BCC Minutes 10/27/2009 R
October 27, 2009
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, October 27,2009
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board( s) of such
special district as has been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: Donna Fiala
Fred Coyle
Jim Coletta
Frank Halas
Tom Henning
ALSO PRESENT:
Leo Ochs, County Manager
Michael Sheffield, Assistant County Manager
Jeffrey A. Klatzkow, County Attorney
Sue Filson, BCC Executive Manager
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
October 27, 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 AGENDA ITEMS MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE
COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA
ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE
UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE
CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
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October 27, 2009
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
B. September 24, 2009 - BCC/Budget Hearing
C. September 29, 2009 - BCC/Regular Meeting
D. October 9,2009 - Value Adjustment Board Meeting
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
4. PROCLAMATIONS
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October 27, 2009
A. Proclamation designating November 9, 2009 as World Orphans Day 2009.
To be accepted by Tom Scott, President/COO, Sky Angel U.S. LLC, and
Karole Davis, Director - Public Relations, Sky Angel U.S. LLC.
B. Proclamation congratulating Collier County Solid Waste Management
Department for the receipt of the 2009 Special Waste Gold Excellence
Award. To be accepted by Dan Rodriguez, Solid Waste Management
Director and Danette Huff, Recycling Coordinator.
C. Proclamation designating November 9 - 13, 2009 as Accounts Payable
Week. To be accepted by Connie Murray, General Operations Manager,
Clerks Finance Department.
D. Proclamation designating November 9, 2009 as Collier County Foreclosure
Task Force Workshop Day. To be accepted by Jeff Ahren and Kathleen
Passidomo.
5. PRESENTATIONS
A. Presentation of a check to the Board of County Commissioners for the
unused fees distribution. Presented by Larry Ray, Collier County Tax
Collector.
6. PUBLIC PETITIONS
A. Public petition request by Marcia Breithaupt to discuss Domestic Animal
Services Mission Statement.
B. Public petition request by Maggie McGall to discuss establishment of a
canine beach in Naples.
C. Public petition request by James Guerrero to discuss outstanding invoices
for SHIP 09-025R and DRl-05-l13, Bowersox Project.
D. Public petition request by Randy Johns to discuss a request by Swamp
Buggy, Inc., for exemption from the current Noise Ordinance.
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October 27, 2009
Item 7 and 8 to be heard no sooner than 1 :00 n.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item is beinl! re-scheduled to the November 10.2009 BCC meetiol!.
This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members: CU-2008-AR-13245 Collier County
through its Solid Waste Management Department, represented by David
Deans ofPBS & J, is requesting Conditional Uses within the Rural
Agricultural Zoning District within the North Belle Meade Overlay and
Rural Fringe Mixed Use District (RFMU) Overlay for Sending Areas to
allow 1) a Collection and Transfer Site for Resource Recovery, pursuant to
Collier County Land Development Code (LDC) Section 2.03.0l.A.l.c.12;
and 2) Public Facilities, including Solid Waste and Resource Recovery
Facility and Public Vehicle and Equipment Storage and Repair Facilities
pursuant to LDC Section 2.03.08.AA.a.(3)(b) of the RFMU District for a
project to be known as the Resource Recovery Park. The subject property,
consisting of approximately 344 acres, is located approximately 1.5 miles
east of Collier Boulevard and 1 mile north of White Lake Boulevard, in
Section 25, Township 49 South, Range 26 East, Collier County,
Florida.(CTS)
8. ADVERTISED PUBLIC HEARINGS
A. Recommendation that the Board of County Commissioners adopt an
Ordinance amending Chapter 74 of the Collier County Code of Laws and
Ordinances (The Collier County Consolidated Impact Fee Ordinance) by
providing for the incorporation by reference of the impact fee study entitled,
Collier County Parks and Recreation Impact Fee Update Study, dated June
26, 2009; amending Schedule Three of Appendix A to reflect the revised
rates set forth in the impact fee study and providing for an effective date of
November 1, 2009 for the Regional Parks Impact Fee rates and a delayed
effective date of February 1, 2010 for the Community Parks Impact Fee rates
in accordance with the notice period requirements of Section
l63.3l80l(3)(d) Florida Statutes; the cumulative results of the rate changes
being an overall decrease in Parks Impact Fees.
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October 27, 2009
B. This item is beiol! re-scheduled to the November 10. 2009 BCC meetiol!.
This item requires that ex parte disclosure be provided by Commission
Members. Should a hearing be held on this item, all participants are required
to be sworn in. Recommendation to consider adoption of an ordinance
establishing the City Gate Community Development District (CDD)
pursuant to Section 190.005, Florida Statutes.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Radio Road East of Santa Barbara
Boulevard to Davis Boulevard Advisory Committee.
B. Appointment of members to the Historical/Archaeological Preservation
Board.
C. Recommendation that the Board of County Commissioners approve the
County Manager Employment Agreement with Leo E. Ochs, Jr., and
authorize the Chairman to execute same.
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 10:30 a.m. Recommendation that the Board of
County Commissioners reviews the TDC Subcommittee recommendations
as approved by the Tourist Development Council and provides direction to
the County Manager or his designee for further action including the
authorization to process all necessary budget amendments covering direction
that involves the movement or use ofTDC funds. (Jack Wert, Tourism
Director)
B. This item to be heard immediately followiol! Item #10A.
Recommendation that the Board of County Commissioners reviews and
approves the Fiscal Year 2010 Strategic Plan for the Naples, Marco Island,
Everglades Convention & Visitors Bureau (CVB) and approve all necessary
budget amendments. (Jack Wert, Tourism Director)
C. Recommendation that the Board of County Commissioners approves the
Wilson Boulevard ExtensionlBenfield Road Corridor Study (Study). Due to
the size of the draft Final Report and the appendices, a copy is available at
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October 27, 2009
the County Managers office for review. (Claudine Auclair, Transportation
Planning)
D. This item to be heard at 3:00 p.m. Recommendation and consideration to
(1) grant the Solid Waste Management Department the authority to pursue
an amendment to Ordinance 05-46 to rezone Bembridge PUD Tract "A"
from Residential PUD to Community Facility PUD to be processed by
CDES on an expedited or fast track basis; and, (2) contingent upon the
rezone approval, approve a transfer of 5 .11 acres, Bembridge PUD Tract
"A", from the Collier County Emergency Medical Services Department
(EMS) to the Solid Waste Management Department for the relocation of the
Naples Recycling Center, at a cost not to exceed $450,000; and, (3) approve
a budget amendment to transfer funds in the amount of$4l9,734 from the
Collier County Solid Waste Management Fund (474), Solid Waste Capital
Projects, Project #70013, Santa Barbara Recycling Center to the EMS Fund
350. (Dan Rodriguez, Solid Waste Director)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard at 2:00 p.m. Recommendation that the Board adopts
the attached standard form Lease and Ground Lease for all future leases with
Not-For-Profit Entities, and to direct staff to review each of the County's
Not-For-Profit Leases and, where appropriate, offer the Lessees the
opportunity to convert their current lease to the standard form, subject to
Board approval.
B. This item to be heard immediately followiol! Item #12A. Report to the
Board with respect to the Naples Zoo Lease, with a discussion on whether
the Board wishes to reduce or eliminate the rent.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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October 27, 2009
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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.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water utility
facility for Turner Water Main.
2) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Mediterra Parcel 105 with
the roadway and drainage improvements being privately maintained.
3) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Mediterra Parcel 106 with
the roadway and drainage improvements being privately maintained.
4) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Mediterra Parcel 118, with
the roadway and drainage improvements being privately maintained.
5) Request approval by the Board of County Commissioners of the
change in the scheduled meetings for the 2007-2008 Growth
Management Plan Amendment Cycle.
6) Recommendation to approve the Release and Satisfactions of Lien for
payments received for the following Code Enforcement actions.
7) Recommendation to approve Proposed Settlement providing for
Compromise and Release of Liens in the Code Enforcement Action
entitled Deutsche Bank Trust Co., CEB No. 2007080008 relating to
property located at 2414 58th Avenue NE, Naples, Florida.
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October 27, 2009
8) Recommendation that the Board of County Commissioners approves
the proposal by staff to develop and advertise for Board consideration
an ordinance adopting the Florida Building Code 2007 Edition, and
pursuant to the authority granted by section 553.80(3), Florida
Statutes, adding certain exemptions to permitting requirements
pursuant to Section 105.2 of the 2007 Florida Building Code relating
to addition, alterations, or repairs performed by a property owner on
his or her property, and providing for repeal of Ordinance No. 2002-
Olin its entirety.
9) Recommendation that the Board of County Commissioners approves
the proposal by staff to develop and advertise for Board consideration
an amendment to Ordinance No. 82-3, as codified in Section 14-2 of
the Collier County Code of Laws and Ordinances, to remove the
prohibition against the possession, sale, importation or release (into
County waters) of Tilapia.
10) Request that the Board of County Commissioners (Board) approve the
waiver of the applicable time constraints and fees for a Temporary
Use (TU) permit for the placement of temporary banners and on-
site/off-site directional signs to announce the location of
immunization centers in response to the federally declared pandemic
(HlNl Virus) as a national public health emergency.
B. TRANSPORTATION SERVICES
1) Recommendation to approve an Agreement for the conveyance of
right-of-way and other easement parcels necessary for the
construction of Oil Well Road (Fiscal Impact: $2,146).
2) Recommendation to terminate the contract awarded to Big Tree, Inc.,
for Bid #09-5194 Collier County Right-of-Way (ROW) and Median
Mowing and Maintenance Annual Contract in the amount of
$124,240.00.
3) Recommendation to approve the purchase of a fee simple road right-
of-way parcel and a temporary construction easement which are
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October 27, 2009
required for construction of the Collier Boulevard widening project.
Project No. 68056 (Fiscal Impact: $32,250.00)
4) Recommendation to approve a Third Amendment to the October 14,
2003, Companion Agreement to the October 22, 2002, Sabal Bay
Development Contribution Agreement for Road Impact Fee Credits
providing for a change in land conveyance means for portions of the
Lely Area Stormwater Improvement Project (Project No. 51101).
5) Recommendation to approve the payment of attorney fees and expert
witness fees incurred by Dr. Gerald and Mrs. Rosemary Brown in
defense of the taking of a portion of their property for the Collier
Boulevard six-laning project (from Green Boulevard to Golden Gate
Boulevard). Project No. 68058, Parcel Nos. l70FEE and l70TCE
(Fiscal Impact: $22,879.25.)
6) Recommendation to approve a Temporary Right of Entry to construct
a connecting sidewalk for a bus shelter on a .004 acre portion ofland
along the existing right of way on U.S. 41 at the Waterside Shops on
Pine Ridge Road. Project No. 60083 (Fiscal Impact: $0)
7) Recommendation to approve a work order in the amount of
$269,010.00 to Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) under
contract #06-3969 Fixed Term Professional Engineering Services
utilizing the Best Value Offer (BVO #06-3969-9) for design and
permitting of the Lely Area Stormwater Improvement Project
(LASIP) Naples Manor Ditch and US 41 Ditch Design (Project No.
51101).
8) Recommendation to approve amendments to the Staff Services
Agreement by and between the Collier Metropolitan Planning
Organization (MPO) Board and the Collier County Board of County
Commissioners and to authorize the chairman to sign the amended
agreement.
9) Recommendation to approve the payment of attorney fees and expert
witness fees incurred by Tania Cantin and Miguel Del Pozo in defense
of the taking of a portion of their property for the Collier Boulevard
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October 27, 2009
six-laning project (from Green Boulevard to Golden Gate Boulevard).
Project No. 68056, Parcel Nos. l6lFEE and l6lTCE (Fiscal Impact:
$4,980)
C. PUBLIC UTILITIES
1) Recommendation to adopt a Resolution to approve the Satisfactions of
Liens for Solid Waste residential accounts wherein the County has
received payment and said Liens are satisfied in full for the 1993,
1994, 1995 and 1996 Solid Waste Collection and Disposal Services
Special Assessment. Fiscal impact is $68.50 to record the
Satisfactions of Liens.
2) Recommendation to approve the Satisfaction for a certain Water
and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $18.50
to record the Satisfaction of Lien.
3) Recommendation to approve Agreement No. 4600001904 with the
South Florida Water Management District for the Continued
Collection of Surface Water Quality Samples in Collier County in the
Amount of$2l0,000.
4) Recommendation to approve an amendment to the Florida Innovative
Waste Reduction and Recycling Grant Agreement IG8-09, the Collier
County Seasonal and Year Round Business "How to Recycle" Videos
Grant, from the Florida Department of Environmental Protection to
provide portable recycling containers.
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a subrecipient agreement
providing for a $111,802.00 Housing and Urban Development (HUD)
grant to the City of Naples for improvements to the River Park
Community Center.
2) Recommendation to approve an Access Easement Agreement with
Caribbean Venture of Naples, LLC extending an existing easement
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October 27, 2009
over county property to construct a dual purpose public access road
extending from an existing easement to the proposed county park and
private development for a total revenue of $1 ,480.00.
3) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, twelve (12) lien agreements for
deferral of 100% of Collier County impact fees for owner occupied
affordable housing dwelling units located in Collier County.
4) Recommendation to approve the FY 10 contract between Collier
County and the State of Florida Department of Health for operation of
the Collier County Health Department in the amount of$1,720,100.
5) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a subrecipient agreement with St.
Matthews House, Inc. providing for a $110,424 Housing and Urban
Development (HUD) Continuum of Care (CoC) grant to support
Wolfe Apartments.
6) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a subrecipient agreement with the
Shelter for Abused Women & Children (SA WCC) providing for a
$113,000 Housing and Urban Development (HUD) Continuum of
Care (CoC) grant to aid with their day to day operations and
supportive services of SA WCC.
7) Present to the Board of County Commissioners a summary of the
Impact Fee Deferral Agreements recommended for approval in FYlO,
including the total number of Agreements approved, the total dollar
amount deferred and the balance remaining for additional deferrals in
FYlO.
8) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, the amended Neighborhood
Stabilization Program Administrative Plan. The amended plan
modifies certain policies and procedures to improve grant
performance and incorporates changes enacted by the U.S.
Department of Housing and Urban Development.
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October 27, 2009
9) Recommendation to approve and authorize the Chairman to sign the
agreement between Collier County Board of County Commissioners
and the Area Agency on Aging of Southwest Florida, Inc. and
approve budget amendments to reflect an overall increase of $100,416
in the Older Americans Act program.
10) Recommendation to accept the Safe Havens: Supervised Visitation
and Safe Exchange Grant in the amount of$350,000 between Collier
County Board of County Commissioners and the United States
Department of Justice, Office on Violence Against Women and
approve the necessary budget amendment to recognize the revenue.
11) Recommendation that the Board of County Commissioners approves a
Real Estate Conveyance Agreement between Collier County and the
David Lawrence Mental Health Center, Inc., to convey a portion of
County owned land located at 425 1st Street North, Immokalee, at no
cost to the David Lawrence Center.
12) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a contract amendment for a
Disaster Recovery Initiative (DRl) Subrecipient Agreement between
the Housing Development Corporation of Southwest Florida Inc.
(f.k.a. Collier County Housing Development Corporation) and Collier
County. This contract amendment will update the current project work
schedule and add a previously approved item to the project's budget.
13) Recommendation to approve Change Order #3 to Contract #09-5114,
Naples Station Museum Phase III to White General Constructors, Inc.,
in the amount of $129,820 to complete historical restoration and
renovation of the Naples Depot Museum.
14) Recommend approval of the award ofRFP #09-5247 and agreement
between Collier County and Recreation Facilities of America, Inc., for
Food & Beach Concessions at Tigertail Beach.
15) Present to the Board of County Commissioners changes to grant
funded, owner-occupied affordable housing programs administered by
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October 27, 2009
the Housing and Human Services Department. These changes will
modify program documents, expand eligibility criteria and amend
program procedures.
E. ADMINISTRATIVE SERVICES
1) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a contract with the Southwest
Florida Workforce Development Board, Inc. to allow the
reimbursement of training expenses through the Employed Worker
Training Program in an amount not to exceed $54,550 and approves
the necessary Budget Amendment for the Public Utilities Division.
2) Recommendation that the Board of County Commissioners approve
and execute an Agreement to provide the All Kids Play Foundation of
Corkscrew Community Inc., a Florida non-profit organization, a
maximum expenditure of $5,000.00 from the GAC Land Trust for the
reimbursement of Site Development expenses that arose during the
construction of the Boundless Playground located at Big Corkscrew
Elementary School and approve necessary Budget Amendment.
3) Recommendation to approve budget amendments to appropriate funds
carried forward from FY 2009 for the completion of Information
Technology purchases in the amount of$82,741.50.
4) Recommendation to approve a Resolution revising the Board of
County Commissioners Policy for Operation of Lake Trafford
Memorial Gardens, by adding a Cremation Policy for unclaimed and
indigent deceased in Collier County.
5) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a Subrecipient Agreement with
the Children's Museum of Naples providing American Recovery and
Reinvestment Act (ARRA) Energy Efficiency and Conservation
Block Grant (EECBG) funding in the amount of $250,000 for energy
savings and renewable energy projects.
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October 27, 2009
6) Recommendation to rescind the award of Bid #09-5170 "Purchase and
Deliver Chemicals for Public Utilities" to Key Chemical Inc. and
King Lee Chemicals Inc. due to the companies' inability to fulfill
required contractual Pollution Liability Insurance requirements.
F. COUNTY MANAGER
1) Approve budget amendments.
2) Recommendation for the Board of County Commissioners to approve
and authorize the Chairman to sign an Agreement between Collier
County and the Florida Division of Emergency Management
accepting a Grant award for $105,806 for Emergency Management
Program Enhancement and approve the associated budget amendment.
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2009-2010 Adopted Budget.
4) Recommendation to approve a Memorandum of Agreement between
Collier County and the Collier County Health Department to
coordinate their collective efforts in providing adult and childhood
HlNl immunizations, medical direction and enhancement of
community emergency response capabilities.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) To approve and execute a Commercial Building Improvement Grant
Agreement(s) between the Collier County Community
Redevelopment Agency and a Grant Applicant(s) within the Bayshore
Gateway Triangle Community Redevelopment area (3248 Bayshore
Drive).
2) To approve and execute a Commercial Building Improvement Grant
Agreement(s) between the Collier County Community
Redevelopment Agency and a Grant Applicant(s) within the Bayshore
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October 27,2009
Gateway Triangle Community Redevelopment area (1695
Commercial Drive).
3) To approve and execute a Landscape Improvement Grant
Agreement(s) between the Collier County Community
Redevelopment Agency and a Grant Applicant(s) within the Bayshore
Gateway Triangle Community Redevelopment area (2957 Orange
Street).
4) Recommendation that the Bayshore Gateway Triangle Community
Redevelopment Agency (CRA) approve the submittal of the attached
Pre-Disaster Mitigation grant application to the Federal Emergency
Management Agency for a project to improve stormwater drainage
along Shadowlawn Drive and Francis Avenue; to authorize the CRA
Executive Director, or his designee, to electronically submit the grant
application requesting an amount of $305,906.25 to the Federal
Emergency Management Agency.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Council for Hispanic Business Professionals Gala
Hispanos Unidos on October 24,2009 at the Naples Beach Club in
Naples, FL. $75.00 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 Military Officers Association Dinner on October 27,
2009 at the Royal Palm Country Club in Naples, FL. $28.00 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 National Society Daughters of the American
Revolution Fundraiser on November 20, 2009 at the Country Club of
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October 27, 2009
Naples in Naples, FL. $25.00 to be paid from Commissioner Fiala's
travel budget.
4) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Seacrest Key Club Induction of Charter Members on
October 14,2009 at Seacrest Country Day School in Naples, FL.
$10.00 to be paid from Commissioner Fiala's travel budget.
5) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Shells Club of Naples Business Meeting on November
5,2009 at the Players Club and Spa in Naples, FL. $21.00 to be paid
from Commissioner Fiala'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 October
5,2009 through October 9,2009 and for submission into the official
records of the board.
2) Recommendation that the Collier County Board of County
Commissioners approves a budget amendment for $1,520.89 and
recognizes interest earned in Supervisor of Elections Voter Education
grant.
3) Pursuant to Florida Statute 3l8.18(13)(b) the Clerk of the Circuit
Court is required to file the amount of traffic infraction surcharges
collected under Florida Statute 3l8.l8(13)(a)(1) with the Board of
County Commissioners.
4) To obtain board approval for disbursements for the period of October
12,2009 through October 19,2009 and for submission into the
official records of the board.
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October 27, 2009
5) Recommendation that the Board of County Commissioners adopts and
supports the attached position paper as part of Collier County's 2010
State Legislative Priorities as requested by the Supervisor of
Elections.
K. COUNTY ATTORNEY
1) Recommendation that the Board of County Commissioners Approve
an Agreed Order Awarding Expert Fees for Parcel 125 in the
condemnation action styled Collier County v. Robert J. Derr, et al.,
Case No. 03-21 96-CA, Golden Gate Parkway Project No. 60027.
(Fiscal Impact: $6,942.50).
2) Recommendation to approve a Stipulated Final Judgment in the
amount of $10,700 for Parcel 168 in the lawsuit styled Collier County
v. Thomas F. Salzmann, et al., Case No. 03-2550-CA (Golden Gate
Parkway Project #60027). (Fiscal Impact $9,507.80)
3) Recommendation to approve a Stipulated Final Judgment in the
amount of $9,545 for Parcel 172 in the lawsuit styled Collier County
v. Beverly J. Gatti, et al., Case No. 03-255l-CA (Golden Gate
Parkway Project #60027). (Fiscal Impact $6,781.25)
4) Recommendation to approve a Stipulated Final Judgment in the
amount of $98,865.00 for Parcels llOFEE/TCEl/TCE2/DE in the
lawsuit styled Collier County v. Robbie 1. Rayburn, et. al., Case No.
07-4268-CA (Santa Barbara Boulevard Extension Project #60091)
(Fiscal Impact $48,810.45).
5) Recommendation that the Board of County Commissioners Approve
the Proposed Joint Motion for Agreed Order Taxing Attorneys Fees
and Costs for Parcels 737R, 937R, 738R, 838, 938R, 746R, and 946R
in the condemnation action styled Collier County v. Chris A.
Stoneburner and Joseph D. Bonness III, as Trustees of the Willow
Run Land Trust, et al., Case No. 05-1036-CA, South County Regional
Water Treatment Plant (SCRWTP) 20 MGD Well field Expansion
Project #70892 (Fiscal Impact: $45,000).
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October 27, 2009
6) Request by stafffor authorization to advertise and bring back for the
Boards consideration a proposed amendment to Ordinance No. 08-47,
which addresses requirements for non-consent law enforcement
towing of vehicles, private property towing of vehicles, storage of
vehicles and maximum chargeable fees by tow truck companies, to
include provisions concerning the immobilization of vehicles
(booting) on private property and to further clarify language in the
ordinance.
7) Report to the Collier County Board of County Commissioners
regarding the legal effect and application of Florida Statute
212.055(8) (Senate Bill No. 1000, the Emergency Fire Rescue
Services and Facilities Surtax).
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, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item was continued from the October 13. 2009 BCC meetinl!. This
item reQuires that ex parte disclosure be provided by Commission
Members. Should a hearinl! be held on this item. all participants are
reQuired to be sworn in. Recommendation to approve Petition V AC-
PL2009-651 , to disclaim, renounce and vacate the County's and the Public's
interest in a drainage easement over Tract C02, as designated, and according
to the Plat thereof known as Silver Lakes, Phase Two-F, a subdivision as
recorded in Plat Book 33, Pages 37 & 38 of the Public Records of Collier
County, Florida, situated in Section 10 & 15, Township 51 South, Range 26
Page 18
October 27, 2009
East, Collier County, Florida, and being more specifically described in
Exhibit A.
B. Recommendation that the Board of County Commissioners adopts an
Ordinance amending Chapter 74 of the Collier County Code of Laws and
Ordinances (The Collier County Consolidated Impact Fee Ordinance) by
providing for the incorporation, by reference, of the impact fee study entitled
Collier County Trip Characteristics Study Mine Land Use, amending
Schedule One of Appendix A to reflect the new Mine land use category and
impact fee rate and providing for a delayed effective date of February 1,
2010 in accordance with the notice period requirements of Section
163.31801 (3)( d) Florida Statutes; this action is in follow-up to the direction
provided by the Board of County Commissioners on June 23, 2009.
C. This item reauires that all participants be sworn in and ex parte
disclosure be provided by Commission members: PE-PL2009-260:
Collier County Airport Authority represented by D. Wayne Arnold ofQ.
Grady Minor and Associates, P.A., is requesting a Parking Exemption
pursuant to the Collier County Land Development Section 4.05.02.K.3. The
parking exemption seeks approval to allow construction of a new parking lot
within the residential PUD known as the Marco Shores PUD to serve
employees and patrons ofthe Marco Island Executive Airport. Subject
property is located on a 1 acre tract within Section 26, Township 51 South,
Range 26 East, Collier County, Florida. (CTS)
D. This item was continued from the September 29. 2009 BCC meetinl!. To
adopt revisions to the Land Development Code (Ordinance No. 04-41) to
correct a scriveners error relating to temporary signs, to complete the recent
revisions to the Collier County Sign Code (Ordinance No. 09-43) adopted by
the Board of County Commissioners at a public hearing on July 28, 2009.
E. Recommendation that the Board of County Commissioners adopt an
Ordinance to amend Ordinance No. 2004-50, the Collier County Non-
Residential Recycling Ordinance.
18. ADJOURN
Page 19
October 27, 2009
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 20
October 27, 2009
October 27, 2009
CHAIRMAN FIALA: Good morning. Would you-all take your
seats. Thank you. Gee, I ask you to take your seats, then I'm going to
ask everybody to stand anyway for the invocation and the Pledge of
Allegiance, but at least now you have seats from which you can stand.
Thank you.
Would you stand with me, please.
And Leo, will you lead us in prayer.
MR. OCHS: Yes, ma'am. Our Heavenly Father, we ask your
blessings on these proceedings and all who are gathered here. We ask
this special blessing on the Board of County Commissioners, guide
them in their deliberations, grant them wisdom and vision to meet the
trials of this day and the days to come.
Bless us now as we undertake the business of Collier County and
its citizens, that our actions will serve the greater good of all citizens
and be acceptable in your sight.
These things we pray in your name, amen.
CHAIRMAN FIALA: And while we're still in a prayer mode,
would you-all bow your heads for one more moment, please, in quiet
memory of Bill Neale who died this week. He was a leader in the -- on
the Bayshore community committees, and a very special man to all of
us.
Thank you. And now, Commissioner Halas, would you lead us in
the Pledge of Allegiance.
COMMISSIONER HALAS: Sure.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: Thank you.
Good morning, County Manager. Good.
Good morning, County Attorney.
MR. OCHS: Good morning, Commissioners.
CHAIRMAN FIALA: County Manager?
Page 2
October 27,2009
Item #2A
TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA AS
AMENDED - APPROVED AND/OR ADOPTED W/CHANGES
MR. OCHS: Yes, ma'am. Agenda changes, Board of County
Commissioners' meeting, October 27,2009.
First item is Item 8B. That is an item for -- continued to
November 10, 2009, BCC meeting. It's a recommendation to consider
adopting an ordinance establishing the City Gate Community
Development District.
Ma'am, this item is continued because we had submitted the
advertisement and, unfortunately, the Naples Daily News failed to
publish the article on a timely basis, so we have to readvertise and
we'll be back at the next meeting.
Next item is 16D8, and that should be modified in your agenda
packet on Page 32 of39. Under Section G, transfer of property item
should read, real property management will coordinate with the title
companies and/or closing agents to assure proper closing of all
transfer transactions and will deliver closing proceeds as housing and
human services shall direct. That change was at staffs request.
Next item is to withdraw Item 16D14. That's an item awarding a
food and beach concession agreement at Tigertail Beach, and that is at
staffs request.
Next item is to continue Item 17B to the November 10,2009,
BCC meeting. That's a recommendation to adopt an ordinance
establishing a new mine land use category and impact fee rate. That
continuance is at staffs request.
And you have a series of time-certain items, Madam Chair, the
first one being Item lOA. That item is to be heard at 10:30 a.m., and
that is a recommendation for the board to consider a series of
recommendations from your Tourist Development Council
Page 3
October 27,2009
subcommittee.
Item lOB would be heard immediately following lOA, and that is
a report from your Naples/Marco Island/Everglades Convention and
Visitors Bureau on their fiscal year 2010 strategic plan.
Item 10D will be heard at three p.m., and that is a
recommendation to consider the relocation of the Naples Recycling
Center to the former Bembridge PUD located on Santa Barbara
Boulevard. Again, that item will be heard at three p.m. That's at
Commissioner Henning's request.
And you have Item 12A to be heard at two p.m., and that is a
recommendation for the board to consider adopting a standard form
lease and ground leases for all future leases with not-for-profit
agencies. And that will be heard -- excuse me. And that will be
immediately followed by Item 12B which is a report to the board with
respect to the Naples Zoo lease. Those two items were requested for
time certain at Commissioner Coyle's request.
Ma'am, Item lOA and lOB, I forgot to mention, were requested
for time certain by both Commissioner Fiala and Commissioner
Coletta.
That's all the changes I have, ma'am.
CHAIRMAN FIALA: Thank you. Very good.
County Attorney?
MR. KLATZKOW: No changes, ma'am.
CHAIRMAN FIALA: Thank you.
Commissioners? We'll start with Commissioner Coyle.
COMMISSIONER COYLE: Madam Chair, I have no additional
changes for the agenda. And with respect to ex parte disclosure, Item
17C on the summary agenda, I have reviewed only correspondence
which represents the Collier County Planning Commission staff
report.
CHAIRMAN FIALA: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yes. Good morning, Chair.
Page 4
October 27, 2009
CHAIRMAN FIALA: Good morning.
COMMISSIONER HALAS: As far as any changes on today's
agenda, I have none. And as far as ex parte on the consent agenda, I
have no disclosures on the consent agenda.
And under 17C, I've had correspondence in regards to the
parking exemptions and also read the information that was published
by the Planning Commission.
So thank you very much.
CHAIRMAN FIALA: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Good morning.
CHAIRMAN FIALA: Good morning.
COMMISSIONER HENNING: I have no changes -- no further
changes to today's agenda, and ex parte communication on 17C,
received the staffs packet to the Planning Commission. That's all.
CHAIRMAN FIALA: Thank you.
Commissioner Coletta?
COMMISSIONER HENNING: Well, I also, too, received, on
17C, the staff report. I have nothing else to disclose. But I do have one
thing. 16A5. It's the compressed schedule. I don't wish to pull it, but if
I could, I'd like to bring Joe Schmitt up just for a moment and ask my
commissioners to entertain something.
As you realize, the last Planning Commission meeting, they
brought up a number of changes that they were looking for for the
Estates area for land development changes, and that meeting, they ran
the whole thing together to try to come up with some sort of
assemblance of how everything would fit together. The problem was
is that the people that were there to speak could not wait, they had to
work, they had to leave. There was -- I received a lot of phone calls
afterwards where the public is looking to be able to interact with it.
This is big. This has to do with the commercialization in two
different areas of the Estates, something that's new, something that a
Page 5
October 27, 2009
lot of people would like and some other people wouldn't like. And
they're looking for a chance to do input.
And what I'd like to do is that on January 19th -- that's when
we're having the meeting -- I'd like to have that day broken up into
two parts for the meeting. One part would be handling three small
items that have to deal with the Estates that we could do right here in
the commission chambers, and the two big ones dealing with the
Wilson Boulevard/Golden Gate Boulevard shopping center and the
Randall Boulevard shopping center take place in the evening out at,
hopefully, Big Cypress -- we haven't confirmed a location yet -- to
start at five and to go until possibly nine o'clock and break it down
into two segments, a five to seven for the Wilson Boulevard PUD or
changes to the Land Development Code, and then seven o'clock would
be the one there for Randall Boulevard.
There's a lot of people that have been calling me, a lot of people
writing emails that really would like to be able to weigh in on this.
This would put the meeting out there where they live so that they
could interact in a big way.
Mr. Schmitt, can -- I don't know if! missed anything in that.
MR. SCHMITT: No, sir. I just want to correct. You actually have
nine petitions. You would deal with six of them here that day, that
afternoon, or the morning and afternoon. You'd have to adjourn the
meeting at some time to accommodate your needs in order to meet out
there at five o'clock. So it would be 3:30 probably or four o'clock,
adjourn here and then reconvene at a location to be announced.
I would have to know that so we can inform the petitioners so it
can be advertised properly.
COMMISSIONER COLETTA: Well, there's quite a bit of
support for this. The Golden Gate Civic Association, at the last
meeting, I brought up the thoughts about this, and there was about
50-some people in the audience, and every single one of them was
very much in support of it and would like to see it done, and I received
Page 6
October 27, 2009
several communications from people that belong to the homeowners
associations.
CHAIRMAN FIALA: Oh, Commissioner Halas and
Commissioner Henning, and then Commissioner Coyle.
COMMISSIONER HALAS: If they can make the meeting in the
evening out there, I don't understand why they couldn't make the
meeting in here.
COMMISSIONER COLETTA: Well, you're right. They could,
sir but--
,
COMMISSIONER HALAS: And I think the logistics of having
the meeting here, breaking it down and then having staff run out there
and set up for a meeting out there, I think it'd better behoove us to
utilize the staff in a better manner and that would be the citizens could
come here.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah. I'm all in favor of what
Commissioner Halas says. But if we're going to discuss this, let's put
this on the regular agenda and let's do it right.
So I make a motion -- Madam Chair, I request that we put 17 A5
(sic) on the regular agenda.
COMMISSIONER COLETTA: 16A5.
COMMISSIONER HENNING: I'm sorry, 16. What'd I say, 17?
We don't even have a 17 A5.
CHAIRMAN FIALA: We understand. It's early.
MR. OCHS: Ma'am, 16A5 then would become 10E.
CHAIRMAN FIALA: Very good. 16A5 becomes 10E.
And Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I will second the motion, by
the way, but let me also throw in something else. The regularly
scheduled BCC meetings are not included in this schedule. So I'm
wondering if we've got three fairly short items, why can't we include it
in a regular BCC meeting as a part of that BCC meeting or on the day
Page 7
October 27, 2009
that we always hold over for the second day of the BCC meeting?
So I would urge us not to lock in on a specific date for this at this
point in time, but we can debate that later today what we talk about it
on the regular agenda.
CHAIRMAN FIALA: Very good. At least we can think about it
until then.
COMMISSIONER COYLE: That's right, that's right.
CHAIRMAN FIALA: Thank you. Thank you. Commissioner --
COMMISSIONER HALAS: This is growth management issues
where we normally would have -- this hasn't anything to do with our
normal BCC meetings. This is dealing with growth management
issues out there.
COMMISSIONER COYLE: Board of Zoning Appeals and
redevelopment area board meetings don't have anything to do with the
regular BCC meetings either, but we combine them with the meetings
and we turn the gavel over to the appropriate chair. And so we can
very easily schedule these things at the end of our BCC meetings or on
the day that is reserved for carryover from our BCC meetings and get
things done a lot more efficiently.
CHAIRMAN FIALA: Okay. We'll talk about that under 10E
then. Thank you very much.
And anything else, Commissioner Coletta?
COMMISSIONER COLETTA: No, thank you very much.
CHAIRMAN FIALA: That was plenty, huh?
COMMISSIONER COLETTA: That's enough.
CHAIRMAN FIALA: Okay. And I have no changes to the
agenda. As far as ex parte, nothing on the consent agenda.
On the summary agenda, under 17 A, I've met with these people
previously, we've discussed Silver Lakes previously, and I've had
correspondence with them, and also under 17C, I've had
correspondence. And that's it for me.
COMMISSIONER HALAS: I motion to approve today's agenda
Page 8
October 27,2009
as corrected.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. Motion and a second. All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Very good.
Page 9
Agenda Changes
Board of County Commissioners Meeting
October 27, 2009
Item 8B: This item has been continued to the November 10, 2009 BCC meeting, and will be further continued to the
December 1, 2009 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation to consider adoption of an ordinance establishing the City Gate Community
Development District (COD) pursuant to Section 190.005, Florida Statutes. (Staff's request.)
Item 1608: On Page 32 of 39, under (G) Transfer of property, Item xlv should read, "Real Property Management will
coordinate with the title companies and/or closing agents, to assure proper closing of all transfer transactions, and will
deliver closing proceeds as Housing and Human Services shall direct." (Staffs request.)
Withdraw Item 16014: Recommend approval of the award of RFP-09-S247 and agreement between Collier County and
Recreation Facilities of America, Inc., for Food & Beach Concessions at Tigertail Beach. (Staff's request.)
Continue Item 17B to the November 10. 2009 BCC meetinR: Recommendation that the Board of County Commissioners
adopts an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County
Consolidated Impact Fee Ordinance) by providing for the incorporation, by reference, of the impact fee study entitled Collier
County Trip Characteristics Study Mine Land Use, amending Schedule One of Appendix A to reflect the new Mine land use
category and Impact fee rate and providing for delayed effective date of February 1, 2010 in accordance with the notice
period requirements of Section 163.31801(3)(d) Florida Statutes; this action Is In follow-up to the direction provided by the
Board of County Commissioners on June 23, 2009. (Staff's request.)
Time Certain Items:
Item lOA to be heard at 10:30 a.m.: Recommendation that the Board of County Commissioners reviews the TDC
Subcommittee recommendations as approved by the Tourist Development Council and provides direction to the County
Manager or his designee for further action including the authorization to process all necessary budget amendments covering
direction that involves the movement or use of TDC funds. (Commissioner Fiala's and Commissioner Coletta's request.)
Item lOB to be heard immediatelv followlnR lOA: Recommendation that the Board of County Commissioners reviews and
approves the Fiscal Year 2010 Strategic Plan for the Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB) and
approve all necessary budget amendments. (Commissioner Fiala's and Commissioner Coletta's request.)
Item 100 to be heard at 3:00 a.m.: Recommendation and consideration to (1) grant the Solid Waste Management
Department the authority to pursue an amendment to Ordinance 05-46 to rezone Bembridge PUD Tract "A" from Residential
PUD to Community Facility PUD to be processed by CDES on an expedited or fast track basis; (2) contingent upon the rezone
approval, approve a transfer of 5.11 acres, Bembridge PUD Tract" A", from the Collier County Emergency Medical Services
Department (EMS) to the Solid Waste Management Department for the relocation of the Naples Recycling Center, at a cost
not to exceed $450,000; and, (3) approve a budget amendment to transfer funds in the amount of $419,734 from the Collier
County Solid Waste Management Fund (474). Solid Waste Capital Projects. Project 70013, Santa Barbara Recycling Center to
the EMS Fund 350. (Commissioner Henning's request.)
Item 12A to be heard at 2:00 a.m. Recommendation that the Board adopts the attached standard form Lease and Ground
Lease for all future leases with Not-For-Profit Entities, and to direct staff to review each of the County's Not-For-Proflt Leases
and, where appropriate, offer the Lessees the opportunity to convert their current lease to the standard form, subject to
Board approval. (Commissioner Coyle's request.)
Item 12B to be heard immediatelv followinR 12A: Report to the Board with respect to the Naples 200 Lease, with a
discussion on whether the Board wishes to reduce or eliminate the rent. (Commissioner Coyle's request.)
10/27/2009 8:38 AM
October 27, 2009
Item #2B, #2C, #2D, and #2D
APPROVAL OF MINUTES FROM SEPTEMBER 24, 2009 -
BCC/BUDGET HEARING; SEPTEMBER 29, 2009 BCC
REGULAR MEETING; OCTOBER 9, 2009 - VALUE
ADJUSTMENT BOARD MEETING - APPROVED AS
PRESENTED
MR. OCHS: Ma'am, that takes you to 2B.
COMMISSIONER HALAS: Motion to approve September 24,
2009, BCC budget hearing; September 29,2009, BCC regular
meeting; and October 9,2009, Value Adjustment Board meeting.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: And a second.
All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Fine.
Very good. We move on to item number four, proclamations.
Item #4A
PROCLAMATION DESIGNATING NOVEMBER 9,2009 AS
WORLD ORPHANS DAY 2009. ACCEPTED BY TOM SCOTT,
PRESIDENT/COO, SKY ANGEL U.S. LLC, AND KAROLE
DAVIS, DIRECTOR-PUBLIC RELATIONS, SKY ANGLE U.S.
LLC - ADOPTED
Page 10
October 27,2009
MR. OCHS: Yes, ma'am. 4A is proclamation designating November
9,2009, as World Orphans Day 2009, to be accepted by Tom Scott,
president and COO, Sky Angel, U.S., LLC, and Karole Davis, director
of public relations, Sky Angel, U.S., LLC.
CHAIRMAN FIALA: Come on up. Very good. Somebody else
with you?
MR. SCHMITT: Karole.
CHAIRMAN FIALA: Very good.
COMMISSIONER HALAS: Good morning.
CHAIRMAN FIALA: Thank you very much. We appreciate you
doing this.
MS. DAVIS: Thank you.
CHAIRMAN FIALA: This is our proclamation to you. Thank
you.
COMMISSIONER HALAS: Good morning, sir.
COMMISSIONER COYLE: Thank you.
COMMISSIONER COLETTA: Good morning.
CHAIRMAN FIALA: And if you would, stay right there --
COMMISSIONER HENNING: Thank you.
CHAIRMAN FIALA: -- so we can take a picture. And then if
you have a few words, we're happy to hear them.
(Applause.)
MR. SCOTT: Keeping it really short for you. I know that will be
important to you.
My name is Tom Scott, and I'm president at Sky Angel. We're
really proud to be a Collier County business. We're a national
business. We provide faith and family television to the United States
in a way that's the leading edge in the world today. The first company
in America to launch an IPTB service, and we launched it right here in
Collier County.
We -- I'm here today to just thank you for proclaiming World
Page 11
October 27,2009
Orphans Day for the November 9th day. Every two seconds a child
somewhere in the world is orphaned. Just think about that. Just in the
little bit of time we've been here, there's ten or 15 new orphans in the
world today. There are now more than 145 million children that are
orphaned or displaced globally, and they need our help.
World's (sic) Orphans Day 2009 will be observed through
grassroots efforts throughout the United States to bring more
awareness to the plight of orphans and with fundraising events to
provide food and clothing for the most vulnerable. We are working to
create a better, safer, and more secure environment for orphans both
domestically and in the developing world.
This is a start of a grassroots effort. It's funded and founded by a
group called the Stars Foundation out of Nashville, Tennessee, which
is fundamentally some country western singers and some others who
really have a passion for this.
I've been blessed and honored and humbled to be asked to be the
national chairperson. We are very grateful that Collier County has
accepted our request to designate November 9th as Orphans Day, and
we ask that everybody be aware and be cognizant of the great need
that there is out there for orphans in the world today, and we just want
to thank you-all for your concern and for your support. Thanks.
CHAIRMAN FIALA: Thank you.
(Applause.)
Item #4 B
PROCLAMATION CONGRATULATING COLLIER COUNTY
SOLID WASTE MANAGEMENT DEPARTMENT FOR THE
RECEIPT OF THE 2009 SPECIAL WASTE GOLD EXCELLENCE
AWARD. ACCEPTED BY DAN RODRIGUEZ, SOLID WASTE
MANAGEMENT DIRECTOR AND DANETTE HUFF,
RECYCLING COORDINATOR - ADOPTED
Page 12
October 27, 2009
MR. OCHS: Ma'am, 4B is a proclamation congratulating Collier
County Solid Waste Management Department for the receipt of the
2009 Special Waste Goal Excellence Award. To be accepted by Dan
Rodriguez, Solid Waste Management Director, and Danette Huff,
recycling coordinator, and a host of others.
CHAIRMAN FIALA: You guys are just wonderful, I'll tell you.
You make us so proud.
(Applause.)
CHAIRMAN FIALA: Hi, Sherry.
COMMISSIONER HALAS: Thank you very much for
everything you do. You guys are great.
CHAIRMAN FIALA: He has a way with words, doesn't he?
COMMISSIONER HALAS: Good morning. Thank you for
everything you do.
CHAIRMAN FIALA: I have two things to give you. I'm going to
give you one of them. Jodi? How about if! give you this, and then
we'll give Dan the -- thank you.
(Applause.)
MR. RODRIGUEZ: Just briefly, Commissioners, if! could just
give you an idea. The award was given to the Solid Waste
Management Department. It's a national competition through
SW ANA, Solid Waste Association of North America. It was presented
back in September 22nd in California, but we didn't attend.
But I especially want to thank the Board of County
Commissioners for your direction, the integrated solid waste
management strategy, the county manager and our public utilities
division administrator. So, appreciate it. Thank you.
Item #4C
PROCLAMATION DESIGNATING NOVEMBER 9 - 13,2009 AS
Page 13
October 27,2009
ACCOUNTS PAYABLE WEEK, ACCEPTED BY BONNIE BAER,
ASSISTANT GENERAL OPERATIONS MANAGER, CLERK'S
FINANCE DEPARTMENT - ADOPTED
MR. OCHS: And that takes us to Item 4C, which is a
proclamation designating November 9 through the I 3th, 2009, as
Accounts Payable Week. To be accepted by Connie Murray, general
operations manager, clerk's finance department, and the staff.
(Applause.)
COMMISSIONER HENNING: Hi there.
COMMISSIONER HALAS: Good to see you. Good morning,
thank you.
COMMISSIONER HENNING: Where's Crystal at?
COMMISSIONER HALAS: There she is.
COMMISSIONER COLETTA: Try not to look directly into the
lens.
(Applause.)
CHAIRMAN FIALA: Good thing she always brings two
cameras, hey?
Crystal, did you want to say a few words?
MS. KINZEL: Bonnie will.
MS. BEAR: Good morning, Commissioners. My name is Bonnie
Bear. I'm the assistant general operations manager for clerk's finance
and accounting, and we'd just like to thank you and we're very grateful
that you're recognizing our hard work in accounts payable department.
Our staff works diligently to support the county. Thank you.
(Applause.)
Item #4 D
PROCLAMA TION DESIGNATING NOVEMBER 9, 2009 AS
COLLIER COUNTY FORECLOSURE TASK FORCE
Page 14
October 27,2009
WORKSHOP DAY, ACCEPTED BY JEFF AHREN AND
KATHLEEN P ASSIDOMO - ADOPTED
MR. OCHS: Madam Chair, that takes you to Item 4D, a
proclamation designating November 9,2009, as Collier County
Foreclosure Task Force Workshop Day. To be accepted by Jeff Ahren
and Kathleen Passidomo.
(Applause.)
CHAIRMAN FIALA: Good morning.
COMMISSIONER HALAS: Thank you for everything you do.
COMMISSIONER COLETTA: Thank you for what you do.
COMMISSIONER HALAS: Good morning.
CHAIRMAN FIALA: Hi, again. Boy, I see you all the time,
don't I? Here and there and everyplace. You must be an awfully busy
guy.
(Applause.)
COMMISSIONER COYLE: Good seeing you. Thank you.
MR. AHREN: Madam Chair, Commissioners, good morning. I'm
Jeff Ahren with Legal Aid Service of Collier County.
On behalf of all the members of the Foreclosure Task Force--
and it looks like almost everybody showed up -- we thank you for
acknowledging the efforts of our volunteers. We're deeply honored to
be the subject of this proclamation, and we hope that by designating
November 9th as Collier County Foreclosure Task Force Workshop
Day that anyone in our community who needs assistant will attend the
event at Gulf Coast High School that evening.
The goal ofthe Foreclosure Task Force is to promote foreclosure
prevention through education and intervention, and more globally, to
coordinate a community response to the challenges posed by the
number of foreclosures in Collier County.
The motto of our task force is, we are all in this together. A
remarkable group of volunteers have forged a bond and donated
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October 27, 2009
countless hours of service to their community and to their neighbors in
a time of need. Every Wednesday morning at eight a.m., task force
working group members meet, as they have for almost two years now,
to discuss foreclosure prevention and related topics.
The task force was launched initially by a small group of
concerned attorneys. It began as a cooperative effort between my
agency, Legal Aid Service, and members of the Collier County Bar
Association to see what could be done on a grassroots level to assist
the growing number of homeowners facing foreclosure in Collier
County .
Membership in the task force increased rapidly as did the number
of participating agencies. Early on the support of the Naples Chamber
of Commerce and Housing Development Corporation of Southwest
Florida greatly leveraged the efforts of the attorneys.
The task force has conducted numerous outreach events open to
the public all free of charge and designed to provide safe, reliable, and
timely assistance to those at risks of foreclosure.
These events have included workshops and legal clinics. The last
outreach event that we conducted at NABOR in May of this year was
attended by approximately 250 homeowners.
And we've also created a multi-media website that the public is
urged to search and look at. It's collierFTF.com, which also includes a
matrix of resources that we developed and distributed throughout the
community.
If you would indulge me, I don't want to disappoint anybody. I'd
like to list the following agencies that have supported the task force
initiative who will be participating in the workshop event on
November 9th.
In addition to my agency, Legal Aid, Collier County Bar
Association, Naples Chamber of Commerce, Housing Development
Corporation of Southwest Florida, Collier County Code Enforcement,
Collier County Clerk's Office, Collier County Sheriffs Office, Collier
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October 27, 2009
County School District, NAB OR, the City of Naples Code
Enforcement, Marco Island Area Chamber of Commerce, Marco
Island Area Association of Realtors, Mental Health Association of
Southwest Florida, David Lawrence Center, NAMI of Collier County,
our chamber alliance, Collier County Hunger and Homeless Coalition,
Collier County Housing and Human Services, SCORE of Naples, and
Florida Department of Financial Services.
I'd also like to very briefly extend a special thanks to the
following people: Kathleen Passidomo, the past president of the
Collier County Bar Association. She's a true leader among leaders on
the task force; and to current bar association president Peter van Dien,
and Lisa Mead, the executive director. I'd like to thank Kathy
Patterson. Her counselors at the Housing Development Corporation
have done tremendous work in this community. I'd like to thank Mike
Reagen of the chamber who provided crucial support, encouragement,
and facilitation; Bob Murray from the chamber alliance has done
yeoman's work; Diane Flagg with code enforcement has been
involved from many, many meetings, and her vision and innovative
work has been really helpful to our initiative.
Thanks to NABOR and J.P. and Tom Maday and Ellie Krier of
EK Consulting, and also to the school district and to the local
judiciary, including Magistrate David Friedman and the Clerk's office.
We have some core attorney members of our working group here
today, Pat Neale, Ed Larson, Jacqueline Buyze, Celia Deifik, Maureen
Aughton, Jane Cheffy, and Tara Mucca (phonetic), and Francesca
Pisarri.
Again, I thank you for indulging us a little bit to -- I did not want
to leave anybody out. I'm sure that if I did -- I just want to thank all of
the task force volunteers for their countless hours of service they
provided to the community.
And on one final note, while much work has been done to date by
the task force, each member recognizes that the enormity of the
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October 27, 2009
challenges posed by foreclosure and the devastating effects on
families in the community at large are felt when homes are lost and
that, you know, our grass-roots efforts, while we hope they're
assisting, they're certainly not collectively all that needs to be done.
The members of the Foreclosure Task Force would welcome the
opportunity to assist the county and this Board of Commissioners in
any way possible. We would welcome the opportunity to conduct or
participate in a future workshop on foreclosure before this Board of
Commissioners.
Our diverse membership base, multidisciplinary and multiagency
has gained practical knowledge and gathered much information
concerning foreclosures in Collier County and the related problems
and challenges that flow from foreclosure.
The task force members include experts and leaders in law,
business, real estate, and other areas. They work in private, public, and
nonprofit agencies. These stakeholders would be willing to assist the
Board of Commissioners to discuss relevant transient issues and to
explore public policy options and solutions.
Thank you, Commissioners, for this proclamation and for your
support. Thank you.
CHAIRMAN FIALA: Thank you.
(Applause.)
MR. OCHS: Madam Chair, if! may, just on behalf of the staff, I
would also like to personally thank the task force for their leadership
on this very difficult and pervasive issue.
I don't know how many people in the community know, but
there's been more than 10,000 separate foreclosure actions filed just in
Collier County over the last year and a half. And while there are some
positive signs for the economy in general, it appears that this particular
problem is going to be with us for quite some time.
And I think the suggestion by the task force for the
commissioners to, perhaps, consider a separate workshop to gain more
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October 27,2009
information about this issue and what we can do as a county to further
partner with the task force and other groups in the community that are
working on this issue is a very good suggestion, and we can talk about
it, perhaps, maybe during communications.
CHAIRMAN FIALA: Good. Commissioner Henning?
COMMISSIONER HENNING: Yeah. I'll wait for the
communications, but, you know, there's some information out there
that really needs to be shared with the board members and the
community as a whole, and prepare. I think we really need to prepare
for what could be. Prepare for the worst and hope for the best, as they
say.
So, I'm -- I guess we'll wait till communications on that. But I'm
more than willing to do that.
CHAIRMAN FIALA: Okay, great. Thank you very much.
Item #5A
PRESENT A TION OF A CHECK TO THE BOARD OF COUNTY
COMMISSIONERS FOR THE UNUSED FEES DISTRIBUTION.
PRESENTED BY LARRY RAY, COLLIER COUNTY TAX
COLLECTOR - PRESENTED
MR. OCHS: Madam Chair, that takes us to Item 5A on your
agenda, presentations. We have a presentation this morning of a check
__ which is always a good thing -- to the Board of County
Commissioners for the unused fees distribution presented by your tax
collector, Mr. Larry Ray.
Good morning, Larry.
MR. RAY: Good morning, Commissioners.
CHAIRMAN FIALA: Good morning, Mr. Ray.
MR. RAY: Greetings from the Tax Collector's Office. Tax
revenues were down this year. We all had to make adjustments to our
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October 27, 2009
operations to reflect the downturn in the economy, but I hope I'm here
with a bit of good news for you today.
On behalf of all the folks over in the Tax Collector's Office that
collect your property tax, business tax, tourist development tax,
provide motor vehicle and boat registration services, sell you your
hunting and fishing license, do your driver's testing and driver's
license renewal -- I think we do one or two other things, but I'm not
going to come up with them right now -- I'd like to present you with a
check for $8,645,361.54, which represents fees that we collected that
we did not use in support of our operations for this year.
(Applause.)
CHAIRMAN FIALA: Thank you, thank you, thank you, Mr.
Ray. I'll take that check.
MR. RAY: Sure.
CHAIRMAN FIALA: Thank you so much. Thank you.
MR. RAY: Do I get to shake everybody's hands?
CHAIRMAN FIALA: Yeah.
COMMISSIONER HENNING: This time you do.
MR. RODRIGUEZ: Thank you.
CHAIRMAN FIALA: Thank you.
COMMISSIONER HALAS: Thanks, Larry.
COMMISSIONER COYLE: Thank you very much. Appreciate
it.
CHAIRMAN FIALA: I guess I have to turn this over to you,
right, County Manager? So soon.
MR. OCHS: Perhaps, we have Ms. Kinzel in the audience, she
can take care of this for us.
COMMISSIONER COYLE: We don't want to get a picture of
him?
CHAIRMAN FIALA: Oh, Larry. Come on up.
MR. RAY: Could I get some volunteers?
COMMISSIONER COLETTA: Take the check out of the
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October 27, 2009
envelope and hold it up.
CHAIRMAN FIALA: Oh, okay. Good.
COMMISSIONER COLETTA: Let's all put our hands on it.
CHAIRMAN FIALA: Okay.
COMMISSIONER COLETTA: There you go.
CHAIRMAN FIALA: Come on, Larry.
MR. RAY: Take my glasses off.
CHAIRMAN FIALA: We'll get this photo opportunity.
COMMISSIONER COLETTA: You're supposed to say one, two,
three, remember?
MR. OCHS: Grab that check.
MR. RAY: I'll give it to Leo.
CHAIRMAN FIALA: As much as I'd love to keep it, I don't
think I have any right to, so might as well. Okay.
MR. OCHS: Thanks, Larry, so much. Appreciate it. Give that to
Crystal like right now. Thank you.
Item #6A
PUBLIC PETITION REQUESED BY MARCIA BREITHAUPT TO
DISCUSS DOMESTIC ANIMAL SERVICES MISSION
STATEMENT - PETITIONER ABSENT
MR.OCHS: Madam Chair, that takes us to your public petitions.
Your first public petition is 6A. It's a request by Marcia Breithaupt to
discuss Domestic Animal Services mission statement.
Ms. Breithaupt? I don't -- Ms. Breithaupt?
(No response.)
MR. OCHS: Move on to 6B, ma'am?
CHAIRMAN FIALA: Sure, please.
COMMISSIONER COYLE: Could I ask a question?
CHAIRMAN FIALA: Sure.
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October 27,2009
COMMISSIONER COYLE: Aren't we going to discuss this
ourselves? We talked about this the last meeting, and Commissioner
Henning's motion from the meeting before was that we --
MR. OCHS: Yes, sir.
COMMISSIONER COYLE: -- bring this back and talk about it.
MR. OCHS: Staff is coming at your November lOth meeting to
talk about this item as well as the report that you asked us to prepare
on the Trap, Neuter, and Release Program that was proposed by a
public petition at your last meeting.
COMMISSIONER COYLE: So we will deal with this, it will just
be at the next meeting.
MR. OCHS: Yes, sir.
COMMISSIONER COYLE: Okay, thank you.
MR. OCHS: Madam Chair?
CHAIRMAN FIALA: Thank you, Commissioner Coyle.
Item #4A, #4B, #4C and #4D
PROCLAMATIONS (ALL PROCLAMATIONS ADOPTED IN
ONE MOTION) - ADOPTED
MR. OCHS: I also have to ask the board if we could get a motion
to adopt all of your proclamations under 4.
COMMISSIONER COLETTA: So moved.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. Motion by Commissioner Coletta,
second by Commissioner Halas.
All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
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October 27, 2009
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Very good.
Item #6B
PUBLIC PETITION BY MAGGIE MCGALL TO DISCUSS
EST ABLISHMENT OF A CANINE BEACH IN NAPLES -
DISCUSSED
MR. OCHS: 6B, ma'am, is a public petition request by Maggie
McGall to discuss establishment of a canine beach in Naples.
MS. McGALL: My name's Maggie McGall. And, Honorable
Commissioners, unaccustomed as I am to public speaking, this is our
petition.
I am a proud owner of a pet-therapy dog. And as I mentioned --
anyways, I realize it will have to include an amendment to the
ordinance that prohibits dogs on the beach.
And my suggestion in the petition is that there are definite
parameters that would go with this. And I won't read it. I think I got it
in my head.
We would require that these dogs have canine good citizen
certification, and that means that these dogs have been obedience
trained, and they are under the control of their owners, and the owners
have signed a -- an agreement or a contract to keep their dogs so that
they do not infringe on anyone else's rights and that they pick up after
them and teach them courtesy.
We do not have a specific area of beach to request. Let me --
backing up. Let's go back to the parameters that -- on a public beach,
preferably one that is already a park, we would ask for hours from
dawn to eight a.m. and/or six to eight p.m.
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October 27, 2009
There's one section that I'm going to present that, perhaps, could
be an all-day doggy beach because it is not a public bathing beach.
Other parameter is that the canines would have to be duly
licensed, vaccinated, and neutered or spayed.
I can't help going through this part because I love it. We
circulated a petition, and it's still growing, but we have over 245
signatures on it, and that states our case here. We -- I say that dogs in
this city constitute a sizable consumer group when you consider all the
grooming, feeding, veterinarian services, et cetera.
Dogs are -- who are accredited perform community services.
We've seen what volunteers can do, foreclosure volunteers. The
volunteer pet therapy group serves hospitals, Hospice, nursing homes
in this community, and they do invaluable service to people in those
places. Somebody once said that a population or a civilization can be
judged on how it treats its old people and its infirmed. Well, our
therapy group is a big factor in helping those people in nursing homes,
Hospice, so forth.
If you could put this on the -- these are some shots from my
collage here. But you'll see that the -- it shows shots of dogs working
in libraries, in hospitals, in nursing homes, and a lot of these dogs
perform this service for numbers of years until they pass.
Anyway. Go back to the other one now.
MR. OCHS: Yes, ma'am.
MS. McGALL: Possible locations. I think I have covered the --
oh, another parameter is that the dogs would be monitored entering the
beach, and they would have to provide -- the owners would have to
provide a canine good citizen certificate to prove that the dogs had
been through this obedience program.
I would point out here that dogs are always monitored by our
local vets for just about every one of the common parasites and feces
and urine and blood. If you take your dog to the vet -- I can't pull it up
right now -- but at the bottom of your sheet, thanks to computers and a
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October 27,2009
very conscientious veterinarian staff, all these vaccinations and
screening tests are monitored, kept on the computer and brought up on
your billing sheet every time you take your dog to a vet for whatever
serVIce.
Now, my favorite part, the -- coming back to the arguments in
favor of a doggy beach. As household pets, we all know that dogs
provide unconditional love and, plus security for households. Some
places even will honor a physician's letter stating that a dog, a canine,
is a person's companion and improves their state of health.
And this next one is -- I say as our personal and informal trainers,
which my dog certainly is. She gets me up at 6:30 every morning.
They -- well -- they are our motivators for daily walks and this -- we
get ensuing tremendous health benefits from this.
And most of the time these walks, daily walks with our dogs, are
confined to city streets and a few parks. Dogs are prohibited from
many county parks and from some of the city parks. So these walks
are the city streets and a few beaches on leash.
The dog owners and the dogs many times would love to get in
the water. As you-all know, there are a lot of breed of dogs that are
bred for water. The spaniels, the retrievers, the labradors; my Blue
Heeler loves to fetch in the water.
I am a beach person myself. I've lived here three years. I can
count the times on two hands that I've actually been to the beach. The
reason is, when I get out, I have the dog with me. The dogs are
prohibited on the beach, so we go elsewhere. About the only time I get
on the beach is when we have -- I have company and they -- first place
they want to go is to the beach.
Part of the parameter that I stated earlier was that the dogs would
be leashed right up to the high tide, the mean high tide line, and that
means that they would not disturb any of the dune habitat, and that--
from the mean high tide line, if they urinate on the beach, which I defy
anybody to try to pick up after, the tidal flow will take care of the
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October 27,2009
unne.
Finally I say, a canine beach does really not disturb topography
and is no more of a hazard to wildlife than ordinary beach use by
bathers, surfers, boaters, people with Ski-Doos and so forth.
My other suggestion for a possible doggy beach is a place that we
sneak to once in a while, my dog and 1. That's on 951 as you approach
the Marco Island bridge. There's a turnoff to the right just before the
bridge, and there's a -- there's an inlet there, of course, and the
fishermen use that. And there's a small beach there below that or north
of the inlet that is bounded by very dense mangroves on one end and
the inlet on the other. Can't reach up that high. But you can see where
the bridge is. And just before the bridge coming from the north --
MR. OCHS: Point over here.
MS. McGALL: Right there. All right then. That is a possible
suggestion. Only accouterments that would be necessary would be a
fence on the highway, because that beach is very close to the highway
and that would endanger both traffic and the animals and handlers.
Also I'd point out that there's construction going on there right
now for, I guess, enlarging the marina, which means that the
equipment is there if a fence were to be installed.
CHAIRMAN FIALA: Thank you very much. We appreciate you
being here.
And Commissioner Henning?
COMMISSIONER HENNING: Yeah. I think most know that I
am a dog owner, that my dog loves the water. But it would take a lot
of enforcement to do what the lady says.
I don't know where we'd get the funds to do that. Besides, we
have endangered bird species on the beach, that's the Piping Plover,
that would cause a conflict. I think it's very noble. I know they do it in
other communities. I -- I'm not in favor of any changes myself because
of the economics.
CHAIRMAN FIALA: Thank you. Thank you very much.
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October 27, 2009
MS. McGALL: May I speak?
CHAIRMAN FIALA: No. We're done now. Thank you. We give
you ten minutes, and then we cut it off. But I thank you for being here.
MS. McGALL: All right. I was just going to tell you, we have
two German shepherds, and you wouldn't --
CHAIRMAN FIALA: Well, that's -- thank you. Thank you very
much.
Item #6C
PUBLIC PETITION BY JAMES GUERRERO TO DISCUSS
OUTSTANDING INVOICES FOR SHIP 09-025R AND DRI-05-
113, BOWERSOX PROJECT - DISCUSSED
MR. OCHS: Madam Chair, that takes us to Item 6C on your
agenda, which is a public petition request by James Guerrero to
discuss outstanding invoices for SHIP 09-025R and DRI-05-113,
Bowersox project.
MR. GUERRERO: Good morning, Madam Chair,
Commissioners. I've been in front of you before. I'm James Guerrero.
I'm a general contractor for 18 years.
I was selected under the Disaster Recovery Initiative and State
Housing Initiative Program to do a rehabilitation contract, residential,
and I was selected to do the program. The owner's name in this case is
Julieann Hardymon Bowersox, a noble lady, and I trust her judgment.
We completed work 100 percent. The volume of the total
contracts, two contracts, was $43,039; 29 thousand and 300 dollars
(sic) was paid -- excuse me -- $28,300 was paid, and a balance of over
14,000 is still owed.
The invoices that are outstanding are -- have been reported. The
payments were held or stopped by a finance housing initiative, and --
which was based on a tax lien. It is our understanding that the delay is
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October 27, 2009
not necessary or not needed because the application by Julie (sic)
Bowersox was qualified and approved by Collier County. The
application under the two programs only addresses income eligibility
__ eligible activities. The application by state and HUD do not address
liens and creditworthiness, only mortgage loans and credit card loans
based on federal and state regulations.
The arguments that I have are that the program is designed to
help low-income people who are in need of housing or better housing
and to help small business contractors in Collier County. The
investigation puts more burden on the people that the program is
intended to serve.
The program is also to stimulate the local construction economy.
And payments were stopped to participating contractors during a
two-month time period.
Needless to say, we also have two purchase orders with the
purchasing department, and those I'd like to mention, DRI 4510-861
and SHIP 4510-7935.
My conclusion is to review the status and intent holding the
payments with the goal to pay the outstanding contractual balance.
Thank you.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I'd like to ask Marcy to
come up to this microphone and Crystal to come up to the other
microphone, if you would, please.
First off, I want to compliment both of you on resolving so many
of the issues that have been out there and starting to move the backlog
forward. What we have here is a unique situation, and we have a
vendor here that's acted in good faith as per directions, and I'm not too
sure where we can go to be able to get this resolved, but I'm not too
sure why he has to pay the penalty because of a disclosure that
someone failed to make on an application.
Am I reading this wrong? We'll start with you, if I may.
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October 27, 2009
MS. KRUMBINE: For the record, Marcy Krumbine, director of
housing and human services. I sort of feel like I'm in a courtroom and
I'm going to present the case.
COMMISSIONER COLETTA: You are, and we're watching
every move that you make.
MS. KRUMBINE: In a sense you are correct. First of all, I would
like to say that the customer or the client in our terminology did
disclose everything that there was to disclose. She didn't write it on an
application but provided that backup information. And I would like to
say, again, for the record, that it was not a part of our policies and
procedures to look at credit and look at credit worthiness. That wasn't
part of the program.
And today, Commissioners, on the consent agenda, per your
direction, you've asked us to firm up our policies and procedures, and
we've put that on the consent agenda. So for going forward, that will
be a procedure that we -- that we incorporate for all of our clientele.
So everything was disclosed, and the county does have an active
and legal purchase order with this contractor to do the work. He did
the work. It was signed off on by my office.
COMMISSIONER COLETTA: Okay. Crystal, once again, thank
you for clearing up most of the backlog in this last issue. Is there
anything that can be done to resolve this?
MS. KINZEL: Commissioner, thank you. For the record, Crystal
Kinzel, finance director. We had the chance to meet with Mr.
Guerrero. We've explained the situation.
His agreement is with Ms. Bowersox. They are the two parties to
the agreement. And while the county is funding, the county's
agreement is with Ms. Bowersox. As soon as we can resolve and
validate that we would be making a legal payment, we will certainly
do that.
We have paid Mr. Guerrero prior to this issue coming to our
attention, and we continue to pay him on anything that is a qualified
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October 27,2009
expense. So we're trying to help his cash flow. We understand small
vendors. We try to response as quickly as we can. But in this case, we
do have to validate that this would be a legal payment. And at this
point, we do not have that ability to validate. We're awaiting an
investigation. And upon that return, we will do whatever that
indicates.
COMMISSIONER COLETTA: The investigation, is this
something you're doing, your department, or is this --
MS. KINZEL: No. As was mentioned at the last meeting, it is
with the Sheriffs Office at this time.
COMMISSIONER COLETTA: Okay, thank you. And we'll
continue to monitor what's taking place. But, please, get it resolved so
we can get the vendor paid, both of you.
MS. KINZEL: And Commissioner, we are meeting with Mr.
Guerrero. We met with him again in the last two-week time frame and
went over all of the documents with him, so I believe we are making
every effort to work with the vendor.
COMMISSIONER COLETTA: Jeff, you got anything to add?
You're looking at me.
MR. KLATZKOW: No, I don't have anything to add.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN FIALA: Okay. Thank you, everyone.
COMMISSIONER COYLE: Wait.
CHAIRMAN FIALA: I'm sorry. Commissioner Coyle? Excuse
me. I'm sorry.
COMMISSIONER COYLE: I have a great deal of sympathy for
Mr. Guerrero concerning this issue, but I just cannot let the record
reflect what he has submitted to the record because it is inaccurate.
This is your, what, third time before us; is that not correct?
MR. GUERRERO: Yes, sir, it is.
COMMISSIONER COYLE: On the same issue. Every time we
have answered all of your questions, we have clearly defined what the
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October 27, 2009
problem is. It is not with the housing and urban department for Collier
County .
We might have done a better job of reviewing the lady's credit
history, but the issue of payment is an issue you have to take up with
the Clerk's Office, not the Board of County Commissioners. And
we've made that clear now on three occasions, and you still make
comments like, the Collier County Housing and Human Services
Department has not responded to six requests for payment. That is
absolutely untrue. We have all responded to your requests for
payment, and we have been supported -- supportive of your requests
for payment.
There are legal arguments, however, why the clerk can't issue the
check. It has nothing to do with Marcy Krumbine and our housing and
urban development department.
You also accuse the Collier County Housing and Human
Services Department for refusing payment, and they have not refused
payment. They have been supportive of you getting payment.
So if you're going to present these kind of arguments to us, I
would ask that you do so in a truthful and complete manner.
Your argument is with the Clerk of Courts, and as soon as that
legal issue is resolved, I am sure the clerk will give you the payment.
We are powerless in this respect, and that's what we've said three
times now in your public appearances before this board.
And while I'm sympathetic, I do not appreciate you coming in
here three different times criticizing a department of Collier County
Government when we've done nothing but try to help you resolve this
lssue.
Okay. So that's all I have.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah, just briefly. And I
appreciate the commissioners' indulgence. And he's not here of his
own initiative. I asked him to come.
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October 27, 2009
But the positive thing was, is that while all this was going on, this
is the only venue he's got to reach out to us and the Clerk of Courts.
There's been many, many vendors that have been paid that had a
backlog before, and I think it's only through the public exposure that
takes place in this room and the indulgence of this commission to be
able to listen to it.
I think you're correct in what you stated. Right now the ball is in
the court of the Clerk of Court, and he's exercising due diligence as he
sees fit. And I plan to monitor from here on out and see what's taking
place. And I do appreciate the fact this commission has listened to it,
because you brought a lot of payments to resolution. There's a number
of vendors out there that weren't getting paid that did get paid because
of Mr. Guerrero taking the time to come forward and this commission
listening to it and all the departments ending up working together on
it, so there's a lot of positive that came from this.
COMMISSIONER COYLE: Well, I would argue to the contrary.
It was in the Clerk of Court's ballpark from the very beginning. The
first meeting it was -- the clerk clearly explained to us what the
problem was. The second meeting the clerk explained to us what the
problem was. This time the clerk has again explained to us what the
problem was.
These public petitions have done nothing to change that. It's been
that way from the very beginning. And these public petitions will not
do anything to change that because they've been working on it and are
waiting for a sheriffs investigation to be completed.
So we have done nothing except to place into record documents
which unfairly accuse our housing and urban development department
of failing to do their job and failing to make payments. They can't
make payments. End of story.
COMMISSIONER COLETTA: No, it's not end of story. And if!
may, sir, I'd like to remind you one more time, this is the last of many,
many vendors that were looking for payments, many payments they
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October 27, 2009
were looking for. They have been resolved, many of them, and it's
because of this commission listening to this gentleman here who came
forward. There's other vendors, too, that -- the issue has been more or
less taken care of. This is one issue that's left out there.
I agree with you, it is with the Clerk of Courts. But your patience
in listening to Mr. Guerrero has brought about a lot of resolution. We
have two departments that were at war with each other a couple
months ago, and they've been working very close together since then.
And I thank you for listening to everything that's been presented
today.
CHAIRMAN FIALA: Thank you. And on to the next one,
please.
MR. GUERRERO: Thank you, Madam Chair, Commissioners.
Item #6D
PUBLIC PETITION BY RANDY JOHNS TO DISCUSS A
REQUEST BY SW ANP BUGGY, INC., FOR EXEMPTION FROM
THE CURRENT NOISE ORDINANCE - THIS ITEM TO BE
BROUGHT BACK AS A REGULAR AGENDA ITEM -
CONSENSUS
MR. OCHS: Madam Chair, that takes you to Item 6D, which is a
public petition request by Randy Johns to discuss a request by Swamp
Buggy, Inc., for exemption from the current noise ordinance.
Mr. Johns?
MR. JOHNS: Good morning. I'm Randy Johns. I'm here on
behalf of the swamp buggy board. I wanted to thank you guys for the
support you had over the years for swamp buggy.
As you know, the swamp buggy's been around for 61 years.
They've been -- their mission statement's been to put on affordable
entertainment for the community, also allowing other venues to use
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October 27,2009
that facility to raise funds and stuff for their venues.
We were located on Radio Road years before, and as you know,
people started building in and getting close to us and complained to
the commissioners, and we are now located where we are today.
We've been there for 25 years.
We know now that there is other developers that wanted to move
in next to us. We've been there with the noises and stuff that we make
on our weekends and stuff for these 25 years. We don't want to stop
development, but we do not want to be stopped doing the business that
we're doing.
We'd like to ask you guys to give us the same noise exemption
that you have given to Immokalee drag strip, to the fairgrounds, to the
airports, those type of exemptions.
And that's kind of where we're at with this. I don't think that it
would hurt any development around us that will be moving in if we
were to get those exemptions. You know, we haven't had complaints
in the past, and I just don't -- we'd like to not have complaints or be in
a position where we have to move again, so that's why we're here
today. Thank you.
CHAIRMAN FIALA: Thank you. Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. Thank you for being here
today Randy.
MR. JOHNS: Thank you.
COMMISSIONER COLETTA: I've been involved in the swamp
buggy for quite a long time and got quite a history on it. The last noise
complaint that came from that area was back when they had the
shooting range, and that was about seven years ago, six, seven years
ago, and that was people moving in some distance away not being
used to gunfire except on television. They were brought to the
shooting range, demonstrated what it was. The whole thing ended up
that that went away, then the shooting range went away.
There hasn't been a noise complaint from swamp buggy in
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October 27, 2009
forever. I'd like to see this moved to an agenda for consideration. Of
course, would there be public meetings on this for this to be able to go
forward? Not that there's anybody that lives in that neighborhood that
I could think of that would want to interact if you use the
measurements that you do for how far away you notify somebody.
MR. KLA TZKOW: If the thought of the board is to grant an
exemption ofthe noise ordinance for the swamp buggy folks, then you
would have a public hearing for the change in the ordinance.
COMMISSIONER HENNING: Okay. Well, I'm for going
forward with it and having it brought back to have it changed.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah, I am, too.
CHAIRMAN FIALA: Me, too.
COMMISSIONER HENNING: I mean, I don't know if we could
do it by a simple resolution.
MR. KLATZKOW: No. You need to -- you would need -- you
would need and you would want to amend your ordinance. They're in
a part of the county that's rapidly developing. This issue came to my
office's attention during the PUD process when there was talks about
maybe putting an exemption in the PUD, and it was my thought, just
-- there's no point in doing this because you're going to have all these
developments around there, just give them the -- ifthe board wants,
you just give them the exemption.
I don't know that you have an exemption for the fairgrounds. I
know that was mentioned. And I don't know if you want us to look
into that as well.
COMMISSIONER HENNING: Yeah. Personally I think that we
need to do that. I hate to -- I know it costs us money every time we
have to advertise for these ordinance changes.
MR. KLATZKOW: Not as much as you think, because we're
starting to combine them. They're running about 80 to $100 per
ordinance to advertise. If you look at them now, we're bunching like
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October 27,2009
six or seven in at a time. That's considerably reduced the average cost.
COMMISSIONER HENNING: Okay.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I'm sympathetic to getting
something done to protect swamp buggy, but I just want to explore
briefly ifthere isn't a better way of doing it. If you exempt somebody
from the noise ordinance, that essentially means that no matter what
activity they conduct there -- they can detonate 500-pound bombs
there and you can't enforce the noise ordinance. But you -- the way
that we did this for the Marco Island Airport was to require that the
surrounding developments include notifications to anyone who bought
property that this park was there, that the swamp buggy conducted
their activities there, and we intended that they continue conducting
their activities there, and that no complaints concerning the noise of
the swamp buggy activities would be enforceable.
Now, that is a little different than just exempting them from the
noise ordinance.
MR. KLA TZKOW: The exemption would be limited to -- it
would be a reasonable exemption. They would be limited to times. I
mean, typically maybe seven to ten p.m., something like that, and
we'd bring out something that they could live with and the community
could live with as well.
COMMISSIONER COYLE: The problem still remains that when
people buy property there, if they're not aware of this exemption,
they're going to buy property and then they're going to be complaining
to us when they hear this noise.
My objective is to not only let the swamp buggy continue their
operations there without harassment or complaint, but it is to make
sure that the people who purchase in the surrounding communities
know that that facility is there and they know that these operations are
going to be conducted there, and that way we won't have nearly so
many unhappy residents. That would be my objective.
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October 27,2009
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: That's a good point. In the last
PUD, and I believe the last -- the one before that, we made that a
requirement that they do just that. And it's a -- you're right, it's a safety
measure, because even if you have an ordinance in place, people are
going to have a hard time if they haven't been prewarned that this
ordinance is there.
I'm kind of reluctant to add the fairgrounds to it, because that's a
whole different situation. You're going to fill this room two times over
if you add the fairgrounds to it. I would rather the fair board come
here separately and make that request, and then we can deal with it as
a separate issue, because I -- it's going to -- that would, in itself, blow
this whole thing apart. I think swamp buggy is extremely different
than the fair.
CHAIRMAN FIALA: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yeah. I also feel that we need to do
something not only with the swamp buggy grounds, but also the
people that surround them.
It seems funny that people know there's an airport, and the
airport's been there for years. First thing they do when they move in is
start raising cane that they want to shut the airport down.
So I understand where you're coming from, and I feel that we
need to address that. And I think the best way, as was discussed here,
is to put that in the documents of people who are going to buy
residence in that area, maybe a mile away or two miles away, because
on certain days when the wind is blowing a certain direction, there's
going to be noise, and it's going to travel with the -- with the wind.
So I believe that we need to make sure that we cover all angles so
that we don't run into this particular problem. People have got to
realize the swamp buggy grounds are there. There's particular times of
the year that the races are run, and so be it.
CHAIRMAN FIALA: Randy, thank you so much for being here.
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October 27,2009
I remember when it was on Radio Road. You could hear it over at my
place. I thought it sounded wonderful, by the way.
And as you can see, I think all five commissioners agree that we
want to keep you there and we want people who move in not to be
complaining about the noise there.
And Commissioner Coletta asked that we bring it back to a
regular agenda item, and you -- and County Manager, you see five
people in agreement.
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: Thank you.
MR. JOHNS: I did check our PUD. It doesn't allow us to
detonate 500-pound bombs.
COMMISSIONER COLETTA: We can change that.
COMMISSIONER COYLE: Yeah, we can. I'd like to see the
rifle range back out there.
MR. JOHNS: Not yet. Thank you.
Item #9 A
RESOLUTION 2009-257: APPOINTMENT OF MEMBERS TO
THE RADIO ROAD EAST OF SANTA BARBARA BOULEVARD
TO DAVIS BOULEVARD ADVISORY COMMITTEE:
APPOINTING RENA TO F. FERNANDEZ (4 YEAR TERM)
THOMAS FRANK DEPOUW AND SUZANNE J. CHAPIN
(3YEAR TERMS), DALE M. JOHNSON AND PAIGE SIMPSON
(2 YEAR TERMS) - ADOPTED
MR. OCHS: Madam Chair, that takes you to Item 9 on your
agenda, which is Board of County Commissioners. 9A is an
appointment of members to the Radio Road East of Santa Barbara
Boulevard to Davis Boulevard Advisory Committee.
COMMISSIONER HENNING: Madam Chair, I make a motion
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October 27, 2009
that we approve the list, and on the list is Dale Johnson, Tom DePouw,
Renato Fernandez, Sue Chapin, Paige Simpson.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. I have a motion and a second. A
question I have to Sue Filson is, these are supposed to be four-, three-,
and two-year appointments. Do we make that decision here, or do they
make it when they meet or how does that happen?
MS. FILSON: That is up to the board. Sometimes you make their
term appointments and sometimes you leave it up to them. But I just
wanted to point out that they aren't scheduled to meet for their
organizational meeting until April the 6th, so you may want to set
their terms today or we can wait till April.
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: Can I make a suggestion we just do
it in order, start at the top and those people get the two years, the next
ones get three years?
MS. FILSON: Well, we have one member for four years,
according to the ordinance, two members for three years, and two
members for two years.
CHAIRMAN FIALA: I was reading through all --
COMMISSIONER COYLE: Start at the top.
CHAIRMAN FIALA: -- of their -- all of their resumes, and if I
could make a suggestion -- but Commissioner Henning, this is your
district. I'm going to throw this on the table. See if you like it and --
Renato Fernandez, I thought he would go for the four-year because it
seemed like he had the most experience in all ofthis, and he's been
involved in a couple committees, and then Thomas DePouw and
Suzanne Chapin, three years, and then Paige Simpson and Dale
Johnson two years.
Would that -- I don't know any of these people but Renato, but
according to their resumes, it sounded like that would make some
sense, if that would be okay with you.
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October 27, 2009
COMMISSIONER HENNING: That's fine, either that or they
could just arm wrestle. I don't care.
CHAIRMAN FIALA: That might be more fun to watch.
COMMISSIONER HENNING: Yeah. I -- that's a part of my
motion.
MS. FILSON: Since we don't have term limits anymore, they can
be reappointed.
CHAIRMAN FIALA: Sure, sure. So Commissioner Henning said
that would be part of his motion, and Commissioner Coyle, second?
COMMISSIONER COYLE: I'll second it.
CHAIRMAN FIALA: Okay. All those in favor, signify by saying
aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Thank you. Very good.
And we go to 9B.
Item #9B
RESOLUTION 2009-258: APPOINTMENT OF MEMBERS TO
THE HISTORICAL/ARCHAEOLOLGICAL PRESERVATION
BOARD: REAPPOINTING SHARON KENNY, WILLIAM J.
DEMPSEY AND PATRICIA A. HUFF - ADOPTED
MR. OCHS: 9B, appointment of members to the Historical
Archaeologic Preservation Board.
COMMISSIONER COLETTA: Make a motion to approve the
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October 27,2009
committee's recommendation --
COMMISSIONER HENNING: Second.
COMMISSIONER COLETTA: -- of Sharon Kennedy (sic),
William Dempsey, and Pat Huff.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Did you say a second already?
COMMISSIONER HENNING: Yeah.
CHAIRMAN FIALA: Okay. I have two seconds. So the first one
was Commissioner Henning. Motion was made by Commissioner
Coletta, seconded by Commissioner Henning.
All in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Very good.
Item #9C
RECOMMENDA nON THAT THE BOARD OF COUNTY
COMMISSIONERS APPROVE THE COUNTY MANAGER
EMPLOYMENT AGREEMENT WITH LEO E. OCHS, JR. AND
AUTHORIZE THE CHAIRMAN TO EXECUTE SAME -
APPROVED
MR. OCHS: Next item is 9C, Madam Chair, recommendation to
approve the County Manager Employment Agreement.
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER HALAS: Second.
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October 27,2009
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second. Motion is made by Commissioner Henning, a second by
Commissioner Halas.
Commissioner Halas, did you want to say something on this
subject?
COMMISSIONER HALAS: Yes. When you look at all the
salaries of the surrounding cities and other counties, I think our new
county manager has looked very carefully at making sure that he is not
overpaid. In fact, if anything, he's going to be overworked and
underpaid. And I wish him the very, very best in the next -- through
the duration of his contract and look forward very much to working
with him.
MR. OCHS: Thank you.
CHAIRMAN FIALA: Thank you. Well said.
Commissioner Henning?
COMMISSIONER HENNING: Well, Madam Chair, Leo, I'm
anxious and looking forward to working with you as your term -- as
my term as county commissioner, as your appointment to county
manager, and I'm very excited to hear your ideas and how we need to
lead this county and look forward to making those changes.
MR. OCHS: Thank you, Commissioner.
COMMISSIONER HENNING: Thank you.
MR. OCHS: Appreciate that.
CHAIRMAN FIALA: Leo, just for me, you're doing an
outstanding job. And this agreement was very fair, and so I wanted to
commend you for putting this together. And as you can see, all five
commissioners are eager to get this thing going. And we appreciate all
you've done so far. Thank you.
MR. OCHS: Thank you very much, Madam Chair.
CHAIRMAN FIALA: I have a motion on the floor and a second.
All those in favor, signify by saying say.
COMMISSIONER COYLE: Aye.
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October 27,2009
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: You know what, I think it's time for us to
take a break so that we can be back for our time certain.
MR. OCHS: Very good. 10:30 you're returning, ma'am, for your
time certain?
CHAIRMAN FIALA: Yes.
MR. OCHS: Thank you.
(A brief recess was had.)
CHAIRMAN FIALA: Will you-all please take your seats. Thank
you. We're back in session. I appreciate everybody that's here.
Item #IOA
RECOMMENDA TION THAT THE BOARD OF COUNTY
COMMISSIONERS REVIEWS THE TDC SUBCOMMITTEE
RECOMMENDATIONS AS APPROVED BY THE TOURIST
DEVELOPMENT COUNCIL AND PROVIDES DIRECTION TO
THE COUNTY MANAGER OR HIS DESIGNEE FOR FURTHER
ACTION INCLUDING THE AUTHORIZATION TO PROCESS
ALL NECESSARY BUDGET AMENDMENTS COVERING
DIRECTION THAT INVOLVES THE MOVEMENT OR USE OF
TDC FUNDS -APPROVED W/CHANGES
CHAIRMAN FIALA: Our next item is going to be the TDC
Subcommittee recommendations. That's item number lOA.
MR. OCHS: Yes, ma'am. It's a 10:30 time certain, Item lOA. It's
a recommendation that the Board of County Commissioners reviews
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October 27,2009
the TDC Subcommittee recommendations as approved by the Tourist
Development Council, and provides direction to the county manager
or his designee for further action including the authorization to process
all necessary budget amendments covering direction that involves the
movement or use of TDC funds.
Mr. Jack Wert, your tourism director, Madam Chair, will present.
CHAIRMAN FIALA: Let me just stop you for a moment and tell
everybody what the rules of the game are, just so everybody
understands what we're doing here. Number one, we have 32 speakers,
and at this time --
MS. FILSON: Thirty-three.
CHAIRMAN FIALA: Thirty-three speakers -- and at this time
we will not accept any more speakers. We always stop accepting
speakers as we begin the subject, that way then we know what we're
dealing with. Thirty-three speakers at three minutes each, that's only
99 minutes. We should be here and having a great time.
And next, there are ten different items on this -- on this subject,
and what I've told our director of tourism is that we'll take them one
by one. We'll discuss each one separately rather than bunch them all
together.
So we have all of these speakers. And I'm not quite sure how
we're going to handle calling the speakers because there might be one
subject that nobody has any comments on but we've got 33, or did
they tell you which subjects they want?
MS. FILSON: I don't think so. It says subcommittee
recommendations.
COMMISSIONER COYLE: Madam Chair?
CHAIRMAN FIALA: Yeah.
COMMISSIONER COYLE: Could I make a recommendation?
CHAIRMAN FIALA: Certainly.
COMMISSIONER COYLE: Can we just go down the list, and if
someone wants to speak on item number one, we let them speak
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October 27,2009
before we debate it and make a decision.
CHAIRMAN FIALA: Very good.
COMMISSIONER COYLE: And then we move on to the next
one.
CHAIRMAN FIALA: I think so. And then Sue can just eliminate
them from her speaker slip?
COMMISSIONER COYLE: Yeah, yeah.
CHAIRMAN FIALA: Very good. Okay, folks. We've got a
suggestion and I love it, so that's what we're going to move forward
with on each subject. Whoever wants to speak on that one will then
raise their hands, and then Sue will -- as they come up on that
particular subject, Sue will eliminate that speaker slip from the stack
that she has, okay?
Thank you very much for your indulgence.
Jack, move forward.
MR. WERT: Thank you, Madam Chair, Commissioners, good
morning. For the record, Jack Wert, tourism director.
Just a brief bit of history how we got to where we are today.
Chairman Fiala did appoint a subcommittee made up of four persons
ofthe Tourist Development Council to meet and come back with some
recommendations to the full Tourist Development Council.
That subcommittee met nine times in May, June, July, and
August, and came back to the Tourist Development Council with
some recommendations in August, and we are bring those ten
recommendations to you today.
That subcommittee was chaired by Murray Hendel, who is also
the vice-chair ofthe Tourist Development Council. And I thought if
we could just have Murray come up and just give us about two
minutes of why he proposed this subcommittee and what the purpose
of that group really was -- because I think it really frames what these
recommendations are.
Mr. Hendel?
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October 27,2009
MR. HENDEL: Thank you. Madam Chairman, Commissioners,
pleasure being here today.
Commissioner Fiala, Chairman Fiala, the TDC appointed a
committee a number of months ago to look into the ordinances
affecting the tourist tax. As you-all know, the tourist tax in Collier
County today is 4 percent. The tourist tax in most of the other counties
in Florida is 5 percent.
You add that to the regular sales tax we have, which is 6 percent,
so when anyone goes to a hotel, the tax is 10 percent. And that was
one of the subjects we discussed.
But what I want to do is make sure that the Board of County
Commissioners understands the process we went through in
formulating these recommendations.
As Jack said, we had a number of people come before us, and the
bottom line was, we needed to spend more money on advertising. So
the committee in its deliberations, as they analyzed each one of the
areas where the money was being spent, whether it was museums or
beaches or whatever, came up with a tentative conclusion that we
should probably try and raise a million dollars pretty quick if we want
to get some advertising out to bring in some business for the Collier
County community.
So as you go through the recommendations, you'll see that there
was a million dollars roughly recommended, and -- as we get into the
detailed suggestions, but a million dollars was recommended so that
we could do year-round advertising in the county, which historically
we have never done before.
As you-all know, originally we didn't want anyone coming in
here except in the off season. So this recommend -- these
recommendations from the subcommittee were revolutionary in that
we want to advertise Collier County for the whole year.
So as we go down the suggestions, that theme will be in all of the
recommendations. And I just want to make -- well, I won't even make
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October 27,2009
that.
Thank you, Jack.
MR. WERT: Thank you, Mr. Hendel.
MR. HENDEL: I'll have a lot of discussion on certain
recommendations if you want the background on it. Thank you.
MR. WERT: Yes. Murray then will be a resource for us as a
member of that subcommittee and actually chairman.
MR. HENDEL: I would like to introduce the members of the
subcommittee, Susan Becker, would you please stand? And Clark
Hill. Clark here? They are the two other members. Bob Miller, the
fourth -- third member, unfortunately, can't be here today. Thank you.
MR. WERT: Thank you, Mr. Hendel.
All right. That said, the whole purpose was to find more
marketing dollars in a variety of different ways. So we'll begin with
recommendation number one, and let me point out that we certainly
have a lot of speakers on the various ones. We also did receive a letter
from the Naples City Council and the Marco Island City Council
related to the beach issues opposing both of those. I want to go on
record, and I believe I included a copy of those letters from each of
those groups as part of your packet.
The first item is related to the county-owned museums, and that
particular category is an allowable use of tourist development funds in
the state statute. And since 1998, Collier County has funded the
operation of the Collier County-owned-and-operated museums, and
that amounts to 22 percent of the first 2 percent of the tourist
development tax, goes for that use.
The recommendation from the subcommittee was looking out to
fiscal year' II, not the current year we're in, but fiscal year' II, to
begin reducing the funding that the county-owned museums received
by a third each of the next three operating years to eventually reduce
that allocation to the museums and use those funds currently used for
the museum operations for marketing and advertising.
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October 27, 2009
The annual budget of the Collier-owned museums is about a
million-and-a-half dollars. Some years carry forward that gives them a
little more, but let's use a million and a half as their operating amount.
And so 500,000 per year it would be reduced each of the next three
years. .
That's the recommendation, and that was a 7-1 vote at the Tourist
Development Council moving forward to the County Commission.
CHAIRMAN FIALA: Donna Fiala voting against it. So now
what we're going to do is call on -- or have the speakers on this
particular item regarding the museums come up, and then, Sue, you'll
take them off of the list; is that correct?
And then after we've heard from our speakers, we will hear from
the commissioners.
MS. FILSON: I've just gone through all the speakers, and I only
have one that actually says what they want to speak on, and that's the
museum.
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: Show of hands.
CHAIRMAN FIALA: Pardon me?
COMMISSIONER HALAS: How about a show of hands?
CHAIRMAN FIALA: Show of hands. How many people wanted
to speak on the museums? Okay.
Well, why don't we -- this is going to -- how do we call them
now? Let's see. Should I just ask everybody to come up and line up
and --
COMMISSIONER HALAS: Maybe what you need to do is ask
the person their name so you can pull the tag and stick it to the side
and then --
CHAIRMAN FIALA: Okay.
MR. OCHS: Madam Chair?
CHAIRMAN FIALA: Yes.
MR. OCHS: Madam Chair, you could have one speaker come at
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October 27,2009
each podium. That way we could move this along. They could identify
themselves.
CHAIRMAN FIALA: Thank you. Okay.
MS. FILSON: The first speaker I see, I believe he has two
speakers that are going to cede their time to him so that he can show a
DVD.
MR. MEDWEDEFF: It's a PowerPoint presentation.
MS. FILSON: A PowerPoint presentation.
CHAIRMAN FIALA: And that's Rick Medwedeff?
MS. FILSON: Yes, ma'am.
CHAIRMAN FIALA: So you've got nine minutes; is that
correct?
MR. MEDWEDEFF: Yes, ma'am.
COMMISSIONER COYLE: Who are the people?
MS. FILSON: And the people are Steve McIn, T -- I can't--
MR. McINTIRE: McIntire.
MS. FILSON: And Larry Dulski. And then Rick Medwedeff.
MR. MEDWEDEFF: Commissioner, now my presentation was
going to be encompassing the -- four of the recommendations, so I'm
just going to -- ifit's okay, I'll just speak to all of them.
CHAIRMAN FIALA: Sure, sure.
MR. MEDWEDEFF: Is the slide show on? So do I just hit enter?
MR. WERT: If! can help you here.
MR. MEDWEDEFF: Do I just hit enter? Good morning. I'm
Rick Medwedeff. I'm the general manager at the Marriott on Marco
Island. I'm also a member of the Tourist Development Council. I've
been in the lodging industry for 27 years, and I currently employ over
700 associates.
The facts. I thought I'd start off today with some facts. The first
being is that we're in the worst recession since the Great Depression.
Lodging has been not only impacted by this recession, but by the AIG
effect. Just for those that don't know what that means, is last year
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October 27,2009
when the financial institutions melted down, the federal government
came out and bailed them out with T ARP money.
One of those companies was AIG, and later in the year they were
seen hosting an event at an upscale resort, they got all of the media,
the government jumped all over it, and even a senator tried to pass a
law that said that we should not be holding conventions at upscale
resorts or resorts in general, even though -- if it was cheaper to go
there than a traditional hotel.
That obviously had a devastating impact on our industry and, in
particular, Collier County because of the density of our -- or the
number of upscale resorts that we have in our community. It affected
us greatly.
At my resort, we took over 12,000 rooms of cancellations. Now,
part of that was recession related, but part of it was the AI G effect.
And as a result, Collier County's RevP AR is currently down 22
percent for the year. Just as a reminder, RevP AR is our measurement
of average daily rate and occupancy.
Unfortunately, the forecast for next year is a continued decline,
anywhere from 3 to 5 percent. And so you know, that has been
presented by organizations, PriceWaterhouseCoopers, PKF, and Smith
Travel.
We also, as a fact, we have 31,000 workers in the tourism
industry that have and will be negatively affected by these results.
One last fact is that Collier County allocates the lowest
percentage of its bed tax to marketing. In fact, we're 16 points lower
than the closest competitor, 33 percentage points lower than the
average.
So what are we asking of you today, Commissioners? First, to
recognize that we are truly in a crisis, that we need to take
extraordinary measures to mitigate this downward trend that we have.
As such, there are nine recommendations that have been put forth
to you that were overwhelming supported by the Tourist Development
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October 27, 2009
Council. Also you should note that -- for the record that the Collier
County Lodging Association has submitted a letter to you-all that
unanimously support all nine recommendations.
I want to highlight four of them. Access to the emergency
marketing funds. Emergency marketing funds are earmarked for
traditionally hurricane emergencies. Last year you authorized us to
access those funds as part of our normal funding and -- because our
economy was in a crisis, that we felt that that was a bigger crisis than
any hurricane could impact our economy . We're in that -- we're in a
worse situation today, and so we're asking for that. That's
approximately a million dollars.
The next two items in here are the redirecting 500,000 of the next
two years emergency beach funds. So you should know, there's $3.5
million in reserves in those funds right now. We're not asking to touch
those. We're talking about redirecting the next two years of 500,000
that goes into those funds.
We are also asking to redirect 500,000 of the approximately $2
million that will be allocated to major beach renourishments. Again, in
that fund there's approximately $6 million currently there and another
$7 million that have been submitted by FEMA.
Last on my items that I wanted to talk about is the phasing out of
the operating costs of the county-owned museums starts in 2011 and
doing that over three years.
So the big question is, will additional marketing make a
difference? So you should know, I believe it will. As a general
manager for my property, I've increased the leisure marketing at my
resort by 34 percent this year.
But let me give you a more specific example by the CVB. Last
year, using your emergency funds that you gave us, we targeted our
European market, specifically Germany, UK, and Canada. As you can
see, in the month of August of last year, we pretty much had no
activity on our website, and then in September and October it shot up
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October 27,2009
dramatically. But what's more important is the end result, a 52 percent
increase in September and 82 percent increase in October for the
European market, and a 6.8 percent increase in the Canadian market.
And Commissioner Henning was instrumental in helping us
achieve those goals and get those fundings, and that was a direct result
of that effort.
A more recent one is the instate campaign that we did this year.
You can see the markets we targeted. The significant increase in both
the web page and inquiries. But again, more importantly, how is it
translated into occupancy? In 2009 you can see we're down ten points
in occupancy all driven by the collapse of our group market where we
now have a 6 percent growth in our transient. We're reversing a
two-year negative trend, and that's a direct reflection of our marketing
efforts.
I would tell you there's other evidence that marketing works. We
have a research organization that the CVB hires to survey visitors, and
over 50 percent of the visitors respond to this survey that they are
influenced by the marketing messages that we send them.
I know that there's always a question out there, are we at a point
of diminishing returns? I'd like to make a few comments on that. First,
if we do not allocate these additional fund -- additional monies to our
marketing efforts, we cannot reach new markets and new people. So
you should know, 40 percent of our visitors are first-time visitors. You
think about yourself, when you go on vacation, you don't go to the
same place every year. You try different places. We need to attract
that to sustain our business.
I would also tell you, if we were running 95 percent occupancy,
we would probably be at a point of diminishing returns. We're not
even close to that kind of percentage.
But last, and not least, all of our competitors obviously feel that
they're not at a point of diminishing returns by their overwhelming
funding that their marketing efforts are (sic) towards their destination.
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October 27,2009
As you can look there, we've got destination -- these are our
competitive markets, by the way. All of them way outspend us. In
fact, the moneys that we're requesting right now to add to our funding
would not even equal the next lowest competitor, even if we added
those funds.
As it relates to the funding of our museums, with the exception of
the Florida Keys, we're the only market that funds the operating costs
of the museums. And as I might note there, Florida Keys, that's
$80,000 versus our 1.7 million last year. Now, also recognize that that
is almost as much as we allocate towards our marketing our whole
destination. So the relationship is amazing to me.
Don't get me wrong. It's not like we're not in support of our
museums. I think museums are very important. They define the
character of our community, but they are not a significant driver of
tourism to our county.
Now, I know that you're going to have other speakers that will
get up here and share a lot of statistics that will be to the contrary, but
I would suggest those are national statistics, maybe even Florida
statistics, but I promise you they will not be Collier County statistics,
because our research company interviews the tourists that come down
here and talk about why they come down here, and they'll talk about
good weather, they'll talk about weather -- or beaches, dining,
entertainment, but museums are not on that list.
I know that you'll also have other speakers that might bring up
the fact these destinations do spend money on museums, and they are
correct, but it's spending money on events and cultural activities that
bring in tourism, not operating costs, and that's the distinction here.
In summary, this is the impact to tourism to our community;
31 ,000 jobs, $80 million in visitors, sales and gas tax, over $14 million
in tourist tax, a savings to every household of $665 in annual tax
savings. We generate $836 million in direct visitor expenditures, $1.25
billion impact to our community.
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October 27, 2009
In closing, Commissioners, I'm sure that there will be other
speakers that will come up to you today that will have very
compelling messages and -- about why we should not redirect beach
money and why we should fund the operating costs to museums, but
what they won't tell you, what they cannot tell you, is that their
request will impact the lives and well-being of approximately 31 ,000
workers and their families.
Today, Commissioners, you will send a strong message to the
working community of Collier County and my 700 associates that
with a yes vote to the nine TDC recommendations that you will
prioritize your support for them and their families over the special
interests of a few.
Commissioners, please do not cut off the hand that feeds our
community. Thank you.
(Applause.)
MS. FILSON: The next speaker is Murray Reichenstein. He'll be
followed by Jacob Winge. And those are the only two I know that are
for museums.
MR. REICHENSTEIN: Good morning, Madam Chairman.
CHAIRMAN FIALA: Your name?
MR. REICHENSTEIN: Murray Reichenstein, Murray
Reichenstein, long-time resident.
I'm very concerned that if we're going to reduce and eventually
eliminate the TDC funding support for the museums, how do we
keep the museums open? And I think Patty's going to talk in a little
while, that the benefit for both the tourists as well as the residents
here are very significant in the number of people and the contribution
for the museums.
I think it's easy to say, well, we can replace the funding, the TDC
funding, with general funding; but realistically, given all these times,
what are you going to do, take it away from education or healthcare?
You must be joking, okay?
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October 27,2009
So I think the decision to say we will do it one-third of the time,
which sounds gentle, and then eliminate it, effectively means over
time the closing of the museums, unless you plan to divert education
and healthcare away from the community, which makes no sense to
me.
So I think for the contributions the museum makes not only for
tourism but for the whole environment, we should retain the
contribution to the museum. Once we lose the history -- our history's
only 100 years old, outside of the prior Indian history. It's a real
history. Other places go back 1,000 years. We only go back 100 years.
And to lose that history, it's not replaceable afterwards. You can't
come back in five years and say, well, remember it again.
So I strongly suggest we do not take the funds away from the
museum. Thank you.
CHAIRMAN FIALA: Thank you.
MS. FILSON: The next speaker--
MR. REICHENSTEIN: I think Patty will give you more detail.
(Applause.)
MS. FILSON: The next speaker is Jacob Winge. He'll be
followed by Lodge McKee.
MR. WINGE: Madam Chair, County Commissioners, thank you
for letting me speak today.
CHAIRMAN FIALA: Your name, sir?
MR. WINGE: Jacob Winge.
Earlier this year I founded Collier County's first ever history club
at Barron Collier High School. One of the main reasons why I founded
it is because I believe that history is the most important aspect in our
daily lives and within our county and our communities.
Once we lose that piece of history, whether it's -- any amount of
years, whether it's lOO years, 1,000 years, once we lose that,
everything else is going to go down with it. So I strongly recommend
that we continue to fund the museum because it is a very vital source,
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October 27, 2009
not only for tourism, but for the community and for the county on the
whole.
That's all I have.
CHAIRMAN FIALA: Thank you. Next speaker?
MS. FILSON: The next speaker is Lodge McKee. He'll be
followed by Nancy Suber.
MR. McKEE: Good morning, Madam Chair, members of the
commission. My name is Lodge McKee. I'm the president of
Southwest Heritage, Incorporated, which is a nonprofit group that has
undertook to save and preserve the Naples Depot back in the 1970s.
Weare on the cusp right now of opening the new museum
facility in the Naples Depot. It's been a joint effort between the county
museum system and Southwest Heritage. We're contributing the land
and the building at one dollar a year so that the county didn't have to
spend any money to buy the facility, and it will, in essence', be a front
door for the county museum system.
It's located on the corner of lOth Street and the Tamiami Trail,
about one block away from the chamber of commerce former
information center where they had a visitorship of about 145,000
people per year.
It is at the entrance of the 5th Avenue South shopping, restaurant,
gallery area, which most tourists who come to Collier County visit at
some point or other.
The impact of that new facility, I think, will be very, very
positive for the museum system, and it will present a front door to our
tourists that we have never been able to present before.
The main museum is here on the courthouse campus. It's not easy
to find. It's a wonderful facility, but unless you know what you're
doing, you will probably not find that museum. The Depot will be
another kettle of fish.
And so we're most anxious, after three years of effort to see the
impact of that and the broadening scope that it will provide in terms of
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October 27,2009
exposure to our county museum system.
We have had a good fit with the tourist development tax over
many years. There's no question that there's a proper relationship
there. We have done our part, and I'm sure that it will not be
comfortable to try to replace the funding that's necessary to operate
our system if we take it away from the tourist development tax.
All of these issues are important. Certainly if the tourists come
here and the beach is in distress, we'll have a problem, so we have to
balance our interests here in the county. And I hope that you will see
fit to detain this funding from the TDC. Thank you very much.
MS. FILSON: The next speaker is Nancy Suber. She'll be
followed by Patricia Marzula.
MS. SUBER: Good morning. My name is Nancy Suber, and I'm
here to speak on behalf of the museum. I believe the gentleman just
used the word balance, and I believe that the hotel industry, the
tourism industry, as well as the museums in Collier County should all
figure out a way to work hand in hand. This museum is -- this money
is very important to the functioning of the museum.
And I also have some statistics here that I would like to share,
how that -- almost 75 percent of Florida tourists visit the museums and
participate in some type of cultural activity here in Florida.
I have a breakdown of 23 counties in Florida. Suwannee,
Monroe, Hillsborough, Alachua, Santa Rosa, on, two pages worth, that
actually support their museums and their historical events in their
counties, 23 percent of them now. At the moment, Collier County is
using 100 percent of their museum tax to operate it, their revenue to
operate it.
And ongoing financial support is going to be very, very
important for the cultural supporting these activities. It also supports
10,000 children in our community that go through this museum. So it's
not only about the tourism, which is so important to our community,
but also giving Collier County a backbone to the foundation of our
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October 27,2009
community and those that are coming up, and that's our kids.
And I think that if you can't find a way to make them work hand
in hand together, you're going to lose a very important part of Collier
County and our history. Thank you.
MS. FILSON: The next speaker is Patricia Marzula. She'll be
followed by Kathy Miracco.
MS. MARZULA: Actually, as I'm listening to everybody today, I
may be getting things wrong, but I think that museums and tourism are
combined. I think that one shouldn't be fighting the other but that it is
for everybody.
As a matter of fact, we have too many museums that we had in
operation for a while in Marco Island, and over a five-year period, 92
percent of the visitors were not residents of Collier County but were
from out of state and out of the country, and 8 percent of the residents
-- of the visitors were residents of Collier County.
I think the museums are a part of tourism. I think that we do have
to have some cultural things. I know our beaches are wonderful.
Nobody wants to do away with anything, but I do believe that the
museums should be on the agenda of the TDC.
Thank you.
MS. FILSON: The next speaker is Kathy Miracco. She'll be
followed by Helmut Nickel.
MS. MIRACCO: Good morning. Hi, I'm Kathy Miracco. I'm
representing the Marco Island Historical Society, but I am wearing a
tourism banner because we do believe, as Patty said, that tourism and
the museums do work hand in hand.
I won't repeat the percentages that Patty talked about, but those
percentages were taken from our log books in our too-many museums.
It wasn't something that was done as a survey. So those are actual hard
facts for us, and we just wanted to appreciate -- tell you that we
appreciate all the efforts you have done in the past, and we look
forward to working with you in the future.
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October 27, 2009
Thank you.
MS. FILSON: The next speaker is Helmut Nickel. He'll be
followed by Patricia Huff.
MR. NICKEL: Helmut Nickel. I speak for the Marco Island
Historical Society.
Museums are part of like schools, part of the educational system.
Historical museums preserve the past for the future, and it is important
to realize that one generation that is not interested can break the chain
of the continuing cultural and civilization. History books are full of
lost civilizations when just one generation was not interested enough.
One of the excellent examples we have just this (sic) because
Mexico and Yucatan where the Mayan culture was broken in the 16th
century and never came back. Thank you.
MS. FILSON: The next speaker is Patricia Huff, and I handed
you a handout from her, and she will be your final speaker that I'm
aware of on the museum.
THE AUDIENCE: There's a couple more.
MS. FILSON: Okay. You want to come up.
MS. HUFF: Thank you. My name is Patricia Huff from
Everglades City, president of the Friends of the Museum of the
Everglades. And it's been questioned whether the county museums
attract tourists, and we can only speak from our experience and
research which indicate that at the Museum of the Everglades, 96
percent of our visitors are from outside Collier County.
So if the question is which department or agency should fund the
county museums, we believe that it should be the Tourist
Development Council.
In the last three months alone, we've greeted tourists visiting
from 22 different countries outside the United States. From the United
States, we've had visitors from every one of the 50 states. Within
Florida, we have had tourists from 116 different cities outside of
Collier County, and that's just in the last three months.
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October 27, 2009
In 2007, the Museum of the Everglades attracted 16,694 visitors.
In 2008 we -- there were 17,731. And through June of this year, we
have had 10,483 visitors.
Based on this information, the Friends of the Museum estimate
that the attendance will be from 19- to 20,000 in next year and, again,
96 percent outside of Collier County. That's an economic impact ofa
million dollars to Everglades City's businesses, and most likely double
that to Collier County, since many of our visitors are staying overnight
in Naples and Marco Island.
And the question is, do museums in counties outside of Collier
County receive support from their local TDC councils. Our research
shows that they do. Some counties support the museum and cultural
art programs and events while others provide salaries for employees,
invest in facilities, and operate and maintain museums. I've passed out
a list of those counties that do support the museum with TDC funding.
We believe that it's admirable that the TDC is awarding grants to
noncounty museums. As far as the county museums go, we believe
that they should support the county museums as well as noncounty
museum. And we do feel like we're part of the equation with the
beaches and the hotels and the golf courses, that we should be
considered equally from that with funding.
Thank you.
MS. FILSON: The next speaker is Nick Hale. He'll be followed
by Homer Helter.
MR. HALE: Good morning, Commissioners. I'm Nick Hale. I'm
the president of the Friends of the Collier County Museum.
We learned about this attempt to defund the museums by reading
it in the newspaper because we weren't invited to the TDC meetings;
however, we spoke to Mr. Hendel, who spoke this morning, and to
others who were there, and we find that Mr. Weft had told the TDC
that we're the only county that funds museum operations. Well, that's
not true. Not remotely true.
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October 27,2009
The report which I sent to each of you yesterday -- I'm sorry it
was so late getting there -- shows 23 different counties fund various
museum activities. These counties are those that compete with us for
tourists. Counties to the north, the one to the south, the two to the east,
and many, many others.
The TDC has said that museums are not tourist drivers. They
don't serve as destinations. Well, we don't advertise all over the world
so we don't expect to attract people from all over the world, but many
of the people who come here once, come again, and when they're here,
they also go to the museums. Everybody doesn't sit around a hotel or
go to the beaches.
We have a list of people who come to the main Collier Museum,
and they're from all over the world. Last month, we had II-inches of
rain, and when it rains, where do the tourists go? Well, a lot of them
go to the museums.
The TDC recommendations are just fine, but the museums do
attract people, and they need constant funding. We need people in the
museums who are experienced, who know what they're talking about,
because the museums are the repository of Collier County history.
If we change people all the time, it doesn't work very well
because we lose very experienced people. The director has been here
for 25 years. He knows a great deal about the history of Collier
County .
The report we've given you is heavily supported by the
references that are in the report. This is a research report. What Mr.
Wert said, that he researched somewhere, somehow, to find out that
only Collier County supported museum operations with TDC funds.
I'm a scientist, not a PR man, so I understand research. And I've
spent well over 100 hours, as have others, to develop this report. And I
should tell you that we're all -- all members of the museum support
group are also taxpayers in this county, and we're pretty unhappy to
have to spend a couple hundred hours to developing a report to
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October 27,2009
counteract something that the tourism director said that was not so.
CHAIRMAN FIALA: Excuse me, Mr. Hale -- oh, that's what I
was just going to ask you. I don't think the light was on, but thank you.
The timer was on, excuse me.
MR. HALE: The county museum is a repository of our history.
We put on the various events that bring out the history, our Old
Florida festivals, to which I hope you-all come, November 6, 7, and 8,
has a number of reenactors from all over the state. We bring them
here, they live down at the museum in tents, we pay them for this, and
they represent various periods in Florida history.
These are knowledgeable people. They not only have the
uniforms or the clothing of some earlier era, they also know all about
that era. And you can ask them questions and they will answer them
authoritatively.
So I urge you not to disturb the present arrangement for funding
the museums.
Thank you.
CHAIRMAN FIALA: Thank you.
MS. FILSON: The next speaker is Homer Helter. He'll be
followed by Hunter Hansen.
MR. HEL TER: Madam Chair, Commissioners, I'm Homer
Helter. I'm one of the lucky few that's on the board of the Friends of
the Museum.
I just want to talk to you a minute about the how -- a little bit of
this fallout. About six weeks ago this happened, and I'm wondering,
wow, this is like us and them or something, and I think that will get
straightened out. But about six weeks ago -- we don't have a
development director, so whenever we have like the Old Florida
Festival, we have to go out and raise our money. And all ofa sudden
this is in the newspaper. Now times are tough anyway, and now we're
getting this [rom people about, you know -- both corporate and private
people -- you guys going to be around or what?
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October 27, 2009
So anyway, the reason we need money is because a week from
this Friday, if you come out there -- like Nick says, I hope you-all do
-- and see how we take these kids and they go through all these
different parts of history. We have to pay for those 50 or 60 buses. We
don't -- that's not free. We have to pay for those buses, and they're
probably, I don't know, 300 bucks apiece or something. So we have to
go out and raise money to pay bills.
And I can tell you because of this, it really kind of hurt us really
bad, particularly took us -- our mind off of what we were doing and
made us work on this deal. And I just hope you-all get a chance to
come out and see exactly what happens in the Old Florida Festival. It's
a week from this Friday, November 6th, and it would be a wonderful
thing to say, you know, we can't get rid of this. We -- I mean -- and
that's what will happen. If you guys decide to -- that you don't have no
plan of replacing the money and you won't, things are too tough -- so
I'm hoping you will have clear heads here, and I hope we're not us and
them, we're all together in this tourism thing, because we really truly
are. Thank you.
MS. FILSON: The next speaker is Hunter Hansen. He'll be
followed by Gerald Masters.
MR. HANSEN: Good morning, Madam Commissioner,
Commissioners. I'm Hunter Hansen. I'm the area managing director of
the Naples Grande Beach Resort and the Edgewater Beach Hotel.
Also, like my colleague Rick Medwedeff, been in the business almost
40 years, employed at the peak of, three years ago, over 800
associates. We're now down to 600 associates, and I'll reflect on that
in a minute.
But I'd like to first talk for a minute about the macro message
here, and then the micro message about this funding source and how
we're going to attract more tourism dollars.
When I first moved to Naples three years ago, I asked for the
three largest economic drivers of Collier County, and the response I
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October 27,2009
got, which made sense to me, it was construction, healthcare, and
tourism. Well, we all know what happened to construction. That's
gone. Healthcare is kind of in turmoil, and there's nothing locally we
can do much about healthcare growth locally. It's more of a national
level.
But there is something we can do and you can do about tourism.
The decision that you're going to make today, and the decisions you're
going to make today are going to be very impactful on either
increasing tourism or decreasing tourism to Collier County, and that's
through our advertising effort.
In the old Economics I 01, Paul Samuelson, I'll never forget it,
my freshman year in college, said that if you establish a business that
people want to buy, you price it appropriately, and then the key point
is, advertise for it, people will come and buy it. The case in point, and
our statistics at Naples Grande and Edgewater Beach were the same as
Rick's.
This summer we priced our product appropriately, we doubled
our advertising dollars, and our occupancy points went up IS points
over where they were last year. The key was advertising. We had to
tell people about it. They don't come if you don't tell them about it.
Because our business has declined, our staffing levels, we've had
to decrease our business 20 percent. We don't want to do that.
Now, from a micro perspective, we don't want to take anybody
out of business. It's not my point or our point of running the museums
out of business. I think the point is, we're talking about the operating
costs here, not the special events costs. If they're looking for special
events, we get suggestions for that, or recommendations, we fund
those. But from an operating perspective, we're suggesting that it's just
a source of funding for -- the museums have, be looked at from a
different fashion, that their funding source does not come from the
tourist dollars. We're very much in support of the museums. We don't
want any business like that to close.
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October 27,2009
Of course they all contribute to our success. But we're just
suggesting that the funding source be looked at. You looked on -- you
saw on one slide that the funding of museums in our competitive set is
nonexistent from tourism dollars in our competitive set in Florida;
whereas, we -- our tourism dollars support it significantly.
So that's what we're asking for is, the less tourists we have that
come to Collier County, the less people that will go visit these
museums. So we're looking to grow those customers and grow that
tourism. The only way we'll do that is to increase our advertising
dollars.
CHAIRMAN FIALA: Thank you, sir.
(Applause.)
MS. FILSON: The next speaker is Gerald Masters. And can I
please ask, are there any other speakers to speak on the museum?
(No response.)
MS. FILSON: Okay. Mr. Masters will be your final speaker on
the museums.
MR. MASTERS: Thank you very much. It's a pleasure to be
here. I guess I would only say, I'm a former educator myself, a
teacher. I taught seventh grade in the Ohio schools. I'm a lover of
history .
I'm with the Marco Historical Society, and I guess my great
concern for all of this is children, adults, all of us. And I guess I would
say only one thing to you, are you listening? Can you hear the toll of
the bell? To me, if you cut out moneys for the historical societies in
three years, they will be gone. The history, the learning, the
knowledge, all that we can impart to our children, our adults, sharing
what we have will be gone. We cannot afford to do this. Surely there
is a way we can find to work together because I, too, love tourism, but
there must be a way do it together, not to destroy the history societies,
not to destroy the museums, but to realize the important place we all
play together.
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October 27,2009
Thank you very much.
(Applause.)
CHAIRMAN FIALA: Now, Commissioner Henning?
COMMISSIONER HENNING: Madam Chair, if we're just going
down the list on this one, I just don't see where it's possible. I think the
recommendations are noble, but I just don't see it's possible to do so.
And I think if Jacob Winge can come down here and convince the
board to not do the funding, it's enough for me.
But I do think that the county manager should look at this, the
funding, the operations of it, and see ifthere's -- if we can do
something different in the future.
But it's historical funding from TDC's, and I just -- once you
start, it's hard to cut that off, as I think we know in previous issues.
So my perspective, I would like to reject the TDC
Subcommittee's or TDC's recommendations on this item.
COMMISSIONER COYLE: Second.
COMMISSIONER HENNING: But go down to the others.
CHAIRMAN FIALA: And I have a second on that from
Commissioner Coyle.
I would also like to make a comment that this -- this is part of the
fabric of our community, the museums, and if we don't fund them this
way, then we have to raise our taxes, and nobody wants to see their
taxes raised.
I strongly support the efforts with the tourism industry to get
more advertising dollars, and I want to do everything I can to help
them to do that, but I do not want to eliminate our museums. There is
-- there is an alternative. I was -- I checked with Jack yesterday, or
Monday, to ask how many dollars we're -- yeah, that was yesterday --
how many dollars we're getting in from the interest money now that
the interest money is going back, and then I checked with the county
attorney to see if the interest money just for tourism could then be
focused right on advertising rather than distributed in the different
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October 27, 2009
departments.
And do you have an answer for me on that, County Attorney?
MR. KLATZKOW: Yeah. I think you can do that by resolution if
you want to direct that the clerk simply deposit it in an account that's
earmarked for tourism or advertising. If you were going to change the
ordinance, I would say, well, put that into the ordinance itself and put
the suspenders with the belt but -- without having to amend the
ordinance. I think you can do that anyway.
CHAIRMAN FIALA: And that way we can offset the money
that possibly could have been attained through eliminating museums.
This way we've got another funding source in its place. So I think -- I
think that's an answer to that.
Commissioner Halas?
COMMISSIONER HALAS: I've been a strong believer in our
museums, and it's been difficult for us to get where we are today with
the funding.
When I came onboard the Board of County Commissioners, the
museums that we had in our inventory were in drastic need of
updating. And I believe that we have done the right thing.
As all of you know, we are in very trying times, not only the
tourist industry, but also some of the demands that have been put on
government in regards to trying to cut costs.
We have laid off a number people or asked a number of people to
take early retirement also. And I have some concerns, because this is
not the Federal Reserve. We don't have an open pit of money here.
And I have some concerns taking the interest. I think there's other
ways of addressing this issue for short-term, which I think will be
discussed later.
But as far as the interest being turned over as a vehicle, we have
some very strong concerns about the upcoming budget. We've already
gone through one trying time with the budget. Now we have another
year that we're looking at. And I can tell you that the low-hanging fruit
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October 27,2009
has been pretty well picked over.
And to take away the only funding source that the museums
have, there's no other way that we can fund those museums at the
present time, even probably down the road for another three or four
years, because I don't think that this is going to turn around as quickly
as everybody thinks it may turn around.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Madam Chair, I would just
like to express my support for the motion, but also to express my
disappointment that the Friends of the Museum did not receive a
hearing before the TDC or the committee. We would expect that all of
the appropriate agencies affected by the recommendations brought to
us would have been properly vetted with those people who were
affected. I'm disappointed that didn't happen.
But with respect to the interest, I would prefer when we get into
that discussion that my colleagues give some consideration to two
points. One is, with the current method of allocation of the interest to
the parent account, we don't really have an option of using it for
anything other than tourism. But I don't -- also don't think we should
start passing resolutions that tell the TDC how they should allocate the
funds they have available.
They're responsible for budgeting. And I would like to see, of
course, that interest go back into their budget, and then it would be our
responsibility to approve the final budget and make sure that the
museums were properly funded based upon their request. Because you
go direct them to use the money for a specific purpose, next year or
the year after that we're going to have to retract that direction. So let's
not tie their hands. But that's a discussion for later.
CHAIRMAN FIALA: Sure.
COMMISSIONER COYLE: Thank you.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: No, we're --
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October 27,2009
CHAIRMAN FIALA: You're done?
COMMISSIONER HENNING: I think we're all done here.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: We're almost all done. Thank
you.
COMMISSIONER HENNING: Oh, nuts.
COMMISSIONER COLETTA: No. I think we're going at a good
direction here. And it's great to be able to vet this. And I appreciate the
tourist industry coming in to see me and talked at great lengths about
it.
As you know, and as I've said before, there is no other funding
source for the museum. It's -- not now. It would be impossible. The
only option would be to close the museums, and that's really not an
option. And every one of the people from the industry I talked to, they
agreed. There wasn't. You can't -- if you want to find the funds from
someplace else, where you going to go, parks and rec? The library?
That's not going to work.
So we're down to basically where we are. But I can tell you one
thing I'd like to see take place in the future, to try to get some
continuity and some agreement of what's going to take place in the
future, I kind of hope that at some point in time when there's another
opening on the TDC, that it be a person with business background
that's also got an affiliation with museum to be able to playa part on
it.
I think it could be vetted right out there in the public up front and
everybody knows what's happening as it's coming down. We won't
have these kind of conflicts before ( sic) with people asking some
things that are impossible to do.
CHAIRMAN FIALA: Qkay. Jack, do you have any final
comments before we vote?
MR. WERT: No, ma'am.
CHAIRMAN FIALA: Okay. I have a motion on the floor made
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October 27, 2009
by Commissioner Henning and a second by Commissioner Coyle.
Any further discussion?
COMMISSIONER HALAS: And the motion is that we're going
to retain the funding for the museums?
CHAIRMAN FIALA: Yes.
COMMISSIONER HENNING: Reject the recommendations,
number one.
COMMISSIONER HALAS: Thank you.
CHAIRMAN FIALA: Okay. All those in favor, signify by saying
aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: That is a 5-0.
COMMISSIONER HENNING: Madam Chair?
CHAIRMAN FIALA: Yes, sir.
COMMISSIONER HENNING: Ifwe can just maybe try to
expediate. Ifwe go through all these things, it's going to take a while.
If we can move to the interest and the number three separately and
then the rest of them, take them all at once, that would be -- speed up
things a little bit.
So think about --
CHAIRMAN FIALA: You're talking about number two and
three anyway, right?
COMMISSIONER HENNING: Well, yeah, but there's other
ones. The -- Commissioner Coyle brought up a very good point, is, he
stated that the interest money should be a -- come from the Tourist
Development Council. I can go along with that. Resolution is fine. I
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October 27,2009
don't want to change the ordinance because in another two years,
things could change and you might want to use that interest money for
other things.
CHAIRMAN FIALA: Is -- the interest money's already going
back into tourism right now. It started in July?
COMMISSIONER HENNING: It is, but like Commissioner
Coyle said, if the Tourist Development Council would give us
recommendation of where that interest money should go through -- to
promotion, the promotion coming up -- and Jack, how much money
would that be? Do you know what that would be?
MR. WERT: In the interest? Related to the interest? Currently
we've got figures for July, August, and September, and that was
allocated then to each of the seven funds. The grand total was
$40,878.
COMMISSIONER HENNING: Okay. So that's a quarter. So
that's not --
MR. WERT: Basically a quarter, and one of our slowest quarters
of the year so -- in terms of rates and that type of thing.
COMMISSIONER HENNING: You're talking about $200,000.
MR. WERT: Probably for the year.
COMMISSIONER HENNING: It helps.
MR. WERT: It helps.
COMMISSIONER HENNING: But if we can -- I mean, I'll make
a motion that we direct the -- or ask the Tourist Development Council
to take a look at those interest moneys and make a recommendation to
the Board of Commissioners to get it on our next agenda.
MR. WERT: Okay.
CHAIRMAN FIALA: Okay.
MR. HENDEL: May I make a comment? The background on the
interest is that there's going to be eventually $20 million in the -- some
of the reserve funds, and if the interest rate goes up, you can look at a
million dollars possibly coming from this fund. So this is a very, very
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October 27,2009
important fund, and in the future it could be -- very well cover many
of the things we're talking about.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Well, we need to make it
clear that's already been done, okay? The decision to reallocate
interest to the TDC fund has already been accomplished. I mean, that
was done a month or so ago.
COMMISSIONER HENNING: Right.
MR. WERT: Correct.
COMMISSIONER COYLE: So the item number two that you're
recommending is not an item that we have to vote on because it's
already been accomplished.
MR. WERT: Correct.
COMMISSIONER COYLE: It merely means that that interest is
coming back to the TDC. The TDC then will take that interest, budget
it as they see fit, and submit to us a recommended budget, and then we
will --
CHAIRMAN FIALA: Right.
COMMISSIONER COYLE: -- make a decision or ask that you
revise it.
COMMISSIONER HENNING: The interest is going back to
each of the categories. That's what's happening now.
COMMISSIONER COYLE: Right. Well, yes, but the TDC -- the
categories are funds.
MR. WERT: They're all tourist tax.
COMMISSIONER COYLE: They're all TDC funds. You have
the authority to request allocation from one fund to the other or
changes in his allocations, right --
CHAIRMAN FIALA: Well, they --
COMMISSIONER COYLE: -- except for those established by
statute?
MR. OCHS: Commissioner, if! might, the clerk makes these
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October 27,2009
allocations by fund. And as Jack mentioned, all of the interest is
coming back into the TDC funds but they're being allocated on a
prorated basis among the seven different funds in the TDC category.
So if the board wants to ask the TDC to make some
recommendations, I believe the board will ultimately have to direct the
clerk under the terms of your previous agreement with the clerk
precisely how the allocation among these seven TDC funds will work.
COMMISSIONER COYLE: Well, my position--
MR. OCHS: It's not difficult to do. The clerk just needs to know
how you want it to work.
COMMISSIONER COYLE: My position has always been that
the TDC should get money back in a lump sum and let them decide
where they put the money. That's what my preference would have
been.
MR. OCHS: All we have to do is get direction from this board to
direct the clerk on how that allocation will work among these seven
funds, and we can make that happen very easily.
I think Commissioner Henning made a good recommendation, if
the TDC will get together and make a recommendation to this board
on where they would like the funds -- the interest allocated among
these seven funds. Even if they want it to go all to one fund, and that
would be advertising, we can do that on a consent agenda.
CHAIRMAN FIALA: Did any -- and was that a motion,
Commissioner Henning?
COMMISSIONER HENNING: Yeah.
CHAIRMAN FIALA: And was this a second?
COMMISSIONER COYLE: I will second it, but you see the
point is that the interest should follow the principal.
MR. OCHS : Yes, sir.
COMMISSIONER COYLE: Okay.
MR. OCHS: And that's done on a fund basis by the clerk.
COMMISSIONER COYLE: Okay.
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October 27,2009
MR. OCHS: So each one of these are a separate fund. So the
interest on the principal in each one of these funds gets allocated by
the clerk.
COMMISSIONER COYLE: Okay. And what that really means
is, as your priorities change from one year to the next, we have to take
action to direct the clerk to reallocate the funds in a different manner.
All I'm suggesting is that what we should do is have TDC money,
the interest earned offTDC money, returned to the TDC, and you can
put it in any fund that you think is appropriate. But the TDC should
have the responsibility for breaking that out and using it in whatever
area they think they need it.
CHAIRMAN FIALA: And that's exactly what you said,
Commissioner Henning, right? So you're both saying the same thing.
COMMISSIONER COYLE: Okay. If that's the same thing, we're
in good shape.
MR. OCHS: Yeah. All I'm saying is I will have that discussion
with the clerk and ask him to tell me whether that needs official
direction from the board or whether this general guidance is sufficient.
CHAIRMAN FIALA: And the county attorney's already been
looking at that for me, so -- do you have an answer for that?
MR. KLATZKOW: Yeah, I'm okay with it because your
percentages for the allocations are based on the tax itself, you know.
It's not based on the interest. You can direct that the interest go
wherever you want. But I think the key is, you have to direct the clerk
where to put it.
COMMISSIONER HENNING: Right.
CHAIRMAN FIALA: Very good. And we have a motion on the
floor and a second.
Commissioner Halas?
COMMISSIONER HALAS: In the -- in regards to this subject, I
think that everybody that's involved in the different funding here
needs to have a voice at the table so that it's done fair and square so
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October 27,2009
we don't end up where a particular organization is not notified.
So I believe that the discussion should be open and fair so that we
can come up with some way of directing these funds where they're
most needed, and hopefully everybody has a seat at the table.
CHAIRMAN FIALA: Okay. And then we'll be bringing it back
anyway; is that correct, Commissioner Henning?
COMMISSIONER HENNING: Yeah. There's only one thing is
public participation as we go forward on these items, Sue, and we've
got all these other items that we need to do. And I guess if we could
just ask if there's any particular person that would like to speak on this
item.
CHAIRMAN FIALA: And I see no hands.
Okay. So we have a motion on the floor. Would you like to
repeat your motion just for everybody's --
COMMISSIONER HENNING: My motion is to request the TDC
meet and give us the BCC recommendations on the interest money on
where they should go by the BCC's next meeting.
CHAIRMAN FIALA: By the BCC's next meeting?
COMMISSIONER HENNING: Yes.
CHAIRMAN FIALA: Jack, will we be meeting in time?
MR. WERT: We meet November 23rd, so it would be your
December meeting then that --
COMMISSIONER HENNING: Well, is that okay, Jack? I mean,
you're okay with -- I mean, we've got the season right here.
MR. WERT: Right, right. At this point the amount of money
that's been deposited to date is not going to make an appreciable
difference, so another month delay would be fine. That actually would
give us another month of revenue to see where that -- so we can
project what that might be for the year.
COMMISSIONER HENNING: So the amendment would be at a
future BCC meeting.
CHAIRMAN FIALA: Okay.
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October 27,2009
MR. OCHS: Commissioner, just real quickly. I don't mean to
beat a dead horse, but I think the board could certainly direct, if they
wanted to, the clerk to make that reallocation at some retroactive date
in time, too, so you have that flexibility.
COMMISSIONER HENNING: And I'm in favor of that, but I
think public participation is the hallmark of good government.
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: And if we get the TDC to weigh
in on that, the recommendations here, I think they would -- we would
all be on the same page.
CHAIRMAN FIALA: Okay. And that was your second as well?
COMMISSIONER COYLE: That's right.
CHAIRMAN FIALA: Okay. Do we have any further discussion
on this?
MR. HENDEL: May I make a point, two points, please?
CHAIRMAN FIALA: Yes.
MR. HENDEL: Commissioner Coyle mentioned that we did not
invite possibly the museum people before our committee, and we did.
We had -- secondly, the interest recommendation was made before we
found out that the Board of County Commissioners made the change
in July. So when we made our recommendations on the interest, we
did not know that you had changed it.
So that actually, recommendation, shouldn't even be discussed
because you guys made the change that we wanted.
CHAIRMAN FIALA: 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.
COMMISSIONER HENNING: Aye.
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October 27, 2009
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Very good, thank you.
Moving on to number three.
MR. WERT: Thank you, Madam Chair. Number three is a
$500,000 annual set aside -- that is set aside for the catastrophic
reserves for our beaches, be redirected to our promotion fund number
184 for destination marketing. This would be for a period of two
years, and that money would be exclusively used for advertising and
promoting the destination.
So we're talking about 500,000 this year, 500,000 next year, for a
total of a million dollars. Back to Mr. Hendel's point, that was the
objective of the subcommittee was finding, identifYing, a source for
eventually a million dollars worth of funding, so this is a way to get to
that.
COMMISSIONER COYLE: Okay. We have three
commissioners who want to speak. Gentlemen, would you like to hear
the speakers first?
COMMISSIONER COLETTA: Yes.
COMMISSIONER HENNING: Yes.
COMMISSIONER COYLE: How many people do we have to
speak on item number three? Looks like five.
COMMISSIONER HENNING: Come on up.
COMMISSIONER COYLE: Would you -- do you have any
indication as to who those people are?
MS. FILSON: Just one.
COMMISSIONER COYLE: Okay. Stand up. Mike Reagen is
going to be the first speaker. John Sorey will be second.
MR. REAGEN: Good morning, Commissioners. My name is
Mike Reagen. I'm the president of the Chamber of Commerce. I would
like to just make a couple of quick comments. The economy is
hemorrhaging dramatically. I hope you understand that. The data as
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October 27,2009
we look out is daunting. The situation that we're in is grim. No
disrespect, but the next couple of years you're going to be facing tragic
choices and you're going to have to reallocate resources dramatically,
and there's no easy formula.
I want to speak positively about the recommendations and the
intent behind the Tourist Development Council. This is not for
tourism, in all due respect to my friends, this is for the economy of
Collier County, every aspect, including taxes and the income that you
need to provide the services for the government.
So this particular item, you've also got number eight and number
ten, as well as the others, are very, very difficult for you, and, frankly,
having been somewhat in your roles in the past in my life, I
understand the difficultly that you're facing.
I would just urge you, please, to focus on the bigger picture,
balancing and refreshing and redirecting funds wherever you possibly
can.
I want you to know that the Chamber of Commerce, representing
about 2,000 businesses here across the board, most of whom are
having a great deal of difficulty, wish to be as supportive and helpful
to you in these deliberations in the future. That's the point for the big
picture.
So thank you for allowing me to share that with you.
MS. FILSON: The next --
COMMISSIONER COYLE: Madam Chair, Councilman John --
oh, she's not back yet. Okay. Councilman Sorey is the next speaker.
MS. FILSON: And may I get your name?
MS. GLORE: Erin Glore, Erin Glore.
MS. FILSON: Okay.
MS. GLORE: I'm an assoc- --
MR. OCHS: Next speaker.
MS. GLORE: Sorry.
MR. SOREY: Good morning, Madam Chair and Commissioners.
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October 27,2009
For the record, John Sorey. I serve as chair of your Coastal Advisory
Committee and also a member of the TDC. And to me, the strategic
question we should be looking at is, should Collier County advertise
throughout the year? I certainly support that. And if the answer that
you decide is yes, then I think we need to put a plan together, how do
we generate the resources to accomplish that?
I have consistently voted as a TDC member to support tourism,
which I think is critical for this county.
I want to talk a little bit about the Coastal Advisory Committee.
As I think you know, the committee voted to oppose taking funds and
-- Madam Chair, I'm going to talk about both items so I don't have to
get back up -- taking money from the beach accounts.
As you've heard, both cities, Marco Island and Naples, sent you a
letter opposing taking money from beach renourishment.
I'm also concerned about the number of emergencies we've had
as far as needing tourism dollars for advertising. Maybe we don't have
enough dollars to do what we need to do in this activity. I'm also
concerned about taking beach renourishment reserves, million dollars,
$500,000 over the next two years. And as you heard earlier, there's
about $13 million in that fund. What you didn't hear was that it costs
more than $20 million to renourish our beaches. We have been
directed by the commission to accrue $2 million a year, and that's
what we're doing as per your direction.
Also I'm concerned about reducing the commitment to the
emergency fund. Yes, this year we were fortunate; we did not have
any tropical storms. But we have three-and-a-half million dollars
there. You directed us to go to 5 million.
The issue about other communities and what tourist tax goes to,
you have to look at apples to apples because also we're responsible for
the inlets.
So I'm going in back where I started. Do we have a plan to
adequately advertise the tourism business in Collier County? I think
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October 27,2009
that's the question you need to be looking at rather than taking
500,000 here or taking money from the museums, which I did not
support.
So I thank you for your time, but I think we need to look
strategically, not incrementally.
MS. FILSON: The next speaker is Erin Glore. Are there any
other speakers on this issue?
COMMISSIONER HENNING: Just come on up and stand next
to the podium.
MS. GLORE: Good morning. I'm an associate at the Marco
Island Marriott, and I'm in support of my general manager, Rick
Medwedeff.
Through the past four months, I've been affected by the
economy. My hours were extremely cut. I was asked to take an
additional 16 days off in -- non-paid.
This is very stressful, as I live on a strict budget, I have a
substantial amount of student loans, as well as normal living expenses,
and unfortunately I had an unforeseen incident last year that did affect
me financially.
Personally I am on the sales team at the resort, and I do see our
numbers. I was part of, unfortunately getting the news of when we had
to cancel, and I do see our numbers decreasing dramatically in 2010,
and I'm concerned for my job alone, because there's always a threat
that they may need to eliminate that.
I ask for you to consider this because every day I worry about
this. I have to look at my expenses on a daily basis and my hours. As a
young adult, I'm in a career that I'm very passionate about. On a daily
basis I'm selling weddings, to large conferences, and it's just stressful
to know the fact that we have all these circumstances and to worry
about my hours on the end and my wage and to know that it could
potentially be gone.
I am fortunate that I only have myself to worry about, and I know
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October 27,2009
many fellow associates I do work with have families and many others
to worry about, so I'm thankful for that.
So I thank you for listening to us and taking the time to -- your
support on this matter.
(Applause.)
MS. McFARLAND: Good morning. I'm Joyce McFarland,
president of the Marco Island Area Chamber of Commerce and a
small business owner in Collier County for 24 years.
I'm here today representing 715 of our members, which represent
approximately 8,000 workers in Collier County.
The majority of our businesses on Marco Island are small,
family-owned businesses that employ members of our own families
and our neighbors. Opening a business on Marco Island was some
people's lifelong dream.
Weare proud of our community and employ local people. Our
businesspeople and workers volunteer throughout our community . We
support local charities and fundraisers, such as those for our museums.
Annually we conduct a survey of our members to learn what
they're thinking. This year a question we ask, which we ask every
year, is how is tourism -- how does tourism impact your business?
Eighty-eight percent of the respondents said their business was, in
varying degrees, directly or indirectly affected by tourism.
Marco Island is probably more dependent on tourism than other
sectors in Collier County. It truly is our economy . We flourish only
when our hotels and seasonal rental units are occupied with visitors.
We know tourists spend in all of our business sectors, restaurants,
shops, grocery stores, drug stores, charter marine or fisherman and
marinas. The list goes on and on.
The same survey that we do asks, what can we do to help your
business growth? The answer's always the same every year, help
promote Marco Island more. Well, our reserves don't allow us to be
able to launch a marketing campaign that would do justice to our
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October 27,2009
memberships. So we know the best way to achieve that is to join
forces with the TDC and to support their campaign to market Collier
County .
So I'm here today to support the TDC's recommendations
because our members recognize the need to attract more tourists, and
boosting marketing is the answer.
By now I know you're all cross-eyed at all the statistics and
figures that you've had to digest to support the argument, but what is
obvious is that we are being outspent by the other Florida destinations.
They know the positive impact on -- tourism has on a community, and
they know that tourism puts people to work. They know that tourism
increases wages and helps reduce taxes. We cannot afford to continue
to be outspent by these other counties.
So what I want to say in closing is that business -- business hours
are being reduced, as you've heard. Some businesses are closing their
doors. This hit close to home this year when a business that was in my
husband's family for 24 years recently closed their doors.
Shopping centers and commercial properties sit vacant. There are
empty properties throughout Marco Island and Collier County. In fact,
this year alone four businesses in the shopping center that I do
business in closed their doors. There's a shopping center on the East
Trail of U.S. 41 that sits completely vacant, brand new buildings.
Our -- until our economy strengthens, new business and growth
will suffer. The cycle of decline will continue. We need -- a yes vote
here today indicates that your district and Collier County community,
it tells them that you are sensitive to the needs of the 31,000 workers
here.
Thank you very much.
CHAIRMAN FIALA: Next speaker?
(Applause.)
MS. ZINN: Good morning. My name is Theresa Zinn.l'm a
concierge at the Naples Grande Beach Resort, I'm also a member of
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October 27,2009
the Southwest Florida Concierge and Guest Services Association.
And basically I'm just here today -- well, first of all I want to
thank you for giving me the opportunity to speak. I appreciate your
time.
I've never had a position as fulfilling as being a concierge, and I
never experienced the hospitality industry before I moved to Collier
County. And I just want to say that we here in the hospitality industry
have an opportunity to influence a lot of people throughout the world,
but if we don't get them here, then we can't influence them. We can't
show them how beautiful we are if they don't know that our little
corner ofthe world is paradise.
So I just want to say that I feel that funding towards the
advertising promotion of Collier County is important not only to the
hospitality industry, but as it's been said here today, to all of the
industries in Collier County.
I have had threats -- not threats, but I have the fear that my hours
as a concierge are going to be eliminated because, let's face it, in the
hospitality industry, they can do without a concierge as opposed to
food and beverage or somebody at the front desk or some of the other
positions within the hospitality industry.
But it's not just me. It's everybody. My husband lost his job. He's
in the automotive industry. He was out of work for six months and
then had to take a position that paid half the amount. So it's affecting
me, my life personally, it's affected my husband's life, it's affected my
associates who have lost their jobs.
And it's just such an important thing that, as Mr. Hansen said,
that we pay attention to those four principles of marketing. We have
the product, we have the place, we have the price, but we really need
to pay attention to the promotion.
And our individual properties can put as much dollars into the
advertising to promote our individual properties, but unless they
realize how spectacular Naples and Marco and the Everglades are in
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the other corners of the world, then they're not going to come, and
we're all going to be affected by that.
Thanks for your time.
CHAIRMAN FIALA: Thank you.
(Applause.)
CHAIRMAN FIALA: Next speaker?
MR. BROWN: Madam Chairman, County Commissioners, my
name is Alan Brown. I live on Marco Island, and I'm here representing
the Marco Island Chamber of Commerce. I'm a business owner. I own
the Island Garden Center. It's a business that's been on the island for
33 years now.
And you might ask yourself, what's a garden center got to do
with tourism and how do we get affected? Well, we rely on hotels.
That's a big, big percentage of my business. They fill the hotels. They
need landscaping, they need beautifying, and they call us, and we take
care of that. We rely on local businesses on the island to beautify their
outdoor operation.
All of that has gone, and we are suffering tremendously. One of
the reasons why I'm up here is because, for us, this is -- or for me this
is crunch time, and after having a business or the business being
around for 33 years, we decided early in September to liquidate the
business, and we're closing it down the end of this week. There's going
to be layoffs. I've got 15 staff right now. And by the end of the week,
they'll all be gone.
And I'm just asking you, please support the TDC bullets, what
they're looking for. Even a business like mine where you think, well, it
doesn't really affect -- tourism isn't really affected, we are. So I just
wanted to bring that to your attention. Thank you.
(Applause.)
MS. HA YWOOD: Hello. My name is Patricia Haywood. I work
over at the Bellasera. For me, if we have more tourists at our hotels,
my hours will not be cut. I have had my hours cut. I have three
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children. I have -- during the time where my hours were cut, my car
broke down, a bunch of thing was happening, a couple of the kids'
birthdays and school was starting and things like that.
So for me, it would definitely help me out a lot if we did bring
more people to our hotel so that I can take care of my family and my
bills and all these other things that come out that you not -- you know,
you don't get to see that. They're unexpected stuff. So thank you.
(Applause.)
MR. NEAL: Good morning, Madam Chairman and
Commissioners. My name is Charlie Neal. I'm the president of the
Marco Island Association of Realtors. And I'm here to speak on
behalf of the TDC proclamations, too, that we need to pass for the
advertising dollars.
I can tell you, if you took a poll in this room, how many of us
came here as tourists initially before we bought? I bet all of us. And as
Realtors, we're advertising all the time, and we understand that if the
hotels are full and the condominiums are rented out, then that gives us
an opportunity to bring more people down here for full-time or winter
residents.
And that's something that we need to make aware around the
country and around the world that this is a paradise, and we need to
bring all the dollars we can. We need to find ways to support that. And
I think that this is a great advertising, that you need to do it year
round. You can't do just the seasonal time.
We -- our transactions as Realtors used to be nonexistent from
April to October. I can tell you I've been very busy from April to
October. We are now year round Realtors, not just part time. So we
need to advertise year round and bring the people down to enjoy this
paradise.
And I thank you for your support.
(Applause.)
CHAIRMAN FIALA: Next speaker?
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MS. TOMBLIN: Good morning. My name is Charlotte Tomblin,
and I'm here today as one of the 700-plus associates who work for the
Marco Island Marriott. I have been with the hotel for a little under five
years working in their banquet department. And for this year alone,
this company's been my main source of income, like it has for many
other families.
The hotel and tourism industry, with the focus being on Collier
County, has always faced extreme difficulties, as it is known for being
a seasonal location. From my own experience, when we have been
making the money between January and June, you put the excess into
savings for the rest of the year.
In past years, I have also maintained two jobs. But in late 2008,
one of those jobs, also in the food services industry, dissolved. A
private restaurant was not generating enough revenue, and the trend
became much more apparent this year.
In early 2009, we saw many people at our property alone laid off,
and in my department we personally saw many groups cancel their
meetings and functions with us due to the negative media coverage.
We were advised to look for second jobs, but with
unemployment already high, this was easier said than done. The jobs
that do remain out there in this region, for me alone, I am not qualified
for. Most of them being in the medical field.
The overall year to date has had a huge impact on me and my
family financially, and I am just one example. My hours at the hotel
reduced dramatically and I began losing money. I was fortunate
enough to pick up the occasional shift in other departments, but there
were times when they didn't need people and they couldn't
accommodate everybody who needed the work.
For those who were not so lucky, some had to dip into their
401K, and others had to use their PTO, which, once that was all gone,
they were basically not working and not getting paid.
Some people I know claimed welfare, but others like myself
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didn't want to do that and couldn't do that. The struggles, however, are
still there. The bills continue to come in, and on top of that, I am
paying daycare for a little girl 19 months old so that I can work full
time, as right now I am the breadwinner.
Now, as I have already said, I am one example. Without the hard
work, determination, and expertise of our own marketing department,
I could today be unemployed and not here talking to you. I cannot
stress to you how much we rely on the marketing of such a location,
and it is vital to do so in order to restimulate the local economy and it's
future success for business.
I appreciate you for listening to me today, and I wanted to thank
you for your time and effort into making this decision.
(Applause.)
MR. ELLIOT: My name is Gary Elliot, and good morning. I
guess it's still the morning. I live on Marco Island, and I've been
associated with the Chamber of Commercial now for several years.
And Joyce, the president of the chamber, alluded to the survey that we
run every year. We started that survey after Hurricane Wilma, and we
asked the companies, are you dependent on business and et cetera, and
she indicated the result, and they've been consistent for four years,
about 88 percent.
The second part of that survey though that is important, I think,
today, and I think we're hearing parts of it here, is that every year we
ask businesses, is your business up, is it down, or is it the same as last
year? For four years in a row, most of our respondents replied, 45,50
-- 45 to 55 percent of them reply, business is down. That's for four
years now, and I think we're seeing the results of that happening here.
At the same time, we're all optimists. We always say, next year is
going to be better, and so we still keep on working and keep on trying
to make that business work.
The first year after Hurricane Wilma, most people thought, well,
business is down because of the hurricane. And the only people that
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were up at that time were service companies, plumbers, contractors,
and the like who benefited from the hurricane.
The second year that businesses were down, we started to blame
it on the island, on the activities on 941 (sic) and -- 951 and 41. There
was more stores, more Wal-Marts, more of everything else out there.
Last year -- two years ago, we started to realize the national
economy wasn't good, and we started then as a group of
businesspeople cutting inventory, starting the layoffs, and doing those
kind of activities.
This year's survey though is really dramatic, and what's
happening this year is because now it's -- you can only last for so long,
and so now people are slashing prices to service. I call it value pricing,
but really it's just cut the prices on everything, restaurants or food or
clothing, or -- I guess even housing at this point in time.
What we're finding as interior designers is, is that the people we
worked with earlier, the young guys who had families to support are
no longer in the area. Two of them have actually gone to Panama City.
Must be a hot place down there for construction, I think, at this point
in time. Others are -- one of our painters works part time at the Publix
to make ends meet.
We can tell that business is down because as soon as we ask for
some re-upholstery or any of our craftspeople to do work, they're
available within days to make that work happen. So you can tell that
that is all coming to a crunch.
I have a theory on the tourism when I was doing work earlier,
that the tourists come -- the way I look at it, tourists come for a day or
two, maybe a week and rent in the hotels and such. I then call the next
level of people visitors. They come for a week or months. They stay
for five months maybe. Ultimately they turn into the people who then
buy the houses that then need the work done that we like to do. Then
ultimately they buy a place, and then they retire here and bring their
wealth with them. Some of the work I'm doing with the EDC shows
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October 27,2009
that Naples area is -- 80 percent money comes from the wealth that's
here.
But on Marco Island, it really is a job-based economy on that, so
I call it an economic ecosystem where the basis of that is from the
tourists that come here. So I really encourage you to spend money on
getting the tourists here. Thank you.
CHAIRMAN FIALA: Thank you. Next speaker?
(Applause.)
MR. SIL YO: Good morning. My name is Gustavo Silvo, and I
work for the Marco Island Marriott Resort and Hotel. I've been
working for the tourism for over five years, and I am employed by the
Marriott, a company regarded by its many as the highest standard in
the hospitality and tourism industry.
I know firsthand how hard the partners in my hotel work to bring
tourists and visitors from all over the world to us. I have seen the
effort every employee puts forth to make our city more beautiful and
our economy more exciting to companies, organizations, families, and
individuals.
As we all can testify, the economy has been really hard on us. In
my case, I am a sole monetary provider of my household. My
wonderful wife is a hard-working stay-at-home mom who takes care
of our three children, a five-year-old, a two-year-old, and an
eight-month-old. My family relies on my job to put food on the table
and keep a roof over our heads. Unfortunately, this has been a very
difficult task to perform over the last year, as we have struggled to pay
even the most basic of our family needs.
Yet my company has gone to a great extent to help me keep my
job and be able to provide for my family. With my position in the
hotel, I have seen even the uglier side of this economy struggle,
layoffs, and it's -- and that is one of the reasons that brought me here.
I am here representing my family, my company, and over 700
co-workers, everyone with a struggle similar to mine, but I'm also
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October 27,2009
representing the individuals who have been laid off and their families,
the people that at this moment cannot meet their loved ones' needs.
So I ask you, if you have the power to allocate the funds to help
our local stores from closing and to help our neighbors to keep their
homes and jobs, then I urge you to use that power, invest in our
industry so that we, together, can show not only to our visitors but to
our whole community that Florida is more than an amusement park,
that it's also a paradise found, a destination. Do so and none of us here
will ever forget it. Thank you.
(Applause.)
MR. WHITE: Tourism affects us all in many ways.
MS. FILSON: What is your name?
MR. WHITE: Oh, I'm sorry. Tom White. I'm a Collier County
citizen. A month ago I traveled to Fort Myers for my daughter's
softball game. The same weekend we had left, we had roughly three
teams at our hotel scheduled to stay in the hotel, which is about 35
percent occupancy. Two days before we had left, the tournament was
canceled.
And while we traveled to Fort Myers and many teams decided to
travel to Fort Myers instead of Naples, the Collier County -- city --
Collier County citizens that were to have been here and benefited did
not.
Fort Myers spends millions of dollars more than we do
promoting tourism, and that's just a small example of how, by
promoting tourism to other destinations, our hotels and our restaurants
and our businesses have suffered because they've not come to this
area.
The Tourist Development Council requests for additional
advertising, marketing, and promotional funds to promote Collier
County tourism as needed at this time. The redirection of a few
million dollars to promote Collier County in this state of emergency --
or not state of emergency -- in this current economic state is critical
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October 27, 2009
with approximately $13 million at our disposal. There are more than
ample reserves to restore beaches at the present time.
By approaching the TD- -- by approving the TDC's
recommendation, you have the ability to better assure Collier County's
citizens financial stability and the financial stability of the community.
The decision that you are about to make comes at a pivotal time
and has a far-reaching effects on many of the Collier County citizens
that you have heard from today.
The timing of the decision is critical. Unlike past years, this year
Collier County needs to be promoted year round and it needs to be
promoted now.
As you know, tourism is one of the main economic engines of
Collier County, and this year it needs fuel. As a Collier County
citizen, a Collier County business owner, and an employer of Collier
County citizens like you have heard before you today, I feel strongly
that additional moneys need to be spent to promote Collier County
tourism.
The declining economic tide Collier County is experiencing
needs to be turned. We need to bring back the demand and we need
your help to bring the demand back. Thank you.
(Applause.)
CHAIRMAN FIALA: Sue, how many speakers do we have left?
MS. FILSON: Seven.
CHAIRMAN FIALA: Seven. Okay.
MR. GROVER: Good afternoon. My name is Vip Grover. I own
an insurance agency on Marco Island, and believe it or not, insurance
is also adversely affected by the drop in tourism. When tourism drops,
less real estate gets sold, so obviously fewer insurance policies get
sold. When tourism drops, the businesses that sustain themselves on
tourist revenue, restaurants, retail stores, et cetera, have their business
contract. As that happens, so does insurance premium, and, therefore,
commission. So the cycles goes.
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Officially I'm here this morning representing the Marco Island
Chamber of Commerce. In reality, however, I, along with all my
compatriots, am here doing what you do. We are all here to represent
the dreams, hopes, and fears of the residents of Collier County.
In today's economy for many of our friends and neighbors, these
dreams have turned to frustration, their hopes have begun to fade, their
fears are becoming an unfortunate reality. Over the past months,
weeks, days, and hours, you've heard story after story of organizations
and individuals who, despite their best efforts, have been adversely
affected, some more seriously than others, by the economic downturn
being experienced not just here but everywhere.
The good and bad of our local economy is that we are highly
relying on tourism. That means that in order for our economy to thrive
again, we need to make choices that strengthen the mechanism. We
need to do what we can to control the cycle and make it work for our
community.
The bad news is that historically government has made choices
that, while fine in a thriving economy, have put us behind in our fight
to gamer the almighty tourist dollar in this down economic period.
The good news is that you have an opportunity to help level the
playing field. The good news is that history and research have shown
that a tourist destination of choice will be influenced by what they see
and hear.
We have the ability and the means to effect a change in the
behavior of to day's leisure travelers. We have the ability to take
control of a situation that is in a declining cycle and turn it around.
More than anything, the way to succeed in this endeavor, in any
endeavor, is to establish what your options are and then choose the
option or options that provide you with the best opportunity for
success. We have such an opportunity. You have such an opportunity.
The beauty of our governmental process is that our leaders are
offered opportunities to make decisions that can change things, truly
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change things, opportunities to make the lives of their constituencies
better.
You have before you one of these opportunities. You have an
opportunity to dramatically affect the lives of thousands and thousands
of people.
In addition to the proponents of the TDC recommendations, you
have undoubtedly been besieged with pleas by other members of our
community valiantly working for their causes, as they should. But I
submit to you that our cause should be their cause. Without tourism,
museums do not get visitors. Without tourism, our beautiful beaches
get enjoyed only by a select few without money being generated to
keep them beautiful. Without tourism, services provided by the
businesses and government will at best dissipate, at worst disappear.
Let's not forget that the money being sought by all groups is a
direct function of tourism in our community, but with tourism as a
driving force, the money generated will benefit everybody, businesses,
employers, employees, casual members of the community and tourists.
The Board of County Commissioners is, and I quote, responsible
for providing services to protect the health, safety, welfare, and quality
of life of citizens of Collier County. This comes directly from your
website and is as close to a mission statement as I could find.
CHAIRMAN FIALA: Thank you, sir.
(Applause.)
MR. GEAR: Madam Chairman, council members, my name is
Bruce Gear. I'm from Marco Island, Marco Island chamber member.
I'll be very brief. It is lunchtime.
I think we need to take a look at the bigger picture. I've always
thought in any community that I lived in that it behooves that
community to take the best advantage of its God-given natural
resources, and given the Southwest Florida location and our natural
resources here, we all understand the ripple effect that the tourism
industry has on the whole community.
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And I think it's important that we advertise the fact that, you
know, this is a very, very special place in the world, and we need to be
out there in that world market and advertising and letting people know
about Southwest Florida and all that we have to offer. Thank you.
(Applause.)
CHAIRMAN FIALA: Do we have other speakers?
MS. FILSON: I have five speakers left, but I don't know for what
.
Issue.
MR. STAROS: I do have a comment.
CHAIRMAN FIALA: Are you a registered speaker, sir?
MR. ST AROS: I am not, but I can be real quick.
MS. FILSON: Some of them haven't--
CHAIRMAN FIALA: Oh, boy. Well--
MR. STAROS: Nope? All right.
CHAIRMAN FIALA: We -- we just had registered speakers.
Okay.
MR. ST AROS: Fine.
MR. HILL: I'll yield my time to somebody. I am a registered
speaker.
MS. FILSON: And your name, sir?
COMMISSIONER HENNING: Clark Hill.
MR. STAROS: Good afternoon. I was going to say good
morning. I'm sorry I was late for the meeting. I had a dentist
appointment. I just -- I brought a -- two payrolls. This was the payroll
of week --
COMMISSIONER COYLE: Name?
MR. STAROS: -- October 16,2008, and this is the payroll of
October 15,2009.
On October 15, 2008, I employed 1,296 employees; one, two,
nine, six. On October 15,2009, I employed 1,063, which means in
that 365-day period, we're down 233 employees, most ofthem in your
district, Mr. Halas. And the reason why we're down 233 employees to
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where we were a year ago today is because of the downturn of
business that you've been hearing about all day.
So that was a statistic, I thought I should leave you with that
thought.
CHAIRMAN FIALA: Thank you.
(Applause.)
MS. KLINOWSKI: Good afternoon. Chairwoman Fiala,
Commissioners. Michele Klinowski, speaking on behalf of the Greater
Naples Chamber of Commerce and the Downtown Naples
Association, which is a division of the Chamber of Commerce.
These are all very difficult economic times. And our tourism
industry is one of the largest, but it's not just the tourism industry that's
affected by the lack of tourists. There is a trickle-down effect that
affects everywhere from the restaurants to the retailers to even printers
who provide the materials, the collateral materials that the hotels and
the restaurants use, as well as the food suppliers.
To date, as of August, I believe the unemployment rate is already
up to 12.6 percent and is expected to rise. That represents over 18,000
people that are local residents that are unemployed in our county.
There's also an effect on the local real estate market. Most of us
were tourists before we came here, and then we became taxpaying
citizens. We have over 10,000 foreclosures in the past year. More
tourism means more people buying real estate and helping to eliminate
that foreclosure process. More people who stay employed means
there's less potential of foreclosures in the future.
You have a great opportunity and difficult decisions to make. We
encourage you to support the remaining recommendations that the
TDC has submitted. We will do everything in our power as the
chamber in the Downtown Naples Association to assist you in any
way possible.
Thank you for your time.
(Applause.)
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October 27,2009
CHAIRMAN FIALA: Thank you.
Now, Commissioners, it's lunchtime. Looks like we don't have
any more speakers.
MS. FILSON: I have three, but not on this subject.
CHAIRMAN FIALA: Three more. You want to call their names?
MS. FILSON: Dotty Henderson?
UNIDENTIFIED SPEAKER: Gone. That was museum.
MS. FILSON: Ernie Bretzmann?
UNIDENTIFIED SPEAKER: He had to leave.
MS. FILSON: Theresa Zinn?
MS. ZINN: That was me.
CHAIRMAN FIALA: Okay. Commissioners, I'd love to finish
this item, number three, and then go to lunch, but if you would prefer
to go to lunch first, you need to let me know.
COMMISSIONER HENNING: No.
CHAIRMAN FIALA: I know a couple people -- that's okay?
COMMISSIONER HENNING: Yeah. We need to let these
people know where they stand.
CHAIRMAN FIALA: That's the -- I agree with that, but I just -- I
didn't -- I know we have a couple people that need to eat at certain
times, otherwise they're going to fall down here.
All righty. So now I have five speakers as far as the
commissioners go. Commissioner Henning, you're the first.
COMMISSIONER HENNING: Yeah. You know, I think this is
going to be the most single important issue that we deal with this year
or action that we deal with, and if we don't get it right, I'm very, very
concerned. It's not about -- it's not about new jobs. It's about retaining
jobs. It's about hours (sic) of people who depend on us as we depend
on them.
Rick Medwedeff shared with me his PowerPoint presentation,
and what's really out -- that stands out to me is the group, like he said,
the AIG folks that were criticized and hammered in Washington, D.C.,
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and throughout the whole country are not doing their meetings.
And the Ritz, only 20 percent -- you let go only 20 percent from
2008 to 2009.
MR. STAROS: Eighteen percent exactly.
COMMISSIONER HENNING: I mean, that's commendable,
because if the group is down 32 percent, you're still trying to retain
everybody you can.
MR. STAROS: And I'm paying 100 percent of health care even
though they haven't earned enough.
CHAIRMAN FIALA: We really can't be talking from the
audience. Thank you anyway.
MR. ST AROS: I'm sorry.
COMMISSIONER HENNING: And I know it's tough to take
away from commitments of beach, but I can tell you, if we don't
stabilize, at least try to stabilize at least one sector of workforce here
in Collier County, that's it. We're not going to stabilize beaches,
moneys for beaches, future, museums, or anything else.
And yesterday I had a visit from a Naples chamber member who
wasn't in the tourist business. He was in the real estate business. And
he shared with me, this is one of the -- this is very important to that
industry because, like it was said and like all of us here, we all came
from someplace else, except for Jacob Winge who was born here.
The -- most us did that because we were guests. We came down
here some way as a guest, either a family member, friend, or visiting
in a hotel or motel. You know, I just -- I really urge my colleagues to
make this tough decision for two years, and let's try to stabilize some
sort of economic needs in Collier County.
CHAIRMAN FIALA: Thank you. I have to agree with you.
(Applause.)
CHAIRMAN FIALA: I have to agree with you, and as chairman
of the TDC this year, it was -- it was very interesting to watch what
happened when advertising kicked in. A year ago when the business
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October 27,2009
started dropping off, the group business started dropping off and the
hoteliers came to the TDC and said, you know, you need to help us,
our group business had died -- and of course, that happened because
our economy died, and in so doing, the larger companies had to cut
back on their luxury items.
And so, the TDC, or the CVB actually, Jack Wert and his group,
went out and found some emergency dollars and used them
immediately. And two places they advertised were England and
Germany. And in three weeks' time this is -- this is how fast they saw
it. In three weeks' time, they saw the result of that advertising
immediately. And our European business was up 32 percent; 32
percent because of the advertising.
Come January, and again, the hoteliers were saying, we're still
down. You know, this is helping a little bit, but we're still down. And
so, the CVB jumped in again and found $500,000 and moved it. They
knew that there was a brutal winter taking place in the north, so they
threw those advertising dollars into Chicago and New York, and this
time within two weeks the hoteliers actually saw the result of that
advertising. So it does work.
And I just want to tell you, I've been very blessed to be chairman
of this TDC this year and watch to see the successes that they've --
that they've enjoyed even in this down market.
So I have to agree with you, Commissioner Henning.
Commissioner Halas, you're next.
COMMISSIONER HALAS: Thank you very much. I'd like to
hear from Gary McAlpin in regards to possible funding for the TDC.
Is there ways of funding this without getting into beach renourishment
funds?
The reason -- the reason is, is that years ago the citizens of
Collier County voted for funding to renourish their beaches, and I
think we were at one time about 60 percent. Now we're down to 40
percent or 50 percent, somewheres in that category.
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If there's some way that maybe we can address this, a million
dollars the first year -- and I'd like to see some transparency in regards
to how much funding the hoteliers themselves have put into this effort
along with the TDC dollars, and I'd also like to see transparency in the
sense that if we go forth on the million dollars, that next year they
come back and give us a report of actually how many heads we put in
the beds.
I think that's only fair so that we can then move forward as far as
additional funding maybe for the following year.
But my concern right now is, we were very fortunate. Mother
Nature looked down on this year and blessed us with the fact that we
didn't have any storms. And we've got about another month to go, and
hopefully the windy season will be over.
But I think that we have to make sure that we're doing due
diligence here. I wish that the people at AIG that are taking the
hundred million dollars would come down here to Naples and spread
around about $50 million and some of these other bankers up there in
Wall Street that took down the financial system worldwide.
I -- leaves me with a bad taste every time that I read about these
people that did this to all of us and put a lot of people out of work.
People are struggling now, and we end up with this idea that these
people should be rewarded for what they -- what they've done to this
economy and basically this nation.
And as all of us know, the unemployment figures are probably
going to continue to go up. I think nationwide we're probably looking
at 10 percent or better. As was stated here, we've got 12 and a half
percent.
The big problem is, the reason that I want to make sure that we're
doing the right thing here with the million dollars for the first year or
whatever we decide to come up with, is that I want to make sure, as I
said earlier, that we know how many heads go into the beds, that's __
the improvement is -- because let's face it, there's an awful lot of
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people that would love to come down here to this community but they
just can't afford it. And what I mean by can't afford it, they're worried
about even if they can keep their homes up north. And there's a lot of
people that would like to come down here and probably move down
here, but the problem is, they can't sell their place up north to move
down here in this climate.
But -- but saying all of this, I guess the end result is, Gary, if you
could give -- enlighten me in regards to where we are on how we can
get where we need to go here to get the advertising dollars that's
needed here for the tourist industry.
MR. OCHS: Commissioner, before Gary answers that question,
I'm not sure that's really a question for Gary to answer. He can
certainly tell you how much money he currently has in the beach
renourishment fund and in the emergency reserve fund for beach
renourishment, but the policy decision, if you will, about whether you
want to reallocate that is really for the board. He can tell you what
kind of shape the beaches are in or what's coming up over the next
several years if you'd like him to comment on that.
COMMISSIONER HALAS: But I think we also are going to
probably hopefully get some funding from the federal government
from FEMA?
MR. OCHS: Yes, sir. We're in the process --
COMMISSIONER HALAS: So I guess that's -- that's where I'm
at at this point in time.
MR. OCHS: Gary, if you'd talk about the FEMA.
COMMISSIONER HALAS: And find out ifthere's money from
FEMA that we can use instead of taking from the beach renourishment
fund.
MR. OCHS: Now I understand, yes, sir.
COMMISSIONER HALAS: That's my concern.
MR. OCHS : Very good.
MR. McALPIN: For the record, Gary McAlpin, coastal zone
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management. Commissioner, we have -- as a result of Tropical Storm
Fay last year, we have FEMA funds that have been appropriated for
Collier County to renourish our beaches for the storm damage effect
that Tropical Storm Fay incurred.
We have about 175,000 cubic yards that they're going to pay for
for the Naples beaches and about 50,000 cubic yards that they will pay
for for the Marco Island beaches. Now, they -- and that's about $12
million as we look at it at this point in time.
They will not pay everything. They will pay a 75 percent match.
So in effect, for both Marco and the City of Naples, we have -- we will
pay 8 -- they will pay $8 million and we will pay $4 million, and that
will be used for the next time we renourish -- we renourish our
beaches. So we do have those funds as a commitment right now.
In addition to that, we are working with FEMA to try to get as
much funds as we can from past storms, for Tropical Storm Gabriel,
Wilma and Katrina, and we have not heard about those debt funding
requests yet, but we are working as hard as we can to secure additional
fundings to help with our beach renourishments.
COMMISSIONER HALAS: Okay, thank you.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah, thank you.
Don't go away, Gary. I want to get into this discussion just a little
bit more because I want to do whatever we can do to try to move this
forward as far as the tourism goes and the funds for it.
Thirteen million dollars is presently in the fund, correct?
MR. McALPIN: We have -- we have set aside $8 million for
major beach renourishment at this point in time, and we have set aside
$4 for emergency reserves. We have a total of $12 million that we
have in both reserve accounts that have been set aside for those two
activities.
COMMISSIONER COLETTA: Okay. Now, 12 million. And
how much would you need for an average event? Someone mentioned
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$20 million.
MR. McALPIN: Well, when we renourish the beaches, if we
renourish them to the extent that we did last time, it's a $20 million
activity, if you would. And it could be more, it could be less. Costs are
going up, so it's probably going to be more when we renourish it
agam.
COMMISSIONER COLETTA: Well-- then the question would
be, is the difference between 12 and 20-plus, can we go out and bond
that money or do something to be able to get that money? Where
would that money be able to come from? I want us to know going into
this truly knowing what we're up against so that if we go ahead and we
start spending down that reserve and we do run into an event, we don't
have any doubts within our -- within the industry, within the
community exactly where we stand and where we're going to be if that
does happen.
MR. McALPIN : We have -- we have not looked at -- other
municipalities have looked at the possibility of going out with a bond
to -- for beach renourishment. We have chosen not to do that. Quite
frankly, we did not believe that those were available -- get funding to
put sand on the beaches, so to speak. That's certainly something that
can be looked at at this point in time. We've never looked at that
prevIOUS.
COMMISSIONER COLETTA: And I understand. Maybe Leo
can answer the question better.
MR. OCHS: Yes, sir.
COMMISSIONER COLETTA: What my concern is, Leo, is
everything is a balance of risk. Everything you do in life, you assume
a certain amount of risk as you go forward. We take insurances out to
cover certain risks, but we can't cover everything.
At what point -- where are we covered here? What can we do to
be able to make up a deficiency if we start this -- and we're going to
have to do it for probably two to four years, draw this fund down to be
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able to make it work.
Where are we going to be if we do, during that time, get a
20-million-plus event and we have to cost the difference? Where can
we get those funds?
MR. OCHS: Well, Commissioners, I understand the proposal
from the subcommittee. They're asking for $500,000 for each of the
next two years from your major beach renourishment reserves. Now,
those reserves are allocated $2 million of TDC revenue each year. So
they're asking to have $500,000 redirected. A million and a half would
still come into the reserve account for beach renourishment.
COMMISSIONER COLETTA: Yeah. And don't get me wrong,
I'm going to vote for it. I just want everybody to understand where
we're going to be at the end of the day if we have a major event out
there. Spell it right out the way it is just so we know.
MR. OCHS: Again, you have $4 million in your reserve account
right now.
COMMISSIONER COLETTA: Right.
MR. OCHS: They're not suggesting that you redirect any of that.
They're looking -- going forward, okay. Both on that, and you have $8
million, as Gary suggested right now, in your renourishment reserve.
You also have FEMA reimbursements already committed, Tropical
Storm Fay that Gary spoke about. And again, we expect in the spring
of 20 1 0 to get some confirmation from FEMA on another round of
reimbursements for those prior storms that he mentioned, hopefully in
the area of $1 0 million.
COMMISSIONER COLETTA: So you're--
MR. OCHS: If that comes through, I think you will have the
funding and the flexibility to deal with disasters or emergencies that
may come up over the next few years and still stay on track to do your
next scheduled beach renourishment, which is in the 2015 to 2016
range.
COMMISSIONER COLETTA: Okay. So you're saying the risk
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is minimal and it's -- we can take it on without serious concern?
MR. OCHS: Well, sir, what I'm suggesting is that if you want to
try to do something along these lines, that you may want to consider a
million dollars that was requested for one of the first two years, then
you could see next year if the -- if the reimbursements do come in
from FEMA and you could look at some of the results of the
advertisement that comes in to see how many heads actually do
increase into the hotels, and then we will know better next year at this
time --
COMMISSIONER COLETTA: Okay.
MR. OCHS: -- ifthe funding did come through for FEMA, and
you should have more data from Mr. Wert on how the million dollars
for this year translated into more heads in beds.
COMMISSIONER COLETTA: I see what you're saying. In other
words, that gets us to where we need to be --
MR. OCHS: May want to take them incrementally.
COMMISSIONER COLETTA: Commissioner Halas's
suggestions.
MR. OCHS: Instead ofa two-year commitment, make a one-year
commitment and then see where you stand again next year.
COMMISSIONER COLETTA: Okay.
MR. McALPIN: Commissioner Coletta, if I may, on our last
renourishment, if you look at that as an example, we were not able to
accomplish the renourishment with the funds we had in place. What
we had to do is pour -- pull funds in from DEP and FEMA in order to
be able to do that.
So if the funds from DEP or FEMA are not available moving
forward, then the issue becomes, then we have to prolong our beach
renourishment. And that's the reality. We don't know that at this point
in time. We know we have some funds available that -- for Tropical
Storm Fay, but if we have a major storm or we have a major beach
renourishment and those funds aren't available, then we would need to
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postpone or cut back on the amount of renourishment that we do.
COMMISSIONER COLETTA: Okay, thank you.
CHAIRMAN FIALA: John, we don't usually take speakers from
the floor, but I'll give you one minute.
MR. SOREY: Okay. It's just to address Mr. Coletta's comments.
You know, the reality is, if we don't have beaches, we don't have
tourism. Now, what our charge from the BCC was to develop a plan to
be able to renourish the beaches. We have a plan to renew the beaches
2015, and we are accruing money to accomplish that.
We don't know what the future's going to be ofFEMA or DEP.
So what we've tried to do is put together a plan and a budget to
accomplish our tasks to renourish the beaches. So that's the risk that
you raise. I'm all for the extra advertising as I said earlier. I think it's a
question of where the dollars come from. Weare at risk if we use this
money. We could have a major tropical storm next year. We know it
takes months or a year to get FEMA money back. We've got to be able
to renourish the beaches immediately if we have an event, and that's
the risk you take, Mr. Coletta.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN FIALA: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: First I would just like to address the
general, general issue. The stories we've heard from you today are not
new to us. We understood this long before it ever impacted you this
badly . We noticed the impacts starting in late 2007 on us because we
derive a lot of our revenue from what you do.
Gas taxes started trailing off, sales taxes start trailing off,
property taxes started dropping. We knew this was coming and we
began to take actions long ago. We could fill this room with hundreds
of government employees who have been terminated. We're down 450
employees, which is about 25 percent, and some of those employees
certainly are among the ranks of the 1,000 or so foreclosures that are
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occurring in our county every month now. It is a bad situation. We
understand your concerns.
And we -- we have a slightly different goal than yours. Some of
you are trying to just survive for the next month or the next quarter or
the next year. We have an obligation to the community to plan for the
long-term and be prepared for the disasters that people have been
talking about.
But the 900-pound gorilla in this room is the economy, and I--
there has not been a single economic recovery program that we have
approached in the last two years that has solved that problem, and I
don't think that there is any amount of money we can allocate that will
solve this problem. We might mitigate it to some degree, and I'm
certainly happy to do that.
But I -- it's impossible in my opinion for the commission to make
a decision on this item number three without also considering the
funding requests in item number eight and item number ten. And we
need to understand the implication of those.
For example, there is a request for $350,000 of unobligated funds
for fiscal year 2009 to be transferred to marketing fund 184. Well, is
that already in the budget? Because it's our common practice to carry
forward those moneys from one fiscal year to another if they're
unused. I don't have the answer to that question.
I also believe that your concern is immediate. You want some
immediate results. You want to do something that's going to impact
the tourism business this fiscal year, which started October the 1 st. So
we need to do something for you that's going to have a fairly rapid
beneficial effect.
I don't see that making a decision today about two years of
marketing expenses achieves that goal, nor does it focus our attention
on the next 12 months where I think it's important that we focus our
attention.
So I would suggest that we do approve increased funding for
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marketing, advertising, and ask that it be done immediately, that we
start advertising now, and in the spring, we will know if we were
successful in getting this money from FEMA. Ifwe haven't gotten the
money from FEMA, we will be restricted somewhat in what we can
fund beyond that.
Now, I won't go too far with this, but there are two segments
here. One is to continue advertising the brand. You don't want to just
write off the corporate business. You want to continue to advertise that
brand over the long-term, although I don't think you'll get much
additional response in a short-term, but also begin to generate more
advertising for the leisure business to get some more immediate
results, and I think that will payoff.
So what I would like to do is, if we could avoid raiding the beach
renourishment funds and use the other funds that are available, we can
at least duplicate the -- what is called the highly successful plan that
occurred in 2009 and probably find additional funds through the
interest allocations that will maybe provide up to another million
dollars.
So I think there are ways that we can get through the spring of
next year with a fairly aggressive advertising program, and I would be
very happy to support that.
But once again, I will say to you that there's a funding request on
item number three for $500,000 for two years, there's a funding
request on number eight for $500,000 for two years from the beach
renourishment fund there, and then there is a request for $750,000
from the emergency tourism advertising fund. I have no quarrel with
that, supplemented with the $350,000 in excess unobligated fund
balance from 2009 to transfer to Fund 184.
So I don't understand why the $350,000 isn't already transferred,
okay. If it was unused from last year, why isn't it a carryforward?
MR. ISACKSON: Commissioners, for the record, Mark Isackson
with the office management and budget. You've got moneys in
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different buckets, I guess, right now, is the best way to explain it. In
Fund 184, which is the tourism marketing and promotion, it's where
that fourth penny that you approved is housed, the -- that's one bucket.
Let's set that aside for a second. Then you have the emergency
advertising fund, which is 196.
COMMISSIONER COYLE: Don't do that to me. Let's stay with
the $350,000. I know exactly what it is and where it goes.
MR. ISACKSON: All right.
COMMISSIONER COYLE: It was unextended in fiscal year '09.
Why isn't it just carried forward to fiscal year '1 O?
MR. ISACKSON: What's happening -- what happened,
Commissioner, is the actual carryforward, the actual fund balance, the
beginning fund balance in Fund 184, is higher than what the forecasts
of our budgeted fund balance was.
So we have to come to you and recognize that difference, and
then you can use that money as you see fit. That's all that -- that's all
that paragraph is intended to say to you.
COMMISSIONER COYLE: Then tell me what is the amount of
money that will be -- that could be carried forward.
MR. ISACKSON: Roughly the $350,000 figure.
COMMISSIONER COYLE: The $350,000. So I would vote in
favor of that in a heartbeat, okay. Let's just move it over, it was in the
fund, it's TDC money. Let's get it to them. And the $750,000 of
emergency advertising, absolutely no problem. Let's do it.
CHAIRMAN FIALA: Well, you want to make a motion on those
two right now?
COMMISSIONER COYLE: I could, but that jumps ahead of
item number --
CHAIRMAN FIALA: I understand that, but you're talking about
it now, so -- and it's -- that's a simple one, so just do it.
COMMISSIONER COYLE: Okay. I make a motion that we
approve the carryforward of the $350,000 in excess unobligated fund
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balance money from FY09 to FYI0 for marketing Fund 184, and also
I would recommend the use of $750,000 from the emergency tourism
advertising fund in Fund 196.
CHAIRMAN FIALA: Do I have a second on that?
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay. Motion and a second. Any
discussion on those two items?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: 5-0 on both of those.
COMMISSIONER COYLE: Now, that leaves us --
(Applause.)
COMMISSIONER COYLE: Yeah, but now you're going to boo,
okay? All right. Here it comes.
The items on number three and number eight are taking money
out of the beach renourishment reserves, and I would say to you that
with the total of $12 million in beach renourishment reserves, we
probably have close to 50 percent of what we would need if we were
hit with a hurricane next year, next summer.
So I need to feel safer about that before I start to take a million
dollars out of that fund. So what I would ask the representatives here,
since you asked for money for a two-year advertising period, would
the one million dollars that we just talked about be enough to get you
through the spring of this year?
CHAIRMAN FIALA: No.
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October 27,2009
COMMISSIONER COYLE: Of this next year?
CHAIRMAN FIALA: No.
COMMISSIONER COYLE: I heard some yeses and I heard
some nos. Okay.
CHAIRMAN FIALA: Now, let me go on to some of the other
commissioners, and then we'll get back to you, Commissioner Coyle.
COMMISSIONER COYLE: Okay, all right.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yes. While we're discussing this
whole thing, the one thing that kind of concerns me is that -- the
creation of a new position called information center corridor --
coordinator -- excuse me -- we're going to now get the Chamber of
Commerce involved in paying some of their funds.
And I think with the 2,000 businesses, that I would hope that they
would be able to come up with the funding instead of coming to the
government and asking us to fund this position. Because once that
takes place, we'll never get that position eliminated. And it says here
that we even have a hiring freeze.
And I think that the -- instead of tourism paying for this, I think --
that's $44,000. I realize it's only that, but I really think that the
chamber has -- the chamber has an obligation to hopefully get their
members to put in a small amount of money to take care of this,
because I -- I don't want to see us grow government more than it is.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Yeah. Let's try to stay on target
and try to get this done.
Jack?
MR. WERT: Yes.
COMMISSIONER HENNING: How much are we short now for
the goal for this year based upon the board's recent action?
MR. WERT: The way we stand right now, in current revenue in
our budget, we have allocated $2.1 million for marketing and
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advertising. With the action that you just took on that item number
ten, that effectively gives us an additional million dollars there, takes
us to 3.1 -- 2 -- yeah, $3.1 million. That basically will replicate the
program that we did this past year using current revenue and
emergency dollars and that carryforward.
That will give us a program that we would start this fall. And I
agree with what you're thinking, that we really need to jumpstart this
now and start in the fall to drive season, come back in the first quarter.
That money would basically take us to May.
COMMISSIONER HENNING: Okay.
MR. WERT: What we were looking for in additional dollars then
would take us to May, August, maybe into September as well. The full
million is what we would need to take us to 4.1 million basically.
COMMISSIONER HENNING: Well, does it make sense to do it,
or can you do it, you know, come back in April or -- actually April,
and let's see where we're at, see what else we need to do?
MR. WERT: Well, we certainly could do that. Basically that's
what we did this year. We spent the money early this year in the first
two quarters. That paid off very well. We came back and asked for
additional dollars from the emergency reserve. So somewhat the same.
COMMISSIONER HENNING: But it you're successful --
MR. WERT: Yes, sir.
COMMISSIONER HENNING: -- and I know you're going to be.
How successful? That's wait and see. Maybe there's little to no further
action that we need to do in April to get you through the summertime;
is that a fair statement?
MR. WERT: The only concern there, Commissioner, is using that
$750,000 out of emergency reserves. We continue to go after that
basically non-reoccurring dollars. And at some point that emergency
fund for advertising is not going to be there. It's depleted from where
we wanted it to be. So that -- yeah, that works this year, but it --
beyond, it really doesn't, and so that's why this additional two funding
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suggestions from the TDC were to fill in that for another two years, let
us get back to where we think the economy needs to be.
Even the return on our investment has gone down in the last year
because rates are down. People are not spending as much when they
come here. So we've got to get back to where the economy's good and
we can all then deliver even better results than we have in the past.
This certainly helps. I think a few additional dollars will get us
through the balance of the summer, and that's what we've been
showing the TDC all along is those dollars we spent this summer
beyond May really did payoff. It got Floridians traveling. Our Florida
numbers are up over a year ago. As bad as the economy is, people are
traveling. But it was that advertising and promotion that paid off. We
can see it in jumps and spikes in our website. It happens immediately
when we run adds, so --
CHAIRMAN FIALA: But Jack, I think what you haven't
mentioned, and I don't think the board is aware of this, is that you're
going to expand that advertising into some new locations, and that is
what you wanted these extra dollars for. You were going to go --
MR. WERT: With the additional dollars.
CHAIRMAN FIALA: -- into Pennsylvania, to Ohio, Boston;
aren't those correct?
MR. WERT: Yes, that's -- that is correct. In this summer, just this
past month, we saw an increased interest in Philadelphia, in the
Washington area and Boston, areas that we're not necessarily
advertising in except on the Internet. We definitely are hitting them
there.
So there is some interest. And yes, those markets of opportunity,
we can go in and really concentrate a little more on those if we have
these added dollars. And in this case, from other than just our
emergency reserve. And I think it's important --
COMMISSIONER HENNING: Well, let me just say with that--
CHAIRMAN FIALA: Okay.
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October 27,2009
COMMISSIONER HENNING: -- with your clarification and
question, I think it helps me out quite a bit. I'm feeling more
comfortable that we need to give that direction now on number three
for one year, Commissioner, not for two years. I think Commissioner
Coyle, Commissioner Halas made a very good point is okay, so show
us how it's going to work that first year, and so I'll make that motion.
CHAIRMAN FIALA: Okay.
COMMISSIONER HALAS: I'll second that.
CHAIRMAN FIALA: And a motion --
COMMISSIONER HALAS: The transparency that they'll come
back and show us how many heads they've put in a bed, yep. I think
it's only fair.
CHAIRMAN FIALA: Okay. So I have a motion on the floor to
approve item number three by Commissioner Henning and a -- for one
year.
COMMISSIONER HENNING: Right.
CHAIRMAN FIALA: And a second by Commissioner Halas.
Commissioner Coyle?
COMMISSIONER COYLE: Wouldn't it -- wouldn't it make
more sense to do it for the next two quarters so that we would have an
opportunity to see what amount we got from FEMA? And if we got
sufficient money from FEMA to make us feel comfortable with the
beach renourishment reserve, we could then approve the entire
additional amount of money for continued advertising?
COMMISSIONER HENNING: Well, let me answer that. You
know, coastal zone management is the only department that I know is
forecasting their costs to go up. Everybody throughout the whole
nation, the costs are going down dramatically. For some reason we're
-- our costs are going up in this department.
Now, there are other things that you can look at in coastal
management besides beach renourishment. You've got coastal projects
in there that we don't have to do. That is not a necessity of government
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to do that.
Now, the beaches is something that we all enjoy. So, ifit
becomes a problem within coastal zone management, there are other
ways to skin that -- I shouldn't say skin that cat. I'll get all the animal
lovers after me if I did that.
MR. WERT: Don't go there.
COMMISSIONER HENNING: The lizard. Skin the lizard.
COMMISSIONER COYLE: It's still an animal.
CHAIRMAN FIALA: Okay. So now -- oh, I have a motion on
the floor, and I have a second. And --
COMMISSIONER HALAS: Question?
CHAIRMAN FIALA: Yes, sir.
COMMISSIONER HALAS: In this motion that we're going to
vote on here, where -- and the money is coming from where, FEMA?
COMMISSIONER HENNING: No.
MR. OCHS: No, no, no.
COMMISSIONER HALAS: It's going to be reimbursed when we
get the FEMA; is that correct?
MR. OCHS: This is--
COMMISSIONER HALAS: FEMA payment.
MR. OCHS: You're talking about an -- allocating $500,000 for
one year from your beach catastrophe reserve, Fund 195, for --
CHAIRMAN FIALA: But don't we get $2 million, and of that $2
million that goes into that fund, we're only taking a half a million; is
that correct? I think --
MR. OCHS: No, ma'am. You get a half a million a year into your
catastrophe reserve fund. You get 2 million a year into your beach
renourishment.
CHAIRMAN FIALA: Oh, okay. I'm sorry. I got them mixed,
excuse me.
MR. OCHS: That's Item 8.
CHAIRMAN FIALA: Okay.
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October 27,2009
MR. OCHS: So that's the motion, $500,000 for one year.
COMMISSIONER HALAS: Then they come back and tell us--
we get the -- find out what the figures are, what the percent of increase
in residents or people that came down here to use the hotels.
COMMISSIONER HENNING: Right.
CHAIRMAN FIALA: And hopefully we'll get extra tax dollars,
bed tax dollars in because of that that will go back into replenishing
those funds. So yeah, there's a positive here, too.
(Applause.)
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second. And we have the county attorney who's trying to get my
attention desperately.
MR. KLATZKOW: You have a Florida statutory requirement
that this be done by changing the ordinance. So as part of your motion,
direct staff to bring back -- to advertise and bring back to the board a
change in the ordinance to enact this.
COMMISSIONER HENNING: Yeah, that's always been my
understanding.
CHAIRMAN FIALA: And yours, too, right, Commissioner
Halas?
COMMISSIONER HALAS: I'm concerned if we change the
ordinance, are we going to be able to change it back in two years if the
economy gets better? I don't want to end up where we end up -- this is
now a given, and all of a sudden we start losing funds for beach
renourishment.
COMMISSIONER HENNING: You just do it for one year.
MR. OCHS: Yeah.
COMMISSIONER HALAS: Okay.
CHAIRMAN FIALA: Just for one year, okay. Everybody's under
-- everybody understands, right?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
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October 27,2009
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: That is a 5-0.
(Applause.)
COMMISSIONER HENNING: Take a lunch, take a lunch.
CHAIRMAN FIALA: Okay. Now, at this time we're going to go
take some lunch. We'll be back here at two o'clock, okay. I know you
might be disappointed, Leo. What do you want?
MR. OCHS: We've got another time certain at two, so just
remember.
CHAIRMAN FIALA: Well, we have to finish this one.
(A luncheon recess was had.)
CHAIRMAN FIALA: Would everyone please take their seats?
And before we -- before we get right back into the tourism
subject that we've been discussing, I didn't realize -- I just learned this
a few minutes ago, that award we gave to the solid waste people this
morning, it was the only one in the country that was awarded. Our
people were the only ones in the country, and I just wanted to say
something. I wanted that on the record.
(Applause.)
COMMISSIONER COYLE: That's because our staff made it.
CHAIRMAN FIALA: Oh, they made the --
COMMISSIONER COYLE: Yeah.
CHAIRMAN FIALA: Okay, Jack. And for the people who are
here for the two o'clock time certain, we're running a little bit late, so
you're going to enjoy this part of the meeting. Just sit back and enjoy.
COMMISSIONER COYLE: Oh, really?
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MR. WERT: Thank you, Madam Chair. We left off -- I guess
number four would be the next item. This recommendation was kind
of a joint effort at the time the subcommittee met. We know that there
is a number of rentals out there in Collier County, whether it's
condominiums, private homes, whatever, that mayor may not be
currently registered to correct the tourist development tax for
short-term rentals, six months or less.
So the direction was in -- for staff to look at ways to work more
closely with the Tax Collector's Office, possibly with code
enforcement, to see how we might improve that compliance with the
tourist tax ordinance.
And so the recommendation was -- and I actually have met with
Larry Ray and his staff. We have looked at a number of ways to,
perhaps, improve the situation.
The Tax Collector's Office does feel that they have sufficient
staff to continue to enforce this, so they don't think that a position is
necessary there. That's their feeling.
One thing we had talked about prior to the last County
Commission meeting when you repealed the rental property
requirement to register your property, code enforcement was able to
go out and enforce those things and could have helped us.
Couple of things that I think would help in this regard related to
better -- a compliance with the tourist tax ordinance, and that is, we
have pledged to the Tax Collector's Office that we'll assist them in an
education process to get information to homeowners associations, to
the rental agencies, and so forth, exactly what the requirements are,
even write some let- -- some articles for newsletters for the
homeowners associations to remind people of the importance.
In the meantime, the tax collector has sent out another letter to all
the homeowners groups, homeowners associations, again, reminding
them. In fact, a correspondence just went out when you repealed that
rental registration ordinance that that was no longer important, but you
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still have to register with the Tax Collector's Office, you still have to
register with Department of Revenue for sales tax, and you still have
to register with the appraiser's office on the tax on -- what is that --
can't think, but it's -- personal property tax. That's -- so there are still
three things that they need to do.
What can we do? I think enforcement is still something that's of
interest to us to be sure everybody is registered and is, in fact, paying
the tourist development tax and, frankly, sales tax as well, because we
even see that coming back.
So we're willing to continue to work with the Tax Collector's
Office to find ways. If at some point we could contract with someone
on a part-time basis to help us with enforcement, we might be able to
do that as a split funding thing with code enforcement if -- and I'll be
happy to, with the direction of the board, talk to Joe Schmitt and see if
that's a possibility that we could work in that direction. That's what I
have on item four.
At this point I think some direction from the board would be
helpful as to how else we might proceed to make sure that everyone is
complying.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yes. Sounds good, but the ends
result is, most of our code enforcement people are dealing with
foreclosures at this point in time.
MR. WERT: Yes, sir.
COMMISSIONER HALAS: The other thing I think that needs to
be brought to the attention of people in Collier County who rent are
Realtors who get involved in this and make sure that they are
collecting the tax dollars also, because obviously they take a cut of
about 20 or 25 percent, and I think that that needs to be taken -- taken
up.
So whether we get involved in doing something above and
beyond this, as you suggested, maybe contracting, I would assume
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that the Tourist Development Council is going to pay for the funds for
contracting --
MR. WERT: Yes, that would be the idea.
COMMISSIONER HALAS: -- this and not coming to the
government --
MR. WERT: No, sir.
COMMISSIONER HALAS: -- looking for us to address this
particular issue. Because as I said, with our problems right now, we're
trying to make sure that we're doing enforcement for the foreclosure
homes. That's one of the big things that I think we're trying to address
to make sure that it doesn't decrease the property values of neighbors
next door to these particular properties.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. Jack, that inspection you
were talking about that the county was doing really didn't get to where
you would have needed to be. It fell far short of that. We canceled it
for the simple reason it was nothing more than an expense that we
were charging --
MR. WERT: Right.
COMMISSIONER COLETTA: -- affordable housing that they
got no benefit back from. So that's not even an avenue to consider,
you know, I mean, for any reason, even if it was still in place.
But I agree with you, you know, everyone should comply. But
now let's make sure the people that are listening today understand who
it is that should comply. And I believe, what is it, six months or longer
MR. WERT: Six months or less.
COMMISSIONER COLETTA: -- or shorter? Less. Six months
or less they're obligated to pay a fee of, what is it, 3 percent?
MR. WERT: It's 4 percent tourist development tax and 6 percent
sales tax.
COMMISSIONER COLETTA: Six percent sales tax. And 6
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percent sales tax applies to all commercial properties also. If they're
not paying at some point in time they could become very liable. And I
assure you that the state tax bureau would be a lot more -- what do you
want to call it -- proactive as far as enforcing the rules than the county
would be.
So it would behoove anyone out there that's renting short-term to
get with the correct department here at the county and the state and get
their businesses registered, their properties registered so you can go
forward.
Now, what you're proposing is, this person would be on your
payroll and they would work with the tax collector through their
records to be able to reach out and touch these people. Can you tell us
a little bit about, what the ramifications of people who do not pay
these fees?
MR. WERT: The tax collector can actually place a lien against
the property, which at some point if they would try to sell the
property, that would become due. So that's their immediate
enforcement. They can also audit people, you know, and find out and
actually send them a tax bill for what they feel is owed. The tax
collector has those parameters to do that.
COMMISSIONER COLETTA: Well, if you need direction or a
motion to move forward on this, I'd be happy to do either.
COMMISSIONER HENNING: Second.
MR. WERT: Okay.
CHAIRMAN FIALA: And in keeping with this, I just had
somebody contact me yesterday who said she knew of two people
right in her apartment building who were paying the bed tax and
paying the sales tax, and the person that owned the building was
collecting it and never passing it on but pocketing it. And I said -- I
said you need to report that, and she said, I'm afraid to do that because
I'm afraid there'll be retaliation. Then I said, then tell me, and I don't
even want to know your name. I'll make sure somebody knows about
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it.
But I was wondering, for those who know that this is illegally
being done, collecting this tax and then the owners are pocketing it,
where would people call? Who would they report that to?
MR. WERT: To the Tax Collector's Office.
CHAIRMAN FIALA: To the Tax Collector's Office.
MR. WERT: They follow up on every one of those.
CHAIRMAN FIALA: Is there a person they should ask for in the
Tax Collector's Office? And can it be done anonymously?
MR. WERT: I can't answer that question whether it can or not,
but they tell me that they follow up on all leads.
CHAIRMAN FIALA: Great, great. Okay. Commissioner Coyle.
COMMISSIONER COYLE: Well, I've heard a motion and a
second but I haven't heard a motion yet. So the thing is that you have
given us a range of alternatives about doing things, and I think we
need to narrow it down, and I think we should narrow it down to
instruct you to continue working with the Tax Collector's Office and
let the tax collector enforce the law.
And there's no need to hire anybody else to do that. You've just
said the tax collector says they can do that without an additional
person, so why not let the tax collector do that?
COMMISSIONER HENNING: Second.
COMMISSIONER COLETTA: Yep, that was the motion.
COMMISSIONER COYLE: Oh, really?
COMMISSIONER COLETTA: Thank you for clarifying.
COMMISSIONER COYLE: I've never heard that before.
COMMISSIONER COLETTA: Well, you just weren't paying
attention.
CHAIRMAN FIALA: Do you need the motion to be stated so
that it's clear?
COMMISSIONER COYLE: The motion is to direct the staff to
continue working with Tax Collector's Office to collect taxes due and
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enforce the law, end of story.
CHAIRMAN FIALA: And that's the motion and the second,
correct?
COMMISSIONER COLETTA: That's the motion.
But Jack, does that get you where you need to be?
MR. WERT: At least initially it does, sir, yes. And let's see how
the education efforts that we're talking about that really are not
additional costs, works out. Let's give it six months.
We certainly will work with the Tax Collector's Office. Our
research company will continue to -- because you can kind of back
into those numbers to see -- we know the number of people that are
here visiting. Does that correlate to the amount of tourist tax that's
being collected?
So there are other ways that we can help the tax collector in that
regard. So we'll continue to do those things. If we find that we at some
point need to come back with a person -- and that was the
recommendation of the subcommittee, but I think this education
committee -- or education process might do a lot to inform people, just
as you did on the air here, to inform people of what needs to be done.
COMMISSIONER COLETTA: How else should we reach out
educational-wise? Through maybe a website or what?
MR. WERT: Well, we will provide homeowners associations and
all of the rental agencies to make sure that they are adequately
educated, we'll write some suggested articles that the homeowner'
groups can put in their own newsletters, and we'll work that way, and
we'll come back and report to you how we're doing.
CHAIRMAN FIALA: Very good.
COMMISSIONER COLETTA: Okay. Include that direction in
the motion also.
CHAIRMAN FIALA: Okay. And in the second? Okay.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
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COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: 5-0.
And now we move on to item number five.
MR. WERT: Yes. This item, Madam Chair, is one that -- again,
compliance with the tourist tax collection. We know that we've had a
problem for some time with online bookers of travel that -- and we've
talked about it here before the group.
The whole point of this recommendation was that if -- that the
Tourist Development Council was supporting whatever the Board of
County Commissioners did. If you joined into that class-action suit
that other counties were joining into -- and I look to the county
attorney to see if that is proceeding.
MR. KLA TZKOW: Nabors Giblin, who's our primary local
government outside counsel, is putting together a class-action suit. So
far Lee County, Leon County, Manatee, Pinellas, and Polk County
have already signed onboard. There are another half dozen or so
counties that are going through the same process we're going through
here to see if they want to go onboard, as well as the State of Florida is
looking at it.
And if the board wants to join in, the initial class action would be
for the declaratory judgment that the statute, as written, requires the
dot corns to pay what I call a differential. Right now what they do is
they'll buy a block of rooms from a hotel, say it's $80 for the block,
and we're getting -- the state's getting the sales tax and we're getting
the tourist tax based on the $80. They then turn around and they may
sell those for $100, and the lawsuit is trying to get a piece of that
differential.
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So the State of Florida is sort of interested for the sales tax end of
it, the counties and municipalities are interested in it for the TDC end
of it. And it's going to get filed. The only issue is whether or not this
board wants to participate.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: I really think that this is something
that TDC needs to take to our legislative body, and hopefully they'll
address this particular concern up in Tallahassee in this upcoming
legislative session.
We mentioned something about it when we had the workshop,
and there didn't seem to be too much response over that, so I'm not
sure where that stands.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Who would pay for the costs, the
legal costs, of this class-action lawsuit?
MR. KLATZKOW: It would be shared between the participants.
So the more the merrier.
COMMISSIONER COYLE: No, I'm talking about between the
Board of County Commissioners and the TDC funds. How would --
what source of funding would we use to pay for the costs of
prosecuting this class-action lawsuit?
MR. KLA TZKOW: I think you'd have to use board funding for
it.
COMMISSIONER COYLE: And you couldn't ask for a
reimbursement by TDC funds?
MR. KLATZKOW: I'd have to look into it. I'm not entirely sure
that -- I'd have to go through the ordinance to see whether or not they
can reimburse you for that anywhere.
COMMISSIONER COYLE: They would be the recipient of any
increased revenue. Why wouldn't they -- that be net of the legal
expenses necessary to get there?
MR. KLA TZKOW: Oh, I don't disagree with you. I'd have to
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look at that issue, sir.
COMMISSIONER COYLE: Okay. Could we -- could we ask
that the county attorney look at that issue from that standpoint?
CHAIRMAN FIALA: And then get back to us, you mean --
COMMISSIONER COYLE: Sure.
CHAIRMAN FIALA: -- before we vote on this?
MR. KLA TZKOW: Yes.
COMMISSIONER COYLE: Well, yeah. We can -- we can delay
this vote or we can postpone this one item.
MR. KLATZKOW: Yeah. I'll take a quick look at it.
CHAIRMAN FIALA: Okay, fine. So we can -- is that okay with
all the other board members, bring it back at the next meeting
possibly?
COMMISSIONER HALAS: I was hoping we'd get an answer
today.
MR. KLATZKOW: Yeah, you'll get an answer pretty soon. I just
want to go through the ordinance.
CHAIRMAN FIALA: Oh, okay. So then do you want to just
discuss it a little bit later --
MR. KLATZKOW: Yes.
CHAIRMAN FIALA: -- is that what you want to do?
COMMISSIONER COYLE: Okay. Motion to table it then.
CHAIRMAN FIALA: Okay. Then we'll go on to item number six
until the county attorney gets back to us.
MR. WERT: Okay. Item number six is a discussion about
combining some of the visitor guides that we have in the marketplace
currently. There can be some confusion among visitors with so many
of them. Maps are not really consistent between the various
publications.
What the subcommittee recommended and actually assigned to
one of the -- Susan Becker did a pretty extensive study on the different
books that are in the area, and her recommendation came back to the
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subcommittee and then on to the TDC, was that the Naples Chamber
publication and our visitor guide for the Convention of Visitors
Bureau, those two made the most sense to combine together. They
both have Collier County-wide presence, listings of various businesses
and so forth.
And in addition to that, discussions have also taken place with
the Marco Chamber, and we will extend that, if we do this, to the
Everglades Chamber, the Immokalee Chamber, now the East Collier
Chamber, to see if they'd like to participate as well.
I think it would be helpful if we came up with one official guide
for the area that all of the information centers handed out as the
official guide, one map that really is the official map of the area. I
think it would help our visitors a lot in being more informed about
what there is to see and do in the area. So that's the idea.
Timing on this would probably be in 2011 because the 2010
books for both the CVB and the chamber are pretty well put to bed,
and ours will be printed here in a few weeks.
So it would be an '011 item that we'd work on, and the chamber
is very supportive of doing this. So we would like to move forward
with this process.
CHAIRMAN FIALA: Okay. Did you want to speak also?
COMMISSIONER HENNING: No. I'm just in favor of it.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yes. As I said earlier, made a
statement that you're looking to hire on another person, and you're --
and that the tourist development tax dollars were going to go for this
person, I believe, that was going to be appointed at the Chamber of
Commerce; is that correct?
MR. WERT: The way this started, Commissioner, was that we've
known for some time, and the input to the subcommittee was, that
information is inconsistent around the county. That's why the one
visitor guide makes sense. But in addition to that, to make sure that
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each information center around the county has basically the same
information.
So we felt it was important to have somebody that could go out
and do that. The point is -- and we made a note in the executive
summary -- that at the current time at the county we couldn't do that
with a hiring freeze.
And so we talked to the chamber, and they were agreeable that
they would at least oversee the position as long as we would share in
the -- in the cost of it. They would share with part of the cost. We
would as well. And if we're able to do that, maybe we can share it
with some of the other chambers as well.
This would be --
COMMISSIONER HALAS: As I said, I think that this ought to
be picked up by all the chambers instead of using taxpayer dollars in
regards to this, and I think it could still work out where you can have
one magazine that encompasses everything, but I think it's only fair
that the -- since the chamber -- I just don't want to get in a situation
where we start giving funds, tax dollars, to the chamber, and we can
never wean them from it. So that's what my concern is.
Like I said earlier, we're not the Federal Reserve, and I think that
there's a lot of people out there that, as we heard today, if you've got
2,000 businesses here in just the -- along the coastline and you include
all the other chamber of commerces, obviously a small pittance will
take care ofthis particular problem.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Well, we were talking about item
six and seven together, I presume.
CHAIRMAN FIALA: No. First we're just -- we'll just take six
because Michele Klinowski wants to speak on seven anyway.
COMMISSIONER COYLE: Well, the issue was raised about the
additional person.
CHAIRMAN FIALA: Yeah, I know, but we're just addressing
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publication so we don't get them all, you know, melded together.
COMMISSIONER COYLE: Then for both of those items--
MR. WERT: Yes, sir.
COMMISSIONER COYLE: -- there is no indication of increased
efficiencies or increased costs? It has not been quantified in any way
whatsoever. If you're consolidating two publications into one
publication, I can see lots of logical reasons for doing that, and people
have to pay only for one layout rather than two layouts. They only
have to consolidate information for one thing and do it once and get it
published in one magazine. There's got to be some efficiencies there.
And if you come to us to ask us to approve changes of that
nature, we ought to understand what those efficiencies are. And since I
can't talk about the other position, hopefully you will able to tell us
what the costs of that other position are -- is when we get to that point,
okay?
CHAIRMAN FIALA: Very good. Commissioner Coyle?
COMMISSIONER COYLE: So until I get to the other item, I'm
going to vote no on this one.
CHAIRMAN FIALA: And I just had a concern. If it were only
the two publications that were joined -- and Marco just depends totally
on tourism and they were left out of this publication, then I would be
concerned about this, too. So -- and I would guess Immokalee and
Everglades City would feel the same way. It should be a magazine
that doesn't just combine our CVB and the Naples Chamber, but all.
MR. WERT: And we certainly concur that we would talk to
everyone about that. The difference with the Marco Chamber, and I
don't know if Sandy --
CHAIRMAN FIALA: She's here.
MR. WERT: Sandy is here. And perhaps you want to address
this. But basically their piece is their membership directory and
certainly is a profit center for them. It's a little different than the
Naples Chamber directory, which is -- certainly has their members in
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it, but it is a much wider distribution of businesses.
That seemed like the logical one. We certainly will talk to Sandy
and all of the chambers to see if everybody could at least agree that
we've got one official publication, and everybody else, if they want to
do something, it's not a visitor guide; it's some other purpose. Like in
the case of Marco, it truly is their membership directory.
CHAIRMAN FIALA: Yeah, okay, good. Ijust wanted to make
sure we would include everybody.
Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. Including everybody.
Jack, at this point in time, do you have dialogue going on with
Everglades City and Immokalee?
MR. WERT: Not currently. We would -- we would do that.
COMMISSIONER COLETTA: Well, you know, I think maybe
if we could have a little more information and bring this back, it would
be much more appealing, because I personally don't know if they want
to participate. I have no idea. I don't know what to expect from those
two entities, and you probably don't from Marco.
CHAIRMAN FIALA: Right.
MR. HENDEL: Can I clarify a lot of this stuff? The
subcommittee worked very hard in all these recommendations, and it
looks like we just pulled them off the top of our head.
We had a group study the publications. The group decided that
one publication would be best for the county, and the savings was
going to be in the area of 20- to $25,000.
Then we had all kinds of testimony that the chambers and the
tourist centers throughout the county were not fully supplied with
materials. Example, Everglades City had nothing about the City of
Naples. Immokalee had nothing about Everglades City.
So in our deliberations -- and we didn't do this in one time. We
had nine different meetings. In our deliberations and with the
testimony from people from Immokalee, Marco, Everglades City, and
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Naples, we came up with a suggestion that we hire a coordinator. We
have a price on the coordinator; roughly $50,000. We're going to
finance the 50,000 with the money we saved on the two magazines,
and the balance would come from tourist funds. We're picking up
money for the tourist funds. We're picking up interest. The amount is
very small. If you take the 60 and the 25, you're looking at about 20-,
30,000.
Our committee decided and recommends that we hire this person,
and it's going to be the best thing for the county from a tourism
standpoint.
CHAIRMAN FIALA: Okay. Now, we got off publication again,
and now we're onto a person, right?
MR. HENDEL: Yes, I did. I'm sorry. But the publication -- we
had a study. We had -- they came in with this many publications. Half
of them had maps, half didn't have maps.
Our committee decided, let's do it. We coordinated with the
chamber, with the tourist devel- -- everybody, and we made the
recommendation.
I'm sitting back here without any criticism of Jack or -- it sounds
like we threw these recommendations out without thinking. We
thought heavily about all these things. And we wouldn't put it on
paper and we wouldn't sign it if we didn't agree with it.
So I just want the commissioners to know that these
recommendations took a lot of time, there's a lot oflogic.
And there's one other thing, if you'll allow me to say which might
have changed this whole thing. We recommended that the interest on
our funds come to us. We did not know that the Board of County
Commissioners approved that. So in our package it says, we want the
interest. If we had known, we then -- we're pretty smart, we would
figured out what the interest would be, and we would use that interest
to offset some of the other recommendations we're making, but we
didn't know about the interest.
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So if you put that on the table that we're going to be getting
interest, projected first year we could get a couple hundred thousand,
maybe three or four years, 500-, 600-, that would cover a lot of the
stuff we're looking for from maybe the beaches and so forth.
So please understand that these recommendations were not
haphazard. A lot of thought went into them. Thank you.
COMMISSIONER COLETTA: I never -- I never thought that
you didn't put a lot of thought into it. And believe me, I appreciate
very much what you do. And if! had my way, I'd double your pay.
Volunteer, by the way. He doesn't get paid.
But here's the whole issue is that Immokalee and Everglades City
are 40 to 55 miles removed from the center of Naples. Center of
Naples is where the largest part of the commerce takes place and
probably the vast majority of tourist dollars, followed closely by
Marco Island. I'm not even -- I haven't communicated with those
people on this issue at all. They may be in the position where
individually they would rather not have publications from another
entity in their neighborhood. They might rather hold their audience
captive when they're there, try to keep them. I don't know.
This is why I'm very uncertain about the way this is going and
the whole thing. It sounds like, even though a lot of thought's been
given to it, I really need some feedback myself from people that I
represented to be able to find out how they fit into this whole things
before I move forward and I get back to Immokalee or Everglades
City. They'll say, what in the hell were you thinking? Why didn't you
come and talk to me first? Believe me, I appreciate your efforts, I do.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Murray, the problem we have
is we have an executive summary for this item, and the executive
summary has a fiscal impact statement, and the fiscal impact statement
says that the fiscal impact associated with these recommendations is
uncertain and will require time and process and implement -- it
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probably should have said to implement -- if direction is provided.
So what we need in our execu- -- and I know you didn't prepare
the executive summary. But that's what we've got. And we're working
from what we have. And if there was additional information, it should
have been included in our packet as part of that executive summary.
And I understand you are not the person responsible for doing
that. But we have to make the decisions based upon what we have in
the official packet. And there's nothing that indicates cost savings,
efficiency, at all, and so with the issues raised by some of the other
commissioners, I would make a recommendation that we -- we
postpone making a decision on item six and seven until we have the
appropriate backup information. And then --
COMMISSIONER HALAS: I'll second that.
COMMISSIONER COYLE: -- and then we can proceed.
CHAIRMAN FIALA: Okay. I have a motion and a second to
delay making a decision on number six and seven until we get further
information.
COMMISSIONER HALAS: Yep.
CHAIRMAN FIALA: Okay. Commissioner Halas?
COMMISSIONER HALAS: I'm done.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Well, it's kind of late to turn this
ship, but it looks like we're going to -- Jack, you're --
MR. WERT: We'll come back.
COMMISSIONER HENNING: Yeah. You're going to come
back.
MR. WERT: Y eah. We'll come back with more information.
CHAIRMAN FIALA: Okay. So then I have a motion on the floor
and a second. Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
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October 27,2009
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: 5-0.
Okay. Number eight.
MR. WERT: The next recommendation was to redirect 500,000
of the $2 million offset for major beach renourishment projects from
that reserve account, 500,000 each of two years, total of $1 million
from Fund 195 redirected to destination marketing.
Similar item to number three that we dealt with before, but this
was coming out of the major beach renourishment fund that Gary
talked about earlier today that would be used for the renourishment
similar -- that we did in, what was it, 2005.
COMMISSIONER HENNING: We already did this item, didn't
we?
COMMISSIONER COYLE: This is in addition to the one we
already did.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. This was the crux of my
point earlier on when I said we couldn't really make a decision on the
first two without taking this one into consideration. And I would
suggest that since we have approved increased funding for the first
year, that we postpone any discussion concerning taking money out of
our catastrophe reserve for beach renourishment until such time as we
have an answer on the reimbursement for FEMA funds in the spring.
We should know that by when, March, April. Mr. McAlpin?
MR. McALPIN: We'll know it by May, sir.
COMMISSIONER COYLE: Okay.
MR. McALPIN: April, May.
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October 27,2009
COMMISSIONER COYLE: Okay. So we've already allocated at
least $2 million, I believe, or pretty close to that, for advertising for
the next 12 months. And what I would suggest is we postpone the
decision on this one until we know the status of the reimbursement of
FEMA funds. If FEMA funds come in, our catastrophe reserve for
beach renourishment will, I think, be solid, and we can then make a
decision in May to allocate additional advertising funds if it is
necessary. That reduces our risk. So that's -- that's where we should --
we should do it.
COMMISSIONER HALAS: Commissioner Coyle, if that's a
motion, I'll second that motion.
COMMISSIONER COYLE: It is a motion.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Jack, that doesn't get you where
you need. The TDC --
MR. WERT: It's really too late then for us to do much with that
money in May. I think if -- perhaps, March, if we were able to know
better. By then we're going to have some pretty good data on what our
-- we're planning to do a fall campaign. We can give you some
research data on that and what that returned, and at least we start in the
first quarter. We'll have a little bit of data. May is really too late for us
to really use that money in this fiscal year.
COMMISSIONER HENNING: Right. And that's my fear. And
I'll tell you, if we don't -- if we don't nail this one this season, then the
chances of trying to make anything up in the summer is not very good.
The -- the group meetings that come in, they come in during season; is
that a correct assumption?
MR. WERT: Certainly. That's the highest-rate business and so
forth, yes, it is, but we really rely on that group meeting business all
through the summer, too. That's a very important part of what we do.
COMMISSIONER HENNING: You're not going to get that.
That's out the window. So you're going to -- you're strictly counting on
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October 27,2009
leisure, and you're asking for funds to promote that leisure to keep
people employed.
MR. WERT: Yes, sir.
COMMISSIONER HENNING: And May is just going to be way
too late to do that.
CHAIRMAN FIALA: And I agree with Commissioner Henning.
I think we've already got -- we've got, I don't know how much, $8
million or $4 million -- because they're running together in my head,
but -- and we're putting $2 million more into it every year, and this is
only asking for one quarter of that money and yet at the same time, if
we can generate, as we hoped, many more tourists, we'll be able to
replenish some of that money, so --
COMMISSIONER HENNING: See, and that's the point where
it's not being said is, if we're successful, all ships rise. And if we --
gosh, if we don't do that, it's going to be such a disaster.
CHAIRMAN FIALA: Well, I agree with Commissioner
Henning.
Commissioner Halas -- I mean Coletta. I'm sorry.
COMMISSIONER COLETTA: Wow, you got me--
CHAIRMAN FIALA: You look so much like him.
COMMISSIONER COLETTA: Don't tell me I'm the swing vote
on this.
COMMISSIONER HALAS: I feel sorry for him.
COMMISSIONER COLETTA: Be nice to me. I'm the swing
vote on this. I'm the only one that hasn't committed one way or the
other.
Okay. Jack, give me a little level of comfort on this. If we
commit to this now, we're going to get a measured results to be able to
determine what we're going do in the future? We'll be able to see all
the statistical data as it's coming through to be able to justify this
expenditure?
MR. WER T: We can -- we get that data every month. So, yes, we
Page 13 5
October 27,2009
can at least share that with you every couple of months to show you
how this is doing. We pledge to you that we will bring that -- that
level oftransparency, I believe that the term was, absolutely. We --
we've always shared that information with you more on a quarterly
basis. We'll make it more often than that so you can see that.
This is the -- the commitment today would certainly help us plan
for the balance of this fiscal year and get us where we need to be.
COMMISSIONER COLETTA: You're the -- you're the director
of the TDC. You're the guy that we're asking for the facts for. And I
mean, let's face it. Every time something like this comes up, you put a
little bit of your life on the line.
MR. WERT: Yes, sir.
COMMISSIONER COLETTA: If you feel confident enough that
this should go forward, then I'll give you the backing you need.
MR. WERT: I have every confidence that we can deliver the
same as we have every other time you've had the confidence to give us
additional dollars. We've delivered every time. I don't think it's any
different. People are traveling. We've just got to get more of them
here.
COMMISSIONER COLETTA: I like that answer, and you didn't
hesitate to give it. Thank you.
CHAIRMAN FIALA: So Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I would just like to call your
attention to the allocations that you originally requested. It was $2.1
million, and over the 12 months, that's $180,000 a month. We've
authorized you $1.5 million already, and we're -- and if you allocated
that over the first six months of this fiscal year to get us out to May,
that would be $250,000 a month. So it simply -- the numbers simply
don't add up when you say it's too late.
We could very easily have a front-end-Ioaded advertising
program, which is what you want, to get people here quickly, with a
$250,000-a-month budget for the next six months. And then we would
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October 27,2009
know if we got the FEMA money. We could either -- we'd do one of
two things. We could evaluate whether you needed more money from
another source and we could get it for you, or we could determine that
the FEMA money is there, and we wouldn't have any trouble
allocating some money out of the catastrophe funds.
So I suspect it's going to pass anyway, but the numbers don't add
up.
CHAIRMAN FIALA: So FEMA money seems to be the
discussion. Are we definitely guaranteed we're going to get the FEMA
money?
COMMISSIONER COYLE: No.
MR. OCHS: That's our point.
CHAIRMAN FIALA: Okay. And then there's some more money
we're supposed to get in from another source, Hurricane Fay, right?
MR. OCHS: Yes. That is committed, yes.
CHAIRMAN FIALA: Well, there's two different pots, right?
MR. OCHS: Yes. Gary, one more time quickly.
MR. McALPIN: If I may, Gary McAlpin, coastal zone
management.
Madam Chair, we have two sources ofFEMA money. The first
source would be Tropical Storm Fay. We have that money in hand.
We would have to execute a beach renourishment project first. We
don't receive it up front. What we do, we get reimbursed for it after we
spend the funds.
CHAIRMAN FIALA: Okay. So we have that money?
MR. McALPIN: So that money, we have to spend.
CHAIRMAN FIALA: How much is that?
MR. McALPIN: That money we were talking about is -- there's a
possibility we can -- we have money that we have already spent from
Tropical Storm Gabrielle, Hurricane Wilma, and Hurricane Katrina.
We are negotiating with FEMA at this point in time for those
additional funding based on work we have completed. We don't know
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October 27,2009
if we're going to be successful in getting that. That's the $10 million
that the county manager spoke about. We should know if we're going
to get those funds in April/May of this year.
MR. OCHS: 2010.
MR. McALPIN: 2010.
CHAIRMAN FIALA: Okay, fine. So I have a motion on the
floor and a second to not grant this money at this time but wait until
after the FEMA money is received, whether it be April or Mayor
whenever, okay?
COMMISSIONER HALAS: And then we can make a
determination when we get the money, and they come back with the--
what's happening with heads in the bed. Then we can go ahead and
issue additional funding to carry them through the rest of the season,
the rest of the summer.
CHAIRMAN FIALA: Motion is on the floor and second.
Any further?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Opposed? Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: That's a 3-2 vote.
COMMISSIONER HENNING: Madam Chair, I make a motion
that we approve number eight.
COMMISSIONER COLETTA: Any conditions to it; just as is?
COMMISSIONER HENNING: What conditions?
COMMISSIONER COLETTA: No, I'm just asking you.
COMMISSIONER HENNING: Yeah, no.
COMMISSIONER COLETTA: Okay, fine. Second.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
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October 27,2009
second to approve item number eight as it stands. Yes, County Man- --
would you like to vote with us?
MR. OCHS: No, ma'am. I just want one clarification, if! might,
to Commissioner Henning's motion. Prior discussion on the funding
was limited to one year. This -- as this reads, it's two years'
commitment.
COMMISSIONER COLETTA: No, one year.
COMMISSIONER HENNING: One year.
MR. OCHS: Thank you.
COMMISSIONER COYLE: Okay.
COMMISSIONER HENNING: No, thank you.
CHAIRMAN FIALA: Thank you.
COMMISSIONER COLETTA: Second agrees.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second. I have -- I don't know which of you was first, Commissioner
Halas or --
COMMISSIONER HALAS: I'll just -- that was one of the
questions I had.
CHAIRMAN FIALA: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Yeah, that was the same issue I had
is, one year versus two.
CHAIRMAN FIALA: Okay. Motion on the floor and a second.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: 4-1 vote. Thank you.
(Applause.)
COMMISSIONER HENNING: Motion to approve number nine.
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October 27,2009
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: I have a motion on the floor and a second
to approve number nine, which is recommend to not increase the
tourist development tax rate at this time given the current economic
receSSIOn.
Any discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Okay. So that's a 4-1 vote.
COMMISSIONER HENNING: We already did number ten,
didn't we?
CHAIRMAN FIALA: Yes, we did that one already.
MR. WERT: Yeah, we did. We did that earlier.
COMMISSIONER HENNING: Can we talk about something
else?
CHAIRMAN FIALA: I think we're done with this subject; is that
correct?
MR. KLA TZKOW: Ma'am?
COMMISSIONER HENNING: Can we talk about zoos?
MR. KLA TZKOW: Ma'am?
MR. WERT: Thank you so much, Commissioners, for your
confidence in our industry.
MR. KLATZKOW: Ma'am?
CHAIRMAN FIALA: No, we did that. We did--
MR. KLATZKOW: Ma'am?
MS. FILSON: Commissioner Fiala?
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October 27, 2009
CHAIRMAN FIALA: Yes.
MR. KLATZKOW: You have one outstanding issue. You wanted
me to look at the ordinance with respect to collecting on the dot com
Issue.
CHAIRMAN FIALA: Oh, yeah, yeah, yeah, okay.
MR. KLATZKOW: All right. At the end of the day, this is a tax
collection issue, okay, because the whole lawsuit is about unpaid
taxes. Your ordinance delegates to the tax collector the responsibility
on collecting these types of taxes. The tax collector gets 3 percent of
the tourist development revenues to do this function. My
understanding is he generally runs a surplus.
I'd have to get involved with him to see whether or not he thinks
this is a good idea as a use of these revenues, and then I can get back
to you.
So you could either vote now and elect to use county funds for
this, or direct me to go to the tax collector and discuss the issue with
him.
CHAIRMAN FIALA: And then, what, bring it back at another
meeting?
MR. KLA TZKOW: I'd have to bring it back, yeah.
COMMISSIONER COYLE: I like the latter alternative.
COMMISSIONER HENNING: Me, too.
CHAIRMAN FIALA: Bring it back at another meeting?
COMMISSIONER COYLE: Yeah.
COMMISSIONER HENNING: Yeah.
COMMISSIONER COLETTA: Yep.
CHAIRMAN FIALA: Okay. Other commissioners? Looks like
everybody's in agreement with you, Commissioner Coyle. Thank you.
MR. OCHS: Madam Chair?
CHAIRMAN FIALA: Yes, sir.
MR. OCHS: I'm sorry to belabor this. This is for the county
attorney. Jeff, do we need an emergency ordinance if we have to come
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back at the next meeting because of advertising requirements, or can
we come at a later meeting?
MR. KLATZKOW: If the Naples Daily News can get it timely
published, and they should, I won't; but if they don't, it will have to
come back on an emergency ordinance.
MR. OCHS: Okay. Thank you.
CHAIRMAN FIALA: Okay.
MR. KLATZKOW: We've been having problems with the paper.
CHAIRMAN FIALA: Don't say it out loud.
MR. KLATZKOW: Well, it's true.
Item #10B
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS REVIEW AND APPROVE THE FISCAL
YEAR 2010 STRATEGIC PLAN FOR NAPLES, MARCO
ISLAND, EVERGLADES CONVENTION & VISITORS BUREAU
(CVB) AND APPROVE ALL NECESSARY BUDGET
AMENDMENTS - MOTION TO APPROVE - WITHDRAWN;
MOTION TO APPROVE AFTER THE REVIEW OF THE 2010
TOURISM BUDGET W/TODA Y'S REVISIONS - APPROVED
MR. WERT: Madam Chair, I haven't left only because we do--
the next item on the agenda happens to be the strategic plan, basically
COMMISSIONER HENNING: Motion to approve.
MR. WERT: -- you've helped us fund, and that's how this plan is
written. If you'd like, we do have a presentation for it. Ifnot, we're
ready to run with this.
CHAIRMAN FIALA: I already have a motion to approve from
Commissioner Henning --
COMMISSIONER COLETTA: Second.
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October 27,2009
CHAIRMAN FIALA: -- a second from Commissioner Coletta.
Any -- and, oh, Commissioner Coyle again.
COMMISSIONER COYLE: Wait a minute. Wait a minute. You
don't even know what's in here.
CHAIRMAN FIALA: Oh, I do.
COMMISSIONER COYLE: Well, okay. Then I'm going to ask
you some questions.
MR. WERT: All right, sir.
COMMISSIONER COYLE: Are all of the things that we
approved prior to this point included in your FYI 0 budget?
MR. WERT: The $23.1 million that's in the budget, we had
planned for, and the 1.1 is planned for right here. In addition to that
would be that million dollars. The 3.2 is this plan.
COMMISSIONER COYLE: Wait a minute. Item number three
on -- under agenda Item lOA, you asked for two years at $500,000.
That's a million dollars over two years.
MR. WERT: Yes, sir.
COMMISSIONER COYLE: Have you included that money in
your FY 1 0 budget already?
MR. WERT: No, sir, no.
COMMISSIONER COYLE: Okay. Then the answer to my first
question was no, okay.
Now in -- for item number six or seven, have those costs
associated with consolidating -- costs and/or savings associated with
consolidating the publications and creating a new position called
information center coordinator, are those costs included in your FYIO
budget?
MR. WERT: No, sir.
COMMISSIONER COYLE: Okay. Now, number eight, you
asked for $500,000 for two years, and you were given $500,000 for
one year. Is that amount in your FYI 0 budget?
MR. WERT: No, sir.
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October 27,2009
COMMISSIONER COYLE: Okay. And similarly for item
number ten, is the $750,000 from the emergency tourism advertising
fund supplemented by the 350,000 in excess unobligated fund balance
from FY2009 included in your FY20 1 0 budget?
MR. WERT: It is now, yes, based on your -- based on your
approval today, yes.
COMMISSIONER COYLE: Okay. The document that is in here
contains that information that we just approved earlier today?
MR. WERT: That's what this plan does, yes.
COMMISSIONER COYLE: Okay.
MR. WERT: That's how we would spend $3.2 million.
COMMISSIONER COYLE: So with the exception of certain
things here, your FY budget assumed that we were going to approve
everything that you presented before?
MR. WERT: Actually, all I committed to was the 2.1, which was
in our budget. You gave us the additional money today. This is just --
this was for planning purposes.
COMMISSIONER COYLE: Okay.
MR. WERT: You're approving that now.
COMMISSIONER COYLE: But -- okay.
MR. WERT: And I would not have implemented anything more
than 2.1 million had you not approved the 750- and the 350-, 2.- --
COMMISSIONER COYLE: But there is a budget here.
MR. WERT: There is a proposed plan, yes.
COMMISSIONER COYLE: With a budget?
MR. WERT: Yes, sir.
COMMISSIONER COYLE: And that will become your FYI0
budget if we approve it now.
MR. WERT: Yes, sir, that's correct.
COMMISSIONER COYLE: Okay. So what I'm trying to find out
is, have you -- well, no. We know the answer. You have not included
in this everything that we just approved?
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October 27,2009
MR. WERT: That is correct, sir.
COMMISSIONER COYLE: So that means that if we approve
this budget, you've got to come back to us with another budget that
includes the things that we just approved in this meeting, and then
we've got to approve that budget. Now, why would we do that? Why
wouldn't we say to the staff, incorporate our proposed changes --
COMMISSIONER HALAS: Come back to us.
COMMISSIONER COYLE: -- in item number lOA into your
budget and come back and let us approve the real budget, rather than a
budget that doesn't reflect what we just approved? Doesn't that makes
sense?
MR. WERT: I believe what we're asking for in this agenda item
is for you to approve the plan for the $3.2 million, which would
replicate what we did this year. And the additional million dollars that
you just recommended that we're still going to have to go through a
public hearing for, we have a plan to spend that, but we would amend
that plan to use to implement some of these other things as well. We
would include that, in other words, in that million dollars.
So if you approve a $4.2 million plan, we still have to amend a
few of our plans, and we'll bring that back to you, but at least you've
allocated the dollars for us to do that.
COMMISSIONER COYLE: But it's not in this -- not all those
dollars are in this plan?
MR. WERT: What's in here is the marketing, advertising, and
production dollars, yes. That's what's in here. We would amend that
again to -- if you decide we're going to do that information
coordinator, or whatever it is, we will include those costs in that
million dollars.
COMMISSIONER COYLE: We're talking in circles. You just
told me earlier that you did not include some of the items in lOA in
your budget, okay? And we went through it very specifically. So it's
not in the budget, but you're asking us to approve the budget anyway,
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October 27, 2009
even though the money isn't in the budget, and you're going to put it in
the budget later and then somehow come back and get another
approval from us. I don't follow that logic.
And so what I would like to do is to put off the approval of the
budget until such time as we have all ofthe approvals that we have
made at this meeting today incorporated properly in your new budget,
and then I think we should approve it.
MR. WERT: As a point of clarification, really all I need today,
Commissioner, the $2.1 million is our base budget. With the
authorization today, I can at least begin to place advertising in the fall
of the year when we need it. We'll come back to you with how we
spend that additional million dollars that we just -- that you just
recommended. We have -- certainly still have to have the public
hearings on that because it's an ordinance change. We'll come back to
you with that. It's the base budget, Commissioner, that I really need
approval on today.
COMMISSIONER COYLE: Okay. Well, you see what I've got is
a budget that totals up to $4,120,204, not 2.1. So I don't know where
the 2.1 is in here. But I see a total number that exceeds whatever it is
we approved today, and I'm not willing to approve a budget that hasn't
incorporated the changes that we voted on in open session today.
MR. ISACKSON: Commissioner, the -- for the record, Mark
Isackson with the budget office. I think what Mr. Wert's trying to say
is his advertising program is $3.2 million; 2.1 of that is already
budgeted in his Fund 184, and then you have this additional allocation
that you've acted on in the previous agenda item, which gave him
some latitude in 184 to give some additional dollars applied toward
the advertising program.
COMMISSIONER COYLE: Well, I've got a line item here that
says, media total is 3.595 million, okay. Now, what's the difference
between 3.595 million and 2.1 million?
MR. WERT: Do all of you have this?
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October 27,2009
COMMISSIONER COYLE: Yeah, it's in the -- in the packet.
MR. WERT: And is it the color version that we gave you?
COMMISSIONER COYLE: No, we don't have the color version.
We only have black and white.
You know, we could make this a lot easier if we just -- we could
make this a lot easier if we just say, bring us back your final budget
based upon our decisions earlier today.
MR. WERT: Okay. We can do that.
CHAIRMAN FIALA: Or we could just ask him to -- we could
just work to approve the first 2.1 that we know is there anyway and to
bring back the rest of the budget so he could at least start to advertise
on the 1 st of November. That's what he wants to do.
MR. OCHS : We can bring it back at the next meeting, Madam
Chair.
COMMISSIONER COYLE: Yeah, he's got an approved budget
already. He's got an approved budget. He can start advertising. He
doesn't -- there's no reason he cannot start advertising immediately.
MR. OCHS: We'll bring it back at the next meeting.
MR. WERT: We'll bring it back.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah, the -- we're not approving
a budget. We're approving a plan, advertising plan, so let's kind of get
that right.
Is this a statutory or ordinance requirement that we approve the
strategic plan?
MR. KLA TZKOW: No, I don't believe so.
MR. WERT: It is not.
MR. OCHS: It's neither.
COMMISSIONER HENNING: It's not?
MR. WERT: No. We take it to the TDC. We also, as a courtesy,
bring it to the County Commission to see the plan. But truly, this is --
Commissioner Coletta is -- excuse me. Commissioner Coyle is
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October 27,2009
absolutely correct.
COMMISSIONER HENNING: Well, no, no.
MR. WERT: Our budget is approved, so we do have the dollars
to spend.
COMMISSIONER HENNING: Right.
Commissioner Fiala is the only one I know here that has any
knowledge about promotion of tourism. The TDC, the Tourist
Development Council, has all the knowledge of what we need for
what needs to take place. Why are we doing this? I mean, we've
wasted a lot of time even doing this if -- unless it is a statutory or
unlawful item, then let the experts do it.
But -- I'm going to pull --I'm going to remove my motion,
because we do have a motion and a second to approve.
CHAIRMAN FIALA: Okay. Commissioner Coyle?
COMMISSIONER COYLE: This is clearly entitled, 2010 media
recommendation with 2009 budget with incremental $1.0 million.
COMMISSIONER HENNING: Well, wait a minute. You have--
you had in your in-box the strategic plan for advertising.
COMMISSIONER COYLE: Yes, yes, yes.
COMMISSIONER HENNING: Okay. That's what he's asking to
approve.
COMMISSIONER COYLE: If you want to eliminate from
consideration this budget with the budget figures on it and say, let's
approve the strategic plan, I'm willing to do that, okay? I'm merely
saying to you that we've made a lot of changes to the requested funds
earlier today. Those changes have not been incorporated into this
proposed budget.
So if you approve this proposed budget, you're approving
something which is, in fact, erogenous, and I think our responsibility
is to make sure that the budget that is presented to us is complete and
accurate, end of story. You want to separate the figures, the budget,
from the plan, I'm happy to approve the plan. I think the plan is
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October 27,2009
logical.
COMMISSIONER HENNING: I'm ready to move on to the two
o'clock time certain.
CHAIRMAN FIALA: So, folks, let's give Jack some direction
here.
COMMISSIONER COYLE: Okay. I will make a motion to
approve the advertising plan, the strategic plan, subject to the
completion of the budget associated with it that will be reviewed by
the board at a later date when Jack has a chance to update it.
COMMISSIONER COLETTA: Second.
COMMISSIONER HALAS: I'll second that, okay.
CHAIRMAN FIALA: Okay. I have a second from Commissioner
Coletta.
Jack, you can live with that, right?
MR. WERT: Yes, sir -- yes, ma'am.
CHAIRMAN FIALA: And you can move forward now, right?
MR. WERT: Yes, ma'am.
CHAIRMAN FIALA: It's hard to tell if it's a sir or a ma'am, you
know.
MR. WERT: No, it's not. I'm addressing all of you.
CHAIRMAN FIALA: Any further discussion?
(No response.)
CHAIRMAN FIALA: Everybody understand the motion?
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Good. That's a 5-0. Thank you.
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October 27, 2009
MR. WERT: Thank you.
CHAIRMAN FIALA: Now we'll move on to our two clock time
certain.
Item #I2A
RECOMMENDATION THAT THE BOARD ADOPTS THE
A TT ACHED STANDARD FORM LEASE AND GROUND LEASE
FOR ALL FUTURE LEASESWITH NOT-FOR-PROFIT
ENTITIES, AND TO DIRECT STAFF TO REVIEW EACH OF
THE COUNTY'S NOT-FOR-PROFIT LEASES AND, WHERE
APPROPRIATE, OFFER THE LESSEES THE OPPORTUNITY TO
CONVERT THEIR CURRENT LEASE TO THE STANDARD
FORM, SUBJECT TO BOARD APPROVAL - APPROVED
MR. OCHS: Yes, ma'am, and that is Item 12A. That is a
recommendation that the board adopts the catch -- standard form lease
and ground lease for all future leases with not-for-profit entities and to
direct staff to review each of the county's not-for-profit leases and,
where appropriate, offer the leases -- excuse me -- lessees the
opportunity to convert their current lease to the standard form subject
to board approval.
CHAIRMAN FIALA: And can you tell me how many speakers
we have on this subject?
MS. FILSON: Eighteen.
CHAIRMAN FIALA: Eighteen speakers at three minutes apiece,
and from here on in, we cut off any more -- are you -- put it in quickly
because now we're going to stop.
Okay. That's nineteen speakers for this particular subject.
MR. KLATZKOW: Well, I think your speakers might be for
12B, which is the zoo issue, more so than 12A.
MS. FILSON: I'm sorry. It is 100 (sic), I'm sorry.
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October 27,2009
MR. OCHS: 12B.
MS. FILSON: I mean 12B.
CHAIRMAN FIALA: Okay. So this -- for 12A. Okay, very
good. Standardization of lease agreements. And we have no speakers
on 12A. All are on 12B.
MS. FILSON: Correct.
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. Commissioner Henning has made a
motion to approve item number 12A, the standardization of leases, and
Commissioner Coyle has seconded that motion.
Commissioner Halas?
COMMISSIONER HALAS: I have some concerns in regards to
this, and let me be very clear about this. And this is in regards to the
zoo. Let's get down in the real nitty gritty.
The City of Naples came before us and said that they wanted the
county to buy the zoo and that they were going to raise all sorts of
money to help offset the expense of this. And the bottom line was,
they used all that money to promote the taxpayers to buy this zoo, and
everybody went along with it. I think we just paid off the debt on this
thing.
And now -- then we, in turn, said that you're going to have to
come up with about $250,000 revenue a year, and that we took the
money and we were going to put this towards the greenway
construction.
My concern is, when we bought the property, it was taken off of
the tax roles, so we lost ad valorem taxes; and now we've got some
money here to address the greenway, but it's not going to be sufficient
to complete this thing unless, of course, we find other revenue sources.
And I'm concerned that we're looking at probably ad valorem taxes or
whatever.
I -- it gives me heartburn to think that we have an unlimited
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amount of cash and that we're going to just push this out the door
without getting any real benefit from this. And I have some real
problems with this.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. That's, of course, not the
topic we're talking about here, and I would like to reply to that, but I'll
reserve my comments until we get to 12B, which is specifically about
the zoo.
COMMISSIONER HALAS: This is the -- basically the summary
discusses the Naples Zoo lease, and this is where this is leading us to
where we're looking at maybe $30 or $1 a year or whatever it comes
up with the -- and --
COMMISSIONER COYLE: Well, Madam Chair, how would
you like to proceed with that?
CHAIRMAN FIALA: I would like to finish 12A, please, because
we already have a motion and a second on that, and then we will
discuss 12B.
COMMISSIONER COYLE: Okay. Then I will save my
comments until 12B then.
CHAIRMAN FIALA: Okay. Very -- I'm sorry. Sue?
MS. FILSON: I didn't say anything.
CHAIRMAN FIALA: Oh, okay. Commissioner Coyle, you are
finished, right?
COMMISSIONER COYLE: Yes, I'm finished. I mean, I'd like to
make a comment under 12B related to what Commissioner Halas said.
CHAIRMAN FIALA: Right, okay.
Commissioner Coletta, you're still on 12A?
COMMISSIONER COLETTA: May I go on 12A?
CHAIRMAN FIALA: Yes, you may, yes. That's a mother may I,
right?
COMMISSIONER COLETTA: Yeah. Question, this particular
lease that we see before us, is it -- we still have the option on a
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case-by-case basis to say no?
MR. KLATZKOW: Yes, sir.
COMMISSIONER COLETTA: Do we have the option to be able
to put additional terms in this lease?
MR. KLATZKOW: Yes, sir.
COMMISSIONER COLETTA: Including payments?
MR. KLATZKOW: Yes, sir.
COMMISSIONER COLETTA: So this is nothing more than a
boilerplate lease that we build on to be able to go forward on?
MR. KLATZKOW: The direction was to standardize the leases. I
came up with a standard lease. There's always board prerogative to
make adjustments.
COMMISSIONER COLETTA: Okay. Now, leases that are
already existing out there, example, the Fairgrounds or David C.
Lawrence out there in Immokalee, do they immediately fall back on
their existing lease, or do they go into a new lease?
MR. KLA TZKOW: They have their existing lease. If they wish
to go to this lease, staffwill review the issue with them, and if it's
advantageous to both them and us, we could do that with board
. .
permISSIon.
COMMISSIONER COLETTA: Okay, thank you.
CHAIRMAN FIALA: Okay. No other comments?
(No response.)
CHAIRMAN FIALA: We have a motion on the floor and a
second to approve. The motion was made by Commissioner Henning
and seconded by Commissioner Coyle.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
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October 27,2009
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: 5-0.
Item #12B
REPORT TO THE BOARD WITH RESPECT TO THE NAPLES
ZOO LEASE, WITH DISCUSSION ON WHETHER THE BOARD
WISHES TO REDUCE OR ELIMINATE THE RENT - MOTION
TO APPROVE THE NEW LEASE FORMAT FOR THE ZOO AND
HAVE THE COUTNY ATTORNEY TO CONTACT THE NAPLES
ZOO REGARDING THE NEW LEASE - APPROVED
MR. OCHS: Ma'am, that takes you to Item 12B, and that is the
report to the board with respect to the Naples Zoo lease with a
discussion on whether the board wishes to reduce or eliminate the rent.
CHAIRMAN FIALA: Now, this is where we have 18 speakers,
right?
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: Okay. First, shall we have staff present?
And then we'll hear from our speakers.
MR. OCHS: This is Mr. Klatzkow's item, ma'am.
CHAIRMAN FIALA: Oh, okay. I'm sorry.
MR. KLA TZKOW: I'm sorry.
CHAIRMAN FIALA: Let them finish because -- Sue, either turn
the microphone off or --
MR. KLATZKOW: 12B is really, no pun intended, the
800-pound gorilla in this discussion with the standard leases; that's the
Naples Zoo.
I was -- you know, it's always curious when you go back on
history because I was surprised by what I found. When the board
voted to purchase the zoo, you deferred the decision on the lease, and
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it was the board direction that the lease would be negotiated between
the board and the Tetzlaffs and then come back, you know, for
approval.
That didn't happen. What happened was we simply took the
existing lease that was created simply to help with the transaction.
And so now you have a lease with the rent, and the rent is variable. It's
approximately $250,000 per year. And the question is, do you want to
maintain that lease, which is appropriate, do you want to change that
lease, which is also appropriate, and it's board discretion.
CHAIRMAN FIALA: Okay. Now, Commissioner Coyle, I have
18 speakers. Did you want to say something before they begin?
COMMISSIONER COYLE: No. I would prefer to listen to the
speakers first.
CHAIRMAN FIALA: Okay, very good.
Then Sue, would you please call our speakers.
MS. FILSON: First speaker is Ruth Nicholls. She'll be followed
by David Tetzlaff.
MS. NICHOLLS: Thank you, Madam Chairman.
I appear today before you to support a Naples treasure, the
Naples Zoo. I ask you to vote yes to revise the agreement to reflect the
zoo's not-for-profit status. I make my living writing commercial
insurance for local businesses, and if they do well, I do well. Your
vote yes today will strengthen the Naples Zoo's business. It will do
well.
As a volunteer for the Naples Zoo, I can report to you that this is
a local business that operates with integrity and with open arms to the
local community. They're good business partners.
Publicly the zoo demonstrates that partnership with the
community in many ways. Free Saturdays and Boo at the Zoo are just
two examples that are recent. Behind the scenes they are good
business partners, too.
I'll share this as an example. Like every other not-for-profit, the
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zoo solicits sponsorships for their annual fundraiser. These sponsors
receive all the usual benefits of sponsorship, advisement, tickets, et
cetera.
On top of that, the zoo hosts a special reception for their sponsors
to get to know each other prior to the event. This extra touch shows
the commitment the Naples Zoo has for local businesses to prosper. I
could go on and on, but that's -- I just can't say enough about these
people.
So I ask you to please vote yes today, and thank you.
MS. FILSON: The next speaker is David Tetzlaff. He'll be
followed by Jenny Shackleton.
Jenny, do you want to come up?
MR. OCHS: You can use both podiums, ladies and gentlemen, so
we can keep moving this forward. Thank you.
MR. TETZLAFF: David Tetzlaff, Naples Zoo. Good afternoon,
Madam Chair, Commissioners.
It's just about five-and-a-halfyears ago I came before you-all and
basically asked a question, do we want to save our zoo? And I guess
it's been a good five-and-a-halfyears because you have your job and
so do I.
We are the only accredited zoo that pays such an exorbitant fee
to operate. And as history reflects, we basically had the Fleischmann
lease turn into what it is now. Not a lot of changes were enacted. And
the last four years -- and it is off the tax roll now, but in the last
four-and-a-half -- just about four years, we have paid 988,000, which
will help pay our way for our share of the greenway project, which
will help our parking lot and build the new road.
In your wisdom you asked the voters what they thought about
saving the zoo, because that was our question; 73 percent of the voters
say yes. So I think that shows that they care about us and, in turn, we
care about them.
And I'll just take a couple seconds to kind of reiterate some of
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our benefits. Since we became a nonprofit five years ago, we put $1.1
million of improvements into the zoo. Using the TDC's own economic
impact calculator, Naples Zoo brings between 25- and $27 million a
year to our economy here in Collier.
Our budget is about $4 million a year now, and we employ 50
people. Spend $1.4 million doing that.
We provide $59,000 in free zoo tickets, and those are basically
given to other nonprofits in order that they can help their missions as
well. Our free Saturdays, we've had -- we just have two left this year,
and we expect that we will offer that free Saturday in '09 to 36,000
people here in our county, which is a value of $620,000 to our
community.
We ask that you consider the reduction of our lease payment. We
are the only accredited zoo in the United States out of about 220
accredited zoos that has this type of lease payment. Most zoos do pay
about I to $10 a year to operate.
So with your consideration, we can keep that roughly $240,000 a
year and that will go directly into zoo improvements. Thank you for
your time.
MS. FILSON: The next speaker is Jenny Shackleton. She'll be
followed Ray Carroll. Ray, do you want to come up?
MR. OCHS: Madam Chair, if! could make one clarification from
the -- Mr. Tetzlaff. Did I understand him to say that the money that
they've already paid in rent that they're earmarking for capital
improvements to meet obligations under the contract?
CHAIRMAN FIALA: I didn't hear that. I heard that the money
they've paid was going toward the greenway.
MR. OCHS: Okay, thank you.
CHAIRMAN FIALA: Is that correct?
MR. TETZLAFF: (Nods head.)
CHAIRMAN FIALA: Okay. Jenny?
MS. SHACKELTON: My name is Jenny Shackelton, and I am
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13 years old. I am an eighth-grade student at Oak Ridge Middle
School and a member of the National Junior Honors Society.
I have chosen to read this to you to make sure that I don't forget
any important points that I wanted to make.
The Naples Zoo means the world to me, along with a lot of other
people. The zoo is the only place in Naples that people can go to see a
wide range of animals along with the knowledge that is given by the
staff of these creatures -- of these creatures, yeah.
The Caribbean Gardens are also very beautiful and home to
many native birds. The zoo allows families to spend time together
exploring the benefits of the educational facility.
The employees are all very knowledgeable and willing to stop
and answer any questions that you might have about any of the
animals.
The zoo has a lot of new exhibits like the lions, the fusa, and the
bears, and I would be able to see a lot more with the continuation of
the funding.
The bears were the most recent addition, and they needed a
plethora of help to bring it to the zoo. The zoo probably couldn't have
done it if they weren't getting the funding.
The day the bears were released to be seen by the public, my
whole family went along. A lot of my friends and teachers went that
day to the zoo for the new display. The lion cub exhibit was also
recently added. It is amazing watching the cubs react to their new
environment and to each other. It is also exciting to watch them grow
up.
Anytime I haven't been there in a while, it is a shock to see how
much they have grown. It is fun to see young children run up and see
their reaction and faces when they see these young lions.
This year the zoo may get giraffes, which would be new animals
never before at the Naples Zoo, and I am so excited. It would offer the
chance to learn more about those animals, and I have heard that we
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may actually be able to feed them.
I love going to the zoo to see all of the animals. I started my love
of photography at the zoo with my dad, and now we compete to see
who has the -- who can get the best photo.
The zoo offers many opportunities for Collier County residents,
and I love going to the zoo on the free Saturday with my friends. It is
also fun to be able to go on the member early-entry days to see
animals first thing in the morning. Without the funding, the zoo may
lose too much money, and there (sic) may not be able to make as
many new exhibits.
I bet a lot of you have kids and/or grandkids and have brought
them to the zoo at least once. We all enjoy seeing and learning about
all of these animals in the local close-up environment.
CHAIRMAN FIALA: Thank you.
(Applause.)
MS. FILSON: The next speaker is Ray Carroll. He'll be followed
by Geva Salerno.
MR. CARROLL: Good afternoon. And let me begin by saying,
it's always instructive to attend a County Commissioners' meeting, and
I appreciate that you are there doing what you do for all the rest of us.
I'm Ray Carroll. I'm speaking to you today in the capacity as
president-elect of the zoo board and proud to be.
You probably all remember the history as well as I do. What you
might not be aware of is how much has been done in the short time
that we've been a nonprofit. Becoming a nonprofit has made it
possible for the zoo to enter avenues it never dreamed of. And we will
gladly adopt the new lease format. And I would implore you to
seriously consider voting yes on this item because we think we can,
with relief from this rent, do more things with the zoo for the public
than we could do otherwise.
I think our record in the last five years clearly shows that we're
committed to that and that we took very, very seriously the public's
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trust when it voted to tax itself to get where we are today. It's exciting
to be a zoo board member. Many of the zoo board members are here
today.
Dynamic things are happening. Weare investing in public
property and will continue to do so in making the whole community
proud.
Please vote yes on this item.
MS. FILSON: The next speaker is Geva Salerno. She'll be
followed by Jeff Noble.
MS. SALERNO: Hi. My name is Geva Salerno and I'm the chief
program officer at the Conservancy of Southwest Florida. I'm here to
support our neighbors, the zoo, in their request for relief in their
present situation.
$250,000 is really a large chunk out of your operating income,
and if you could offer them relief in this manner, it would help them to
put that money towards their operating budget and into programs.
And they are a strong neighbor. We would like them to continue
to be a strong neighbor. And by being able to invest further in their
programs and exhibits will really help them to continue in the future.
I think that it's a -- they are a huge benefit to the county in terms
of tourism and also in terms of supporting the quality of life. Everyone
knows the zoo and everyone loves the zoo in this county, and to help
invest in the zoo in this manner would really pay dividends down the
road to the county.
We would like to continue to see the Tetzlaffs operate this zoo
and to be successful. They are the best people to operate this zoo, and
their knowledge and their passion for their work is evident in
everything they do.
So as their neighbor, we wholeheartedly support their request. So
please vote yes.
MS. FILSON: Jeff Noble?
MR. NOBLE: I'll waive my time.
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October 27, 2009
MS. FILSON: He'll be followed by Janet Cole.
MS. COLE: I'm going to waive my time.
MS. FILSON: Suzanne Dorr.
MS. DORR: I waive my time.
MS. FILSON: Ted Hudgins.
MR. HUDGINS: I'll waive as well.
MS. FILSON: Eric Thorn?
MR. THOM: I'll waive my time.
MS. FILSON: Dave P-H-A-F-F (SIC)?
CHAIRMAN FIALA: Dave Phaff.
MR. PHAFF: Waive.
MS. FILSON: Phaff?
CHAIRMAN FIALA: Yep.
MS. FILSON: Susan Earl?
MS. EARL: I'll waive my time.
CHAIRMAN FIALA: Thank you, all.
MS. FILSON: Tom Bulloch, Bullock?
UNIDENTIFIED SPEAKER: He had to leave.
MS. FILSON: Douglas Rickenbad?
MR. RICKENBAD: I waive my time.
MS. FILSON: Nancy Jane Tetzlaff?
MS. TETZLAFF: I waive my time unless there's any questions
about history.
MS. FILSON: Paula Bidlers (sic) -- Brothers?
MS. BROTHER: Brothers, and I waive my time.
MS. FILSON: Linda Ottendad (sic)?
MS. OTTEN AD: Ottenad. I'll waive my time.
MS. FILSON: Bruce Anderson.
MR. ANDERSON: (Waves hand.)
MS. FILSON: That's your final speaker, ma'am.
CHAIRMAN FIALA: Great. Thank you, everyone.
COMMISSIONER COYLE: Those were great presentations.
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CHAIRMAN FIALA: Great presentations.
And now, Commissioners -- Commissioner Coyle, you've--
you're first.
COMMISSIONER COYLE: Yeah. I just wanted to address some
of the concerns that Commissioner Halas had, and I don't want to get
the zoo in the middle of a disagreement between board members and
the City of Naples. But, in fact, the City of Naples has contributed
substantially to the zoo.
We have to remember that although the City of Naples represents
6 percent of the population of the entire county, they pay 20 percent of
the entire property tax load of Collier County.
So on a per-capita basis, they pay a lot of -- a lot in taxes that
don't really go back to the city. That money is spent outside the city
for the most part.
And so in the case of the zoo, the city's share ofthat was roughly
$8 million to purchase that property. So the city did invest, and the
city residents paid a lot of property taxes to help accomplish the
acquisition of the zoo.
The other thing that is striking is that all of the other nonprofit
organizations that are building substantial capital improvements on
their leased property have long-term leases of at least 30 years, some
up to 50 years. The zoo only has ten years, and they've put a
tremendous amount of money into a piece of property on which they
have a very short-term lease.
And we understand that they want to serve the community and
are serving the community quite well, and the payback to the
community is substantial.
I think David Tetzlaff said that the free Saturdays each month are
worth about 630-, $40,000 a year to the people of Naples, and that's a
significant contribution to our community. And I think we all would
like to see them continue to improve the zoo, bring in more exhibits,
do a better and better job, because that's why we wanted to save the
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zoo. We didn't want to save the zoo because we wanted to make
money off of it. We wanted to save the zoo because we wanted the
zoo to provide a valuable service to the citizens of Collier County.
So I think there are a lot of good reasons to treat the zoo more
fairly than we have in the past, and I would like to make a motion that
we approve the new lease format and direct the county attorney to
coordinate with the zoo and determine if the zoo would like to take
advantage of the new lease format, and if so, consummate the lease
and bring it back for our approval.
CHAIRMAN FIALA: Second. Okay, thank you.
Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. And I want you to know
that I think the Naples Zoo is one of the greatest things going. And I
mean, as far as extending their lease, if they want a 30-year lease, let's
give it to them.
Now, I do have some real problems with the money issue. I
mean, at first when I heard about it, I figured, what damage could it
do? No one ever told me until I started researching it that these funds
were being applied to the greenway, which is very important, not only
to Naples, but to all of Collier County, funds that are not going to be
able to be replaced from anyplace else.
So if we're going to be dipping into that pot, we're going to be at
a tremendous disadvantage. I can see it now, you know, we're going to
take this, allot it to the zoo, and then we're going to have to come in at
a future point in a couple years and start digging deeper into the ad
valorem to try to make up the difference for this money that we're
gIvmg up.
They were a profit organization. They turned nonprofit, and I
think that's very commendable. Principals are still getting paid. I
would hope they would. I mean, it's a business deal, and it should be
able to continue.
One of the things I'd like to know is their profit-and-Ioss
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statement. Is it true that they have a tremendous amount of money on
the books over and above what they have for outstanding debts,
something like $800,000? Is that true? Can anybody tell me that?
MR. OCHS: I don't have the P&O in front of me, sir.
COMMISSIONER COLETTA: Nobody wants to volunteer that
information.
MR. SOREY: Here.
COMMISSIONER COLETTA: Oh, thanks, John. Then I've got a
couple other things, too, that I just have to get behind me because I
can see this being an impediment when we're coming in -- for the rest
-- or the next five years or so, with a drain on the rest ofthe county's
budget trying to make up for the greenway money that's not there.
MR. SOREY: As a couple of myths, considerations, Mr. Coletta.
The money that's been paid in at this point in time has been set aside
for our fair share, the zoo's fair share, for the entrance road and
reworking in the parking lot.
So per se, this -- these resources have not gone to the Gordon
River Greenway other than for a parking place and entrance to the
Gordon River Greenway. The Gordon River Greenway funding is an
entirely different situation, so that's number one item.
Number two, our budget for next year, we are projecting -- and
David, you may need to help me -- as I recall, 27,000 we just
approved the budget -- but approximately a breakeven.
We currently are going forward with a number of projects. And
our approach just from the zoo's approach, just from a soundness of
our financial fiduciary responsibility, we have a season like everybody
else in Naples, and during that season, we have an operating surplus.
The board has just approved to take that operating surplus and
use that to do a number of things. One, to put on a -- the city sewer
system. Right now the zoo's on a septic tank. That can't be good for
our environment.
So to answer your question explicitly, at the end of the year, we
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will have approximately $100,000 of excess which we have -- the
board in their wisdom had set aside for a catastrophe fund if we have a
hurricane.
So there is no $800,000. We are using the resources in our
anticipation -- and I met with all of you. You've seen the master plan.
Our anticipation is, we'll use this $200-some thousand for capital
improvements as we go forward. That's the intent unless we have a
hurricane or something of that sort.
COMMISSIONER COLETTA: Okay. But the zoo is generating
capital as it goes forward. They are covering their costs. They actually
have money in reserves. That 800,000 money is fictitious. It doesn't
exist; is that correct?
MR. SOREY: That is correct.
COMMISSIONER COLETTA: Okay. I appreciate you
straightening that out.
MR. SOREY: At the end of this year, my anticipation is we'll
have 100,000 catastrophe reserve, and basically we'll be even other
than that.
COMMISSIONER COLETTA: Let's talk about the public
benefit, and there's a lot of public benefit, no doubt about it.
MR. SOREY: Major public benefit--
COMMISSIONER COLETTA: Please, Mr. Sorey, let me finish
my statement and then --
COMMISSIONER HENNING: I didn't know he was a speaker.
COMMISSIONER COLETTA: I didn't know he was either, but
that's okay. He's a person of great knowledge.
Mr. Sorey, help me with this a little bit now. At this point in time
we get a tremendous benefit in the fact, one, the zoo's there; number
two, it does offer us a free day once a month, and I can't remember
what it is, some Sat- -- one Saturday.
MR. SOREY: First Saturday, sir.
COMMISSIONER COLETTA: If this is going to be a public
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entity now and it's a nonprofit, is there any possibility, if we're going
to do this and give something up that the public was expecting money
to come back from -- that was the original agreement we put together
with the voters when they voted for this, and that money could be used
to finance the greenway. I've got no problem spending the money in
that area. But if we're not going to do that, is there some possibility we
might be able to get more amenities for our citizens without having to
pay?
MR. SOREY: We are committed to use these resources for
additional exhibits, the capital plan, which you and I have met on. We
-- our intent is to move forward, and our strategic plan is to make this
a significant zoo.
So unless we have a hurricane or we have a major recession or
something of that, our intent and our commitment to the
commissioners is, these resources will go to capital expenditures as we
go forward.
COMMISSIONER COLETTA: And 1-- and I'm really having
some problems with this because of our budget constraints and
everything else. Everything is working out fine for the zoo. They're
doing very well on their own with what -- the money they're
generating, holding everything together.
We have other needs out there, and even though it says only the
greenway you're going to do the driveway and all that, that money
could be used to start financing the rest of it. We're not going to see
any money coming down for a long time of any sufficient amount.
City of Naples doesn't have money to be able to put into it either.
So at least this is some way to be able to keep those dreams going
forward. Spend it where it is. But I'm very reluctant to upset this apple
cart at this time under the present circumstances.
MR. SOREY: Understand your concern. Thank you.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN FIALA: Commissioner Henning?
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COMMISSIONER HENNING: Commissioner Coyle, is it -- are
you going to include in your motion to bring back a lease including
the one month (sic) free for Collier County residents?
COMMISSIONER COYLE: Yes. Yeah, that would be my intent.
COMMISSIONER HENNING: Legal residents.
COMMISSIONER COYLE: Yeah -- yeah, legal residents. Yes,
and I don't think the Tetzlaffs have any intention of changing that
anyway.
COMMISSIONER HENNING: That wasn't in the guidance.
COMMISSIONER COYLE: Yeah.
COMMISSIONER HENNING: So knowing that these funds
were used for the things like the greenway, what are you going to
propose to replace that money?
COMMISSIONER COYLE: Well, first of all, it's not being used
for the greenway.
COMMISSIONER HENNING: Set aside for it.
COMMISSIONER COYLE: It hasn't really been set aside for the
greenway. It's been set aside for the entranceway to the canoe and
parking lot, which is Collier County's responsibility. And it isn't one
of our projects. Not only that, but I have talked with people who are
involved in the fundraising for the greenway, and they have convinced
me that they will have contributions to pay for every bridge that has
been planned for the greenway crossing the Gordon River with the
exception of the one that is subject to negotiation with the City of
Naples. That one hasn't been resolved because the location hasn't
really been determined yet.
So there are people who are raising money to do this now. What
we do with the greenway project depends entirely upon what our
parks and recreational people want to do, and I'm not sure we've got a
complete plan for that yet. We know where the paths go, we know
where the bridges are supposed to be, we know we're going to have
some canoes up near the zoo, but we don't -- I don't think the -- well,
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I'm sure the lease never anticipated that the zoo was going to pay for
the greenway. That was never part of the plan.
So I'm not convinced that the greenway is in danger with respect
to this thing. There are all sorts of priorities we can establish to make
sure that we get done whatever we want to get done.
COMMISSIONER HENNING: Well, you know, the only thing
is, it's like the million dollars to the City of Naples, and we heard the
councilman coming up here not ponying up to that. We took a million
dollars from parks and rec., and now it's going to the City of Naples.
City of Naples has not come up with any more money.
And we're talking about, you know, taking more and more away
from our long-range parks and rec. plan. That's what I feel that's going
to happen with this.
COMMISSIONER COYLE: Well, remember that we didn't give
the City of Naples a million dollars. All we did was we consolidated
all of the fees that we pay to the City of Naples, like the payments for
the cleaning up the beach, the payments for parking, and that sort of
thing, and then we added a small incremental amount that might have
been $250,000 extra.
Councilman Sorey, can you verify that?
So it wasn't that we gave them one million dollars.
COMMISSIONER HENNING: That $250,000 pretty much
represents the lease of the Naples Zoo.
COMMISSIONER COYLE: Yes, but we're not talking about the
City of Naples.
COMMISSIONER HENNING: I am.
COMMISSIONER COYLE: We're talking about the zoo. Well,
you see that's the problem.
COMMISSIONER HENNING: I am, because, you know, we
keep on whittling away from parks and recs.' budget, and it's just -- it's
just not right, giving it to the City of Naples. And now that -- there's
going to be a continued commitment for the greenway and the access
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and so on and so forth. And I know where you're going to go with that.
There's going to be some more money from parks and rec., and I guess
I have to share some of the concerns of my colleagues.
COMMISSIONER COYLE: Well, I don't think the concerns are
founded, well-founded. I think that the Productivity Committee has
already stated that the costs for community parks that are included in
the update -- the impact fee update are greatly inflated and that there
probably will be no need for more community parks along the coastal
corridor.
I think that our parks and recreation department has substantial
facilities to serve the people of Collier County. Our population has
declined. There's no indication that we're going to be growing rapidly
anytime soon. There is no need for substantial parks and recreational
capital projects in the next several years.
COMMISSIONER HENNING: But that's a different funding
source. That's not impact fees. That's not ad valorem dollars.
COMMISSIONER COYLE: We don't have to allocate ad
valorem dollars to the greenway. We have chances for grants and lots
of other sources of funds.
COMMISSIONER HENNING: Okay.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yeah. I guess I'm confused, because
our information here is that the money that's been collected so far is
for the Gordon greenway project, park project 80065. Park capital
project center, 116360.
I'm looking down the road, and as we lose more funding and turn
this over to other people, my concern is the ad valorem taxes in
regards to -- well, let's get -- hit it right in the head here. We're going
to be discussing that.
But I believe we have a debt service of about $600 million. And
impact fees are presently not coming in like everybody anticipated
because of the economic situation.
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So the end as a result is, to payoff these bonds, if we don't have
the money, the revenue, then it comes out of ad valorem taxes.
And as we whittle away at this, it's going to make it more
difficult to get to balancing the budget to the point where there's going
to be some facilities or some services that are no longer going to be
available to the public unless they want to step up to the plate and pay
higher taxes, and I don't think any of us are -- want to go in that
manner.
When I look at the funding here and -- then I look at what they
are charging, $19.95. Ifwe come up with a proposal where they have
to pay less of the -- the allotted money, then I think that the zoo ought
to come up with something that -- instead of paying $20 for an adult,
maybe it should be $10 per adult, and for a child, maybe $5. That
makes up the differences, because there's got to be a benefit here for
the citizens other than we're -- other than we are pushing money out
the door here and trying to figure out how we're going to balance the
budget come in June.
I've got a real problem because I don't see where there's going to
be an offset for the revenue sources here.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. If we're going to balance the
budget on the backs of nonprofits, why don't we charge a quarter a
million, maybe a half million dollars to the county fairgrounds or
maybe the Children's Museum. They're going to be paying a fee --
they're going to be charging a fee. Why don't we charge them a
quarter-million dollars a year --
COMMISSIONER HALAS: I think we should.
COMMISSIONER COYLE: -- and the Senior Friendship Center
in Golden Gate?
The point here is one of fairness. And if you're going to single
out one nonprofit lessee, then why not treat everybody the same?
That's what we're trying to do here is to be consistent in the way that
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we treat people.
We're not looking for a cash cow. We're looking for an
exceptional zoo that serves the people of Collier County and has
constantly improving exhibits, and that's what they want the capital to
do.
So when we talk about benefit, you have to keep in mind the
benefit of a well-maintained exceptional zoo. So I just think it's the
wrong thing to do to look to this as a cash cow.
They have contributed a fair amount of money for their portion
of what is going to be done with respect to the Gordon River
Greenway.
So I think that it's highly discriminatory just to select this one
organization and say, we're going to make them pay more money.
And can -- David, did you want to say something?
MR. TETZLAFF: Please, sir. If! could correct that, because I
have staff sitting behind me. Staff has been very proactive in helping
the zoo in its success.
And to clarify, the money we -- that we've paid to the county in
the last four years is that 988-. Staff has set that aside in the event that
we could not pay it when it's due, because when we build the road that
will come in off Fleischmann Boulevard, it tees north to the county
kayak launch, tees south of what's going to become a shared parking
lot. It's a 50/50 cost share between the county and the zoo.
At such time when the project does happen, if the zoo did not
have that money, then staff would use that money that we've had in
escrow, perhaps you could call it, and then at such time we could pay
it back.
My concern right now is that it seems that we're being punished
for our success. Yes, the zoo has had a great year. Yes, we did have a
surplus of$358,000. Our board that is sitting here voted; we spend
258- on improvements that go directly into the zoo. So it's not like
we're using that money for everything else. Every dollar we keep goes
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into improving the zoo and nothing else. We're not a family business
anymore. I'm not going to buy a house in Key West and yacht over
this. It's going directly to help the zoo, make a better zoo for the
community, because no one politicked that hard five years ago.
And it wasn't just to save my job. If Collier County didn't have a
zoo, we'd be the largest metropolitan area in the United States that did
not have an accredited zoo, and that would be a shame for this
community .
And as far as if we were giving that -- keeping that money to
change what we charge to our customers, that -- the numbers just
aren't there. The math doesn't add up. And plus, we're the only zoo
that has a free Saturday. A lot of zoos -- the almighty Bronx Zoo
buries their free Saturday on a weekday afternoon for two hours. We
give the best free Saturday option there is.
Yes, we're normally 19.95, but we also give a 50 percent
discount to the residents of Collier County. So now we have about
5,000 memberships representing 21,000 individuals that benefit from
this discount.
So we have a 50 percent discount and 12 free days a month (sic).
I don't know how much blood you can get out of our stone because
keeping that money is only going to help the zoo. It goes to nothing
else but helping the zoo. Thank you.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. Boy, I tell you, this is far
from comfortable, I'll be honest with you. There's circumstances --
we're trying to make comparisons with other entities out there that
were in place, that built their own infrastructure, have been standing
alone ever since they did it. If they had come in and -- under the same
circumstances, there probably would have been a fee assigned to
them.
The thing was is that when we brought this before the voters, you
were a profit organization, for profit. We charge you same amount of
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rent you have ever paid before, and that was part of the whole package
that we put before the voters, and they approved. So it's not even five
commissioners that are making the decision. It's the thousands and
thousands of voters that made a decision, and that was one of the
elements of it.
So the only thing that's changed is you changed from private
ownership to nonprofit. Other than that, there really hasn't been any
changes. Meanwhile, you seem to have enough funds to be able to
operate. I'm recognizing the needs of the greenway that's at your front
door and going up and down the road. I'm not saying take that money
and put it out in my district. I'm saying, spend it right there to get
another amenity in place as we go forward.
You really haven't made the case that this is an absolute necessity
for us to do it. And no one's been able to explain to me where this
money for the greenway is. I'm told again, which I've heard many
times before, there's always some entity out there that's going to come
up with donations to pay for this or pay for that, and it never happens.
We're always sitting here with the whole bill in our hands and
going forward. Everybody's looking at us like we're -- what was
wrong with us.
Yes, you've got something to offer?
MS. RAMSEY: Well, I hope so. My is Marla Ramsey. I'm the
public services administrator. I'm just going to answer the question
regarding the funding for construction as it relates to the Gordon River
Greenway, which we are about -- we're not quite 30 percent at yet. We
haven't signed off on the 30 percent plan. Once we sign off on the 30
percent plan, I can't make changes to it.
So we're right now in CDES, and we're doing some review of
those, and they are requesting changes of us. So once we have those
all done, you'll see a 30 percent plan will start to solidify.
Our funding as we have it laid out right now is coming from three
different sources: Florida Community Trust on the reimbursement of
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the land; we got a grant there. Conservation Collier has a piece of this
Gordon River Greenway; and we're also looking at South Florida
Water Management to help us with some flowway improvement
dollars.
The price tag that I have -- and, of course, it changes, depending
on what, you know, the recession dollars are looking like here -- was
15 million at one time. I've got about 8 million from the Florida
Community Trust to do the county's side of the park.
As David explained to you, the lease agreement has a 50/50 cost
share on the improvements that benefit the zoo in that lease. Overflow
parking area, for example, that's not in the lease agreement. It's
county-owned land. It will hold about 270 cars. There's a 50/50 share
on that.
COMMISSIONER COLETTA: Yeah, but Marla, your
organization, how far are they in arrears regarding impact fees?
MS. RAMSEY: Parks and recreation is probably one of the few
that's not -- that hasn't dipped into the ad valorem side in order to
make their debt service. We're going to -- we're going to make it this
year. We're probably not going to make it next year.
COMMISSIONER COLETTA: So in other words, you have
enough funds left to be able to get through this year, but next year you
definitely don't. In order to be able to cover your debt of impact fees
that we're supposed to be getting impact fees to pay for, you've got to
go into ad valorem for it.
So as far as incurring any more debt, even if it's labor or
whatever, is not something that would be highly recommended by any
good business.
MS. RAMSEY: The way that we were looking at the rent was to
try and use that for the operating costs as it comes -- as the zoo came
-- as the greenway came online. There are going to be staffing needs.
There's going to be, you know, emptying the garbage, cleaning the
restroom facilities, maintaining the boardwalks, et cetera. We were
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kind of eyeballing that fund as being the funding that we would use --
COMMISSIONER COLETTA: The funds from that to take care
of your actual labor costs.
MS. RAMSEY: Yeah, to do the operating element of it on an
annual basis. Of course, the reason we've allocated it into a fund is I
didn't want it to get lost in ad valorem. I could have tossed it into the
park budget at any time and just used it as an ad valorem subsidy. I
didn't do that. I put it into a project number so that I could secure it for
the greenway and then use it for the future. But, you know, if we don't
have it, then we'll have to look at how that funding will go. We're still
a couple years out before that greenway's going to be ready.
COMMISSIONER COLETTA: But once again, we're in debt up
to our eyeballs. We have real issues out there. We don't have a
funding source to be able to cover the labor, then where's it going to
come from, you know, libraries, parks -- other parks out there in other
parts of the county? Won't happen. You have to have a funding
source, you know.
And I think this is a wonderful funding source, and it's an
amenity right in front of the zoo. And I'd hate to -- I don't want to lose
either one, and I don't think there's any reason to.
CHAIRMAN FIALA: Did you want to say something, Leo?
MR. OCHS: No, ma'am, only, again, to Commissioner Coletta's
point, the greenway is considered in the country system as a regional
park, and those operating expenses come from your ad valorem fund.
Community parks come from your unincorporated area 111 fund.
Because this is a regional attraction and it's categorized as a regional
park, those operating funds come from your ad valorem general fund.
CHAIRMAN FIALA: Thank you for clearing that up.
I know I'm just supposed to preside, but I just want to jump in
here. And you're next, Commissioner Henning. I'm sorry. I just felt I
needed to weigh in on this a little bit if you don't mind, and that is, you
know, it's all about fairness, too.
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And fairness, in my viewpoint -- my viewpoint is that all of the
other attractions in town that are -- that are for our community that are
on public land, on county-owned land where they pay $1 or $10, and
they offer things to the community -- maybe they don't ever offer as
much as the zoo, but they also offer, and it just makes me
uncomfortable to charge the zoo $250,000 a year and not charge the
other ones. It just does not seem fair. I'm sorry.
And so I really have to -- I seconded Commissioner Coyle's
motion because I feel it's the fair and right thing to do.
Commissioner Henning?
COMMISSIONER HENNING: Yeah. And I guess I -- the
perception is that I wasn't in favor of it. I am in favor of the lease. It is,
like you said, Commissioner Fiala, the fairness issue.
My only concern is, with some of these other things coming up
such as the greenway, I just -- I guess I just publicly want to say that,
you know, we've given enough to the City of Naples and they always
come with their hand out and, you know, we've just got to take care of
our own.
And so those are the things I'll be fighting for is -- I know
Commissioner Coletta has ball fields that he needs in his district, and I
think that's very important.
So if moneys that was going from this lease into the greenway or
whatever, then -- they're not there, then we're just going -- not going to
be in favor of taking it from Commissioner Coletta or anybody else.
But again, you said it very articulately. It's the right thing to do in
this lease, so I'm supporting the motion.
CHAIRMAN FIALA: Thank you.
Commissioner Halas?
COMMISSIONER HALAS: Yeah, just to touch base on
nonprofits. I think that, depending upon what the nonprofits represent,
if you have people my age that are involved in card gyms or whatever
else and they go to a community center, I think there should be a
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minimum amount that they're charged, maybe $5 a year or $3 a year
for the rental of that facilities. Girl Scouts, Boy Scouts, they all fall
under that category.
There's talk about the Children's Museum. If the Children's
Museum is going to be a nonprofit and they're going to charge a large
price, then I think that there should be -- that it should be fair to the
Children's Museum along with the zoo that there's a charge that's
incurred, and it's going to be a lot more that $3 or $5 because it's a
nonprofit, but yet they're using our land.
And I think that maybe if we've made an agreement with the
Children's Museum, that we have to look at that also.
I'm very concerned -- and it's not for a cash cow. I'm very
concerned in these economic times how we're going to make sure that
we address all the issues that everyone that lives in this county --
because everyone has got their own ox that they don't want gored, and
so we have to figure out the best way. And so it's only being fair to
everyone in regards to what goes on now.
The fairgrounds came up for discussion. So maybe there's
something in there that we need to look at. I don't think it's going to be
250,000, but it might be, you know, $5,000 or whatever.
But I think we have to look at each and every one of these
nonprofits and find out what they have to offer to the public. And if
they're a short-term -- like the fair's only there for two weeks,
obviously you're not going to charge them 250,000 when you've got
someone like the Children's Museum or the zoo that wants to use
public property, and we're trying to figure out ways that we can make
ends meet also. And I sure as heck don't want to keep shoveling
money out the door.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I really don't want to snatch
defeat from the jaws of victory here by continuing to debate this any
longer.
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CHAIRMAN FIALA: Good. Okay then. I have a motion on the
floor and a second.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: It's a 3-2 vote.
MS. FILSON: Who was the two?
CHAIRMAN FIALA: Commissioner Halas and Commissioner
Coletta.
Okay, folks. We're going to take a break.
MR. OCHS: Ten minutes?
CHAIRMAN FIALA: Yes.
MR. OCHS: Then we'll come back for our three o'clock time
certain. Thank you.
(A brief recess was had.)
CHAIRMAN FIALA: Would everyone please take their seats.
Item #IOD
RECOMMENDATION AND CONSIDERATION TO (1) GRANT
THE SOLID WASTE MANAGEMENT DEPARTMENT THE
AUTHORITY TO PURSUE AN AMENDMENT TO ORDIANCE
05-46 TO REZONE BEMBRIDGE PUD TRACT "A" FROM
RESIDENTIAL PUD TO COMMUNITY FACILITY PUD TO BE
PROCESSED BY CDES ON AN EXPEDITED OR FAST TRACK
BASIS; AND, (2) CONTINGENT UPON THE REZONE
APPROVAL, APPROVE A TRANSFER OF 5.11 ACRES,
BEMBRIDGE PUD TRACT "A", FROM THE COLLIER COUNTY
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October 27,2009
EMERGENCY MEDICAL MANAGEMENT DEPARTMENT FOR
THE RELOCATION OF THE NAPLES RECYCLING CENTER,
AT A COST NOT TO EXCEED $450,000; AND, (3) APPROVE A
BUDGET AMENDMENT TO TRANSFER FUNDS IN THE
AMOUNT OF $419,734 FROM THE COLLIER COUTNY SOLID
WASTE MANAGEMENT FUND (474), SOLID WASTE CAPITAL
PROJECTS, PROJECT #70013, SANTA BARBARA RECYCLING
CENTER TO THE EMS FUND 350 - MOTION TO DENY -
APPROVED
MR. OCHS: Madam Chairman, we have a three o'clock time
certain that we're running behind on, so if we could move to that.
That's item IOD on your agenda. It's a recommendation and
consideration to, number one, grant the solid waste department the
authority to pursue an amendment to ordinance 05-46 to rezone
Bembridge PUD Tract A from residential PUD to community facility
PUD to be processed by CDES on an expedited or fast-track basis;
and number two, contingent upon the rezone approval, approve a
transfer of 5.11 acres to Bembridge PUD Tract A from the Collier
County Emergency Medical Services Department to the Solid Waste
Management Department for the relocation of the Naples Recycling
Center at a cost not to exceed $450,000; and number three, to approve
a budget amendment to transfer funds in the amount of$419,734 from
the Collier County Solid Waste Management Fund, solid waste capital
projects for the Santa Barbara Recycling Center to the EMS Fund 350.
Mr. Dan Rodriguez, your solid waste director, if you can see him,
will present.
COMMISSIONER HALAS: You can take the sign down and put
it down in front there?
COMMISSIONER HENNING: Just hold on to it so we can see
it.
CHAIRMAN FIALA: And Dan, may I just interrupt for just a
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second before you begin and ask Sue, how many speakers do we
have?
MS. FILSON: Fifteen.
CHAIRMAN FIALA: Fifteen speakers. So anybody who wants
to speak on this subject, please hand in your speaker slip now, because
after this time we will not accept any more speaker slips. Thank you.
MR. RODRIGUEZ: Good afternoon, Commissioners. For the
record, Dan Rodriguez, your Solid Waste Management Department
director.
Madam Chair, thank you for the opportunity to recommend and
consider the relocation of the Naples Recycling Center to the property
owned by the county government on Santa Barbara Boulevard known
as the Bembridge PUD.
I would also like to thank the citizens of the local communities
near Bembridge for their opportunity for them to come and give their
opinions, but also for their hospitality in allowing me to come to some
of their communities to speak.
Commissioners, staff is recommending that you grant the Solid
Waste Management Department the authority to pursue an amendment
to the Bembridge PUD tract, returning it to its original designation as
public use facility.
Contingent upon the rezone approval, approve a transfer of the
property to the Solid Waste Management Department from the
Emergency Medical Services, and approve the necessary budget
amendments.
Commissioners, as in all of our projects and programs, the Solid
Waste Management Department staff keep within our mission and
board-approved guiding principles to provide best value, responsive,
compliant, essential solid waste services that protect our environment,
preserve valuable landfill airspace, and plan for the future disposal
needs of the community.
On December 5th of 2006, the Board of County Commissioners
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approved the integrated Solid Waste Management strategy that
provides clear direction to preserve landfill airspace and protect our
natural environment.
The integrated Solid Waste Management strategy is divided into
four integral parts. Those components include source reduction
materials, reuse and recycling, diversion, optimize existing assets and
resources, and obtaining additional facilities.
Within those components are over 32 options outlined by the
board to reduce, recycle, and divert materials from our landfill and to
collect household hazardous waste, protecting our environment not
only for this generation but for generations in the future.
Commissioners, this chart represents the solid waste demand for
disposal in our community. Here in Collier County the citizens,
visitors, and businesses produce over 750,000 tons of waste annually.
The truly good news is that based on board direction and approval of
your strategy, over 71 percent is diverted through recycling, reuse, or
disposal outside of Collier County.
Great recycling programs like your yellow-top recycling
initiative as well as operating recycling centers contribute greatly to
preserving valuable landfill airspace; however, Commissioners, we are
still burying over 29 percent or 215,000 tons of our waste in the
county landfill, the majority of which comes from businesses. We can
still do much more by providing the needed infrastructure to recycle
and divert more.
Commissioners, this is the proposed Solid Waste Management
AUIR you will be reviewing in November which reflects the
remaining disposal capacity of your Collier County Landfill. Thanks
to your direction and approval of the solid waste initiatives, we now
have over 28 years of disposal capacity at the Collier County Landfill.
You commissioners have come a long way in ten years -- from
ten years ago when we had less than five years of disposal capacity.
Recycling works and it works well in Collier County, due in large part
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October 27,2009
to your support, adoption, and funding of your integrated Solid Waste
Management strategy. Most importantly, we make it convenient for all
residents to participate.
Commissioners, we have great potential to continue to increase
the amount of recyclables that we collect and divert from our landfill.
This chart here shows you an example of the recycling centers we
currently have in service. The green triangles represent at our landfill
transfer site and other recycling centers where we currently collect
those materials.
The red triangles are potential sites that reflect areas that would
benefit from a recycling center nearby.
The current site is inadequate for current and future recycling and
household hazardous waste disposal needed for many reasons.
Unsuitable site for construction and improvements. We did not have
the utility infrastructure to build new facilities there.
It is on leased property, which is not best value to the community
or the taxpayers. The site does not provide the facilities to properly
process larger volumes of recyclables, saving landfill airspace, and
offsetting costs to run our operations.
Commissioners, this is a partial overview of the west side of our
current site. As you can see, it's a city of Ted's Sheds and dirt roads. It
is situated on an old landfill that was built back in the 1940s.
Before we can make any improvements, we must first gain the
needed permits to make those improvements. As part of that process,
we would have to get a Site Development Plan. Prior to all that, we
would need to reclaim 15 to 20 acres of the property to develop.
Again, this is not a best-value arrangement. That is on leased property.
Here's another aerial view which shows the east side of the
property. Reclaiming an old landfill is risky business, especially when
that landfill was filled during a 50-year period when environmental
protection was not a priority.
The next several slides reflect the current conditions at our
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recycling center there at the Naples Recycling Center next to the
airport. These conditions are not sufficient and can be improved by
relocation of this facility.
This picture reflects sink holes that pop up occasionally at the
site. Because it is an old landfill, it continues to settle.
As shown in the next picture, during the rainy season -- which we
had a long rainy season -- there's several areas that do not have proper
drainage. Investing several hundreds of thousands of dollars for proper
drainage would require reclamation of the landfill site, a development
plan and permits as well.
As you can see in the background are Ted's Sheds which we use
for storage of our recyclable materials and household hazardous
waste. With a new facility, we can properly store materials and
package them for shipment for recycling or reuse.
This is an example of our current baler for cardboard. With a new
facility, we could bale much more cardboard and recyclables. More
importantly, we could bale many more types ofrecyclables with an
automated baler, reducing the number of staff needed to work this
operation. Those individuals could be used to provide more collection
points throughout the county and bring those recyclables to the center.
The proposed new site location is shown here, which we're all
familiar with. The site is ideal in that it's centrally located to several
communities. Our primary customers are residents. Weare looking to
collect and receive materials that can and should be recycled and
properly disposed. This facility is not required to have a commercial
or light-industry zoning.
We only take in household hazardous waste. That's primarily
what you have in your garage or your kitchen. We do not serve large
industry. They're already required by the proper disposal contractors
to have on staff as part of their pollution control ordinance.
We best serve the many residents who have leftover paint, oil,
herbicides, pesticides, and many recyclables like plastic, metals, and
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woods.
The site is surrounded by commercial properties that sell
household hazardous waste, whether it be Publix or the auto parts
store on Radio Road, or the 7-Eleven gas station right on the corner of
Davis. There are thousands of visitors buying materials every day that,
once used or unused, may be brought to the recycling center for proper
disposal.
The benefits of relocating the Naples Recycling Center: We
eliminate the lease that we're paying to the City of Naples. We pay
them roughly $44,000 a year. The Naples Recycling is located on an
old landfill, as I mentioned earlier. The liability with that is
tremendous.
The current leased property is not available for sale. We've
checked into that. And any capital investment in the Naples Recycling
Center would incur a noncounty-owned property.
Commissioners, this is just a conceptual plan of the recycling
center we're proposing. It would need to be approved by many
different agencies. But well in advance of the process of the PUD, we
went out to the public to get information from them on their concerns
and issues that they may have.
The day that this facility is opened, we'll immediately begin
saving airspace at your landfill and protect our environment from
illegal dumping. This facility and operations would be mirrored
towards the Marco Island's facility, but slightly larger.
Our proposal is to build a facility that would operate similar to
Marco Island that is aesthetically please but operationally functional.
We plan to automate our operations with the appropriate bailers,
containers, to reduce double handing and processing. Our facilities
have no off-site odors. Traffic would be controlled and limited to
egress and access at our own entrance. Weare required to meet all
county noise ordinances.
This is an example of the entryway where residents would first
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pull up. This is Marco Island. Well-landscaped, clean facility,
designed for convenience to the customers. There would be separation
of public visitors and county equipment providing a safe environment
to drop off your recyclables and household hazardous wastes.
We are asking to build a clean, well-organized facility that allows
for increased recycling and less staff. On Marco Island, prior to
building a new facility, we had four full-time employees running that
facility. We currently operate the facility with only one individual
through automation of our operations, separation of public visitors,
and contracted resources.
This is an example of used oil collection containers that are
double walled and have a collection point. We have -- also have the
appropriate fire suppression systems.
This is an example of the area of the bay where we collect
batteries. We receive many batteries from our residents.
These are OSHA-approved hazardous -- household hazardous
waste collection for chemicals that are stored in cabinets. Again, these
materials are the materials that you have in your garages, whether it's
a spray can, a spray bottle, oil container.
In addition, we also have the appropriate exhaust filtered system
so that we can collect any vapors on fumes that accumulate. And
again, this entire process or permitting for handling these materials is
approved by FDEP.
Here's an example down on Marco Island how we collect paint.
Very simple containers. We collect five gallon, pints, gallon
containers. Commissioners, these items do not belong in your landfill.
They do not belong in your garbage can. They do not belong in your
canals or in the ditches in Collier County. These materials are actually
collected and recycled and used for a beneficial use.
In addition, we collect florescent light bulbs. They're collected in
a machine that actually captures the mercury, and then that is
processed and sent off to a facility where it's properly disposed and
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not placed in commercial dumpsters or in your waste container.
County staff has worked hard to provide information to the
surrounding communities by providing public information meetings as
well as contacting different homeowner associations.
I have personally responded to 34 inquiries about our conceptual
plan and our plans to move a recycling center to that community.
Additionally, we have developed, with the help of our customer
service public information department, a video on the government
channel that outlines our functions, responsibilities, as well as what we
do at the Marco Island Recycling Center.
We've had two advertised open house meetings inviting members
down to Marco Island to see first hand what exactly that we do at the
recycling center.
This facility, we have state-of-the-art security to ensure safety to
the public as well as to the facility, protecting the county's asset.
We will have the appropriate buffers, fencing, walls, and
landscaping as part of our good neighbor policy.
The Bembridge property is an ideal location to serve our
customers, the residents of Collier County. Solid Waste Management
Department, with board approval, has planned for facility
improvements over the last several years at many of our facilities.
Getting out of leased space where an old landfill is a major liability is
a best-value decision.
A state-of-the-art facility will provide increased recycling,
enhanced protection of our natural resources, and our communities.
Lastly, it will help us to meet the deadline given by the Florida
Department of Environmental Protection to recycle 75 percent of our
waste stream by 2020.
Commissioners, I'd like to leave you with a visual that will help
everyone in our community to understand the magnitude and demand
to recycle more in our community.
Based on our current tonnage coming to the landfill six days a
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week, we could fill the Harmon Turner Building, Building F, in two
weeks all year long.
Commissioners, staff is recommending that you grant the Solid
Waste Management Department authority to pursue an amendment to
the Bembridge PUD tract, returning it to its original designation as
public use facility contingent upon the rezone approval, approve the
transfer of the property to solid waste from EMS and the necessary
budget amendment.
Thank you.
CHAIRMAN FIALA: Thank you, Dan. And now we have 15
speakers.
MS. FILSON: Yes, ma'am.
CHAIRMAN FIALA: Sue, would you like to please call them?
MS. FILSON: Randy Johns. He'll be followed by Dom Festa.
Would you like to come up?
MR. JOHNS: Hello, Commissioners. I'm here to represent the
Dolphin Plaza. We're just south of your facility. And we really feel
that that's an industrial use that you're trying to put in a residential
neighborhood, and we just want to express our opinion on that. We
think there's a better location to use this facility. Thank you.
MS. FILSON: Next speaker is Dom Festa. He'll be followed by
Gerald Silva.
MR. FESTA: Madam Chairperson Fiala, Commissioner Coyle,
Commissioner Halas, Commissioner Coletta, Commissioner Tom
Hennings (sic), I'm very proud to have this opportunity to talk to you.
Normally when you add a facility that benefits the community,
it's well thought out. And I want to applaud the board and Solid Waste
Department for the great plan. So I'm not opposed to what is going to
happen.
Also, I think a consideration that it's going to benefit the
community is very critical. Another one is the effect it has on where
it's going to be located. I think you have to consider that also, the
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impact. This should not be a negative impact on the area where you're
locating these beneficial facilities.
I'm a little nervous, but I'll straighten out yet. Is it three minutes,
time certain, Madam Chairperson? Okay.
As I look at the recycling, it's going to impact, I think, our
property values. I don't think it's in harmony or compatible. I take
pride. I know that Commissioner Fiala has through the years of our
Naples east area, our Naples south area, desirable of living there, and
trying to keep that image improving all the time.
Also, I think it's a safety thing. I'm speaking as a resident
concerned about the area. I'm speaking as a board member of
Countryside, about the community of Countryside. I'm speaking as an
educator. I'm kind of surprised there aren't more parents and children.
I spent 34 years in schools where something could pose a -- maybe a
long-range threat, but I think there is a risk there in the materials that
will be coming to that center.
And I also speak an as exempt fireman. When you have all those
flammable materials in one area -- and Mr. Rodriguez spoke about the
Publix and so forth, they don't have chemists working there. A lot of
our recycling centers hire chemists. I think you realize why they do
that. I don't know if you folks plan on doing it, but there is a danger
when you mix the liquids together.
Now, as far as the name itself, it's a little misleading. You said
Naples Recycling Center, and I go to the site and the real name really
is, Naples Recycling and Household Hazards Waste Collection
Center, and we somehow don't want to use that term. I told Dan about
using it. He has refused to use that term, and that's really the term we
should be using so we don't confuse the people.
Now, also, what -- the wake-up call for me, when I drive up, it
says -- tells me, enter at your own risk. There's a sign there. It also
says, children must stay in the car. It also says that.
CHAIRMAN FIALA: Thank you.
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MR. FESTA: And maybe -- maybe it's a warning for all of us
about driving past this center, stay in the car and drive by your own
risk. I hope not, but I want to thank you and good luck.
MS. FILSON: The next speaker is Gerald Silva. He'll be
followed by Wayne Sherman.
MR. SIL VA: Madam Chair, my name is Jerry Silva. I'm
vice-president of the master board of directors of Countryside Golf
and Country Club. I would like to thank the Board of Commissioners
for the opportunity to address you today to express the concerns and
questions our community has regarding the proposed recycling center.
I would like to read the statement of Marcia Feeney, our board
president, for the record. We applaud your effort to encourage
recycling in Collier County and make these centers more convenient
for citizens. We at Countryside encourage this effort and have made __
have been strong proponents of recycling, evidenced by our recycling
bins lined up and down our streets.
We also want to thank Dan Rodriguez, director of Collier County
Solid Waste Management Department, for conducting a seminar at
Countryside. He did this to explain the purpose and the scope of the
facility and to answer our concerns. Our members listened intently and
asked very probing questions.
There was no empirical data to support Mr. Rodriguez's answers
other than comparing the recycling center to Publix and other
commercial businesses in the area, which is an inaccurate comparison
since the products at these sites are secured in proper containers by the
manufacturers to withstand the rigors of shipping and handling.
Many of us at Countryside are grandparents, and from that
perspective, we question the wisdom of placing a recycling center in
close proximity to a school. The Calusa school is A-plus rated and
would be an inducement to many families to move to our area. We
have a membership committee whose purpose is to encourage recently
retired and/or families to move into Countryside. Our efforts will be
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undermined if you proceed with this project.
We believe these individuals would not see the convenience of a
recycling center, an argument presented by the county, as a selling
point. I think it would be a deterrent. We were assured that it is safe,
yet when you're asked about spills and asphalt that have a long-lasting
effect, we were not given an answer.
We're concerned about the health -- potential health effects and
want to know what the preliminary and other health consequences are
to children ifthere are spills. Has a risk analysis been conducted?
When we asked about a stormwater-holding lake and other
possible contamination, we weren't given a specific answer.
We asked if an environmental impact study has been conducted,
and we were told it would come later.
Another concern, of course, is the impact on traffic. We were
initially told it would only be one road for both the center and the
school. After further consideration, it's apparent the county included
an additional road to the center.
In order to enter the recycling off Santa Barbara traveling south,
you would have to make a U-turn at a major intersection. The volume
of traffic it yet to be determined, and the impact to traffic flow to
Santa Barbara has not been studied.
It was recommended by Commissioner Fiala to visit the site on
Marco. Ms. Feeney did. Had the opportunity to talk with the manager
of said facility. He was very informed and the site was clean, material
contained, and it was aesthetically acceptable.
But there are other considerations. The new center will be four
times the size, will be placed in a community facility PUD, and an EIS
and traffic study have not been conducted.
In conclusion, we're opposed. Thank you.
MS. FILSON: Wayne Sherman. He'll be followed by Robert
Jenkins.
MR. SHERMAN: Dear Madam Chairman, thank you for the
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opportunity to speak to you.
I'm a resident of Collier County, have been for about 15 years,
and before I retired I was a planning engineer and a business planner
for a public utility and also for a large federal government agency. I
also did a stint as a city planner in my hometown back in Oklahoma.
I'm speaking in opposition to the use of the PUD in question for
this county recycling center. I think it's a great idea because recycling
is a great idea, and I use the yellow-top containers frequently, but
you've heard several reasons.
Well, here are a lot more reasons why a recycling center is not
the place for the -- the plant is not the place for the recycling center,
and I'll talk about just one.
It appears to many that the area for this PUD is right in the
middle of a residential area, that the county wants to do something that
will degrade the area in the eyes of the current and future residents and
would likely negatively impact the property values and the county tax
base for that area.
Now, you're talking about -- I don't think anybody, in figuring
the value of the property or the lack of -- or how much little it will
cost -- figured out how much it would degrade -- or possibly degrade
the value of the properties in that area and reduce the county's tax
base.
If the county would come up with a land usage that would at least
be neutral -- and, you know, Countryside has been -- somebody told
the county that no matter what you want to put in there, Countryside
would oppose it. But if the county would come up with a land usage
that would be at least neutral or would enhance the area, there would
be no objection from the people in our area.
How about country -- county making it a public park? Why not
turn it over -- the county owns it. Why not turn it over to the parks and
recreation commission? There's a big shortage of parks and children's
playgrounds in the immediate area, and their property's ideal for that
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purpose.
First, the nearest existing park is a mile away on the other side of
1-75, too far for primary school-age children to walk. Secondly, it's
near Calusa Park School and to the Boys and Girls Club and easily
accessible from both.
It is also quite near an emergency services facility in case of an
accident or injury. I believe the county would get no objection from
the citizens of Countryside or even in this area if this PUD were to be
used as a public park. But a recycling center, no way.
I ask the commissioners to tell the county to make the PUD a
park and playground, not a trash collection center.
CHAIRMAN FIALA: Okay.
MS. FILSON: Next speaker is Robert Jenkins. He'll be followed
by Mona Wright.
MR. JENKINS: I'm a very poor speaker. I have a very poor
voice. And what I decided I would like to do is read to you from my
presentation. Because of my problems with properly speaking here,
I'm going to give each of you a copy of the presentation I'm going to
make.
COMMISSIONER HENNING: Just hand it over to the
gentleman to the right of you. He'll bring it up, or delegate it.
MR. JENKINS: My name is Robert Jenkins. I'm here
representing Falling Waters. Falling Waters is a community of 800
residents. Falling Waters is located southwest of the intersection of
Santa Barbara and Davis.
The Falling Waters residents endorse recycling. In fact, there are
recycling containers throughout the community. The material is
collected weekly by Waste Management.
In our association meetings, there is strong approval of recycling
but strong objection to the proposed recycling and hazardous waste
center.
The site of the proposed center is now zoned residential. The
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proposed site is in a residential area. The center should be in a
commercial or industrial area.
Some specific objections are: There is a school directly east of
the proposed site, and the center would be an attraction for precarious
students.
I personally know of an instance in New Jersey where a young
boy climbed a fence, and then out of curiosity, climbed into a
dumpster. The dumpster contained solvents -- salt rags. The boy was
overcome and was found dead the next morning. This can and did
happen. It happened in the type of facility that you're proposing.
Residential communities -- I'm going to skip down now to -- last
Friday I received an email on the Naples Recycling presentation. Page
18 was a concept plan for the recycling center on Santa Barbara. The
plan shows the center will process the following: Tires, scrap metal,
green trash, construction and demolition trash, scrap paper through __
will be baled, paints, solvents, and chemicals, and other general items.
A center handling and processing these types of items should be
in an industrial or commercial area, not in a residential area.
Thank you for your attention.
MS. FILSON: The next speaker is Mona Wright. She'll be
followed by Bradford Jones.
MS. WRIGHT: Good afternoon, Madam Chairman, fellow
commISSIoners.
I'm a parent of a Calusa Park School student, and I'm asking you
to vote no on rezoning the property adjacent to the school to make
way for a county recycling center to be built.
Although on paper the deal seems to make sense -- the land is
vacant, the county owns it, and there is a need for a new recycling
center -- but you are placing the lives of students that attend the school
and the staff that work there at risk.
Mr. Rodriguez from Waste Management told us that the center
will be clean, well organized -- I think he used the phrase -- state of
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the art. But like all things state of the art, they, too, will become
outdated. In today's world, that may be a few years, or in some cases,
even before the door is open.
At one time the current center off Airport Road was probably
considered clean and well organized as well as state of the art.
He has also told us that the items the center will be receiving can
be found at the 7-Eleven or the auto parts store located down the street
from the school. I disagree. The list of items that the center will accept
contains several classified as hazardous. The cans and containers
which will be coming to the center will be dented, rusted, falling
apart; not factory sealed, brand new, and properly labeled. The oils
will be used and contaminated. We'll be taking the word of the general
public that the item is what they say it is.
If there were a fire or a hazardous waste spill, the only exit from
the school property is the driveway running alongside the center. The
children and the staff would be trapped. Any mismanagement of the
center, an accidental spill, or a case of illegal dumping could have
disastrous results.
Trucks and cars entering and exiting the center off Santa Barbara
will have to contend with upwards of350 cars and ten buses twice
daily while students and staff come and go from the school. There are
times when the cars are backed up in both directions on Santa Barbara
even with the recent expansion of Santa Barbara.
One impatient visitor to the center who wants to exit or enter
could cause a major traffic accident.
My child will attend Calusa Park for only another year and a half
and would most likely no longer be there by the time a center would
be built, but I'm here because, as a resident in Collier County, putting
a recycling center next door to a school is just wrong. There has to be
another site in Collier County more appropriate.
I'm a firm believer in recycling and believe we do need a new
effective center, but a center needs to be placed in an industrial area as
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the current site is, not next to an elementary school.
Please do not endanger the children of the county. Find another
more appropriate site within the county.
We have collected several signatures from people urging you to
vote no. Please vote no for the safety of current and future children
and staff who attend Calusa Park Elementary. Thank you.
(Applause.)
MS. FILSON: Bradford Jones. He'll be followed by Michael
Maloney.
MR. JONES: My name is Bradford Jones. I'm an environmental
engineer, and I live at Countryside.
Madam Chairman, I feel that this site is unsatisfactory for the
following reasons: The proposed Santa Barbara site and recycle (sic)
center is in a floodplain.
A hydraulic profile prepared in 1985 showing that at the
elevation that land is, the IOO-year rainstorm would overtop it, and a
category three, a large category three or four or five hurricane would
also create a problem.
Hurricane flooding would flood up through Crown Pointe
development, across the Davis Avenue (sic) at a culvert, up the east
side of the ditch along Davis Boulevard, and then find the Santa
Barbara new drainage system and basically get the water to the site in
that way.
The Countryside is surrounded by a dyke, and the dyke has been
set at a mean sea level or 11.3 feet above the ocean -- mean level of
the ocean. We feel that anything done in this site, the Bambridge (sic)
site -- or Bembridge site, should have flood protection of at least up to
the elevation or above the elevation of 11.3.
The proposed facility stores bulky white goods, which is the
washing machine and the dishwasher, that type of thing. And if you
saw the picture of what's happening down by the airport, it's a mess.
And since they're loading these various containers from the end rather
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than from the side, there's going to be an overload situation after a
hurricane or during times of peak flow, and there'll be unsightly goods
-- bulk white goods will be availab- -- will be seen from the road.
So for this reason, the fact that there's a lot of truck traffic within
the site, I feel it should be entirely surrounded, not just on the school
side, but entirely surrounded with a wall.
Also there is a hazardous waste potential on this site. Household
waste such as Clorox, Tilex, pool chemicals, and granular sodium
hypochlorite can cause a release of chlorine if it's mixed with acid.
AIls you need to do is take a granular chemical used to chlorinate a
pool, mix it with a chlorinated acid, the granular acid, put the two
together, and you've got a spill of chlorine gas. Chlorine gas mixed
with acid forms a mustard gas used to kill people in World War I.
That's the truth.
Therefore, a -- because of -- a chlorine gas could trigger an
evacuation of the school located only 500 feet away, I proposed the
Santa Barbara site is not a great loc'ation where there is this risk of a
hazardous spill. Thank you.
MS. FILSON: The next speaker is Michael Maloney. He'll be
followed by Mike Bradford (sic).
MR. MALONEY: Good afternoon. Thank you for the
opportunity to speak today. I'm here today to strongly oppose the
change to the PUD at the subject property at Santa Barbara for the
construction of the household hazardous waste recycling center.
Recycling and proper disposal of hazardous waste is an important
and responsible thing to do in this day and age. But to have the storage
and transfer these hazardous wastes 500 feet from an elementary
school and in the middle of a primarily residential area puts those
children and the surrounding residents at serious potential risk to their
health and safety.
My understanding for the relocation of this is, number one,
finances. The county is currently paying around 40,000 a year to the
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City of Naples for the lease of the property at the Enterprise Avenue
location on the north side of the airport. The county already owns the
property at Santa Barbara.
Number two, upgrading the recycling facility with the latest in
containment and safety features for the temporary storage and disposal
of household storage and waste.
Number three, to better serve the community by centralizing the
location for its members serving East Naples, Golden Gate City, and
the Estates area. Some items that would be dropped off at this facility,
as Mr. Rodriguez had pointed out, would be paints, batteries, thinners,
stains, light bulbs, electronics, gasolines, pesticides.
Presently at -- the Enterprise location accepts over 15,000 gallons
of these liquid hazardous wastes at its facility per month.
Excuse me. Mr. Rodriguez briefed some residents as to the levels
of containment. Storage boxes, air filtration system, security measures
that would be in place at the new facility. Many of these items are
required by EP A and federal standards due to the fact that there is
potential risk to the health and safety of the general public.
In my hand here is the 2008 emergency response guidebook, for
which it is used by first responders throughout North America. It
covers potential hazards and what first responders are to do in the
event of a spill or a breach of containment. This includes the
possibility of immediate evacuation and the radius and feet and miles
based on the particular chemical, weather conditions, and time of day.
Many of the chemicals is exactly what would be temporarily stored at
this facility, Unfortunately, many could be mixed.
My biggest concern is the potential for an accident to happen
during the removal of these hazardous wastes. This is when the risks
are at the highest, during human intervention.
Many people do not know the hazards of mixing common
household chemicals and the negative hazardous reactions that can
occur. Just because somebody drops off a five-gallon bucket of paint,
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we don't know that -- what is in that container. They may have put
gasoline, varnishes, pool chlorine, liquid fertilizer, possibly increasing
the volatility and reactivity of these mixed chemical.
In my present profession, I'm required to take a hazardous safety
and first responder refresher course annually. And as a former
firefighter, I have seen first hand the outcome of accidents with
common household wastes, hazardous waste.
CHAIRMAN FIALA: Thank you, Mr. Maloney. The time is up.
MS. FILSON: The next speaker is Michael Bradford (sic). He'll
be followed by Gina Russen.
MR. BRADFIELD: Thank you. Madam Chairman and
Commissioners, I know you've had a long day, so I'll be as expeditious
as possible.
I'm going to echo some of the sentiments that some of my
previous peers and colleagues have had, specifically Mona Wright.
My son also attends Calusa Park Elementary, and I also have two
daughters soon to be Calusa Park students.
My wife and I are both opposed to the location of the proposed
recycling center, although we are in favor of the recycling program,
just not in our school's back yard.
Waste Management insists that the recycling center will be a safe
environment next to an elementary school. Their example is that local
grocery store or auto part stores maintain similar hazardous goods as
the proposed recycling center will accept.
They fail to mention, however, that the shipping, the storage, the
labeling, and the packaging are done in a very controlled environment
in public stores. A recycling center will be a hazardous waste
collection point, which is subject to the storage, the labeling, the
packaging of consumers bringing the waste on site.
I'm talking about residents like myself with gallons of paint, yard
chemicals, pesticides, sitting in my garage that I need to dispose of.
Occasionally one might mix a thing or two together to make this in
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one trip, and obviously the risks associated with that are inherent.
The recycling center is at the mercy of the public honestly
reporting what types of wastes they are depositing. You cannot be
certain that the product is what the consumer says it is, and
consequently this poses an inherent safety risk.
County Waste Management has proclaimed that a recycling
center next to a school is an acceptable risk. As a parent, I do not
believe that the risk is anywhere near acceptable.
Commissioners, please do your due diligence and relocate this
proposed facility to a nonresidential neighborhood. I appreciate and
applaud the work and efforts of Mr. Rodriguez and his staff, but the
center belongs in a nonresidential area. Thank you, Commissioners.
MS. FILSON: The next speaker is Gina Russen. She'll be
followed by Laurie Szittai.
MS. RUSSEN: This is my sign, so I can put it in front of my
face.
My name is Gina Russen. Thank you for hearing us.
The parents in the community surrounding Calusa Park
Elementary simply do not want the newly planned recycling center
adjacent to the school. Traffic and trucks will create a dangerous
liability so close to a school zone.
Current property is zoned residential and has no business being
zoned -- rezoned for this particular project.
Heavy hazardous trucks carrying hazardous waste do not belong
next to a school with only one exit. Traffic during school hours,
especially pick-up and drop-off time, will not allow for a smooth
operation and will cause potentially dangerous situations due to a lack
of proper traffic control.
Large hazardous waste collection trucks will have to complete
U-turns to head into the right direction. How safe and secure are the
trucks when they pull into an improperly planned exit? Accidents
happen. Why risk the safety of the children all to save a few dollars?
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Parents of Calusa Park were not properly informed of the plans
and many are still not aware of the plans. Waste Management and the
county did not contact several communities, and when they did, they
offered incorrect information which led to poor community feedback.
If I personally would not have conducted -- or contacted the media,
even less community awareness would have occurred.
The school boards would not allow us to inform parents, but
those that we have been able to reach are against the recycling center
being built at the entrance to Calusa Park. Petitions have been signed
and delivered from a small portion of those families. Not one person
that we have found is in favor of the plans.
The Titanic was build as a state-of-the-art modern vessel carrying
precious cargo, human lives, unsinkable, perfect in every way until it
sailed into waters as it -- waters it was not meant to sail in. Money was
no object. Did that matter once it sank?
The new recycling center is state of the art, modern, guaranteed
fool proof and not to fail. Sailing next to my prescious cargo, traveling
into roads it is not meant to travel. Trucks and traffic not meant for
that area, hazards waiting to be exposed. Why wonder when and if
something could go wrong? Nobody's perfect, not even the recycling
center.
Ifmoney is your objection (sic), I bow my head in shame and
disbelief. Please reroute the recycling center to a properly zoned area,
not residential, not in front of a school. Thank you.
(Applause.)
MS. FILSON: The next speaker is Laurie Szittai. I'm sure --
Szittai?
MS. SZITTAI: Yes.
MS. FILSON: Szittai. And she'll be followed by Suzie Donnelly.
MS. SZITT AI: Board of Commissioners, I would like to express
my concerns on why you should not rezone the property located in
front of Calusa Park Elementary. My children both attend Calusa
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Park. As a parent, it is my job to protect them until they are grown and
able to make their own decisions.
The decision decided today may have an impact on their future.
Safety is one of my main objectives. I have heard that there will be
proper containment of hazardous waste; however, I cannot be 100
percent guaranteed.
Traffic reports have not been done as to what impact this will
have on the main street, Santa Barbara Boulevard, during school
drop-off and pick-up. There are upwards of 350 cars coming to the
school at these times.
I do not believe proper measures have been used in finding a
location for this center. Surely Collier County has -- owns land zoned
in a light industrial area that is not approaching on a school with 860
students and over 100 faculty members.
Can I, as a resident of Forest Park, who was not properly
informed of this plan, be guaranteed a hurricane will not come down
and damage or destroy this center and hazardous chemicals stored at
the center will not become airborne?
Florida state law and the EP A state that steps should be taken to
eliminate or reduce the risk to student health adjacent or located to a
site.
Please vote no on rezoning and will you be taking the right step
for the children of Collier County. Together we can put the recycling
center in its proper location. Thank you.
MS. FILSON: The next speaker is Suzie Donnelly. She'll be
followed by Robert Ellefsen.
MS. DONNELLY: Thank you, Commissioners, for your time.
I'm Suzie Donnelly, a Calusa Park parent, and this is my son Trace.
I'm a registered nurse.
As parents of Calusa Park, we don't oppose recycling. We oppose
a hazardous waste collection center 100 yards from our elementary
school.
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As part of a responsible community, we have PUDs and zoning
laws for a reason. We have several hundred signatures petitioning
against the spot zoning of an industrial building adjacent to our school.
The current residential zoning exists to protect our students and
residents from potential hazards associated with industry.
Hazardous waste. In spite of the assurances of a state-of-the-art
recycling facility, no one can guarantee how responsible the facility's
patrons will be. These are not sealed containers of household items
from Publix which are inspected and shelved. We cannot be naive to
the fact that people will try to illegally try to dump dangerous
materials in this facility. Abuses will happen.
Unlabeled containers could contain lethal cocktails of mixed
chemicals, pesticides, and poisons. As consumers, we might have one
or two containers of these in our garage, but there will be thousands of
gallons of toxic substances collected and concentrated on a consistent
basis 100 yards from our open-air campus where children walk
outdoors, walk to class, play, and have PE, a facility three times the
size of the Marco Island facility.
According to the World Health Organization, children are not
little adults. Their lungs absorb more than twice the amount of toxins.
It affects their organs quicker and stays in their bodies longer, leading
to cancers, childhood asthma, lead and mercury poisoning.
Pesticides are being linked to childhood leukemia. Mercury, a
neurotoxin, is being linked to autism. What happens to these housed
chemicals in case of flood or hurricane? What becomes airborne?
What happens ifthere's a fire and these chemicals are released in the
air 100 yards from our children? How much mercury will be tracked
into the school? Where are the studies?
We found a study. We posted it on our website. In 2007 the EPA
examined 208 damage cases. They found environmental damage from
these cases, including contamination of air, soil, surface water and
groundwater.
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Fire was one of the contributing factors of toxins being released
in the air in the 2000 (sic) EP A study. In the case of fire, our children
are trapped. It is a fenced area to ensure their safety, not to trap them
from fire.
As parents, we have created this website detailing many more
problems in addition to academic performance as a result of noise
pollution, childhood predators, and we want you to rethink the
location of this facility.
I thank you for your time.
MS. FILSON: The next speaker is Robert Ellefsen. He'll be
followed by Robert Luparello.
MR. ELLEFSEN: Good afternoon. This is a request for a zone
change, and we have heard enough negative things about it, and I
agree with all of them.
Where can we put the place if we don't put it right here right
across the street from Countryside?
The Santa Barbara extension to Rattlesnake is going to be
completed in approximately a year or less. Right from the point that
we're talking about to the new 911 center is only about three or four
miles away. That location has plenty of county property, and there's
no reason why we have to go down to the industrial center and buy
new property just to relocate this place.
Another thought is that the five dot one acres of property that
they speak of there is not completely usable. There's a lot of pipes and
cables and so forth that's in the property or running by the property, so
I don't really think it's large enough to put this location there.
Thank you very much. I guess that's it.
MS. FILSON: The next speaker is Robert Luparello.
(Applause.)
MS. FILSON: He'll be followed by Fred Rogers. And Madam
Chairman, Fred Rogers is your last speaker.
MR. LUP ARELLO: Madam Chairman and Commissioners, my
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name is Bob Luparello. I'm the president of Berkshire Lakes Master
Association. I speak for our entire community of 1,639 families, if not
the majority, but all ofthem.
You've heard many presentations which talked about the
chemical aspects of this site. And I would agree with Mr. Rodriguez's
plan or his strategy that we do need recycling. I think everyone in this
room supports recycling; however, what is of serious concern to us is
the site. Number one, the proximity to the school, which has been
eloquently described by many of the speakers before me.
But I ask you to consider, in light of the current economic
situation and Commissioner Coyle's statement earlier about the
downsizing of the population and, therefore, the tax base -- and to look
at what the residual effect will be on the property values in that
general area.
We're putting an industrial site in the center of a residential area.
Property values are depressed now. People will not look to buy a
property in that particular area. What's the implication on the tax
revenues that will be derived? If property values continue to be
depressed, the assessments go down and the tax base gets reduces.
You know, and I looked at, what's the cost ofthis new facility?
Right? I don't deny that we need recycling, we need a better plan, but
the place where we tend to put it is the wrong place. I urge you to vote
no. Thank you.
CHAIRMAN FIALA: Your final speaker is Fred Rogers.
MR. ROGERS: Good afternoon, Madam Chairman, or
Chairperson, I guess I should say, Commissioners. I appreciate the
opportunity to speak to you today.
I am extremely concerned that this thing has got this far with the
conditions that exist at the proposed site. I think any plan that places a
facility with hazardous in its name within a densely residential area
and in front of an elementary school would inevitably result in a
reduction of property values and degradation of the area.
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We elected to tax ourselves to improve the approaches to our
areas, and this is not going to do our property values any good.
The county continues to dump less pleasant facilities in East
Naples. We seem to be the dumping ground, or I even use an English
word and say plonking ground for all these different things. We have
the landfill, the bus station, the County Barn facility. We've now got
the emergency management government offices, Horseshoe Drive,
and frankly, looking at the pictures that you showed of the existing
hazardous material site, I'm appalled. If we see anything like that in
this site, I think there'll be lawsuits, quite frankly.
There's a large part of the county north of Golden Gate Parkway,
I'm sure you know that. The county needs to share the load of this type
of facility with our northern neighbors. Make us a small park in the
area, the proposed area, would be a good use of the environment. And
I'd have to say proceeding with this action, you're helping to commit
East Naples to the county twilight zone. Thank you.
(Applause.)
CHAIRMAN FIALA: Thank you. That was all of our speakers?
MS. FILSON: Uh-huh.
CHAIRMAN FIALA: And now we have commissioners.
Commissioner Henning, you're the first one.
COMMISSIONER HENNING: I have some questions for Mr.
Rodriguez from his presentation.
It's your understanding this PUD is a -- originally was essential
services? It offered essential services in the PUD.
MR. RODRIGUEZ: For the record, Dan Rodriguez, your Solid
Waste Management Department director.
It's my understanding, Commissioner Henning, that it was a
public use facility originally.
COMMISSIONER HENNING: Okay. What I remember, it was
an orchard, and there was -- right at that site there was a stand,
vegetable stand, and then it was rezoned to a residential PUD -- and I
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have it right here. Project description is a residential project a
maximum of239 dwelling units.
Dependent on market conditions, a nursing home or a church will
be 10,000 square feet and 60 -- 600 seating may be constructed on
Tract B, parens, five acres.
Okay. If you're considering a church an essential service, I agree,
but not a government essential service. If you consider nursing homes
essential service, I agree. I don't know that government needs to
provide that.
So I'm not sure where your information is coming from, but, you
know, going through the rezone on this for the EMS station not too
long ago, we were afforded that information. And maybe we're talking
about a different piece of property, I don't know.
But let me get to my next question. How big is -- acreage is The
Marco Island facility?
MR. RODRIGUEZ: Point eight acres.
COMMISSIONER HENNING: Point -- it's less than one acre?
MR. RODRIGUEZ: That's correct.
COMMISSIONER HENNING: Is it located in C5 zoning?
MR. RODRIGUEZ: No. I believe it's in commercial property.
COMMISSIONER HENNING: Commercial zoning, okay. How
big is the facility at the Naples Airport?
MR. RODRIGUEZ: We utilize roughly four acres.
COMMISSIONER HENNING: Four acres. But you stated in
your presentation, correct me if I'm wrong, that you would have to
reclaim 15 to 20 acres to have the facility there.
MR. RODRIGUEZ: That's correct, Commissioner. As part of a
reclamation project, which we have experienced doing at our own
landfill of 25 acres, you basically have to remove the material in
plenty of distance in order to build the proper foundation for the
facility .
COMMISSIONER HENNING: Are you not reclaiming that
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facility on the Naples Airport? Haven't you had -- done that in the last
three to four years?
MR. RODRIGUEZ: No, that's not our property. That belongs to
the City of Naples, which leases it to the airport authority.
COMMISSIONER HENNING: So we have never paid to reclaim
that old landfill; is that correct?
MR. RODRIGUEZ: Based on my understanding and my
knowledge, I do not know of us reclaiming the airport authority
property .
COMMISSIONER HENNING: Okay. The -- how much more
services are you going to provide at this proposed facility versus the
one on Marco Island?
MR. RODRIGUEZ: The site will be very similar. It will just be
larger. We'll serve more of the residents in the surrounding
community .
COMMISSIONER HENNING: Uh-huh, okay. All right.
Well, you know -- yeah, I find it -- thank you, Mr. Rodriguez. I
find it very difficult to -- on the executive summary it says you want
to fast track to spend moneys, in my opinion, doesn't belong. I mean,
this obviously belongs in an industrial area or next to an airport.
I don't see what's wrong with the present facility. Doesn't have to
be beautiful. I mean, you can put all the lipstick on it you want. It still
is what it is.
You're moving it away from -- we're moving it away from an
area that is highly redeveloped, the Moorings, Aqua Lane Shores, all
of that area, those people utilize -- or the contractors utilize. It just
doesn't make sense to move it away from it.
And the same action you have on here, you're asking for a bigger
recycling facility that will service the residents in that area just fine.
It's only a mile and a half to two miles.
It doesn't make sense to, first of all, hurry up and spend money
on a facility that there's nothing wrong with it, and ifthere really is a
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burning desire from the leadership in this county, put it in an industrial
area where it belongs.
You have an industrial park. There are many a vacant buildings
out there. If you've got to house this household hazardous waste,
house it in an existing building instead of building a new building.
You know, Commissioners, I drove by there this morning coming
-- on the way here, and there was -- they were lined up in the road, the
cars in front of this five acres to drop off the kids at this elementary
school. I mean, I just -- I know it's our acreage. I know if you -- Dan,
if you rezone it for a nursing home, you would sell it just like that and
make a profit. Of course, we know that government is not here to
make a profit, but I believe a nursing home is a better use of this
property than a recycling center. So that's all I have.
CHAIRMAN FIALA: Thank you, Commissioner Henning.
Commissioner Halas?
COMMISSIONER HALAS: Yes. Dan, the site that we have
down in Marco, I had the privilege of going down there with you.
Can you tell me what type of training that the staff that runs that
recycling center, what type of training they have.
MR. RODRIGUEZ: Sure, absolutely. All of the staff that work at
our recycling centers are provided the hazardous waste collection __
they're certified through FDEP to collect and properly manage the
different materials that we collect there.
COMMISSIONER HALAS: And how long has that recycling
center been open?
MR. RODRIGUEZ: Marco Island Recycling Center has been
open for 18 months.
COMMISSIONER HALAS: Okay. And the recycling center that
we presently have out at the airport?
MR. RODRIGUEZ: It's been on that site at least 25 years.
COMMISSIONER HALAS: Okay. Have we had any major spills
or concerns by either FDEP or by OSHA or anyone else?
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MR. RODRIGUEZ: None that I'm aware of, Commissioner.
COMMISSIONER HALAS: Okay. The residents seem to be
very concerned about the amount of chemicals that would come in.
Are most of the residents -- maybe they could just show their hands.
Most of the residents, do you have single-family homes or do you
have -- both, okay. And you're all from Countryside, I take it, or the
majority?
THE AUDIENCE: No, no.
COMMISSIONER HALAS: Okay. You know, some of the
concerns -- and I think you had some good concerns. But aren't you
concerned about chemicals that are in your neighbor's garage and how
he might take care of that? Because obviously he's not trained as
maybe some of our staff people are?
I mean, I understand where you're coming from. And I would
also be concerned about the chemicals and things that people like that
have.
The other thing that concerns me is this piece of property has
been very contentious by the neighborhood. We looked at an
emergency operations center, and there was a lot of resistance on that.
Then we also were thinking when we had -- at the height of the
housing boom here, we were looking at putting affordable housing
there, and we had an issue with that.
I'm wondering -- Commissioner Henning made a statement that
maybe we ought to have it for assisted living care. I think that there
might even be opposition to that.
THE AUDIENCE: No.
COMMISSIONER HALAS: So I'm concerned that no matter
what we want to do is -- we run into opposition here, and I'm very
concerned about that.
So I guess I don't have anything else to say on this. I think it's __
if this doesn't pass, I'd really like to see a recycling center up in
District 2. We don't have one. And I know a lot of people there would
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love to have one, and I think we've got some land that might be
available at the wastewater plant up there.
And so if you can put those funds up there, I would take that in a
minute, in a heartbeat. Thank you.
(Applause.)
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: You know, I use the recycling
center at Naples Airport. An old army guy, I frequently clean our my
garage and find some old excess army equipment like tear gas
grenades, rocket launchers and surplus ammunition. I won't have
anyplace to take that. So I'll probably just put it in a black garbage bag
and put it out front for the garbage guys to pick up.
But really, being serious about this, that facility at Naples Airport
is not very attractive, but it doesn't have to be. There are potholes
there, and if it rains, it's filled with water. And if! have to step in a
few inches of water when I'm getting rid ofa lot of junk, I don't mind
doing that.
I haven't seen that it's dangerous. They do a pretty darn good job
there. There's never been a line of cars backed up there. It moves
fairly efficiently. You just drive by the little Ted's Sheds and you drop
off what you have, and it works pretty well.
So my feeling is, why on earth do we want to spend $2 million
making a real pretty recycling facility? Now is not the time for pretty.
If there was ever a time when we could avoid an expenditure of a
couple of million dollars, this is it.
We can get along with we've got at Naples Airport. And I really
am concerned that if you take that one away, where do the people go?
Do you really think I'm going to drive out to this recycling center?
COMMISSIONER HALAS: You drive out to District 2.
COMMISSIONER COYLE: I would. I would go to
Commissioner Halas's and dump it on the side of the road near his
house.
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But honestly, if you -- I don't see that you're going to gain
anything by doing what you propose except spend more money. And
you'll have a really pretty, nice-looking little facility, and the people
who used to use the one at Naples Airport won't use it anymore, and
they'll be dumping it somewhere else. And I just don't see we gain
anything.
So if ever there was a time when we could avoid spending a
couple million bucks, this is it. This is a project that doesn't need to
proceed. And if it does proceed, it doesn't need to proceed at this
location.
Okay, thank you.
(Applause.)
CHAIRMAN FIALA: Okay, thank you.
It's my turn. Thank you. I've been to the facility on Marco, and
it's a wonderful site. It really is. But, you know, I have to agree with
the people about the school.
You know, their kids are there, and they're their most precious
commodity. One lady said it so succinctly. I wish I could have said it
like that. And that's an important thing.
People are saying, well, where else would you put it? Well, you
know, we own the land right over there by the landfill, and there's the
water treatment plant right there. And being that the one that they're
considering in North Naples is on a water treatment plant -- and that
facility by the landfill's a little over a mile away. Ifwe do need to
build something -- although I agree with Commissioner Coyle, I don't
think now is the time -- but if we do need to build something, we
could just build it there. It's only a little over a mile away from where
this property is now. We'd still have it. It could be bigger and
whatever. But it would be in an area that would be more appropriate.
So that's my two cents.
Commissioner Coletta?
COMMISSIONER COLETTA: Thank you.
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Dan, you're right, everything you said, but that's not important.
What it is is perception. And when you've got this number of people
that are convinced that it's not going to be compatible with their
neighborhood, then anything else really doesn't matter. But I want you
to know you did a tremendous job of bringing it to this point. I've
heard nothing but good things about you out there for the
presentations you made and you how conducted the meetings. You
managed to keep it together without a lot of animosity, and for that I
give you a lot of credit.
MR. RODRIGUEZ: Thank you, Commissioner.
COMMISSIONER COLETTA: Question, the landfill itself, don't
they have recycling there at the landfill?
MR. RODRIGUEZ: We do, Commissioner. We do have
recycling. Your C&D material and a lot of other materials are recycled
at the landfill.
COMMISSIONER COLETTA: Now, I just want to put a bid in. I
know that Commissioner Halas told you that he would take it in his
district, but I want to remind you that everyone else is very close to
where the landfill is. I got people out there in the
Orangetree/Waterways area that really, they're at a great
inconvenience trying to get all the way in. And I know there's a plan
for a future facility somewheres by the curve there by Oil Well Road,
there was some talk about it.
Ifthere's some way in the scheme of things that we can move
things forward -- I mean, forget Commissioner Halas, he really doesn't
need it. But if you want to --
COMMISSIONER HALAS: I expected that.
COMMISSIONER COLETTA: And I'll let him come out and use
the one at Orangetree. But if you ever wanted to consider diverting
those funds in that direction, I'm pretty sure I can get you a lot of
community support.
MR. RODRIGUEZ: Absolutely. Thank you, Commissioner.
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COMMISSIONER COLETTA: Thank you.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Dan, I -- you know, you did a
great presentation. In fact, I got ajar of barbecue sauce in my trunk for
you, and the picture on it is -- does have lipstick on it, so I think you'd
appreciate it, so I'll get you one of those.
But with that, I am going to make a motion to deny IOD.
COMMISSIONER COYLE: Second.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Okay. I have a motion on the floor by
Commissioner Henning to deny number 10D, a second by
Commissioner Coyle, a third by Commissioner Coletta, and actually a
fourth by Commissioner Fiala, if you want to know all of the lineup.
Anyway.
Any further discussion? Oh, Commissioner Halas?
COMMISSIONER HALAS: Yes. It says here that they're right
now -- and the reason that we haven't done anything with the airport is
that they're charging us $44,000 a year, the airport authority for
Naples?
MR. RODRIGUEZ: Yeah. That's our annual lease with the
airport authority.
COMMISSIONER HALAS: Okay. And you were saying -- or in
the -- in the information, executive summary, there was the idea of 1.9
million -- and I just want to get these figures out there.
And then, if we looked at updating the one at the Naples Airport,
the total cost would end up costing us -- a lease for 30 years, would be
$9,556,864.
MR. RODRIGUEZ: That's correct, Commissioner.
COMMISSIONER HALAS: And that's pretty amazing. The rent
per year, and what it's -- what it's going to cost. So what's our options?
Obviously we're not going to put any money into the landfill at the
airport, right?
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October 27,2009
MR. RODRIGUEZ: Sure. If! could get the visualizer turned
back on, presentation, real quick.
To answer your question and Commissioner Coyle's question, the
statement that now is not a good time, you're Solid Waste
Management Department, working with -- based on your direction.
The graph you see here is the assessed -- the collection assessment for
solid waste. The red little bar there that you can see, that's what
Collier County pays annually for collection curbside. If you go to Lee
County, even the City of Naples, you pay $100 more a year for your
collection.
What we've done as part of your integrated Solid Waste
Management strategy with your approval, is developed a
comprehensive collection program.
Anything that we take out of the waste stream doesn't go across
the scales, you don't pay to bury it. Commissioner Coyle, if you invest
the 19-, the $1.9 million, that has a return involvement. Within eight
years it pays for itself and saved air space as well as protecting the
environment and reduced cost in operation. We continue to find these
best-value approaches.
What is our plan forward? We would like to build at least six
recycling centers over the next ten years. They provide great benefit to
the community, they protect your environment, most importantly --
probably not most importantly -- but an added benefit, they reduce
your collection. You control your destiny on the cost of disposing of
your waste. Many counties' disposal rates, as you can see from the
chart, Broward, Dade, are twice as much, three times as much, and it's
because of your strategy and your planning over the last ten years that
we're able to do that.
So we would like to find other sites, and with the board's
recommendation, allow us to continue to keep looking.
CHAIRMAN FIALA: Thank you. Well, I have three more
commissioners. Are you all sure you want to --
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October 27,2009
COMMISSIONER HENNING: Yeah. I can't let this one go. This
is -- this is -- this is something.
Look, I have a battery beside my house. I'm going to take it up to
the Naples Airport, and your employees are going to accept it. It's no
different than they do on Marco Island. I have paint that I'm not going
to put in my garage, and I'm going to take it up to the Naples Airport
facility, and your employees will take it. They charge by the ton, as
we had discussion not too long ago.
I disagree, what you're presenting here, because you already offer
this service. Forty-three thousand, 44,000 a year -- by not spending
$1.9 million, you're going to make money more than that pay for this
lease just with interest alone. And the right thing that we need to do --
and I will be promoting it out in the public -- is reduce the annual
collection fee so we don't make mistakes of spending this kind of
money in the future.
You know, we -- you have a facility, you don't have to spend
money, and it works fine. So that's what I needed to say.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COLETTA: Yeah, thank you. First off --
CHAIRMAN FIALA: No.
COMMISSIONER COLETTA: Oh, I'm sorry. Commissioner
Coyle.
CHAIRMAN FIALA: Commissioner Coyle.
COMMISSIONER COLETTA: I'm sorry, sir. Age before beauty.
COMMISSIONER COYLE: That's okay. Go ahead, Mr. Coyle.
COMMISSIONER COLETTA: Oh, thank you. Thank you very
much.
My first question is, is Commissioner Henning's battery in his
side yard, can I turn him in to code enforcement and get a share of the
fine?
CHAIRMAN FIALA: We needed to laugh.
COMMISSIONER COLETTA: Second, is there any possibility,
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October 27,2009
Dan -- talking about the rural areas of Collier County, I'm talking
about the Orangetree/Waterways area, fairground, can we get some
sort of pickup out there, one of these remote pickups where you set up
a tent and people can bring in their items? It's a heck of a distance to
have to travel all the way into one of the recycling centers.
MR. RODRIGUEZ: Absolutely. Annually we provide hazardous
waste pickup days twice a year in Collier County. So certainly, we'll
continue doing that.
COMMISSIONER COLETTA: Yeah. And forget about
Commissioner Henning's battery because it really doesn't exist in his
side yard.
COMMISSIONER HENNING: Yeah, it does.
CHAIRMAN FIALA: Now Commissioner Coyle.
COMMISSIONER COYLE: Okay. All right.
COMMISSIONER HENNING: You think I'm going to keep it in
my garage?
COMMISSIONER COYLE: Hey, look, if you spent $1.9
million, the interest you could earn on that is $95.000, okay . You're
paying $44,000 on a lease. You're saving money by keeping the lease
you've got. The only change is that you want a prettier and perhaps
more efficient space, okay.
And what I'm telling you is that the workload there is not so
excessive that you are losing a lot of money through inefficiency.
You're still collecting things that need to be recycled. It's not going
into the landfill, so I don't get it.
Not only that, but lumping in 30 years of the lease payment to
build up a cost of staying there, I think, is probably excessive.
But in any event, our options are, stay there, do what's working,
keep the facility we've got, and pay $44,000 a year, or go build a
really pretty efficient facility somewhere else and spend a couple of
million dollars doing it at a time when we don't really have a lot of
money to be investing in capital projects.
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So, you know, the -- we're ready to take a vote, I hope, and I
hope we don't --
CHAIRMAN FIALA: We certainly are.
COMMISSIONER COYLE: -- belabor this anymore, but --
CHAIRMAN FIALA: Okay. Then shall I just call for it?
COMMISSIONER COYLE: Yes, absolutely.
CHAIRMAN FIALA: All right. We have a motion on the floor
and a second, third, and fourth.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: That's a 4-1 vote, thank you. Thank you,
everyone.
(Applause.)
CHAIRMAN FIALA: Okay. And thank you for taking the time
to come here. I know that that's a -- especially when you have families
and you've told us about your children and you took the time to be
here anyway. Your love for your children's shown through. Thank you
very much. Thank you.
County Manager, let's go to 10C, because we have five speakers
on that.
MR. OCHS: Yes, ma'am.
UNIDENTIFIED SPEAKER: Commissioners, I want to thank
you for listening to the residents and the constituents. I think you've
done the right thing.
CHAIRMAN FIALA: Thank you, sir. We think so, too. Thank
you very much. That was nice of you to say that. Thank you.
lOCo
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October 27,2009
Item #lOC
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS APPROVE THE WILSON BOULEVARD
EXTENSION/BENFIELD ROAD CORRIDOR STUDY (STUDY) -
MOTION TO APPROVE THE PLAN OR STUDY AND NOT THE
EXPENDITURE OF MONEY - APPROVED
MR. OCHS: 10C, ma'am, is a recommendation that the Board of
County Commissioners approves the Wilson Boulevard
extensionlBenfield Road corridor study. Due to the size of the draft, a
final report is available in the County Manager's Office for review.
And Ms. Claudine O'Claire from your transportation planning
department with present along with Mr. Casalanguida, I see.
MR. CASALANGUIDA: She's much cuter than me. For the
record, Nick Casalanguida with Collier County Transportation
Planning.
Good afternoon, Commissioners. The Wilson/Benfield study is a
project that took over almost two-and-a-halfyears to accomplish. And
I'd like to recognize some of the project team that's here from our
consultant team.
Mr. Rutledge -- if you could stand up -- Bob Rutledge from
DRMP, and Shawn Donahue (phonetic). These are private consultants
that worked with the county staff, and especially Ms. Claudine
O'Claire, who will take you through the project.
COMMISSIONER COYLE: May I ask a question?
CHAIRMAN FIALA: Sure, go ahead.
COMMISSIONER COYLE: Didn't we all get this presentation at
the --
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER COYLE: -- MPO --
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October 27, 2009
MR. CASALANGUIDA: MPO, yes, sir.
COMMISSIONER COYLE: -- meeting?
MR. CASALANGUIDA: It's a little different than the county.
COMMISSIONER COYLE: It's a little diff- -- you've changed
the plan?
MR. CASALANGUIDA: No, sir. But what it is, for the MPO
process, you've just confirmed that it's consistent with the long-range
plan. Now you're directing county staff to actually act. We don't
represent work for the MPO. We work for the board.
COMMISSIONER COYLE: Well, I understand the outcome, but
the plan we've seen.
MR. CASALANGUIDA: Yes, sir, you have.
COMMISSIONER COYLE: Do you need to present us a plan
again?
MR. CASALANGUIDA: I do not, sir. I'd like to put a few things
on the record, if I could.
COMMISSIONER COYLE: That would be great for me, and I'd
be happy to make a motion to approve the plan, not the expenditure of
money, but the plan, if there's no one here who objects to it.
MR. CASALANGUIDA: Well, Commissioner, there are--
CHAIRMAN FIALA: There are five speakers.
COMMISSIONER COYLE: There are two people. Okay. Then
I'll withhold my motion.
CHAIRMAN FIALA: Okay. We've got five speakers. And I
guess this is a different audience today than we would have had at the
MPO anyway.
MR. CASALANGUIDA: Yes, ma'am.
CHAIRMAN FIALA: A lot of people don't watch the MPO, but
they do --
COMMISSIONER COYLE: Yeah, but I'm not sure that his
explanation is going to be all that helpful to somebody watching it on
television, but nevertheless. Whatever way you want to do it.
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October 27,2009
MR. CASALANGUIDA: Well, a couple things I want to put on
the record, sir. As staff and consultants have done this project, we
considered safety concerns, environmental factors, costs, long-range
planning needs, alternative routes, and existing homes and residential
and commercial businesses.
Your long-range transportation plan is done by your MPO. And
on that plan they identified a needs analysis, and they identified
corridors that's put on there as far as needs are concerned.
The next phase is the county takes those corridors and they do the
next phase, which is a corridor study. And depending on whether it's
going on to design shortly thereafter or not to design for a long time
depends on the detail of the corridor. So we have taken that upon
ourselves to do that over the past two-and-a-halfyears.
And I have to give credit to staff and you, the commissioners,
because we call it retro-planning, in a sense. You are taking a
community that's somewhat developed and platted and you're trying to
plan backwards to try and, you know, take care of some of those
needs. And it's always a challenge, because when you have a situation
like that, you are unable to make everybody happy because you're
stuck with an existing footprint and homes and commercial.
To the credit of the consultants and Claudine, it's a nine-mile by
20-mile corridor, and that's probably the biggest project that most
anybody's taken on for a corridor study. It's really probably three
corridor studies in one because we've broken them down. So I have to
give a lot of credit to those folks.
With that said, Claudine O'Claire, I think, has done a terrific job.
She's done a -- you know, spent a lot of time on public outreach. There
was one gentleman, Mark Teaters, who I spoke to on the phone last
night. Commissioner Coletta, you've spoken to him this morning, and
he had to leave. He did have concerns that when you do a corridor
study, that you're going to identify certain properties that might be
affected in the future a long ways out and how those properties have a
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October 27,2009
cloud on top of them.
And staffs response was, your long-range transportation plan has
that issue all the time. You have roads right now that you're not going
to widen for ten or 20 years that are existing roads that will be
widened some day, and so there is that issue.
We will be bringing back an ordinance to the board probably in
January or February with the county attorney that will talk about
managing corridors and maybe ways that we can compensate those
people for that. But it's not something you can take care of easily on
anyone given study.
That said, I'd like to let Claudine go forward with her
presentation.
Would you like her to do the whole presentation or -- no, sir?
COMMISSIONER COLETTA: Commissioner Fiala, if! may.
CHAIRMAN FIALA: Yes.
COMMISSIONER COLETTA: This is very important to a lot of
people in my district, and I really -- I really do think -- I know it's
been a long meeting day, but the full presentation, I think, is
necessary .
MR. CASALANGUIDA: Very good.
COMMISSIONER COYLE: May I make a comment concerning
that? What the MPO did was to approve a particular recommendation
to be forwarded to the Board of County Commissioners, okay. I would
think that a full presentation on that recommendation is appropriate,
but why would you spend the time talking about the other
recommendations and alternatives that were not reported by the MPO?
MR. CASALANGUIDA: We could focus on the final
recommendation.
COMMISSIONER COYLE: That's what I'm saying. If you
focused on the final recommendation and the recommended route, that
would inform the people about what we are actually considering,
because we are considering telling you to proceed with a study for this
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particular recommendation. We're not considering telling you to do
anything other than that.
MR. CASALANGUIDA: What we're asking the board to do is to
tell staff to treat this as a managed corridor, and all that means is that
as folks develop and redevelop along that corridor, they become
flagged and they come talk to us, and we let them know, so in the
future --
COMMISSIONER COYLE: I understand that.
MR. CASALANGUIDA: Very good.
COMMISSIONER COYLE: But I mean, it serves no purpose to
the public for you to spend 30 minutes talking about alternatives that
were never selected, right?
MR. CASALANGUIDA: I agree with you, sir. I think the idea is
just to make sure that we've put on the record as a Board of County
Commissioners that we've gone through that process, even though --
COMMISSIONER COYLE: You've got the document. It will be
part of the record.
MR. CASALANGUIDA: Okay, sir.
MS. O'CLAlRE: If! may just add a couple ofthings, and I don't
know, maybe a suggestion. I know we have some registered speakers.
Maybe what we could do is let those speakers come up to the podium,
bring -- share their concern with us, and ifthere's something we can
answer with a or two slides in the presentation or just by answering
their question, maybe that will provide the information that is
necessary at the same time.
COMMISSIONER COYLE: Well, Commissioner Coletta is--
CHAIRMAN FIALA: Is that okay with you, Commissioner
Coletta?
COMMISSIONER COYLE: -- correct that we ought to talk
about -- let the viewing audience see the recommendation path and
lets us -- let them understand -- his constituents understand what we're
considering, but all I'm saying is, why spend time on things we're not
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even considering?
MR. CASALANGUIDA: Very good. Let me describe the
recommended path for the record. It's on the viewer right now.
The current recommendation as it sits in front of you is Golden
Gate Boulevard and Wilson intersection is the beginning point, and it
would head due south under the existing Wilson Boulevard as it
terminates at the canal.
At that point in time you have an existing mining lake that exists,
and then you have three or four homes there. That's the first conflict
point where, in the future, a design issue would have to come into play
whether you would have to possibly take those homes or fill in a
portion of that lake to continue south.
From there it heads due south consistent with -- it's -- if! can use
the --
CHAIRMAN FIALA: Leo, should she put the poster up on the
board there?
MR. CASALANGUIDA: From there it continues due south, sir,
and it follows the North Belle Meade overlay haul route that was laid
out in the North Belle Meade study. As soon as it hits 1-75, it goes due
west. And we were just informed in the past couple days that FDOT
has donated existing extra right-of-way back to the county for that
road that we're not going to pay for.
So it follows 1-75 into what -- today actually -- until it crosses the
public utility site. At that point in time, the options are unclear how to
cross 1-75, because you would get into a design issue. But there's
probably three or four or five different ways to cross 1-75.
From there it would go north and tie into the back of the existing
City Gate, and in December you will be seeing a DCA with City Gate
that continues that road as a public road all the way west to 951.
Upon crossing 1-75 south, there's Benfield Road that exists over
here, and there are three or four different ways to cross 1-75, as
Claudine is pointing at right now.
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October 27,2009
As it connects back down farther south, it is one mile east of 951
at the urban line and continues due south from that point in time until
it hits U.S. 41 to the south. That is the recommended alignment that's
in front of you right now.
And if we'll take speakers, then we can answer questions.
CHAIRMAN FIALA: Okay, very good. Is that okay with you?
COMMISSIONER COLETTA: That's fine, thank you.
CHAIRMAN FIALA: Oh, okay, fine. Would you call the
speakers, please.
MS. FILSON: Yes, ma'am. Karen Acquard. She'll be followed by
Pat Humphries.
MS. ACQUARD: Good evening, Commissioners. For the record,
Karen Acquard.
We had hoped to get this continued to another time when we
could have Mark here to speak.
I'm asking that you not move forward with this because I see this
as a -- actually a death sentence for the people who own homes on this
road. I can tell you, I would never buy a home on a road that is
earmarked for future development, increased in size and so on, and
that have increased truck traffic on. I would be looking at a street with
a dead end and find out that it was going to be bridged and be a main
thoroughfare. I wouldn't want it.
And people -- if you do this now, that -- with 20 years down the
road, that means they've got this thing hanging over their head if they
want to try to sell their house for the next 20 years. It may happen. It
may not happen. Because as we all know, we plan, God laughs, things
change.
I'm going to use myself and my husband as an example. I'm 66;
he's 72. Twenty years from now I'm going to be in my 80s, and God
willing, he'll be 92, but if he follows his family genes, he's either
going to be dead or in a home with Alzheimer's.
I would want to sell my house. Now, how am I going to sell that
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October 27,2009
house if I've got this plan hanging over my head?
I think you should wait until you are closer to being able to do
something before you implement approval of these type of things.
Five-year plans, ten-year plans I can see, but 20-year? Approval
of things? I just have a problem with that. I thank you very much.
MS. FILSON: The next speaker is Pat Humphries. She'll be
followed by Sherry (sic) Teaters.
MS. HUMPHRIES: My name is--
MS. FILSON: Mark Teaters?
MS. HUMPHRIES: Mark's not here. He had to leave.
MS. FILSON: Bruce Anderson?
MS. HUMPHRIES: He's here.
My name is Pat Humphries. I am past director of the Golden
Gate Estates Area Civic Association and presently a member of the
Golden Gate Estates Homeowners Association. I also serve on the
Golden Gate Estates Land Trust Committee.
Today I am speaking for myself. It's been so peaceful in the
Estates, hardly any dump trucks, the way a rural residential
community should be. But eventually they will be back.
Several years ago I counted 161 dump trucks speeding back and
forth on Wilson Boulevard between the hours of 6:30 and 8:30 a.m.
That's 80 an hour, multiply that to eight to ten hours a day. That same
year, there were 40 accidents in Collier County involving dump
trucks.
Now there's a plan to bridge Wilson Boulevard south so we can
have even more of these trucks plus all other kinds of commercial
vehicles coming from the industrial park and the landfill in North
Belle Meade.
It doesn't matter if it's in the near future or far future. This
industrial traffic is not compatible with a residential community. In
fact, it has never been compatible. It's unsafe for residents, lowers real
estate values, bad for the environment, creates more traffic, puts undue
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October 27, 2009
stress on the roads. This bridge is a very bad idea.
I would like to go on record that I am requesting a postponement
of this item because the president of the Wilson Boulevard
Homeowners Association had to leave. We've been here since ten
a.m., that three homeowners on Wilson Boulevard South who will lose
their homes were not notified. The Golden Gate Estates Homeowners
Association was not able to take a position because they were not
notified.
This extension is not compatible with the Golden Gate Master
Plan. This will have a devastating effect on the residents of the Estates
because of excessive industrial traffic.
Thank you.
MS. FILSON : Your next speaker's Bruce Anderson.
MR. ANDERSON: (Waves hand.)
MS. FILSON: Oh. That's your final speaker, ma'am.
CHAIRMAN FIALA: Okay, fine.
Okay. We have Commissioner Coletta first.
COMMISSIONER COLETTA: Thank you. Nick, if you would,
please. This has been something that's been in the works for, what,
three years now?
MR. CASALANGUIDA: About two-and-a-halfyears, sir.
COMMISSIONER COLETTA: Two-and-a-half years. And
there's been a couple public meetings on it?
MR. CASALANGUIDA: More than a couple.
Claudine, if you want to go through them.
MS. O'CLAlRE: There's been one public meeting at St. Agnes,
there's been one public meeting at Shepherds of the Glades, there's
been a public meeting with the -- at the Golden Gate Estates Civic
Association, there was another meeting at Verona Walk, there was
another meeting at Lely Elementary School with the folks who reside
along Benfield area. We've had several, you know, calls, emails,
people coming into the office asking questions. Anyone who had, you
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know, concerns, we talked to them.
We've also had -- we received one public petition about an R V
resort on Beck Boulevard, Panthers RV Resort, that is opposing 3A.
They're not opposed to the project, they're just proposing an
alignment.
COMMISSIONER COLETTA: Yeah, I get the picture. It's been
__ it's been something that's been vetted considerably in the public.
Now, there's a couple of things that were mentioned. And one of
the concerns that we have out in the Estates, of course -- and it's
always been a concern. It's a little bit of competition for the road
right-of-way with the residents and the dump trucks, and with the
mines being out in that area, it has been something in the past,
especially during the building boom where numerous ones, as Pat
Humphries referred to, were on the road, and it's a big concern where
they're going to come out and how it's going to work.
Now, Nick, can you please elaborate on it? I understand that this
road cannot be built and opened unless a couple of things take place
first. And what is that?
MR. CASALANGUIDA: We told -- the folks from the Florida
Rock Mining application came forward, and they're going to build a
road to the south and back to the west, that we would not connect the
south portion with the north portion until we had all the intersections
in place and we had another way to get them out of there, and that's in
taking with this study, authorizes no design, no right-of-way
acquisition, no construction.
It's just a planning study that allows you to manage the corridor.
So we're keeping with that promise. There's no construction plan with
that project right now.
COMMISSIONER COLETTA: Now, into this whole plan, what
you're talking about is also -- has to do with the four-laning of Golden
Gate Boulevard and Wilson?
MR. CASALANGUIDA: Correct. Part of that intersection
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October 27,2009
improvement is making that facility -- upgrading that facility at the
intersection of Golden Gate and Wilson, because you wouldn't want to
send any vehicles up to that intersection until it was improved.
COMMISSIONER COLETTA: Now, at this point in time, too, in
order to be able to keep the traffic at a manageable level, if I
remember correctly, the new mines have been coming on. We have
them using 5th, and they can only use what traditional traffic would --
allotted was. Is something like that possible also in the future?
MR. CASALANGUIDA: What we've asked and proposed -- and
it will come through as a conditional use application to this board -- is
the existing mine that's there now wants to permit another section of
land, not a full section, but a portion of it. We've asked them to
consider to start splitting the traffic up between 5th and Wilson, if they
could, only for the fact that the people who lived on 5th expected the
first application to expire and didn't think that they'd just keep coming
back and always have that traffic on that road.
But then again, sir, that will come back as a conditional use
application for this board to consider.
COMMISSIONER COLETTA: Okay. Now, Nick, there's one
thing, and I -- and you alluded to it earlier and I talked to you about it
this morning. My concern over the fairness of it. And as you know,
this commission had to wrestle with the idea of Vanderbilt Beach
Road and the taking of homes for that, and it was very traumatic.
In the end, we -- most of those people came forward and said
they were treated very fairly and they were very happy with what
happened. And I think in lieu of what happened to the housing market
right after that, they were probably -- realized the benefit of what they
got.
But once -- we got a situation here, 20 years out, maybe 25 years
out, a generation removed, before such a road is going to happen, if
it's going to happen. These are options that are open for the future.
How do we protect the rights of these people? Remember I
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suggested one idea to you, and you came back with a second one, and
my suggestion was something whereby we might have -- and we can
discuss this at another time, but it's important that the people --
MR. CASALANGUIDA: Sure.
COMMISSIONER COLETTA: -- that are listening to this
understands it. That something be built in where they -- what do you
want to call it -- like a 10 percent override on any houses. When we
did Vanderbilt, we paid them above-market rate for it. When we got
all through, they were way above what it would have been for the
market in almost every single case.
In this case here, if we had a 10 percent override, then that would
allow for people to be able -- I'm talking about the future when this
would happen. If it ever did happen where they had to have their home
taken, that 10 percent would kick in and it would be an incentive for
somebody that bought the house to realize that whatever they got it for
at value, that it's always going to be work 10 percent above the market
value. But there's -- there might even be a better way, and you were
talking about a tax incentive?
MR. CASALANGUIDA: Right. We considered, with your
corridor management ordinance that's going to come forward to the
board probably in January or February, working with the County
Attorney's Office, is, this isn't the only project that's like this. Every
road east of 95 I that's planned to be widened, Wilson Boulevard to the
north, Golden Gate Boulevard, Everglades, DeSoto, Randall, that
long-range transportation plan, the comments have been, it's a cloud
over our head. We live on a two-lane road now.
Way to maybe incentivize that by saying -- or reimbursing it by
providing a tax credit saying that there's an adjustment on your taxable
value if you front that road and you live on that property.
And I think it's up to us for staff to bring the details back to you
so you could analyze that and see if that makes sense for you. But
that's maybe a way of offsetting some of the potential future damages
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of a future roadway expansion.
COMMISSIONER COLETTA: Thank you, Nick.
CHAIRMAN FIALA: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Okay. I -- let me try to address that
long-term issue. There is just no way to treat people fairly when it
comes to taking their property for us to build a road. There's nothing
fair about it at all. The only way that we could proceed fairly is to find
a corridor for the road where there is no public -- or no private
property .
MR. CASALANGUIDA: Almost impossible.
COMMISSIONER COYLE: That's right. And that is not
possible. So what we try to do is plan as far ahead so we can tell
people where we might build a road in the future so that more people
don't buy up property in there and then get disappointed when we have
to condemn the property to build the road.
I don't know of a better way to do it, but it still doesn't treat
everybody fairly. And we either build roads or we just stop building
roads and not provide people access. So it's a difficult problem, and I
don't know the solution, but I think the strategy is sound. Let people
know as far in advance. Don't let hundreds or thousands of people
build homes along this corridor and then come in one day and say,
well, we're going to tear your house down.
So, I think that getting way out in the future is a good thing, but
it's going to be very unfair to the people who are there right now. So I
really, really believe that we ought to take a look at the possibility of
helping the people who are there right now as much as we possibly
can, and once we've notified the others, they're taking a risk.
Now, we should try to protect the current people from any
substantial reductions in the value of their properties because, Ms.
Acquard is absolutely right, she's not going to get as good a price for
her property if we publish this and we go forward with it.
I think we should do something about that. We should give some
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assurances to people that we're going to try to be fair with you on that.
The people who follow and disregard the warnings, I don't know
that there's anything we can do for them. But if there's a way we can
keep that in mind -- but I'm always mindful of the fact that it makes no
difference what we -- this board says, another board of directors or
commissioners can come along and completely undo everything that
we said.
So there's always a risk of that. So I don't know of an ironclad
guarantee, but at least we can make our best efforts.
CHAIRMAN FIALA: Well, the thing is, you're just going to just
have to stay in office then. That's the way it is.
COMMISSIONER COYLE: Well, I think I'm a lot like Ms.
Acquard's husband.
MR. CASALANGUIDA: Commissioner Coyle, I can't stress
enough how accurate you are, especially staff. We're put in the
undesirable position of trying to do the board's bidding in terms of
long-range planning and the consistency with the Growth
Management Plan, and also trying to be fair with these people by
providing them as much information as we can. And it's a balancing
act. And I can tell you, it is the least pleasurable part of my job.
COMMISSIONER COYLE: Yeah, ours too.
CHAIRMAN FIALA: Yep.
Commissioner Henning?
COMMISSIONER HENNING: Claudine, what are you looking
at to build in Golden Gate Estates on Wilson? Keep it at two lane or
four lane or six lane?
MS. O'CLAIRE: The current LRTP indicates a four-lane facility.
COMMISSIONER HENNING: Would that be a collector or
arterial level of service?
MS. O'CLAIRE: Arterial.
MR. CASALANGUIDA: It'd be an arterial. Rural, sir, to the
south, a rural design.
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COMMISSIONER HENNING: Rural arterial, correct?
MR. CASALANGUIDA: Yes.
CHAIRMAN FIALA: And a rural arterial is?
MR. CASALANGUIDA: It's just a roadway classification. You
would get it classified as an arterial. Right now it's probably labeled --
the existing Wilson to the north is probably consistent -- a collector
road.
COMMISSIONER HENNING: I guess my concern moving
forward is -- and our Growth Management Plan says it is protecting
existing neighborhoods. Vanderbilt Beach Road is going all the way
out past DeSoto to Big Cypress stewardship area. And I'm not sure
that design is really protecting Golden Gate Estates.
And my concern is, you know, chopping up Golden Gate Estates
and being contiguous to serve the greater good. I'm not sure if we're
really serving our existing residents when we do something like that.
MR. CASALANGUIDA: The conflict -- and again, as I pointed
out, if you take the Estates and you turn everything on, part of that is
to provide access in and out for them.
COMMISSIONER HENNING: The answer is, good land use.
MR. CASALANGUIDA: Yes, sir, it is.
COMMISSIONER HENNING: And if we can do that, we can
spend a hell of a lot less money building capital facilities and putting
jobs and services where it's needed.
MR. CASALANGUIDA: Sir, you are going to see the county
transportation staff work with Compo Planning for the master mobility
plan. And one of the issues that comes up is, as staff, if our job is to
provide mobility and we can't fund that, then we need to look at
alternatives to lower the demand, exactly what you're saying. Putting
services where they are strategically located to reduce those vehicle
miles traveled so we build less roads.
COMMISSIONER HENNING: Well, how do we do that? I
mean, instead of -- I can understand the corridor next to Collier
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Boulevard.
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER HENNING: And really, once you get into the
Northern Belle Meade, it's really serving those pits. They call them
borrow pits.
MR. CASALANGUIDA: Right.
COMMISSIONER HENNING: I don't know why they call them
borrow. They never bring it back.
COMMISSIONER COYLE: It's a long-term borrow.
COMMISSIONER HENNING: Yeah.
MR. CASALANGUIDA: If you look -- I mean, I just -- I don't
want to spend too much time, but to answer your question, the issue
that you have is, Golden Gate Estates right now, as a residential
community, gets all its services from the urban area, such as landfills
or employment centers.
So right now you -- places like City Gate and White Lake
Boulevard or Tollgate Industrial Park where people work, they have to
commute back and forth into the Estates, and our public utilities
landfill site right now has to go up 951.
COMMISSIONER HENNING: Right. Well, I don't have a
problem providing facilities for people in Golden Gate Estates to get
there.
MR. CASALANGUIDA: Sure.
COMMISSIONER HENNING: What I have a problem is, again,
slicing and dicing up a community for landowners to the north, east,
or south of it. That's all.
MR. CASALANGUIDA: I understand.
COMMISSIONER HENNING: And if we can, somehow through
our long-range transportation plan or mobility plan -- is to look at land
uses to reduce the need for public facilities, we're really serving the --
not only our existing residents better, but our future residents better.
MR. CASALANGUIDA: That's our goal. Ifwe can reduce
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October 27, 2009
vehicle miles traveled, that -- how much people drive, we can build
less roads.
COMMISSIONER HENNING: Do you think we can take
Wilson Boulevard and keep it at two lane and just improve
intersections and --
MR. CASALANGUIDA: Quite honestly, sir, if you look at your
long-range transportation plan, you're still woefully underbuilt in
terms of roads. I can't answer that until we do that master mobility
plan. But I can tell you that you'll probably need some version of
Wilson in there.
COMMISSIONER HENNING: We need to get -- we need to get
jobs to the east of Golden Gate Estates and leave that a rural
community that it is.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I would like to make a
motion to approve the plan. I don't want to have that indicate that I'm
approving expenditure of money for this project.
MR. CASALANGUIDA: Not at all.
COMMISSIONER COYLE: Just the plan or the study, with one
request, and that is that on this slide, the third line up from the bottom,
you take out the word threat and put in the word treat.
MS. O'CLAlRE: If! may make a comment. Our county manager
pointed it out to me. But I think all of you know that I have some
problems with the letter H. Being French-Canadian, I either put them
where I'm not supposed to or I don't put them where I should put them.
COMMISSIONER COYLE: Well, we'll assume with enough
practice you'll learn to speak English and we'll all understand you.
MS. O'CLAlRE: You would think after 20 years, yes, but --
MR. CASALANGUIDA: Commissioners, we went--
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER HALAS: I'll second that.
MR. CASALANGUIDA: -- so far as to take the H off her
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computer.
COMMISSIONER COYLE: Okay.
COMMISSIONER HALAS: I second that motion.
CHAIRMAN FIALA: Okay. Thank you. I have a motion on the
floor to approve, and --
COMMISSIONER HALAS: The plan.
CHAIRMAN FIALA: -- by Commissioner Coyle, and a second
by Commissioner Halas.
Commissioner Coletta?
COMMISSIONER HENNING: Well, I don't want people to
think after Commissioner Henning's statements that I haven't given
consideration to the people that are out there. I am. I'm thinking for the
people in the future, too. This has been something that we've known
we'd need for a long time. It's going to come up in the future. And if
we don't protect the corridor, we're going to have a disaster on our
hands with everybody building right next to the road.
People can still do it, but at least now they're forewarned. There's
nothing to prevent them from building next to the road and -- but now,
most -- when people come aboard and they're going to build, they're
going to be building back a bit.
But once again, too, I'll be looking to work with the county
attorney on what's going to be coming forward and you, too, Nick, to
be able to see what can be done to make some sort of monetary type
of arrangements to make these people reasonably whole.
MS. O'CLAIRE: Commissioner Coletta, if! may add something
also. We will do the same thing as we did with the VBR extension. I
will work with Joe Schmitt and community development and ask his
staff to red flag those properties that fall under the identified corridor,
so there's a message there that says to contact transportation
department like we did for VBR.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN FIALA: But I'm hoping that you'll keep into
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consideration the suggestion that Commissioner Henning made, as
well as Commissioner Coletta, and that is to protect the integrity of the
character of the ruralness of Golden Gate Estates. That's what makes it
so special throughout this whole country. There's nothing else like it.
So if when you're planning this road you can keep that in your
consideration, I think that that will, again, protect the people who want
to live in that rural character.
MS. O'CLAlRE: The same as we do with any other corridor,
when we go to the design phase, we'll have the same process again
and all the public meetings, and citizens will have the opportunity to
come make comments on what we propose to them.
CHAIRMAN FIALA: But I'm telling you, while you're planning
it, you know, keep that in mind.
MS. O'CLAIRE: Yep.
COMMISSIONER COLETTA: Yeah, one last comment.
CHAIRMAN FIALA: Sure.
COMMISSIONER COLETTA: And of course, if the land
planning ever takes place, which I don't know how we're ever going to
be able to tell people they can't build on individual lots out there that
they purchased unless we come up with a Conservation Collier that's
out of this world to buy those lots, but if we ever do reach that point,
we can always go ahead and do away with a road here and there or
scale it down considerably to be able to meet that demand; is that not
correct?
MR. CASALANGUIDA: That's correct.
MS. O'CLAlRE: Correct.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
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October 27,2009
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: 5-0. Thank you.
MS. O'CLAIRE: Thank you.
Item #8A
ORDINANCE 2009-57: AN ORDINANCE AMENDING
CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES (THE COLLIER COUNTY
CONSOLIDATED IMP ACT FEE ORDINANCE) BY PROVIDING
FOR THE INCORPORATION BY REFERENCE OF THE IMPACT
FEE STUDY ENTITLED, COLLIER COUNTY PARKS AND
RECREATION IMPACT FEE UPDATE STUDY, DATED JUNE
26, 2009; AMENDING SCHEDULE THREE OF APPENDIX A TO
REFLECT THE REVISED RATES SET FORTH IN THE IMPACT
FEE STUDY AND PROVIDING FOR AN EFFECTIVE DATE OF
NOVEMBER 1, 2009 FOR THE REGIONAL PARKS IMP ACT
FEE RATES AND A DELAYED EFFECTIVE DATE OF
FEBRUARY 1,2010 FOR THE COMMUNITY PARKS IMPACT
FEE RATES IN ACCORDANCE WITH THE NOTICE PERIOD
REQUIREMENTS OF SECTION 163.3180I(3)(D) FLORIDA
STATUTES; THE CUMULATIVE RESULTS OF THE RATE
CHANGES BEING AN OVERALL DECREASE IN PARKS
IMP ACT FEES - MOTION TO ADOPT REDUCTION OF
COMMUNITY PARKS IMPACT FEES BY 12% AND APPROVE
ALL OTHER RECOMMENDATIONS BY THE PRODUCTIVITY
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COMMITTEE - MOTION FAILED - MOTION TO APPROVE
STAFF'S RECOMMENDATIONS - ADOPTED
CHAIRMAN FIALA: Okay. Now we have what, 8A?
MR. OCHS: Yes, ma'am. 8A is a recommendation that the board
adopt an ordinance amending Chapter 74 of the Collier County Code
of Laws and Ordinances, Collier County consolidated impact fee
ordinance by providing for the incorporation by reference of the
impact fee study entitled Collier County Parks and Recreation Impact
Fee Update Study dated June 26,2009; amending Schedule 3 of
Appendix A to reflect the revised rate set forth in the impact fee study;
and providing for an effective site of November 1,2009, for the
regional park impact fee rates, and a delayed effective date of
February 1,2010, for the community parks impact fee rates in
accordance with the notice period requirements of Section
163.3180 I (3)( d), Florida Statutes.
Amy Patterson will.
MS. PATTERSON: Good afternoon. For the record, Amy
Patterson. I'm the impact fee manager at community development.
And I have one item to put on the record before we get into the
presentation and answer questions, and that's related to the
recommendation made by the Parks and Recreation Advisory Board.
The meeting was scheduled later than our deadline for submitting
the deadline, so I am reading their recommendation into the record.
On October 21,2009, the Proposed Impact Fee Study and Rate
Schedule was presented to the Parks and Recreation Advisory Board.
The committee unanimously recommended that the study and rate
schedule be adopted as proposed by the impact fee study.
With that, I have a brief presentation that just takes you probably
through some of the questions you might have about this impact fee
study. I have with me today Mr. Steve Tindale and Nilgan Camp
(phonetic) from Tindale-Oliver. They have a technical presentation
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October 27,2009
they can go through depending on your questions and your feelings on
this matter. If you want to go straight to questions, I'm at your
pleasure.
CHAIRMAN FIALA: Great. Let me ask you, are there any
speakers on this item?
MS. FILSON: No, ma'am.
CHAIRMAN FIALA: Okay, fine. Well, then let me just start
with Commissioner Henning because he's got his light on.
COMMISSIONER HENNING: Yeah, thank you.
Amy, can we adopt part of it -- part of this without adopting the
other?
MS. PATTERSON: Meaning one ofthe impact fees and not the
other, community or regional?
COMMISSIONER HENNING: Yeah.
MS. PATTERSON: They are two separate fees.
COMMISSIONER HENNING: Oh, okay. Well, good. That's
what I'm in favor of. I still don't believe it's the right time to adopt any
fees that is increasing. I don't think we're going to be collecting any
anyways.
MS. PATTERSON: If I can explain about the community and
regional parks. While I know there are three categories on the
community parks side that are going up -- those are the three
single-family rates; however, the other half of that schedule is, in fact,
going down. It's the multi-family, RV and hotel/motel categories.
However, when you take community parks with regional parks,
there is not a building permit that will be applied for in Collier County
that is not going to receive a decrease.
Those -- there's nobody that pays community parks alone.
They're -- the municipalities pay regional parks.
COMMISSIONER HENNING: Right.
MS. PATTERSON: They don't pay community parks.
COMMISSIONER HENNING: Well, if you take a
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1,500-square-foot single-family home that pays both the community
and regional -- am I correct?
MS. PATTERSON: Yes.
COMMISSIONER HENNING: Actually you -- with the new fee,
you're going to have an increase of those totaled. You take the total of
them.
MS. PATTERSON: You have an overall decrease.
COMMISSIONER HENNING: You have an overall decrease.
MS. PATTERSON: Because the magnitude of the regional parks
impact fee is so much greater than the increase to the community
parks.
If you go to the executive summary, I go through each one of the
__ I start with community parks, and that's where you see those three
increases, and then the three decreases. Then I move on to regional
parks. And even though when you look at those next categories of
single- family home, while the percentage of decrease is less --
COMMISSIONER HENNING: Okay. I see.
MS. PATTERSON: -- the fee is higher. Now you get to the
combined, and you'll see that every category is going to experience a
decrease in fees.
COMMISSIONER HENNING: Okay. I see where you're at. All
right. Well, I don't have a problem with it then.
I'll make a motion to approve.
COMMISSIONER HALAS: Second.
COMMISSIONER COYLE: Which one?
COMMISSIONER HENNING: Everything.
COMMISSIONER COYLE: The whole thing?
COMMISSIONER HENNING: Yeah.
CHAIRMAN FIALA: Okay. I have a motion to approve this item
made by Commissioner Henning and a second by Commissioner
Halas.
The next person to speaker is Commissioner Coyle.
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COMMISSIONER COYLE: Okay. I can't do that. I really can't. I
remember telling the people we were charging these impact fees to
that we were going to do this fairly and it was going to represent the
actual cost of building our infrastructure, and I simply cannot
rationalize intuitively an increase in the community park impact fees
for single-family residences.
I just -- I know that Mr. Tindale has a rationale for justifying that.
There's no question in my mind that it's a good rationale, but
intuitively, I cannot vote for an increase in residential or single-family
impact fees in community parks at a time when I know the value of
property is going down, way down, and I just cannot do that.
The best I can do is to say, you leave those alone, leave them
where they are. You don't increase them at all. You know, 1 I to 12
percent increase is just unconscionable in this market, and I just
cannot accept that.
And so I'll have to vote against the motion, although I recognize
that the regional park reductions are, in some cases, not significant.
COMMISSIONER HENNING: Well, how about if! change my
motion to reflect your comments; would you second it?
COMMISSIONER COYLE: Well, I would do that if you --
would you tolerate one other possible modification? Just let me
explain it.
And the Productivity Committee has made some
recommendations about taking a look at a further reduction in the
valuations of the inventory. And if we could get our impact fee people
and the consultant to take a look at those recommendations for the
update and get that done and come back to us with a recommendation,
that would be very, very acceptable from my standpoint.
COMMISSIONER HENNING: Well, that's part of the AUIR
process, that --
COMMISSIONER COYLE: Well, no. The level of service could
very well be a part of that, and they have also suggested that we take a
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look at lowering the level of service, and I think we can do that at that
point in time.
But the process of valuing the inventories and the identification
of certain anomalies in valuing inventories for this impact fee
calculation is an important observation, and I believe that if we -- the
consultant would take a close look at that and come back to us with a
recommendation later, that would be very helpful.
COMMISSIONER HENNING: Okay. I'll make that motion.
COMMISSIONER COYLE: Would that be okay? Then I'm
onboard.
COMMISSIONER HENNING: Are you going to second it?
COMMISSIONER COYLE: I will.
COMMISSIONER HALAS: I pull my second.
CHAIRMAN FIALA: Okay. And I'll ask you to repeat that
motion in a second.
Commissioner Halas?
COMMISSIONER HALAS: Yes. I really appreciate the study
that was made here, but I think that the end result is, right now with
the proposed -- prior to the changing of the motion, with the proposal,
I think we were looking at about $104,000 decrease in impact fees.
I'm amazed at where we are. We keep putting money out. And I
always thought that growth was paying for growth, and obviously
when we go out and look at this, I don't think we'll be building any
community parks in the near future, but if we do, obviously this is
going to impact one particular commissioner in District 5.
And we've built a lot of community parks in the urban area, and I
think it's time that we look at what we're going to do for community
parks in the future. And I cannot go along with this motion.
And I'm concerned also about, again, balancing the budget when
we have to go through and throw additional moneys from ad valorem
taxes in to payoff a $600 million debt.
So I'm not sure what we're doing here. I've got some real
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concerns, looking at the $608 million debt. And I'm tired of pushing
money out the door. This is not the Federal Reserve. Thank you.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Thank you, Commissioner
Halas, for recognizing District 5 and our deficiencies.
But if I could, too -- and I agree with you mostly on this, too. The
annual debt service, $ 1.8 million, that 200-some million you're talking
about, finan- -- FY year' 1 0, adequate funds exists to be able to pay it
from the -- from the impact fees.
Financial year 12, no funds exist. We'll have to take it from ad
valorem. If this only means the difference of like a
hundred-some-thousand dollars, which is real money, if we don't have
it in impact fees, we're going to have to take it from ad valorem, and
that was never the intention of what we're doing.
We're up against the wall when it comes to our ad valorem
revenue. And as much as I am not excited about impact fees as they
exist today, this is a decrease the way it is. I can support staffs
recommendation, but I can't support the motion.
CHAIRMAN FIALA: Okay. That's Commissioner Coletta.
Commissioners Coyle?
COMMISSIONER COYLE: Well, I understand the concern of
the other commissioners on this, but let me remind you, we just
avoided $1.9 million in proposed expenditures just a few minutes ago.
There are lots of opportunities like that.
We really haven't taken a serious look at our budget. We keep
talking about how difficult it is and how much money we don't have.
And the point is, we really haven't even tried to trim back a lot of
unnecessary expenses.
So -- we've had minor reductions and we've had staff reductions,
but we still continue to have staff propose expensive capital projects
that simply don't need to be built right now. We can push those out
even further.
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So there is money to be found. There's at least a half a million
dollars of money that we're providing to defer impact fees on
affordable housing. And as far as I'm concerned, the affordable
housing problem was solved a long time ago. Do we really need to
defer $480,000 a year in impact fees? Probably not.
So what we need to do is to stop acting like the sky is falling and
start getting serious about cutting back on expenses, and I believe that
a good, close examination of these will lead us to the solution.
CHAIRMAN FIALA: Now we talked about things -- the parks
and what a great park system we have, and that is true. And we said
we don't need any more community parks.
Just so happens that the little parks in East Naples, the Eagle
Lakes Community Park, we still don't even have a community center.
Did you know that? We don't even have a place for people to run for
protection, nor do we have a community center at Sugden. We never
did get those things at all, which is -- which is okay . We've made do.
You know, they can stand under pavilions because we have some
picnic benches there.
And for about five years now, we've been planning on building a
Manatee Park, but we've never gotten that either. So I think there are
things to be built. And there are new parks to be in the planning
process.
I just -- and I'm only picking on my own area, not even yours.
And so I just wanted to throw that in.
And you, Commissioner -- were you first, Commissioner
Henning?
COMMISSIONER HENNING: You betcha.
COMMISSIONER COLETTA: Yeah, he's first.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: Age before beauty, right?
CHAIRMAN FIALA: No, you're the youngest one up here.
You're like a youngster up here yet.
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COMMISSIONER HENNING: You know, we're not going to
get any impact fees. I don't know why we're going through this
exercise. You're not going to get any impact fees.
But what you could do is just give hope. When somebody's
down, you don't want to give them that boot in the behind to get them
all the way down.
When building picks up, that's the time that you really want to
look at the true costs instead of when there is no building now.
And you know, we all recognize there are needs out there.
There's always needs. But is it really time to be looking at having
more when so many people have less?
I mean, I think it's a good proposal. Go for it, and then when--
you throw out moth balls out of community development, and that's
when you want to take a look at those fee things. Now's the time to
turn on the red light and give discounts; two for one.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I'm mystified by how you
can start out, Commissioner Henning, endorsing staffs
recommendation, then do a complete turnaround, but that's fine. I've
changed my mind many times in my life.
Can you explain to me the dilemma we're in in trying to pay back
the impact fees and where the money's going to come from?
CHAIRMAN FIALA: The debt service.
COMMISSIONER COLETTA: The debt service.
MR. WILLIAMS: Well, I think we've talked a little bit about that
on a previous agenda item. Barry Williams, parks and rec director.
We've got about another year where our reserves will take care of
our current debt. We anticipate, after a year, that we'll need to go to ad
valorem to pay that annual debt of roughly a little over $3 million.
I just wanted, if I may, just to talk a little about Commissioner
Fiala's points. And I know, Commissioner Coyle, your community
parks and the cost associated with them and the pricing is very
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favorable right now. We do have three projects out there, and
Commissioner Fiala mentioned one, Manatee Community Park, Big
Corkscrew Island Regional Park in Orangetree, and then Vanderbilt
Beach Extension Park.
And as you've said, I mean, our mentality at this point is not to
bring those projects forward or seek dollars. We are putting them out
in the ten-year window with the AUIR, so they're way out there.
They're not parks that can be built right now.
We have had conversations with the Productivity Committee
about the issue that they brought forward in that there's not going to be
any parks that are built on the coast, so there does seem to be room for
a reduction in impact fees.
What we've pointed out is that there are opportunities that come
up from time to time. Port of the Isles was a good example where that
property became available. There are other waterfront properties. And
you do have a beach and boater access issue in Collier County that
we're trying to solve. So those are properties that do emerge from time
to time.
From staffs perspective, taking the consultant's recommendation,
I mean, that's -- we did see an overall decrease in impact fees, and we
do think that's a reasonable method in adjusting.
And this is -- the fee impact study comes regularly where we
look at fee impact -- or the impact fees and determine whether they
need to be reduces or increased. So for what it's worth, just wanted to
throw that out at -- for your discussion.
CHAIRMAN FIALA: Barry, do we have any other parks besides
-- any community parks beside Eagle Lakes that doesn't have a
community center or a regional park, such as Sugden, without a
community center? Are there other parks like that?
MR. WILLIAMS: I'd have to give it some thought. As far as
having a community center, we have other parklands -- we have
neighborhood parks, obviously, that don't have community centers.
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October 27, 2009
CHAIRMAN FIALA: Not neighborhood parks. I'm talking about
a community park or regional. I believe that they're the only ones.
MR. WILLIAMS: I think you may be right.
CHAIRMAN FIALA: I think I am. Just to -- I did research it
before I asked you.
MR. WILLIAMS: You did your homework, I could tell. Yes,
ma'am.
CHAIRMAN FIALA: Right.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I think we need to be realistic
here. Let's double impact fees, okay? Let's just double them. How
many do you think you're going to get in in the next year to pay your
debt? How about that much, zero? Okay.
Now, if we cut them in half, how much are you going to lose?
Probably nothing. And you're going to be faced with the same source
of paying your debt that you would be faced with if we did nothing.
So the point is that you're not going to have general fund
revenues to pay that debt ultimately because general fund revenues are
going to go down too.
So we have to focus on real issues. We cannot continue to pump
millions of dollars into projects like beatifying a recycling facility just
because we want to, or building a community park because
somebody's been waiting for it for years, or maybe we start having to
look at property we own and exchanging that if we need additional
boat launching facilities somewhere.
We need to get real about making these decisions. Weare talking
about survival. We're not talking about, I would like to have. We're
talking about survival, and it's going to get worse next year and
probably worse after that.
So I think we need to take just a little dose of reality here. You're
not going to solve the problem with impact fees and impact fee
adjustments.
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October 27,2009
CHAIRMAN FIALA: Maybe we also need to take a little dose of
a break for our court stenographer. I hate to stop right in the middle
because I know Commissioner Coletta --
COMMISSIONER COLETTA: Yeah, I'm going to forget what I
was going to say, but that's all right.
CHAIRMAN FIALA: No, you won't.
COMMISSIONER HALAS: Why don't you let Commissioner
Coletta go. He shouldn't be that long.
COMMISSIONER COLETTA: No, I won't. I just want -- real
quick. I said -- you just heard a statement from Commissioner Coyle.
He didn't ask you a question. He made a statement. So I gather that
you know we're not going to collect any impact fees, period, in the
next year; is that correct?
MS. PATTERSON: No, that's not correct.
COMMISSIONER COLETTA: Oh, I'm sorry. I misunderstood
Commissioner Coyle. So it's not zero or half of zero?
MS. PATTERSON: No. The revenue projections contained in
this executive summary are based on the actual permitting history over
the past year only so that we could take into account the very bad
permitting level that we're at. We didn't inflate it or project it to get
better. In fact, we were very, very conservative in our approach. I can
get into further detail if --
COMMISSIONER COLETTA: And Commissioner Coyle's
right, we do have to cut back like -- we have to do away with the
limerock roads in the Estates. Oh, wait a minute. We did that. Or
maybe District 5, we ought to do away with any medium (sic)
improvements. Wait, we did that, too. Let's see. What else can we do?
Oh, let's not build Orangetree Park for a little wh- -- oh, wait. We did
that also. We're doing really great here.
I just want to thank you for the glow in the western sky. It gives
us something to look at at night. Thank you. Now let's take a break.
CHAIRMAN FIALA: Okay. We'll take a break right now.
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October 27, 2009
COMMISSIONER COYLE: Where has all of the money gone
over the past few years except to District 5?
(A brief recess was had.)
CHAIRMAN FIALA: Okay, fine. We have a motion on the floor
and a second. Would you repeat the motion?
COMMISSIONER HENNING: Motion is to approve all the
impact fees except for the raising of the community park impact fees.
COMMISSIONER COYLE: And the only other thing was to ask
the consultant to take a look at the recommendation of the productivity
committee and the next update.
COMMISSIONER HENNING: Sure.
MR. OCHS: Madam Chair, Ms. Patterson may have a slightly
different recommendation that might solve both of the concerns from
Commissioner Henning and Commissioner Coyle, if she could.
COMMISSIONER HENNING: Sure.
MS. PATTERSON: On the recommendation, leaving community
parks at the current rates, what that does is it leaves half of the
schedule that is supposed to come down, that's those three categories
with a pretty significant decrease -- we can't just pick part of the
schedule and change the rates. We have to do whatever we're going to
do to the entire rate schedule. So if we left community parks with the
current rates, we're overcharging half of the schedule. And if we tried
to reduce half the schedule, we can't do that either.
So we would need to -- whatever your decision is with
community parks, it needs to be applied throughout the entire rate
schedule.
The Productivity Committee made a recommendation that the
entire schedule be reduced by 12 percent. That would get you where
you want to be as far as a reduction in community parks and you could
still adopt the regional parks as proposed by the study, which is also a
pretty significant reduction.
COMMISSIONER COYLE: That's okay with me.
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October 27,2009
COMMISSIONER HENNING: Yeah, I mean, I'll have to change
my motion to reflect that if it's not legally possible to do what I want.
COMMISSIONER COYLE: It's okay with me.
CHAIRMAN FIALA: So you would like to change your motion
to reflect --
COMMISSIONER HENNING: The reduction of 12 percent for
community parks.
MS. PATTERSON: That's correct.
COMMISSIONER HENNING: And adopt the rest of them as
recommended by our consultant.
CHAIRMAN FIALA: And that would work?
MR. OCHS: Correct.
MS. PATTERSON: That will work.
COMMISSIONER HENNING: And do the restudy and --
COMMISSIONER COYLE: And I'll second it.
COMMISSIONER HENNING: Call the motion.
CHAIRMAN FIALA: Okay.
MR. OCHS: Clarification, please. Commissioner Henning
commented on the restudy. Can that be done as part of the annual
indexing study?
COMMISSIONER COYLE: Yes. I mean, that was my proposal,
yeah.
MR. OCHS: Because we have to come back under the ordinance
next year to index this anyhow.
COMMISSIONER HENNING: Okay, yeah.
MR. OCHS: So if you don't mind, we can incorporate into that
analysis, since we're taking the Productivity Committee
recommendation across the board on the community park impact fees
right now anyhow.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. Anyone know what the
financial impact on this is? In other words, we're talking about less
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revenue than staff recommendations in the beginning, correct?
MS. PATTERSON: That's correct.
COMMISSIONER HENNING: Do you have any idea how much
less?
COMMISSIONER COYLE: About $230,000.
COMMISSIONER COLETTA: Less.
MS. PATTERSON: Let's see. Since mine are combined revenue
-- I could probably quickly do the calculation, but it's going to be a
number between the 200 and -- the 103 was the initial decrease based
just on the proposed study. And on the Productivity Committee
recommendation, we were going to lose an additional $277,000. I'd
have to go and -- I have all of the decreases. I'd have to go and
recalculate the numbers and plug them back into the formula to see
how --
COMMISSIONER COLETTA: Okay. But still, it's a sizeable
decrease in income coming in --
MS. PATTERSON: It is.
COMMISSIONER COLETTA: -- that will have to be made up
by something else.
MS. PATTERSON: That's right.
COMMISSIONER COLETTA: Probably ad valorem. Okay. I'm
not going to do it to the people I represent.
COMMISSIONER HENNING: Call a motion.
CHAIRMAN FIALA: Steve Tindale?
MR. TINDALE: I'm -- usually I can throw numbers out pretty
quick. The community parks' like one-third the price of the regional
park. So it makes up one-third of your revenues. And then if you
reduce one-third of your revenues by 10 percent, 10 percent of a third
is 3 percent. So I think -- you know, I'll just throw up, 6 or 7 percent
reduction in revenues. I mean, I'm pretty sure of that.
So I don't think it's -- you know, that's pretty fast math, but if
you've got -- if you've got two fees, one's at $2 and one's at $1, okay,
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so that's only one-third of your revenue, and you reduced that $1 by
10 cents, it's 10 cents over $3, which is 3 percent.
So I think -- I think that recommendation reduces your gross
revenues by 5 or 6 percent. If you wanted that answer, I think -- and I
don't think I'm wrong.
COMMISSIONER COYLE: Which is about $230,000.
MR. TINDALE: So it's 10 percent -- 5 or 10 percent of whatever
your revenues are.
CHAIRMAN FIALA: So then we make that up with ad valorem?
COMMISSIONER COYLE: Oh, no, not necessarily.
MR. TINDALE: That's just what the math is.
CHAIRMAN FIALA: Well, you have to pay the debt.
COMMISSIONER COYLE: But there are other ways to do it.
MR. TINDALE: Yeah. I don't know about what you want to do,
but I think that's -- the range of the lost revenues is no more than -- 5
or 10 percent is the range. I'm not recommending it, but I think that's a
reasonable calculation.
CHAIRMAN FIALA: Commissioner Coletta, did you have a
question also?
COMMISSIONER COLETTA: No, no. I'm ready to vote.
CHAIRMAN FIALA: Did you want to say something else,
Amy?
MS. PATTERSON: No.
COMMISSIONER HENNING: No.
CHAIRMAN FIALA: Okay. I have a motion on the floor. Let's
repeat it one more time so we all know what we're voting for or
against.
COMMISSIONER HENNING: Well, the motion, Madam Chair,
is to adopt staffs recommendations all except for the community park
and give across-the-board reduction of 12 percent and come back with
the restudy to -- during the next impact fee --
MR. OCHS: Indexing.
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October 27,2009
COMMISSIONER HENNING: -- indexing.
MR. OCHS: Thank you.
CHAIRMAN FIALA: Okay. And that's what your second is?
COMMISSIONER COYLE: That was my second.
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: I knew that was going to happen
a long time ago. Why don't we just get it over with.
COMMISSIONER COLETTA: I'd like to make Henning's
original motion and approve staffs recommendations as is.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Motion to approve staffs
recommendation, and I have a second.
Discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed?
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay. That's a 3-2.
COMMISSIONER COLETTA: Coincidence.
MS. PATTERSON: Thank you.
COMMISSIONER HENNING: Why don't we talk about that for
an hour or two?
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COMMISSIONER COLETTA: Sure, okay.
CHAIRMAN FIALA: Is there something you can do about
turning some air on?
MR. OCHS: They automatically shut it down to try to save some
money, ma'am, after six p.m.
COMMISSIONER HALAS: They want us to get out of the
building.
CHAIRMAN FIALA: Okay.
Item #IOE
REQUEST APPROVAL BY THE BOARD OF COUNTY
COMMISSIONERS FOR THE CHANGE IN THE SCHEDULED
MEETINGS FOR THE 2007-2008 GROWTH MANAGEMENT
PLAN AMENDMENT CYCLE - GMP CYCLE DATES:
JANUARY 19TH 9 A.M. - 3 P.M. AND RECONVENE AT 5:05
P.M. FOR THE GOLDEN GATE CP'S; JULY 28TH GMP
ADOPTION HEARING DATE - CONSENSUS
MR. OCHS: We have -- your next item is lOE. That was
previously 16A5. It's a -- request approval by the board of a change in
the scheduled meeting from 2007/2008 Growth Management Plan
amendment cycle. This was the discussion that Commissioner Coletta
raised earlier this morning. That we moved to --
COMMISSIONER COYLE: It's what item?
MS. FILSON: It's 10E. It was removed from the consent agenda.
COMMISSIONER COYLE: No. What item was it on --
MR. OCHS: 16A5, sir.
MS. FILSON: And, Madam Chairman, I have a speaker on this.
COMMISSIONER COYLE: Wait a minute. What was it?
MR. OCHS: 16A5.
COMMISSIONER COYLE: 16A5.
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CHAIRMAN FIALA: This is the Growth Management Plan
amendment cycle. I think Commissioner Henning pulled that.
COMMISSIONER COLETTA: No, I did.
CHAIRMAN FIALA: Oh, you. Okay.
MR. OCHS: Coletta.
CHAIRMAN FIALA: I knew it was from this side.
COMMISSIONER HENNING: Who did?
COMMISSIONER COLETTA: Actually, I pulled it for one
reason, but I have two, and I'm going to go through the first one.
As I mentioned earlier during the commission -- or the comments
at the beginning of the meeting when we were approving the agenda,
this is an item of utmost importance to the people that live in Golden
Gate Estates, two of the items at least. That's the commercial center at
Wilson and Golden Gate and the commercial center on Randall.
A number of community meetings were held. There was quite a
bit of support out there for both of them; however, when it came to the
Planning Commission, because they ran everything together, a lot of
people that were here had to leave. They couldn't wait to speak. They
felt like they were left out.
I would like very much to be able to hold a meeting out in the
Estates in the evening from five to nine. Five to seven would be a time
certain for the one there at Wilson and Golden Gate, and from seven
to nine would be a time certain for the one at Randall Boulevard. And
this is important so people have time to get home from work to be able
to make the meeting to be able to interject their opinion. We haven't
done this for --
CHAIRMAN FIALA: Yeah, but if we -- if we have speakers like
today, we're going to be here still way past midnight, right?
COMMISSIONER COLETTA: Well, I think if we run the
meeting where we maybe poll the people, maybe get them to agree
with other ones, we can keep it moving forward. But the whole things
is, as Commissioner Henning said earlier today -- if I can remember
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your quote. Maybe you could tell me what it was again, about the
public -- oh, let's see. I got it right here somewhere.
COMMISSIONER HENNING: Republican believes in less
government and less spending.
COMMISSIONER COLETTA: No. You mentioned the fact how
about important it was for public input, and I took you very seriously
on that, and I really do think we need to give the public a chance to be
able to weigh in on this.
Mr. Schmitt?
MR. SCHMITT: Yes. For the record, Joe Schmitt, your
community development/environmental services division
administrator.
This is back at your direction. And what we've done is
compressed a schedule. The issue now is, what do we do on the 19th
of January.
Just so you understand, there are ten petitions total. This is your
GMP amendment cycle. And historically, at least from 2005, we
separated the GMP cycle hearings from the normal Board of County
Commissioners hearings.
You're going to get a packet probably this thick. It's three books
with --
CHAIRMAN FIALA: I hope we're going to get plenty of time to
read it.
MR. SCHMITT: And -- yes, you will have plenty of time to read
it. Now, six of those are Golden Gate Estates petitions or private
petitions, six of which involve Golden Gate Estates. Five of those are
east of 951. Two of those are the ones -- two of those -- the five are
the ones that Commissioner Coletta would like to be -- have heard in
the evening.
So it will be a full day. You'll have a full day here guaranteed,
and then we'll have to adjourn at a time suitable so that you can have
your dinner and then proceed out to re- -- reconvene at a location in
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the Estates if you so direct.
We have a couple of choices. We can work on that. A couple of
issues that have come up. One was Restoration Church, another one
was Big Cypress School or Palmetto Ridge, where we could look at
reconvening the meeting out there for those two items to discuss. And
I turn it to your direction, but --
COMMISSIONER COLETTA: If I could, Big Cypress would be
the most logical choice because it's a little bit closer at least to the
Golden Gate/Wilson one. But I'd like your serious consideration on it.
We haven't done this for a number of years.
If this wasn't such a large change from what has been the
acceptance thing in the past, I don't think it would be that important.
But in this case it's very important for the people that live out there. I
want to make sure they get every opportunity to be able to interact
with us. They can't do it during the day. They work.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HALAS: They can come in here in the
evening, can't they?
COMMISSIONER COLETTA: They could.
COMMISSIONER HENNING: Yeah. On the way out there --
there's two petitions from my district. One is in Golden Gate -- by
Golden Gate City, and you know that a lot of those people don't drive,
they don't have cars, they have to use the transit system. But they can
walk to the community center.
So if we can have the meeting before going out in Golden Gate
Estates, go to the community center and hear the residents there, and
then go on the north side of the district, because there -- I mean, a lot
of those are elderly people and they really shouldn't be driving
anyways. And they have a concern about a subdistrict out there.
So if we can have a meeting at Olde Cypress, we could probably
eat there and hearing it, and then drive out to Golden Gate Estates.
COMMISSIONER COYLE: I think that would be appropriate.
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COMMISSIONER HENNING: Yeah. Or we can have the
meeting time certain for Golden Gate Estates at 5:05 or five o'clock
p.m. here.
COMMISSIONER COYLE: Yeah. And get them all at one time.
COMMISSIONER HENNING: Why -- before they go home,
working in the urban area, they can stop by here and voice their
opinion about certain ones.
COMMISSIONER COLETTA: I'm lost.
CHAIRMAN FIALA: Now, let me just ask you a question along
that line. If we meet all day long here talking about the amendments,
are we going to be in any mood or are our nerves going to be frazzled?
Do we really want to do it all in the same day, because we would be
here -- well, like that one time we were here 13 hours, right?
COMMISSIONER COLETTA: Suggestion?
CHAIRMAN FIALA: Yes.
COMMISSIONER COLETTA: That what we do is we have a
meeting that starts at nine, goes to noon, breaks off, we got time for a
recess, handle the evening meetings, pick up again maybe with an
overflow the next day.
CHAIRMAN FIALA: That's what we're here to do, the
government business.
Yes, Commissioner Coyle?
COMMISSIONER COYLE: You know, the time of the BCC
meeting is important with respect to the schedule. Why can't we have
those dates for the BCC meeting penciled in on this schedule so we'll
know what our meeting schedule is for the regular BCC meeting in
addition to these proposed meetings?
MR. SCHMITT: There's the month of January. I don't know if
you can see those. You have a BCC meeting on the 12th. You already
have a workshop on the 13th. I believe that's the EDC workshop. That
meeting is the 19th, and you have a BCC meeting on the 26th.
Again, it's been your direction to separate the GMP amendment
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cycle because of the -- how involved that is from your normal BCC
meetings. They are not -- they are more than land use items. They are
actually amending the Future Land Use Map and the Future Land Use
Element of your Growth Management Plan.
And that will be -- I guarantee you, it's going to be an all-day
event. We did have two days scheduled. At your direction you asked
us to compress this schedule, and we compressed that schedule to try
and get the -- all the amendments through by July, and so we've done
that. And if you want to go back to the original schedule, I'll see if I
can wicker that.
COMMISSIONER COYLE: Nobody asked you to go back to
anything. I only asked you what the regular meeting schedules was for
the BCC.
MR. SCHMITT: Yes, sir.
COMMISSIONER COYLE: Okay? And I'm talking about the
entire year so that we can effectively coordinate this thing.
MR. SCHMITT: Sir, these are all coordinated with your calendar
on your schedules and the availability of this room. And we -- I work
with your staff. My staff works with your staff in coordinating your
schedules and availability to get these dates scheduled well in
advance. The original schedule was scheduled probably six to eight
months in advance.
CHAIRMAN FIALA: So on the 19th of January, as we're
looking at it here, you have a transmittal hearing that day.
MR. SCHMITT: That's correct.
CHAIRMAN FIALA: Now, you have it from 8:30 to 5:00. Could
that --
MR. SCHMITT: That's correct.
CHAIRMAN FIALA: Could we -- could we do as Commissioner
Coletta suggested and have it 8:30 to say, 1 :00, and then take the rest
of the afternoon and then be back at 5:05 to address the items that he
feels the working people need to attend, and then go from 5 :05 till
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October 27, 2009
whatever time?
MR. SCHMITT: Ma'am, I could do that, but I seriously doubt
you will finish the amendments. You have nine private petitions.
COMMISSIONER COLETTA: How about the 20th, have an
overflow?
CHAIRMAN FIALA: The 20th, we have that day free.
MR. SCHMITT: David did a lot of research on this, and I don't
even show the boardroom on the 20th available. We'd have to find out
-- whoever would be in here, they would be bumped. That's what we
do.
CHAIRMAN FIALA: That's okay. They have other rooms here.
We have other rooms that are televised and so forth.
MR. SCHMITT: And you have the Value Adjustment Board that
is jumping in on everyone. I don't know if -- Leo, if you have the dates
available, but I don't have the boardroom dates. But of course, the
board has priority, and we'll bump whoever's in here.
CHAIRMAN FIALA: Good. That's what we want to hear. Okay.
So -- because we've got to get these transmittal hearings done because
there's some things looming out there that we want to make sure don't
take place before we get all these transmittal hearings done.
So we can always let -- we can invite them to use some of the
other rooms right on the campus yet. They all are televised. They can
go to those rooms. They have plenty of room in them. So I would
appreciate it if you would see if we couldn't --
MR. SCHMITT: Well, no problem. Whoever it is will be
bumped. I just need to make sure your calendars are free.
CHAIRMAN FIALA: Okay.
MR. SCHMITT: All I want is your direction whether you want
us to hold the meeting here and have the meeting here even at night, or
do you want to adjourn the meeting here sometime that afternoon and
then reconvene out in Golden Gate for those two petitions.
CHAIRMAN FIALA: Commissioner Coletta?
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October 27, 2009
COMMISSIONER COLETTA: Well, I don't want to overdo it
with my fellow commissioners. I appreciate the evening meeting very
much. I prefer to have it out there, but if it's not doable because of
other considerations, it'd be better than not having it in the evening.
COMMISSIONER HENNING: I'm glad you understand.
COMMISSIONER COLETTA: Oh, of course I understand,
Commissioner Henning, always did.
MR. SCHMITT: Ian just advised me that from one to five on the
20th you have a CRA advisory board meeting.
CHAIRMAN FIALA: One to five, who? We do?
MR. SCHMITT: Yes, ma'am.
CHAIRMAN FIALA: The County Commission?
MR. SCHMITT: CRA advisory workshop. So you have a
workshop on the 20th that afternoon.
CHAIRMAN FIALA: So we can meet in the morning.
COMMISSIONER COLETTA: We can do both. Meet in the
morning and do the --
CHAIRMAN FIALA: Yeah. We can make things work. Let's
face it, we're all full-time commissioners and then some, and
everybody knows it. We're in meetings an awful lot, and we're here to
serve at the pleasure of the community. So if that's what it takes, do it.
Fellow board members?
COMMISSIONER COYLE: Yeah, I'm all for that, but I -- my
point has been completely forgotten, okay. We can't make these
schedules as efficient as we could make them without understanding
all of the meetings that we have, and they're not on this schedule
because you just told us about another CRA meeting.
You know, do you understand that what I want is a
comprehensive schedule of all of our meetings, and then we do what
Commissioner Fiala has suggested. We can see that we've got a
morning on the 20th. We can use that morning for something.
We've got to understand if that transmittal hearing on the 19th is
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to hear something that we have already heard and this is the final
meeting and we're ready to transmit it. Is that what that is?
MR. SCHMITT: Yes; yes, sir.
COMMISSIONER COYLE: Okay. We've already heard it.
MR. SCHMITT: No, you wouldn't -- that's going to be the first
time you've heard it. It will be voted to be transmitted to DCA at that
meeting.
COMMISSIONER HALAS: It's the first time.
COMMISSIONER COYLE: Wait a minute. Are you telling me
that I have never considered the Growth Management Plan provisions
that are going to be voted on for transmittal on that day?
MR. SCHMITT: Correct.
COMMISSIONER COYLE: That's the first time we will have
ever seen it?
MR. SCHMITT: That's correct.
COMMISSIONER COYLE: So we're going to review it for the
first time, and then we're going to decide if we're going to transmit it,
right?
MR. SCHMITT: That's correct. That's a public hearing. The
Planning Commission --
COMMISSIONER COYLE: Okay. Now, which one of these are
the ones that Commissioner Coletta would like to have in the
evenings?
MR. SCHMITT: He has a petition that's involved our in Wilson
Boulevard and Golden Gate Boulevard and another one at Randall and
Immokalee Road.
COMMISSIONER COYLE: Okay. That doesn't mean anything
to me. Which one of these meetings is it? Is it one in January?
CHAIRMAN FIALA: It's all in the same one.
COMMISSIONER HALAS: All the same one.
MR. SCHMITT: All ten are included in the same meeting.
COMMISSIONER COYLE: On the 19th of January?
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October 27,2009
CHAIRMAN FIALA: Yes.
MR. SCHMITT: Yes, sir.
COMMISSIONER COYLE: So that's the only meeting that
Commissioner Coletta's concerned about for the evening; is that
correct?
MR. SCHMITT: That's correct, just that one meeting for the
evenmg.
COMMISSIONER COYLE: Okay. Then I don't know why we
can't do that. Ifwe want to meet half the day on the 19th, come back
and do the evening meeting for Commissioner Coletta, and then take
up any unfinished business on the morning of the 20th.
MR. SCHMITT: That's fine.
COMMISSIONER HALAS: Are you talking about--
MR. SCHMITT: Proceed with that direction.
COMMISSIONER HALAS: Where's the meeting going to be
held at?
COMMISSIONER COYLE: Here.
COMMISSIONER HALAS: Oh, all right.
MR. SCHMITT: Here. You're going to do the meeting on the
19th here, we'll adjourn in the afternoon at some time to allow for
folks to reconvene. You'll all reconvene at a location in the Estates.
That's --
COMMISSIONER COYLE: No, no, no.
COMMISSIONER HALAS: No, here.
CHAIRMAN FIALA: No, no, no, right here.
MR. OCHS : We're coming back here.
MR. SCHMITT: Oh, you're going to come back here.
CHAIRMAN FIALA: Right here.
COMMISSIONER COYLE: Yeah, right here.
MR. SCHMITT: So all the meeting will be done here.
Understand.
COMMISSIONER COYLE: Yes. But we're going to do those in
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the evening that Commissioner Coletta feels are important.
MR. SCHMITT: Yes.
COMMISSIONER COYLE: Okay. So if we can get those kind
of things -- now, this is the only time that we've got that problem; is
that correct?
MR. SCHMITT: That's correct.
COMMISSIONER COYLE: Okay. It's only in January, huh?
MR. SCHMITT: Unless we do it again for adoption, but we don't
have to worry about that until July.
COMMISSIONER COYLE: Late in the year. Okay, all right.
CHAIRMAN FIALA: So Commissioner Henning, did you want
to say something here?
COMMISSIONER HENNING: Yeah. I make a motion that we
approve it with the caveat --
CHAIRMAN FIALA: Sue just said, speaker, speaker.
MR. ANDERSON: (Waves hand.)
CHAIRMAN FIALA: Waive, waive, okay. Speaker waives.
Go ahead, Commissioner Henning.
COMMISSIONER HENNING: Can we start it at one and do the
Golden Gate Estates stuff after -- after five?
COMMISSIONER HALAS: We're going to start at nine in the
mornmg.
COMMISSIONER HENNING: Pardon me? You want to start at
nine in the morning?
COMMISSIONER HALAS: Yeah, because you've got ten items.
You've got ten items that we never heard yet.
COMMISSIONER COYLE: Well, yeah, but my suggestion was,
start it in the morning at nine o'clock. We're going to have to adjourn
in mid afternoon though, you know, and --
COMMISSIONER HENNING: Okay. All right. That's my
motion.
COMMISSIONER COYLE: Then if we don't finish up those ten
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items, we take them up on Wednesday morning on the 20th.
CHAIRMAN FIALA: Right.
MR. SCHMITT: If you stay here, I think you will get through
them all on the 19th, I think. But they're very lengthy. Six -- again, six
of those petitions involved Golden Gate Estates.
COMMISSIONER COYLE: But remember, we're not going to
start at nine in the morning and then go right straight on through into
an evening meeting.
CHAIRMAN FIALA: We've got to have time for dinner.
COMMISSIONER COYLE: That's right. That's right.
MR. SCHMITT: We will adjourn at--
COMMISSIONER COYLE: At around three o'clock.
MR. SCHMITT: At a time that you're --
COMMISSIONER COYLE: And if we're not finished at three
o'clock, we can do it the morning of the 20th.
MR. SCHMITT: I will schedule the 20th as a carryover. The 20th
-- the morning of the 20th is carryover.
COMMISSIONER COYLE: Okay.
CHAIRMAN FIALA: Good. You've got a whole bunch agreeing
with you.
COMMISSIONER COLETTA: We're seconding your motion.
COMMISSIONER COYLE: Good, good. Now, can we take a
look at July, the July schedule?
COMMISSIONER COLETTA: Vote on this one.
COMMISSIONER COYLE: This one's okay. I mean, that's -- I
mean, we know what we want to do now, right?
COMMISSIONER HENNING: Yeah.
COMMISSIONER COLETTA: Yeah, but did you want to -- we
have to have a motion and a second and a vote or no?
COMMISSIONER HALAS: No, you got nods.
COMMISSIONER COLETTA: Okay.
COMMISSIONER COYLE: Yeah.
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CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: No, that's the September.
MR. SCHMITT: Normally adoption hearings go much quicker
and, of course, you only hear those items in the adoption that are
transmitted. If they're not transmitted, you don't rehear them again.
COMMISSIONER COYLE: Okay. But I just want to see the July
schedule now.
COMMISSIONER HENNING: No. We're doing it in September,
according to the front page of the executive summary.
COMMISSIONER COYLE: I just want to look at July.
CHAIRMAN FIALA: July's the CCPC. July is just CCPC.
COMMISSIONER HALAS: July 20th.
COMMISSIONER COYLE: Okay. But we've got meetings in
July, too. We should have.
MR. SCHMITT: July 29th, I believe, is the day after your board
meeting.
MR. MITCHELL: That's the 20th.
COMMISSIONER HENNING: Oh, I see that.
CHAIRMAN FIALA: July 20th is the adoption, but it says
CCPC, not BCC.
MR. SCHMITT: No. On Page 2 of your executive summary
shows July 29th.
CHAIRMAN FIALA: Oh.
MR. SCHMITT: You have a board meeting on the 27th.
COMMISSIONER HALAS: Oh, yeah, right there.
COMMISSIONER COYLE: Board meeting is on the 27th, and
the 28th is a carryover day?
MR. MITCHELL: No. On the 28th you've got your GMP
meeting.
COMMISSIONER COYLE: Oh. The 28th is a GMP meeting.
CHAIRMAN FIALA: Revised and compressed.
COMMISSIONER HENNING: 29th.
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COMMISSIONER COYLE: And then there's an adoption
hearing on the 29th; is that the way it works? Or we got something
messed up here?
MR. SCHMITT: Right now my executive summary shows the
29th. There --
CHAIRMAN FIALA: Okay.
MR. SCHMITT: Ian -- it is the day after the board meeting.
MR. MITCHELL: The board meeting's the 27th and the GMP
meeting's the day after, because we agreed that you would have --
COMMISSIONER COYLE: So it should be the 28th.
MR. SCHMITT: The 28th.
MR. MITCHELL: The 28th.
COMMISSIONER COYLE: So that has to be changed?
MR. SCHMITT: Right. That's not a problem. We can deal with
that. I just need to know so I can let the petitioners know so we
advertise. You will reconvene here at five or at six? I want to make
that clear.
COMMISSIONER COLETTA: Five.
MR. SCHMITT: Five o'clock here.
CHAIRMAN FIALA: And four people need to be -- I mean, we
have to have all five commissioners here for that; is that correct?
Because you need a four vote on all of these things?
MR. SCHMITT: Three to transmit.
CHAIRMAN FIALA: Three to -- yeah, but this is adoption in
July.
MR. SCHMITT: July would be adoption. You need four to
adopt.
CHAIRMAN FIALA: So you need four votes, right?
MR. SCHMITT: Four to adopt, that's correct.
CHAIRMAN FIALA: I just wanted to make sure so everybody
understands what the parameters are here, okay.
COMMISSIONER HALAS: So Coyle can't fly his airplane out
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west.
COMMISSIONER COYLE: It only takes one day to do that.
CHAIRMAN FIALA: Okay. Does everybody have it clear on
this subject? Do we need to have a vote, or is it all -- everybody's just
in agreement? We need to have a vote? No, we're good with the nods.
COMMISSIONER COYLE: Good.
CHAIRMAN FIALA: Very good. Staff understand, or staff
approves --
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: Staffs clear with all that.
COMMISSIONER COYLE: And it changed that July 29th to
July 28th, right? Everybody got that?
CHAIRMAN FIALA: Well, as long as that's the correct date.
COMMISSIONER COYLE: Yeah. No.
CHAIRMAN FIALA: They said -- Ian said that the 27th was the
board meeting.
MR. SCHMITT: 27th is the board meeting. July would be the
28th GMP amendment meeting.
COMMISSIONER COYLE: That would be the adoption
hearing?
MR. SCHMITT: Adoption hearing.
COMMISSIONER COYLE: And so the July 29th date here is
incorrect, so change that to 28.
MR. SCHMITT: And your calendars are correct. We know that.
COMMISSIONER COYLE: Okay.
CHAIRMAN FIALA: Okay.
MR. SCHMITT: And again, the July meeting, it will depend on
what is transmitted before we worry about what's scheduled in July,
what meetings -- or what petitions are scheduled.
CHAIRMAN FIALA: Very good.
COMMISSIONER COYLE: Okay.
CHAIRMAN FIALA: Yes, Commissioner?
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October 27, 2009
COMMISSIONER COLETTA: Well, if we're through with that,
I've got one other thing that I wanted to ask Joe Schmitt about.
CHAIRMAN FIALA: On this subject?
COMMISSIONER COLETTA: No. Slightly different subject,
same item though, same agenda item.
CHAIRMAN FIALA: Okay, go ahead.
COMMISSIONER COLETTA: Mr. Schmitt?
MR. SCHMITT: Yes.
COMMISSIONER COLETTA: Immokalee Master Plan. I'm
getting all sorts of panic letters from Immokalee. Is there a big
problem taking place that I should be aware of?
COMMISSIONER HALAS: Fred Thomas.
COMMISSIONER COLETTA: Oh, God. I didn't mean to do it to
you this late.
MR. SCHMITT: Well, as far as we're concerned, the Immokalee
Master Plan schedule is as shown in your document. We're continuing
with the scheduled dates unless the Immokalee CRA Advisory Board
or the petitioner requests an extension.
But we sent them -- and David, correct me -- a 27-page
sufficiency review on corrections, and sufficiency data that needs to
be submitted. They have to resubmit by the 30th of the month.
I have a scheduled meeting with the EAC in December and a
Planning Commission meeting in January.
We plan on meeting those dates, and we will send the petition to
the public meetings whether it's complete or not. We will have to
address the issues during the public hearing. But the schedule is on
track.
As far as we're concerned, it will be as -- the schedule as you
directed and as you approved.
COMMISSIONER COLETTA: Thank you, sir. Thank you.
CHAIRMAN FIALA: Okay, good. Now let's see. What else do
we have on here?
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October 27,2009
COMMISSIONER HENNING: Public comment.
Item # 11
PUBLIC COMMENT
MR. OCHS: Commissioner, you have public comment.
CHAIRMAN FIALA: We have somebody -- we have public out
there, don't we?
COMMISSIONER COYLE: We've got Bruce Anderson.
MS. FILSON: I have no one --
COMMISSIONER COLETTA: Bruce Anderson.
MS. FILSON: I have no one registered for public comment.
COMMISSIONER HALAS: The Bruce Anderson.
CHAIRMAN FIALA: Oh, okay. Very good.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Okay. That moves us to Item 15, ma'am.
CHAIRMAN FIALA: 15, we've finished this. 15 is us, isn't it?
MR. OCHS: Communications, yes.
CHAIRMAN FIALA: Okay. Communications. And we'll start
with you, County Manager?
MR. OCHS: Thank you, and I'll be brief. I spoke a little bit this
morning about the board's potential interest in a workshop with the
Foreclosure Task Force and other stakeholders in the community, and
I'm looking for three nods or more from the commission about an
interest in a workshop there, and I can work with Ian to try to get that
on your calendars.
COMMISSIONER COLETTA: Yes.
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October 27,2009
CHAIRMAN FIALA: I see a couple nods already. Okay, great.
MR. OCHS: And the rest ofthis will keep. Thank you.
CHAIRMAN FIALA: County Attorney?
MR. KLATZKOW: Nothing, ma'am.
CHAIRMAN FIALA: Okay. Let's see. Let's start with
Commissioner Henning.
COMMISSIONER HENNING: Yeah. You know, Jim Mudd is
very much a part of all of us, all our lives, and if we can kind of get
some update of what's going on, you know, how he's doing and what's
the best way to communicate with him.
And, of course, I know that everybody, including the community,
has their prayers, has Jim Mudd in their prayers. So -- and then I have
one other thing.
MR. DeLONY: Good evening, Commissioners. Jim DeLony,
your public utilities administrator.
Mr. Mudd's doing fine.
COMMISSIONER HENNING: Good.
MR. DeLONY: And hanging tough. He's out of town this week,
got a bit of a head cold, but I think he's doing fine.
I find that the best way to communicate with him is either
through the manager's office, because he has a -- he's still cleaning out
a couple things in the files, and so he's usually around. And if you
have anything for him personally, you can always get in touch with
myself or Mr. Ochs.
COMMISSIONER HENNING: I will call you tomorrow.
MR. DeLONY: Sir, I'll look forward to that call.
COMMISSIONER HENNING: Great.
And the next thing is a previous conversation we had at the
Board of Commissioners about an article that was in the Collier
Citizens and our meeting. I spoke to the author of that article.
What it was -- and I went back to the meeting, and it was an item
on our agenda, and the Chairperson asked Sue, well, how many
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speakers do we have? And Sue said ten. And you said, okay, that's it.
We're going to cut it off right at ten.
And the perception was, if you, you know, stand back and view
it, is, all right, we're limiting speakers on items, which we don't.
What we do is just, when the item starts, whoever's signed up for
it, that's who gets to speak. But you've been very courteous today, and
I commend you for that, for involving the public on items.
CHAIRMAN FIALA: And I hope I'm always courteous
involving the public.
COMMISSIONER HENNING: Well, you know, I'm getting
older, you know. I can't remember everything.
So the hallmark of good government is public participation. So --
and all the items that we did today, we -- before making up our mind
or any indications on how we're going to go, we listen to the public.
So good job.
CHAIRMAN FIALA: Thanks. I was wishing I could have made
the meeting go a little bit faster. I was feeling a little bit bad about
that, but I'm glad you said that because that makes me feel a little bit
better.
We all -- I think every one of us agree that we always want to
hear from the public. And this year my approach has been whenever
the item is heard, first we hear from the petitioner, then we hear from
staff, and then before we start talking we let the public speak first.
And I figured that's best because then we hear what the public has to
say before we start deliberating. And it seems to have worked, and I
was hoping that it moved the meetings along a little bit.
But yeah, we've never -- we've never limited the number of
people. We have stopped them once the subject has started so we don't
have people continuing to come up.
COMMISSIONER HENNING: Right.
CHAIRMAN FIALA: But -- and I always notify them first so
that -- you know, in case they're there, they can get their speaker slips
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October 27,2009
in. I don't want to stop them if they're -- like today when they were
standing there. But thank you for noting that. I appreciate that.
COMMISSIONER HENNING: We just need to limit the
discussion up here.
CHAIRMAN FIALA: Yeah, we could do that. You know what,
somebody gave me a timer at one point in time. I still have it. Yes, we
get a little lengthy, don't we?
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. And I'm glad
you brought the subject up, because the meeting we're going to be
going through in January with people coming from the Estates is
going to have to start at five. We have to start it early enough to be
able to finish those two items, five to nine.
I hoping that the chair will allow people to be able to sign up for
the first part of the meeting a little bit later than five because they're
going to be coming home from work at five. They might not be
coming in here till 5:30 or so, and take that into consideration. I
suggested five so we weren't going to be here late at night. Actually,
six o'clock would have been a better time, but who wants to stay here
till ten?
CHAIRMAN FIALA: And I'm not going to be chair then, you
know.
COMMISSIONER COLETTA: Oh.
CHAIRMAN FIALA: I mean, we'll already have a new chairman
by that time, and that will be -- Mr. Patience --
COMMISSIONER COYLE: There will only be three speakers.
CHAIRMAN FIALA: -- will be our chairman then.
COMMISSIONER COLETTA: Well, I'm not going to take any
chances and say anything else.
CHAIRMAN FIALA: That's probably smart.
Commissioner Coyle?
COMMISSIONER COYLE: Yes, only one thing. I know that
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October 27,2009
Leo is looking into ways to make sure that our visitors who are
coming down for the winter are not overwhelmed by traffic tickets for
red light running, and he's looking for ways to make sure people are
properly informed that cameras are enforcing that sort of thing.
And I wonder if we could put out some of the signs we use for
construction advisories and things like that, put a few ofthose on
major -- in the areas where this is being done to warn people that -- to
come to a full stop and that it is enforced by camera or video
surveillance or whatever, and give them a chance to be informed so
that they don't develop a really bad --
CHAIRMAN FIALA: Taste in their mouth.
COMMISSIONER COYLE: -- attitude concerning this.
But I'll tell you, more and more cities are doing this. Orlando has
-- is making widespread use of the camera system, and their fine is
$239, and there's no -- there's no warning or anything else.
And that's a lot oftraffic. If you can imagine all of the people
driving around in Orlando, that's a lot of traffic, a lot of tickets. And
people have just sort of gotten used to it. They're obeying the traffic
laws, and there's not as many traffic fines as there was in the
beginning. So it's beginning to work out, and I hope that's what
happens here, it trails off and we don't have a lot of them.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yes. My concern is that maybe
we're going to have to raise the fines for these traffic infractions since
there's a group in Naples called the 5th Avenue Group who are
looking seriously at trying to get the Chicago Cubs down here. And it
amazes me that the county hasn't been involved in this episode yet,
because I'm sure that they're going to try to come in here and say, oh,
boy, everybody is in favor of this, you guys have to come up with the
money to build the stadium, provide the land, and everything else.
And I hope that people realize that -- how good it may sound, this
is not the time to bring forth a project of this nature.
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October 27,2009
So I hope that people have cooler heads in regards to trying to
push this effort forward unless somebody else is going to take care of
it.
Now, what bothered me was the fact that it says it was
public/private. And when you say public, that means funds coming
from the government.
Now, ifthere's -- ifthere's groups out there, venture capital
groups, I welcome them to get involved in this, and anybody else. But
as far as making it a public thing, I got a problem with that at this
point in time.
CHAIRMAN FIALA: I just happen to know a little bit about
that. Actually we spoke about it yesterday morning at the TDC
meeting. Murray Hendel has been -- has been more or less the kingpin
in guiding this thing. And one of the things the TDC told him right
from the start, right from the get-go is, you want to build something --
he's very excited about it. He said, great, but we're not going to -- we
don't have any money.
I assured them we didn't have any from the BCC. TDC said they
didn't have any money. Murray said, but would you consider it if I got
all the money from private investors? We said, yeah.
COMMISSIONER HALAS: Go after it.
CHAIRMAN FIALA: We said, yeah, if you can do that, great.
Of course, nobody believed it. Here he's back four months later and
he's got the money pledged, or at least that's what he thinks.
And so he talked about public/private -- we wanted to know what
public/private meant then because we felt, you know, does that all of a
sudden mean -- he said, no --
COMMISSIONER HALAS: That's right.
CHAIRMAN FIALA: No, a committee. And so then one of the
board members asked to tell them what he meant by the public people
on the committee, and it's nobody from our county. It's the public
outside, just for the public comment. He wanted -- he wants to put
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October 27, 2009
together a committee of about 15 people to more or less guide them.
Now, when asked about this, he said, no funds whatsoever would
go to building this stadium nor buying the land, but when questioned a
little bit further about the maintenance, he said, I didn't say
maintenance. So there are still things to be questioned here. And --
look at Marla. But at least this is -- this is where he is about now.
So being that you asked that question, I thought I'd just chime in.
Yes, Commissioner Coyle?
COMMISSIONER COYLE: You raised a question, ifI could just
ask a question. Somewhere along the line I read that the county
attorney had -- was looking into whether or not the TDC and/or any
other subcommittee thereof should be asking for or recommending
such an action to the Board of County Commissioners. Did you pursue
that at all, Jeff?
MR. KLA TZKOW: My view is that until this board acts, this is a
noncounty matter.
COMMISSIONER COYLE: Okay.
MR. KLA TZKOW: I mean, until you give direction to the TDC
that you want them to look at it or set up a separate committee, which
would -- I would recommend, rather than using the TDC --
COMMISSIONER COYLE: Yeah.
MR. KLATZKOW: -- that it's just people meeting. It's not a
county function at this point in time.
COMMISSIONER COYLE: Well, the problem here is that if
TDC people are meeting, it's a Sunshine Law violation.
MR. KLATZKOW: Yes, it is.
COMMISSIONER COYLE: Okay. And that's what we want to
avoid. We do not want this project to be named Stadium Naples. And
it is very important that members of the TDC conduct themselves in
accordance with the Sunshine Law.
CHAIRMAN FIALA: I don't believe he's meeting with anybody
from TDC about this, by the way.
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October 27, 2009
COMMISSIONER COYLE: Well, I don't know, and I didn't
suggest they were.
CHAIRMAN FIALA: Well, you know what? I don't either. I'm
saying that --
COMMISSIONER COYLE: We don't know who is on the
committee. We haven't been informed of that, I don't think. And it's --
it is irregular that TDC members are -- or a member is beginning to
get involved in something that the board has not directed.
And I'll say something to you right now, and I think the folks in
the back will agree. There is no way that a baseball stadium can be
built in Collier County without the involvement of Collier County
Government, okay. You've got all sorts of issues involved with site
planning, site location, infrastructure availability, traffic patterns,
compatibility, all of those kinds of things. It is absolutely insane for
anybody to presume that they can make a decision about locating a
baseball stadium in Collier County without involving the county.
So I am -- I'm a little bit more concerned about it now than I was
before.
CHAIRMAN FIALA: We're just looking for a battery with this
thing so that we can, you know --
COMMISSIONER COYLE: You know, I'll just keep count here.
COMMISSIONER HALAS: Okay. I just -- I wanted to get it out
there on the table.
COMMISSIONER COYLE: Yep, that's good.
CHAIRMAN FIALA: Okay.
COMMISSIONER COLETTA: Motion to adjourn.
CHAIRMAN FIALA: No, I haven't had a chance yet. I wanted to
chime in with something Commissioner Coyle said, and I wanted to
totally agree with him about welcoming our tourists into town and our
winter residents. I've said this quite a few times, and I just want to say
this again, we all need to be courteous and respectful and welcome
them because they're going to be the people who are going to put our
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October 27, 2009
people back to work, and they're going to be the -- they're going to
have the dollars that will start breathing some new life into our funds,
and we have to remember to treat them respectfully and let them know
that we welcome them.
And I say that, yesterday as I was pulling out of here, guys
beeping on their horn, our own people, you know, and really making a
nuisance of themselves.
COMMISSIONER HALAS: Sure it wasn't from New York?
CHAIRMAN FIALA: No, it wasn't. And, you know, we have to
remember to let them know that we're glad that they're here because
they're going to make our economy, and with all of the extra dollars
we're putting into tourism advertising, hopefully we get a lot more
people here, let them know that we appreciate them.
Second thing I wanted to talk to you about is proclamations. In
the last few years we've seen a number of proclamations steadily
increasing. And in fiscal 2006, we awarded 57 proclamations. In 2009,
we awarded 113. The number seems to be increasing, and so I've
asked -- I wanted to ask if the board would allow me to direct the
county attorney and Ian Mitchell to draw up a document giving
guidance and giving us parameters to be met as to how we will issue
proclamations in the future.
COMMISSIONER HALAS: Sure.
CHAIRMAN FIALA: I just had somebody call me yesterday and
ask if -- there's a really nice lady who's been very generous, and they
asked if I -- if we could have a proclamation to celebrate her birthday.
Well, that's nice and she's a wonderful lady, but, you know, we
just have to draw some lines someplace.
I know with the business, when the Big Cypress came in, I had a
couple people say, you know, I've got a business that's hurting, too.
Why can't we have proclamations? We have to be really careful about
that.
So I'm asking for your agreement that we have the county
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October 27,2009
attorney and Ian Mitchell produce a document for discussion and
approval.
COMMISSIONER COYLE: You've got my support.
COMMISSIONER HALAS: Yes.
CHAIRMAN FIALA: Okay. I see a lot of nods.
COMMISSIONER COLETTA: Sure.
CHAIRMAN FIALA: Thank you very much. That's it for me,
folks.
COMMISSIONER HENNING: Motion to adjourn.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: I have a motion and a second for
adjournment. All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Good night.
****Commissioner Halas moved, seconded by Commissioner Coyle
and carried unanimously that the following items under the Consent
and Summary Agendas be approved and/or adopted ****
Item #16Al
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR TURNER WATER MAIN - WITH A RELEASE OF ANY
UTILITIES PERFORMANCE SECURITY (UPS)
Item #16A2
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October 27, 2009
RESOLUTION 2009-249: ROADWAY (PRIVATE) AND
DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF
MEDITERRA PARCEL 105 WITH THE ROADWAY AND
DRAINAGE IMPROVEMENTS BEING PRIV A TEL Y
MAINTAINED - WITH THE RELEASE OF THE
MAINTENANCE SECURITY
Item #16A3
RESOLUTION 2009-250: ROADWAY (PRIVATE) AND
DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF
MEDITERRA PARCEL 106 WITH THE ROADWAY AND
DRAINAGE IMPROVEMENTS BEING PRIVATELY
MAINTAINED - WITH THE RELEASE OF THE
MAINTENANCE SECURITY
Item #16A4
RESOLUTION 2009-251 : ROADWAY (PRIVATE) AND
DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF
MEDITERRA PARCEL 118, WITH THE ROADWAY AND
DRAINAGE IMPROVEMENTS BEING PRIV A TEL Y
MAINT AINED - WITH THE RELEASE OF THE
MAINTENANCE SECURITY
Item # 16A5 - Moved to Item # 1 OE (During Agenda Changes by
Commissioner Henning)
Item #16A6
RELEASE AND SA TISF ACTIONS OF LIEN FOR PAYMENTS
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October 27,2009
RECEIVED FOR CODE ENFORCEMENT ACTIONS - WITH A
RECORDING COST TOTALING $130.00
Item #16A7
SETTLEMENT PROVIDING FOR COMPROMISE AND
RELEASE OF LIENS IN THE CODE ENFORCEMENT ACTION
ENTITLED DEUTSCHE BANK TRUST CO., CEB NO.
2007080008 RELATING TO PROPERTY LOCATED AT 2414
58TH AVENUE NE, NAPLES, FLORIDA- WAIVING $47,319.19
IN FINES AS PART OF A NEGOTIATED SETTLEMENT
Item #16A8
ADVERTISE A PROPOSED ORDINANCE ADOPTING THE
FLORIDA BUILDING CODE 2007 EDITION, AND PURSUANT
TO THE AUTHORITY GRANTED BY SECTION 553.80(3),
FLORIDA STATUTES, ADDING CERTAIN EXEMPTIONS TO
PERMITTING REQUIREMENTS PURSUANT TO SECTION
105.2 OF THE 2007 FLORIDA BUILDING CODE RELATING TO
ADDITION, ALTERATIONS, OR REPAIRS PERFORMED BY A
PROPERTY OWNER ON HIS OR HER PROPERTY, AND
PROVIDING FOR REPEAL OF ORDINANCE NO. 2002-01 IN
IT'S ENTIRETY
Item # 16A9
ADVERTISE A PROPOSED AMENDMENT TO ORDINANCE
NO. 82-3, AS CODIFIED IN SECTION 14-2 OF THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES, TO REMOVE
THE PROHIBITION AGAINST THE POSSESSION, SALE,
IMPORTATION OR RELEASE (INTO COUNTY WATERS) OF
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October 27,2009
TILAPIA
Item #16AI0
WAIVER OF THE APPLICABLE TIME CONSTRAINTS AND
FEES FOR A TEMPORARY USE (TU) PERMIT FOR THE
PLACEMENT OF TEMPORARY BANNERS AND ON-SITE/OFF-
SITE DIRECTIONAL SIGNS TO ANNOUNCE THE LOCATION
OF IMMUNIZATION CENTERS IN RESPONSE TO THE
FEDERALLY DECLARED PANDEMIC (HINl VIRUS) AS A
NATIONAL PUBLIC HEALTH EMERGENCY - LOCATED AT
THE SOON TO BE VACATED K-MART SITE IN FREEDOM
SQUARE PLAZA OFF ROUTE 9511COLLIER BOULEVARD
AND US 411EAST TAMIAMI TRAIL AND THE NORTH
COLLIER REGIONAL PARK
Item #16Bl
AGREEMENT FOR THE CONVEYANCE OF RIGHT-OF-WAY
AND OTHER EASEMENT PARCELS NECESSARY FOR THE
CONSTRUCTION OF OIL WELL ROAD (FISCAL IMP ACT:
$2,146) - LOCATED AT SEGMENT 4, FROM OIL WELL
GRADE ROAD TO CAMP KEAIS ROAD
Item # 16B2
TERMINA TE THE CONTRACT A WARDED TO BIG TREE,
INC., FOR BID #09-5194 COLLIER COUNTY RIGHT-OF-WAY
(ROW) AND MEDIAN MOWING AND MAINTENANCE
ANNUAL CONTRACT IN THE AMOUNT OF $124,240.00 - PER
DEF AUL T AS ALLOWABLE UNDER THE CONTRACT AND A
LETTER SENT IN BY BIG TREE, INC.
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October 27, 2009
Item # 16B3
PURCHASE OF A FEE SIMPLE ROAD RIGHT-OF-WAY
PARCEL AND A TEMPORARY CONSTRUCTION EASEMENT
WHICH ARE REQUIRED FOR CONSTRUCTION OF THE
COLLIER BOULEVARD WIDENING PROJECT. PROJECT NO.
68056 (FISCAL IMP ACT: $32,250.00) - CHANGING THE
PROJECT FROM FOUR LANES TO SIX LANES BETWEEN
GREEN BOULEVARD AND GOLDEN GATE BOULEVARD
Item #16B4
THIRD AMENDMENT TO THE OCTOBER 14, 2003,
COMP ANION AGREEMENT TO THE OCTOBER 22, 2002,
SABAL BAY DEVELOPMENT CONTRIBUTION AGREEMENT
FOR ROAD IMP ACT FEE CREDITS PROVIDING FOR A
CHANGE IN LAND CONVEYANCE MEANS FOR PORTIONS
OF THE LEL Y AREA STORMW A TER IMPROVEMENT
PROJECT (PROJECT NO. 51101) - THE REAL PROPERTY IS
NECESSARY TO COMPLETE THE CONSTRUCTION OF THE
LEL Y AREA STORMW A TER IMPROVEMENTS WITHIN THE
SABLE BAY DEVELOPMENT
Item #16B5
PAYMENT OF ATTORNEY FEES AND EXPERT WITNESS
FEES INCURRED BY DR. GERALD AND MRS. ROSEMARY
BROWN IN DEFENSE OF THE TAKING OF A PORTION OF
THEIR PROPERTY FOR THE COLLIER BOULEVARD SIX-
LANING PROJECT (FROM GREEN BOULEVARD TO GOLDEN
GA TE BOULEVARD). PROJECT NO. 68058, PARCEL NOS.
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October 27,2009
170FEE AND 170TCE (FISCAL IMPACT: $22,879.25) - FOR THE
ACQUISITION OF THE EASTERN 35 FEET OF THE PROPERTY
AS WELL AS ANOTHER 5 FEET FOR A TEMPORARY
CONSTRUCTION EASEMENT AND FOR COSTS INCURRED
AFTER STAFF & ENGINEERS REDESIGNED THE PROJECT,
DELETING THE NEED FOR THE BROWN'S PROPERTY
Item #16B6
TEMPORARY RIGHT OF ENTRY TO CONSTRUCT A
CONNECTING SIDEWALK FOR A BUS SHELTER ON A .004
ACRE PORTION OF LAND ALONG THE EXISTING RIGHT OF
WAY ON U.S. 41 AT THE WATERSIDE SHOPS ON PINE RIDGE
ROAD. PROJECT NO. 60083 (FISCAL IMP ACT: $0) - IN
ACCORDANCE WITH ADA REQUIREMENTS THE
FOUNDATION MUST BE TIED INTO AN EXISTING
SIDEWALK
Item #16B7
WORK ORDER IN THE AMOUNT OF $269,010.00 TO POST,
BUCKLEY, SCHUH & JERNIGAN, INC. (PBS&J) UNDER
CONTRACT #06-3969 FIXED TERM PROFESSIONAL
ENGINEERING SERVICES UTILIZING THE BEST VALUE
OFFER (BVO #06-3969-9) FOR DESIGN AND PERMITTING OF
THE LEL Y AREA STORMW A TER IMPROVEMENT PROJECT
(LASIP) NAPLES MANOR DITCH AND US 41 DITCH DESIGN
(PROJECT NO. 51101)
Item #16B8
AMENDMENTS TO THE STAFF SERVICES AGREEMENT BY
Page 284
October 27,2009
AND BETWEEN THE COLLIER METROPOLITAN PLANNING
ORGANIZATION (MPO) BOARD AND THE COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS AND TO AUTHORIZE
THE CHAIRMAN TO SIGN THE AMENDED AGREEMENT -
TO ALLOW CHANGE FOR CHANGE IN SECTION 3.04
(TRAVEL EXPENSES) TO REFLECT THE MPO'S PER DIEM
AND MILEAGE RATE
Item #16B9
PAYMENT OF ATTORNEY FEES AND EXPERT WITNESS
FEES INCURRED BY TANIA CANTIN AND MIGUEL DEL
POZO IN DEFENSE OF THE TAKING OF A PORTION OF
THEIR PROPERTY FOR THE COLLIER BOULEVARD SIX-
LANING PROJECT (FROM GREEN BOULEVARD TO GOLDEN
GATE BOULEVARD). PROJECT NO. 68056, PARCEL NOS.
161FEE AND 161TCE (FISCAL IMPACT: $4,980) - THE
APPROVED PURCHASE AGREEMENT DATED AUGUST 21,
2009 PROVIDED ONLY THE PURCHASE FOR THE THEN
PROPOSED RIGHT-OF-WAY WITHOUT MENTION OF THE
ATTORNEY AND REAL EST A TE APPRAISER FEES
Item #16Cl
RESOLUTION 2009-252: RESOLUTION TO APPROVE THE
SATISFACTIONS OF LIENS FOR SOLID WASTE
RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS
RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN
FULL FOR THE 1993, 1994, 1995 AND 1996 SOLID WASTE
COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENT. FISCAL IMPACT IS $68.50 TO RECORD THE
SA TISF ACTIONS OF LIENS
Page 285
October 27,2009
Item # 16C2
SATISFACTION FOR A CERTAIN WATER AND/OR SEWER
IMPACT FEE PAYMENT AGREEMENT. FISCAL IMPACT IS
$18.50 TO RECORD THE SATISFACTION OF LIEN - FOR
FOLIO #63000160000 LOCATED AT 6600 DUDLEY DRIVE
Item # 16C3
AGREEMENT NO. 4600001904 WITH THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT FOR THE CONTINUED
COLLECTION OF SURF ACE WATER QUALITY SAMPLES IN
COLLIER COUNTY IN THE AMOUNT OF $210,000 - FOR
ANOTHER THREE YEARS FOR WATER QUALITY
MONITORING PROGRAM WITHIN THE BIG CYPRESS BASIN
Item #16C4
AMENDMENT TO THE FLORIDA INNOVATIVE WASTE
REDUCTION AND RECYCLING GRANT AGREEMENT IG8-09,
THE COLLIER COUNTY SEASONAL AND YEAR ROUND
BUSINESS "HOW TO RECYCLE" VIDEOS GRANT, FROM THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION TO PROVIDE PORTABLE RECYCLING
CONTAINERS
Item #16Dl
SUBRECIPIENT AGREEMENT PROVIDING FOR A $111,802.00
HOUSING AND URBAN DEVELOPMENT (HUD) GRANT TO
THE CITY OF NAPLES FOR IMPROVEMENTS TO THE RIVER
Page 286
October 27,2009
PARK COMMUNITY CENTER - INCLUDING AN UPGRADED
SOUND SYSTEM FOR THE COMMUNITY CENTER, AN
INTERCOM SYSTEM FUNCTIONING BOTH INDOOR AND
OUTDOOR, TWO ADDITIONAL AIR CONDITIONING
SYSTEMS, UPGRADING THE FLOORING AND A DRINKING
FOUNTAIN FOR THE CENTER LOCATED AT 301 11TH ST.
NORTH
Item #16D2
ACCESS EASEMENT AGREEMENT WITH CARIBBEAN
VENTURE OF NAPLES, LLC EXTENDING AN EXISTING
EASEMENT OVER COUNTY PROPERTY TO CONSTRUCT A
DUAL PURPOSE PUBLIC ACCESS ROAD EXTENDING FROM
AN EXISTING EASEMENT TO THE PROPOSED COUNTY
PARK AND PRIVATE DEVELOPMENT FOR A TOTAL
REVENUE OF $1,480.00 - CVN WILL ALSO MAINTAIN THE
ROADWAY AT NO COST TO THE COUNTY
Item #16D3
TWELVE (12) LIEN AGREEMENTS FOR DEFERRAL OF 100%
OF COLLIER COUNTY IMP ACT FEES FOR OWNER
OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
LOCATED IN COLLIER COUNTY - FOR THE FOLLOWING
LOTS AND DEFERRAL AMOUNTS: LIBERTY LANDING LOT
48, $14,987.08; NAPLES MANOR LAKES LOT 25 BLOCK 3,
$29,641.30; NAPLES MANOR LAKES LOT 26 BLOCK 3,
$29,641.30; NAPLES MANOR LAKES LOT 15 BLOCK 14,
$29,641.30; TRAIL RIDGE LOT 82, $22,325.96; TRAIL RIDGE
LOT 67, $22,325.96; LIBERTY LANDING LOT 58, $14,987.08;
LIBERTY LANDING LOT 39, $12,442.46; LIBERTY LANDING
Page 287
October 27, 2009
LOT 45, $12,442.46; LIBERTY LANDING LOT 64, $14,987.08;
TRAIL RIDGE LOT 183, $22,325.96; TRAIL RIDGE LOT 188,
$22.325.96
Item #16D4
FY 10 CONTRACT BETWEEN COLLIER COUNTY AND THE
STATE OF FLORIDA DEPARTMENT OF HEALTH FOR
OPERATION OF THE COLLIER COUNTY HEALTH
DEPARTMENT IN THE AMOUNT OF $1,720,100-
AUGMENTING THE LEVEL OF PUBLIC HEALTH SERVICES
PROVIDED TO THE RESIDENTS OF COLLIER COUNTY
Item #16D5
SUBRECIPIENT AGREEMENT WITH ST. MATTHEWS HOUSE,
INC. PROVIDING FOR A $110,424 HOUSING AND URBAN
DEVELOPMENT (HUD) CONTINUUM OF CARE (COC) GRANT
TO SUPPORT WOLFE APARTMENTS - AS PART OF THE
HOMELESS ASSISTANCE FUNDING
Item # 16D6
SUBRECIPIENT AGREEMENT WITH THE SHELTER FOR
ABUSED WOMEN & CHILDREN (SA WCC) PROVIDING FOR A
$113,000 HOUSING AND URBAN DEVELOPMENT (HUD)
CONTINUUM OF CARE (COC) GRANT TO AID WITH THEIR
DAY TO DAY OPERATIONS AND SUPPORTIVE SERVICES OF
SAWCC - AS PART OF THE HOMELESS ASSISTANCE
FUNDING
Item #16D7
Page 288
October 27, 2009
SUMMARY OF THE IMPACT FEE DEFERRAL AGREEMENTS
RECOMMENDED FOR APPROVAL IN FYI0, INCLUDING THE
TOTAL NUMBER OF AGREEMENTS APPROVED, THE TOTAL
DOLLAR AMOUNT DEFERRED AND THE BALANCE
REMAINING FOR ADDITIONAL DEFERRALS IN FYI 0 - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16D8
AMENDING THE NEIGHBORHOOD ST ABILIZA TION
PROGRAM ADMINISTRATIVE PLAN. THE AMENDED PLAN
MODIFIES CERTAIN POLICIES AND PROCEDURES TO
IMPROVE GRANT PERFORMANCE AND INCORPORATES
CHANGES ENACTED BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
Item #16D9
AGREEMENT BETWEEN COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AND THE AREA AGENCY ON
AGING OF SOUTHWEST FLORIDA, INC. AND APPROVE
BUDGET AMENDMENTS TO REFLECT AN OVERALL
INCREASE OF $100,416 IN THE OLDER AMERICANS ACT
PROGRAM - FOR IN-HOME SUPPORT SERVICES PROVIDED
FOR THE COUNTY'S FRAIL ELDERLY
Item #16DI0
SAFE HAVENS: SUPERVISED VISITATION AND SAFE
EXCHANGE GRANT IN THE AMOUNT OF $350,000 BETWEEN
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
Page 289
October 27,2009
AND THE UNITED STATES DEPARTMENT OF JUSTICE,
OFFICE ON VIOLENCE AGAINST WOMEN AND APPROVE
THE NECESSARY BUDGET AMENDMENT TO RECOGNIZE
THE REVENUE - ALLOWING FOR ENHANCED SECURITY
AND EXPANSION OF CENTER SERVICES
Item #16Dl1
REAL EST A TE CONVEYANCE AGREEMENT BETWEEN
COLLIER COUNTY AND THE DAVID LAWRENCE MENTAL
HEAL TH CENTER, INC., TO CONVEY A PORTION OF
COUNTY OWNED LAND LOCATED AT 425 1ST STREET
NORTH, IMMOKALEE, ATNO COST TO THE DAVID
LAWRENCE CENTER
Item #16D12
A CONTRACT AMENDMENT FOR THE DISASTER
RECOVERY INITIATIVE (DRI) SUBRECIPIENT AGREEMENT
BETWEEN THE HOUSING DEVELOPMENT CORPORATION
OF SOUTHWEST FLORIDA INC. (F.K.A. COLLIER COUNTY
HOUSING DEVELOPMENT CORPORATION) AND COLLIER
COUNTY. THIS CONTRACT AMENDMENT WILL UPDATE
THE CURRENT PROJECT WORK SCHEDULE AND ADD A
PREVIOUSL Y APPROVED ITEM TO THE PROJECT'S BUDGET
- FOR HURRICANE HARDENING PROJECTS
Item #16D13
CHANGE ORDER #3 TO CONTRACT #09-5114, NAPLES
STATION MUSEUM PHASE III TO WHITE GENERAL
CONSTRUCTORS, INC., IN THE AMOUNT OF $129,820 TO
Page 290
October 27, 2009
COMPLETE HISTORICAL RESTORATION AND RENOVATION
OF THE NAPLES DEPOT MUSEUM - INCLUDING AN ADA
ACCESSIBLE RAMP, INSTALLING ADDITIONAL
ELECTRICAL SYSTEMS, OUTLETS, TRACK LIGHTING,
INTERIOR FINISHES, REPLICATION OF ELEVEN ORIGINAL
WOODEN DOORS, ALONG WITH OTHER MINOR REPAIRS
Item #16D14 - Withdrawn (Per Agenda Change Sheet)
A WARD OF RFP #09-5247 AND AGREEMENT BETWEEN
COLLIER COUNTY AND RECREATION FACILITIES OF
AMERICA, INC., FOR FOOD & BEACH CONCESSIONS AT
TIGERT AIL BEACH - 490 HERNANDO DRIVE, MARCO
ISLAND
Item #16D15
CHANGES TO GRANT FUNDED, OWNER-OCCUPIED
AFFORDABLE HOUSING PROGRAMS ADMINISTERED BY
THE HOUSING AND HUMAN SERVICES DEPARTMENT.
THESE CHANGES WILL MODIFY PROGRAM DOCUMENTS,
EXP AND ELIGIBILITY CRITERIA AND AMEND PROGRAM
PROCEDURES - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16El
CONTRACT WITH THE SOUTHWEST FLORIDA WORKFORCE
DEVELOPMENT BOARD, INC. TO ALLOW THE
REIMBURSEMENT OF TRAINING EXPENSES THROUGH THE
EMPLOYED WORKER TRAINING PROGRAM IN AN AMOUNT
NOT TO EXCEED $54,550 AND APPROVES THE NECESSARY
Page 291
October 27,2009
BUDGET AMENDMENT FOR THE PUBLIC UTILITIES
DIVISION - FOR 87 EMPLOYEES TO ATTEND ONE OR MORE
OF 8 INDIVIDUAL TRAINING PROGRAMS RELATED TO THE
SAFE AND EFFICIENT OPERATIONS OF COLLIER COUNTY
UTILITY OPERATIONS
Item #16E2
AGREEMENT TO PROVIDE THE ALL KIDS PLAY
FOUNDATION OF CORKSCREW COMMUNITY INC., A
FLORIDA NON-PROFIT ORGANIZATION, A MAXIMUM
EXPENDITURE OF $5,000.00 FROM THE GAC LAND TRUST
FOR THE REIMBURSEMENT OF SITE DEVELOPMENT
EXPENSES THAT AROSE DURING THE CONSTRUCTION OF
THE BOUNDLESS PLAYGROUND LOCATED AT BIG
CORKSCREW ELEMENTARY SCHOOL AND APPROVE
NECESSARY BUDGET AMENDMENT - FOR THE PURCHASE
OF MATERIALS AND EQUIPMENT TO FACILITATE
UNFORESEEN CONSTRUCTION EXPENSES ASSOCIATED
WITH THE PROJECT
Item #16E3
BUDGET AMENDMENTS TO APPROPRIATE FUNDS
CARRIED FORWARD FROM FY 2009 FOR THE COMPLETION
OF INFORMATION TECHNOLOGY PURCHASES IN THE
AMOUNT OF $82,741.50
Item #16E4
RESOLUTION 2009-253: RESOLUTION REVISING THE
BOARD OF COUNTY COMMISSIONERS POLICY FOR
Page 292
October 27,2009
OPERATION OF LAKE TRAFFORD MEMORIAL GARDENS,
BY ADDING A CREMATION POLICY FOR UNCLAIMED AND
INDIGENT DECEASED IN COLLIER COUNTY
Item # 16E5
SUB RECIPIENT AGREEMENT WITH THE CHILDREN'S
MUSEUM OF NAPLES PROVIDING AMERICAN RECOVERY
AND REINVESTMENT ACT (ARRA) ENERGY EFFICIENCY
AND CONSERVATION BLOCK GRANT (EECBG) FUNDING IN
THE AMOUNT OF $250,000 FOR ENERGY SAVINGS AND
RENEW ABLE ENERGY PROJECTS - THE IMPROVEMENTS
INCLUDE LIGHTING, ELECTRICAL, MECHANICAL,
RENEWABLE ENERGY AND PLANNING INITIATIVES
Item # 16E6
RESCIND AWARDED BID #09-5170 "PURCHASE AND
DELIVER CHEMICALS FOR PUBLIC UTILITIES" TO KEY
CHEMICAL INC. AND KING LEE CHEMICALS INC. DUE TO
THE COMPANIES' INABILITY TO FULFILL REQUIRED
CONTRACTUAL POLLUTION LIABILITY INSURANCE
REQUIREMENTS
Item #16Fl
BUDGET AMENDMENTS - FOR ISLES OF CAPRI AND
YOUTH RELATED PROGRAMS AT CAMP DISCOVERY
Item #16F2
AGREEMENT BETWEEN COLLIER COUNTY AND THE
Page 293
October 27,2009
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
ACCEPTING A GRANT AWARD FOR $105,806 FOR
EMERGENCY MANAGEMENT PROGRAM ENHANCEMENT
AND APPROVE THE ASSOCIATED BUDGET AMENDMENT-
ENHANCING THE EXISTING PROGRAMS BY PURCHASING
EQUIPMENT AND HIRING ADDITIONAL PERSONNEL
Item # 16F3
RESOLUTION 2009-254: RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2009-2010 ADOPTED BUDGET
Item #16F4
MEMORANDUM OF AGREEMENT BETWEEN COLLIER
COUNTY AND THE COLLIER COUNTY HEALTH
DEPARTMENT TO COORDINATE THEIR COLLECTIVE
EFFORTS IN PROVIDING ADULT AND CHILDHOOD HINl
IMMUNIZA TIONS, MEDICAL DIRECTION AND
ENHANCEMENT OF COMMUNITY EMERGENCY RESPONSE
CAPABILITIES -PARAMEDIC PARTICIPATION RELATED TO
THE ADMINISTRATION OF IMMUNIZATIONS WILL BE
DOCUMENTED ONCE THE TRAINING AND REVIEW OF
POLICIES AND PROCEDURES ARE COMPLETE
Item #16Gl
COMMERCIAL BUILDING IMPROVEMENT GRANT
AGREEMENT(S) BETWEEN THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY AND A GRANT
Page 294
October 27, 2009
APPLICANT(S) WITHIN THE BA YSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AREA (3248
BA YSHORE DRIVE)
Item # 16G2
COMMERCIAL BUILDING IMPROVEMENT GRANT
AGREEMENT(S) BETWEEN THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY AND A GRANT
APPLICANT(S) WITHIN THE BA YSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AREA (1695
COMMERCIAL DRIVE)
Item #16G3
LANDSCAPE IMPROVEMENT GRANT AGREEMENT(S)
BETWEEN THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY AND A GRANT APPLICANT(S)
WITHIN THE BA YSHORE GA TEW A Y TRIANGLE
COMMUNITY REDEVELOPMENT AREA (2957 ORANGE
STREET)
Item #16G4
BA YSHORE GA TEW A Y TRIANGLE COMMUNITY
REDEVELOPMENT AGENCY (CRA) APPROVE THE
SUBMITTAL OF THE ATTACHED PRE-DISASTER
MITIGATION GRANT APPLICATION TO THE FEDERAL
EMERGENCY MANAGEMENT AGENCY FOR A PROJECT TO
IMPROVE STORMW A TER DRAINAGE ALONG
SHADOWLA WN DRIVE AND FRANCIS AVENUE; TO
AUTHORIZE THE CRA EXECUTIVE DIRECTOR, OR HIS
Page 295
October 27,2009
DESIGNEE, TO ELECTRONICALLY SUBMIT THE GRANT
APPLICA TION REQUESTING AN AMOUNT OF $305,906.25 TO
THE FEDERAL EMERGENCY MANAGEMENT AGENCY
Item #16Hl
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE COUNCIL FOR HISPANIC
BUSINESS PROFESSIONALS GALA HISP ANOS UNIDOS ON
OCTOBER 24, 2009 AT THE NAPLES BEACH CLUB IN
NAPLES, FL. $75.00 TO BE PAID FROM COMMISSIONER
FIALA'S TRAVEL BUDGET - LOCATED AT 851 GULF SHORE
BOULEVARD
Item #16H2
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE MILITARY OFFICERS
ASSOCIATION DINNER ON OCTOBER 17, 2009 AT THE
ROYAL PALM COUNTRY CLUB IN NAPLES, FL. $28.00 TO BE
P AID FROM COMMISSIONER FIALA'S TRAVEL BUDGET -
LOCA TED AT 8060 GRAND LEL Y BOULEVARD, NAPLES
Item #16H3
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE WILL ATTEND THE NATIONAL SOCIETY
DAUGHTERS OF THE AMERICAN REVOLUTION
FUNDRAISER ON NOVEMBER 20, 2009 AT THE COUNTRY
Page 296
October 27,2009
CLUB OF NAPLES IN NAPLES, FL. $25.00 TO BE PAID FROM
COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT
185 BURNING TREE DRIVE
Item #16H4
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING AT A FUNCTION SERVING A VALID
PUBLIC PURPOSE. SHE ATTENDED THE SEACREST KEY
CLUB INDUCTION OF CHARTER MEMBERS ON OCTOBER
14,2009 AT SEACREST COUNTRY DAY SCHOOL IN NAPLES,
FL. $10.00 TO BE PAID FROM COMMISSIONER FIALA'S
TRAVEL BUDGET - LOCATED AT 585 PARK STREET
Item #16H5
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE WILL ATTEND THE SHELLS CLUB OF
NAPLES BUSINESS MEETING ON NOVEMBER 5, 2009 AT
THE PLAYERS CLUB AND SPAIN NAPLES, FL. $21.00 TO BE
P AID FROM COMMISSIONER FIALA'S TRAVEL BUDGET -
LOCATED AT 8060 GRAND LEL Y DRIVE
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 297
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
October 27,2009
I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
I) Airport Authority:
Minutes of August 10,2009.
2) Animal Services Advisorv Board:
Minutes of August 18,2009.
3) Clam Bay Advisory Board
Minutes of August 13, 2009.
4) Collier County Code Enforcement Board:
Minutes of August 27, 2009.
5) Collier County Planning Commission:
Minutes of August 6, 2009.
6) Contractors Licensing Board:
Minutes of August 19,2009.
7) County Government Productivity Committee:
Agenda of April 15,2009; April 29, 2009; May 20, 2009;
June 17,2009; August 19, 2009.
Minutes of April 15,2009; April 29, 2009; May 20, 2009;
June 17,2009; August 19,2009.
8) Development Services Advisory Committee:
Minutes of August 5, 2009, including FORM 8B by George
Hermanson dated August 5, 2009 and FORM 8B by Robert Mulhere
dated August 5, 2009; September 2,2009.
9) Forest Lakes Roadway and Drainage Advisorv Committee:
Agenda of September 16, 2009.
Minutes of August 19,2009.
10) Golden Gate Community Center Advisorv Committee:
Minutes of February 4,2008.
11) Hispanic Affairs Advisorv Board:
Minutes of November 20, 2008.
12) Historical/Archaeological Preservation Board:
Minutes ofJune 17,2009.
13) Immokalee Beautification Advisorv Committee:
Agenda of September 23,2009.
Minutes of August 26, 2009.
14) Land Acquisition Advisorv Committee:
Minutes of July 13,2009.
IS) Lely Golf Estates Beautification Advisorv Committee:
Agenda of September 17, 2009.
Minutes of August 20, 2009.
16) Library Advisorv Board:
Agenda of August 19, 2009; September 16, 2009.
Minutes of June 17,2009; August 19,2009.
17) Parks and Recreation Advisory Board:
Minutes of August 19, 2009.
18) Pelican Bay Services Division Board:
Agenda of July 13,2009; August 5, 2009.
Minutes of July 13,2009; August 5, 2009.
19) Radio Road Beautification Advisorv Committee:
Agenda of September 15, 2009.
Minutes of August 25, 2009.
B. Other:
1) Code Enforcement Special Magistrate:
Minutes of September 4, 2009.
October 27,2009
Item # 1611
DISBURSEMENTS FOR THE PERIOD OF OCTOBER 5, 2009
THROUGH OCTOBER 9, 2009 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #1612
BUDGET AMENDMENT FOR $1,520.89 AND RECOGNIZE
INTEREST EARNED IN SUPERVISOR OF ELECTIONS VOTER
EDUCATION GRANT - FOR VOTER EDUCATION AND
OUTREACH ACTIVITIES
Item #1613
PURSUANT TO FLORIDA STATUTE 318.18(13)(B) THE CLERK
OF THE CIRCUIT COURT IS REQUIRED TO FILE THE
AMOUNT OF TRAFFIC INFRACTION SURCHARGES
COLLECTED UNDER FLORIDA STATUTE 318.18(13)(A)(1)
WITH THE BOARD OF COUNTY COMMISSIONERS
Item #16J4
DISBURSEMENTS FOR THE PERIOD OF OCTOBER 12, 2009
THROUGH OCTOBER 19, 2009 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J5
BOARD OF COUNTY COMMISSIONERS ADOPTS AND
SUPPORTS THE ATTACHED POSITION PAPER AS PART OF
COLLIER COUNTY'S 2010 STATE LEGISLATIVE PRIORITIES
Page 298
October 27,2009
AS REQUESTED BY THE SUPERVISOR OF ELECTIONS - FOR
A PAPER BASED VOTING SYSTEM BE IN PLACE FOR
PERSONS WITH DISABILITIES AND A REQUEST TO EXTEND
THE UNFUNDED MANDATE TO THE YEAR 2016
Item #16Kl
AN AGREED ORDER AWARDING EXPERT FEES FOR
PARCEL 125 IN THE CONDEMNATION ACTION STYLED
COLLIER COUNTY V. ROBERT J DERR, ET AL., CASE NO. 03-
2196-CA, GOLDEN GATE PARKWAY PROJECT NO. 60027
(FISCAL IMPACT: $6,942.50)
Item # 16K2
STIPULA TED FINAL JUDGMENT IN THE AMOUNT OF
$10,700 FOR PARCEL 168 IN THE LAWSUIT STYLED COLLIER
COUNTY V. THOMAS F. SALZMANN, ET AL., CASE NO. 03-2550-
CA (GOLDEN GATE P ARKW A Y PROJECT 60027) (FISCAL
IMPACT $9,507.80)
Item # 16K3
STIPULA TED FINAL JUDGMENT IN THE AMOUNT OF $9,545
FOR PARCEL 172 IN THE LAWSUIT STYLED COLLIER
COUNTY V. BEVERLY J GATTI, ET AL., CASE NO. 03-2551-CA
(GOLDEN GATE P ARKW A Y PROJECT 60027) (FISCAL
IMPACT $6,781.25)
Item #16K4
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
Page 299
October 27,2009
$98,865.00 FOR PARCELS 110FEE/TCEl/TCE2/DE IN THE
LAWSUIT STYLED COLLIER COUNTY V. ROBBIE 1. RAYBURN,
ET AL., CASE NO. 07-4268-CA (SANTA BARBARA
BOULEVARD EXTENSION PROJECT #60091) (FISCAL
IMPACT $48,810.45)
Item #16K5
PROPOSED JOINT MOTION FOR AGREED ORDER TAXING
ATTORNEYS FEES AND COSTS FOR PARCELS 737R, 937R,
738R, 838, 938R, 746R, AND 946R IN THE CONDEMNATION
ACTION STYLED COLLIER COUNTY V. CHRIS A.
STONEBURNER AND JOSEPH D. BONNESS III, AS TRUSTEES
OF THE WILLOW RUN LAND TRUST, ET AI., CASE NO. 05-
1036-CA, SOUTH COUNTY REGIONAL WATER TREATMENT
PLANT (SCRWTP) 20 MGD WELLFIELD EXPANSION
PROJECT #70892 (FISCAL IMPACT: $45,000)
Item #16K6
ADVERTISE A PROPOSED AMENDMENT TO ORDINANCE
NO. 08-47, WHICH ADDRESSES REQUIREMENTS FOR NON-
CONSENT LAW ENFORCEMENT TOWING OF VEHICLES,
PRIVATE PROPERTY TOWING OF VEHICLES, STORAGE OF
VEHICLES AND MAXIMUM CHARGEABLE FEES BY TOW
TRUCK COMPANIES, TO INCLUDE PROVISIONS
CONCERNING THE IMMOBILIZATION OF VEHICLES
(BOOTING) ON PRIVATE PROPERTY AND TO FURTHER
CLARIFY LANGUAGE IN THE ORDINANCE
Item #16K7
Page 300
October 27,2009
THE REPORT REGARDING THE LEGAL EFFECT AND
APPLICATION OF FLORIDA STATUTE 212.055(8) (SENATE
BILL NO.1 000, THE EMERGENCY FIRE RESCUE SERVICES
AND FACILITIES SURTAX)
Item #17A
RESOLUTION 2009-255: PETITION V AC-PL2009-651, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND
THE PUBLIC'S INTEREST IN A DRAINAGE EASEMENT OVER
TRACT C02, AS DESIGNATED, AND ACCORDING TO THE
PLAT THEREOF KNOWN AS SILVER LAKES, PHASE TWO-F,
A SUBDIVISION AS RECORDED IN PLAT BOOK 33, PAGES 37
& 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, SITUATED IN SECTION 10 & 15, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND
BEING MORE SPECIFICALLY DESCRIBED IN EXHIBIT A
Item #17B - Continued to the November 10,2009, BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS ADOPTS AN ORDINANCE AMENDING
CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES (THE COLLIER COUNTY
CONSOLIDA TED IMP ACT FEE ORDINANCE) BY PROVIDING
FOR THE INCORPORATION, BY REFERENCE, OF THE
IMPACT FEE STUDY ENTITLED COLLIER COUNTY TRIP
CHARACTERISTICS STUDY MINE LAND USE, AMENDING
SCHEDULE ONE OF APPENDIX A TO REFLECT THE NEW
MINE LAND USE CATEGORY AND IMPACT FEE RATE AND
PROVIDING FOR A DELAYED EFFECTIVE DATE OF
Page 301
October 27,2009
FEBRUARY 1,2010 IN ACCORDANCE WITH THE NOTICE
PERIOD REQUIREMENTS OF SECTION 163.31801(3)(D)
FLORIDA STATUTES; THIS ACTION IS IN FOLLOW-UP TO
THE DIRECTION PROVIDED BY THE BOARD OF COUNTY
COMMISSIONERS ON JUNE 23, 2009
Item #17C
RESOLUTION 2009-256: PE-PL2009-260: COLLIER COUNTY
AIRPORT AUTHORITY REPRESENTED BY D. WAYNE
ARNOLD OF Q. GRADY MINOR AND ASSOCIATES, P.A., IS
REQUESTING A PARKING EXEMPTION PURSUANT TO THE
COLLIER COUNTY LAND DEVELOPMENT SECTION
4.05.02.K.3. THE PARKING EXEMPTION SEEKS APPROVAL
TO ALLOW CONSTRUCTION OF A NEW PARKING LOT
WITHIN THE RESIDENTIAL PUD KNOWN AS THE MARCO
SHORES PUD TO SERVE EMPLOYEES AND PATRONS OF
THE MARCO ISLAND EXECUTIVE AIRPORT. SUBJECT
PROPERTY IS LOCATED ON A 1 ACRE TRACT WITHIN
SECTION 26, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA (CTS)
Item #17D
ORDINANCE 2009-55: ADOPTING REVISIONS TO THE LAND
DEVELOPMENT CODE (ORDINANCE NO. 04-41) TO
CORRECT A SCRIVENERS ERROR RELATING TO
TEMPORARY SIGNS, TO COMPLETE THE RECENT
REVISIONS TO THE COLLIER COUNTY SIGN CODE
(ORDINANCE NO. 09-43) ADOPTED BY THE BOARD OF
COUNTY COMMISSIONERS AT A PUBLIC HEARING ON
JULY 28, 2009
Page 302
October 27,2009
Item #17E
ORDINANCE 2009-56: ORDINANCE TO AMEND ORDINANCE
NO. 2004-50, THE COLLIER COUNTY NON-RESIDENTIAL
RECYCLING ORDINANCE
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 7:01 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALSIEX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL ISTRICTS UNDER ITS CONTROL
~d~~
IALA, Chairman
ATTEST;,,,,,
DWIGH}\ie;~CK, CLERK
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2~' :,;Y /.;t,"o,,; r
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'l~"'\';i. ...... .
These'\nl~t~jpprove9-by the Board on I ~-r DEcEM~E<2.- ,2q:):>
as presented / or as corrected .
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 303