteers serving Collier County; 153,195 hours served last year,
amounting to a savings for the county of $3,059,707. Very impressive
numbers. And pound for pound, Collier County is a volunteering
powerhouse. But behind these numbers are people reaching out to
help others and making a difference in their lives every day, right
where they are.
The public services division, under the direction of Administrator
Marla Ramsey, is home to more than 1,500 volunteers working hand
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April 14, 2009
in hand with county employees to serve the public.
Domestic Animal Services volunteers, under the direction of
Kathleen Drew, provide companionship, care, and attention to
sheltered animals while also promoting adoption and responsible pet
ownership.
The library uses volunteers to help clients get the most out of
their services to keep our books shelved, assist with programs, and so
much more under the direction of Joanne Wanamaker, volunteer
coordinator. Mary Margaret Grisko, volunteer coordinator for the
museum, declares (sic) volunteers in the museum library, gift shop,
they greet museum visitors, assist with special events, and make
Collier County history corne alive for patrons.
Parks and recreation volunteers, coordinated by Merrill Weir,
coach youth sports teams, assist with children's programs, including
therapeutic recreation. They help with skate parks, help maintain the
park community centers and grounds, participate in the sea turtle
program, and assist at our beaches and preserves helping people to
enjoy the natural wonders of Southwest Florida and Collier County.
At university extensions, volunteers serve under 4 H Extension
Agent Ruth Hubing as 4 H leaders who put the interests and needs of
others first in efforts to build and develop new programs for youth.
Master gardeners work with Kathy F esser (phonetic), horticulture
agent, to serve the public with information on best gardening practices
and expertise in conserving Florida's natural resources.
V olunteer drivers, many of them veterans themselves, transport
our veterans to and from medical appointments under the direction of
Peter Krehling.
Housing and human services department sponsors the Retired
and Senior Volunteer Program, RSVP, which connects volunteers to
almost 100 local nonprofit organizations throughout the county, as
well as to county agencies.
And during these times of budget and staff shortages, we expect
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April 14, 2009
our volunteers to play an even more significant role in the level of
service that Collier County provides for its citizens. They do, indeed,
make a difference, and we owe them a great deal.
Madam Chairman, Commissioners, thank you for recognizing the
importance of our volunteers, and may we please, once more, join
together in a round of applause for all our volunteers. Thank you.
(Applause.)
Item #4G
PROCLAMATION DESIGNATING THE WEEK OF APRIL 12,
2009 THROUGH APRIL 18,2009 AS NATIONAL
TELECOMMUNICATOR'S WEEK IN COLLIER COUNTY -
ADOPTED
MR. MUDD: Commissioner, the next proclamation is 4G. It's
designating the week of April 12, 2009, through April 18, 2009, as
National Telecommunicators Week in Collier County, to be accepted
by Chief Greg Smith and Commander Bill Rule from the Collier
County Sheriffs Office.
(Applause.)
COMMISSIONER HENNING: So this is a 24-hour shift?
(Applause.)
MR. MUDD: Commissioner, this --
SHERIFF RAMBOSK: Madam Chair, Mr. Manager, if I could
have one word. You know, each of our members, men and women of
the Collier County Sheriffs Office, play an essential role; but in the
chronological order of things, in most cases the group that was
represented here today see those emergencies and requests first, and
they actually initiate the remainder of the action that starts with them.
They have a very demanding, a very stressful job, 24 hours a day,
seven days a week, 365 days a year, to support all the public safety in
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April 14, 2009
Collier County, and I just want to recognize them as sheriff and as a
resident of Collier County.
Thank you.
COMMISSIONER HALAS: Thank you.
CHAIRMAN FIALA: Thank you.
Item #5A
RECOGNIZING CLAUDINE AUCLAIR, PRINCIPAL PLANNER,
TRANSPORTATION PLANNING, AS EMPLOYEE OF THE
MONTH FOR MARCH 2009 - PRESENTED
MR. MUDD: Commissioners, this brings us to paragraph 5,
presentations. The first presentation is a presentation to recognize
Claudine Auclair, principal planner, transportation planning, as
Employee of the Month of March 2009.
Ms. Auclair, if you could please corne forward.
(Applause.)
MR. MUDD: Claudine Auclair, principal planner, has been
nominated Employee of the Month for March 2009. Claudine is the
kind of individual that every manager wants to have on her -- on their
team. She is smart, extremely dedicated, and often considered as the
go-to person in her department.
Claudine, an employee of the county since 2006, is passionate
about her work, whether it is research, a field visit, a public workshop,
or a new corridor study. She continually strives to do what's best for
Collier County.
Claudine is customer-service oriented. She is always willing to
take the time to make sure that residents understand what is going on
around their communities.
Her initiative, creative thinking, and fast, accurate action
continue to set the bar high. She tackles problems quickly and devotes
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April 14, 2009
the time and resources needed to prepare a detailed solution. She has
the keen ability to extract information and seek out important
documentation. An example of this was Claudine's recent review of
the developer commitments listed in the planned community
developments. By reviewing these documents, she has successfully
gone after unpaid commitments from developers, resulting in
payments to the county of hundreds of thousands of dollars in
previously uncollected moneys.
Claudine is an asset to the transportation planning department
and the county. She is truly deserving of this award.
Ladies and gentlemen, I'd like to present to you Claudine
Auclair, principal planner, transportation planning, the Employee of
the Month of March, 2009.
(Applause.)
MS. AUCLAIR: Thank you.
MR. OCHS: Thanks.
(Applause.)
Item #5B
PLATINUM SAFETY AWARD TO COLLIER COUNTY
MEDFLIGHT DIVISION - PRESENTED
MR. MUDD: Your next presentation is 5B. It's a presentation of
the Platinum Safety Award to Collier County MedFlight Division.
And this is a letter dated March 18, 2009, in your packet that says, Mr.
Dan Summers, Collier County Helicopter Operations. Dear Mr.
Summers, it is my sincere pleasure to acknowledge receipt of the
Collier County Helicopter Operations application for the Helicopter
Association International, HAl, Platinum Program of Safety.
By your certification of compliance with the demanding criteria
set forth under this program and completion of a verifying external
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April 14, 2009
safety audit, HAl hereby recognizes Collier County Helicopter
Operations as a renewed member of the Platinum Program of Safety.
This recognition represents an achievement not only for your
company -- county but for the entire helicopter industry. You are to
be commended for your dedication to aviation safety and desire to fly
to a higher standard.
Accordingly, we have enclosed a 2009 year medallion for you to
mount on your plaque to signify your continued good standing for the
year 2009.
Have a safe flight. Thank you for flying neighboring. Sincerely,
Matthew S. Zicarro (phonetic).
(Applause.)
COMMISSIONER COYLE: Congratulations.
CHAIRMAN FIALA: Thank you. Congratulations. This is
wonderful.
COMMISSIONER COLETTA: Thank you.
MR.OCHS: Hey, Frank. Congratulations.
MR. MUDD: Congratulations.
MR. OCHS: Jerry, congratulations.
(Applause.)
MR. MUDD: The next presentation is an add-on to your agenda
this morning.
COMMISSIONER HENNING: County Manager, I have a
question. FAA reported on the recent complaints. That was the initial
response. Are they -- is there further investigation and
correspondence corning?
MR. MUDD: Mr. Summers can -- but the quick answer to that
question is yes, sir. They -- we pretty much got a thumbs-up. There
are some detailed information that they want to work with us in order
to make sure that all our protocols are the best that they can possibly --
possibly be, and they're willing to help us in that particular regard.
COMMISSIONER HENNING: Is the board going to receive
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April 14, 2009
further correspondence from the FAA?
MR. SUMMERS: For the record, Dan Summers, director of the
Bureau of Emergency Services. Good morning.
Commissioner, I am expecting additional communication from
the FAA. I have requested that, and to get those details to you as soon
as they become available.
Every correspondence -- you've been shared that correspondence
with us -- or I have shared that, rather, with you. And as soon as I get
some additional information from them, I'll be glad to -- will certainly
be happy to pass that along.
COMMISSIONER HENNING: Thank you. And I continue to
have concerns about the turnover, as the FAA, in this department.
Thank you.
MR. SUMMERS: Thank you.
Item #5C
QUARTERL Y PRESENTATION FROM SHERIFF KEVIN
RAMBOSK - PRESENTED
MR. MUDD: The next presentation is 5C. It was an add-on
today at Sheriff Rambosk's request. He would like to do a quarterly
presentation on his sheriffs operation to the Board of County
Commissioners to keep people informed and/or the general public.
And I believe this is the first of many to corne in the future. Sheriff
Rambosk?
SHERIFF RAMBOSK: Yes, thank you, Manager Mudd.
Madam Chair, Commissioners. One of the things that I had
planned for the future was to engage the community, and that means
providing information and soliciting information from the community.
And one of the ways in which I would like to do this, with your
continued approval, is to meet here and provide a community update
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April 14, 2009
quarterly to the board and members of the audience and our residents
throughout Collier County with an overview of general activities, and
more importantly, any questions that you might have or our residents
have.
So with your permission, I would like to begin with our first.
CHAIRMAN FIALA: Sure.
SHERIFF RAMBOSK: For this first reporting period for 2009,
we certainly have had a very, very busy period. I'd like to thank all
the men and women of the Collier County Sheriffs Office working
together with our residents, because in all but one case, they have
done an excellent job and we've been very, very successful.
We've had 12 major investigations. We have had seven traffic
fatalities, which is slightly down over the previous year when
averaged for the year. We've responded to 138,000 calls for service in
that period. Weare currently holding the line on our primary
incidence of crime, which is very, very good in this economic
condition.
I have temporarily closed the Immokalee Jail Center for housing
prisoners, which is ultimately, after the first month, beginning to save
us, this past month, nearly $500,000, and we continue to look
positively at that with a number of programs that help divert either
prisoners out of the system, one being the 287G program in which we
continue to move about 20 to 30 inmates from our custody to federal
custody every week. So that is a very successful -- continuing
successful program.
At the end of this past year crime was down 1.5 percent. That is
very good in the economic condition that we have seen over the last
18 months. Our traffic fatalities were down 36 percent, which we see
as a combination of education, driving improvement, the wearing of
seat belts, and enforcement of traffic laws, particularly speed, because
where we see our fatalities is a combination of speed and not wearing
seat belts. Seems to be our number one cause.
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April 14, 2009
Our traffic accidents are down over 10 percent over that period.
So when you look from a crime and safety perspective, Collier County
continues to be a leader in the State of Florida with regard to its crime
rate and its safety communities, and I think one that every member of
this community and every member of public safety and government
can be very, very proud of.
We had completed our transition process. That was thousands of
hours of time that was given to assessments, inventories, and the
turnover from then Sheriff Don Hunter to myself with regard to full
operations.
We began with the member meetings in which I overviewed for
all of our members of the agency, some 1,300. Our new vision for the
future and how we're going to accomplish our mission, working
together with the community, in stressing community safety service
and a base philosophy of service to others before self as we move into
the future.
We also did something rather unique, and that was hold
community assessment meetings. I had seven of those throughout the
various parts of the county in each one of our districts, and we had
over 300 resident participants. We then combined that group into one
final meeting to look at what the future direction for the strategic plan
for Collier County will be relative to the Collier County Sheriffs
Office, and we will be finalizing that on the 27th of this month. So I
want to thank all the residents and county staff who attended these
meetings. And we got terrific ideas and a great sense of what is of
most important interest to our community.
We are certainly working together with the mid-year budget
reduction. We -- I particularly understand the scenario we're facing in
all of the country, no less the state and Collier County. I believe it's
imperative that, albeit ensuring that we have quality public safety, we
participate in assuring that Collier County, in its entirety, for public
safety, health, safety, and welfare, is the top of the line, and we're
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April 14, 2009
going to continue to commit to work together with yourselves and the
county manager to make sure that all of Collier County remains safe
in the tough economic times ahead.
We've made a commitment of $2.1 million, which you'll see
today. I will tell you that I am going to commit to make that $2.8
million reduction the end of the year, and then continue to work
together to see how we can make our organization more efficient yet
keep the quality and level of service at the point that you and the
residents demand of us.
A couple of very good things. We'd like to thank you and the
county staff for the fleet service building, which we're moving into
this week. It is absolutely terrific, and a lot of time and effort went
into that, particularly, thank Manager Mudd and his staff for
facilitating the construction of that, and certainly your approval to
move forward.
And looking forward into the next quarter, we're looking at the
communications center, which is due online, and that is terrific as
well. We're looking at initiating a red light campaign to stop red light
running in Collier County. That actually kicks off tomorrow. And,
again, I want to recognize your transportation department and all of
your staff and yourselves for the enabling ordinance that will allow the
installation and operation of red light cameras in Collier County.
We're going to begin tomorrow with utilizing -- we've already
used the engineering element, working together with your
transportation department to ensure that the signals are working
correctly, the photo enforcement is installed correctly.
We have an education component beginning tomorrow, and then
for all of us as drivers of Collier County, everybody be forewarned,
red does mean stop in Collier County and will from here on out.
CHAIRMAN FIALA: Can I ask a question and stop you right
there for just a second?
SHERIFF RAMBOSK: Yes, ma'am.
Page 26
April 14, 2009
CHAIRMAN FIALA: Will you be able to then compare how
many lives are saved or not lost once that's in effect? Because we've
had so many lives lost at red light -- because of red light runners. Will
you be able to compare the two?
SHERIFF RAMBOSK: We'll be able to do an assessment of
crashes at the intersection and determine whether it's accomplishing
what we had hoped. It is one small part of the enforcement process.
Again, we want to encourage our drivers to drive more prudently, to
save time, take time, plan your trip, and most of all, don't be in a
hurry . Waiting one more cycle of the light, in all likelihood, won't kill
you. Running it might.
Our final budget, certainly we're working on for June, and then
we're beginning hurricane preparations in this next quarter to corne.
That is my update for this time, and I open up to any requests that
you may have that I can follow up on.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Sheriff, first of all, thank you very,
very much for cooperating with the county manager and also with the
Board of Commissioners in regards to adjusting your budget to
address the shortfalls we are having in the mid year.
I also want to commend you for this red light campaign, and I'm
hoping that this will -- we can educate the public, as you said, that red
lights, when it's a -- stop -- when it's red, it means stop.
The other question I have for you -- and I don't know if you can
answer it today. You know, that you made note that we had about 10
percent less traffic accidents. How does that equate with the amount
of people that visited Collier County this year? Was there any
decrease in the amount of traffic from our tourists?
SHERIFF RAMBOSK: I don't have numbers with regard to
visitors. One would think, and I've been led to believe, that visitation
is down into Collier County, so that certainly may have helped;
however, if you drive on the roads at 11 :30 in the morning to go to
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April 14, 2009
lunch, you wouldn't think that traffic has reduced.
COMMISSIONER HALAS: Okay. Thank you very much.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. And I, too,
would like to express my gratitude to you for working with Collier
County Commission and the citizens of Collier County in corning up
with a workable arrangement that will still provide for the safety of
the citizens.
One thing that I'm going to need some assistance with through
transportation is the data analysis regarding the red light cameras. I
serve on the Lee Memorial Hospital Trauma Advisory Board, and
they're looking for a report in October not only from us, but from Lee
County, who is also instituting a red light camera program, to be able
to compare data as to types of accidents that ensue and what kind of
curve we're going to experience when the lights are first installed and
how they will be later in the program.
SHERIFF RAMBOSK: We'll be happy to do that.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN FIALA: And just me, personally, I want to tell
you, I love -- I love your open-door policy, the fact that you're always
reaching out into the community and listening to the community and
taking that to heart and going back and doing something about it. I
just think you're doing a terrific job as our sheriff. Thank you.
COMMISSIONER COYLE: Good job.
SHERIFF RAMBOSK: Thank you.
(Applause.)
Item #6A
PUBLIC PETITION REQUEST BY MICHAEL SCHUMAN TO
DISCUSS SCORE'S SERVICES TO SUPPORT SMALL
BUSINESS FACING ECONOMIC DIFFICULTIES - DISCUSSED
Page 28
April 14, 2009
MR. MUDD: Commissioners, that brings us to public petitions,
and the first public petition is 6A, and it's a request by Michael
Schumann to discussion SCORE's services to support small business
facing economic difficulties.
Mr. Schumann, if you could please corne foreward.
MR. SCHUMANN: Madam Chair, Commissioners, my name's
Mike Schumann. I'm a volunteer with the Naples SCORE chapter.
About three weeks ago at the instigation of Commissioner
Coletta, a number of us from SCORE, the Naples Chamber of
Commerce, and some other interested individuals, including John
Barlow, met to discuss the impact that the challenging economic
environment that we currently have -- is having on small businesses in
Collier County and what we can do collectively to help solve that
problem.
This is an area that SCORE, as an affiliate of the small business
administration, is particularly focused on. We're a volunteer
organization that provides free counseling for small businesses to help
them overcome problems or to give them advice on starting businesses
and improving their businesses.
And as an outcome of Commissioner Coletta's meeting, we
already have some positive news to effect. We formed a task force
with the Naples Chamber, and with the cooperation of the Collier
County Tax Collector, we'll be putting an insert in all of the Collier
County occupational licenses that will advertise our services that are
available to small businesses, and those will start going out in July.
There'll be about 27,000 inserts that will go to all the businesses in
Collier County and help improve the visibility and awareness that
businesses have on the help that is available for them.
However, many of us in the business community feel that,
particularly in SCORE, we are in some very unusual times.
Traditionally, when you look at our activities, we work with people
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April 14, 2009
that are having problems in their businesses and help them optimize
the operation of their business and improve their ability to compete.
The clients that we're seeing now, however, are really -- they're
in trouble not necessarily because of any shortcomings on their ability
to manage a business. They're being inundated by the economic
tsunami that we're experiencing.
And a lot of people that are in trouble are really not in trouble
because of anything that's within their control. They're being
overwhelmed by the macroeconomic forces at work. And I think that
one of the things that we need to recognize is that, as government, we
need to look at some of the fundamental macroeconomic factors and
start addressing them.
There are many of us in the business community that look at the
current situation as being not your typical recession. What we think is
happening is that, starting in last October, we had a dramatic
downward re-adjustment of the American standard of living. And I
think that until we solve some of these macroeconomic problems that
the country has had and that have built up over the last ten to 20 years,
that's not going to change.
We're starting to see some glimmer of hope now that the free-fall
that we've seen over the last couple of months is starting to stabilize,
but my gut instinct is that until we really address some of these issues,
the average standard of living in this country is probably going to have
a downward adjustment of about 25 percent, and that's going to be
semipermanent, and businesses and government and everybody else is
going to have to adjust to live within those constraints for the time
being.
If you look at the current economic situation on the national
level, the fundamental wealth of the country is largely proportional to
the relationship between how much we export and how much we
import. And we all know that the big problem that we've had in this
country over the last ten or 15 years is that we have been living
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April 14, 2009
beyond our means.
We've been borrowing money largely against the equity in our
homes, and we've been using that to buy consumer goods from abroad
and to buy energy from abroad, but we've run huge trade deficits, and
that has corne to an abrupt halt.
The average consumer no longer has any more equity that they
can pull out of their homes. In fact, it's going the other way. And
people are now having to payoff their debts.
There's actually good news in some of this. If you look at the
newspapers two or three years ago, the big issue in Collier County was
the fact that average people with average jobs in this county could not
find housing, okay. That problem has been solved. So there's --
there's some hope.
The other encouraging sign, which is paradoxically also part of
the problem, is the fact that over the last ten years the savings rate in
this country has been virtually zero. Now, in the last couple of
months, it's gone to 5 percent. There are some predictions that the
savings rate actually might go up to 9 percent. That's actually good
news in the long term, but in the short term, of course, it's dramatically
decreasing consumer spending, which of course, is deepening our
current recession. So again, there's pluses and there's minuses.
Now, when you look at our national economic situation, we've
got two things we can do. One of them is that we can try to improve
the competitiveness of our industries and increase our exports so that
our overall net wealth increases, and we can do that nationally. We
can also do that on a local business, and Proj ect Innovation, of which
we are participating, the Naples Chamber is participating, I know that
Collier County's participating, as are most businesses. That's one area
that we can use to address that.
The problem is that that is a very long-term process. And given
the fact that export demand and demand in general is declining, it's
going to be a really hard, hard push in the short-term to try to get new
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April 14, 2009
industries that aren't construction related to move to this county,
because the reality is that except for small, isolated pockets,
companies are not expanding and new manufacturing plants are not
openIng.
So that's a long-term thing that we can work on, and that's
certainly very, very necessary because it's obvious that we need to
diversify out of a construction and growth-based economy to
something more sustainable, but we need to address our wealth issue
locally in a much more direct and immediate manner.
And one of the ways that I think we're looking at it from -- within
SCORE, that there's a huge opportunity, is if you look at our national
economic situation, if you look at our imports and our exports, the big,
big number on our imports is energy. We import nationally on the
order of $700-plus billion a year worth of energy, primarily oil.
The thing that is absolutely striking here in Collier County, and
not only in Collier County but in Florida and all the Sunbelt states, is
how little solar energy we are taking advantage of, and this is a very
interesting thing that we need to look at, because when you look at the
wealth of the nation and you look at the wealth of Florida and you
look at the wealth of Collier County, the fundamental economics are
the same.
Our net imports into Florida and into Collier County, if you
looked at the numbers, energy would be absolutely at the top of the
list. And if we can get really serious about becoming more energy
independent locally, that's going to have a direct impact on the overall
wealth of Collier County.
And just to give you a perspective, hot water domestic heat,
okay, in your typical house in Collier County is 35 percent of the
electric bill for the average homeowner.
Now, currently there are tax incentives from the federal
government and from the state government that reduce the cost of
installing a solar hot water system into a typical house in Collier
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April 14, 2009
County to about $2,500. With that kind of investment, you can get a
ten-year payback on domestic hot water installations. The problem
with that is that for the people that have the upfront money to install a
system like that, the $50 a month savings that they'll see on the
electric bill is so small that, you know, the average person in Naples is
not really paying attention to that.
The people that -- where $50 a month is a big deal, a lot of those
people don't have the 3- or $4,000 up front that they need to invest in
putting a system like that in place.
Now, we did an estimate that if statewide the State of Florida got
aggressive about solar retrofits, okay, on houses, we could put over
10,000 construction workers to work immediately, okay. The problem
with that is, of course, making low-cost funding available and then
kind of encouraging people to actually do it, and that's a struggle.
The one thing that we should take a look at is the Israeli model.
During the last oil shock back in the '70s, the Israelis had the same
basic problem, and they basically changed their building codes and
required solar energy to be used on all buildings for hot water, and
that's something that, in Collier County, we could do. And if we did
that, I think we could create a lot of short term construction projects,
and we could have a dramatic long-term impact in terms of energy
savings and ultimately increase the net wealth in the state and the
county .
CHAIRMAN FIALA: Thank you very much, sir.
MR. SCHUMANN: Thank you.
CHAIRMAN FIALA: Thank you.
MR. MUDD: Ma'am, before we go and continue on this one, I'd
like to recognize Mr. Larry Ray, your tax collector, and he's here to
talk a little bit about his mailings for the occupational license program.
CHAIRMAN FIALA: Could I just interrupt you a minute then?
Commissioner Coletta actually had something to say to the gentleman
from SCORE.
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April 14, 2009
MR. MUDD: I'm sorry.
COMMISSIONER COLETTA: Michael, I just wanted to
express my appreciation for you corning here today and networking
your program out to the public. It was over 40 years ago that SCORE
entered into my life as a young 20-year-old person entering into the
business world. And if it wasn't for their intervention, my first
business which went 16 years until I moved here to Florida and sold
the business, would never have succeeded. It's a tremendous resource
that's out there.
And in these troubled times, it's a tremendous resource for people
that are in business and are suffering, and they're suffering greatly.
They're having a hard time making their rent payments, their
insurance payments. There are many cases their wives corning into
work or their husband's corning into work to be able to supplement
what's taking place, letting other employees go, just trying to hold it
together.
If they used the resources of SCORE, the professionals, the
CP As, the former CEOs of different large corporations, they may be
able to offer them some alternatives that aren't evident to the average
individual. And I would strongly, strongly recommend that any small
business out there that's looking for assistance and just -- it doesn't
have to be even corning to you with a particular problem, just a scope
of problems, and to be able to examine their bottom line to see where
they are and to offer them meaningful suggestions of where they may
be able to go to make the differential, because our economy is founded
on small businesses.
And you're right, we shouldn't be looking to this ultimate solution
being some large industry moving into the area. Very unlikely in
these troubled times. We need to sustain the small businesses that are
here now, help them to grow and to stabilize so that we can keep a
strong economy in Collier County.
Thank you very much for what you do.
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April 14, 2009
MR. SCHUMANN: Commissioner, thank you very much for the
endorsement. And for those of you that aren't familiar with SCORE,
we have 60 volunteers here in Collier County. They're just an
amazing group of business executives. We're one of the top SCORE
chapters in the country, and so we want to encourage everybody in
Collier County that has a need -- and even businesses that are solid.
We have so many very talented people that are available just to
network and bounce ideas off. It's a resource that everybody that's in
business in Collier County should take advantage of.
COMMISSIONER COLETTA: Once again, what is the cost for
a person to corne to SCORE to be able to get this help?
MR. SCHUMANN: All of our services are free.
COMMISSIONER COLETTA: That's a wonderful price.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: You had some great ideas in
regards to -- well, he left already, but you had some great ideas in
regards to solar energy and the $3,000 for each homeowner to invest.
Maybe the way we can get some of that money down here is
some of these bank presidents and people on Wall Street that are
taking $200 million bonuses, maybe they can put some of that money
down in this direction here.
MR. SCHUMANN: I think there's a tremendous opportunity for
Collier County to look at this because there are -- there are some
communities in Arizona that have taken the approach of basically
doing municipal financing of some of these systems where basically
they'll float a bond issue, and then the money will be available to the
homeowners and is repaid as a tax assessment. And so there's a lot of
ways that if we get creative --
COMMISSIONER HALAS: That's not the point I was trying to
make, sir.
MR. SCHUMANN: I understand.
COMMISSIONER HALAS: Okay.
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April 14, 2009
MR. SCHUMANN: But the reality is, we're trying to get this
going in practice, and we just need to think outside the box. Thank
you.
CHAIRMAN FIALA: Thank you. Okay.
MR. MUDD: Madam Chair, one of the things that Mr.
Schumann asked, what does he want the board to do? And basically
permit the insertion of a brochure advertising SCORE and the Naples
Chamber of Commerce services in the Collier County occupational
license renewal mailings.
And the person that's in charge of those renewal mailings is Mr.
Ray, your tax collector, and he's prepared to talk about that, and
maybe he can help you.
MR. RAY: For the record, Larry Ray, the tax collector.
You all were talking about grand macro economic things here
that I wouldn't even want to get involved with, but I can tell you this:
We do mail out business tax receipts to the businesses here in Collier
County, and we would be more than happy to include an insert in that
mailout, and we'll see where that gets us.
Thank you very much.
Item #6B
PUBLIC PETITION REQUEST BY TODD STRAUSBAUGH TO
DISCUSS STORMW A TER MANAGEMENT SYSTEM
REQUIREMENTS AT 20 PELICAN STREET EAST-
DISCUSSED AND TO BE BROUGHT BACK - CONSENSUS
MR. MUDD: Madam Chair, that brings us to our next public
petition, which is a public petition request by Todd Strausbaugh to
discuss stormwater management system requirements at 20 Pelican
Street East.
Mr. Strausbaugh, if you could please corne forward. And if I
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April 14, 2009
mispronounced your name, say it on the record and we'll get it
corrected.
MR. STRAUSBAUGH: My name is Todd Strausbaugh. I'm with
Arthur Rutenberg Homes as the vice-president.
ARBC is contracted with Mr. and Mrs. Wright, attending here
today, to construct a new residence at 20 Pelican Street East, Isles of
Capri.
We've been rejected on a -- for a permit on the basis that the
submitted structure does not meet Collier County ordinance 2007-67.
Under this ordinance, the house exceeds the lot coverage and
impervious area provided by Table 6.05.01F for lots 11,000 square
foot or less.
The existing lot is 8,625 square feet. And under the 25 percent
rule for the house only, only a single-story structure of 2, 150 square
feet could be built for combined living and nonliving area. This
severely restricts the use of this lot and greatly depreciates it.
The current house submitted for permit is a combined 3,342
square foot of roof covered area. Also, we would like to point out that
the original structure built in 1967 would not be able to be permitted
under this new LDC amendment.
The difference between the original structure and the new
structure of roof coverage is a little over 500 square feet.
ARBC -- ARBC feels that the new LDC amendment is unfairly
restrictive on smaller lots under 11,000 square feet. We also feel that
combining the LDC restrictions along with having the necessity of
having a septic system provides virtually no area for on-site retention
as part of the LDC requirement for houses that exceed the maximum
square footage in Table 6.05.01F.
There are numerous homes of similar size on similar lots in Mr.
and Mrs. Wright's neighborhood that were built and occupied within
the last 24 months with no drainage issues to our awareness.
Mr. and Mrs. Wright's new home will have all necessary
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April 14, 2009
drainage features and site work to ensure the water from their property
does not adversely affect any adjacent properties.
Mr. and Mrs. Wright purchased their property in 1998 with the
intent of eventually building their dream home. In March of 2008,
they started the design process to create their home, and over -- after
over $30,000 in design fees, have arrived at the plan of their dreams.
Mr. and Mrs. Wright have vacated their structure and it was
demolished in 2009 of March. Unfortunately, this new requirement
has created a lot of worry and anxiety for Mr. and Ms. Wright.
Hopefully the BCC can waive this LDC amendment for Mr. and Mrs.
Wright due to the fact that they've invested a great amount of time and
money into this proj ect prior to the LDC amendment being enacted.
We hope the BCC will review this ordinance and understand that
it has a negative impact and will affect future growth, tax revenues,
and land values in Collier County on small lots.
CHAIRMAN FIALA: Okay. Can we hear from staff on this?
MR. SCHMITT: For the record, Joe Schmitt, your administrator
of community development, environmental services division.
Basically what was stated is correct. I have some drawings that
show --
MR. MUDD: We'll get it.
MR. SCHMITT: Thanks. That's the original footprint, as you
can see, and I'll throw this one on there, Jim. This is the -- this is the
change proposed. Certainly no argument that the lot coverage exceeds
the LDC.
This is the LDC change, Jim. This went into effect last July.
Basically the LDC, there is no waiver provision. The LDC does state
though that you could submit an engineer's estimate to corne up with
an alternative for stormwater drainage and stormwater storage
pursuant -- to meet the requirements of the code.
This -- certainly there's a history on how this code was created.
It was created mainly from the communities that dealt with large
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April 14, 2009
homes being constructed on lots and changing the impervious surface
compared to the pervious surface, and it was primarily in Pine Ridge
Estates and other platted subdivisions, that the residents asked for this
change. This change went through the LDC requirements, and there
was certainly -- it was approved by both the Planning Commission and
the board.
There's no argument that right -- these properties adjacent to
coastal waters are impacted. Frankly, we never anticipated or thought
that this was going to be the case. The question is, how do we deal
with this along the entire coast of Collier County then, if we corne
back with some kind of an amendment to either allow for a variance or
to allow for a waiver of this -- these requirements?
Stan Chrzanowski is here if you want to get into great detail as
regards to how we carne up with this ratio and how we arrived at the
limits that are posted in the LDC.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yeah. I have some concerns. I
think we're -- what we were trying to do in this LDC amendment is to
make sure that people who built large homes on lots were accountable
for the stormwater that runs off because of the fact that we have less
pervious area for the homes.
Now, there's a question that comes up that I can build as big as I
want and I'll just let the water run off into canals or waterways. The
problem is, then we run into another problem whereby we have
government standards that we're going to have to meet as far as the
maximum total daily loads.
So I understand the dilemma, but I think that what needs to be
done is when people decide that they want to build a house, that the
house has to fit the lot. That's where I stand with this. Because in my
district, I have a lot of stormwater issues in regards to where people
have built large structures, and there's no way to accommodate the
stormwater that runs off of that particular piece of property, and it
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April 14, 2009
ends up in older areas where the elevation has -- when they built the
homes originally, the elevation was somewhat lower.
So the end result is, those people are the ones that end up taking
-- having the impact of stormwater running off of the new residence
and larger homes that cannot accommodate the water on their
property .
MR. SCHMITT: Well, that's correct. Normally with
communities that have central stormwater systems, this is not a
problem. It's the communities as you just addressed where there is no
-- or outdated central stormwater systems and they just displace water
to the front or rear of the yard. And of course, it creates problems
within the community.
And I don't know if -- Stan, if you want to address anything
further on this or if the board has any questions. How do you want to
proceed with this? That's the biggest issue right now.
CHAIRMAN FIALA: Well, we really can't vote on anything on
this now because it has to corne back to us so -- right? The question is
MR. SCHMITT: Yes, we would --
CHAIRMAN FIALA: -- should we have you bring this back,
and I'm in favor, you know, of having you bring this back and giving
us all the incidentals so that then we can -- we can get all the facts and
this -- and take this particular one -- you know, not setting a standard
for the entire county, but this particular one, and address it.
So would you mind bringing that back to us?
MR. SCHMITT: We'll bring it back. I would ask if the applicant
could address the other subsections of the code, and that is the issue
with the engineer analysis that is spelled out in the LDC. There may
be alternatives that can be addressed through --
CHAIRMAN FIALA: Right.
MR. SCHMITT: -- through -- as it's noted under paragraph 2,
unless accompanied by an engineer's -- an engineer analysis as
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April 14, 2009
indicated below, and then the subparagraphs give options.
So I believe that will be the best course of action to proceed first
without just a mere waiver of the policy.
COMMISSIONER HALAS: That's right.
MR. SCHMITT: Unless you want to direct staff to look at this
entire process again.
CHAIRMAN FIALA: No, I believe that that's a great idea, and I
would like them to meet -- excuse me -- meet with you to do that, and
then you can bring it back to us with your final conclusions.
Commissioner Halas?
COMMISSIONER HALAS: Yes. I think what we need to do is
they need to go through the proper -- proper formalities in regards to
going forward with an engineering study on this, and then they can
submit a waiver, and I think that would be the proper way to address
this.
MR. MUDD: Do I have three nods that basically say bring this
back based on direction that Mr. Schmitt's staff talk with the petitioner
and try to come up with a reasoned compromise for board's action at a
future meeting?
CHAIRMAN FIALA: Do I have a third nod? Okay, I have a
third, okay. Fourth. I even have a fourth, maybe even a fifth. Well,
okay. We've got the nods.
Item #6C
PUBLIC PETITION REQUEST BY BARRY GOLDMEIER TO
DISCUSS IMPACT FEE DEFERRAL FOR AFFORDABLE
AP ARTMENT DEVELOPMENT IN IMMOKALEE - DISCUSSED
AND TO BE BROUGHT BACK - CONSENSUS
MR. MUDD: Okay. Commissioner, that would bring us to 6C.
It's a public petition request by Barry Goldmeier to discuss impact fee
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April 14, 2009
deferral for an affordable apartment development in Immokalee. Mr.
Goldmeier.
MR. GOLDMEIER: Yes, thank you very much. For the record,
Barry Goldmeier with offices at 250 Catalonia Avenue, Coral Gables.
I'm here to request an impact fee deferral agreement form be
signed by the county manager to qualify this proj ect, this property, to
apply for tax credits from the Florida Housing Finance Corps on the
May 26th financing deadline, by May 26, and to expedite the signing
of this form and the other forms required for infrastructure and zoning
availability as well.
The property -- should I indicate where the property is?
MR. MUDD: Sure.
MR. GOLDMEIER: Yes. The property is indicated here, which
is the site. And right here. And it's -- right there is the casino, and the
property is across the -- is on the corner of School Road and
Immokalee Road directly across from the main entrance to the newly
developed area of the Seminole reservation.
And as you are all aware, the casino has about doubled in size
and about doubled their employment. And I believe, although there is
not a need for affordable housing in general in Collier County, there's
a specific need for service-worker housing for casino employees
directly across the street from where they work, and that's why I'm
requesting your directing the county manager to sign the impact --
impact fee deferral form and the other forms necessary to apply for the
funding in May.
MR. MUDD: Commissioners, just so you understand, Mr.
Goldmeier is basically asking you to guarantee this particular
endeavor, 140 of the 240 rental properties that you have on a yearly
basis for your deferral program. So -- and Ms. Krumbine is here to
talk about that a little bit.
So it's a good petition, but if you have more rental affordable
deferral properties that you need to do in a year, you're -- he's asking
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April 14, 2009
for over 50 percent of what you have on a yearly basis. And he's
asking for that guarantee.
MR. GOLDMEIER: Mr. Mudd, can I just modify that?
MR. MUDD: Absolutely.
MR. GOLDMEIER: I'm asking for that subject to the approval
of funding of the Florida Housing Finance Corps, which is no easy
task.
CHAIRMAN FIALA: Okay. And we have Marcy here.
Commissioner Coletta and Henning, did you want to wait till Marcy
spoke, or would you like to ask him some questions?
COMMISSIONER COLETTA: Well, I can wait till Marcy--
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: Ladies first.
MR. MUDD: And in Mr. Goldmeier's -- in his defense, we
haven't had a whole lot of takers lately for the 225 rental units in our
deferral program, if you look at the summary sheet that we get from
Buddy Ramsey every two weeks.
CHAIRMAN FIALA: Marcy, you've changed your hairstyle.
MR. RAMSEY: Yes, a little bit and grown a little bit. For the
record, Buddy Ramsey, your housing manager.
And as Mr. Mudd just explained, we currently in this fiscal year
have not used any of the 225 units set aside for project -- rental
project.
And what Mr. Goldmeier's asking is that you execute a letter for
a project-specific deferral program for this program, which would then
be used as part of his application to garner more points with the State
of Florida.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. I have -- I'm going to
quote Commissioner Halas, I have concerns here. No, seriously
though.
I'll tell you what, I'd rather this came back as an item on the
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April 14, 2009
agenda where we can have other people corne forward. Here's my
concern, is the fact that we have an overabundance of affordable
housing in Immokalee right now, especially in Arrowhead.
People have corne forward and asked us to be able to back them
on it. We've got an investment there, and we've got a number of units
that are empty. Weare overserved in Immokalee.
Also, too, when you get down to it, let's be honest, the casino's a
wonderful venture, and if we had this 5 percent money corning in, it
would be a little different probably as to how I'd feel. But when it
comes to impact deferral money and all that, the casino, which is a
supporting industry for this, pays no impact fees.
I'm sorry, sir. I'm having a hard time with this, but I'd give you
the benefit of the doubt. I'd like to have people corne forward from the
Immokalee community that own property in Immokalee to be able to
tell me what their occupancy rate is before we have you build
something else. I mean, your argument, the fact that people have to
drive all the way from Fort Myers to go to work at the casino but
they're not willing to drive from Arrowhead to the casino doesn't hold
much water.
MR. GOLDMEIER: May I please address that? I've built
another project in Immokalee, Main Street Village, which is fully
occupied, and there are other proj ects doing well.
I believe that the new projects in Arrowhead basically overbuilt
the market and that the location of these new projects, two-and-a-half
miles through winding roads, from this site is not attractive generally
to casino workers.
As a matter of fact, when I shopped the projects in Arrowhead
that were being done by Carlisle, I saw that they were marketing
primarily to farm workers. And where I see -- where I see the lack of
available affordable housing is to -- for service workers and for people
to support, you know, other jobs, in Collier County.
And we own the property and we bought the property and we
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April 14, 2009
intended to do it because we do affordable housing, and we intended
to do affordable housing there because we thought that the location
directly across the street from the place of employment would be an
attractive one for the various employees who are all income qualified
because of their wage levels.
COMMISSIONER COLETTA: Let me help you with this, sir.
This public petition's supposed to give us the ability to be able to bring
something back under a regular agenda at a future meeting.
MR. GOLDMEIER: Yes.
COMMISSIONER COLETTA: Would a two-week delay be in
any way -- do you any harm?
MR. GOLDMEIER: Not in any way.
COMMISSIONER COLETTA: You have no objection to us
being able to make sure that we're going down the right road with this
and we're not going to do harm?
MR. GOLDMEIER: Of course not. And by the way, the state
shares your concern. This is why this is not a slam-dunk on our part
because the state has taken all of Collier County and put it into what I
consider to be a misnomer, what's location A, which are areas which
have low -- you know, high vacancy, high vacancy rates, require
market surveyors, et cetera.
And I believe that we can overcome that by doing a market
survey that shows that the site and the specific appeal to workers at the
casino would differentiate it from other projects in Immokalee and
other projects elsewhere in Collier County, and that there is, indeed, a
demand for housing in that very location. But it's going to be an uphill
battle for us, and this is only the first step.
And the only reason we're requesting impact fee deferral funds is
because, as a part of the application, the state wants to see the local
government give more than lip service to back a project that's
applying for state funding, and that would be in the way of
contributing some local government funding.
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April 14, 2009
And the only local government funding that I'm aware of that
could be contributed to tax credit housing in Collier County is impact
deferral fees and -- which have a present value of a lot less than the
actual dollar amount, and that's why we're -- we're requesting money
from that pot of bank funds.
COMMISSIONER COLETTA: I understand. And if this
commission agrees with me, I would be for bringing it back on a
future agenda.
MR. GOLDMEIER: Of course, thank you.
CHAIRMAN FIALA: Okay.
MR. MUDD: Do I have three nods?
CHAIRMAN FIALA: I have two other speakers, but you asked
for three nods. Yes, I've got three nods. Commissioner Henning?
COMMISSIONER HENNING: Yeah. Well, before we get a
consensus, can we have discussion?
CHAIRMAN FIALA: Sure.
COMMISSIONER HENNING: Sir, do you have other --
MR. GOLDMEIER: Yes, sir.
COMMISSIONER HENNING: -- businesses in Collier County?
MR. GOLDMEIER: Yes, yes. You know, I've had properties in
Collier County.
COMMISSIONER HENNING: What are they?
MR. GOLDMEIER: I have a -- I have a project at the corner of
Davis Boulevard and County Barn Road, which is subject to a pending
zoning application. I've had other properties on Rattlesnake
Hammock Road. And as I said, I built a proj ect in Immokalee, Main
Street Village.
COMMISSIONER HENNING: What's the name of your
corporation?
MR. GOLDMEIER: Advanced Housing Corporation.
COMMISSIONER HENNING: Advanced Housing.
MR. GOLDMEIER: And also, by way of disclosure, I'd like to
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April 14, 2009
also say that I'm assisting as a consultant of Collier County
transportation in -- as a consultant and expert witness on the
affordable housing -- in the affordable housing area in their imminent
domain work.
COMMISSIONER HENNING: The -- if this is going to be a
rental, affordable housing rental project, let's be honest. It's not an
impact fee deferral. It's going to be basically an impact fee waiver
unless that is not -- that doesn't become rental.
MR. MUDD: Yes, sir. It's basically -- if it's a rental, they've got
a ten-year period of time in order to pay their impact fees.
COMMISSIONER HENNING: Okay. So it is a payback in ten
years?
MR. MUDD: Yes, sir.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: No. My question's been answered.
MR. MUDD: Ma'am, that brings us to our next public petition.
CHAIRMAN FIALA: Well, now we'll go -- you had asked for
nods. Did you still want to bring this thing back to us?
COMMISSIONER COLETTA: I do.
CHAIRMAN FIALA: Other commissioners? Commissioner
Coyle says yes.
Commissioner Halas?
COMMISSIONER HALAS: I don't want to bring it back. I
think it's -- to be honest with you, I think we've got enough affordable
housing, and I have some real concerns we have rental housing --
we've had a difficult time at the end of ten years to collect our impact
fees, and I'm wondering if we're going down the same road again,
because at the end of ten years, the property is not kept up, and then
we have a difficult time trying to collect those fees. So I don't want to
bring it back.
CHAIRMAN FIALA: Commissioner Henning.
COMMISSIONER HENNING: Yeah. I think we're going to get
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April 14, 2009
a market analysis in the Immokalee area, so it could be a -- could be
an opportunity. Don't want to pass it up.
CHAIRMAN FIALA: Okay, fine. So you've got the three nods
to bring it back.
MR. RAMSEY: And if I may, Commissioner Halas, this would
require a tri-party agreement where the requester would post a security
that we would then draw on should repayment at the end of ten years
not become (sic) in a timely manner. So we've -- to provide additional
security to Collier County.
COMMISSIONER HALAS: We haven't done that in the past.
MR. RAMSEY: It's something we require now on rental.
COMMISSIONER HENNING: You want to take a break? Terri
wants a break.
CHAIRMAN FIALA: Yes. We have a 10:30 time certain.
We'll take a ten-minute break before we take the 10:30 time certain.
Thank you.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Madam Chair, Commissioners, you have a hot mike.
Item #10D
BUDGET AMENDMENTS ASSOCIATED WITH PROPOSED
MIDYEAR FY 2009 BUDGET REDUCTIONS TOTALING
$7,235,800 WITHIN THE GENERAL FUND (001) DUE TO
ANTICIPATED REDUCTIONS IN ACTUAL PROPERTY TAX
RECEIPTS, STATE SHARED REVENUES AND SALES TAX
REVENUE - APPROVED
MR. MUDD: The next item that you have on your agenda is a
time-certain item. It is -- it is Item 10D. This item to be heard at 10:30
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April 14, 2009
a.m.
It's a recommendation that the Board of County Commissioners
approve budget amendments associated with proposed mid-year
FY2009 budget reductions totaling $7,235,800 within the general
fund, Fund 001, due to anticipated reductions in actual property tax
receipts, state-shared revenues, and sales tax revenues.
And myself and Mark Issacson will present on this particular
item, and I'd like to start it off, if that's okay with the board.
CHAIRMAN FIALA: Certainly.
COMMISSIONER HENNING: Motion to approve.
MR. MUDD: And it's pretty much close to what the
commissioner just said.
COMMISSIONER COYLE: I'll second.
MR. MUDD: That could be the best presentation of all time.
COMMISSIONER HENNING: Absolutely.
MR. MUDD: And we do have one public speaker. I believe Ms.
Vasey has signed up to speak.
Commissioners, this is to get this year's budget so it's in balance
so that we don't start next year out of balance and make the situation
even worse.
If you remember at Commissioner Fiala's town hall meeting that
we had at the South Regional Library, we got some bad news on 4
March that basically said that our property assessed values were going
to go down about 23.5 percent, which equates to a cut of some $56
million into the general fund. This cut today is to balance the budget
that we have in FY-'09, and it's basically a cut of $7.2 million.
What we tried to do was to find those things in the budget, what I
call low-hanging fruit, get those things reduced, and if we had any
service impacts upon the taxpayers of Collier County, to try to reduce
those impacts as much as we could in order to provide a standard
service package to our taxpayers, which they expect.
Now, if we -- if the board decides to go millage neutral, you will
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April 14, 2009
have plenty of time in June to take out those mallets, because we're
not going to do it with scalpels anymore, because when you cut $56
million, you're going in there with chain saws. So we'll have an
opportunity to get at that particular process.
The other thing I will tell you, based on our projections and what
we're getting out of state for the' 1 0 budget as far as sales tax and
revenue sharing is concerned and what we believe an anticipated
shortfall in ad valorem taxes that are paid in Collier County, we are
going to have to cut $9 million just to make up for those shortfalls as
we go into '10.
So we'll have an opportunity to do, yes, this seven, to balance this
budget, 9 as a minimum -- 9 million as a minimum for next year, and
then if the board decides to go millage neutral, it will be something
much greater, almost eight times as much in that process.
I think staff has done a good job laying it out, and we tried to
minimize the impacts. A -- if you didn't listen when the sheriff came
in this morning when he gave his quarterly update, my pen was
moving when he said he'd go from 2.2 to $2.8 million by the end of
the year.
One disturbing piece and one of the things we weren't going to do
is paint a couple of intersections that had some severely painted mast
arm areas that Mr. Feder had, and he might have to turn some lights on
if those monies corne forward. So we have an opportunity before the
end of the year to make those right.
And that's -- pretty much completes my presentation. I can go
over it graph by graph if you'd like, but I think you have a motion and
a second, Madam Chair.
CHAIRMAN FIALA: Yes. Commissioner Henning?
COMMISSIONER HENNING: I think the county manager and
his staff did a wonderful job of really working -- working the issue,
and there's really very little impact to the taxpayers, and hopefully
Janet won't prove me wrong.
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April 14, 2009
The only thing that I really see is shortening some of the hours on
the library system. But over $7 million of downward adjustment, and
the overall effects to the taxpayers is very minimal, so I commend you
for doing a great job.
MR. MUDD: Thank you, sir.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I would like to echo those
comments. I think the staffhas done an great job. I'd also like to
recognize the sheriffs agency.
COMMISSIONER HENNING: Absolutely.
COMMISSIONER COYLE: They've been extremely
cooperative and they've done some innovative things, as has our own
transportation department by proposing turning off a lot of the
streetlighting, perhaps every other one or every third one. It saves us
almost a million dollars a year, if I remember correctly.
So these are good changes that don't impact the level of service
that we're providing to the people of Collier County, and hopefully we
can continue to do that if we don't have other big surprises from
Tallahassee.
So I second the motion to approve this and move on. It's
absolutely necessary.
CHAIRMAN FIALA: And Commissioner Halas?
COMMISSIONER HALAS: Yes. I also want to thank the
Sheriffs Department for stepping up to the plate and assisting us.
One of the concerns that I do have is that as we move forward
into next year's budget, we have basically spent about $860 million on
road improvements, which is about 300 lane miles, and I'm concerned
that we may not have enough funding to adequately make sure that we
keep up the maintenance program on this.
So as we move forward, I hope that all of us look at this. It's like
buying a new car and saying, well, I don't have to rotate the tires or
have an oil change. We know what happens if you let something like
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April 14, 2009
that -- and you don't address the issue.
So as we move forward, we just have to make sure that we have
due diligence in regards to road maintenance of all the infrastructure
that we put in the last couple years, that we take care of it. Thank you.
CHAIRMAN FIALA: And Commissioner Coletta?
COMMISSIONER COLETTA: Yes. And I'd like to echo
everybody else's appreciation for how well the county manager is
doing with the county's budget underneath his directive and also for
the Sheriffs Department, which leaves me to wonder, how about the
rest of the constitutional officers that we take responsibility for raising
funds for?
MR. MUDD: Commissioner, there was a chart in your -- in your
presentation, and I'll find it real quick again -- that basically says how
the sheriff put forward actual reductions of $2.2 million; the
supervisor of elections was able to cut her particular budget $61,000;
the property appraiser and the tax collector have basically said, they've
indicated they will work to increase their year-end budget turnback by
an amount equivalent to their required cut, and you can see those
required cuts. Tax collector was $273,600. The property appraiser
was $149,760. And even the courts, the state attorney, the public
defender, absolutely cooperated in the process.
Everybody is leaning forward and -- what we would say in the
army -- leaning forward in the fox hole. They understand that this is --
this is an economy that's slowed down and everybody has, what I'll
call in the poker side of the house, and only Mr. Thomas would know
that -- skin in the game, and it's for the betterment of this community,
and everybody's cooperating. It's been absolutely wonderful to deal
with the constitutional officers and the state attorney and the public
defender in this regard.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN FIALA: And I've got -- our speaker?
MS. FILSON: Yes, ma'am. We have one speaker, Janet Vasey.
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April 14, 2009
MS. VASEY: Good morning. Janet Vasey, for the record.
I have to echo a lot of what's been said. I think this is a very
good and accurate reduction. We were very lucky in many respects
that the budgeting for the fuel was so high. When we budgeted we
thought it was going to be a lot higher, so we had some real breaks.
And I think some of it was good prior planning, too.
But at the margin, I think there are a few issues that need to be at
least discussed, and one of them is the cut to IT. In looking at the
various cuts across the whole spectrum, I think that you're getting a
little deep in IT. It's already got an 18 percent cut in personnel, and
you're -- you know, we talk a lot about level of service to the
community, but I think you need to look at level of service to your
staff. There's nothing worse than computers that won't work. That
affects everybody. And so I would -- I would ask that you take a look
at that, maybe trying to find a way to give a little bit of money back
there.
Also in the transportation area, if you notice reading all of the
issues, most offices, even the smallest ones, had personnel reductions
and savings related to that.
In transportation, there were no savings related to the personnel
reductions that occurred in 2009 so far. And I felt, looking at that and
looking at the budget for '09, that there should have been some savings
reported there, and that either could have been used within
transportation or for another agency to ameliorate some of the cuts.
And then the last observation I had was on the libraries. And
first of all, I'd like to say, kudos to Marilyn Matthes. There are very
few people, I think, that could take a quarter-of-a-million-dollar cut
and increase the hours that are offered weekly in the library system,
and she did that. So it's a real balancing act.
The other side of that is, the level of service, while at the total
level has increased, at the marginal areas within the branches there
have been substantial reductions in service.
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April 14, 2009
And I think you need to just be aware of that, and I'm sure you
are reading the budget -- the cuts. But there's a whole lot more service
now in East Naples and there's less service in North Naples and the
Estates, and to a certain extent, on Marco. And I'm not sure if that's
really the intent.
When I watched the budget be prepared in '09, I knew that we
were corning in with the regional, the South Regional Library, and that
that would offer more service to that area, but at that time we weren't
planning any cuts to the other areas. And I just -- I think that's a real
imbalance. I think you need to look at maybe whether or not you
should close the East Naples library, because there's so much more
service now and others are having a cut. More service is okay until
others have to suffer, and I think that's an inequity that needs to be
looked at.
Thank you.
CHAIRMAN FIALA: Thank you, Janet.
MS. VASEY: I'm sorry.
CHAIRMAN FIALA: Well, you know what, I respect any of
your opinions. I think North Naples with the headquarters having 64
hours -- no other library has that. And then with the regional libraries
-- and there's two, one downtown and one in East Naples -- they both
have 56 hours. Then there's Vanderbilt, that's also in North Naples, by
the way, and East Naples and Golden Gate branch, Estates branch,
they all just have 36 hours, so that's all three again.
And I don't think closing that -- you know what, I wouldn't want
to close Vanderbilt library any more than I would want to close the
East Naples library. I don't know about Vanderbilt. I know that
there's a lot of people that love that library and have written
passionately about it. The little East Naples library, nobody will write
because it just serves children in that area.
It's an area that's completely surrounded by poverty children.
You've got Naples Manor and Whistler's Cove, and all of the -- all of
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April 14, 2009
the Habitat for Humanity places, and those kids can't get to a library
other than that one by walking or on bike. They can't get to the other
new library.
So I would just hate to see that privilege taken away from
children. I'd rather see them in a library than smoking pot on a street,
to be honest with you. So I don't agree with that at all.
I think that for the audience, we have some wonderful hours here.
Our library department has been so creative. What they've done is
they've taken the Golden Gate branch, which is right in the City of
Golden Gate -- and that's a very, very busy branch -- they've kept that
at 50 hours, the Golden Gate Estates branch they've moved to 36
hours. The Immokalee they've kept at 40 hours. The Naples regional,
which is in the City of Naples, 56 hours.
South Regional, which isn't even open yet, but eventually it will
get open and eventually we'll have furniture and books. And when we
finally do and when we finally open, we'll have 56 hours there, and
that serves some of the Golden Gate community as well because it's
located out there, so it serves the Golden Gate as well as the East
Naples area.
The Marco Island branch will have 44 hours. That's a very busy
branch as well. Everglades City will have 35 hours.
So I think our library department I'd much rather see reducing the
hours than cutting back employees. Same with transportation. I think
-- I was -- I really commend the transportation department and what
they've done. It was -- it was, I think, a stroke of genius. They didn't
let people go so that people aren't waiting around -- although some
people had to go in that department. But they -- people aren't waiting
around hoping for another job. They're still working.
What they've done is cut other things instead. They're not
fertilizing as much in the medians, they're not going to be planting
side trees when they are -- in the medians or for the median
landscaping process, and they're not going to be planting any more
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April 14, 2009
medians for quite some time. And the medians that have been
committed to already, they're going to plant grass in them, so there's
no maintenance in that.
I think they've done an outstanding job, each and every
department. As you go through this, each and every department has
worked hard to cut back. Parks and recreation. I just have to say, it
hasn't been easy, but I think they've done an outstanding job, and we --
all the commissioners have already commended you, and I'm going to
commend you as well for doing a great job to everyone. So thank
you.
And with that we 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.)
COMMISSIONER HENNING: Question.
CHAIRMAN FIALA: Yes, sir.
COMMISSIONER HENNING: Six (sic), I know there's a
motion and a second to approve. Did we ever vote on that motion, to
approve the proclamations?
CHAIRMAN FIALA: I don't know.
MS. FILSON: No.
COMMISSIONER HENNING: No.
CHAIRMAN FIALA: Okay. Thank you.
COMMISSIONER HENNING: You're welcome.
CHAIRMAN FIALA: So we had a motion on the floor for item
number six (sic), all of the items under number six, proclamations.
MS. FILSON: Number four.
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April 14, 2009
MR. MUDD: Number four.
CHAIRMAN FIALA: Number four, oh, okay. And then -- and
it was four then, right?
Okay. And a second we had. All those in favor, on that
particular item, please vote.
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. Thank you for bringing that
to our attention, Commissioner Henning.
Y .?
es, SIr.
MR. MUDD: Ma'am, if I could just -- give me about five
minutes.
CHAIRMAN FIALA: You betcha.
MR. MUDD: My wife's getting selfish with my time since I had
the surgery here two weeks ago, and she wants to make sure that I'm
rested. But I need to tell the community a couple of thoughts and
we'll go for it.
I will tell you that things are a little different now with my glass
situation. I never had cheaters before, and Mr. Ochs always had
cheaters. When I carne out of the ICU after the operation, I could see
distance. I could never see the slides over there, and Mr. Klatzkow
was always a blur without glasses on. Now he's perfectly clear. And I
say, sir, you're better looking than you were when I had particular
glasses going.
But the problem now is, I used to be able to read straight up, and
now I've got to put something in here that's a one by whatever to -- in
order to see it in order to make sure it's clear. So you'll see me fumble
Page 57
April 14, 2009
a little bit as we go through the process. If you'd bear with me.
Well, I don't have a nagging headache anymore, and my
neurosurgeon has finally found that missing golfball. My doctors tell
me that I have primary brain cancer.
God gave me quite a gift as of late. I was given the time and the
opportunity to tell my family how much I love them, to relate how
special they are to me and how proud they make me. As always, my
bride of almost 35 years still dazzles and amazes me.
Feeling much better, I am ready for the fight of my life. This
community's outpouring of support and encouragement has been truly
heartwarming. Please continue to keep me and my family in your
thoughts and prayers.
On a lighter note, I still think I have more hair than my
oncologist and Mr. DeLony combined. Because I have other doctor
appointments on and off for the remainder of this day, I ask the
board's indulgence to excuse me for the rest of this meeting. I ask Mr.
Leo Ochs to take over my role here today. Thank you for your
considerations, Commissioners.
(Applause.)
COMMISSIONER HENNING: County Manager, before you
leave, you must have trust in your staff, you have an outstanding staff.
And, of course, we know that you're always there behind the scenes
making sure things are done right.
Now's the time for yourself and your family. You have a
beautiful granddaughter, and I hope that you get to spend as much
time with that granddaughter as possible.
We all understand, and I think, on behalf of the community, think
the community understands, this is your time, so take it and trust in
your staff, which I know you do.
MR. MUDD: Thank you, sir. They are a great staff.
COMMISSIONER HENNING: Yes.
CHAIRMAN FIALA: Thank you.
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April 14, 2009
MR.OCHS: Thank you, Madam Chair. That moves us back to
your public petitions.
Item #6D
PUBLIC PETITION REQUEST BY EDWARD BAKAY TO
DISCUSS UNSAFE VEHICULAR TRAFFIC ON FRANGIPANI
AVENUE AND DOVE TREE - DISCUSSED AND MOTION
MADE TO BRING BACK - APPROVED
MR. OCHS: Next item is petition 6D. It's a request by Edward
Bakay to discuss unsafe vehicular traffic on Frangipani Avenue and
Dove Street -- Dove Tree, excuse me. Mr. Bakay.
MR. BAKAY: For the record, my name is Edward Bakay. I live
at 920 8th Street Southeast. I want to thank everyone for allowing me
to speak today.
I wanted to talk unsafe conditions, vehicle traffic, in the
agriculturally zoned area known as Franpangimami (sic) and Dove
Tree covering issues like layout of the area, dust encroachment issues,
unsafe conditions existing, and recommendations for corrections.
When my wife and I purchased the property in 2003, shortly after
I met a gentleman by the name of Tim Nance. Tim introduced himself
as the president of the association in the agriculturally zoned area. At
that time I asked him why people were driving on our easement,
which was a water management easement. Tim's comment to me was
that roads in that area were lax, people just drove the way they could,
that Dove Tree and Franpangimami was not in the correct locations.
My comment was, I thought that this area should be moved to the
correct deeded location. I didn't like people driving on our property as
a homeowner.
Shortly after Tim started moving -- at that time the area was
covered in Franpangimami by trees. He started cutting them down,
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April 14, 2009
moving the road access south of the telephone poles, which you'll see
in pictures.
To our surprise, my wife and I went away, and when we carne
back on a summer vacation there was quarry dust dumped on the
easement either by the state or something happened. I thought this
quarry dust was going to be dumped on the easement that Tim was
clearing, but that did not happen.
Since that time this has created a racetrack in the area. It's
created dust problems. It's created unsafe conditions. You've got to
understand, this is a 12-foot, one-way, narrow right-of-way that's
taking two-lane traffic.
These unsafe con- -- and actually now that this was -- the dust
was dropped, now there is many more vehicles traveling here. There
is the locals there that were maybe five to ten, they're very respectful.
I've got a lot more heavy trucks in the area creating more and more
problems.
Seeing no results, I started -- and in your packs you'll see
numbers of letters I wrote to county officials stating that this issue
existed, and I would like to see some correction done in the area.
When I had really no response from anybody in the county, I
then requested a fencing permit on our southern borders. If I could,
may I put this up?
I made a little sketch here showing -- maybe I can just point out.
This area. This is our -- okay. This area right here is our property
right here. If you look east, we're over here. We're north, this is
south, this is west.
Presently, here's what happens. As -- you have 8th -- you have
8th Street here, 10th Street and 6th Street, and 4th Street. And our
property goes -- we have side canal and rear canal. These are main
drainage canals that are on our property. We then cross the canal over
on the southern end, which is water management easement.
Presently what's been happening is locals and the Fawzio (sic)
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April 14, 2009
proj ect that was approved by the county are encroaching on water
management easement on 10th Street, crossing over our easement.
The Fawzio project's turning left onto Dove Tree. Locals are traveling
down the easement area to get to their homes or their businesses.
I provided -- I provided a picture here showing our home. The
home that we build there similar to many other homes in this area.
This is a shot -- our photo number 255 where I stood on Dove
Tree, directly in the middle of Dove Tree on our easement. Facing
west you will see to the right what is our easement area, right here, to
the -- that's north of the poles.
To the south of the poles is the deeded right-of-way for
Franpangimami Ave. You can see the development that has taken
place. What was done is the trees were removed and it was just let go.
If you look at photo 457, this is a shot taken to the west -- to the
east, I'm sorry, showing a Fawzio truck encroaching on water
management easement and to the -- and to the right is where the
deeded road access of Franpangimami exists. That's 35 feet off the
fence. You can see that there's no way anybody can travel in that
area.
My wife and I, because there's no direct dividing lines here, had
paid for an encroachment survey, which we filed with the county
engineers, showing the deeded right-of-ways for the roads, public
roads, and the easement of our property.
I'd like to talk a little bit about dust and encroachment. I sent a
number of emails to Mr. Colet (sic), Commissioner Colet (sic), and
also to J eff Wright. These photos you're about to see is going to be
talking about dust, encroachment. This is directly after Mr. Fawzio's
attorney said there was no problem with dust after my complaints,
saying that they were 3,000 feet away from the conditions that were
going on, and that there was no encroachment going on.
I don't know if it's best to put up, but I just want to thumb through
them. Our photo number 133 in our pack shows a Fawzio truck going
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April 14, 2009
down Dove Tree with a dust trail in back of him. 136 shows a Fawzio
truck who just left our encroachment going back onto 10th Street with
a dust trail behind him.
Photo 134 shows a Fawzio truck going to 10th Street encroaching
on our easement from Dove Tree. Photo 132 shows a Fawzio truck
going into the -- into the work area with a -- with a dust trail and
encroachment from our easement.
There's a couple other photos I provided for you here. This is my
Path Finder with dust. I clean this once a week. It's over 200 feet
away from this area. This is my wife -- my wife on our lanai. This is
our glass table on our lanai. Again, 200 feet away from this area. My
wife cleans it daily.
Here's some local problems. Here's our Waste Management
truck. You got photos 428 and photos 371 showing them speeding
down the road on -- encroaching on our side property with dust trails
as high as the poles.
To show you what vehicles drive on this area besides the local
cars, trucks, A TV s, and everybody else, here is a tanker truck,
18-wheel tanker truck going down a 12-foot right-of-way. Here's a
large 18-wheeler traveling down that same right-of-way.
I want to talk about unsafe conditions here because heavy trucks,
cars, SUV s, travel at very, very high speeds leaving dust trails,
children traveling on A TV s, motor bikes travel day and night at
excessive speeds. These vehicles on a narrow 12-foot right-of-way, as
you first saw, with two-way traffic that's supposed to corne down
these roads that create dust issues and very unsafe issues -- unsafe
conditions, all occurring when two-way public road access in the
agriculturally zoned area exist and it has not been developed, being
county roads or private roads -- and I really don't care, right -- these
conditions exist without proper road conditions, which I think these
people really deserve, without proper stop signs. Example on Dove
Tree going onto there. People do not stop here. They go both
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April 14, 2009
directions, barriers going along Franpangimami Ave. like a -- like a
guardrail or something or a fence, something stopping them from
going into the canal.
Without law enforcement -- I've asked law enforcement, Collier
County, to sit here and stop the offenders. And maybe 20 percent of
the people are offenders here. Not everybody is bad here, believe me.
CHAIRMAN FIALA: Thank you very much, sir. Your time is
up. Can you --
MR. BAKAY: I can wrap up, yes.
CHAIRMAN FIALA: Okay.
MR. BAKAY: Just so you know, there was an accident that
occurred here on 3/24. That accident -- and you should talk to
Trooper Garcia about that. There were three people, four people
hurled from Dove Tree into the canal 50 feet away. He was driving
too fast. It did not -- there was no stop signs, no ending to the road.
CHAIRMAN FIALA: Thank you.
MR. BAKAY: If I can just -- two minutes maybe at the most.
CHAIRMAN FIALA: Sir, you've already had ten.
MR. BAKAY: Okay, I'm sorry.
CHAIRMAN FIALA: Okay. And our practice is -- and we've
strayed away from this over the past few months. Our practice has
always been, on any petitions like this, do we want to bring them back
to discuss them rather than discussing them all, you know, all in
advance and then discuss them again when we bring it back?
Our practice has been, if we feel this is something we want to
bring back and discuss in an open meeting where we advertise this so
speakers can corne and weigh in on this subject, we will.
I've got three of our commissioners who had said they wanted to
speak. But commissioners, would you like to wait until we bring it
back --
COMMISSIONER HALAS: Yes.
CHAIRMAN FIALA: -- or would you like to bring it back at
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April 14, 2009
all?
COMMISSIONER COLETTA: If I may?
CHAIRMAN FIALA: Yes.
COMMISSIONER COLETTA: Yeah, because this is my
district, and I've been sitting on top of this for a long time.
Ed, it'd be -- it would be -- I would appreciate when you corne
before us if you'd mention the fact, when you said that the county
didn't respond, the fact that I did respond numerous times, and you're
here today at my invitation. I sent you forms and everything. You
indicated that I didn't take any interest in this, and you're here today as
proof that I do take an interest in all constituents' problems out there.
And the county is trying to be receptive; however, they can't resolve
what you're looking for as they stand here today.
We need to bring this thing back. And the reason we have to
bring it back is because I have -- I see a couple people in the audience
that I know for sure would like to speak, and they can't speak under a
public petition. It just can't be done. At that point in time it opens it
up.
You have to dually advertise the item, put it out there, and then
we can have a determination made by the county attorney about the
responsibility of the county as private roads go, and also the
responsibility of Fawzio's fish farm, what they agreed to do and are
they doing what they said they would do.
There's many different things we have to do, so I'm going to
make a motion that would bring this item back.
MR. BAKAY: Just so you're aware --
COMMISSIONER COYLE: Second.
MR. BAKAY: -- my father's 85 years old, and these dust
problems are creating health issues for us. I may not --
CHAIRMAN FIALA: I was worried about that when we --
MR. BAKAY: We may not be back here because we plan on
leaving because of this condition right now at this point, so --
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April 14, 2009
CHAIRMAN FIALA: Well, okay. Now we have a motion to
bring it back by Commissioner Coletta, a second by Commissioner
Coyle.
And Commissioner Henning?
COMMISSIONER HENNING: What are we bringing back? I
mean, I haven't -- I've heard a lot of things about the condition, but he
hasn't said what he wants -- expected out of the Board of
Commissioners.
CHAIRMAN FIALA: Commissioner Coletta.
COMMISSIONER HENNING: And the second thing --
CHAIRMAN FIALA: Oh, I'm sorry.
COMMISSIONER HENNING: -- the petitioner needs to tell us
what he wants to do. The second thing, statements about
correspondence to myself is not correct. We have looked for
correspondence, and this gentleman hasn't corresponded to me by
email or by written letter. So I want to correct that.
CHAIRMAN FIALA: Okay. Thank you.
COMMISSIONER HENNING: So what are we doing?
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yeah. I think it needs to be
brought back. But again, these are private roads, and they're not under
the county's jurisdiction. So bring it back for discussion.
CHAIRMAN FIALA: Okay. So we have a motion on the floor
and a second to bring it back to --
COMMISSIONER HENNING: Bring what back?
CHAIRMAN FIALA: -- talk about the dust -- I'm guessing to
talk about the dust and so forth. But if you're not going to be here,
then what are we bringing back?
MR. BAKAY: If you can give me one minute, I'll tell you what I
would like the county to do.
COMMISSIONER COLETTA: We can't do it, sir. There's no
way we can make a decision today without an advertised public
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April 14, 2009
meeting to take place and allow other people to speak. You can't open
this as an agenda item without due process.
MR. BAKAY: I don't intend to. I've written down into my list
what I recommended be done in the areas. I think the people here
need roads to drive on that are safe that we do not have encroachment
on our property, and that's what I'd like the county to do.
COMMISSIONER COYLE: That's included in our packet. We
read the packet.
COMMISSIONER COLETTA: We have a --
COMMISSIONER COYLE: It's a complete -- it says
recommendations to correct the existing conditions. There's no need
for him to have to repeat that. All we have to do is read our packet.
COMMISSIONER COLETTA: And you don't have to be here
either for us to be able to act on this.
MR. BAKAY: Correct. That's why I did the package the way I
did.
COMMISSIONER COLETTA: Okay.
MR. BAKAY: And I want to thank you for letting me speak.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN FIALA: Okay. Thank you.
So we have a motion on the floor to bring it back and a second.
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, fine, 4-1. We'll bring it back.
Item #9 A
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April 14, 2009
RESOLUTION 2009-96: RE-APPOINTING FRED N. THOMAS,
JR. TO THE IMMOKALEE ENTERPRISE ZONE
DEVELOPMENT AGENCY (W/W AIVING TERM LIMIT) -
ADOPTED
MR. OCHS: Commissioners, 6E is going to be heard in
conjunction with Item lOB having to do with the Palm River Estates
stormwater proj ect.
So that would -- that would move us to Board of County
Commissioners Item 9. 9 A is appointment of a member to the
Immokalee Enterprise Zone Development Agency.
COMMISSIONER COLETTA: Motion to approve Fred
Thomas, who had a perfect attendance in the last two years.
MS. FILSON: And does that include waiving the sections of the
ordinance? It's on the agenda today to be amended, but it's not official
until it's filed with the state.
COMMISSIONER COLETTA: That includes waiving.
COMMISSIONER COYLE: Second.
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.)
Item #9B
RESOLUTION 2009-97: APPOINTING DAVID SALETKO TO
THE PARKS AND RECREATION ADVISORY BOARD-
ADOPTED
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April 14, 2009
MR. OCHS: 9B, is an appointment of a member to the Parks and
Recreation Advisory Board.
COMMISSIONER HALAS: Motion to approve David Saletko.
Sorry .
COMMISSIONER COYLE: Second.
COMMISSIONER HALAS: Okay.
CHAIRMAN FIALA: 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 2009-98: APPOINTING PATRICK G. WHITE
(CONSUMER) FOR THE REMAINDER OF THE VACANT TERM
EXPIRING ON JUNE 30, 2010 AND KYLE E. LANTZ (ROOFING
CONTRACTOR) W /W AIVING A RESIDENCY REQUIREMENT
FOR THE REMAINDER OF THE VACANT TERM EXPIRING
ON JUNE 30, 2011 TO THE CONTRACTORS LICENSING
BOARD - ADOPTED
MR. OCHS: 9C, appointment of members to the Contractors
Licensing Board.
COMMISSIONER HENNING: I want to have a discussion on
that.
CHAIRMAN FIALA: Yes.
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April 14, 2009
COMMISSIONER HENNING: The correspondence that we
have by Mike Ossorio say that Patrick White is not qualified to be on
this advisory board. I can't see anything in there. And, in fact, the
resident from Lee County, according to the ordinance that we're about
to approve, this gentleman wouldn't qualify for this position. It's just
the opposite.
CHAIRMAN FIALA: I have to agree with you. As far as
Patrick White goes, I couldn't -- I couldn't even understand why he
wouldn't qualify. It says, does not meet the criteria. But I think as I
read everything, all of his background and we do know of him and his
expertise, I think he would be a great one on the Contractors Licensing
Board, so would you like to make amotion?
COMMISSIONER COYLE: Well, why don't we find out why it
was determined that he's not -- he doesn't meet the criteria.
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: I mean, somebody made that
determination, right?
MR.OCHS: Yes, sir.
MS. FILSON: I have a speaker as well.
MR. OSSORIO: Good morning. For the record, Michael
Ossorio, Collier County Contractor Licensing.
Unfortunately under the ordinance 3.1.1 -- Leo's going to put that
up for you -- my email dated a couple days ago. Of course, you
probably won't be able to see it, but I'll read it to you. The applicant,
pursuant to Section 3.0.1, no such member consumer. When you're
talking about the Contractor Licensing Board, you're talking about two
different entities. You're talking about a consumer and a contractor,
and Mr. White is a consumer.
And it says, no such consumer, no such member shall be or ever
have been a member or a practitioner of a profession regulated by the
CLB or any profession closely related to such profession regulated by
the CLB.
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April 14, 2009
And unfortunately, I took that as an attorney that has represented
contractors and represented to you, the Board of County
Commissioners, is really not a true consumer; however, after speaking
with Mr. White, I think he might say on the record that he won't be
representing contractors that present to the licensing board or the
Board of County Commissioners.
I feel pretty confident that he does qualify to sit as a consumer on
the licensing board.
CHAIRMAN FIALA: Okay. Thank you, Michael.
COMMISSIONER HENNING: Okay. The other thing I think
we need to clarify, in the contractor licensing ordinance it doesn't say
anything about residency. It does say the alternates have to be a
licensed contractor. But we're appointing not alternates, but we're
appointing regular members.
MR.OSSORIO: You are appointing a consumer and/or a
contractor. They're two separate ones. There's nine members, and
three of them are consumers.
COMMISSIONER HENNING: Don't we have -- we're
appointing two members, one a consumer and one a contractor?
MR. OSSORIO: That is correct, Mr. Henning.
COMMISSIONER HENNING: Okay. So under the contractor's
appointment, it doesn't say it has to be -- it has to be a local licensed
contractor?
MR. OSSORIO: It basically just states that it has to be a licensed
general building or residential roofing contractor. I didn't really get
into the specifics of where the gentleman lived. Unfortunately I
assumed if he's applying for the Contractor Licensing Board, I
assumed that he lived in Collier. I did not know he lived in Collier, he
lived in Bonita, but he does do a lot of business in Collier County and
pulls building permits, but I did not know he lived in Lee.
COMMISSIONER HENNING: Mr. Klatzkow?
MR. KLATZKOW: You have discretion under your primary
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April 14, 2009
board ordinance to exempt the residency if you so entire. It's
something you do on occasion.
COMMISSIONER HENNING: I don't have a problem with that,
but that isn't the way the executive summary reports -- reported to the
board.
So I'll make a motion to -- well, maybe we should hear the public
speaker before, but my motion would be to appoint the two members,
Mr. Patrick White and Kyle Lantz.
MS. FILSON: And your speaker is Patrick White.
MR. WHITE: Good morning, Commissioners. Patrick White, for
the record.
I've had an opportunity to talk to Mike and Assistant County
Attorney Robert Zachary on the issue, and I appreciate, and probably
contractors would be pleased to know, that they aren't a profession
that's closely related to attorneys.
That said, let me assure you that there is never going to be a
circumstance where I would represent a client before the Contractor
Licensing Board, if I'm able to serve, nor would there be any chance
that there would be a conflict of interest where I would not be looking
to the primary duty of being on that board is what would be my guide
for how I would conduct myself.
I'd appreciate your vote of support. Thank you. If there any
questions, I'd be happy to try and answer them.
CHAIRMAN FIALA: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I would like to get the
county attorney's opinion with respect to the qualifications necessary
for a consumer member of this board.
MR. KLATZKOW: I'll put it on your monitor. The ordinance
simply refers to a consumer representative. Reasonable people can
differ as to the interpretation of this. I don't have any issue with Mr.
White serving, nor would I have an issue if the board felt he's too
close to the business community to serve. It's a loosely drafted
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April 14, 2009
prOVISIon.
MR. WHITE: If it might help you, Commissioner Coyle, as a
provision that, in fact, is almost verbatim, the Florida state statute.
And having served, if you look at my experience, that statute, to my
knowledge has not changed. It's one that's not only applicable in a
sense to Collier County, but also to the City of Cape Coral where I
formerly served as a consumer representative to their board.
It was not an issue for the city attorney. It's not an issue that's
corne up that I'm aware of in any other jurisdiction. And although I
believe that it may not be as tightly drafted and agree with Mr.
Klatzkow about that, I don't believe that the intent is to exclude all
attorneys from acting as consumer representatives on these types of
local boards. Because if that's the case, then you would have to say
that being an attorney is a profession that's closely related to being a
contractor.
Although I have and pride myself on being able to do any
number of home repairs, including plumbing, electrical, drywall,
carpentry, you name it, that's really not part of the consideration under
either the statute or the ordinance. I just don't think that practicing law
is something that the CLB closely would find related to its function of
regulating contractors.
CHAIRMAN FIALA: Thank you.
MR. WHITE: And so, again, I ask for your support.
COMMISSIONER COYLE: Well, I think we should probably
modify this just to exclude lawyers in entirety from about anything.
But I believe there is an opportunity for this to be addressed on a
case-by-case basis in the event something comes up. If you are
representing someone, you're going to have to recuse yourself.
MR. WHITE: Yeah. I am committing to this board that I would
not take on such a representation.
COMMISSIONER COYLE: All right. That's good.
CHAIRMAN FIALA: Commissioner Halas?
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April 14, 2009
COMMISSIONER HALAS: Yes. I have a couple of things that
bother me. Number one is that we have a person that wants to be on
our Contracting (sic) Licensing Board and he doesn't live in Collier
County. I believe that the people that are on our boards, especially
this particular one, because of our rules and regulations, ought to be
familiar with what's going on in Collier County and ought to be a
resident.
The second one in regards to lawyers not contracting. Lawyers
do contract. They make a contract regards to who they represent and
when they represent. So I have -- I don't feel comfortable whereby a
lawyer says that he doesn't contract. He contracts when he represents
someone, so --
CHAIRMAN FIALA: Commissioner?
COMMISSIONER HENNING: Madam Chair, I make a motion
that we accept the two applicants and waive the provisions of
residency requirements under the ordinance, was it 01-55?
MS. FILSON: Yes, section 5A of ordinance 2001-55.
COMMISSIONER HENNING: 01-55, thanks.
CHAIRMAN FIALA: Do I have a second on that motion?
COMMISSIONER COLETTA: Repeat the motion, please.
COMMISSIONER HENNING: Motion to appoint the two
members, two applicants, and waive the residency's requirements
under our ordinance.
COMMISSIONER COLETTA: I'll second that.
CHAIRMAN FIALA: Okay. I have a motion on the floor to
accept both of these applicants and waive the residency, even though
there isn't a requirement in this particular statute, we'll waive the
residency of Kyle Lantz.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
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April 14, 2009
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Okay. I had to think about that for a
minute. I didn't know if I wanted to do into Lee County or not.
Opposed?
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Okay, 4-1. Thank you.
MR. OCHS: Commissioner, 9D is a discussion regarding the
recommendation of the productivity committee that the Board of
County Commissioners explore charter government.
CHAIRMAN FIALA: You know what, we have a -- that's going
to be a long discussion, and we have an 11 :30 time certain. How
about if we just flip on over to the 11 :30 time certain?
MR.OCHS: Yes, ma'am.
CHAIRMAN FIALA: Okay.
Item # 1 OC
DEVELOPERS CONTRIBUTION AGREEMENT (DCA)
BETWEEN KITE EAGLE CREEK II, LLC, KRG EAGLE CREEK
IV, LLC, KRG 951 & 41, LLC, ABC LIQUORS, INC.,
REAL TYNET REAL ESTATE, LLC AND HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC., (THE
DEVELOPERS) AND COLLIER COUNTY TO FUND
CONSTRUCTION IMPROVEMENTS TO THE INTERSECTION
OF US-41 AND SR/CR-951 - APPROVED W/CHANGES
RECOMMENDED BY STAFF
MR.OCHS: That item is an 11 :30 a.m. time certain. That's Item
10C in your agenda. This item requires all participants be sworn in
and ex parte disclosure be provided by commission members. It is a
recommendation to approve a developer's contribution agreement
between a series of developers enumerated here in your index, and the
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April 14, 2009
county, to fund construction improvements to the intersection of U.S.
41 and SR/CR951.
Nick Casalanguida, your transportation planning manager, will
present.
MR. KLA TZKOW: This is not quasi judicial, just for the record.
MR. CASALANGUIDA: Good morning, Commissioners. For
the record, Nick Casalanguida.
Commission, you tasked us a couple times to look at this project
to see what we could to do to work things out to try and bring a
positive solution to this intersection and the development community,
see if we could coordinate something together.
First of all, I'd like to, you know, thank the folks that worked
with us on this, the county attorney, Jeff Klatzkow; Laurie Beard in
the back; and my boss, Mr. Feder, with DOT. If it wasn't for
everybody putting their heads together and scratching, we would not
have corne up with a solution we think is viable.
To give you an update on what we've done. We've added to the
agreement the inclusion of donated right-of-way; we've provided for
bus subsidies for a period of five years; we are going to put intelligent
traffic management system at the intersections for part of the project;
and last but not least, we are bringing $8.3 million of additional FDOT
money to this proj ect for a total of almost $16 million, $16.5 million.
What we did was we spoke with FDOT, Mr. Feder specifically,
and looked at this TIP, their five-year project, and noticed that they
had about $8 million of resurfacing dollars on State Road 951 south of
U.S. 41.
Where we've done some resurfacing with the Wal-Mart project,
where we are doing this intersection partly with our current proposed
project, we pursued DOT to have that included with our project and
they have agreed to it. They mentioned it at Friday's MPO meeting,
and we want to bring back a joint participation agreement as soon as
they do the document.
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April 14, 2009
I've asked the participants to provide documentation that the
money is on hand. They provided letters of credit. Attorney
Klatzkow wants to make a couple changes to the letters of credit to
make them correct. I have letters from both attorneys that the escrow
money is sitting in the bank waiting to be released.
With that, I have some changes I need to make on file if you
adopt this DCA, and I'll put them on the viewer. Instead of one
business day, it will be five business days for us to clean up the
letters-of-credit language and then to authorize me to sign a letter once
the letters of credit come in the money's been wired over to let
everybody know that the DCA's been fulfilled and to do any necessary
budget amendments for me to recognize the funds and incorporate
them in the project. That's the only changes in the recommendation
portion.
With that, I'll answer any questions that you may have.
CHAIRMAN FIALA: Let's see. Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Nick, how about explaining
to us how this agreement will be consistent with our transportation
concurrency program.
MR. CASALANGUIDA: Sure. What we've done is we've done
two things. Your intersections kind of guide the level of service on
the roads and also the capacity on the roads adjacent to based on the
number of driveways and trips in our trip bank is how we measure
concurrency.
As part of our Annual Update Inventory Report, we go back and
we kind of cleanse the system. It's a day-to-day concurrency system,
but it's also yearly we do an update to the checkbook where we look at
what's been built, what's been -- fallen out of the system per se that
hasn't been built.
So we've done two things. We've taken actual counts in the last
couple of weeks, and we've looked at our three quarterly counts, and
everything that's been built we've taken out of the system. So
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April 14, 2009
maintaining level of service C, by doing that, you're maintaining
capacity on U.S. 41, and there's enough capacity to accommodate the
developers.
The intersection capacity by the project that we have proposed in
front of you right now greatly improves the intersection. It takes it
from FDOT's proposed PD&E one step further. We are actually
making better improvements that take us to about 2025 with the
intersection. So they've met the threshold test with everything we've
done.
Now, the addition of bus subsidies and the ITMS, the SCOOT
system, are just a couple little bonuses that we started at the beginning
of the negotiations that they've agreed to keep in there. That only
gives us a little bit more of a comfortable feeling that we'll even have
some better support to maintain concurrency on this proj ect.
COMMISSIONER COYLE: You're not planning to start
construction until fiscal year 2012?
MR. CASALANGUIDA: 2013, sir.
COMMISSIONER COYLE: 2013, okay.
MR. CASALANGUIDA: That's right.
COMMISSIONER COYLE: And you're going to be completing
it when?
MR. CASALANGUIDA: Probably be about an 18-month
proj ect for an intersection proj ect.
COMMISSIONER COYLE: Okay. So it will be completed
before 2014?
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER COYLE: Okay. Well, no. Mid 2014, end of
2014?
MR. CASALANGUIDA: End of2014.
COMMISSIONER COYLE: What is the contractor's
construction schedule?
MR. CASALANGUIDA: We don't have a contractor yet
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April 14, 2009
because we're going to do a PD&E.
COMMISSIONER COYLE: I'm sorry. The developer's
construction schedule.
MR. CASALANGUIDA: They're going to be free to go as they
submit their money. And the first project that will corne online will be
Lowe's. They're ready to pull building permits. I would imagine the
rest of the developers -- I know Habitat is only looking at 30 to 40
units a year. I know that the Target site doesn't have any interest right
now to develop, so it may take a year or two to develop that site, so it's
going to be sporadic corning online.
COMMISSIONER COYLE: So the developers are going to be
phasing their projects in over the period of time?
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER COYLE: Now, let's presume that they -- that
Lowe's begins working pretty quickly. Let's -- well, what would we
estimate as a completion time for that, year and a half, two years?
MR. CASALANGUIDA: A year, approximately, I would
imagine for a Lowe's.
COMMISSIONER COYLE: So Lowe's will be completed, let's
say, sometime before the end of next year, 2010. Okay. You're not
going to have the road project competed until the end of year 2014?
MR. CASALANGUIDA: That's correct, sir.
COMMISSIONER COYLE: Now, tell me how you're meeting
the concurrency requirements under those circumstances.
MR. CASALANGUIDA: Two things, sir. With the reduction in
the trip bank and the actual background traffic, right now they meet
the concurrency requirements as it stands. So including those trips in.
The second part of that is, a lot of your trip bank that's taking up
that concurrency system, the paper trips, that one-seventh that we put
in for, say, Fiddler's Creek or Lely, they're not there, sir, even though
the board direction is to maintain a static one-seventh.
So you have adequate capacity. And taking out the paper trips
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April 14, 2009
that we have in the system pulls us into a real-time situation where
you don't have a problem, sir, at that intersection.
COMMISSIONER COYLE: Okay. So any interpretation of
transportation concurrency will be based upon actual traffic being
experienced during this period of construction by the developers, and
because you have paper trips reserved, you're not going to run into a
transportation concurrency deficiency during that period of time; is
that a fair statement?
MR. CASALANGUIDA: It's a fair statement, because upon
signing this document, if the board chooses to do so, I will put all
those trips from their development in the trip bank system upon that
day, and they will be accounted for on day one.
COMMISSIONER COYLE: Okay, all right.
CHAIRMAN FIALA: Okay?
COMMISSIONER COYLE: Yeah.
CHAIRMAN FIALA: Okay. Say that one more time.
MR. CASALANGUIDA: When -- should the board choose to
move forward and adopt this and this document becomes live upon
submittal of the dollars within the next five days, their trips will be put
into the concurrency system where I'll be putting -- each proj ect will
be put into the concurrency system banked.
CHAIRMAN FIALA: So does that mean then that they're
automatically guaranteed --
MR. CASALANGUIDA: Capacity.
CHAIRMAN FIALA: -- capacity?
MR. CASALANGUIDA: Yes, ma'am.
CHAIRMAN FIALA: Each of those that have bought their way
into this?
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER COYLE: And I just had one final question to
finish up. What safeguards do we have to assure us that the
construction budget will not exceed available funds?
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April 14, 2009
MR. CASALANGUIDA: Sir, you never have the perfect
safeguard. What we've done is that estimate that's been done by
Stanley Consultant was at a high period using high estimates. We
have $16.5 million of county money and FDOT money. In the
executive summary I said about 1.5 million of contingency for the
county .
Weare optimistic that based on what we've seen for prices right
now, if we're pretty aggressive, we can meet -- we can meet that target
of 18 million. That doesn't mean in 2014 that if everybody lights up a
construction proj ect at the same time we might not be experiencing
higher prices. But I can tell you it's pretty extraordinary that we're
able to get 8.5 million from DOT. The county may be looking at 1.5
to, I would say, a maximum of2.53 million of additional money in
2014.
COMMISSIONER COYLE: And any shortfall with respect to
those dollars will come out of Norm Feder's pocket, right?
MR. CASALANGUIDA: Norm Feder, and I'm sure he'll make it
corne out of my pocket if that's the case.
COMMISSIONER COYLE: Yeah, okay, good. As long as the
two of you share it. All right.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Nick, the $8 million resurfacing
money, when do you anticipate that the road will have to be
resurfaced and where would the money corne from?
MR. CASALANGUIDA: They have -- in 2014 is in their
budget, their fiscal year 2014, which starts in the summer of 20 13.
That's when they would anticipate to do it, so that's when they think it
needs to be done.
We would include that resurfacing as part of our proj ect. So it
would be done. That resurfacing that they're anticipating be done
would be part of -- would be wrapped into our road project. So the
resurfacing would be done and the intersection improvement in 2014.
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April 14, 2009
COMMISSIONER HENNING: And you're saying with the
intersection improvements, it won't anticipate to fail till 2020?
MR. CASALANGUIDA: 2025.
COMMISSIONER HENNING: 2025.
MR. CASALANGUIDA: Right.
COMMISSIONER HENNING: Now, what happens if the ones
that dropped out of this consortium wants to --
MR. CASALANGUIDA: Corne back?
COMMISSIONER HENNING: -- do a PBL (sic) or a plat or--
MR. CASALANGUIDA: At the time they submit, we would do
that concurrency check like we would do with anybody else.
So if they submitted an application, they would see how much
capacity was left over. And if there was enough, they could move
forward. If there wasn't, they would be in the same boat that these
folks have been in for two years.
COMMISSIONER HENNING: Well, you're actually adding
capacity to it. So the ones that dropped out, was this their brass ring?
Ifwe approve this and they say, oh, now there's capacity. Now all we
have to do is pay our impact fees?
MR. CASALANGUIDA: No, sir. There's probably -- when this
is done, there will probably be 40 trips left over on 41, and they would
consume much more than 40 trips. So they would have to be in that
same situation again, the ones that dropped off. They'll be applying,
we would do the background, the trip bank check, and whatever
capacity was available they could apply for.
COMMISSIONER HENNING: That 40 trips is, you're figuring
it on as all the way out to 2025?
MR. CASALANGUIDA: No, sir, just in -- just 40 trips as of
today. That changes daily as part of what's left over. If another
proj ect comes online for --
COMMISSIONER HENNING: Well, how many trips will you
have after these, you know, Habitat and the commercial? How many
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April 14, 2009
trips will you be adding less their impacts to the intersection?
MR. CASALANGUIDA: There would be capacity after these --
if they all broke today and all came on today, there would be about 40
trips left over on 41.
COMMISSIONER HENNING: I see. And then you're going to
do improvements and add even more capacity?
MR. CASALANGUIDA: Not to 41. This improvement is to the
intersection alone, so there will be capacity at the intersection, and
U.S. 41 will have about 40 trips left over, so --
COMMISSIONER HENNING: U.S. 41 east?
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER HENNING: Now, the improvements that
you're going to make, that's going to be for Collier Boulevard, 951 ?
MR. CASALANGUIDA: It's going to be for about a quarter
mile north and south of the intersection, and maybe a little less, maybe
about a thousand feet east and west of the intersection will be the
improvements.
COMMISSIONER HENNING: Thousand feet. Just doing
intersection improvements?
MR. CASALANGUIDA: Yeah. It's a big one, it's an expensive
one, but it's quite a big improvement. You're going to have a 60- to
70- foot median in anticipation of the grade-separate overpass when
we're done. It's going to -- it's going to look vastly different than it
looks today.
COMMISSIONER HENNING: Well, as long as it meets our
transportation concurrency, I don't have a problem with it.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yes. Nick, just to reiterate. You
said that the state -- when is the state going to corne forth with the
money?
MR. CASALANGUIDA: They are drafting up the document as
we speak. I asked them to get me a letter, if they could, today, and I
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April 14, 2009
didn't get a call back, but they mentioned at the MPO meeting on
Friday it's their resurfacing dollars, which is their safest pot of money,
as they say, because their preservation is top priority for them. So
we'll be back, I would imagine, within the next three board meetings,
two board meetings, with a JP A committing that money in 2014.
COMMISSIONER HALAS: They're going to commit the
money in 2014?
MR. CASALANGUIDA: Yes.
COMMISSIONER HALAS: Okay. We're not getting a check
then?
MR. CASALANGUIDA: We'll have the dollars available to us
in 2014, which will be July of 20 14.
COMMISSIONER HALAS: Okay. The state has made
commitments in the past where they were going --
MR. CASALANGUIDA: They have.
COMMISSIONER HALAS: -- going to give us money for Davis
Boulevard. What's to say that they -- they're (sic) going to renege on
this one?
MR. CASALANGUIDA: The money on Davis Boulevard wasn't
an agreement. It was in their work program. They pulled it out. We
currently have an agreement with the state for an advancement
reimbursement for $20 million dollars on Davis. And in talking to
Stan Kant and what I know about the state, they honor their
agreements first and then they look at the work program second. So
getting an agreement hard with them means a lot to them.
What -- these are preservation dollars. These are the most sacred
dollars they have. And it took some work for Mr. Feder and myself to
kind of convince them it was the right thing to do, and they're
committed to it. They realize --
COMMISSIONER HALAS: Well, they may be committed to it,
but the state might end up pulling back that money.
MR. CASALANGUIDA: They put in every contract that they
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April 14, 2009
sign that if something catastrophic happens and they don't have the
money, they don't pay you back. But they are committed -- they are
committed to contracts up front to pay back first.
And in discussions with the state, they're pretty comfortable these
dollars will be there in 2013.
COMMISSIONER HALAS: That's why they're charging us
$1.25 a ton for -- to make sure that that money's there; is that what
you're trying to tell us?
MR. CASALANGUIDA: That's another discussion, sir.
CHAIRMAN FIALA: We have two speakers.
MS. FILSON: Yes, ma'am. Rich Y ovanovich. He'll be followed
by Clay Brooker.
MR. YOV ANOVICH: Good morning. For the record, Rich
Y ovanovich on behalf of the developers in the consortium. I want to
thank you all and your staff for hanging in there with us to come
forward with this agreement.
There's only one other change that I haven't had a chance to point
out to Nick. It's in paragraph 7. We just want to make the timing of
all payments, the $3 million also on the fifth day after the -- to be
consistent with what we just did on the letters of credit.
Other than that, thank you for all your hard work. This is a
win-win, we believe, for the community as well as the developments.
And with that, if you have any questions regarding the agreement, I'm
happy to answer them. Other than that, thank you for working with
us.
MS. FILSON: Next speaker is Clay Brooker.
MR. BROOKER: Good morning, Commissioners. Clay
Brooker, from the law firm ofCheffy, Passidomo here on behalf of
Lowe's.
Just very quickly, Lowe's supports this and would respectfully
request that each of the commissioners support it as well. We're ready
to go. Thanks.
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April 14, 2009
CHAIRMAN FIALA: So Nick, does this agreement guarantee
all of these participants the right to move forward and get permitting
and so forth?
MR. CASALANGUIDA: As soon as they provide the letters of
credits and cash in our safe, our coffers, they get to move forward,
ma'am.
CHAIRMAN FIALA: Now say, for instance, in the case of any
affordable housing and we're already on overload with affordable
housing, and we're -- as you heard earlier in this meeting, we just don't
feel, you know, there's a need for any more, and in that area, we're 40
percent affordable housing as it is of all the housing that's in that area,
what happens if the statistics trip that up and you can't move forward
with that; what happens to that?
MR. CASALANGUIDA: They're part of the group, ma'am, if
they pay their dollars and their letter of credit. I don't discriminate
trips when I look at applications. I just look at what they are. I mean
when I say that whether they're commercial or residential. I look at
them as strictly a trip. So if they're part of the group and they fund,
they provide me a letter of credit, which they have, then they would
meet the conditions of the DCA and they would be allowed to move
forward.
CHAIRMAN FIALA: Even if they -- if they violate the state
statute about oversaturation?
MR. CASALANGUIDA: Ma'am, no. That's the one caveat, and
I'll let Jeff jump in ifhe needs to. They only secure their capacity. If
there is any other requirement, you know, landscape requirement, plat
requirement, or something to do with some sort of zoning requirement,
that would be a different issue.
They have purchased roadway capacity by committing to make
improvements or fund improvements, but they have not approved any
of their zoning or anything else. If they have a plat that needs to be
approved or some other document, they are still subj ect to those
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April 14, 2009
approvals.
MR. KLATZKOW: They're buying road capacity. That's all
they're doing.
CHAIRMAN FIALA: But he just said that they've also bought
the right to move forward with their projects.
MR. KLATZKOW: From a road capacity standpoint. For
example, let's say that there wasn't any water in the area, they couldn't
move forward, or any other numerous issues they might have, they
couldn't move forward. This is just simply transportation
concurrency.
MR. CASALANGUIDA: It's transportation concurrency, ma'am.
MR. YOV ANOVICH: If you'll let me. I've already had my
time. But we talked about this. This is not guaranteeing anybody
zoning. So if there's a parcel, and there is one, that has not been
zoned, they still have to go through the rezone process, and that's
where, I think the concern you raised, would surface, and this
agreement doesn't get around that concern.
CHAIRMAN FIALA: Okay. Commissioners, any other
comments, questions, concerns, motions?
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER COLETTA: Second.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: I have a motion by Commissioner Coyle
to approve, and the second was by Commissioner Henning.
COMMISSIONER HENNING: And with the addendum
presented by staff.
MR. OCHS: Thank you, yes, sir.
CHAIRMAN FIALA: And that's in your motion?
COMMISSIONER COYLE: The recommendations presented by
staff in the executive summary, yes, and this document, yes.
CHAIRMAN FIALA: Okay. I have a motion to approve and a
second.
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April 14, 2009
Comment, Commissioner Halas?
COMMISSIONER HALAS: I can tell you that the dealings that
we've had then with the state in prior issues in regards to corning
forward with the funding for road improvements in Collier County, I
don't feel real comfortable with where we're at, but I will probably
vote for the motion.
And I just hope that when 2014 arrives that the money is there. I
have a great reservation that the money's not going to be there, and I
believe that it's going to be up to this county to make good in regards
to those intersection improvements, and I don't think that the state's
going to be able to uphold the commitments that they're going to
address.
CHAIRMAN FIALA: I think that we're all going to just have to
remain in office till then so that then if they don't corne across with the
money, we're going to --
COMMISSIONER HALAS: That's right.
CHAIRMAN FIALA: -- go up to Tallahassee and -- okay. I
have a motion the floor and a second. All those in favor, signify by
saYIng.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
MR. CASALANGUIDA: Thank you, Commissioners.
CHAIRMAN FIALA: 5-0.
Item #9D
DISCUSSION REGARDING THE RECOMMENDATION OF THE
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April 14, 2009
PRODUCTIVITY COMMITTEE THAT THE BOARD OF
COUNTY COMMISSIONERS EXPLORE CHARTER
GOVERNMENT TO ACHIEVE SIGNIFICANT COST-SAVINGS
THROUGH THE CONSOLIDATION OF MAJOR FUNCTIONS-
AUTHORIZED THE PRODUCTIVITY COMMITTEE TO CHECK
INTO IT - APPROVED
MR. OCHS: Madam Chair, would you like to move back to 9D
now? 9D is a discussion regarding the recommendation of the
Productivity Committee that the Board of County Commissioners
explore charter government to achieve significant cost savings through
the consolidation of major functions. And this is Commissioner
Coyle's item.
COMMISSIONER COYLE: It's really a Productivity
Committee's item. It appears under my name, I guess, because I'm the
liaison for the Productivity Committee.
But it really isn't a proposal that the board give guidance to
pursue charter government. It is a request by the Productivity
Committee to let them research charter government, gather
information from other counties that have implemented charter
government to determine if there are significant benefits to Collier
County, and then corne back and report to us their findings.
And then at that point in time, if the board feels that there is
sufficient justification for pursuing charter government, the board can
provide that guidance at that point in time.
So I would suggest that we not have a long drawn-out debate
about whether or not we're going to have charter government. The
Productivity Committee is merely saying, let us go out and collect
some information, bring it back to you and present our conclusions,
and then you as the board can tell us what you want to do with it.
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: And Gina Downs is here if you'd
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April 14, 2009
like Gina to talk some more about --
CHAIRMAN FIALA: We have three speakers.
COMMISSIONER COYLE: Okay.
CHAIRMAN FIALA: And then --
COMMISSIONER COYLE: She's probably one of them.
CHAIRMAN FIALA: I have commissioners, so -- probably one
of them.
COMMISSIONER COYLE: Yeah, okay.
CHAIRMAN FIALA: Would you call the speakers, please.
MS. FILSON: The first speaker is Harold Hall. He'll be followed
by John Barlow.
MR. HALL: My question is, why? In your workshop you had
an excellent presentation. I forget the organization the lady's from, but
she described the full process of charter government.
One of the things that was pointed out -- and by the way,
Commissioner Coyle made a statement that I think is sheer wisdom
where it was pointed out that once the commission appoints -- you
appoint a charter commission as they did in 1980, you no longer have
any control over that. That is a legal entity all its own, your attorney
will tell you, then they operate, and they bring this to the voters.
Commissioner Coy Ie made the statement. I don't remember the exact
words, but it was, you know, I'd like to know where I'm going before I
start.
COMMISSIONER COYLE: That's pretty good.
MR. HALL: I wrote that down.
COMMISSIONER COYLE: I'll autograph that for you if you'd
like.
MR. HALL: Okay. To begin with, we have a good county
commission. I know of -- and I'm serious on this. I know of no -- I've
been looking at this for many years. I know of no problem, no
challenge, in Collier County today but what this commission can't
adequately address and handle.
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April 14, 2009
I think it's going to be like that for the next one or two elections
or more. You folks have -- you've established some good patterns. I
think those patterns are going to continue. I'm talking about
governments now, the way you operate.
. You have an excellent county manager. In my opinion, the most
effective county manager since Harmon Turner. I worked directly
with the first five and I was closely associated with the next two, and I
followed the -- followed the performance of those up to Jim Mudd. In
my opinion Jim Mudd is the most effective county manager since
Harmon Turner, as I said.
I really don't know why that you want the -- I don't know why
the Productivity Committee wants to do this. I personally -- well, first
the thing I like about them most is that, especially in prior years,
couple years ago certainly, they brought to you some excellent things
for you to think about out of the box. If they -- if they did nothing
else, they -- I don't mean this to sound disrespectful, they forced you
to think. They did a good job.
Now, the one thing that they haven't done that I'm disappointed
in, they really haven't addressed, that I know of, productivity or
efficiency. Right in the division and departmental level, you really
needed this. You desperately needed it last year because you had to
make a lot of cuts. There was a place that they could have really done
a lot of good for you.
They are good people, but I hate to see you make a political
action committee out of them. Keep them as a productivity or
efficiency study committee. Thank you very much.
MS. FILSON: Next speaker is John Barlow. He'll be followed
by Gina Downs.
MR. BARLOW: Good morning, Commissioners. For the
record, my name is John Barlow.
I support consideration of a charter petition and subsequent
citizen vote on that at some point in time, and the reason that I do is I
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April 14, 2009
believe that charter -- Collier government current design inhibits peak
or optimal performance, keeps expenses too high, and slows down
decision making.
There have been a number of suggestions since 2004 for
improvement to this process and why we need to make changes.
What's been suggested really hasn't been very successful.
From the presentation that the Productivity Committee made in
June of 2006, our risks of our current silo organization, which are
simply, there are different goals and agendas, they are competing for
resources, there's contention and distrust, loosely coordinated actions
and duplicative efforts, and we basically under leverage any
economies of scale. We end up taking a pie and slicing it down into
too many pieces.
In an effort to increase the efficiencies, the Productivity
Committee suggested at that time -- and here's another slide from that
one, and I support -- that we establish as a county common goals.
Employee levels of performance planning or setting objectives across
the county government, measurements, and then a cost benefit
analysis. That's a comprehensive analysis.
To achieve these goals, I recommend we develop and place on
the ballot a petition as soon as possible. Charter counties enjoy the
strongest form of home rule. Charter counties can eliminate state and
local tensions to some degree, although not completely, as well as
tensions between local government and within our county
government.
The constitutional promise has fallen short because the local
governments, however constituted, must still operate and often
compete for a fixed limited revenue base.
In June of 2006 the Productivity Committee presented its
effectiveness in the efficiency report right here in this room. The
study focused on three areas, human resources, information
technology, and capital projects.
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The report is available to you, and I would suggest that we
refresh our memories on those because too little has been done in over
three years, and we need to make progress, especially what I've heard
today, regarding the upcoming revenue shortfall.
Thank you for your time.
MS. FILSON: Final speaker is Gina Downs.
MS. DOWNS: I have no screen. There it is. Leo, I'm not getting
a full screen. Now I am. Okay, thank you.
The first chart is a list of the 20 counties who have adopted
charter counties -- charter government and the year that they adopted
them, the second column is the number of cities or municipalities
within those 20 counties, and the last column is the population of
those counties according to BEBR in November of '07 . You can see
at the bottom they total about 12 million citizens.
The Florida Senate Interim Report in October of '08 said that
over 75 percent of Floridians are now living in a charter government.
This ties back into your first chart of the 20 counties. That's the
numbers across the bottom that correspond with your first table
counties.
You see down at the bottom, in 1957,42 years ago, Miami-Dade
was the first Florida county to adopt the charter form. The red line
that cuts across the middle is 1978 when the Florida citizens elected to
change the state constitution to allow the full powers of charter
government.
Since 1978, 15 more counties have signed on to charter
government. The most recent up here on the right in 2008 was
Wauchula County. Since the year 2000, three counties have adopted
charter government. Voters in all three of those counties approved the
charter government the first time it was offered on the ballot.
The question is, when 75 percent of the residents of Florida live
in a charter government and we do not, are we missing an
opportunity?
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April 14, 2009
Over 14 million Floridians are living in a charter government.
None of those have ever rescinded their form of government. Charter
comes up for review, amendment, revision, every two to five years,
depending on how the charter is written. I know of no instance in the
great population of over 75 percent where they have even considered
rescinding the charter.
And I would agree with the gentleman that Jim Mudd is the best,
but I would not agree -- I serve on the Productivity. I in no way feel
like I'm part of a political action committee. I think we remain
another set of eyes for the commissioners, an arm that does review and
valuation. We look at the pros and the cons of every issue, and that's
what we intend to do on charter government if you decide it should go
forward.
Thank you.
CHAIRMAN FIALA: Now, to answer Hal's comment for me --
for me, thank you. I'm going to be calling on commissioners now,
okay -- and that is, you know, I've never been a proponent of charter
government. Too many times people have actually hurt a county by
charter government, and I didn't like to see what went on there. But
now that the state is trying to take over home rule and we're losing less
and less (sic) -- you know, I feel we have done a great job in trying to
do whatever we can to make this county better. We know the county
better than anybody in the state does. Sometimes we don't even get
cooperation from the state when we -- when we approach them and
tell them things that we need, we don't even get their support.
So all of a sudden charter doesn't sound as bad, and that's my
reasoning behind it.
Commissioner Henning?
COMMISSIONER HENNING: Well, I think what I see that
Tallahassee is trying to do is to cut revenues from local governments,
and charter government, the ones that I've seen, Broward, Miami,
Jacksonville, all of them have higher taxes than the noncharter.
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April 14, 2009
So it appears to me it's a way to take more money from the
residents with charter government. And the only recent charter
governments that have been approved provide for term limits,
executive administrator, and from what I talked to the residents out
there, they would probably vote for something like that, term limits
and salary caps and so on and so forth. So if that's the idea, I think
that the voters would be in favor of it.
But as far as raising taxes on the residents of Collier County, I
don't think it's a good idea at all.
CHAIRMAN FIALA: Gosh, I never even thought about raising
taxes. We're--
COMMISSIONER HENNING: Well, Tallahassee, what I've
seen they're trying to do is trying to cap spending from local
governments.
Now, this thing about this Senate Bill 360 that Bennett is doing,
as far as, you know, infill and stuff like that, we wouldn't even qualify
because it applies to communities that have higher level of
populations.
CHAIRMAN FIALA: But that isn't the only bill. Anyway, I
shouldn't be communicating back and forth with you.
Commissioner Halas?
COMMISSIONER HALAS: Yes. I think this is the right
direction that this county needs to go for the future. We need to only
have one silo, instead of five silos, and I believe that what we can end
up doing is we can actually consolidate a lot of the -- a lot of the
things that go on in this county, and I think it's going to be a benefit on
behalf of all the taxpayers in Collier County, and I think it's the right
way to go.
Weare going to have to consolidate, and I think we're going to
have to address issues. And I think it's going to come up when we
start discussing the upcoming budget. And everybody needs to
downsize. And I believe if we have one silo, that's going to fulfill the
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bill.
CHAIRMAN FIALA: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Hal, you're absolutely right. I was
reluctant last time because I didn't know where the path was going to
take us, and I said it exactly the way you remembered it. But
something happened between then and now, and it's this financial
crisis we have and the interest in state government of essentially
closing down local governments.
And I believe that local governments are the most responsive and
most efficient form of government because they're closest to the
people. If you don't spend your money properly, you know about it.
You can sit out in that audience or watch on television and see the
decisions we make about spending your money and you can throw us
out of office if you don't like what we're doing. That's not something
that should be managed from Tallahassee.
Centralized planning didn't work for Russia, it failed in China,
we wouldn't tolerate it in Washington D.C. Why Tallahassee thinks
it's going to work for Florida is beyond me, but that's what they want
to do. They want to control everything from Tallahassee.
We might not be able to stop that even with charter government.
But let me tell you that -- and I'd be willing to bet there's not more
than three or four people in this audience who understand the structure
of Collier County Government. Do you know that there are 20
different independent governmental agencies in Collier County each
of whom, for the most part, has their own independent taxing
authority?
This Collier County Government deals with probably no more
than 25 percent of your property tax. Somebody else gets the rest of
it, and each of those organizations has their own board of directors,
and those members of those boards of directors get benefits or they are
paid for expenses, and some of them, like us, get paid a salary.
There are three organizations in Collier County that own and
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April 14, 2009
operate and maintain aircraft using separate procedures, separate
organizations, separate contracts, Mosquito Control, the Sheriffs
agency, and emergency services. Doesn't it make sense, perhaps, to
consolidate things like maintenance for aircraft in Collier County, you
know? Is that something that might save us money?
So my approach here is, before where I didn't know where we're
going, now we're faced with such severe financial circumstances that
we don't have any choice. We have to find smarter ways of
administering services in Collier County and using your taxpayer
dollars.
This has absolutely nothing to do with increasing taxes. It has to
do with living on leaner budgets and working smarter. And I'm not
sure that charter government will solve all those problems because the
state legislature created all 20 of these independent organizations, but
it certainly will focus attention on it and maybe we can get something
changed.
So I would be interested in gathering information to see what the
Productivity can do for us and guide us in this thing, and we might say
at that point in time, no, it's not worth proceeding, but let's give them a
chance.
CHAIRMAN FIALA: Is that your motion?
COMMISSIONER COYLE: That's my motion.
CHAIRMAN FIALA: Second.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Well, I'd like to second the
motion if it hasn't been.
CHAIRMAN FIALA: I did.
COMMISSIONER COLETTA: Oh, you did?
CHAIRMAN FIALA: Yeah.
COMMISSIONER COLETTA: Okay, well. I'll tell you what,
when it comes to charter government, every reason I heard here is the
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right reason, except for the item that has to deal with taxes.
I think if you do your research and you go back to square one, the
taxes were high in those entities that were mentioned before because
they don't have impact fees in place, because they don't have other
entities in place and they -- they've always had high taxes. So I mean,
that just doesn't hold water.
The part I like best about it, and I mean the saving issues, as far
as the saving of the dollars to the taxpayer, is very important. But the
part I really like is the part that this is a citizens' initiative who can
corne in at any point in time and change the way government's created
in a meaningful way. You have to have a certain percentage that
throw out a petition and be able to sign on, then it becomes a
referendum on the ballot, and it becomes binding.
Right now if we put a referendum on the ballot, that's only a
straw poll. It gives us guidance, but it doesn't force us to be able to
follow that direction, not that we wouldn't, but we wouldn't be
obligated to.
Also to also give you a very important thing, in the past, although
the present commission seems to be in favor of the public at this point
in time, there's been in the past some commissioners that were very
much in -- disfavored by the public. This could give you the right of
recall for reasonable reasons.
And with that, that's the reason why I've been a support of charter
government for over eight years.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Well, after the Productivity
Committee does some study and we're ready for a report, can we have
another workshop like we did before? I think that was just so
productive of sitting down with this -- I mean, I'm hearing different
things. I'm hearing you want to do just a constitutional. I'm hearing
over there you want to do everybody. You know, let's get everybody
in the room and start hashing it our.
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And by the way, once you put it on the ballot, a referendum, we
have no choice. It doesn't corne back to us to approve or disapprove.
It is charter if it passes.
COMMISSIONER COLETTA: Well, I trust the voters more
than I trust everyone in this room.
COMMISSIONER HENNING: Okay. Well, anyway. Can we
do that? Can we do a workshop?
COMMISSIONER COYLE: May I reply?
CHAIRMAN FIALA: Yes, certainly.
COMMISSIONER COYLE: You know, there's a -- I don't know
what you're going to workshop at that point. You know, there's a very
long and extensive process of public input and review before you can
even get to the point of suggesting what a charter might include. And
I think it would probably, a workshop with constitutionals and
everybody else, would, for the most part, turn out the same way that
the workshop for the consolidation of the fire departments has worked
out. Everybody's going to protect their own turf. That's the way it's
always been. That's the way it will always be in the future.
The only way it will change is if the public, the voters, want it to
change. And so I say, let's hold the workshops but let's hold the
workshops for the public and -- because that's required by law, and I
think that's the proper way to formulate the -- a structure for charter
government.
But we're getting way ahead of ourselves here. The Productivity
Committee is merely saying, let us gather some information for you
and present it to you. And if you'd like to proceed, then we can make
those decisions. We can decide how we're going to proceed.
We're going to decide whether or not we should proceed by
establishing a charter commission or if there are other ways of
proceeding. So we can begin to evaluate that. And I just think that's
premature to do that right now. Let's give the Productivity Committee
the responsibility to gather the information for us, make sure we'ren
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properly informed about some of these things, then move ahead from
that point. We can have the debate then.
COMMISSIONER HENNING: Well, can we get analysis on
other charter governments and how they reduced their taxes?
COMMISSIONER COYLE: Well, I don't--
COMMISSIONER HENNING: I mean, I haven't seen any
charter governments that have reduced taxes.
COMMISSIONER COYLE: Well, you know, let's be quite
honest about that. Do you know of anybody who has reduced taxes
substantially over the past ten years? I mean, the taxes in the
aggregate are much higher today than they were long ago because we
have grown. You know, how do you deal with it on--
COMMISSIONER HENNING: But the whole emphasis is to
save money, and I'm saying, this form of government that I've looked
at haven't saved any money.
CHAIRMAN FIALA: Well, let's -- we're going to -- we're
getting into the full discussion and we're not even there yet.
COMMISSIONER COYLE: That's right.
CHAIRMAN FIALA: We've asked the Productivity -- or rather
the motion on the floor is to ask the Productivity Committee to study
this. And that motion has been seconded.
Commissioner Halas?
COMMISSIONER HALAS: I think we ought to just go in this
with an open mind, don't -- don't draw any conclusions until that
information comes forward. And I believe it's going to be beneficial
for all of us.
CHAIRMAN FIALA: Okay. So we 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 COLETTA: Aye.
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April 14, 2009
CHAIRMAN FIALA: Opposed, like sign?
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: That's a 4-1 vote. Thank you very much.
Weare now breaking for lunch.
MR.OCHS: What time would you like to corne back, ma'am?
CHAIRMAN FIALA: What time would I like to corne back,
3:30.
MR.OCHS: Okay.
CHAIRMAN FIALA: What time do we have to corne back,
1:20.
COMMISSIONER HENNING: Hey, four more minutes.
Thanks, Donna.
CHAIRMAN FIALA: Yeah, four extra minutes.
(A luncheon recess was had.)
CHAIRMAN FIALA: Welcome back. Hope everybody had a
nice lunch. N ow we move into the land use portion of our agenda.
Item #7A
RESOLUTION 2009-99: ZLTRA-2009-AR-14174 MARIO
CASTENADA REPRESENTED BY DWIGHT NADEAU OF
RWA, INC., IS REQUESTING AN APPEAL OF ZLTR-2008-AR-
13025. THE APPLICANT PROPOSED TO OPEN A RETAIL
CLOTHING STORE IN THE MIR MAR PUD (ORDINANCE NO.
98-72) BUT THE DIRECTORS FOUND THE USE WAS NOT
ALLOWABLE PER THE GOLDEN GATE AREA MASTER PLAN
AND THE MIR MAR PUD. THE SUBJECT PROPERTY IS
LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 27
EAST. COLLIER COUNTY. FLORIDA - ADOPTED
MR.OCHS: Yes, ma'am. That would take us to 7A, Board of
Zoning Appeals. This item requires that anyone who wishes to
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participate shall be sworn in.
It's ZLTRA-2009-AR-14174, Mario Castenada represented by
Dwight Nadeau ofRW A, Inc., is requesting an appeal of
ZLRT-2008-AR-13025. The applicant proposed to open a retail
clothing store in the MirMar PUD, but the director found the use was
not allowable per the Golden Gate Area Master Plan in the MirMar
PUD.
The subject property is located in Section 27, Township 48 south,
Range 27 east, Collier County, Florida.
MR. KLATZKOW: And this is a quasijudicial matter with ex
parte communications needing to be disclosed.
CHAIRMAN FIALA: Okay. Thank you very much.
And so Commissioners, ex parte, we'll start with Commissioner
Coletta, declare ex parte.
COMMISSIONER COLETTA: Yes, ma'am. I've had meetings
and emails on this item, also I believe I had a phone call or two in the
past. But I met with Dwight Nadeau and his -- and the petitioners on,
I believe, two different occasions, and that's what I have so far.
CHAIRMAN FIALA: Very good.
Commissioner Henning?
COMMISSIONER HENNING: I met with Mr. Nadeau and the
property owners and spoken to staff on this issue.
CHAIRMAN FIALA: Thank you.
And Commissioner Coyle?
COMMISSIONER COLETTA: I have no disclosures for this
item.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yeah, I don't have any disclosures
other than the fact that I discussed this with staff and, of course, this
has been before us a couple of other times.
CHAIRMAN FIALA: Okay. And as far as I go, I met with
Dwight Nadeau and the petitioners, and also I've spoken with staff on
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this item. Thank you.
And would you like to swear in the people who would like to
speak.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN FIALA: Thank you.
MR. NADEAU: Commissioners, good afternoon. For the record,
my name's Dwight Nadeau. I'm planning manager for RW A.
This afternoon I'm representing Mario Castenada who received
the zoning letter, and we're appealing that on his behalf. In addition
with -- in addition, Mr. Armando Cabrera and Maria Cabrera, the
owners of the La Hispania II Shopping Center are also here where
they're interested to see the disposition of our discussions today.
I think that you have a great amount of detail -- detailed history
in your executive summary about how the Randall Boulevard
commercial subdistrict was created. In fact, the Randall Boulevard
PUD was adopted prior to the adoption of the Golden Gate Area
Master Plan, and subsequently in 1989 through 1991, the Golden Gate
Area Master Plan was adopted that included the Randall Boulevard
commercial subdistrict, which included those specific land uses that
are in the subdistrict language and in the PUD.
Subsequently, in 1989, I was representing a former landowner
and doing a small-scale plan amendment to include this particular
2.3-acre property into the subdistrict. I also did the rezoning for the
MirMar PUD, and it included those specific 11 land uses.
N ow, the Estates commercial district -- the Estates commercial
district includes five subdistricts: The interchange activity center, the
Pine Ridge Road mixed-use subdistrict; the Randall Boulevard
commercial subdistrict, which we're talking about today, the Western
Estates; the commercial Western Estates infill subdistrict; and the
Golden Gate Estates commercial infill subdistrict.
Well, all of these particular subdistricts have a range of land uses
that are included in the intent and purpose for criteria language of the
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Golden Gate Area Master Plan.
The Randall Boulevard commercial subdistrict has 11 land uses
that are identified, and they're all C2 land uses or also land uses that
are permitted in C3 sometimes with greater intensity.
The 12th commercial land use is a shopping center. Well, the 10
-- the 11 land uses that are specifically identified could be stand-alone
operations in their own individual buildings, or they could be
aggregated into one building whether or not it was considered to be a
shopping center or not.
What I'm asking for this afternoon is a policy decision from the
Board of County Commissioners -- Board of Zoning Appeals, I'm
sorry -- with regard to the lack of clarity in the Randall Boulevard
commercial subdistrict. The clarity is that what does shopping center
mean with regard to other lands uses that may be contained within the
Land Development Code, C 1, C2, C3 land uses.
It's our position that based on the similarity of the land uses in
both the C2 and in the C3 designation, we feel that the board could
make a policy decision based on that term shopping center where a
range of land uses to include C1, C2, and C3 may be provided for.
This decision today could become effective immediately and
allow the request for a formal interpretation from the planning zoning
director wherein that formal interpretation could say that based on
your policy decision the PUD may have these range of uses without
having to amend the PUD.
Your staff report leads you to such a type of conclusion. In the
bottom of Page 3, it said, though we may find it undesirable today to
have such a narrow listing in the GMP, it's staffs position that they
need to follow the law. I'll paraphrase there. And that's accurate.
They're doing a great job on setting forth what the law says, but
they're also identifying that there could be a better way to say it.
Staff, while they're suggesting making an amendment to the PUD
or the Growth Management Plan, they're saying the staff does not
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anticipate they would take issue in an amendment to broaden the use
of the range of uses to be comparable to neighborhood center
subdistricts. Well, the neighborhood center subdistricts do include the
full range of C 1, C2, and C3 land uses.
It's also important to note, too -- it's kind of ironic, actually, there
is a 2008 Growth Management Plan amendment currently in process
that's asking to expand the Randall Boulevard commercial subdistrict
to go on additional lands further to the east, but they're also proposing
to include limited C4 land uses.
Now, that particular Growth Management Plan amendment won't
be before you for transmittal hearings until probably the end -- the
very end of this year, if not part of 20 1 0, and with the final adoption of
those amendments, if they're successful, in probably January of 20 11.
So it's going to be a while before you hear that, but we present
this to you this morning, or this afternoon. And I'd be happy to
answer any questions that you might have.
CHAIRMAN FIALA: We'll move on to staff right now --
MR. NADEAU: Please.
CHAIRMAN FIALA: -- and then any speakers, and then we'll
ask for commissioners' questions and comments.
MS. ISTENES: Good afternoon. Susan Istenes, zoning director.
I'll try to keep this brief because I understand, of course, you do have
a lot of backup, so hopefully it was all clear for you.
But what we are really here today to do is to decide whether or
not a clothing store is a permitted use in the MirMar PUD per the
current PUD ordinance which was adopted in 1998. And interestingly
enough, in 1998, Dwight was the representative for the applicants for
projects, as he mentioned, and I was actually the principal planner
who handled this proj ect.
And I would kind of describe it as a no-brainer because -- and, in
fact, I didn't even remember that I had done it because the PUD itself
adopted very specific sets of land uses. And there was no negotiation,
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there was no discussion, there was no debating compatibility analysis,
the GMP had been set, and the PUD simply mirrored the language in
the GMP as far as the land uses go.
The only outstanding issue I recall, and back when I reviewed the
minutes, was that there was some transportation issues. I'm not
entirely sure of the status of those today, although I did confer with
Norman Feder, who explained to me that there would be some future
improvements to that whole intersection there of Randall and
Immokalee Road.
So I'm not entirely sure how the PUD plays into those plans.
And if you have further questions on that, I'm sure he could probably
elaborate.
It's interesting though that some 11 years later Mr. Nadeau
should infer that it's proper and to ask you now to make a policy
decision to include and expand those land uses to allow those uses in
the -- up to the C3 zoning district without amending the PUD. And
although the future land use designation of this property remains the
same today as it was back then, I guess I just don't quite understand
how it wasn't a problem back then, but now suddenly there needs to be
a shift in policy.
As I reported to you last time we discussed this issue, to amend
the PUD requires an amendment to both the GMP and the PUD. As
Mr. Nadeau pointed out to you and as I found out approximately a
week ago, I've been made aware that there is a petitioner who has
submitted an application for a GMP amendment in this area and has
requested that the area encompassing these two PUDs, the MirMar
and the Randall Boulevard PUD, want to incorporate it into a
neighborhood area subdistrict, which would then, if approved, resolve
the Growth Management Plan conflict with this proj ect.
That being said, if it was approved, then the petitioner would
then come in and amend the PUD to make his PUD consistent with the
Growth Management Plan at that time which would then, the thought
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is, allow the uses C 1 through C3 or even limited C4, depending on
how the board -- and if the board approved the amendment to the
GMP.
I'm strongly recommending against the policy decision that Mr.
Nadeau suggests that you make. It really is contrary to the
requirements of the Land Development Code and the GMP. It is
really the equivalent of amending the PUD without a public hearing.
I can appreciate that the petitioners in these hard times may have
lack of money or lack of business, although when I did go out there I
only saw one vacant storefront from the outside, which tells me they're
probably doing a little bit better than the folks in the urban area where
I see many vacant storefronts.
Nevertheless, I'm really not blind to the current economic
conditions here, but the proper thing to do, really, is to amend the
PUD and the GMP as well.
Mr. Nadeau suggested an official interpretation should you care
to make a policy decision, and I would certainly entertain discussion
on that matter as well.
But my position is, essentially, the MirMar PUD spells out the
exact -- all the land uses that are permitted within it in the ordinance,
and to deviate from that by a policy decision would be contrary to the
Land Development Code. It requires an amendment to the PUD. The
PUD is 11 years old. The subdistrict is 20 years old. I think we can
kind of all see the handwriting on the wall. It's antiquated and dated
and needs to be brought up to the current demands of the community
at this time but through the appropriate public hearing process.
Thank you.
CHAIRMAN FIALA: Thank you.
Do we have any speakers?
MS. FILSON: No, ma'am.
CHAIRMAN FIALA: Okay, fine.
Then Commissioner Coletta, you're the first one.
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COMMISSIONER COLETTA: Yes, if I may, I'd like to make a
motion that the BZA find that the director's findings are inconsistent
with the LDC, GMP, or the PUD for the use to be allowed, that BZA
establish policy that with all of the specific land use permitted in the
Randall Boulevard commercial subdistrict being C2 land use and that
all C2 land use would be permitted through the interpretation that the
shopping center land use is to be a catchall for all of the C2 land uses
that are not listed.
This policy decision would become effective immediately and
would allow for the Hispanic II Shopping Center to achieve a greater
occupancy than is presently possible.
And this is a one-of-a-kind exception to what's been out there
before. But it kind of brings everything together rather than putting
the petitioner through a long, arduous process when business is at an
all-time low to be able to accommodate people in the area that are
looking for these services.
COMMISSIONER HENNING: I'll second that motion. I want
to further have discussion on it.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN FIALA: And Commissioner Halas, you're next.
COMMISSIONER HALAS: I think Commissioner Henning was
next.
CHAIRMAN FIALA: Actually, I don't think so. I've been
writing them down, sorry.
COMMISSIONER HALAS: Okay. I'm sorry. I had some
questions, and that is, it's my understanding this PUD was approved
back in 1989; is that correct?
MR. NADEAU: Yes, that's accurate, Commissioner.
COMMISSIONER HALAS: Are the same -- does the same
owner own this PUD as who owned it back in 19897
MR. NADEAU: My clients at the time of the rezoning were not
the -- the Cabreras with me today.
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April 14, 2009
COMMISSIONER HALAS: Okay. So obviously they bought
this from somebody else; is that correct?
MR. NADEAU: Yes, sir.
COMMISSIONER HALAS: Then did they do due diligence and
understand that there might be some shortcomings in this PUD at the
time that they bought this?
MR. NADEAU: I would imagine that they certainly would have
COMMISSIONER HALAS: And when did they buy this PUD?
MR. NADEAU: I honestly don't have that information. It was a
year after the zoning in '99.
COMMISSIONER HALAS: In '99?
MR. NADEAU: Yes, sir.
COMMISSIONER HALAS: If they realized there was some
shortcomings at that time, was there any movement on their part to
come before the board or to put forth the PUD amendment?
MR. NADEAU: At the time, Commissioner, they were focused
on getting a building up. There were some difficulties getting the
building up and some financial hardships. They were just happy to
have the opportunity. But as they found through the years that they
were severely limited by those specific land uses, they then began,
about three years ago, trying to pursue opportunities to expand the
land uses in the PUD outside of the formal zoning process.
COMMISSIONER HALAS: I guess what I meant, that they
realized that there was some shortcomings when they purchased it.
MR. NADEAU: I would have to assume they did.
COMMISSIONER HALAS: Okay. And here we are 2009 when
they bought it in '89 or whatever, '90 --
MR. NADEAU: Ten years ago.
COMMISSIONER HALAS: -- yeah, about ten years ago, that
we haven't done anything about it.
I have some concerns because I'm just wondering if we're going
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to open up Pandora's box in regards to, if we approve this, if this is
just the start of -- because everybody's going to be coming back and
saying, you know, we've got some hardships, we've got some
problems here. I think all of us have got hardships and problems here.
And I guess one of the things that concerns me -- and right now
I'd like to ask staff in regards to item number 11, which is one of the
13 uses, it says shopping centers, or shopping center. When this was
proposed, what was the reference to shopping center? What did this
really mean?
MS. ISTENES: I'm going to answer briefly, but I'll-- if David
wants to -- David Weeks wants to add to that, I'll certainly let him step
In.
Well, why don't I do that now. I mean, no sense in double-talk
here.
MR. WEEKS: David Weeks, planning manager in the
comprehensive planning department.
Commissioners, at the time when the Growth Management Plan
was amended as well as when the original PUD was approved back in
1998, the zoning ordinance in effect at the time listed shopping center
in the C2, C3, C4 and C5 zoning districts.
The definition of shopping center really is not -- was not and is
not today an actual use. It has to do with the type of structure, the
type of aggregation of uses. There are a number of uses within a
single building or at that time also included the square footage of the
building.
So it's a -- it has to do with the structure itself and the aggregation
of uses, not as a use as you typically think of, such as a retail store or
an office or so forth.
And the application of shopping center under that 1982 zoning
ordinance was that whatever zoning district the subj ect property lies
within, the shopping center could have a mixture of uses from that
zoning district. So, for example, if your property was zoned C5, you
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April 14, 2009
could have a shopping center with all C5 uses. If your property is
zoned C3, you could have a shopping center with C3 uses. You could
not, however, in that C3 zoning district, reach over and grab uses from
C4 or C5 and bring them into your shopping center.
And the staff position here would be, in this PUD, there's a
limited number of uses, including shopping center. So what uses are
allowed in that shopping center in this PUD? Only those land uses,
those 11 or 12 land uses in this PUD, not those from some other
zoning district.
COMMISSIONER HALAS: So when you say shopping center,
it encompassed these 12 items that could be put in there?
MR. WEEKS: That is correct.
COMMISSIONER HALAS: So it didn't say anything about a
dress store, right?
MR. WEEKS: That's correct.
COMMISSIONER HALAS: Okay. And if it was a shopping
center and if you had listed it, you could have put a bar in there, right?
If it was -- if it was -- if somebody looks at this and says, it's just a
shopping center. And so, maybe under the shopping center we ought
to include other items, but it's very specific what you can put in here,
because you don't have anything where you can put a bar in there,
okay. You can't put an adult bookstore in there, right, or can you?
MR. WEEKS: That's wide open, Commissioner, because if we're
going to step outside of shopping center as a structure and treat it as
allowing uses beyond those listed in the PUD, then the question is,
where do you reach to? What zoning district are you going to take the
uses from and what's the rationale for doing so?
COMMISSIONER HALAS: Would a bar be considered as C2?
MR. WEEKS: Yes, sir.
COMMISSIONER HALAS: Okay. Would an adult bookstore
be considered C2?
MS. ISTENES: A bar would be C4, I believe. I'll look it up, but
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April 14, 2009
it's drinking establishments. At a minimum C3, but definitely not C2.
COMMISSIONER HALAS: What about an adult bookstore?
MS. ISTENES: Probably C5.
COMMISSIONER HALAS: Okay. What about tattoo parlors?
MS. ISTENES: C5, I believe. C4, C5. C4 at the lowest.
COMMISSIONER HALAS: Okay. I guess where I'm going
with this, you have to be careful what you wish upon when you say a
shopping center, and that's why when this PUD was drafted, it was
specific to what you could build in this C2 shopping center; is that
correct?
MS. ISTENES: Our position is, it was specific to those uses
listed in the PUD that are before you and that shopping center could
only encompass those uses in a collective group.
COMMISSIONER HALAS: What other things could you put in
here if you didn't have this item number 11 saying shopping center?
What else could be included in this?
MS. ISTENES: Only the uses that are listed. So if you remove
shopping center, it's not really going to have an impact. To me,
shopping center is somewhat meaningless. As David pointed out, and
I concur with it, it is not a land use designation. It is simply a
description of land uses and the land -- and shopping center is
qualified by the list in the PUD.
So you can't, as David pointed out, can't reach out to another
zoning district and include it just because it says shopping center.
COMMISSIONER HALAS: Just for my own satisfaction, would
a strip mall be considered a shopping center?
MS. ISTENES: It's a form of a shopping center in some cases if
it meets the criteria. The criteria changed. There's a square footage
criteria, and I believe it was 20,000 at one point, now it's 25-, but --
COMMISSIONER HALAS: So if they want to include other
than this, you're saying the proper way to do this is to get an
amendment to the PUD; is that correct?
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MS. ISTENES: Correct. It would be an amendment to the GMP
and an amendment to the PUD. What I pointed out is, there is an
amendment that potentially is coming before you to include this
property, thus making -- if approved, thus making the property eligible
to be rezoned to include the uses they're asking for today.
COMMISSIONER HALAS: So what you're telling me then is
that the petitioner today is asking us to approve a GMP amendment
and approve a PUD amendment basically so that they can go forward
with something else that's other than what's listed here at the present
time; is that correct?
MS. ISTENES: Indirectly, yes. I mean, in a nutshell, our
position is, you can only have the uses listed in the PUD. I mean,
that's our position on every PUD. It's no different.
COMMISSIONER HALAS: So they're coming before us and
saying that we need to do this immediately, and we need to make a
change prior to it going through the normal process; is that correct?
MS. ISTENES: Correct.
COMMISSIONER HALAS: Okay, thank you.
CHAIRMAN FIALA: Okay, my turn, okay.
I just have a couple fast questions here -- questions myself. First
of all, that was interesting that they're already going through the
process to amend this. And what -- the confusion I had was, again,
shopping center. And I looked at what they said on Page 3, and it said
that this property already had the following businesses: Real estate
office, which isn't listed there but could probably be grouped under
shopping center, office, possibly that could be professional offices,
florists. There is no florist here, but possibly that could be under
shopping center; express shipping business. Again, there is nothing
for express shipping business, but maybe post office you could put it
under, I'm not sure; truck parts and tire store. Well, that isn't really an
automobile service station, but maybe -- you know, maybe it could be
under shopping center; and business center, I'm not quite sure what
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that would fall under.
So being that I have a lot of questions about what all these fall
under, I would think shopping center, which probably included most
of those, could also include a dress shop, especially because we're
going to be moving forward and having this whole PUD modified to
include it anyway, and it seems that that's a reasonable way to go in
my opInIon.
And we're trying right now to rescue businesses and encourage
business, and I -- and here's a business willing to go forward, already
spent $70,000 trying to get there, and I'm saying, let's go for it.
Commissioner Henning, you're next.
COMMISSIONER HENNING: The -- what's interesting is in
the GMP under Golden Gate Master Plan for the subdistrict, 1 through
13 on Page 2 are the same, and shopping center is in there. The ironic
thing, when the PUD was -- when it was rezoned based upon the
Growth Management Plan, shopping center was one of the uses.
And the ironic thing is -- because I looked at the backup material
of that year, and nobody had a problem. Everybody said it was
consistent with the Growth Management Plan. So now we're here
questioning shopping center.
And I agree it's not a use, but I -- I think the shortcoming comes
from the county not identifying in the Land Development Code what
is shopping center and the uses, because if we -- we put it in here.
I think Commissioner Coletta's motion is very conservative
because the Growth Management Plan for Golden Gate says that
commercial activity centers shall be comprised of C 1, C2, and C3
uses. But it's his district, and I'm not going to argue with putting
another commercial district into his motion. I'm going to support the
motion because I think it's the right thing to do.
You know, if it was inconsistent to have shopping center in the
uses back in the '80s or '90s, they should have said so and it shouldn't
be in there.
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April 14, 2009
CHAIRMAN FIALA: Okay, thank you.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I cannot imagine what harm
would result by putting a clothing store in this shopping center. There
are already other uses -- there are businesses right now that do not
appear on this list of approved uses. So it's been happening for a long
time now. I can't -- I can't see the harm in permitting it.
The -- there's only one concern I have, and that is the statement
under legal considerations that says the Board of Zoning Appeals may
not deny the zoning letter unless it finds that there is no substantial
competent evidence to support the denial of the proposed use.
Well, of course, staff has substantial competent evidence to show
that it is inconsistent. It does not appear on the list of uses. So how do
we deal with that, County Attorney?
MR. KLATZKOW: Well, that just comes out of your code. It's
not an opinion that we just took out of there. That comes out of the
LDC itself.
Look, at the end of the day if you believe that the proposed uses
that Mr. Nadeau is bringing forth is consistent, the shopping center has
some meaning to this, then Commissioner Coletta's motion is
appropriate. If, however, you believe at the end of the day from staffs
point of view that shopping center is really not a use, it's just a
descriptive term that these other 11 uses could be put into, then you
vote against the motion.
COMMISSIONER COYLE: Well, you know, I'm looking at it
from the standpoint of service to the public. I see nothing wrong with
having a clothing store in this building to be -- to serve the public. It
just isn't inconsistent with anything else.
And I would have to support it, but my only, only concern is that
we're doing it without the public hearings that we would generally
hold when we're changing the zoning on something. That's my only
reservation here. Usually we try to get neighborhood input. We'd like
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to hear what the neighborhood has to say.
But of course, this is advertised right here, and I don't see any
neighbors here. So I have to assume that no one objects to this. And
purely from an intuitive standpoint, it seems to me that a clothing store
would be a logical thing to include in a neighborhood shopping center.
So I can't -- I can't fail to support the petitioner's request here in
this case, although I understand -- I believe you said to us that we're
going through the process of changing this already.
MS. ISTENES: There is a private amendment that has come in
and has recently -- in that area, and then has recently requested to
include these two properties that make up this subdistrict in that
amendment. That's not set in stone, and there's no guarantee you're
going to vote to transmit it and then later vote to adopt it. I'm just
letting you know as a -- what the status is today of that.
I will comment on one thing. I think one of the shortcomings of
the PUD and why I'm really trying to encourage a PUD amendment,
besides the fact that it's lawfully required, is that the list of uses is very
restrictive, and from a compatibility standpoint, Commissioner, you're
correct. A shirt shop has no more impact than a drugstore. In fact, it
probably has less. So there's no compatibility issue there in my
professional opinion.
We're hamstrung though by the list of uses there. I think staff has
tried their best to kind of dovetail uses in where they might fit within
that list of permitted uses. So that goes to your concern,
Commissioner, is, you know, to the extent we feel we can legally
defend our position to allow a use, the staff has been attempting to do
that.
Tome that sends a bigger picture message, and that is, this is an
older PUD in a very old subdistrict, and it's time for an amendment
and time to bring it up to current standards, and that is through the
public hearing process.
COMMISSIONER COYLE: Well, I guess my bottom line is that
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April 14, 2009
I think you have substantial competent evidence to issue the ruling
you've issued; on the other hand, I think that no harm will come if we
permit them to use this as a clothing store.
But I, too, would feel comfortable if we proceed with the PUD
amendment and the Growth Management Plan amendment. But in the
interim, I think they should be permitted to use it for the purpose
they've specified.
CHAIRMAN FIALA: Thank you.
And Commissioner Coletta, wind this up.
COMMISSIONER COLETTA: Thank you. And Commissioner
Coyle summed it up quite well. And I just wanted to give you a
different light on this whole thing.
I must be getting old, because I was here for the original hearing.
I can very much remember what took place, and at that point in time
it was what tenants they had available to go in the building. It was
very shortsighted on their part, but the shopping center inclusion in
that whole thing, I think, covers a bunch of problems that may exist.
I think we're dealing more with technicalities than we are with
the actual law itself. We heard from the county attorney that if we
proceed with my motion, that it will do no harm. So I don't know why
we're taking this thing and dragging it out so long, and I kind of hope
that we can reach a conclusion on it that will be favorable for the
petitioners so they can get on with their life and be able to open that
business for the -- what's available out there to be able to benefit the
people that live in that area.
CHAIRMAN FIALA: Thank you.
Oh, looks like Commissioner Halas wants to say something.
COMMISSIONER HALAS: Yep. I would hope that if this does
get approved, can we have some assurance that the owner of this PUD
will come forward to get this PUD brought up to date?
MR. NADEAU: Commissioner, I -- during my presentation I
offered two options, one being the simplest and does have the public
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April 14, 2009
involvement, and that would be a formal interpretation of the Randall
Boulevard -- of the -- excuse me, of the MirMar PUD. Ifwe -- if
you're gracious enough to grant the appeal today, I would use that
policy decision to request a formal interpretation to use those land
uses that are being specified in the policy decision. That is an
advertised item. There is public notice around the subject property.
It's less than having to go through a formal PUD amendment
where we would be making changes to the text. It would be a separate
instrument. But if my -- and we'll follow a publicly vetted process,
but I would have to defer to you as the board to give me direction on
the process to follow, whether it must be -- may be a minor
amendment to change language, or if I can follow through with a
formal interpretation which, of course, if the staff doesn't agree -- and
we haven't even approached that yet -- that also is appealable to this
board.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Well, I think that what the
motion is is to interpretate what shopping center means and -- of a use
in the subdistrict. Correct me if I'm, Commissioner Coletta, but that's
what I understand on it. And, again, I think Commissioner Coletta's
motion is very conservative.
The Golden Gate Area Master Plan is very clear about uses and
all the other ones. So you're not getting what you may be duly noted
to get, but if you -- if you want that, go through a PUD amendment.
COMMISSIONER COLETTA: But I wouldn't make it a
requirement. In other words, what I have before this board right now I
think should stand as is rather than a precondition that you have to
come back and do another motion over the top of it.
Now C2 is not -- and C2 is not intrusive upon that neighborhood,
or I would never be agreeing to it. If you feel that C3 or C4 might be
appropriate, then come back for the plan amendment. Meanwhile, let's
go to the county attorney.
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April 14, 2009
MR. KLA TZKOW: Just for clarity, because I've heard a lot of
different things. My understanding of your motion, sir, is that you're
interpreting shopping center to include C2 zoning, and that's both for
the PUD and for the Compo Plan, and so that if this motion's
successful at this point in time, that shopping center can do C2.
COMMISSIONER COLETTA: C2.
MR. KLATZKOW: C2.
MR. NADEAU: Without?
MR. KLATZKOW: Without anything else. We're done.
COMMISSIONER COLETTA: Yeah, you're done. You don't
want to make it any more difficult or drag them through any more --
incur any more expenses for the petitioner.
MR. NADEAU: Thank you for that, Commissioner.
CHAIRMAN FIALA: With that, I will close the public hearing
and call for the vote.
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: Wow, that's a 5-0. That's pretty good.
MR. NADEAU: Thank you so much, Commissioners.
CHAIRMAN FIALA: All right.
Item #10A
DIRECTED STAFF ON THE PREFERRED PROCESS TO BE
USED TO ADMINISTRATIVELY EXTEND THE SUNSETTING
DA TE FOR ALL PUDS THAT HAVE SUNSETTED OR THAT
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April 14, 2009
ARE APPROACHING ITS ESTABLISHED SUNSETTING DATE-
APPROVED OPTION #4
MR. OCHS: Commissioner, that moves us to county manager's
report. First item, 10A, is a recommendation that the Board of County
Commissioners direct staff on the preferred process to be used to
administratively extend the sunsetting date for all PUDs that have
sunsetted or that are approaching its established sunsetting.
And Mr. Joe Schmitt will present.
MR. SCHMITT: Good afternoon, Commissioners. Joe Schmitt.
COMMISSIONER COYLE: Motion to approve alternative four.
COMMISSIONER HENNING: Second.
MR. SCHMITT: Super.
COMMISSIONER COYLE: We will just read what four is and
let -- and get on with it, all right.
MR. SCHMITT: I'm glad you read the executive summary, and I
was going to go right to the four alternatives.
It's basically an ordinance to toll all active PUDs, that -- there's a
draft ordinance in your agenda, and that's in response to basically the
dramatic decline in development and development-related activities
and, in an effort to stimulate a recovery, declare by ordinance to
lawfully toll the clock for a recommended 24 months for all active
PUDs.
And I note the word active because I don't know if we can do it
for PUDs that have already tolled. And I think that's something
between -- Jeff and I and Susan will have to discuss, but limited to
active for now.
COMMISSIONER COYLE: That's my motion.
CHAIRMAN FIALA: Okay. We already have a motion on the
floor by Commissioner Coyle and a second by Commissioner
Henning.
Go ahead, Commissioner Henning.
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April 14, 2009
COMMISSIONER HENNING: The -- let's talk about inactive
PUDs.
MR. SCHMITT: Yes, sir.
COMMISSIONER HENNING: Is that the ones that the board
has already deemed to be -- they have to go through the process again,
or is that the ones that went through the two --
MR. SCHMITT: Extensions.
COMMISSIONER HENNING: -- extensions and they -- they
can't come back?
MR. SCHMITT: That's correct. An inactive PUD would be
exactly what you said, the latter, which have had a seven-year --
whatever procedure it was, it was a total of seven years to begin their
proj ect. Seven years have now gone by. They've either had one or
two extensions, but no more than seven years. They do not lose the
zoning, but in order to have a local development order issued, they
would have to come back and do an amendment to the PUD.
COMMISSIONER HENNING: Well, let me ask you, out of the
ones that don't have any more extensions, any more lifelines -- let's
call them lifelines.
MR. SCHMITT: That's good -- a good analogy.
COMMISSIONER HENNING: The -- are any of those, would
you consider, are not -- haven't moved forward because of the
economic conditions?
MR. SCHMITT: Most of those that are, in fact -- of course, most
everyone out there are not moving forward strictly because of no
development taking place.
COMMISSIONER HENNING: Well, just the ones that are
inactive.
MR. SCHMITT: Inactive.
COMMISSIONER HENNING: Right.
MR. SCHMITT: There's a lot of reasons for inactive PUDs.
They've not gone anywhere as far as interest. One will come to mind,
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and which was a large PUD, but really a DR!, but Sabal Bay, some
other proj ects out there, for whatever reason, have gone nowhere and
have not gone through the required development criterias established
in the LDC, and their sunsetting date has already come about. They've
already been declared sunsetted.
And if your intent is to avail this opportunity to everyone, then
we would have to draft the ordinance to say -- as a way to activate
those and move those -- all PUDs two years out.
COMMISSIONER HENNING: Well, I don't want to do that to
the ones that came to the Board of Commissioners on the summary
agenda and said, okay, this is sunsetted. They don't have any more
lifelines.
MR. SCHMITT: No, that's different. Those are closeouts.
We've -- that's a closeout ofa PUD. We're actually closing out a PUD
and declaring it built out or closeout where no local development
orders would be allowed.
COMMISSIONER HENNING: No, no. I'm not talking about
that one. There are some that -- I mean, Mirasol is --
MR. SCHMITT: Mirasol is a great example.
COMMISSIONER HENNING: That example we said, no,
you've had too much time. Go through the process again. But there's
also been on our summary agenda, Marcelli PUD, I think it was. We
said, no, we're not going to do it anymore. And there's one over there
by Golden Gate High School. Those are the ones that I'm saying we
shouldn't do. But the ones like the Sabal Bay, that's most definitely the
economic conditions.
MR. SCHMITT: The one you mentioned over at Golden Gate, is
that the commerce -- or the Collier Boulevard mixed-use commerce
center, which is still an active PUD?
COMMISSIONER HENNING: No, no, no. It was a -- it wasn't
a multi use. It was multifamily. And Garret Richardson, Garret
Byron? That's the one we said no, you have to -- you see what I
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mean?
MR. SCHMITT: Yes.
COMMISSIONER HENNING: The Sabal Bays and all the
others is definitely economic conditions, and it's my opinion that they
should be told they'll be given other lifeline, or whatever you want to
call it.
CHAIRMAN FIALA: I like that term.
COMMISSIONER HENNING: Move it forward. It's all about
the economics, you know, why --
MR. SCHMITT: I understand. I guess I just need guidance on
what to bring back. Do we include all PUDs or --
COMMISSIONER HENNING: I don't know how anybody else
feels.
MR. SCHMITT: -- those that are deemed still active?
COMMISSIONER COYLE: I think that's the key, if it's an
active PUD. If it's inactive, it's inactive because the owner or
developer hasn't done anything for seven years.
MR. SCHMITT: That's correct.
COMMISSIONER COYLE: And that's not because of recent
economic activity.
MR. SCHMITT: One would conclude, yes, it would not be.
COMMISSIONER COYLE: That's right. So I would suggest
we go with your recommendation to toll all active PUDs. If they've
already been sunsetted, then they're not active and they would not be
tolled. I mean, the problem here is, that if we just include all of these
old PUDs, you know, there's going to become a -- we're going to get
to a point where we've got to update those things --
MR. SCHMITT: That's correct.
COMMISSIONER COYLE: -- to current standards, and we just
cannot let -- let this apply to expired sunsetted PUDs.
MR. SCHMITT: And that was your intent many years ago to get
these PUDs in front of the board to get them updated and to have them
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to be consistent with current regulations, whether in the GMP or LDC.
COMMISSIONER COYLE: That's right.
CHAIRMAN FIALA: I agree.
COMMISSIONER HENNING: Speaker.
CHAIRMAN FIALA: We have one speaker, thank you.
MS. FILSON: Yes, ma'am. Rich Yovanovich.
CHAIRMAN FIALA: Rich Y ovanovich.
MR. SCHMITT: He doesn't want to snatch victory from the jaws
of defeat or --
MR. YOV ANOVICH: Defeat from the jaws of victory.
MR. SCHMITT: Defeat from the jaws of victory, okay, there
you go.
CHAIRMAN FIALA: Okay. We have a motion on the floor and
a second to approve option number four.
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.)
CHAIRMAN FIALA: Very good.
MR. SCHMITT: If I clarify then that it won't be this following
this board meeting because we'll have to advertise. It will probably be
-- so it's at least -- at least a meeting -- at least four weeks from today.
CHAIRMAN FIALA: Okay. Thank you very much.
Item #10B
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AWARD BID #09-5199 INCLUDING ALTERNATE NO.1 FOR
CONSTRUCTION OF PALM RIVER ESTATES UNIT 5 N-S
STORMW ATER IMPROVEMENTS, PROJECT NO. 510301, TO
STAHLMAN - ENGLAND IRRIGATION, INC. IN THE AMOUNT
OF $348,269.11 PLUS A TEN PERCENT CONTINGENCY AND
APPROVE NECESSARY BUDGET AMENDMENT - MOTION
TO APPROVE W/STIPULATIONS: PUT UP A FENCE AND
ACCESS GATE (AND TO CHECK AND VERIFY EASEMENTS)
Item #6E
PUBLIC PETITION REQUESTED BY WILLIAM MCDONOUGH,
ESQ. DISCUSSING THE PALM RIVER ESTATES UNIT NO.5
NORTH/SOUTH STORMW ATER IMPROVEMENTS (THIS ITEM
TO BE HEARD IN CONJUNCTION WITH ITEM #10B.)
MR.OCHS: Madam Chair, that takes us to 10B,
recommendation to award bid number 09-5199, including alternate
one, for construction of Palm River Estates Unit 5, north/south
stormwater improvements, project number 510301, to Stahlman
England Irrigation, Inc., in the amount of$348,269.11 plus the 10
percent contingency, and approve necessary budget amendments.
Jerry Kurtz, principal proj ect manager with your stormwater
section, will present.
MR. KURTZ: Good afternoon. Jerry Kurtz, principal--
MR.OCHS: Excuse me, Jerry. I'm sorry.
Madam Chair, I also should add this, that item is being heard in
conjunction with Item 6E, which was a public petition request from
Mr. William McDonough on behalf of several of the residents out
there. And I note that again for the record, that 6E is to be heard in
conjunction with this item.
CHAIRMAN FIALA: Thank you, Mr. Ochs.
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April 14, 2009
And Sue, could you also tell me how many speakers there are on
the subject.
MS. FILSON: Six.
CHAIRMAN FIALA: Thank you.
MR. KURTZ: Good afternoon. Jerry Kurtz, principal project
manager with your stormwater management program.
I'd just like to quickly provide you a brief background of the
project and show some photos of the area and be available to answer
any questions.
This is a recommendation -- it's a recommendation to award the
construction bid for the project. The total amount is 383,000, and that
includes a 10 percent contingency if we -- for unforeseen items that
might occur. It also includes a bid alternate for some landscaping in
the amount of$13,000. And I'll clarify the landscaping components
for the proj ect in a moment.
In the late 1990s and early 2000s, we had several years of
above-average rainfall, and significant flooding resulted, especially up
in this area of town. Where we're at is we're north of Immokalee
Road, Palm River area. This -- this area was called the North
Livingston Road basin area.
About the same time as the flooding events occurred, the plans
for the Livingston Road to extend north of Immokalee up to Bonita
Beach Road were in the works, so we knew we needed to master plan
the area for stormwater management.
This map indicates the study area that we finally defined. The
red line shows the limits of the basin. That's a watershed area within a
larger Cocohatchee River basin. Everything's flowing north to south
in this area. Note the project location of this particular project with
the blue strip. It's a piece of our overall system.
So we began the water management study. The study was done
by Camp Dresser & McGee, our consultant, and we identified several
areas of problems and things that needed to be fixed up there.
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April 14, 2009
It took time to get to where we are today, but we've been carrying
out the plan, and we've completed four -- three projects, and this will
be the fourth project in the area. This is a large area. It's 4,000 acres
inside that red line, and actually at the top end of the blue line, the
north end of the blue line, drainage from approximately 1,300 acres of
land comes that way from the north to the south.
So zooming in on the location, the red projects are completed
projects, and the blue project is our subject project. This current
project, as well as the red projects that have been completed, are
designed to addressed water management concerns in this community
as well as the adjacent communities, as this is part of a regional
network of drainage facilities for the area.
I want to show you one more map. This is a piece of our
county's drainage map that's on our website. Again, I'm zeroing in to
the particular piece that's a subject property and just to show you the
network of the drainage in the area and how the water flows. At this
point it can go west out to the tidal areas of Wiggins Bay under U.S.
41. It can also go south and then west where it enters into Palm River
and then down into the Cocohatchee River. We'll zoom in a little
closer.
Our proj ect is going to be carried out within the highlighted area.
This area is a 50-foot drainage easement. It was created when the
development was platted in 1972. These are the old development
plans for the area. It's basically the same map there, but this shows the
detail of the -- what's planned for the 50-foot wide easement.
It's an old drawing, but it does show a pretty significant ditch in
the middle of the 50-foot-wide drainage easement, and it was referred
to as section BB, and those plans were more or less final and things
were built by 1979.
Today what we'd like to do in that 50-foot easement is rebuild the
drainage ditch. And this is our detail for rebuilding that ditch. There's
a lot of features here I'd like to point out fairly quickly. This detail
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was actually a result of looking at quite a few alternatives. We
worked with a lot of ideas there and decided that this was the best
configuration that we need to put in that area to reconstruct the ditch.
And we went through quite a process. We studied the area. We
met with the neighborhood on two open neighborhood meetings. We
did various wildlife survey of the area. We staked the area as part of
the public meeting process so that everybody could see the exact
location.
I want to point out on the -- to the left of this detail there's
planned to be a flat area, just a graded flat area where we're reinforce
under the ground so that it can be used to maintain the ditch. The
ditch there, the two square boxes are gabions. It's a rock-filled basket,
and what that does is it shores up the slope so that the slope will never
erode again. One of the problems out there is a pretty badly eroded
slope. These gabions are 3-foot by 3-foot, and that sets the limits of
the ditch, and the ditch will be 5 feet deep or 5 feet wide, and that's a
3-foot height on that gabion basket, and then that will allow us to cut
the slopes back in a nice gentle slope of three or four to one.
The other thing I want to point out on the right-hand side of this
slide is the landscape alternate that's in our plans. Because we have to
do a significant amount of clearing in this 55-foot drainage easement,
we have included this landscape hedge. It's a 5- foot native hedge. We
feel that we're putting it in -- it could be put in a good spot to allow us
to not interfere with any of our maintenance or any of our flow issues
that we might have.
And what I'd like to do now to clarify, I can show you some
photos of what this design looks like. The slide on the right is -- in the
neighborhood we built this design, and that's what it looks like. The
gray rocks are the gabion baskets, in the center is the channel. That
channel's a little bit wider. I believe it's 8 feet wide. In this case it
will be narrower,S feet wide. And what you're looking at there is the
flat graded area which is reinforced underneath, we sod over the top of
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April 14, 2009
it, and our trucks can go up and down through there for inspection,
spraying, whatever is needed, and it's working out fairly well.
The shot on the left is what existed there before. And for a lot of
the same reasons is -- we'd like to go forward with this proj ect. You
can see we were having trouble maintaining what was there and really
needed to be cleaned up. All those weeds present a lot of friction and
can slow the water down tremendously.
In these next few slides I'd like to show you what we've done in
other areas, all in that Palm River area. This is Cypress Way East
right where the drainage kind of turns into the Palm River. We're
looking west. The shot on the left is the before situation. And when
we got done, the shot on the right.
This is another area very close by. This was the degrading
culvert pipes under Cypressway East. They were rusted and the road
was collapsing. We took them out, and we replaced them with a one
single CON/SPAN culvert. And this is also one of the projects I
showed you on the other map in the red that we've completed.
And here's one more. This is the northernmost project. This is
the proj ect that goes in between Palm River and Imperial. Again, on
the left is the before. Very hard to even see the ditch. Completely
overgrown. We were unable to access this ditch for quite a few years,
so it got overgrown and the concern is with all that vegetation in the
water.
The ditch -- there was a fairly significant ditch there, but with all
that overgrowth, we worried that the water can't pass through there
when we need to pass it through. So on the right is what we
constructed, and we're very confident this will be a great facility for
our flood protection system.
So the next two slides show the subj ect ditch. The slide on the
left is the south end looking north, and the slide on the right is the
north end looking south. So with our improvements on both sides, this
is sort of the ditch in between that needs our attention today.
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April 14, 2009
And I want to give another -- two more looks at it. This is kind
of midway, and this is what really stepped up our desire to complete
this job. When we first started, we hadn't really walked every square
foot of the project, but when we got to this project kind of in the
center, when we went in between people's houses and really walked
around, we found areas of the bank that were shored up by sort of
makeshift retaining walls, and they're just on the verge of caving in.
And our experience is that this will cave in when water's rapidly
flowing, trying to get out through there in the rainy season. And when
that happens, a dam could form, and it could be a real problem for --
not so much the neighborhood right there because they're fairly okay
in their drainage situation, but the water would back up if the dam
formed there.
And the problem is is we can't immediately go in and take it out.
It's the worst time, so we have to let it play out until the storm
stopped, and even for the recovery period.
So this was of great concern and it really made us try to move
this proj ect forward more so than when we started.
Again, I'd like to say we worked with the community. We had
some issues. This project will impact the immediate community.
Talking approximately 40 homes; 20 on one side, 20 on the other. It
is currently a buffer between homes in the area.
We held two meetings. We held a third meeting, Commissioner
Halas did, with representatives of the community, went over all the
details again, tried to look at how -- what alternatives we could
incorporate into the proj ect. Residents expressed a lot of issues with
the project, and we've tried as best we could to address everybody's
Issues.
And again, the landscaping element I need to clarify. It's in the
bid, so we know exactly how much it will cost to add the landscaping,
and that's in response to try to restore some of the vegetation that will
have to be removed. It will be all the way at the property line, so it
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will be right there in between the two adjoining properties all the way
to the east side of the ditch.
And the way it's offered to you for your recommended (sic) for
approval would be that the homeowners, if they choose to have the
landscaping installed along their property, we have the unit price.
We can go forward with that, but it would be at the owner's
expense. And we have some prices, about what that would equate to
per owner. I believe it depends on the lot widths. The widths vary a
little bit. I think the prices are 600 to a thousand dollars would be the
cost to install that hedge along each property owner's. It varies. I
think there's four or five different widths of lots, but we have it all
worked out.
We've had a very hard time maintaining this stretch of ditch. It
was maintained last year twice on a six-month cycle, but very
difficult. In fact, in talking with the maintenance crews, they would
drag a hose in between houses to get to points, and they'd spray a little
bit in there. Hard to get debris out of there. In fact, at one point the
hose pumping the herbicide broke on a side yard and it spilled out into
the yard and it killed the lawn, so we had to replace the lawn. I just
bring that out as a point of -- another reason why we -- our -- if we can
get in to reconstruct the ditch from top to bottom, it will give us a way
to enter in at the bottom, drive along through, do what we have to do,
and drive out the north end and be gone.
And, again, there's the recommendation. So with that I'm ready
to hear questions and comments. Thank you.
CHAIRMAN FIALA: First I'm going to call on our speakers.
MS. FILSON: Okay. Ms. Chairman, I have six speakers. First
one is Bill Hunt, and then I have three speakers who want to yield to
another one, and I'll read their names off when that comes up. Is that
fine?
CHAIRMAN FIALA: Okay.
MS. FILSON: Mr. Hunt?
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April 14, 2009
MR. HUNT: I didn't expect to be the first one, but I do thank
you for the opportunity to speak to you. My name's Bill Hunt. And
by the way, I'm not an engineer and, Commissioner Coyle, I'm not an
attorney either.
COMMISSIONER COYLE: Good. We won't exclude you.
MR. HUNT: But once again, thanks for the opportunity. My
interest is as a property owner. I bought my property in '78, and I've
lived there ever since. What brought me to Palm River was the
natural appeal of the beauty of the community, the fact that it was
considered to be kind of a state-of-the-art community then. It had
underground utilities, lighted streets, nice streets, long setbacks from
the property. It was a nice piece of property, not gated, but nice, and a
good quality. And to this day a lot of those attributes still survive.
And my only concern is that we're going to make every effort we
can to preserve those attributes and not destroy some of the natural
beauty that we see in that buffer zone. And you know, I can
remember when that was just a ditch that was dry at the dry season,
you walk across it. And you could walk from my property line over to
Golden Gate Estates and not cross one asphalt path or see one
man-made structure.
So again, my main concern is that what we look at is using --
using the same spirit that government employees, when they request
that a private property owner try to retain the foliage that's on the
property when they develop it, replace it when it's appropriate. And,
you know, we're on the flip side of the coin now, and I'd just like to
see that that matter's attended to.
I'm not asking that the project be ended. We see the need for it.
And, again, just hoping that we'll see a practical application for our
interests. Thank you.
MS. FILSON: Okay. Ronnie Trifelos, George Trifelos, Gregory
Turner, all yielding their time to --
MR. TURNER: May I ask this? If Mr. McDonough, ifhe gets
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April 14, 2009
his ten minutes -- do you need more than your ten minutes? I would
like my three minutes then if he doesn't need my minutes out of his
ten. Last name is Turner. Ifhe doesn't need my three minutes, I'd like
to speak.
MS. FILSON: Oh.
CHAIRMAN FIALA: Sure. So you all --
MS. FILSON: Okay. Mr. McDonough.
CHAIRMAN FIALA: -- ceded your time to whom?
MR. TURNER: William McDonough, the -- pursuant to 6E,
public petitioner.
MS. FILSON: Yeah, Mr. McDonough.
CHAIRMAN FIALA: Okay, very good. And he will get 12
minutes. And what he doesn't use, then the Hunt (sic) can --
COMMISSIONER COYLE: Ten minutes.
MS. FILSON: Ten minutes.
CHAIRMAN FIALA: Well, he has three people yielding to him,
and he's also signed up?
MS. FILSON: Yes.
CHAIRMAN FIALA: So that's four. Three times four is 12.
Okay.
COMMISSIONER COYLE: He only needs ten minutes. He
said he only needs ten minutes.
CHAIRMAN FIALA: Okay. Come on up.
MR. McDONOUGH: I only need ten minutes.
CHAIRMAN FIALA: We don't want to waste your time.
MR. McDONOUGH: Can I stand over here next to the
proj ector?
CHAIRMAN FIALA: Sure, sure. And then ifhe -- and then you
still want to speak as well.
MR. TURNER: Yes. Ifhe needs my three minutes, I will yield
them.
MS. FILSON: So I'll put down as 12. What he doesn't use, I'll
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give to Mr. Hunt (sic).
CHAIRMAN FIALA: Sir, are you a registered lobbyist?
MR. McDONOUGH: No, ma'am. I'm just -- I'm an attorney
with the law office of J.F. Cook, PL.
COMMISSIONER HENNING: He's getting paid for this.
CHAIRMAN FIALA: Yes.
MR. KLATZKOW: I think afterwards we could have him
register with the clerk. We've done that in the past.
CHAIRMAN FIALA: Well, we'll need you to do that.
MR. McDONOUGH: Okay. That will be fine.
CHAIRMAN FIALA: Okay, thank you.
MR. McDONOUGH: First, thank you very much for this
opportunity to speak to you today. My name is William McDonough.
I am a real estate state attorney with the law office of JF Cook, PL.
Our office represents several property owners who will be affected by
the Palm River Estates unit number 5 north/south storm water
improvements project with project number 51031.
Our clients have very strong objections to this project and have
asked that we present these objections to you today.
But prior to -- and these objections will come within four
different categories. But prior to speaking about these objections, I'd
like to give the commissioners a petition objecting to this project
signed by 60 property owners within Palm River Estates and 20 of
which are property owners which are directly affected by the project.
The first of our category of objections is essentially that there are
many negatives to this project from property owner's standpoint. The
first is that it destroys the habitat that's on the property, including all
the trees, the shrubs, the birds, et cetera. And I have a picture, and I
think it reflects some of the pictures that were previously shown.
And I guess for the record I can just call this picture number one.
Essentially that's a -- this is the current condition of the property. As
you can see, there's a lot of vegetation, and if it's possible to take note
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of the gradual slope on the sides of the current condition of the
property .
The second picture I have is also probably another picture that
was shown earlier. It is the picture taken during the construction
phase of the project directly -- located directly to the south of the
subject project. It essentially includes the clearing of all of the
vegetation as well as the gabion baskets, which we'll discuss in a little
bit.
So essentially -- essentially what this project does is not only
destroy the habitat, but it decreases the privacy and security that are
afforded by the current condition of the property. With regard to the
privacy, as you saw, you know, it will require the removal of a lot of
vegetation, some 20, 30 feet tall. There's pine trees, there's palm trees.
There's a lot of it there, which creates a solid buffer between the
homes within Palm River Estates and the homes within Quail
Crossing.
The next is, it decreases the current level of security that's
provided by the condition of the easement. And with security I'd like
to show the -- I guess this is a -- an illustration of the project, and I
guess we saw this earlier. It requires a 12-foot -- excuse me -- a
16- foot stabilized surface which is essentially going to be a sodded
roadway, as well as the installation of these gabion baskets.
Now, the issue with the roadway is that -- well, the association,
Palm River Estates, is not a gated community, which means that
anybody who is driving along Immokalee, if they had the intention,
could drive from Immokalee through the community and enter onto
this roadway with the intention of maybe, you know, stealing
something from any of these homes. They can pull up right behind
the homes, and the homeowners have a significant problem with the
security issue.
The next and probably the most important of the -- within this
category of negatives to the project is that it creates a hazard on the
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property. I guess it's important to note that this easement is not
located in any agricultural land or industrial land. It's actually located
between 40 -- behind 40 residential homes. And what do have you
within residential homes? You have children, visiting grandchildren.
And as we know previously there was -- and currently, there is a
gradual slope in the easement. And now, with the installation of these
gabion baskets -- and it's difficult to tell from this -- thank you. It's
difficult to tell from this photo, but that's actually a 3- foot drop, and
it's a hard fall for a child.
I was out there on Saturday, and looking at it. And on the one
hand, it is a hard fall, and the second, it may be near impossible, once
they have fallen in, to climb out of that canal because it's -- you know,
it's a vertical -- it's going to be a vertical drop. So, you know, we
contend that this certainly creates a hazard on the property.
The last of the negative attributes to this proj ect is -- and it
actually includes all of the previous negatives, destroying the habitat,
decreasing the privacy, decreasing the security, and creating a hazard,
it will certainly, most certainly, decrease the property values of the
homes for which the easement is located on.
The next category of objections is that there's really no
reasonable necessity or imminent necessity for the project. The
current drainage was designed for a category five hurricane's capacity
and works and has worked without significant problems for the last,
you know, approximately 35 years.
And our engineering -- in our engineer's opinion -- I can give this
to you -- I seem to have misplace it; however, it was done by Gregg
Jeppesen with Jeppesen Engineering Corp, and he essentially said that
this new proj ect will result in a 10 percent decrease in the water
conveyance capacity of the easement -- excuse me -- of the canal.
Also, in a meeting last Thursday with stormwater management
staff they were kind enough to hold with us, we essentially conceded
that if current drainage is properly maintained, it will provide adequate
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drainage.
The third category of objections is that it would certainly cost a
lot of public funds at a time when the county budget is very tight. So
we would like to be able to, you know, talk about that a little bit more
in a further meeting, which I'll request later on in this speech.
The fourth category of objections is essentially legal arguments.
We contend that this project exceeds the scope of the intensity of use
that was contemplated of the parties during the creation of the
easement in 1972. Pursuant to this, we have a letter drafted by Bob
Forsythe, who was the architect on the project during the 1970s.
And if I can -- I guess I can show you the top portion of that
letter with the letterhead. And also, if you -- if you'll go to Page 2, it
essentially says that from our initial concept in part of Palm River, we
agreed that we would provide an easement for drainage. But we also
envisioned it as part of the natural landscaping.
To me, the vegetation behind his house today is not only
beautiful but much like we hoped it would be. It also provides privacy
from the houses to the east. From his picture the ditch looks to me
like it is still capable of handling a lot of water.
Okay. The second argument we would have is that if the
stormwater management section insists on proceeding with this
project, it may constitute a taking under the Florida -- under the
Florida constitution. And if it does, then that would require the
payment of full compensation, and full compensation in Florida
includes not only the actual value of the property taken, but also it
includes the depreciation of the portion of the property that remains.
So this could be very expensive.
The fourth legal argument that we have is essentially, we don't
have -- we're not convinced that the county has the necessary permits
to perform this project, because I guess it was demonstrated to the Big
Cypress Basin/South Florida Water Management District, that this is
essentially a maintenance project; however, the project requires the
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installation of this stabilized surface as well as these gabion baskets.
And we do contend that this is a construction project, although
the end result may be better maintenance. The current project is a
construction proj ect.
Now, essentially we can -- you know, the county owners are very
upset and they -- we can afford to be -- I guess it's possible for us to be
very pugilistic at this point in time; however, that is certainly not our
primary goal. We want to establish our position so that we can ask the
commissioners to essentially allow us to further conversations with the
stormwater management section so that we can come up with an
alternative strategy, find a middle ground, and allow everybody to
have their concerns satisfied.
The stormwater management section wants to have proper access
to the easements and the storm -- the property owners are very
concerned about the maintaining of the habitat as well as the
maintaining of the property values.
We do believe that it's possible to find a middle ground, however,
we have -- we just need more time. Essentially what we need is 60 to
90 days to continue conversations with the stormwater management
section so that we can come -- you know, have some very constructive
conversations. And we'd also like to ask the commissioners to really
ask the -- direct the staff to have these real conversations with us and
allow us to find better alternatives to suit everybody's concerns.
So in conclusion and for the reasons we've articulated, we request
that you disapprove this agenda item or, alternatively, and at a
minimum, table this agenda item for 60 to 90 days, which will allow
our clients to continue to work with the storm water management
section to come up with an alternative proj ect design that will achieve
the desired result from a stormwater management standpoint and to
prevent the destruction of the natural habitat currently existing on the
property, as well as prevent a significant decrease in our clients'
property values.
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April 14, 2009
Thank you very much for your time. I certainly appreciate the
day.
MS. FILSON: There's 21 seconds left out of his 12 minutes.
CHAIRMAN FIALA: But he used 12 minutes so there's -- and
he asked for four people, right?
MS. FILSON: Yes.
CHAIRMAN FIALA: So we still have enough time for this
gentleman.
MS. FILSON: And then I have an additional speaker.
CHAIRMAN FIALA: Oh, besides this gentleman?
MS. FILSON: Yes.
CHAIRMAN FIALA: Oh. Would you like the 21 seconds?
MR. TURNER: I don't know if there's much I can say in 21
seconds. I would need at least a minute or so.
COMMISSIONER COLETTA: He just said it.
COMMISSIONER HALAS: Did he sign up before it was
started?
MS. FILSON: Yes.
COMMISSIONER HALAS: How about the other one, the last
one?
MS. FILSON: The last one, yes, he signed up ahead of time.
Glenn Stevens.
MR. STEVENS: I'll try to be brief. And if there's any time left
over, could I give it to my neighbor? My name is Glenn Stevens. I'm
a resident of Palm River Estates. I do not live in the property area that
we're talking about in this presentation today. I live across the street.
I'm a member of the board of the Palm River Association,
although today I'm speaking independently; however, I've followed
this issue since its inception, and so I feel rather well informed but
also very strongly about the rationale for taking a different course.
My feeling is that we need to look for some kind of compromise,
one that will meet the needs and interests of the county quite clearly,
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and more importantly, from our perspective, the needs and interests of
the property owners.
No one is questioning the motives and the work of the water
management folks. They're a fine professional staff and they're doing
their job; however, it is the contention of the property owners that the
scope of the proposed project is excessive and will have a significant
negative impact on their property values, as has already been alluded
to.
Moreover, the project as currently designed will fundamentally
and permanently alter the landscape in this particular area. One might
also argue that the ecological impact, even though some work has
been done on that, could be also significant.
According to the best available evidence, there has never been
any flooding in this area. You've heard that testified by Bill Hunt, who
has lived in the area for some 30 years. Water flow does not seem to
be a problem. Could it be? Yes, that's possible. But at present, this is
not an issue.
Consider also that the original intent, as you just heard, when this
property was developed, the whole plat was developed, was to create a
natural buffer in the area. If that wasn't a matter of record as testified
to by the architect, the original architect, one could say that that's just
another easement and the county can do what it wants to with that
easement; however, we do have a different history and this has -- this
condition has existed for well over 30 years. Now, to, in one fell
sweep (sic), to simply radically alter this area, we think, would be
unjustified.
In short, we really feel that the intent of the original developers
and the value of using this easement as a natural buffer had value then
and is just as relevant today.
The action that we are suggesting is to postpone the project with
an expectation that the county officials and the property owners could
come back with a plan which does more effectively meet the interests
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of both parties, one which is much smaller, safer, less intrusive, and
hopefully far less costly.
Thank you very much.
CHAIRMAN FIALA: Thank you, Mr. Stevens.
MS. FILSON: That was your final speaker.
CHAIRMAN FIALA: Thank you very much.
MR. TURNER: May I have my 20 seconds just to put --
CHAIRMAN FIALA: Take your 20 seconds.
MR. TURNER: Twenty seconds. My name's Gregory Turner,
for the record. And I just want to bring to light the letter that we
received from the county at the start of this project, and I only want to
quote one section of it, and it says, the proposed design will be
presented to the owners during a future scheduled meeting to seek
their support of the project.
Should the majority of the owners not support the project, the
budgeted stormwater improvements will not be constructed and the
funds will be redirected to other stormwater projects.
What happened? That's all I want to know. What happened?
CHAIRMAN FIALA: Thank you.
MR. KURTZ: Could I answer that?
CHAIRMAN FIALA: Yes.
MR. KURTZ: That letter was our first notification to the
neighborhood. It was a letter sent out basically saying what we --
we've been working in the area. We would like to come into this area
now to begin our valuation and study. And honestly, when we sent the
letter, we had no idea the condition that the ditch was in. We hadn't
walked the whole ditch and surveyed it and studied it.
So we were real optimistic that we were entering into a proj ect
that could be optional, and that was in September. That was before all
the public meetings, before our survey, before any of our evaluations
really began beyond what had previously been done in the watershed
study. So what we saw made us change our opinion fairly quick and
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we brought it to light in the first public meeting and the second public
meeting. So that -- that's the answer there.
If I could take just another minute. I'd like to -- this project is
unique in that it impacts the neighborhoods, the affected people, 40
people, 40 homesites, but it's -- it has the characteristic of regional
drainage coming through the neighborhood. There's a whole bunch of
affected people to the north. It's a regional draining system in a
neighborhood.
It's not totally unique to Collier County, but that's what we're
dealing with here. We need to understand that if we don't come in and
make this improvement, we need to notify people to the north that
there's one segment that we weren't able to improve and hope for the
best when the storm season comes.
And the other thing is, the -- I didn't zoom in on the original 1979
development drawing. It showed a ditch with 10- foot bottom width
with very steep side slopes, and if you did the math and surveying, it
would impact 35 feet of area in ditch alone.
Our ditch proposed, because of the gabion baskets, it constrained
and making the best possible use of a smaller area, just what we need
to convey the water that we need to provide the flood protection for a
large area.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: I understand the concerns that the
families have there that live there and -- but I have to look at the
project overall, the benefit of everyone up in this neck of the woods.
This drainage area's all the way from Lee County south into the
Cocohatchee River, actually into the Immokalee Canal, and et cetera.
I was quite taken by the fact that when we started looking at this
project, I was asked to go for a walk through this area after it had been
staked out.
One comment that was made -- and I want to get that on the
record at the point in time -- is that the attorney that's representing
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these homeowners said that there is a taking of land. Is that true? Are
we exceeding the easement that is considered county property?
MR. KLATZKOW: Commissioner, I directed Heidi Ashton to
double-check that we're okay on this. We're going to assume that we
are. If for some reason we are not okay, we'll let you know. But we
will be checking this out as soon as this meeting is over.
COMMISSIONER HALAS: Okay. Because I have concerns if
we're taking property on there, if there was an easement --
MR. KLATZKOW: We're not going to go beyond our easement
rights without it going back to the board.
COMMISSIONER HALAS: Okay. The -- when I -- so I'll go
back to where I was when the stormwater group had asked me to walk
that whole canal.
I was quite surprised of the -- what's laying in the bottom of what
is there at the present time. There are trees, there are branches that are
down that are obstructing the water flow -- if you could bring that one
picture up -- and there was a couple of locations on the bank where we
-- that the neighborhood has tried to shore up. And if you look at the
-- what we presently have there -- keep backing up, go forward. There
it is right here.
If you look at the collapsing -- where it says collapsing retaining
wall, I believe there is another section of this canal that also is -- has
the same problem, and there was a concern about young children that
could fall into this updated canal. If you look at where we're at here, I
would not only fear about the collapse of this thing if we have a storm
event, but I would be concerned about a child playing along the edge
here.
I think what we have in mind is that we want to construct a slope,
a three- to-one slope, which, it will end up being a lawn. There is the
possibility of the neighborhoods, if they'd like, they can -- we have
shrubbery planted on both sides. And then it will be left up to them to
take care of that.
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April 14, 2009
Right now what we have here is a situation that if we do have a
heavy rain event, you can see that the shoring up that neighbors have
tried to do in this drainage ditch, I've got real concerns about that, and
damming up this particular ditch which then has an effect that's north
of this.
And I understand the concerns about back in 1972, but we've had
a huge amount of growth take place up in the North Naples area
whereby we had a lot of area that is now an area where we can't
absorb a lot of water, and so it's become impervious, especially with
all the homes and commercial that's been built up in that area and also
the road network.
So there's a lot that -- when you look at the big picture, we really
need to address this issue. And if -- what stormwater has brought forth
that this is the last of trying to complete a co-complete drainage
system.
And Commissioner Fiala, I think you realize the problems that
you have in the LASIP area.
CHAIRMAN FIALA: Yes.
COMMISSIONER HALAS: And we've had issues with the
neighbors down there the same as we have with the issues here up in
North Naples.
But the overall effect that the reason that nothing has been done
for 35 years is that we had no stormwater authority. And starting
about 2004, we were able to institute a stormwater authority, and we
need to make sure that we don't have any flooding issues.
And I believe that there were some flooding issues up in the
North Naples area above the Palm River area where there were some
areas that were flooded out, and maybe staff can give me -- update me
on that if I'm incorrect on that.
MR. KURTZ: Imperial -- Imperial Golf Estates, which is the
community just north of Palm River, tremendous flooding issues up
there. You've got water coming down from, as you said, Lee County,
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the Mediterra development. If you just follow this subject ditch due
north, it just goes into a more larger ditch system for quite a distance,
and in some points water sheet flows into this ditch, so -- and then the
big storm events, when the ground is saturated -- takes a while for the
ground to get saturated, but once it gets saturated, it starts flowing at a
pretty good clip.
COMMISSIONER HALAS: Okay.
CHAIRMAN FIALA: Yes, Commissioner Halas. In response to
what you had just mentioned about our Lely Area Stormwater
Improvement Project, one of the things that we had to do, probably
more extensive than you guys will have to ever deal with, but in the
Queens Park Community -- I don't know how many homes were
affected there, maybe 60. I can't tell you how many.
Anyway, they had an 80- foot easement on their property, not
50-foot, 80-foot easement. But they'd lived there 20 years. Nobody
ever thought -- they'd planted all kinds of gorgeous trees and they had
little structures built and, you know, and outdoor barbecues and
everything, and our people then said, we need to do a stormwater
improvement proj ect in this area, and we're going to come within 10
feet of your back porch and -- because we already -- we have the right
to -- now, these people bought those 80 feet, but we had an easement
on them. They all knew it, by the way. And they just -- it was just -- it
was a devastating blow for them, at the same time they were saying,
well, we never flooded, but everybody upstream did flood.
And it was a tremendous process and painful to put the thing in.
By the way, nobody's property values dropped. And they took a real
positive attitude on it. They've now got -- they've got waterfront
property instead, and that's what's happened. It wasn't shaped the
same way as this because it's a much larger project.
But I know what you're talking about, and it was tough for them
too, but at the same time it affected a lot more people than just them.
And they've -- and they were concerned about security, that was
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a big thing, and privacy. It just opened them up to everything, and
they were across from -- oh, across from some low-income housing
and some mobile homes and things like that, and they were very
concerned.
But what they did was they've planted trees on their property.
They can't plant on the county's maintenance roads and so forth, but
they've put some things together that shielded them and protected
them and actually, other than things that we've had to do to finish the
neighborhood off, I haven't had any problems with it now that it's
done.
Commissioner Henning?
COMMISSIONER HENNING: I know that we have an airport
authority, I know that we have a housing authority. Who's this
stormwater authority Commissioner Halas was mentioning?
COMMISSIONER HALAS: Well, stormwater -- we have a
stormwater authority that I think we put together or a stormwater
group to address the issues that we've had for 35 years.
CHAIRMAN FIALA: Stormwater management maybe?
COMMISSIONER HALAS: Yes, yes.
COMMISSIONER HENNING: You mean the stormwater
management department?
COMMISSIONER HALAS: Stormwater management
department, yep.
COMMISSIONER HENNING: I just didn't know if something
-- I missed a meeting.
CHAIRMAN FIALA: We didn't want you to know about this.
COMMISSIONER HALAS: Yeah, there was a secret meeting.
COMMISSIONER HENNING: Just like supporting or making
legislation in Tallahassee, you know. I didn't know anything about
that, but I know others did.
Commissioner Halas, this is your district, you know it, you
walked it.
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April 14, 2009
COMMISSIONER HALAS: Yep.
COMMISSIONER HENNING: What is your recommendation?
COMMISSIONER HALAS: My recommendation is to make a
motion to move forward on this project to get it addressed.
COMMISSIONER HENNING: I'll second it. But one of the
things I think is a pretty simple thing to address, one of the concerns
was about vehicular traffic. And is there a possibility to put a fence on
the ends to prohibit that, or would you want to include that in your
motion?
COMMISSIONER HALAS: Yeah, and put fences on both ends
with a gate so that you can get to it. I think there's a -- at the end of
that one road where you showed the improvements that you made, I
believe that area you can put some kind of a -- an obstruction so that
nobody can get there, and then you've got access to it when you need
to get to maintenance.
MR. KURTZ: Yes, we can do that.
COMMISSIONER HALAS: The other concern is to make sure
that -- the county attorney has already addressed that -- and that is that
we're not impeding or going on someone else's property and making
sure that it's within the 50-foot easement and that we're not -- we don't
need to take additional property, okay.
COMMISSIONER HENNING: Well, I think, Commissioner
Halas, the concern was -- somebody stated about taking and stuff like
that, so I think -- I don't know if it's in part of your motion, is to --
COMMISSIONER HALAS: I just addressed that, the taking of
property. I think it's all within the easement and that -- the county
attorney said that he would address that.
MR. KLATZKOW: We will verify that the project is within the
parameters of the easement.
COMMISSIONER HALAS: Yep.
COMMISSIONER HENNING: Okay.
COMMISSIONER HALAS: Exactly.
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April 14, 2009
CHAIRMAN FIALA: And not go anything beyond that?
MR. KLATZKOW: And ifit is, we'll come back to the board.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second.
Commissioner Coyle?
COMMISSIONER COYLE: Just a question. You know, I
noticed on some pictures of some of our previous construction
proj ects, we tended to go in and just destroy all vegetation and then
plant grass instead. I believe there are ways of getting this done
without destroying all the vegetation and taking out all the trees. You
should be able to work around a lot of this stuff so that you can retain
some of the mature growth.
F or example, that palm tree on the right side of that right picture,
there shouldn't be a reason you can't work around that palm tree, and I
bet there are hundreds of others that are exactly the same way. There's
no need to take a bulldozer in there and just clear everything out.
MR. KURTZ: I understand, Commissioner. One of the issues
with water management, and we kind of follow the lead with the
South Florida Water Management District who operates the bigger
canals, is the vegetation going from the canal bank, it certainly makes
the system more aesthetically pleasing and more compatible with the
neighborhood.
But during a storm event and as a result of a storm event, those
trees, since they're in the bank or close to the bank where it's nice and
soggy, and depending on the tree, they have a tendency to topple in
the bank exactly at the wrong time.
And when one topples in and another topples in, and before you
know it, right in the middle of the big rain event, you've got all these
toppled trees in the canal, and we don't -- we don't take any pleasure in
clearing these easements, but I know the water management district
takes a lot of heat for going out into a perfectly good-looking canal,
and when they find out that not all of their 100 feet or 80 feet is clear
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of trees, they'll go in and clear it, and that's a lesson that we learned
from Hurricane Andrew on the east coast. They had a lot of trees
along their canal banks, and they all blew in, and the recovery from
the storm was much, much longer as a result of that.
So I understand the issue completely, but it's considered best
management practices to have these easements almost all clear of
vegetation, especially the tall stuff. The smaller hedges like the one
we're offering, that works okay and that's kind of a compromise. But
the tall stuff, even the small trees that normally would withstand a
good blow, if you get a tornado as an offshoot of a hurricane,
sometimes even the strong ones can topple in there and we can't get in
there and get it out right away.
So it's more of a good practice of maintaining -- and we're talking
about the big systems here. And this is -- this is considered the
secondary system, only, you know, one level down from the primary,
so we have to treat this with specific care.
COMMISSIONER HALAS: The other thing I'd like to
comment, Commissioner Coy Ie, I understand where you're coming
from because, believe me, I've lost sleep over this trying to figure out
the best way to approach this, but if you walk down there, you'll find
that the bottom of this undulates because of the fact that this hasn't
been cleaned out for years.
And also, there's been some huge erosion that's taken place
because this stream hasn't been really directed. It's just kind of been
meandering around.
So we've looked at all aspects of this thing, and I think that the
end result will be that when we get this done, I don't believe it's going
to be that kind of an eyesore. In fact, I think it's going to benefit the
neighborhood overall. Right now they don't see that, but I -- as
Commissioner Fiala said, that once they got the stormwater drainage
established in her community there of Queens, that there's not that
much opposition and I believe that the -- I think the big result is that
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April 14, 2009
there is going to be some people here that, once we get this established
and the roadway is in, some people are going to benefit from
additional access to property.
MR. KURTZ: One more point, Commissioner Halas, is we've
looked at how we could do the work in there, and because the ditch
kind of wavers around in the easement a little bit, there's no way to do
what we need to do without impacting most all of the trees just by the
nature of how it is and what we want to do.
CHAIRMAN FIALA: Okay. We have a motion on the floor and
a second.
Y .?
es, SIr.
MR. KLATZKOW: And just for clarity, because I had some--
Jeff Wright questioned me on the motion. I take it we're -- the motion
includes staff recommendations, that we're awarding the bid and
authorizing the chair to submit -- to sign the contracts and providing
the necessary budget amendments?
CHAIRMAN FIALA: Yes.
COMMISSIONER HALAS: The motion was to move this
forward, yes, this proj ect forward.
MR. KLATZKOW: With staffs recommendations?
COMMISSIONER HALAS: With staffs recommendations,
correct, okay.
CHAIRMAN FIALA: And that was also in the second?
COMMISSIONER HENNING: Yeah.
MS. FILSON: Yeah, but there's changes.
COMMISSIONER HENNING: Thanks, Jeff.
CHAIRMAN FIALA: Okay. All those in favor, signify by
saYIng aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
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April 14, 2009
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: That's a 5-0. I know it's a tough thing,
but, man, it's -- anyway. It's for the goodness of the whole system.
MR.OCHS: Commissioner, that takes us to 10 --
CHAIRMAN FIALA: You know what, Leo? We're going to
take a ten-minute break and give our court reporter a little bit of time
to, you know, work her fingers. Thank you.
MR.OCHS: Excellent idea.
(A brief recess was had.)
CHAIRMAN FIALA: We will resume our meeting now after
our break. And that brings us to item number?
Item #10E
APPROVAL OF THE REPORT AND RECOMMENDATIONS OF
THE PRODUCTIVITY COMMITTEE RELATING TO THEIR
STUDY AND EVALUATION OF THE METHODOLOGY,
REASONABLENESS, AND COMPETITIVENESS OF THE
INVOICES RECEIVED FROM THE CLERK - MOTION FOR
STAFF TO APPROACH THE CLERK WITH INTERLOCAL
SERVICE AGREEMENTS FOR THE SEVEN
RECOMMENDATIONS OF SERVICES AND TO BRING BACK
TO THE BCC AT THE FIRST MEETING IN MAY AND AT
THAT TIME MAKE THE DECISION TO TAKE QUESTIONS TO
THE ATTORNEY GENERAL (IF NECESSARY) - APPROVED
MR. OCHS: That would be Item 10E, ma'am.
CHAIRMAN FIALA: Thank you.
MR. OCHS: 10E is a recommendation to approve the report and
recommendations of the Productivity Committee relating to their
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study and evaluation of the methodology, reasonableness, and
competitiveness of the invoices received from the clerk.
This was a report from your Productivity Committee to the
board. Mr. Harrison, who is the chair of that subcommittee, is not
able to be here today, and Ms. Len Price is going to present the item to
the board.
MS. PRICE: Good afternoon, Commissioners. For the record,
Len Price, administrator for administrative services.
I think the report before you is pretty much self-explanatory. I
was there in all the committee meetings. So if you have some
questions, I could attempt to answer them for you.
More importantly, I'm here to accept your direction for, you
know, for moving forward and answer any questions you might have
how we might implement those directions.
CHAIRMAN FIALA: Thank you.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I like the thoughts which
is going forward here; however, I do have concerns where it starts off
in the summary agenda on Page 2. It says, clarification is needed to
confirm that these services are falling outside of the -- falling outside
of the clerk's statutorily authority to determine items now performed
by the clerk that might be performed by the BCC or a third party . You
know, it's less than clear. In other words, there's all sorts of doubt
what we could do.
My suggestion would be, maybe ask the county attorney about
getting a determination from the attorney general.
COMMISSIONER HENNING: I'll second that.
COMMISSIONER COLETTA: Well, I'd like to hear from the
county attorney, and then I'd be happy to make it into a motion, to be
able to make sure -- we don't want to start across -- chasing the smoke
across the meadow, wasting a lot of time. We want to make sure that
we have firm grounds to be able to move on as we go forward with
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this.
MR. KLATZKOW: Yeah, that would be fine. What I -- what I'll
do then, after the board's discussion, if this is the way you want to go,
come back to the board with a list of proposed questions for the
attorney general and have the board approve those questions, and then
we can get them up there for a possible response.
COMMISSIONER COLETTA: And I'll make a motion to that
effect.
COMMISSIONER HENNING: I'll second.
CHAIRMAN FIALA: Okay. Now, we still have a couple
speakers.
COMMISSIONER COYLE: Okay.
CHAIRMAN FIALA: Do you mind waiting your turn?
COMMISSIONER COYLE: I'll wait. I'll try to contain myself.
CHAIRMAN FIALA: Okay, good.
Commissioner Henning?
COMMISSIONER HENNING: My turn?
CHAIRMAN FIALA: Yes.
COMMISSIONER COYLE: You can't make me wait long
though.
COMMISSIONER HENNING: Well, this whole thing was on
here about, you know, the clerk's bill to the Board of County
Commissioners, is it reasonable or whatever, and we never really got
an answer from the discussion. So I'm -- I want to make a motion to
pay the clerk's bill.
CHAIRMAN FIALA: We have one motion on the floor. Can
you make two motions at the same time without voting on one?
MR. KLATZKOW: I think it would be nice to do them
sequentially.
CHAIRMAN FIALA: Can you --
COMMISSIONER HENNING: Wait?
CHAIRMAN FIALA: Yes.
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April 14, 2009
COMMISSIONER HENNING: Sure, I'll wait.
CHAIRMAN FIALA: Okay. Is there anything else you wanted
to say?
COMMISSIONER HENNING: No. I think Commissioner
Coletta's proposal is good.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER HALAS: Yes.
COMMISSIONER COYLE: Okay. The proposal is good as far
as it goes, but there are seven recommendations here by the
Productivity Committee. You know, they all need action.
So what I would encourage the board to do is to look at those
seven recommendations on Page 5 of 8 and Page 6 of 8 and decide
which one of those you would like to do.
I think that entering into an interlocal services agreement
precisely defining the services to be performed is an excellent idea. I
would like to endorse that. And I would like to -- I would like to
accept -- you know, I would recommend that we at least have a
motion that would accept the report from the Productivity Committee
and then provide direction to staff to begin working on those
recommendations that we could agree to.
And if you don't mind, Madam Chair, I'll go down them one at a
time. And I would like to direct the staff to work with the clerk to
review and enter into separate interlocal services agreements precisely
defining the service to be performed in the four areas that are
identified. They are general accounting reporting services, accounts
payable pre-audit services, contract auditing services, and MIS
services. And we recommend that arguments -- agreements be
targeted for completion no later than June 30, 2009.
That is a good way of making sure that we understand what the
clerk is doing for us and how much he's going to charge us, and he
understands what he's doing for us, and then it removes any arguments
about whether or not we should pay for an invoice.
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April 14, 2009
We should also consider item number 2, which would consider
the potential for reducing the cost of verbatim transaction (sic) of
official records, although I hate to -- hate to see that happen, but
nevertheless. They've made the recommendation. We should take a
look at it.
We should ask the staff to review with the clerk's staff the
processes for accounts payable vouchering -- vouching and payroll
processing and reporting. We might find that we can get payroll
processing and reporting done more cheaply through a third party. So
we should direct staff to look into that.
They are saying investment management services should be
controlled by the BCC and provided by a vendor of its choosing.
COMMISSIONER HALAS: Yes.
COMMISSIONER COYLE: I agree with that, and I would
suggest that the county attorney and the staff determine, number one,
if we can do that legally. And if we can, then let's do it and get bids
on how much it's going to cost and see if we can save some money.
And they're also recommending that the BCC should make
regular payments for service provided under the agreements to the
clerk, and I see nothing wrong with that. If we negotiate an agreement
with the clerk, it ought to provide for payment provisions and we
ought to pay it promptly.
And then also, conversely, the clerk should remit interest
received from BCC funds to the BCC on a regular basis. It shouldn't
be held until the end of the year and then dropped on us. We should
get those interest refunds on a regular basis, and that should be part of
our agreement.
And -- and secondly -- and then lastly, the reporting of the clerk's
expenses and reimbursements should be separated from reporting the
interest income and fees. That would -- that would permit us to more
easily understand whether or not some of our money is going to
support court functions or things that are not necessarily directly
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related to the Board of County Commissioners.
So I support Commissioner Coletta's recommendation, but I
would ask that it be expanded to include all seven of these items.
COMMISSIONER COLETTA: If I may, sir. I think these are
all wonderful suggestions, but until we know where we stand legally,
we have no bargaining powers at all with the clerk.
COMMISSIONER COYLE: Well, that's what I'm saying
though. You directed -- I mean, you suggested that we direct the
county attorney to take a look at the legality of certain things, but we
didn't specify exactly what things. So what I'm doing is taking your
motion and saying, look at the legality of all these things --
COMMISSIONER COLETTA: But asking the attorney general
to rule on it?
COMMISSIONER COYLE: Yeah, if it's necessary to ask the
attorney general, certainly.
COMMISSIONER COLETTA: If they could do these particular
things, and go down the whole list and be able to understand where
we're going. I would -- Mr. Klatzkow?
MR. KLATZKOW: One approach to take would be to direct
staff to enter into negotiations with an interlocal with the clerk.
COMMISSIONER COYLE: Yes.
MR. KLATZKOW: The clerk may say, this is nonnegotiable
because this is inherent of my duties --
COMMISSIONER COYLE: Yes.
MR. KLATZKOW: -- in which case that could be a question for
the attorney general, or the clerk can say, well, we can talk about this.
This is my offer to you, and the board can be happy with that and the
issue's off the table.
So I think the first thing probably we can do is sit down and
actually talk to the clerk about these things. We may not have a
dispute with the clerk on any of this. I don't know.
COMMISSIONER COYLE: Yeah. Well, that's exactly right, so
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April 14, 2009
-- but if -- what you're saying is, if you have a dispute, we need to go
to try to get an attorney general opinion.
MR. KLATZKOW: That's right.
COMMISSIONER COYLE: As we know in the past, attorney
general opinions have not been acceptable to either us or the clerk in
some of our past disputes, so we wind up going to court. But an
attorney general decision is not definitive in many cases.
MR. KLA TZKOW: It's nonbinding unless the clerk is willing to
go with us to the attorney general and ask for an opinion, in which
case it would be binding on the both of us for that particular issue.
COMMISSIONER COYLE: Okay, all right. That's all I'm
trying to do is to try to find a way to determine, as you have said, what
we can legally do but secondly determine what makes sense, because
there might be things that we can legally do but we can't get the
services done cheaper somewhere else. We need to have the clerk
continue doing them.
COMMISSIONER COLETTA: That's correct.
COMMISSIONER COYLE: Okay.
COMMISSIONER COLETTA: You're on target. But let's go
back and take a look at this. At the rate -- why don't we direct the
county attorney to go ahead and offer the clerk the ability to come and
join with us in this inquiry that we're going to make to the attorney
general, and if he does not respond in a reasonable point in time or
responds no, then we do it on our own.
MR. KLATZKOW: We can do that. What I'm asking is, do you
want staff to first approach the clerk and see if you can negotiate
something first?
COMMISSIONER COLETTA: I wouldn't have any problem
with that, but I just don't want to have this drag out past --
MR. KLATZKOW: We'll come right -- I'm sure we'll get a very
quick answer one way or the other, but we'll come back to the board
quickly on this.
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April 14, 2009
COMMISSIONER COLETTA: Well, I amend my motion to
include that.
COMMISSIONER HENNING: Second.
CHAIRMAN FIALA: Okay. So that's amended and second --
seconded.
Is there any question in anybody's mind what the motion is?
MS. FILSON: I didn't hear who did the second.
CHAIRMAN FIALA: Commissioner Henning. Oh, I'm sorry.
Commissioner Henning.
Okay. Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER HENNING: Aye.
MR. OCHS: Ma'am, excuse me. Do we have speakers on this or
no?
MS. FILSON: No.
MR.OCHS: No speakers?
CHAIRMAN FIALA: I'm sorry.
MR. OCHS: Could we restate the motion one more time?
CHAIRMAN FIALA: Sure, go ahead. Can we restate the
motion?
COMMISSIONER COLETTA: Yeah. I'll let the county
attorney take it.
MR. KLATZKOW: My understanding of the motion is that
staffs going to approach the clerk, staffs going to discuss with the
clerk these seven issues, attempt to enter into an interlocal agreement
to bring back to the Board of County Commissioners, and if the clerk
-- depending upon negotiations and depending upon the clerk's
positions, we may be coming back to the Board of County
Commissioners with certain questions to be answered by the attorney
general.
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April 14, 2009
If that's the case, we'll ask the clerk whether or not he'd be
willing to join in on the question so as to avoid a lawsuit where we
would just put the issue to the attorney general.
COMMISSIONER COLETTA: What about a time frame on
this?
MR. KLATZKOW: We're going to be approaching the clerk this
week, sir.
COMMISSIONER COLETTA: So this would be to have
something before this commission by the meeting of April 24th?
MR. KLATZKOW: I don't know if we can be that fast but, you
know, we can get you the first meeting of May, I think, clearly.
COMMISSIONER COLETTA: I don't know what's realistic. I
just don't want this dragging out past our budget year when we have to
make all sorts of determinations of what we're going to do.
MR. KLATZKOW: I think the first week in May should do it for
you, SIr.
CHAIRMAN FIALA: Will that be acceptable to you, the motion
maker, first meeting in May?
COMMISSIONER COLETTA: Okay, first meeting in May.
CHAIRMAN FIALA: And will that --
MR. OCHS: Ma'am.
CHAIRMAN FIALA: Yes, sir?
MR. OCHS: What is it that you would like us to come back with
you for in the first meeting in May? Just an indication of whether the
clerk is willing to enter into negotiations?
COMMISSIONER COLETTA: Mostly would be Jeff Klatzkow,
our county attorney, to be able to meet with the clerk to see if there's
an interlocal agreement to be able to take place, if so, we'll go in that
particular direction.
MR. OCHS: Okay.
COMMISSIONER COLETTA: If that's not doable, at that point
in time he's going to invite him to join with us in an inquiry to the
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attorney general. And if that doesn't work, then he'll come back and
offer to us that we can go directly to the attorney general and prepare a
Chinese menu of questions that we can ask to see if we can get the
answers and direction to go with. Does that pretty much follow it?
MR. KLATZKOW: Yes, sir.
MR.OCHS: Madam Chair, if I may, I have just one
clarification. On Item 4 of the recommendations in the committee's
report having to do with investment management services, I just
wanted to bring to the board's attention and remind them that at a
previous board meeting back in February 24th, precisely of this year,
under 9D, you did have a discussion about your investment policy,
and you had already directed and approved that we were to go out and
do some research about --
COMMISSIONER HALAS: Yes.
MR. OCHS: -- bringing back an investment management firm
for your consideration.
COMMISSIONER COLETTA: Well, would this be a conflict if
we also met with the clerk to see if there was something in the way of
an interlocal agreement that might cover this?
MR. OCHS: No, no conflict at all. I just wanted to mention that
we already --
COMMISSIONER COLETTA: I mean, we've already got that
particular direction we're working on. It might be all the more
incentive for him to be able to bring this to successful conclusion.
MR.OCHS: It's in reference to direction that you previously
gave to the staff, yes.
COMMISSIONER COYLE: Well, what is the status of that? Is
the staff working on it?
MR.OCHS: We're beginning to work on it. But as Mr.
Klatzkow said, if we're able to come to some agreement with the clerk
on an interlocal, we may be able to address it in the body of that
document. If not, we're going to bring it to you separately, as you had
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April 14, 2009
directed previously.
COMMISSIONER COYLE: Well, I guess my only concern is
essentially this: How do you know you're getting the best price unless
you get some proposals from outside organizations?
COMMISSIONER COLETTA: That's why I wanted to see them
run concurrently.
COMMISSIONER COYLE: Yes, that's exactly right. And I just
want to make sure that the staff understands that.
MR.OCHS: Yes, sir.
COMMISSIONER COYLE: Because you're not going to go --
you're not going to develop an interlocal agreement that provides
payroll services if the clerk is going to charge us three times more than
we could get it from some outside vendor, right?
MR.OCHS: Correct.
COMMISSIONER COYLE: So you're going to have to work on
this jointly and make sure that you've got alternatives so you can
evaluate the costs. I mean, the purpose of this is to try to control costs.
MR.OCHS: Yes, sir.
COMMISSIONER COYLE: Okay.
CHAIRMAN FIALA: And protect our taxpayers.
COMMISSIONER COYLE: Yes, that's right.
CHAIRMAN FIALA: Okay. So does everybody understand
what the motion is? Everybody agrees now that concurrently we're
going to be working on both of these items?
(No response.)
CHAIRMAN FIALA: Okay. All those in favor, signify by
saYIng aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
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April 14, 2009
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: That's a 5-0.
Y "?
es, SIr.
COMMISSIONER HENNING: Now can I introduce my
motion? The whole premise of this is to find the reasonableness in the
bills of the clerk, and that wasn't in the report. So I'm going to make a
motion that we pay all previous bills from the Clerk of the Court.
If there's not a second, I'll make a motion that we don't pay the
clerk all previous bills.
COMMISSIONER COYLE: Do we -- if --
CHAIRMAN FIALA: Yes, Commissioner Coyle?
COMMISSIONER COYLE: Well, this has nothing to do with
that, but I think it's covered under Section 5. It says, the BCC should
make regular payments for services provided under agreements to the
clerk. Such payment shall be retroactive to the beginning of fiscal
2009 and should commence in the month following the completion of
above items.
But this does imply that we have the agreements, interlocal
agreements, in place first, and I don't think that's the intent of
Commissioner Henning's motion. I think he says, if we've got an
outstanding invoice, we ought to pay it.
COMMISSIONER HENNING: Right.
COMMISSIONER COYLE: And I don't know that I have a
problem with that. I mean, hasn't the Court said that we have to pay
that?
MR. KLATZKOW: Different issue.
MR. OCHS: No, sir.
MR. KLATZKOW: I mean, what the Court has said is that the
interest monies on our surplus are income to the clerk. The Court has
never said that these billings are reasonable. But, you know, absent an
interlocal agreement, I don't know how you --
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April 14, 2009
COMMISSIONER COYLE: How you determine that anyway.
So the clerk, in essence, can really just take the interest money right
now and pay himself that amount of -- for the invoice; is that not
correct?
MR. KLATZKOW: That is correct.
COMMISSIONER COYLE: So we don't have to do anything.
The clerk has it. He has -- assuming that the Supreme Court challenge
is not -- is not successful, the clerk just takes the money out of interest
the way he's been doing recently.
MR. KLATZKOW: It's a very odd relationship at this point in
time because you're being billed for services that you haven't agreed
to. It's--
COMMISSIONER COYLE: Well, what --legally, what is your
recommendation with respect to paying that invoice?
MR. KLATZKOW: I wouldn't do anything right now. I would
sit down with the clerk and try to negotiate an interlocal, hopefully
have it retroactive, and that takes care of everything.
COMMISSIONER COYLE: Okay.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Wasn't there just something that
recently came down where there was a stay at the district court
whereby the clerk has to return that money?
MR. KLATZKOW: He's returning a portion of it, but--
COMMISSIONER HALAS: Okay.
MR. KLATZKOW: -- but he still has enough of the interest to, I
believe, pay his -- pay his invoices to us.
COMMISSIONER HALAS: Okay. But there was -- I think
there was some kind of a temporary stay until this --
MR. KLATZKOW: This whole thing--
COMMISSIONER HALAS: -- is through the Supreme Court
system.
MR. KLATZKOW: That's right.
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April 14, 2009
COMMISSIONER HALAS: Okay.
COMMISSIONER HENNING: Why don't we say that the clerk
take the interest money and pay the invoices that you submitted to us?
MR. KLATZKOW: That's a board decision, sir.
COMMISSIONER HENNING: Yeah. I mean, that's the whole
reason this was on the agenda is, look at the reasonableness of the
item.
So I'm going to make a motion to direct the chairman to write a
letter to the clerk to invoices, previous invoices submitted is, take it
out of the interest money.
COMMISSIONER HALAS: I want an itemized report of the
invoices of what we're paying. I'm not just going to give him a la
carte. I want to know exactly what the itemized invoices are that were
-- that he wants us to pay.
CHAIRMAN FIALA: I think what you're saying is you'd like
him to give us an item--
COMMISSIONER HALAS: Itemized--
CHAIRMAN FIALA: -- like we have to give him.
COMMISSIONER HALAS: Exactly.
CHAIRMAN FIALA: Just the same courtesy in return --
COMMISSIONER HALAS: Exactly.
CHAIRMAN FIALA: -- so that we know exactly what those
bills are for. I think that's what the problem has been.
Commissioner Coyle?
COMMISSIONER COYLE: Well, I think the county attorney
just said that he would recommend we not pay anything until the court
case is solved. So I'm going to go with the county attorney's
recommendation.
COMMISSIONER COLETTA: I'm confused now. Did
Commissioner Halas just give a second to Commissioner --
COMMISSIONER HALAS: No, I didn't.
COMMISSIONER COLETTA: Okay.
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April 14, 2009
COMMISSIONER HALAS: No, I didn't.
CHAIRMAN FIALA: No, actually there was no second, unless
you wanted to give one.
COMMISSIONER COLETTA: No, no. I believe we should
follow the direction that we're already going. I don't have any
problems with paying the -- making sure the clerk is well funded to be
able to take care of his department. It's just how the funds are coming
down to him I'm having a real problem with.
COMMISSIONER HENNING: I just have one more thing.
CHAIRMAN FIALA: Certainly.
COMMISSIONER HENNING: On hiring an investment
management company, is it the desire of the Board of Commissioners
to earn more interest for the Clerk of Court or less interest for the
Clerk of Court?
CHAIRMAN FIALA: Maybe it's just to get all our interest
money back.
COMMISSIONER HENNING: Well, you can't. I mean, the
Court has already ruled that the interest is his, and the investment is
making interest on those monies. So what is it?
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: I'll try to answer that question. I
think it is get an interest investment manager who is responsive to our
needs and our inquiries and who will talk with us whenever we want
to ask questions.
We have asked the clerk on numerous occasions to come here
and answer questions about that, and the one time he showed up, he
had a professor from Florida State University provide the answers to
us and make the presentation.
If we're paying the clerk and his office to manage our
investments, I expect a more direct involvement of the clerk with the
Board of County Commissioners, and I -- I expect to get
recommendations and advice from the clerk on a regular basis
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April 14, 2009
concerning how our investments should be managed.
The point is that somebody in -- is it Phoenix, Arizona or --
COMMISSIONER HALAS: Phoenix, Arizona.
COMMISSIONER COYLE: -- or someplace that -- somebody
we've never seen is handling our investments. That might be okay,
but I'd feel a lot more comfortable if it's somebody who has a direct
responsibility to us.
But that, again, is negotiable. If I'm going to have to pay
substantially more money for that, then I'm going to be happy with the
clerk's services. So it's just a matter of deciding what the tradeoffs are.
Are we going to get better service from somebody who will sit down
and talk with us, or are we going to get better service from somebody
who likes to handle his communications through a judge?
COMMISSIONER HENNING: What do we make on our
investments?
COMMISSIONER HALAS: We don't know.
COMMISSIONER HENNING: It's interest, right? Isn't it
interest?
COMMISSIONER COYLE: Yeah, yes.
COMMISSIONER HENNING: So the question still stands.
You want to make more interest for the Clerk of Court or less interest
for the Clerk of Court?
COMMISSIONER COYLE: I want to make more interest for
the people of Collier County because it's their money. The clerk is not
supposed to take any more interest than he needs to run his office.
COMMISSIONER HENNING: Absolutely.
COMMISSIONER COYLE: It's not a slush fund for him. So if
we earn more money in our investments, that means the taxpayers of
Collier County get a break.
COMMISSIONER COLETTA: And if I may? My light's on,
too.
CHAIRMAN FIALA: Commissioner Coletta?
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April 14, 2009
COMMISSIONER COLETTA: Yeah. Also, too, I think it
would be a good time to reissue the invitation for the clerk to join us,
like we have offered to him many times before, at the last seat, that's
right next to Commissioner Coy Ie, so he could take an active part in
our discussions and be available.
In many, many counties they have a Clerk of Courts that sits
there through the whole proceedings ready to be able to interject his
opinion and advice as everything goes forward.
And when we tried it before, we ended up having to pay $60,000
a year for the right to have his assistant down at the end of the desk,
and the clerk wasn't here. I would still like to extend that invitation to
him.
If we're ever going to become one unit to be able to function
together, we need to have more interplay rather than being the only
ones trying to guess what he's up to and which direction he's going.
It's like we're subservient to everything he does.
COMMISSIONER COYLE: That's the way he wants it, and
that's the way it's going to be.
CHAIRMAN FIALA: That's the way the newspaper wants it,
too.
COMMISSIONER COYLE: Yeah.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Well, I was just going to -- I'm not
going to pay $60,000 for somebody to sit down at the end.
COMMISSIONER COLETTA: Me either.
COMMISSIONER HALAS: That's the end of that story.
COMMISSIONER COLETTA: I'm not either, Commissioner, if
that helps you out. It shouldn't be done for charge. It should be done
for pure enjoyment of being here.
COMMISSIONER HALAS: That's right.
CHAIRMAN FIALA: Pure enjoyment for being here.
Okay. Any more discussion on that item?
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April 14, 2009
COMMISSIONER COLETTA: That was fun.
CHAIRMAN FIALA: Okay. Move on to item number 10F,
which is 16B5.
COMMISSIONER HALAS: We need to vote on this, don't we?
COMMISSIONER HENNING: No.
MS. FILSON: We voted on it.
COMMISSIONER COYLE: It was unanimous, I thought, wasn't
it?
CHAIRMAN FIALA: It was 5-0, yeah.
COMMISSIONER HALAS: It's getting to be a long day.
Excuse me.
Item #10F
REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS
AND CHANGES TO WORK ORDERS TO BOARD-APPROVED
CONTRACTS - APPROVED W/CORRECTIONS MADE
MR.OCHS: Madam Chair, we're now on Item 10F which was
pulled from your consent agenda. It was previously 16E5. That's a
report and ratify staff-approved change orders and changes to work
orders for board-approved contracts.
I believe Commissioner Henning asked for this item to be moved
to the regular agenda. Mr. Carnell is present to present or answer
questions.
COMMISSIONER HENNING: Mr. Carnell, on the second
change order list for fencing repair, it says, the last data approved by
the Board of Commissioners was September 22nd, '98.
But we didn't meet -- I mean, then that board didn't meet on
September 22nd, '98.
MR. CARNELL: Yeah. I believe it says, 7/22/98. That's a typo.
It should be 7/22/08, July 22nd of last summer.
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COMMISSIONER HENNING: Okay. The -- the next one,
which is item number 9, the contract, it says, the original amount was
$104 -- 104,648, but our executive summary for that item in
September of last year is 102,154.
MR. CARNELL: Okay. Yeah, let me explain this one. We've
got a couple things going on here, including a little bit of
administrative overkill, unfortunately.
This item was to amend an agreement between the Collier
County Hunger and Homeless Coalition and the county. The county
is also, of course, in contract or a grant recipient from HUD for
funding that comes through the Continuum of Care Grant Program
that HUD administers and makes funds available to the county with.
The county entered into agreement with HUD or was a recipient
of the HUD grant funds, and the program you're -- effectively gets
started on May 1,2008.
The agreement between the Board of County Commissioners and
the Homeless Coalition was approved by this commission on
September 8th.
Now, Commissioner Henning's correct that the amount of the
agreement between HUD and the county is the larger number he read
to you, $104,645. The agreement between the Homeless Coalition
and the Board of County Commissioners is the lesser amount,
$102,154.
The difference is that HUD allows the county to take a small
administrative fee for overseeing the work of the subrecipient. In this
case it was $2,491. That's the difference.
We made an error in that we reported in the change order report,
we gave you the larger dollar figure, the dollar amount between HUD
and the county as opposed to the dollar amount between the county
and the subrecipient. So we picked up the wrong number on the
change order report.
The other issue that goes with this as well -- and, Commissioner
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April 14, 2009
Henning, you may have been focused on this -- we make reference to
the -- I mention the program year with HUD began on May 1, 2008.
And in the agreement it says that this agreement is -- I'm talking about
the agreement between the county and the Homeless Coalition. It says
the agreement is effective September 9,2008. That's when the five of
you approved the agreement. But later in the same paragraph it says
that the Homeless Coalition, the function of the subrecipient in this
agreement is effective May 1, 2008. That's the HUD effective date.
And what that's saying and the way the housing staffhas interpreted
that to mean is that they can begin to perform services at the point that
the HUD program year commences.
But the paragraph is confusing. It talks about two different
effective dates. So the amendment is really just to clean that up. It's
just to say, there's one effective date between -- in the agreement
between the Homeless Coalition and the county, that's September the
9th, and that the -- they are able to perform services effective May 1 st
under the program. That's clarification that we made to the agreement.
COMMISSIONER HENNING: So is the board approving on
September 9th, is that after-a-fact (sic) approval of what staff is
already doing?
MR. CARNELL: No.
COMMISSIONER HENNING: No.
MR. CARNELL: On September 9th you approved this
agreement.
COMMISSIONER HENNING: Right.
MR. CARNELL: And all we're doing is clarifying the language
because we did have questions raised in our ongoing conversations
with the clerk's finance division about this. They were confused over
the paragraph the way I just described it to you, so we agreed to
clarify it.
We actually brought this to you. I mentioned administrative
overkill. This was actually -- the board actually approved this last
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April 14, 2009
meeting as a separate freestanding item. It shouldn't even be on the
report, and I apologize. It was on the report because we were
accumulating all the items from March to bring to you, and we were
planning to bring it to you as part of the report and, again, the finance
division asked that we bring it to you separately, which happened on
March the 24th. So you already approved this, and this really
shouldn't even be on the monthly report because you approved it last
meeting.
COMMISSIONER HENNING: Okay. Well, I know county
manager goes over this in quite detail, these changes. Knowing the
difficulties now, I just -- I'm really concerned about it, you know, the
details of it.
And my last one is on 15. This is a Copeland Utilities, an
agreement between Collier County Housing Corporation (sic). We are
-- the original one is they were to buy generators for this utility
company, and now we're billing -- we're getting the generators. Are
we storing these generators until they get the permits to install it?
The last thing, if they don't have the money for purchasing
generators, how do we know they have enough money to install the
generators?
MR. CARNELL: Well, the generators have been installed. We
have -- Copeland has them in their possession. And the issue was, as I
remember correctly, is how long they could carry the money because
the money had to be paid immediately. And so, the amendment was
to allow that to occur, if I remember correctly. But the generators are
already in our possession. So we don't have an issue with regard to
storage or with regard to not having something that we haven't paid
for.
COMMISSIONER HENNING: So they're already installed?
MR. CARNELL: They are at this point in time, yes.
COMMISSIONER HENNING: What we doing here then?
MR. CARNELL: Well, my understanding, again, was that they
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April 14, 2009
had to pay for them at the time immediately, and so we paid for them
as they took delivery of the generators as opposed to it being a classic
reimbursement agreement.
COMMISSIONER HENNING: Well, when was that?
MR. CARNELL: That would have been back a little ways. I
want to say -- I don't know, sir, sitting here right now. I want to say
30, 60 days ago. It was back -- it was back in the recent past in terms
of when the event took place, when we took possession of the
generators.
COMMISSIONER HENNING: And they were installed like 90
days earlier?
MR. CARNELL: Some time frame, yeah. I can't tell you
specifically right now when.
COMMISSIONER HENNING: Is there any way that we can --
instead of giving forgiveness, get approval so we don't have to give
forgiveness?
MR.OCHS: Yes, sir.
COMMISSIONER HENNING: Okay. So I mean, I make a
motion to approve with the gramical (sic) correction, not gramical, but
the date correction.
CHAIRMAN FIALA: Okay. Second that motion? Okay. Is that
a yes?
COMMISSIONER COYLE: (Nods head.)
CHAIRMAN FIALA: Seconded by Commissioner Coyle.
COMMISSIONER COYLE: Coletta.
CHAIRMAN FIALA: Any further discussion?
COMMISSIONER COLETTA: I did.
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
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April 14, 2009
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Very good.
Item #10G
AMENDMENT TO FEBRUARY 24, 2009, MEMORANDUM OF
AGREEMENT BETWEEN FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP), THROUGH ITS
OFFICE OF COASTAL AND AQUATIC MANAGED AREAS
(CAMA), AND COLLIER COUNTY; AND TO APPROVE AN
INITIAL WORK ORDER FOR $299,012.00 ON A PROJECT TO
NOT EXCEED $500,000.00 IN AVAILABLE GRANT FUNDS TO
BE REIMBURSED TO THE COUNTY BY FDEP TO MAKE
HYDROLOGIC RESTORATION IMPROVEMENTS ON SHELL
ISLAND ROAD - APPROVED
MR.OCHS: Madam Chair, your next item is Item lOG,
previously 16B 13, and that is a recommendation to approve an
amendment to the February 24, 2009 Memorandum of Agreement
between the Florida Department of Environmental Protection through
its Office of Coastal and Aquatic Management, managed areas in
Collier County, to approve an initial work order for $299,012 on a
project to not exceed $500,000 in available grant funds to be
reimbursed to the county by FDEP to make hydraulic restoration
improvements on Shell Island Road.
I believe Commissioner Henning __
COMMISSIONER HENNING: I did. When are we going to get
paid back?
MR. FEDER: DEP has a grant already structured. They're going
to pay us back immediately following the work being done by the
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April 14, 2009
county .
COMMISSIONER HENNING: Within ten days?
MR. TEACH: Commissioners, Scott Teach, for the record.
We're going -- we structured -- originally this agreement as brought to
you back in February was going to be direct payment from DEP to the
contractor.
They couldn't go forward under their own procurement
guidelines under that. That's why we restructured this to go forward.
But to get more to your question, what we've done is we've set up a
payment plan where we have -- when we receive the contractor's
invoices, we're going to forward them to DEP, and in 48 hours they're
going to tell us these are okay to pay, and then we're going to process
them through a payment. In turn, then we're going to re-invoice DEP
upon completion of the project, and then they're going to pay us.
COMMISSIONER HENNING: In ten days? They'll pay us in
ten days?
MR. TEACH: Per the Prompt Payment Act, Commissioner.
COMMISSIONER HENNING: Now, where else have we used
general fund monies to improve private property?
MR. TEACH: Commissioner, I understand your question.
Article VII of the Florida Constitution generally doesn't allow you to
use public funds unless it's for a public purpose, and there's a slew of
AGOs regarding making improvements on private roads, and I
understand that.
In this situation that we have here, as staff has informed me, it's a
state road. It is a public road that is freely accessible to the public.
There's a boat ramp at the end of the road which the public uses. It's
used for a myriad of programs with school children on buses. It's used
quite publicly. And at lunchtime I looked at the property appraiser's
(sic), just to take a look at other owners on the property. It's primarily
three parcels, two of which are owned by the state. There is one
private property resident on the road as well.
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April 14, 2009
And in the past -- Mr. Feder can clarify this a little bit more --
there has been some maintenance provided by the county. At one
time, I understand -- and I'll let Mr. Feder clarify -- it was at the
board's direction to do some maintenance as well. So it has been
treated always as an open, accessible public road.
COMMISSIONER HENNING: Okay. And thank you for the
clarification. I thought it was a private road, but now you're saying it's
a state road.
MR. FEDER: It is a state-owned roadway. The state owns it
much like parks, state parks.
COMMISSIONER HENNING: So we're taking ad valorem
dollars to improve state roads now?
MR. FEDER: To get paid back, yes. We're trying to assist them.
They had gotten a grant to make the improvements. We're trying to
serve as their vendor because their grant had gone for some time and
they were subject to losing their grant to make these improvements.
CHAIRMAN FIALA: It's kind of like, you know, they worked
with us just recently also helping us with the Marco Island Airport,
and they really came to our rescue, too, and I think we're just doing
the same. It's not like anybody's going to be suffering any losses from
it.
COMMISSIONER HENNING: Yeah, my understanding, it was
a private road.
CHAIRMAN FIALA: Oh.
COMMISSIONER HENNING: So my understanding is
incorrect.
CHAIRMAN FIALA: Okay.
MR. FEDER: And Commissioner, what I will clarify for the
record, it is not a county road.
COMMISSIONER HENNING: Right.
MR. FEDER: It is a road that's owned by the state that is open to
the public, and there are some public functions that are related to the
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April 14, 2009
roadway, including one property owner. But it is not a county road,
that's correct.
COMMISSIONER HENNING: Okay. Well, being a state road
is better than being a private road, so I don't have any more concerns.
MR. FEDER: Okay. It's owned by the state, yes.
COMMISSIONER HENNING: So I make a motion to approve.
CHAIRMAN FIALA: Second.
Okay. We have a motion on the floor and a second.
Any discussion?
I seconded it, if you were looking for 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.)
CHAIRMAN FIALA: No fair dropping your books.
Item #llA
PUBLIC COMMENTS ON GENERAL TOPICS
MR.OCHS: Commissioner, that takes us to Item 11, public
comments on general topics.
MS. FILSON: Madam Chairman, I have two speakers. Linda
Griffin. She'll be followed by Kenneth Thompson.
MS. GRIFFIN: Good afternoon, Madam Chairman and
Commissioners. My name is Linda Griffin. I'm a professional land
surveyor in the State of Florida, and I'm here to speak on behalf of
Embarq Corporation, the telephone service provider.
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April 14, 2009
We understand that the transportation service division of Collier
County intends to present new requirements for as-builts of
underground utilities as part of the county's permitting process. This
policy is slated to come before the commissioners at the next meeting
on April 28th.
I wish to speak against approval and the county's adoption of
these proposed as-built policies as written as we understand the
requirements based on a meeting with county staff back in March.
The precision requirements are so that the as-built files can be
more easily inserted into the county's GIS system. Now, this would be
a wonderful thing except for, it is very costly to produce.
It's been estimated that the precision requirements that are being
proposed will result in fees for surveying and mapping approximated
at $2,000 for Embarq installations of less than 1,000 feet and an
annual estimated cost of $200,000 to Embarq and to its customers.
The required accuracies being proposed are excessive for
installations of privately owned minor Embarq facilities that are, in
some cases, a one-half-inch diameter fiberoptic table. The cost to
adhere to precision accuracies of one-eighth of an inch will cause an
unfair burden to Embarq, to other utility companies that are working
in your county, and ultimately to the public.
So on behalf of Embarq, we respectfully ask that the commission
table the proposed policy until a more reasonable and less restrictive
as-built policy can be developed that will not so adversely affect the
public.
CHAIRMAN FIALA: You started off by talking about as-builts,
and you lost me right there because I didn't know what an as-built
was, so --
MS. GRIFFIN: Okay.
CHAIRMAN FIALA: -- I never understood anything you said
from that moment on.
MS. GRIFFIN: Oh. I only have 21 seconds to explain it.
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April 14, 2009
CHAIRMAN FIALA: What is as-built?
COMMISSIONER COYLE: They're plans.
MS. GRIFFIN: They're plans that represent how a utility was
built. So you have the design plans and then you have a record of
where they were actually constructed, and that's what an as-built plan
IS.
COMMISSIONER HALAS: In the past, Commissioner, we've
had utilities go out there and establish areas where they set a power
line or a phone line or a fiberoptics line was, and we found out that
when we started digging, we ran into a lot of these problems on the
Vanderbilt --
CHAIRMAN FIALA: Yes.
COMMISSIONER HALAS: -- Road, and they weren't where
they were supposed to be, and that's what they're referring to.
CHAIRMAN FIALA: I see. Okay, fine. Sometimes people go
into lingos, and I --
MS. GRIFFIN: I'm sorry.
CHAIRMAN FIALA: That's all right, that's all right. I think our
staff wants to comment on that.
MR. FEDER: For the record, Norman Feder, transportation
administrator.
First of all, as you're well aware, I know, utilities are allowed to
use the county's rights-of-way for free, but they're also required to
move those utilities as we come with a project or work on issues.
Additionally, you've got the one call and issues of locates. It's
very, very difficult, especially with the fiberoptics of outlines, and for
that matter, if it becomes the vertical issue, sometimes extremely hard
even in big larger lines to identify exactly where these utilities are. It's
one of the reasons we've had so many opportunities throughout a very
aggressive construction program with roadways because that entailed
typically moving or working around existing utilities throughout every
job.
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April 14, 2009
In our right-of-way handbook, we are coming in. We're utilizing
what I'll call national industry standards, the GIS. And what we are
requiring as part of our right-of-way permitting, at least we're
recommending that we're going to require and that we'll be coming to
you next board meeting, is those industry standards be applied, so
when someone gets a right-of-way permit, wants to install within the
right-of-way, that, in fact, we get as-builts, which means identifying
the vertical and the horizontal and specifically where that utility is, so
in the future, once we've finished a roadway and get as-builts and as
we make changes to it, as new utilities have moved, right-of-way
permits come in over time, we maintain as-builts, and my successor
doesn't have the fun that I had.
So we will be coming to you next board meeting.
CHAIRMAN FIALA: Okay. Commissioner Coyle?
COMMISSIONER COYLE: I think the question was is the level
of precision you are requiring excessive.
MR. FEDER: And what I will tell you, we'll have to make our
case for that obviously next board meeting, but we don't believe that it
is. As I said, we're using pretty-much accepted industry national
standards, and we are seeking those.
I'm not sure about the eighth of an inch, but we have someone
here that will speak to the specifics of that. I honestly couldn't speak
to it at this time.
COMMISSIONER COYLE: I mean, plus or minus 50 yards
would be a lot better than you have now.
MR. FEDER: That would be at least 50 yards closer, yes. Thank
you.
CHAIRMAN FIALA: Thank you. So you'll probably be back at
the next meeting when this is presented, right?
MR. FEDER: I'm sure, yes.
CHAIRMAN FIALA: Okay, fine. Thank you.
MS. FILSON: Your final public speaker is Kenneth Thompson.
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April 14, 2009
MR. THOMPSON: My name is Kenneth Thompson. I live at
2831 Becca Avenue. You know, I'm having an awful problem with a
lot of people in this building, awful lot of problems, and I want it to
stop.
I came here so many years ago, I forgot how to get out of Naples.
And every damn time I start to leave, I inherit property. I don't need
no more property. And I'm going to tell you right now, if it don't stop,
what happened here a few weeks ago on me, code enforcement -- I got
some people. I wished you would remove them. They come out to
my house, I do not ask them. They park across the street. When I
walk out the house, they'll come up, blow the horn. I go talk to them.
I think that's the thing you ought to do, they're very nice people in a
way.
But when you start blaming me for something I'm not doing, I be
damn if I like it. I don't like it at all. And as far as attorney general,
he's a nice guy, too. All of them are. But I'm telling you, it's going to
have to stop.
Every which way I turn -- the guy across the street from -- when I
started with Jim Mudd a long time ago about the boathouse. Well, I've
got it taken. But then the people -- I've talked to the gentleman over
there. I can't -- I'm not good at names anymore.
I come back, walk you right through it. I've got the boathouse
taken. All I want you to do is just rip that one side down. And
anybody that will inspect it and -- go look at it. And you had that
inspected by the county. That is the most illegal mess I have ever
seen. You got boat docks built over top boat docks. You got the lift
above the roof. It's -- the keel of the boat's supposed to be one foot
from the water.
I don't believe -- and you got 2938, which is his property. You've
got a code enforcement lady. Her daughter moved in there. I have no
problem with this. Just -- they come in there and they'll cause me so
much trouble. They took my cones down three, four times. I have to
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April 14, 2009
put them back up.
I have got so many problems -- I've got five permits for each one
of those cones, and they're legal. There's nothing I've done here that's
illegal.
And Mr. Coletta, what you ought to do is, when you went to
Poland that time, you're talking about the fellow over here -- I can't
think of -- the Clerk of Court, whatever his name, but when you went
there, you borrowed the money from these other people here because
you had spent your money up. Remember that?
And you have failed to pay it back so far, so you should pay that
money back, when you went to Poland. See, I keep close watch you
on. You a nice fellow. Ain't nothing wrong with you. You a pretty
nice fellow. But when you go walking on somebody else's toes, you
should put your shoes on your feet and walk on them, not somebody
else's.
COMMISSIONER COLETTA: I don't have any idea what
you're talking about.
MR. THOMPSON: Yeah, you do.
COMMISSIONER COLETTA: No, I don't.
MR. THOMPSON: Okay. Thank you very much. That's the last
time you'll see me.
COMMISSIONER COYLE: That was my money, by the way,
and you haven't paid me back.
COMMISSIONER COLETTA: I know.
MR.OCHS: Commissioner, that moves us to Item 15, staff, and
commission general communications.
COMMISSIONER COYLE: Wait a minute.
Item #12C
REVIEW AND APPROVE THE COUNTY ATTORNEY'S
RECOMMENDA TION TO WAIVE ANY POTENTIAL ETHICS
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April 14, 2009
CONFLICT FORA PARKS AND RECREATION ADVISORY
BOARD MEMBER BASED ON CH. 112, FLORIDA STATUTES-
APPROVED
CHAIRMAN FIALA: We have one more. Don't we have 16K5
to 12C?
COMMISSIONER COYLE: Yes, you do. Good catch.
MR.OCHS: 16K5. Yes, I'm sorry. I apologize for that.
CHAIRMAN FIALA: And you should, too.
COMMISSIONER COYLE: And I asked that that be pulled.
Madam Chair, if you would like for me to just quickly dispense
of it, I will.
I agree with the county attorney's recommendation that this is not
a potential violation, that is someone who serves one of our advisory
boards also is doing business with the county but not with the county
with respect to his advisory board functions, okay. But it is something
I think we have to be very careful of.
And we took some action recently with respect to the
Environmental Advisory Council. And what I would like to do to help
us more clearly identify if there is a potential for a conflict of interest,
to revise our questionnaires for potential advisory board members to
include questions about, do you do business with the county, and if so,
under what circumstances.
And number two, do you belong to any organizations that have a
vested interest in the outcome of the advisory board
recommendations? And that will require people to make full
disclosure about what their business and/or personal connections are.
And we then can, at the time we're considering them for membership,
we can try to make a determination as to whether or not there is a
potential conflict of interest.
COMMISSIONER HENNING: I like it.
COMMISSIONER COLETTA: Okay, yeah.
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April 14, 2009
MS. FILSON: I'll get that updated.
COMMISSIONER COYLE: Okay, thank you.
CHAIRMAN FIALA: Thank you, Commissioner. Good catch.
So would you like to approve this?
COMMISSIONER COYLE: Yes. I will make a
recommendation to -- a motion to approve 12C.
COMMISSIONER COLETTA: Second.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay. I have a second and a third.
Second was by Commissioner Coletta, the third was by Commissioner
Halas.
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.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
CHAIRMAN FIALA: And now we go to commissioner
comments, and we'll start with you, Commissioner Coletta.
COMMISSIONER COLETTA: Thank you. Did the county
manager have a chance?
CHAIRMAN FIALA: Oh. Why don't we start with the assistant
manager.
COMMISSIONER COLETTA: Please.
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April 14, 2009
MR. OCHS: And no, ma'am, we have no items today. Thank
you.
CHAIRMAN FIALA: Okay. And the county attorney?
MR. KLATZKOW: None either.
CHAIRMAN FIALA: Thank you. See, I thought that they
would go fast, but you can --
COMMISSIONER COLETTA: This has been a wonderful
meeting. Thank you for allowing me to be here.
CHAIRMAN FIALA: Hey, drop by again sometime.
COMMISSIONER COLETTA: Sure. And yeah, I do have one
thing. I'd like to know if the board would grant me a limited amount
of transportation staff time to prepare a brief presentation for the May
MPO meeting. This brief presentation would be dealing with the past,
present, and future access rights to public lands from State Road 29
and u.s. 41 due to the erection of the panther fences that they put up
through there.
Over the years they've been putting these fences up along the
way . We've -- in the past a request has been made by myself. I don't
know if we did it as a commission or not, put it back about a hundred
yards or so to be able to keep them away from the highway and to
allow a little bit of area for the panthers to be able to get caught
between the fences to be avoided -- or being run over; however, with
that said, they couldn't do it because of the cost that was associated
with trying to access it.
The problem is is that these fences are right along the canals,
which are prime fishing areas for the public. Numerous people from
Immokalee and other rural areas of Collier County go to these areas to
fish, and most of these people that fish there fish for substance. They
bring then home and they eat the fish rather than catch and release,
and it's a great enjoyment to them. These people don't have money for
boats, they don't have access to a lot of the amenities that are available
to other citizens.
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And slowly but surely they're starting to lose this right. Also the
traditional hunters in that area who have been able to park along the
side of the road and be able to access into the public lands to go
hunting during the limited hunting season that exists out there are
going to be denied that right of access. And there's ways to be able to
accommodate both ends. There are special gates that can be installed,
special ways it can be done. And I'd like to be able to have staffbe
able to do just a limited amount of research as to where the fences are
now, where they're going to go, and I can fill in the rest of it with the
information that I have gathered to be able to make a short
presentation at the MPO to make our members aware of what's taking
place.
COMMISSIONER COYLE: I'll support you if you'll pay back
that money from Poland.
COMMISSIONER COLETTA: Yeah. I have to put you off to
Kenny, what he was talking about. We lost something in the
translation.
COMMISSIONER HENNING: I'm concerned about the panther
getting out, leave the gate out.
COMMISSIONER COLETTA: Well, the gate won't be such a
gate as you're thinking about. These are gates that would have
revolving -- like a bank revolving door or a hotel revolving door.
There's ways of doing it. Also they've got gates that open, you go
through them and they'll close, you know, the way the fences are put
together. It doesn't have to be anything extremely elaborate.
But I know, that would be one of the concerns. It can be done to
accommodate everyone. And I'm not too sure what the answers are.
But there's great concerns upon part of the community that's been
using these areas over the years and how they can still be able to have
reasonable access.
CHAIRMAN FIALA: I don't have a problem with it. Anybody
else?
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April 14, 2009
COMMISSIONER HALAS: The gates would be able to handle
cars, too?
COMMISSIONER COLETTA: No.
COMMISSIONER HALAS: Or just individuals?
COMMISSIONER COLETTA: Just individuals.
COMMISSIONER HALAS: Because you talked about parking
alongside the road, and I didn't know if that was going to be a
problem.
COMMISSIONER COLETTA: Well, it isn't for the most part if
you're out of the right-of-way.
COMMISSIONER HALAS: Okay.
COMMISSIONER HENNING: Yeah, the fence is far away
from the --
COMMISSIONER COLETTA: Far enough from the
right-of-way.
COMMISSIONER HENNING: The road.
COMMISSIONER COLETTA: Right, and you'd access through
there to be able to get to the water to be able to fish or--
COMMISSIONER HENNING: As long as we keep the animals
In.
COMMISSIONER COLETTA: Well, I appreciate you granting
me this permission. I guarantee I won't abuse it, and I know you're
going to be looking forward to my report.
CHAIRMAN FIALA: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Just three things. The -- I'd like
to find out if some of these affordable housing agreements, these
payback loans, one is Big Cypress housing, has been fulfilled. I don't
remember seeing it on the agenda, and I can't find out if it -- where it's
been reported, that payback.
The second thing is --
CHAIRMAN FIALA: What is big Cypress housing?
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COMMISSIONER HENNING: They're in Immokalee. Main
Street Village, located in Immokalee, is one of them. I think they
have another housing development.
CHAIRMAN FIALA: Main Street Village, that was that guy
that was here today?
COMMISSIONER HENNING: He said no.
MR. OCHS: We'll find out for you, sir.
COMMISSIONER HENNING: The second thing is, it's the
board's policy through an ordinance that we'll -- that the
administration seeks full restitution on dishonored checks. What
about if somebody doesn't, you know, make those payments of either
5 percent or -- $20 or either 5 percent of the maximum; is the
management going after them through the State's Attorney's Office for
prosecution?
MR. OCHS: Could you give me a little more detail, sir . You
talking about delinquent payments for --
COMMISSIONER HENNING: Leo Ochs comes in and bounces
a check, okay, and doesn't make good on it, just doesn't do anything
about it. Does Jim Mudd go after Leo Ochs through the State's
Attorney's Office for a prosecution of that bad check?
MR. OCHS: I'm going to have to get you some follow-up
information. I don't want to speculate. I know we have collection
agencies where we turn over bad debt to for collection. But once that
runs its course, I'll have to follow up with you, sir, to see what we do.
COMMISSIONER HENNING: Okay. By the way, you did a
pretty good job today.
MR. OCHS: Thank you.
COMMISSIONER HENNING: Being the new guy on the block.
The last thing is, and I know Joe Schmitt is working on this, is
about the water heaters installation. The -- actually I have a question
for you, Mr. Schmitt, on this issue. I understand you're going to
follow up on it.
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It's about installing water heaters, not replacing water heaters,
that's what I looked at. I think there's a difference. I've replaced water
heaters. I've never -- I've never installed one. Do you understand
where I'm going?
MR. SCHMITT: Well, yes. I know what you just said. You
said you replaced it rather than installed one, but from the standpoint
of the code, it's relatively the same thing. A replacement is the
installation of a replacement. Is that what you're driving at?
COMMISSIONER HENNING: No. I mean -- no, I mean, you
replace stuff. If you already have something existing, you replace it if
it needs -- if it goes bad or something. If you put in a new water
heater on a new home, you're installing a water heater; is that how you
look at it or no?
MR. SCHMITT: I look at it as a -- it's a replacement or an
installation. You're installing a replacement. I'm not sure -- I mean,
,
we re --
COMMISSIONER HENNING: Yeah. Just a minute. The
second thing is, how can somebody get a -- how can somebody get a
permit on weekends to replace a broken water heater?
MR. SCHMITT: There's areas in the code that clearly define
emergency work, and emergency work can be performed without
obtaining a permit, and then the contractor is required to come back
and get a permit and ask for an inspection.
COMMISSIONER HENNING: Why does it take a contractor?
MR. SCHMITT: Well, if you're going to do it as owner/builder,
the way the code reads, you certainly, as an owner of your home, you
can pull a permit as an owner/builder.
COMMISSIONER HENNING: An after-the-fact?
MR. SCHMITT: No, sir. It would be an emergency permit.
And it's clear in the code -- I have a copy of extracts of the code. I
know I gave it to some of the commissioners. I didn't give it to
Commissioner Coy Ie or Commissioner Henning. I'll be glad to --
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COMMISSIONER COYLE: Well, you've already retracted that
permit fee, haven't you?
COMMISSIONER HENNING: No.
MR.OCHS: Yes, sir.
COMMISSIONER HENNING: Yes?
COMMISSIONER COYLE: Yes, he has.
MR. SCHMITT: Yes, sir. I retracted -- based on the code -- and
I've highlighted the sections in there. And, Commissioner, let me --
let me address the one issue on the second page.
Commissioner Henning, it says, emergency repairs: Where
equipment replacement or repairs must be performed in an emergency
situation, a permit application shall be submitted with the next
working business day to the building official.
What you're asking for is -- and to clarify, you're asking for the
building official to have someone come out and do a technical
inspection of the work. And if the homeowner doesn't want a
technical inspection, that's between you and, you know, whatever,
your family or your insurance company or whatever, I'm not sure.
But to answer your question, I -- we retracted the requirement.
Let me give a brief history. In the short term, the code went into
effect the first of March, the Florida Building Code. The sections that
I gave you, double slash lines are the additions that were added in the
2007 Florida Building Code that adds clarification.
We're going to go to the Board of Adjustment and Appeals,
which is your local board. You have members that sit on that board.
We'll address this issue with the Board of Adjustment and Appeals.
My building director, Bob Dunn, is here, and basically he's
already working on seeking what is called a declaratory statement
from the Florida Building Commission so we can clarify that intent.
We went out and canvassed -- and Bob, I didn't pull those -- I
have it in the back. We went out and canvassed throughout the State
of Florida counties and municipalities, and roughly two-thirds require,
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April 14, 2009
one-third do not, of those that responded so far. See, most of the -- at
least the majority of those, at least two-thirds, have responded that
they have and -- either have since the enforcement of this code or
since the 2004 code, have required a building permit for the
replacement of a hot water heater.
The difficulty is, in some regards, is what you are replacing, is it
like kind for like kind? Is it replacement from electric to gas or gas to
electric? And oftentimes there's modifications that have to be
performed, and those are the concerns.
So the issue is, does the -- does the building official not require a
technical inspection? And, again, for clarification, the permit is a --
it's not asking the government, can you do it? It's asking for the
building official to have an inspector go out and perform a technical
inspection to ensure it was installed correctly.
And if the homeowner chooses not to do that, it's the
homeowner's option. I'm not -- there's just no way we can have
enforcement and I can enforce the entire -- that policy through the
entire county. It's just a -- it's no different than the swap out of a
compressor and pump system for an AlC unit or roofing or running
electrical wire or any other type of work that you do in your home.
That's -- if you do it in your home and you choose to do it
without a permit, that's certainly your decision. I don't know how
much clearer I can be on that.
COMMISSIONER HENNING: Well, I guess my concern -- one
of my concerns about requiring a permit is -- is the old water heater.
MR. SCHMITT: Yes.
COMMISSIONER HENNING: Usually you set it out and let the
garbage guy pick it up.
MR. SCHMITT: Yes.
COMMISSIONER HENNING: I would hate to see somebody
have the idea that, you know, I don't want government in my house. I
know what I'm doing replacing a water heater. But I've got this old
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water heater. What should I do with it?
MR. SCHMITT: Put it out on your curb. I don't have the staff
nor the folks to go out and check to see if you pulled a permit. It's no
different if you put a box out in front of your house for -- and you're
going to wire a new fan for your house. I'm not talking about
replacement. I'm talking about running new wire, junction box, and a
fixture. Legally you're required to get a permit to do -- perform a
technical inspection.
I mean, that's just -- I hear what you're saying. I mean, it's just --
I don't have the resources to do that. It's -- we've tried to make this as
painless as possible through the -- to allow contractors to do it through
a convenience permit, over-the-counter permit. We will seek
clarification from the Board of Adjustment and Appeals, and we will
get a declaratory statement from the Florida Building Commission and
from the -- you're going to go BOAF as well, Building Officials
Association, Florida Building Officials Association, and we'll get a
determination. We'll bring that all back to you so you understand
basically what the Florida Building Commission, what their intent is.
It will be an official ruling. Your Board of Adjustment and Appeals
will also rule on that as well for a local decision.
COMMISSIONER HENNING: Thank you.
MR. SCHMITT: Yeah.
CHAIRMAN FIALA: And Commissioner Coletta, also, I
wanted to ask you, did you send out a press release with --
MR. SCHMITT: Yes, ma'am.
CHAIRMAN FIALA: -- relating to that?
MR. SCHMITT: I sent a press release out yesterday.
CHAIRMAN FIALA: Okay, fine. Very good.
Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. First, Joe, I want to thank
you very much for the wonderful job you're doing.
MR. SCHMITT: Well, thank you.
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COMMISSIONER COLETTA: You are acting on behalf, as you
should have, for the rules and regulations and the safety of the public,
and I can understand that, and I don't want you to change that. And if
we decide to go a different direction, then that's this commission's
choice, and you stand by your convictions at all times.
However, my argument with the water heater's always been, you
previously inspected with the original installation all the piping and all
the electrical fixtures that go into it. As long as those aren't altered, I
don't see what the issue is.
Now, I can understand what you're saying, if somebody wanted
to convert to natural gas, probably quite unlikely, but that might be a
situation that would arise, and the average homeowner might be
beyond his scope of expertise running the vent pipes up through the
ceiling and the whole business would be connected with it.
At that point in time, I mean, only common sense would tell you,
you bring in a professional and you pull the necessary permits to make
sure that everything's safe, because you don't want to have to deal with
an unsafe condition where the natural gas, once it's burned, is vented
into the garage or the lower portion of a house. That would be beyond
-- that would be beyond any kind of safety measures.
So, you know, how are we going to be able to deal with the real
issue, which is a standard water heater, which at 40 gallons, replacing
another 40-gallon water heater, the public -- if we offered it as an
option, can we do that? Is that something you can ask the questions
when you're going before these different governing agencies?
MR. SCHMITT: To answer your question, yes. There are some
communities that do a local amendment to the building code. You
cannot relax the code, but you can provide an alternative. And
interesting though is one jurisdiction that actually did that, and we're
checking into it, that basically it was like a $25 permit, that the
contractor actually self-certified, and then the building official was
sent out and did periodic compliance inspections, similar to what we
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do with a private provider. But that still is somewhat putting the onus
on an owner to notify.
W e'lllook at this, because I agree with you. I'll use a great
example. A few weeks ago I just changed the garbage disposable,
okay, I rewired and -- but it's a plug-in, but it's still plumbing. It's still
connecting. It's a replacement.
And granted, 99 percent of the time there's no problem if it's a
like kind for like kind. We may look at just trying to say that, if it's a
like kind for like kind.
The danger for the building official when you look at the code,
you don't want to create a situation where you're saying to a
homeowner, Harry the handyman can come and do it, and then they
say -- then there's an accident or something happens and they say,
well, the county didn't require a permit. That's the issue.
And so there is a -- government is risk adverse, and there is a
situation here, the government can't turn its back on the Florida
Building Code. And so once we get clarification, we'll come back to
you and explain it to you.
And if you want to look at some other modification -- because
you're right. You know, garbage disposal, what is that? I mean,
probably most of us can do it. Some people can't. But don't forget to
knock out the punch-out if you're going to connect the dishwasher.
That's the key; otherwise, if you live in a condo, you might get your
neighbors below you excited.
But, no, it's -- a hot water tank, most of them can, like kind for
like kind. It might take minimum modification. The code is clear
now, it requires the pan, the drip pan, all those other type of things that
are required now in code. There's a whole section on water heaters,
and it's the Rules Commission that put these in, and we have a local
member of the Rules Commission. Brad Schiffer is, in fact, a member
who provides advice to the state on application of the code.
So we will -- we will get clarification as to what the intent was
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when they -- when they prepared this code.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yeah. I don't think it was so much
that government wanted to get into anybody's life. I think it's the idea
that it's -- in one way it's protecting the citizen. For instance, if
somebody decides they want to replace their hot water heater -- and
let's use an example of a gas water heater, whether it's propane or
whether it's natural gas. If somebody inadvertently doesn't tighten the
joints correctly where the gas is going to the hot water heater, you
could end up with an explosion in the house.
So if the insurance company comes out and sees that the hot
water heater was recently repaired, then you've got the problem of
proving that it was installed correctly or that you may end up voiding
your Insurance.
So there's a couple of ways of looking at this thing. And if the
hot water heater was installed and you did it on your own and you
miswired it or whatever, the end result is that if there is an accident,
the insurance company comes out, investigates it and says, somebody
replaced the hot water heater. Was this an approved replacement?
And if you can't prove that, you may jeopardize your homeowners
insurance. But that's just another aspect.
MR. SCHMITT: Absolutely.
CHAIRMAN FIALA: You'll be coming back to us with all of
this, right?
MR. SCHMITT: One other point is, it's -- I'm not protecting you
against yourself. Most times permitting is protecting the neighboring
property owner, and in a condo, normally the other residents within
the building. If there's a failure and a hot water tank fails and it
creates damage throughout the building, normally that's what -- that's
what the whole permitting process and the inspection is about.
So we'll come back. We'll report to you the results of both the
BOAF. And I think I put in the press release that it would be a fairly
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short turnaround. It may be more than that because we have to go to
the BOAF first procedurally, so it may be -- Bob, what -- about 90
days before we actually get a final verdict from the state.
CHAIRMAN FIALA: Okay. Thank you very much.
Commissioner Coyle?
COMMISSIONER COYLE: I don't have -- well, there was
something that I think the public needs to know about. You know,
there was an historic occurrence earlier this week in Collier County,
and I doubt if anybody in Collier County Government or, for that
matter, in Collier County has ever achieved such a milestone. It was
Commissioner Fiala's birthday yesterday, so I think we should--
CHAIRMAN FIALA: Historic.
COMMISSIONER COYLE: -- say Happy Birthday.
COMMISSIONER COLETTA: She's got it coming. She's done
it to me twice.
CHAIRMAN FIALA: I've got it coming?
COMMISSIONER COLETTA: Come on. You lead off,
Commissioner Halas. You've got the --
(Happy Birthday was sung in unison.)
CHAIRMAN FIALA: I've got to be as red as a beet, right?
Thank you, fellows. I really appreciate that kindness. Thank you, and
especially you, Commissioner Coyle.
COMMISSIONER COYLE: Ninety-six years?
CHAIRMAN FIALA: Ninety-six.
COMMISSIONER COYLE: That's amazing.
CHAIRMAN FIALA: See, and the reason he can do that, his
birthday falls in August when we're all gone. He can get away
without us singing to him.
Commissioner Halas?
COMMISSIONER HALAS: Yes. I just want to say that my
prayers, and I think all of the -- everybody on this Board of
Commissioners, hopes that -- we know that Jim Mudd will beat this.
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He's a hell of a fighter, and we look forward to him being back with a
lot more vim and vigor when he works through this process.
So Jim, all of our cares and wishes are with you.
CHAIRMAN FIALA: Ditto.
Two fast things that I'd like to say. One of them is, on the
petitions, our petitions are getting more and more, and I think in some
cases some of these petitions that are brought before us could actually
be handled by just talking with staff members. And I was wondering
if before --
COMMISSIONER HALAS: Yes.
CHAIRMAN FIALA: -- petitions come before us, maybe
whoever they're submitted to, we could then ask them if they would --
and we can direct them to the right staff member and see if they can
work it out amongst them before it then comes to us. I would
appreciate all of us doing that, if that's okay with everybody. That
might help to --
COMMISSIONER HENNING: I try to work it out with -- I
always work with the County Manager's Office on constituent's
concerns, and they're very open about them.
CHAIRMAN FIALA: Great.
COMMISSIONER HENNING: Now, some of the things I don't
even bring to the County Manager's Office because it's not reasonable
what they're asking.
CHAIRMAN FIALA: And how about when they contact you,
Leo, to ask for a petition on here? Maybe they hadn't talked with any
one of us but they still ask you, do you then help them get through it
before they come before us on a petition?
MR. OCHS: Yes, ma'am, we typically do. It's a bit of a fine
line. We certainly don't want to discourage anybody from the right to
petition their government.
CHAIRMAN FIALA: Sure.
MR.OCHS: But at the same time, if it's something that we can
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handle at the staff level, we would suggest an alternative to them first
with the obvious caveat that, you know, if they don't want to go that
route, they ultimately have the ability to come and petition the board
directly.
But I think this is a great idea that the commissioners are making
that, to the extent that we can handle those in a venue other than the
board meeting and still get satisfaction for the customer, that's what
we ought to try to do.
COMMISSIONER HENNING: Make it happen much quicker.
CHAIRMAN FIALA: That's exactly -- expediency is what I'm
really talking about, rather than having to wait and wait. Some, they
have to come before us and ask, and we have to bring it back so we
can have a full discussion. Some can be handled a little bit less. I
know I've had a couple people call me wanting to do that, and I've
hooked them up through the different channels. And, you know, by
the next day their problem is solved. So, you know, sometimes that
can happen. So I'm just suggesting to all of you.
Commissioner Halas?
COMMISSIONER HALAS: That's a great suggestion. I have a
lot of concerns that -- with my constituents that send emails to me in
regards to problems, and we try to address it through AIM's, and if
that doesn't work, then we try to work with staff and have private
meetings. And a lot of times we can get -- we get a lot of the stuff
done to where we don't have to bring it before the Board of County
Commissioners. We have other more important work that needs to be
done.
And if there is a case where we don't need to get -- have it come
before the board -- or it does have to come before the board, then that's
the last resort. That's the way I try to work things is to make sure that
we can address all the issues with staff, have meetings with people,
and try to direct it in that manner.
CHAIRMAN FIALA: Okay. Is that your button?
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COMMISSIONER COLETTA: Yes, yes it is.
CHAIRMAN FIALA: Okay.
COMMISSIONER COLETTA: Yeah. I want you to know that
everything you've suggested has been done by this commissioner. I
don't immediately bring them to public petition.
I first go through the AIMs issue. After the AIMs issue, it's
exhausted through staff. If it's something that's beyond a staff
decision to make -- I won't force it. I don't believe that staff should
have any more authority than we've granted them. If it comes to that
issue, that's when they come before us. I'm very careful about that.
But then again, too, if I've got somebody that absolutely insists,
even though I tell them I don't agree with them, who want to bring it
before the county commission, I'm not going to tell them they can't. I
know I got the --
CHAIRMAN FIALA: Oh, no. It's not pointed just at you
because we all -- we all have people contacting us about that.
COMMISSIONER COLETTA: I know.
CHAIRMAN FIALA: And they contact sometimes just the
County Manager's Office. So I thought that we would all be in this
together to solve the problem.
COMMISSIONER COLETTA: Sure. But I exhaust all
possibilities. I know I've got an exorbitant amount of public petitions
that come through my office, and I'm proud of it, absolutely proud of
it.
CHAIRMAN FIALA: I know.
COMMISSIONER COLETTA: But I give them the opportunity
to listen to these people when they come forward in the most unusual
circumstances that you could ever imagine.
CHAIRMAN FIALA: Okay. The second thing I wanted to talk
about real quickly, and that is the county preference policy that we've
been enforcing, and the county preference policy has allowed us now
-- we voted on this, that we can go into Lee County as well and we
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have a reciprocal. But I've noticed that all of the -- most all of the
items that are awarded seem to be awarded into the Lee County area.
It's probably because they can bid lower because they have lower
expenses there, which means they keep their people working, but our
people aren't working.
And I was wondering if anyone else has been concerned with that
as well. Yes?
COMMISSIONER HENNING: There's only one that I really
noticed, and that's a landscaping contractor. Historically he's been the
lowest anyways.
The local preference extended out to Lee County, a lot of local
contractors wanted that because it prevented them from going over to
Lee County and doing work, correct?
CHAIRMAN FIALA: Well, I've asked -- I've asked somebody
in staff to find out how many of our people get Lee County work
versus how many of their people get our work, just to make sure that
we've got people working. I'm just -- I'm just worried about keeping
people working. We find so many people whose homes are being
foreclosed on because they can't find work.
COMMISSIONER HENNING: Well, I'll tell you, if you really
want to have an effect on getting locals to work, there is a -- CCNA
does not allow you to award on local, but you can, on the scoring for
RFQs, you can give a percentage of -- you know, as far as their
qualification.
MR. OCHS : Yes, sir.
COMMISSIONER HENNING: Port Charlotte is using this
widely. So that's something that really should be done is give a -- give
a point spread for being local and a larger point spread, and you'll get
-- you'll get a lot more of -- a lot more work. And I see everybody
agreeing with me, so --
CHAIRMAN FIALA: Yeah. Len, could we just look into that a
little bit? I just want to make sure that we keep people working here
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in Collier and that we don't -- we don't shift all of our work to Lee,
and all the taxes then are paid into Lee as well, and we lose a revenue
base there. I just -- I'm just concerned with keeping our people to
work.
MS. PRICE: Understood. Commissioner, we did look into it.
For right now, since we've instituted the local agreement with Lee
County, about 9 percent of our bids went to Lee County firms.
And Commissioner Henning, to -- in response to what you were
talking about with the CCNA, we do that now, and we will continue to
do that, where we give -- you know, as part of the points, we give
extra percentage, extra points for a local office.
COMMISSIONER HENNING: How much do you give?
MS. PRICE: I believe it depends upon the bid and how much--
what the other qualifications are, but I believe we add up to ten points.
COMMISSIONER HENNING: And as low as -- and as less as?
MS. PRICE: I couldn't answer that, probably -- probably no less
than five, because at that point it wouldn't have any value. But I will
get back to you and let you know exactly what that is. And I believe
that in June we owe you a report on a local vendor preference and how
it's going, and we're working on preparing that as well.
CHAIRMAN FIALA: Oh, good, thank you. I just wanted to --
I'm just kind of protective over our people.
Commissioner Halas?
COMMISSIONER HALAS: I'd just as soon see that ordinance
recalled. That's--
CHAIRMAN FIALA: I've been concerned with that, too.
COMMISSIONER HALAS: Just as soon recall that ordinance.
CHAIRMAN FIALA: Okay, fine. Well, thank you for letting
me VOIce my concerns.
And with that, Commissioners, may I have a motion to adjourn?
COMMISSIONER HALAS: Motion to adjourn.
CHAIRMAN FIALA: And do I hear a second?
Page 199
April 14, 2009
COMMISSIONER COLETTA: Second.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: A couple seconds. Thank you very much
for being here.
Jim, get well. We're all praying for you.
Meeting adjourned.
*****
* * * *Commissioner Coletta moved, seconded by Commissioner
Halas and carried 4/1 (Commissioner Henning opposing), that the
following items under the Consent and Summary Agendas be
approved and/or adopted * * * *
Item #16Al
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR PLAYER'S COVE - W/RELEASE OF ANY
UTILITIES PERFORMANCE SECURITY
Item #16A2
FINAL AND UNCONDITIONAL CONVEYANCE OF THE
WATER AND UTILITY FACILITY FOR ALDEN WOODS -
W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY
Item #16A3
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITY FOR MOORGATE POINT - W/RELEASE OF ANY
UTILITIES PERFORMANCE SECURITY
Page 200
April 14, 2009
Item #16A4
FINAL AND UNCONDITIONAL CONVEYANCE OF THE
WATER UTILITY FACILITY FOR OMNI II - W/RELEASE OF
ANY UTILITIES PERFORMANCE SECURITY
Item #16A5
FINAL AND UNCONDITIONAL CONVEYANCE OF THE
WATER UTILITY FACILITY FOR MILLER'S ALEHOUSE AT
THE PROMENADE AT NAPLES CENTRE - W/RELEASE OF
ANY UTILITIES PERFORMANCE SECURITY
Item #16A6
RESOLUTION 2009-83: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF BRISTOL PINES, PHASE I WITH
THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING
PRIV A TEL Y MAINTAINED - W/RELEASE OF THE
MAINTENANCE SECURITY
Item #16A7
RESOLUTION 2009-84: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF BELLAGIO AT FIDDLER'S CREEK
WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS
BEING PRIV A TEL Y MAINTAINED - W/RELEASE OF THE
MAINTENANCE SECURITY
Item #16A8
Page 201
April 14, 2009
RECORDING THE FINAL PLAT OF ALLIGATOR ALLEY
COMMERCE CENTER PHASE TWO - DEVELOPER MUST
RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC
FACILITIES PRIOR TO THE ISSUANCE OF THE FINAL
APPROVAL LETTER - LOCATED IN SECTION 34, TOWNSHIP
49 SOUTH~ RANGE 26 EAST~ COLLIER COUNTY
Item #16A9
STORMW A TER MANAGEMENT RELEASE STATEMENT TO
FULFILL A REQUIREMENT OF THE YOUTH HAVEN SDP
APPROVAL - AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16AI0
RECORDING THE FINAL PLAT OF CORTILE AT MEDITERRA
PARCEL 118 REPLA T - DEVELOPER MUST RECEIVE A
CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO
THE ISSUANCE OF THE FINAL APPROVAL LETTER
Item #16All
RECORDING THE FINAL PLAT OF HERITAGE BAY, LIONS
BAY COURT REPLAT - DEVELOPER MUST RECEIVE A
CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO
THE ISSUANCE OF THE FINAL APPROVAL LETTER
Item # 16A 12 - Continued to the May 12, 2009 BCC Meeting (Per
Agenda Change Sheet)
AMENDMENTS TO THE CODE ENFORCEMENT BOARD'S
Page 202
April 14, 2009
RULES AND REGULATIONS - TO ALLOW FLEXIBILITY IN
THEIR RULINGS
Item #16A13
SETTLEMENT OFFER PROVIDING FOR COMPROMISE AND
RELEASE OF LIEN IN THE CODE ENFORCEMENT ACTION
RELATING TO PROPERTY LOCATED AT 2946 45TH AVENUE
NE, COLLIER COUNTY, FLORIDA - RELEASING A $25,959.32
LIEN IN EXCHANGE FORA PAYMENT OF $13,000 FOR THE
OSM CASE NO. 2007050335
Item #16Bl
PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND
UTILITY EASEMENT (PARCEL 1626RDUE) REQUIRED FOR
THE VANDERBILT BEACH ROAD EXTENSION PROJECT.
(PROJECT NO. 60168 - PHASE II.) ESTIMATED FISCAL
IMPACT: $8,600.00 - FOR AN 18,000 SQUARE FOOT
EASEMENT THAT IS PART OF A RESIDENTIAL PARCEL
LOCATED AT 4245 10TH AVE NE~ IN GOLDEN GATE ESTATES
Item # 16B2
AWARD BID #09-5161, FOR THE PURCHASE AND DELIVERY
OF METAL AND POLYETHYLENE PIPE TO FERGUSON
WATERWORKS, COAST PUMP AND SUPPLY CO., CONTECH
CONSTRUCTION PRODUCTS, INC., HD SUPPLY
WATERWORKS INC. AND METAL CULVERTS, INC. FORAN
ESTIMATED ANNUAL EXPENDITURE OF $50~000
Item #16B3
Page 203
April 14, 2009
ACCEPT REVENUE FOR COLLIER AREA TRANSIT IN THE
AMOUNT OF $23,900.00 AND TO APPROVE NEEDED
BUDGET AMENDMENTS - PAYMENT BY SEMBLER F AMIL Y
PARTNERSHIP #41 LTD TO MEET THE CONDITIONS OF THE
BROOKS VILLAGE CPUD DEVELOPER'S COMMITMENTS
Item #16B4
BUDGET AMENDMENT IN THE AMOUNT OF $57,349.72 FOR
TRAFFIC ACCIDENT REIMBURSEMENTS, PROJECT #60076.1,
AND TO RECOGNIZE REVENUES FOR FUTURE REPAIRS -
TO REPLACE DAMAGED PLANT MATERIAL AND BROKEN
IRRIGATION COMPONENTS DUE TO TRAFFIC ACCIDENTS
ON LANSCAPED MEDIANS
Item #16B5
REJECT BID #09-5218 "GOLDEN GATE OVERPASS (BEARS
PAW TRAIL TO LIVINGSTON ROAD) LANDSCAPE
MAINTENANCE" - DUE TO THE BIDDER'S OMITTING
REQUIRED INFORMATION REGARDING THEIR
QUALIFICA TIONS
Item # 16B6
AWARD BID #09-5089 "LEL Y GOLF ESTATES MSTU
ROADWAY GROUNDS MAINTENANCE" TO FLORIDA LAND
MAINTENANCE, INC. D/B/A COMMERCIAL LAND
MAINTENANCE, INC. IN THE ESTIMATED ANNUAL
AMOUNT OF $75,233.00 - FOR AN INITIAL CONTRACT
PERIOD OF ONE YEAR WITH THREE (3) ONE YEAR
Page 204
April 14, 2009
RENEW ALS
Item #16B7
AWARD BID #09-5189 "FOREST LAKES MSTU PROJECTS
F45/F50 DRAINAGE SWALE REPAIR & RESTORATION" TO
EARTH TECH ENTERPRISES, INC. IN THE AMOUNT OF
$122~450.00
Item #16B8
PURCHASE OF 5 ACRES OF UNIMPROVED PROPERTY
REQUIRED FOR THE CONSTRUCTION OF A STORMWATER
RETENTION AND TREATMENT POND FOR PHASE II OF THE
VANDERBILT BEACH ROAD EXTENSION, PROJECT #60168,
IN THE AMOUNT OF $150,950 - LOCATED AT 10TH AVENUE
NE, THE EAST AND WEST HALF OF TRACT 87 UNIT 18,
GOLDEN GATE ESTATES
Item #16B9
AWARD BID #09-5185 FOR PREPARATION AND DELIVERY
OF TITLE COMMITMENTS AND REAL ESTATE CLOSING
SERVICES - AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16BI0
AWARD BID #09-5173, "LANDCARE SERVICES FOR ROAD
AND BRIDGE" TO CARIBBEAN LAWN & GARDEN OF SW
NAPLES FL, INC. AND EDEN LANDSCAPING, INC. FOR AN
ESTIMATED ANNUAL EXPENDITURE OF $300,000 - FOR
RURAL NON-CURB GUTTER MOWING AND LITTER
Page 205
April 14, 2009
REMOV AL
Item #16Bll
PROPOSED AMENDMENT TO ORDINANCE NO. 92-40, AS
AMENDED, WHICH CREATED THE IMMOKALEE
BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT, TO
EXPAND THE BOUNDARIES TO MATCH THE URBAN
BOUNDARY WITHIN CURRENT IMMOKALEE COMMUNITY
REDEVELOPMENT AGENCY (ICRA) BOUNDARIES -
EXPANSION WILL INCREASE THE DISTRICT'S TAXABLE
VALUE BASE AND INCREASE PROPERTY TAX DOLLARS
FOR THE 2010 TAX YEAR
Item #16B12
EXPENDITURES FOR CAPITAL IMPROVEMENTS WITHIN
THE NAPLES PRODUCTION PARK AND PINE RIDGE
INDUSTRIAL PARK MUNICIPAL SERVICE TAXING UNITS
(MSTUS) - AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16B13 - Moved to Item #10G (Per Commissioner Henning
during Agenda Changes)
Item #16Cl
WORK ORDER UNDER CONTRACT #07-4088 TRENCHLESS
SEWER SYSTEM REHABILITATION CONTRACTING
SERVICES IN THE AMOUNT OF $692,225.00 TO MILLER
PIPELINE CORPORATION TO COMPLETE REHABILITATION
OF SEWER LINES IN NORTH NAPLES (AREA 1-4); PROJECT
#73050 - TO ENHANCE THE PERFORMANCE OF THE
Page 206
April 14, 2009
WASTEWATER COLLECTION SYSTEM BY ELIMINATING
INFLOW AND INFILTRATION TO SANITARY SEWERS AND
MANHOLES
Item #16C2
AMENDMENT TO THE FLORIDA INNOVATIVE WASTE
REDUCTION AND RECYCLING GRANT, SCHOOL BEVERAGE
CONTAINER RECYCLING CHALLENGE PROGRAM GRANT
AGREEMENT #IG8-07, FROM THE FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION (GRANT AGREEMENT)
TO RECOGNIZE THE SIGNATURE OF THE CURRENT
CHAIRMAN OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS (BCC)
Item #16C3
AMENDMENT TO THE FLORIDA INNOV A TIVE WASTE
REDUCTION AND RECYCLING GRANT, COLLIER COUNTY
SEASONAL AND YEAR ROUND BUSINESS HOW TO
RECYCLE VIDEOS GRANT AGREEMENT #IG8-09, FROM THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION TO RECOGNIZE THE SIGNATURE OF THE
CURRENT CHAIRMAN OF THE COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS (BCC)
Item #16C4
RESOLUTION 2009-85: EXPRESSING OPPOSITION TO
PROPOSED FLORIDA HOUSE BILL 5121, WHICH WOULD
IMPOSE A NEW SOLID WASTE DISPOSAL "TIPPING FEE" OF
$1.25 PER TON ON ANY OWNER OF A PERMITTED SOLID
Page 207
April 14, 2009
WASTE FACILITY FOR SOLID WASTE DISPOSED AT THE
DISPOSAL SITE - POSSIBLE FISCAL IMPACT OF $350,000
BASED ON FY2010 DISPOSAL PROJECTIONS
Item #16Dl
ACCEPT FUNDING FROM SOUTH FLORIDA WATER
MANAGEMENT DISTRICT (SFWMD) IN THE AMOUNT OF
$20,000.00 FOR THE FLORIDA YARDS & NEIGHBORHOOD
PROGRAM MANAGED BY THE COLLIER COUNTY
UNIVERSITY OF FLORIDAlIFAS EXTENSION DEPARTMENT,
AND APPROVE A BUDGET AMENDMENT IN THE AMOUNT
OF $20,000.00 - TO INCREASE RESOURCE CONSERVATION
OUTREACH EDUCATION, SPECIFICALL Y WATER
CONSERVATION
Item #16D2
CHAIRMAN TO SIGN, FIVE (5) DEVELOPER LIEN
AGREEMENTS FOR DEFERRAL OF 100% OF COLLIER
COUNTY IMPACT FEES FOR OWNER-OCCUPIED
AFFORDABLE HOUSING UNITS LOCATED IN COLLIER
COUNTY - DEFERRING $119,926.50 IN IMPACT FEES FOR
HABITAT FOR HUMANITY'S NAPLES MANOR ADDITION
Item #16D3
ACCEPT CONVEYANCE OF A SOVEREIGNTY SUBMERGED
LANDS EASEMENT FROM THE BOARD OF TRUSTEES OF
THE INTERNAL IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA FOR THE COLLIER BOULEVARD
BOATING PARK AT A TOTAL COST NOT TO EXCEED
Page 208
April 14, 2009
$129.00, PROJECT #800711 - TO EXPAND THE CURRENT 19
TRAILER SPACES TO 88 TRAILER SPACES
Item #16D4
A MODIFICATION TO DISASTER RECOVERY GRANT
INITIATIVE AGREEMENT #08DB-D3-09-21-01-A03 BETWEEN
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
(DCA) AND COLLIER COUNTY FOR HURRICANE
HARDENING PROJECTS - REALLOCATING $57,000 FROM
THE SA WCC PROJECT TO THE COUNTY-WIDE SINGLE
FAMILY REHABILITATION PROGRAM DUE TO FUNDING
A V AILABIL TY AND CONSTRUCTION SCHEDULES
Item #16D5
EIGHT (8) OWNER-OCCUPIED LIEN AGREEMENTS FOR
DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES
FOR OWNER-OCCUPIED AFFORDABLE HOUSING
DWELLING UNITS LOCATED IN COLLIER COUNTY -
TRANSFERRING DEFERRALS IN THE AMOUNT OF
$156,910.18 FROM BUILDER TO OWNERS FOR LOT
NUMBERS: TRAIL RIDGE LOT 180, $19,372.46; TRAIL RIDGE
LOT 185, $22,325.96; TRAIL RIDGE LOT 61, $19,372.46; TRAIL
RIDGE LOT 64, $19,372.46; LIBERTY LANDING LOT 117,
$12,442.46; TRAIL RIDGE LOT 63, $19,372.46; TRAIL RIDGE
LOT 184~ $22~325.96~ TRAIL RIDGE LOT19L $22~325.96
Item #16D6
SUMMARY OF THE IMPACT FEE DEFERRAL AGREEMENTS
RECOMMENDED FOR APPROVAL IN FY09, INCLUDING THE
Page 209
April. 14, 2009
TOTAL NUMBER OF AGREEMENTS APPROVED, THE TOTAL
DOLLAR AMOUNT DEFERRED AND THE BALANCE
REMAINING FOR ADDITIONAL DEFERRALS IN FY09 - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16D7
CHAIRMAN TO SIGN AN INTERLOCAL AGREEMENT FOR
BEACH MAINTENANCE BETWEEN COLLIER COUNTY, THE
CITY OF MARCO ISLAND, AND HIDEAWAY BEACH
DISTRICT - REIMBURSEMENTS OF BETWEEN $6,000 AND
$9~000 ANNUALLY ARE EXPECTED
Item #16D8 - Withdrawn (Per Agenda Change Sheet)
BID #09-5221, MODULAR HOMES FOR HOUSING AND
HUMAN SERVICES DEPARTMENT, TO IDYLL
CONSTRUCTION, INC. IN THE AMOUNT OF $344,259.00 TO
PROVIDE REPLACEMENT HOMES USING DISASTER
RECOVERY INITIATIVE FUNDS TO FOUR (4) CITIZENS
WHOSE HOMES WERE SEVERELY DAMAGED AS A RESULT
OF HURRICANE WILMA
Item #16D9
RFP #08-5128 FOR THE PROVISION OF PHARMACY
SERVICES FOR THE SOCIAL SERVICES PROGRAM TO
SUNSHINE PHARMACY, INC. AND COLLIER HEALTH
SERVICES - SERVING THE IMMOKALEE AND NAPLES
Item #16D10
Page 210
April 14, 2009
CHAIRMAN TO SIGN A MODIFICATION TO DISASTER
RECOVERY GRANT INITIATIVE AGREEMENT #07DB-3V-09-
21-01-Z01 BETWEEN THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS (DCA) AND COLLIER COUNTY FOR
HURRICANE HARDENING PROJECTS DELAYED DUE TO
PERMITTING ISSUES BY UPDATING WORK SCHEDULES ON
FILE WITH THE DCA FOR EACH PROJECT
Item #16Dl1
BID #09-5163 TO PROFESSIONAL BUILDING SYSTEMS FOR A
CONSTRUCTION CONTRACT OF $180,419.00 FOR THE
CONNER PARK PARKING LOT EXPANSION PROJECT
#90039.1
Item #16El
RECEIPT OF $11.89 FROM NATIONWIDE RETIREMENT
SOLUTIONS AND FOR THE HUMAN RESOURCES
DEPARTMENT TO ACCEPT FUTURE SIMILAR SETTLEMENT
CHECKS - DUE TO A FUND ESTABLISHED AS THE RESULT
OF ADMINISTRATIVE PROCEEDINGS BY THE SECURITIES
AND EXCHANGE COMMISSION COMPENSATING
INVESTORS DETERMINED TO BE HARMED BY LATE
TRADING AND OTHER MARKET ACTIVITY FROM APRIL 3,
2000 THROUGH OCTOBER 18~ 2001
Item # 16E2
RESOLUTION 2009-86: SUPPORTING THE CREATION OF A
SPECIALTY LICENSE PLATE THAT WOULD RECOGNIZE
THE CONTRIBUTIONS OF WEST POINT GRADUATES AND
Page 211
April 14, 2009
ENLIGHTEN OTHERS WITH AN AWARENESS OF THE
EDUCATIONAL AND CAREER OPPORTUNITIES THAT WEST
POINT OFFERS
Item # 16E3
MILANO PRESERVE FINAL MANAGEMENT PLAN UNDER
THE CONSERVATION COLLIER LAND ACQUISITION
PROGRAM - CONSISTING OF 18.46 ACRES, LOCATED ON
THE NORTH SIDE OF IMMOKALEE ROAD AND 2.10 MILES
EAST OF 1-75
Item #16E4
RESOLUTION 2009-87: STATUTORY DEED FOR THE
CONVEYANCE OF COUNTY-OWNED PROPERTY (MOBILE
HOME SITES) WITHIN THE BA YSHORE/GA TEW A Y
COMMUNITY REDEVELOPMENT AREA TO THE COLLIER
COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA);
AND WAIVE ANY CODE ENFORCEMENT PENAL TIES
LEVIED AGAINST THE PROPERTY THAT ARE NOT
ASSOCIATED WITH COSTS INCURRED BY THE COUNTY
CODE ENFORCEMENT DEPARTMENT TO ABATE THE
VIOLATIONS: SITE ADDRESS 3155 & 3175 KAREN DRIVE.
(COMPANION TO ITEM 16G5)
Item # 16E5 - Moved to Item #10F (Per Commissioner Henning
during Agenda Changes)
Item # 16E6
CORRECT SCRIVENER'S ERROR IN PURCHASING POLICY
Page 212
April 14, 2009
REGARDING THE HIRING OF LEGAL EXPERTS AND
CONSULTANTS PERTAINING TO ON-GOING LITIGATION -
PREVIOUSLY APPROVED ON FEBRUARY 10~ 2004
Item #16Fl
RESOLUTION 2009-88: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2008-09
ADOPTED BUDGET
Item #16F2
RESOLUTION 2009-89: SUPPORTING A SEMINOLE INDIAN
GAMING COMPACT WHICH INCLUDES A REVENUE
SHARING AGREEMENT WITH LOCAL GOVERNMENTS
THAT PROVIDES FIVE (5) PERCENT OF CASINO REVENUES
DIRECTLY TO AFFECTED LOCAL GOVERNMENTS TO
OFFSET IMPACTS TO INFRASTRUCTURE
Item #16F3
GRANT APPLICATION TO VISIT FLORIDA IN THE AMOUNT
OF $5,000 TO OFFSET SOME OF THE COST OF A CULTURAL
ARTS BROCHURE FOR COLLIER COUNTY AND AUTHORIZE
THE TOURISM DIRECTOR TO SIGN THE GRANT
APPLICATION
Item #16Gl
CRA REVIEW AND APPROVE THE BA YSHORE GA TEW A Y
TRIANGLE CRA GOALS AND OBJECTIVES FOR 2009
Page 213
April 14, 2009
Item #16G2
CRA RESOLUTION 2009-90: BOARD OF COLLIER COUNTY
COMMISSIONERS ACTING AS THE GOVERNING BODY OF
THE BA YSHORE BEAUTIFICATION MUNICIPAL SERVICES
TAXING UNIT (MSTU) APPROVE A RESOLUTION
ACCEPTING THE DONATION OF PLANT MATERIALS FROM
AMERICAN FARMS FOR THE BEAUTIFICATION OF PUBLIC
RIGHT-OF-WAYS WITHIN THE BAYSHORE
BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT
AREA
Item #16G3
CRA BOARD'S COMMITMENT OF FUNDS AGREEMENT FOR
REIMBURSEMENT OF $300,000.00 FOR INFRASTRUCTURE
DEVELOPMENT COSTS TO FLORIDA NON PROFIT
SERVICES, INC. FOR THE RENTAL HOUSING PORTION (176
RENTAL UNITS) OF THE AFFORDABLE HOUSING PROJECT
KNOWN AS ESPERANZA PLACE, LOCATED IN THE
IMMOKALEE COMMUNITY REDEVELOPMENT AREA AT
2702 IMMOKALEE DRIVE~ IMMOKALEE
Item #16G4
CRA BOARD'S COMMITMENT OF FUNDS AGREEMENT FOR
REIMBURSEMENT OF $300,000.00 FOR INFRASTRUCTURE
DEVELOPMENT COSTS TO EMPOWERMENT ALLIANCE OF
SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT
CORPORATION FOR THE HOMEOWNERS HIP PORTION (62
OWNER OCCUPIED UNITS) OF THE AFFORDABLE HOUSING
Page 214
April 14, 2009
PROJECT KNOWN AS ESPERANZA PLACE, LOCATED IN THE
IMMOKALEE COMMUNITY REDEVELOPMENT AREA AT
2702 IMMOKALEE DRIVE~ IMMOKALEE
Item #16G5
CRA'S ACCEPTANCE OF THE CONVEYANCE OF COUNTY-
OWNED PROPERTY (MOBILE HOME SITES) WITHIN
BOUNDARIES OF THE BA YSHORE/GA TEW A Y TRIANGLE
REDEVELOPMENT AREA TO ENACT THE RESIDENTIAL
INFILL PROVISION OF THE CRA'S MASTER
REDEVELOPMENT PLAN; DIRECT CRA STAFF TO RECORD
AN EXECUTED STATUTORY DEED FROM THE COUNTY;
APPROVE PAYMENT; AND AUTHORIZE THE CRA
EXECUTIVE DIRECTOR TO MAKE PAYMENT FROM THE
BA YSHORE GATEWAY TRIANGLE CRA FUND #187 FOR ALL
COSTS AND EXPENSES NECESSARY TO CLOSE THE
TRANSACTION INSURING CLEAR TITLE OF SITE ADDRESS:
3155 & 3175 KAREN DRIVE (COMPANION TO ITEM 16E4)
Item # 16Hl
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. THE COMMISSIONER ATTENDED AN EVENT
HONORING JONATHAN GREEN ON MARCH 23,2009 AT THE
NAPLES BAY RESORT YACHT CLUB IN NAPLES, FL; $50.00
PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET-
LOCATED AT 1500 FIFTH AVENUE SOUTH~ NAPLES
Item #16H2
Page 215
April 14, 2009
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. COMMISSIONER ATTENDED THE KNOW YOUR
COUNTY GOVERNMENT LUNCHEON MARCH 24, 2009 AT
EAST NAPLES UNITED METHODIST CHURCH; $10.00 PAID
FROM COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16H3
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. THE COMMISSIONER WILL ATTEND THE JUNIOR
DEPUTIES BARBEQUE ON APRIL 18,2009 AT THE JUNIOR
DEPUTIES DISCOVERY CAMP SITE; $35.00 TO BE PAID
FROM COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16H4
COMMISSIONER COLETTA'S REQUEST FOR
REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING
A VALID PUBLIC PURPOSE. THE COMMISSIONER
ATTENDED THE PROJECT INNOVATION INITIATIVES
LUNCHEON MEETING ON WEDNESDAY, MARCH 18, 2009
AT THE ECONOMIC DEVELOPMENT COUNCIL (EDC)
OFFICE IN NAPLES, FLORIDA; $6.00 TO BE PAID FROM
COMMISSIONER COLETTA'S TRAVEL BUDGET
Item #16H5
COMMISSIONER COLETTA'S REQUEST FOR
REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING
A VALID PUBLIC PURPOSE. THE COMMISSIONER
Page 216
April 14, 2009
ATTENDED THE ANNUAL MEETING OF THE EVERGLADES
SOCIETY FOR HISTORIC PRESERVATION ON TUESDAY,
MARCH 3,2009, AT THE SEAFOOD DEPOT IN EVERGLADES
CITY, FLORIDA; $12.49 PAID FROM COMMISSIONER
COLETTA'S TRAVEL BUDGET
Item #16H6
COMMISSIONER HALAS'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. THE COMMISSIONER ATTENDED THE
CELEBRA TION OF THE GORDON RIVER GREENWAY ON
WEDNESDAY, APRIL 8, 2009, AT THE PLAZA ON THIRD
STREET SOUTH IN NAPLES, FLORIDA; $50.00 TO BE PAID
FROM COMMISSIONER HALAS' TRAVEL BUDGET
Item #16H7
COMMISSIONER COLETTA'S REQUEST FOR
REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING
A VALID PUBLIC PURPOSE. THE COMMISSIONER
ATTENDED THE 2009 GALA & AUCTION FOR THE
FOUNDATION FOR THE DEVELOPMENTALLY DISABLED
ON SATURDAY, FEBRUARY 21,2009, AT THE NAPLES
BEACH HOTEL & GOLF CLUB IN NAPLES, FLORIDA; $125.00
TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL
BUDGET
Page 217
April 14, 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 218
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
April 14, 2009
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
1) Affordable Housing Commission:
Minutes of January 5, 2009; February 2, 2009.
2) Airport Authority:
Minutes of January 12, 2009; February 9, 2009.
3) Animal Services Advisory Board:
Minutes of January 20,2009; February 17,2009.
4) Bayshore/Gatewav Triangle Local Redevelopment Advisory Board:
Minutes of February 3, 2009.
5) Collier County Citizens Corps:
Minutes of February 18,2009.
6) Collier County Planning Commission:
Agenda of March 19,2009.
Minutes of December 18, 2008; January 15,2009; January 16,2009
Special Session; January 20, 2009 Special Session; January 28, 2009
Special Session; January 30, 2009 Special Session; February 5, 2009;
February 5, 2009 Special Session.
7) Contractors Licensing Board:
Minutes of February 18,2009.
8) Development Services Advisory Committee:
Minutes of February 4,2009.
9) Environmental Advisory Council:
Minutes of February 4,2009.
10) Habitat Conservation Plan Ad Hoc Committee:
Minutes of November 21, 2008; December 10, 2008 - no quorum;
January 13,2009 - no quorum; February 25,2009.
11) Immokalee Enterprise Zone Development Agency:
Agenda of February 18,2009; March 18,2009.
Minutes of January 26,2009; February 18,2009.
12) Immokalee Local Redevelopment Advisory Board:
Agenda of February 18,2009; March 18,2009.
Minutes of January 26,2009; February 18,2009; February 23,2009
Emergency Meeting w/EZDA.
13) Immokalee Master Plan and Visioning Committee:
Agenda of February 18,2009 joint w/CRA; March 18,2009 joint wi
CRA.
Minutes of January 26,2009 joint w/CRA; February 18,2009 joint
w/CRA.
14) Isles of Capri Fire Control District Advisory Committee:
Minutes of February 12,2009.
15) Land Acquisition Advisory Committee:
Minutes of January 12,2009; February 9,2009.
16) Library Advisory Board:
Agenda of March 18,2009.
Minutes of February 18,2009.
17) Parks and Recreation Advisory Board:
Minutes of February 18,2009.
18) Pelican Bay Services Division Board:
Minutes of January 12, 2009.
19) Rural Lands Stewardship Area Review Committee:
Minutes of January 6, 2009; January 16, 2009 Special Session; January
23,2009 Special Session; March 3,2009.
20) Utility Authority (Water and Wastewater Authority):
Minutes of January 26,2009.
21) Vanderbilt Beach Beautification MSTU Advisory Committee:
Minutes of January 8, 2009.
B. Other:
1) Code Enforcement Special Magistrate:
Minutes of January 12,2009.
2) Public Safety Coordinating Council:
Minutes of December 12, 2008.
April 14, 2009
Item #16Jl
DISBURSEMENTS FOR THE PERIOD OF MARCH 14, 2009
THROUGH MARCH 20, 2009 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J2
DISBURSEMENTS FOR THE PERIOD OF MARCH 21,2009
THROUGH MARCH 27, 2009 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J3
USE OF CONFISCATED TRUST FUNDS FOR DRUG ABUSE
EDUCATION AND PREVENTION
Item #16J4
DESIGNATE THE SHERIFF AS OFFICIAL APPLICANT AND
PROGRAM POINT-OF-CONTACT FOR THE UNITED STATES
DEPARTMENT OF JUSTICE (DOJ), OFFICE OF JUSTICE
PROGRAMS', BUREAU OF JUSTICE ASSISTANCE (BJA),
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(THE "RECOVERY ACT") EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG) PROGRAM, ACCEPT
THE GRANT WHEN AWARDED, APPROVE APPLICABLE
BUDGET AMENDMENTS, AND APPROVE THE COLLIER
COUNTY SHERIFF'S OFFICE TO RECEIVE AND EXPEND THE
$547.316 PAYMENT OF RECOVERY ACT JAG GRANT FUNDS
Item #16J5
Page 219
April 14, 2009
BUDGET AMENDMENT FOR ELECTION SERVICES
PERTAINING TO SERVICES AND VOTING EQUIPMENT USED
BY THE GOLDEN GATE FIRE CONTROL AND RESCUE
DISTRICT IN CONNECTION WITH A SPECIAL ELECTION TO
BE HELD ON MAY 12. 2009
Item #16J6
DISBURSEMENTS FOR THE PERIOD OF MARCH 28, 2009
THROUGH APRIL 3, 2009 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16Kl
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$154,900 FOR PARCELS 110 & 710 IN THE LAWSUIT STYLED
COLLIER COUNTY V. REGIONS BANK, ET AL., CASE NO. 07-
3641-CA (COLLIER BOULEVARD PROJECT #60001) (FISCAL
IMPACT $ .00)
Item #16K2
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$75,000 FOR PARCELS 123 AND 823 IN THE LAWSUIT
STYLED COLLIER COUNTY V. JOHN J. YAKLICH, ET. AL.,
CASE NO. 03-2259-CA (GOLDEN GATE PARKWAY PROJECT
NO. 60027) (FISCAL IMPACT $115.825.)
Item #16K3
COUNTY ATTORNEY SUBMITTING FOR BOARD'S REVIEW:
Page 220
April 14, 2009
JERRY AND KIMBERLEA BLOCKER'S OFFER OF JUDGMENT
IN CASE NO. 08-9355-CA, PENDING IN THE TWENTIETH
JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY. THE
COUNTY ATTORNEY RECOMMENDS THAT THE BOARD
TAKE NO ACTION ON THIS OFFER
Item #16K4
SETTLEMENT OFFER IN THE SUM OF $840,125.04, AND
AUTHORIZE THE CHAIRMAN TO EXECUTE A SETTLEMENT
AGREEMENT, RELEASE AND SATISFACTION, A RELEASE
OF LIS PENDENS, AND A CONVEYANCE OF CONTRACT
RIGHTS WITH AND TO LEHMAN HOUSING TAX CREDIT
FUND VII, L.P., THAT SETTLES IN FULL THE LITIGATION
STYLED AS BOARD OF COUNTY COMMISSIONERS V.
CEI/KENSINGTON, ET AL. 08-07625-CA, NOW PENDING IN
THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, DIRECT
ALL THE DOCUMENTS TO BE RECORDED IN THE OFFICIAL
RECORDS OF COLLIER COUNTY, FLORIDA, AND DIRECT
THE COUNTY ATTORNEY TO TAKE WHATEVER
ADDITIONAL ACTION IS NECESSARY TO IMPLEMENT THIS
SETTLEMENT
Item #16K5 - Moved to Item #12C (Per Agenda Change Sheet)
Item # 1 7 A
RESOLUTION 2009-91: PETITION: A VESMT-2008-AR-14016,
FIDDLERS CREEK PHASE 4, UNIT 2, TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY'S AND THE
PUBLICS INTEREST IN TWO 15-FOOT WIDE DRAINAGE
Page 221
April 14, 2009
EASEMENTS ALONG THE LOT LINES OF LOTS 7 & 8 AND
LOTS 13 & 14 IN BLOCK A, OF FIDDLERS CREEK PHASE
FOUR, UNIT TWO AS FILED IN PLAT BOOK 45, PAGES 40-47
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
BEING MORE SPECIFICALLY DEPICTED AND DESCRIBED IN
EXHIBIT A AND TO ACCEPT THREE REPLACEMENT
DRAINAGE EASEMENT AREAS OVER LOTS 6 & 7 AND 14 &
15 AND LOT 22, BLOCK A AS SHOWN ON EXHIBIT B, ALL
BEING SITUATED IN SECTION 11 AND 14, TOWNSHIP 51
SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA
Item #17B
RESOLUTION 2009-92: PETITION: SV-2008-AR-13664 PORT OF
THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT,
REPRESENTED BY ROBERT L. DUANE, AICP, OF HOLE
MONTES, INC., IS REQUESTING THREE (3) SIGN
VARIANCES. THE FIRST SIGN VARIANCE IS FROM LAND
DEVELOPMENT CODE (LDC) SUBSECTION 5.06.04 C.16.B.I.
WHICH ALLOWS A MAXIMUM SIGN AREA OF 12 SQUARE
FEET FOR AN OFF-PREMISE DIRECTIONAL SIGN TO ALLOW
A 32 +/1 SQUARE FOOT OFF-PREMISE SIGN. THE SECOND
VARIANCE IS FROM LDC SUBSECTION 5.06.04 C.16.B.V.
WHICH REQUIRES A SIGN TO BE LOCATED WITHIN 1,000
LINEAL FEET OF THE INTERSECTION OF THE ROAD
SERVING THE USE TO ALLOW GREATER DISTANCES OF UP
TO 6,000 LINEAL FEET FOR UP TO 10 USES. THE THIRD SIGN
VARIANCE IS FROM LDC SUBSECTION 5.06.04 C.16.C
WHICH REQUIRES A SIGN TO BE LOCATED TO NO CLOSER
THAN 50 FEET FROM A RESIDENTIALLY ZONED DISTRICT
TO ALLOW A LESSER DISTANCE OF 23 FEET. THE SUBJECT
PROPERTY IS LOCATED ON THE NORTH SIDE OF U.S. 41 IN
Page 222
April 14, 2009
SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST,
COLLIER COUNTY. FLORIDA
Item #17C
RESOLUTION 2009-93: PETITION: SV-2008-AR-13665 PORT OF
THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT,
REPRESENTED BY ROBERT L. DUANE, AICP, OF HOLE
MONTES, INC. IS REQUESTING A SIGN VARIANCE FROM
LDC SUBSECTION 5.06.04 C.16.B.I. WHICH ALLOWS A
MAXIMUM SIGN AREA OF 12 SQUARE FEET TO ALLOW A
64-SQUARE FOOT OFF-PREMISE SIGN AT THE PORT OF THE
ISLANDS. THE SUBJECT PROPERTY IS LOCATED IN THE
PORT OF THE ISLANDS AT THE INTERSECTION OF
TAM lAM I TRAIL EAST (U.S. 41) AND NEWPORT DRIVE IN
SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST,
COLLIER COUNTY. FLORIDA (CTS)
Item #17D
RESOLUTION 2009-94: PETITION: SV-2008-AR-13960 PORT OF
THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT,
REPRESENTED BY ROBERT L. DUANE, AICP, OF HOLE
MONTES, INC., IS REQUESTING A SIGN VARIANCE FROM
LDC SUBSECTION 5.06.04 C.16.B.I., WHICH ALLOWS A
MAXIMUM SIGN AREA OF 12 SQUARE FEET, TO ALLOW AN
18-SQUARE FOOT OFF-PREMISE SIGN AT THE PORT OF THE
ISLANDS IN THE MEDIAN OF CAYS DRIVE (SOUTH OF U. S.
41) 18 S.F. IN AREA WITH SIGN COpy AND LOGO
DESIGNATION THE PORT OF THE ISLANDS CAYS DRIVE.
THE SUBJECT PROPERTY IS LOCATED IN THE PORT OF THE
ISLANDS AT THE INTERSECTION OF TAMIAMI TRAIL EAST
Page 223
April 14, 2009
(U. S. 41) AND CAYS DRIVE IN SECTION 9, TOWNSHIP 52
SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA
(CTS)
Item #17E
RESOLUTION 2009-95: RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2008-09 ADOPTED BUDGET
Item #17F
ORDINANCE 2009-16: ORDINANCE AMENDING ORDINANCE
NO. 2001-55, AS AMENDED (THE ADVISORY BOARD
ORDINANCE), BY ELIMINATING TERM LIMITS AND THE
RESTRICTIONS ON SIMULTANEOUS SERVICE ON MORE
THAN TWO COUNTY BOARDS, AND IN ADDITION,
DELETING THE PROVISION ENTITLED "REVIEW OF
BOARDS" IN ITS ENTIRETY
Page 224
April 14, 2009
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:38 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL Dtt:.CTS UND~R ITS CONTROL
~d~
DONNA FIALA, Chairman
ATTEST ..:.,
DWIGHT;~. BROCK, CLERK
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These minutes approved by the Board on 5 \ W '200,\
as presented ~ or as corrected
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TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 225