BCC Minutes 01/12/2010 R
January 12,2010
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, January 12,2010
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
VICE-CHAIR: Frank Halas
Tom Henning
Jim Coletta
ALSO PRESENT:
Leo Ochs, County Manager
Jeffrey A. Klatzkow, County Attorney
Michael Sheffield, Assistant County Manager
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
January 12,2010
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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January 12, 2010
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 VERBA TIM 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 IMP AIRED 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 today's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
B. December I, 2009 - BCC/Regular Meeting
C. December 15,2009 - BCC/Regular Meeting
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 5 Year Attendees:
1) David Dunnavant, Development Services Advisory Committee
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January 12, 2010
2) George Hermanson, Development Services
B. 10 Year Attendees:
1) Marco A. Espinar, Development Services Advisory Committee
2) Blair A. Foley, Development Services Advisory Committee
3) John L. Pennell, Ochopee Fire Control District Advisory Committee
4. PROCLAMATIONS
A. Proclamation recognizing Retrofit Southwest Florida. To be accepted by Jeff
Johnson, Executive Director, Retrofit Southwest Florida.
B. Proclamation designating January 18 - 24, 2010 as Purple Martin Week. To
be accepted by Tom Burgess.
C. Proclamation congratulating Hodges University for their 20th anniversary.
To be accepted by Dr. Terry McMahan, President and Joe Turner, Public
Relations Coordinator.
5. PRESENTATIONS
A. Recommendation to recognize Deborah Farris, Senior Property Acquisition
Specialist, Transportation Engineering & Construction Management
Department as Employee of the Year for 2009.
B. Selection of Chairman and Vice-Chairman.
6. PUBLIC PETITIONS
A. Public petition request by Robert Pritt to discuss amending GMP, Urban
Mixed-Use District, Davis Boulevard-County Barn Road Mixed-Use
Subdistrict.
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January 12, 2010
B. Public petition request by Nick Lichter on behalf of Queens Park
Community Services Association, Inc., to discuss removal of exotic plants
from Hawaii Lake located in Queens Park.
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 reauires that all participants be sworn in and ex parte
disclosure be provided by Commission members. V A-PL2009-1162, Elke
Remmlinger-Behnke, as Trustee ofthe Bernd Schoenherr 1998 Irrevocable
Trust, represented by Karen Bishop ofPMS, Inc. of Naples, is requesting
two after-the-fact variances for an existing screened pool enclosure that is an
accessory structure to a single family dwelling. The first request is for a
variance of 2.5 feet from the required rear yard setback of 15 feet as
provided for in Section 8.16 of the Kings Lake Planned Unit Development
(Ordinance Number: 82-52) to allow the existing accessory structure to
remain at 12.5 feet from the rear property line. The second request is for a
variance of 2.41 feet from the required side yard setback of 7.5 feet as
provided for in Section 8.16 of the Kings Lake Planned Unit Development
(Ordinance Number: 82-52) to allow the existing accessory structure to
remain at 5.09 feet from the side property line. The subject .26 acre property
is located at 2454 Kings Lake Boulevard, in the Kings Lake Unit 3, in Plat
Book 13, Pages 33 and 34 of the Public Records of Collier County, in
Section 7, Township 50 South, Range 26 East, Collier County, Florida.
8. ADVERTISED PUBLIC HEARINGS
A. This matter. which was orh!:inally advertised for January 12. 2010. has
been readyertised for January 26. 2010. and will be heard on such date.
This item reauires that all participants be sworn in and ex parte
disclosure be provided by Commission members: PUDA-PL2009-781:
Craig T. Bouchard of Tennis Realty, LLC represented by Michael R.
Fernandez, AICP of Planning Development Inc., is requesting an
amendment to the Naples Bath and Tennis Club Planned Unit Development
(PUD) (Ord. No.8] -61) to revise the site development plan approval process
for the transient lodging facilities accessory use and adding development
standards for transient lodging facilities, by amending the development plan
cover page; by amending Section II, Project Development, Subsection
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January 12,2010
2.3.B.; by amending Section IV, Tract B: Recreational Club Development,
Subsection 4.3.B.3); by amending Section IX. Development Standards,
adding Section 9.12, Transportation Improvements and any other
stipulations or regulations that may result from the amendment process
pertaining to transient lodging facility units within the 20 acre Tract B of the
153.7 acre project. The subject property is located on the west side of
Airport-Pulling Road, between Pine Ridge Road and Golden Gate Parkway
in Section 14, Township 49S, Range 25E, Collier County, Florida. (CTS)
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Affordable Housing Advisory Committee.
B. Appointment of members to the Golden Gate Community Center Advisory
Committee.
C. Appointment of members to the Collier County Code Enforcement Board.
D. Appointment of members to the County Government Productivity
Committee.
E. Appointment of members to the Collier County Citizens Corps.
10. COUNTY MANAGER'S REPORT
A. Recommendation to review and approve the projects proposed for the
Collier County Fiscal Year 2011 Federal Legislative Agenda which will be
presented to the Congressional Delegation in Washington, D.C. for federal
funding consideration. (Debbie Wight, Assistant to the County Manager)
B. Report to the Board identifying key financial elements impacting the FY
2011 budget policy including taxable values, millage rates, agency debt
structure and other potential economic or legislative influences. (Mark
Isackson, Corporate Financial Planning and Management Services, County
Manager's Office)
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January 12,2010
C. Status report and request for further direction on proceeding with a
comprehensive efficiency study. (Kim Grant, Corporate Planning and
Performance Improvement, County Manager's Office)
D. To provide an update on the Conservation Collier Programs feral hog
management activities at Pepper Ranch Preserve and recommend that the
Board direct the County Manager, or his designee, to continue with feral hog
management as outlined in the Pepper Ranch Preserve Interim Management
Plan. (Melissa Hennig, Principal Environmental Specialist, Facilities
Management)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item continued from the December 15. 2009 BCC Meeting.
Recommendation to authorize the County Attorney to advertise and bring
back for Board consideration an Ordinance establishing the Habitat
Conservation Plan Advisory Committee to assist the Board of County
Commissioners in determining the feasibility of developing and
implementing a Habitat Conservation Plan to protect red-cockaded
woodpeckers in the North Belle Meade Overlay area.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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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
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January 12, 2010
1) Recommendation to approve final acceptance of the water utility
facility for The Galleria of Trade Center.
2) Recommendation to accept a Proposed Settlement providing for
Compromise and Release of Lien in the Code Enforcement Action
entitled Grisel Diaz, Case No. 2007040121 relating to property
located at 1119 Madison A venue West, Immokalee, Florida. (Revenue
Received $23,378.14)
3) Recommendation to approve, and authorize the Chairman to sign, two
Satisfactions of Lien, related to impact fees, for two multi-family
buildings at Heritage Bay, due to the deferred impact fees being
repaid in full or replaced by individual deferrals related to specified
units and qualified program participants, in accordance with the
Affordable Housing Impact Fee Deferral Program, as set forth by
Section 74-401 of the Collier County Code of Laws and Ordinances.
4) Recommendation to award Bid #10-5361, Demolition of Commercial
Residential and Commercial Structures to Southwest Builders, Inc.
and Gruelle Construction, Inc.
5) Recommendation to approve final acceptance of the water and sewer
utility facilities for Tamiami Square.
6) Recommendation to direct the County Manager or his designee to
amend the Consolidated Code Enforcement Ordinance (Number
2007-44), as reflected on the attached proposed amended ordinance,
in order to clarify provisions relating to hearing and processing of
citations before the Special Magistrate, and to advertise and bring
back an amended ordinance.
B. TRANSPORTATION SERVICES
1) Recommendation to approve the purchase of a Perpetual, Non-
exclusive, Road Right-of-Way, Drainage and Utility Easement (Parcel
337RDUE) containing 3,600 square feet, which is required for the
four-Ianing of Golden Gate Boulevard between Wilson Boulevard and
DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $2,330.00).
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January 12.2010
2) Recommendation to approve the purchase of 5 acres of unimproved
property which is required for the construction of a stormwater
retention and treatment pond for Phase I of the Vanderbilt Beach
Road Extension Project. Project No. 60168, Phase I (Fiscal Impact:
$181,400.00).
3) Recommendation to approve the purchase of two temporary
construction and access easements (Parcel Nos. 138TCAEI and
I 38TCAE2) and a drainage, access and maintenance easement (Parcel
No. I 38DAME) required for the construction of stormwater
improvements known as the Lely Main Canal East-West phase of the
Lely Area Stormwater Improvement Project. (LASIP Project No.
5110 1.) Estimated fiscal impact: $190,356.50.
4) Recommendation to approve the purchase of two temporary
construction easements (Parcel Nos. I 39TCE I and I 39TCE2) and two
drainage, access and maintenance easements (Parcel Nos. 139DAME
and I 42DAME) required for the construction of stormwater
improvements known as the Lely Main Canal East-West phase of the
Lely Area Stormwater Improvement Project. (LASIP Project No.
51101.) Estimated fiscal impact: $102,788.50.
5) Recommendation to approve the purchase of 1.64 acres of
unimproved property which is required for the construction of the
right-of-way corridor for Phase II of the Vanderbilt Beach Road
Extension Project. Project No. 60168, Phase II (Fiscal Impact:
$41,780.00).
6) To obtain the Board of County Commissioners approval to purchase
unimproved property which is required for the construction of a
stormwater retention and treatment pond associated with Phase II of
the Vanderbilt Beach Road Extension project. (Project #60168)
(Fiscal Impact $21,740)
7) Recommendation to approve a Resolution authorizing an Amendment
to the Traffic Signal Maintenance and Compensation Agreement
between the Florida Department of Transportation and Collier County
producing additional annual compensation to the County of $2,239
with 3% annual escalations.
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January 12,2010
8) Recommendation to approve Change Order #1 Earthtech Enterprises,
Inc. for #09-5189 Forest Lakes MSTU Projects F45/F50 Drainage
Swale Repair & Restoration in the amount of$37,924.43.
9) Recommendation to approve transfer fee waiver for Public
Transportation service provided along Immokalee Road between
Creekside and North Collier Hospital and to report on minor route
changes in preparation to the arrival of larger new 35 buses for Collier
Area Transit in March of2010.
C. PUBLIC UTILITIES
1) Recommendation to approve Agreement No. 4600001937 with the
South Florida Water Management District for the Supplemental
Collection of Surface Water Quality Samples in Collier County.
(Estimated Revenue $60,000 annually).
2) Recommendation to accept a Release of Conservation Easement by
the State of Florida Department of Environmental Protection (FDEP)
at a site located on Livingston Road at Carlton Lakes Boulevard in
Collier County, Florida, at a cost not to exceed $44.00, Project No.
74030.
3) Recommendation to reject Bid No. 09-5258 for the South County
Water Reclamation Facility Odor Control Facilities Upgrades, Project
No. 73969.
4) Recommendation to authorize submission of Amendment Two (2) to
the State Revolving Fund Loan Agreement (DWIIII 030) through
the Florida Department of Environmental Protection (FDEP) for the
SCRWTP 12 MGD RO Plant Expansion, Project #700971 and
authorize necessary budget amendments. (Fiscal Impact $5,839,056)
D. PUBLIC SERVICES
1) Recommendation to approve and authorize the Chairman to sign, six
(6) lien agreements for deferral of 100% of Collier County impact
fees for owner occupied affordable housing dwelling units located in
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January 12, 2010
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Collier County. Approval of this item will transfer previously
approved deferral agreements from developer to owner occupants
with a continuing fiscal impact of$141,271.10.
2) This item continued from the December 15.2009 BCC meeting.
Recommendation to approve the FY05 and FY06 Annual Reports to
the Florida Department of Highway Safety Motor Vehicles for the
Choose Life Specialty License plate.
3) Recommendation to approve the submittal of the attached 4-H
Foundation Inc. Grant Application requesting $70,080.00 for the 4-H
Outreach Coordinators and the enhancement of outreach activities
managed by the Collier County University of Florida /IF AS Extension
Department.
4) Recommendation to approve and authorize the Chairman to sign an
agreement between the Collier County Board of County
Commissioners and the Area Agency on Aging of Southwest Florida
and approve a budget amendment to recognize the grant revenue in
the amount of $43,504.00 for the Nutrition Services Incentive
Program (NSIP).
5) Public notice of intent to consider final disposition of Neighborhood
Stabilization Program residential properties, consistent with the
requirements of Collier County Ordinance No. 2009-63 and
125.35(3), Florida Statutes.
6) Recommendation to approve the merging of two part time positions
into one full time position, reclassify and place into a different grant
fund for the Housing and Human Services Department. The fiscal
impact is $70,137.50 from grant funds. No general funds will be used.
7) Recommendation to award RFP #09-5247 and authorize the Chairman
to sign agreement between Collier County and Recreational Facilities
of America, Inc., for food & beach concessions at Tigertail Beach.
8) Recommendation to authorize the County Manager, or his designee,
to approve Change Order #3 in the amount of $95,820.00 to Quality
Enterprises USA, Inc. contractor for the 951 Boat Ramp Parking Lot
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January 12,2010
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Expansion Project #80071.1 under Contract #08-5136 to provide
additional scope of work in compliance with the FDOT (Right Of
Way) permitting requirements and to approve a necessary budget
amendment for $95,820.
9) Recommendation to approve a First Amendment to License
Agreement with Kmart Corporation for the continued use of space for
the HI NI vaccination campaign and to approve a Budget Amendment
for one months' rent of $25,000 to be reimbursed by the State's
Health Department.
10) Recommendation to direct the County Manager or designee to amend
the Animal Control Ordinance, as reflected in the attached proposed
amended ordinance, in order to revise the dangerous dog declaration
appeals processes, establish regulations relating to feral cats, and add
provisions regarding the confinement of dogs, and to advertise and
bring back an amended ordinance.
E. ADMINISTRA TIVE SERVICES
1) This item continued from the December 1. 2009 meeting and has
been continued indefinitely. Recommendation to approve First
Amendment to Lease Agreement, aka the cattle lease, for the Pepper
Ranch Preserve under the Conservation Collier Land Acquisition
Program.
2) Recommendation to approve payments in the amount of$85,954.26 to
United Mechanical, Inc. for services rendered during the transition
between two contract periods.
3) Recommendation to approve an Interim Management Plan for the
McIlvane Marsh Project under the Conservation Collier Land
Acquisition Program and direct the County Manager, or his designee,
to implement the plan.
4) Recommendation to ratify additions and a modification to the 20] 0
Fiscal Year Pay and Classification Plan made from September], 2009
through December 3 I, 2009.
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January 12,2010
5) Recommendation to award RFP #09-5305, Architectural Services for
Collier County to six firms: Schenkel & Shultz, Inc, CH2M Hill, Inc,
Victor J. Latavish, Architect, PA, BSSW Architects, Inc., Disney &
Associates, P A, and Harvard Jolly, Inc.
6) Recommendation to accept the Fiscal Year 2009 Grant Report
providing an annual update of grant funding activity.
7) Recommendation to award ITB #09-5325, On-Call Electrical Repairs
and New Installation to five firms.
8) Recommendation for the Board of County Commissioners to approve
and authorize the Chairman to sign the Assumption Agreement from
Solid Resources, Inc., to OBriens Response Management, Inc., for
FEMA Acceptable Monitoring of Disaster Generated Debris
Management and Technical Assistance.
9) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
10) Recommendation for the Board of County Commissioners to approve
and authorize the Chairman to sign the Assumption Agreement from
Naples Printing, Inc., to The PK Group, Inc., d/b/a Allegra, for an
annual contract for all Collier County printing and copying services.
11) That the Board of County Commissioners awards RFQ No. 09-5350
Temporary Clerical Service to Kelly Services and terminates Mancan
Inc. from RFQ No. 09-5350 Temporary Clerical Services.
F. COUNTY MANAGER
1) Recommendation to approve a Memorandum of Understanding
between Collier County Board of County Commissioners and the
Collier County School District regarding disaster recovery in the
Immokalee area utilizing the Immokalee Technical Center.
2) Approve Budget Amendments.
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January 12,2010
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3) Approve and Adopt by Resolution a Local Mitigation Strategy
(formerly the Hazard Mitigation Plan) for Collier County also
applicable to its Municipalities. Copies of the Hazard Mitigation Plan
are available for review at the County Managers Office, 2nd Floor, W.
Harmon Turner Building, 3301 Tamiami Trail East, Naples, FL and
all Collier County Public Libraries. An on-line copy ofthe proposed
Local Mitigation Strategy may also be found through the following
link: http://www.colliergov.net/lndex.aspx?page=28 I 0
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2009-10 Adopted Budget.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation for the CRA Board to approve an after-the-fact
submission of the Community Development Block Grant (CDBG)
Disaster Recovery Initiative (DRI) grant application in the amount of
$2,877,945.00 to the Collier County Department of Housing and
Human Services to fund the implementation of the Tertiary
Stormwater System Improvement Project for the Gateway Triangle
Residential Area.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Foundation For the Developmentally Disabled Holiday
Party on December 6,2009 in Naples, Florida. $20.00 to be paid from
Commissioner Coletta's travel budget.
2) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Leadership Foundation Holiday Party December 10,
2009 in Naples, Florida. $25.00 to be paid from Commissioner
Coletta's travel budget.
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January 12,2010
3) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Big Cypress Basin Holiday Luncheon on December II,
2009 at the Big Cypress Basin offices in Naples, Florida. $10.00 to be
paid from Commissioner Halas' travel budget.
4) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Corkscrew Swamp Sanctuary Dinner & Roast for Ed
Carlson on January 20, 2010 at the Naples Hilton in Naples, FL.
$125.00 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.
Attended the League of Women Voters Monthly Meeting Luncheon
on November 9,2009 at Collier Athletic Club in Naples, FL. $20.00
to be paid from Commissioner Fiala's travel budget.
6) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Marco Island Historical Society Grand Opening
Celebration on February 4,2010 at the Marco Museum on Marco
Island, FL. $95.00 to be paid from Commissioner Fiala's travel
budget.
7) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Flotilla 95 Change of Watch Ceremony on January 7,
20 I 0 at the Marco Island Yacht Club on Marco Island, FL. $50.00 to
be paid from Commissioner Fiala's travel budget.
8) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the EDC Monthly Investor Meeting on January 6,2010 in
Naples, Florida. $25.00 to be paid from Commissioner Henning's
travel budget.
I. MISCELLANEOUS CORRESPONDENCE
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January 12,2010
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1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
I) To obtain board approval for disbursements for the period of
December 5, 2009 through December 11,2009 and for submission
into the official records of the board.
2) To obtain board approval for disbursements for the period of
December 12, 2009 through December 18, 2009 and for submission
into the official records of the board.
3) To obtain board approval for disbursements for the period of
December 19,2009 through December 25,2009 and for submission
into the official records of the board.
4) To obtain board approval for disbursements for the period of
December 26,2009 through January 1,2010 and for submission into
the official records of the board.
K. COUNTY ATTORNEY
1) Authorize the making of an Offer of Judgment to Respondents, John
and Angela Rippons, for Parcels No. 121 and 72 I in the amount of
$55,800 in the lawsuit styled Collier County v. Rafael Liy, et aI., Case
No. 05-0752-CA (Collier Boulevard (951) Project #65061) (Fiscal
Impact -0-).
2) Report with alternative recommendations to the Board of County
Commissioners with respect to Section 8 of the Collier County Ethics
Ordinance.
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
RECOMMENDA TION 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
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January 12, 2010
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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 reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PL-2009-0000170 First
Haitian Baptist Mission, Inc., represented by Frederick E. Hood, AICP, of
Davidson Engineering, Inc., is requesting a Conditional Use Number 7 of
the Rural Agricultural (A) zoning district pursuant to Land Development
Code (LDC) Subsection 2.03.01.A. I .c.7. The proposed Conditional Use will
supplement the existing Resolution Number 93-190 by adding 1,550 square
feet to an existing church building and a separate 19,281 square-foot general
purpose building. The 4.59 acre site is located at 14600 Tamiami Trail East
in Section 12, Township 51 South, Range 26 East, Collier County, Florida.
(CTS)
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-2007-AR-
11398, Shoe sop Properties, LLC, represented by Timothy Hancock, AICP,
of Davidson Engineering, Inc. is requesting a rezone from the Estates (E)
Zoning District to the Commercial Planned Unit Development (CPUD)
Zoning District for a 25,000 square-foot commercial retail and office
development to be known as Fakahatchee Plaza CPUD. The 5.46-acre
subject property is located at the northwest corner ofthe Golden Gate
Boulevard (CR 876) and Everglades Boulevard intersection in Section 6,
Township 49 South, Range 28 East, Collier County, Florida. CTS
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2009-10 Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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January 12, 2010
January 12,2010
CHAIRMAN FIALA: Good morning, everyone. Welcome to the
Board of County Commissioners' meeting on this fine cold day that's
supposed to get a little bit warmer.
I would ask that you-all please rise. We're going to have the
prayer said by?
MR. OCHS: Madam Chair, Alejandro Castillo from the
Salvation Army will give the invocation this morning.
CHAIRMAN FIALA: Oh. It's good to see you, Alejandro.
MR. CASTILLO: Let us pray. Child for joy to the Lord of the
earth, watching the world with gladness. Come before him with joyful
song, know that his Lord is God. He is who made us, and we are his.
Weare his people, his children, his passion. Enter his gates with
thanksgiving and his corpus praise. Give thanks to him and praise his
name, for the Lord is good and his loving goes forever. His
faithfulness continues to all durations. Amen.
CHAIRMAN FIALA: I want to just -- just a side-note. I went
over to the Salvation Army a few times actually, and you would -- you
would be so impressed to see how beautifully it's kept. It's so clean
that you could eat off the floors. And I just want to say it's a
wonderful place that you -- that you have for those people in need.
Thank you so much for all you do.
And with that, would you please place your hands over your
hearts and say the Pledge of Allegiance with me.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: Thank you.
County Manager Ochs?
Item #2A
TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES
Page 2
January 12,2010
MR. OCHS: Yes, ma'am. Good morning, Commissioners.
Agenda changes for Board of County Commissioner meeting
January 12,2010. First item is to move Item 16DlO to Item lOE, and
that's a recommendation to amend the animal control ordinance, and
that is being moved at the staffs request.
The next item is to withdraw Item 16E 11. That is an award of a
clerical services contract. And, again, that is being withdrawn at
staffs request while we address and clarify some issues related to the
scope of service.
Next change is Item 16Fl. Some changes in the language to the
Memorandum of Understanding. Paragraph A should read, "the
District School Board of Collier County," rather than "Collier County
Public Schools."
Paragraph B should read, "to enter upon and utilize the northeast
wing of the ITECH administrative offices."
Paragraph 1 0 should be replaced with the following: "EMD shall
indemnify, defend, and hold the District School Board of Collier
County harmless against any actions, claims or damages arising out of
EMD's intentional or negligent acts or omissions in connection with
this agreement. The foregoing indemnification shall not constitute a
waiver of sovereign immunity beyond the limits set forth in Section
768.28, Florida Statutes," and that change is at staffs request.
We have one time-certain item, and that's Item 10D to be heard at
two p.m., and that's the update to the feral hog management program
at the Pepper Ranch Preserve, and that time certain is requested by
Commissioner Coletta.
Those are all the changes I have, Madam Chair.
CHAIRMAN FIALA: Thank you very much.
And County Attorney?
MR. KLATZKOW: No changes, ma'am.
CHAIRMAN FIALA: Very good.
Commissioners, do you have anything to declare to the consent
Page 3
January 12,2010
or summary agenda, or any changes to the agenda? Commissioner,
we'll start with you.
COMMISSIONER HENNING: Oh, thank you, Madam Chair.
I have no ex parte communications on today's agenda. I'd like to
have possibly, possibly an add-on. I want to talk about global
warming and try to figure out why I need to use an ice scraper to
scrape off my windshield every morning.
COMMISSIONER COYLE: It's global warming.
COMMISSIONER HENNING: And see if there's any way that
we can stimulate some heat here in Southwest Florida.
COMMISSIONER COYLE: Only if you get Al Gore down here.
He'll stimulate a lot of hot air.
COMMISSIONER HENNING: Maybe that's what we should be
doing.
CHAIRMAN FIALA: Thank you, gentlemen.
Commissioner Coletta?
COMMISSIONER COLETTA: Yeah, I hate to follow that act.
CHAIRMAN FIALA: I don't blame you.
COMMISSIONER COLETTA: On the consent agenda, I don't
have anything to declare. On the summary agenda, 17 A, I had
correspondence, and 17B, I had correspondence. And that's it. Thank
you.
CHAIRMAN FIALA: Very good.
Commissioner Coyle?
COMMISSIONER COYLE: Madam Chair, I have no further
changes to the agenda. With respect to the summary agenda, I have ex
parte disclosure for 17 A, I have received correspondence and the
CCPC staff report; and on 17B, I have received correspondence and
the Planning Commission staff report and some emails. And I have no
-- no disclosure for the consent agenda.
CHAIRMAN FIALA: Thank you.
And Commissioner Halas?
Page 4
January 12,2010
COMMISSIONER HALAS: Yes. Good morning, Chair. I have
nothing to -- that I want to pull off today's agenda.
And as far as the consent agenda, I have nothing to bring forth in
ex parte. But on the summary agenda, on 17 A I've had
correspondence, on 17B I've also had correspondence and emails on
that particular item. Thank you.
CHAIRMAN FIALA: Thank you. And I have nothing -- no
further changes to the agenda, nothing to declare on the consent
agenda. And on 17 A I have received correspondence, and 17B I've
received correspondence. And with that, I --
COMMISSIONER HENNING: Madam Chair, I make a motion
that we approve today's agenda as amended.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Okay. All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
Page 5
Agenda Changes
Board of County Commissioners Meeting
January 12, 2010
Move Item 16010 to 10E: Recommendation to direct the County Manager or designee to amend the Animal Control
Ordinance, as reflected in the attached proposed amended ordinance, in order to revise the dangerous dog declaration
appeals processes, establish regulations relating to feral cats, and add provisions regarding the confinement of dogs, and to
advertise and bring back an amended ordinance. (Staff's request.)
Withdraw Item 16Ell: That the Board of County Commissioners awards RFQ No. 09-5350 Temporary Clerical Service to Kelly
Services and terminates Mancan, Inc., from RFQ No. 09-5350 Temporary Clerical Services. (Staff's request.)
Item 16F1: In the Memorandum of Understanding, Paragraph (A), should read, "The District School Board of Collier County"
rather than "Collier County Public Schools". Paragraph (B) should read," . . . . to enter upon and utilize the Northeast wing of
the "ITECH" Administrative offices. . .". Paragraph 10 to be replaced with: "EMD shall indemnify, defend and hold the
District School Board of Collier County harmless against any actions, claims or damages arising out of EMD's intentional or
negligent acts or omissions in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of
sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes." (Staff's request.)
Time Certain Items
Item 100 to be heard at 2:00 D.m.: To provide an update on the Conservation Collier Programs feral hog management
activities at Pepper Ranch Preserve, and recommend that the Board direct the County Manager, or his designee, to continue
with feral hog management as outlined in the Pepper Ranch Preserve Interim Management Plan. (Commissioner Coletta's
request.)
1/12/20108:46 AM
January 12,2010
Item #2B and #2C
MINUTES FROM THE DECEMBER 1,2009 - BCC/REGULAR
MEETING AND DECEMBER 15,2009 - BCC/REGULAR
MEETING - APPROVED AS PRESENTED
CHAIRMAN FIALA: I also look to Tom because he always
asks for -- he always asks for the approval -- oh, all -- that's carried.
Do I have to say that?
COMMISSIONER HENNING: Yeah. Madam Chair, I make a
motion that we approve the December 1,2009, BCC regular meeting
and December 15,2009, BCC meeting.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: All in favor?
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.
Then we move on to?
Item #3A
ADVISORY COMMITTEE SERVICE AWARDS - 5 YEAR
RECIPIENTS - RECOGNIZED
MR. OCHS: Madam Chair, that takes you to Item 3, your
advisory committee service awards. The first award is for five years of
service to your Development Services Advisory Committee. That's
Page 6
January 12,2010
David Dunnavant.
Please come forward.
(Applause.)
CHAIRMAN FIALA: Hi.
MR. DUNNAVANT: Hi.
CHAIRMAN FIALA: Thank you for your service.
COMMISSIONER COYLE: Thank you.
COMMISSIONER COLETTA: Thank you.
COMMISSIONER HENNING: Thank you.
MR. DUNNAVANT: Thanks.
COMMISSIONER HALAS: Hi.
COMMISSIONER COYLE: Thank you very much for your
servIce.
MR. DUNNAVANT: Thank you very much. It's a pleasure.
One more.
COMMISSIONER COLETTA: For posterity.
MR. DUNNAVANT: Thank you.
(Applause.)
MR. OCHS: Madam Chair, our next five-year recipient is
George Hermanson for Development Services Advisory Committee. I
understand Mr. Hermanson is ill today, so we'll get that award to him.
Item #3B
ADVISORY COMMITTEE SERVICE AWARDS -10 YEAR
RECIPIENTS - RECOGNIZED
That takes you to your ten-year advisory committee service
awards.
First awardee is Marco Espinar from Development Services
Advisory Committee.
(Applause.)
Page 7
January 12,2010
CHAIRMAN FIALA: Marco, thanks for all that you do for the
county. Thank you so much.
MR. ESPINAR: Thank you.
COMMISSIONER HALAS: Thank you.
COMMISSIONER COYLE: Good morning, Marco. Thank you.
COMMISSIONER COLETTA: Ten years. That's very
remarkable. Thank you.
MR. ESPINAR: Thank you. More?
CHAIRMAN FIALA: We wanted to make sure she gets it right.
MR. OCHS: Madam Chair, I understand that the next two
ten-year service award recipients are going to be absent this morning.
We'll make sure that we mail them their service award pins. That
would be Mr. Blair Foley for ten years of service on your
Development Services Advisory Committee, and John Pennell for ten
years of service on the Ochopee Fire Control District Advisory
Committee.
Item #4A
PROCLAMATION RECOGNIZING RETROFIT SOUTHWEST
FLORIDA. ACCEPTED BY JEFF JOHNSON, EXECUTIVE
DIRECTOR. RETROFIT SOUTHWEST FLORIDA ~ ADOPTED
That takes you to Item 4 on your agenda, Commissioners,
proclamations. 4A is a proclamation recognizing Retrofit Southwest
Florida, to be accepted by Jeff Johnson, executive director of Retrofit
Southwest Florida.
(Applause.)
CHAIRMAN FIALA: Well, good morning, everyone. Hi, how
you doing? Nice to see everyone again.
MS. DUSEK: Thank you.
(Applause.)
Page 8
January 12,2010
Item #4 B
PROCLAMATION DESIGNATING JANUARY 18 - 24, 2010 AS
PURPLE MARTIN WEEK. ACCEPTED BY TOM BURGESS -
ADOPTED
MR. OCHS: Madam Chair, your next proclamation is a
proclamation designating January 18th through the 24th, 2010, as
Purple Martin Week, to be accepted by Tom Burgess. Mr. Burgess?
(Applause.)
MR. BURGESS: Good morning.
CHAIRMAN FIALA: Good morning, Mr. Burgess.
MR. BURGESS: Thank you very much. I think most of you are
aware that the state legislature has declared Collier County as the
Purple Martin capital of Florida.
COMMISSIONER COLETTA: On the mike.
CHAIRMAN FIALA: We'll have you say that on the mike.
MR. BURGESS: Okay. You want a picture, I guess.
COMMISSIONER HALAS: With this cold weather, are they
going to arrive?
MR. BURGESS: We hope so.
COMMISSIONER HENNING: Global warming.
MR. BURGESS: I was remarking to the commissioners that you
mayor may not be aware that Collier County, by decree of the state
legislature in Tallahassee, is the Purple Martin capital of Florida. And
the other thing you may not know is that Purple Martins are related to
swallows. They come here in large numbers from South America
starting around this time of the year. Hopefully it will warm up a little
bit. And one of the principal aspects of their diet is they eat lots of
mosquitoes.
And thank you very much on behalf of the society for your
proclamation.
Page 9
January 12,2010
CHAIRMAN FIALA: Thank you. Thank you, sir.
Item #4C
PROCLAMATION CONGRATULATING HODGES UNIVERSITY
FOR THEIR 20TH ANNIVERSARY. ACCEPTED BY DR. TERRY
MCMAHAN, PRESIDENT AND JOE TURNER, PUBLIC
RELATIONS COORDINATOR - ADOPTED
MR. OCHS: Madam Chair, your next proclamation is 4C. It's a
proclamation congratulating Hodges University for their 20th
Anniversary. Award to be accepted Dr. Terry McMahan, president,
and Joe Turner, public relations coordinator.
(Applause.)
CHAIRMAN FIALA: Say something. Hi, Thelma. Hi, Earl.
How you doing?
COMMISSIONER COLETTA: How's the fishing?
CHAIRMAN FIALA: Good to see you. Do you want to say
something after, Terry? You can, if you want to introduce Hodges.
First we'll take a picture. Oh, yeah, this.
(Applause.)
MR. McMAHAN: Thank you, Madam Chair. I just wanted to
acknowledge that we did have our namesakes, Earl and Thelma
Hodges, with us, and Dean Nerone, for the podium, and we are most
grateful for the commission's action recognizing our 20 years, which
we'll be doing all this year. Thank you very much.
MS. FILSON: And Madam Chairman, can we get a motion?
COMMISSIONER HALAS: Motion--
COMMISSIONER HENNING: Motion to approve the
proclamations A, B, and C.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay. Motion to approve and a second.
Page 10
January 12,2010
All in favor?
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. Thank you.
Item #5A
RECOMMENDATION TO RECOGNIZE DEBORAH FARRIS,
SENIOR PROPERTY ACQUISITION SPECIALIST,
TRANSPORTATION ENGINEERING & CONSTRUCTION
MANAGEMENT DEPARTMENT AS EMPLOYEE OF THE YEAR
FOR 2009 - PRESENTED
MR. OCHS: Commissioners, that takes you to Item 5 on your
agenda, presentations. 5A is a recommendation to recognize Deborah
Farris, senior property acquisition specialist, transportation
engineering and construction management department, as the
Employee of the Year for 2009.
Deborah, if you'd please come forward.
(Applause.)
MR. OCHS: Commissioner, I'll read this while you give her her
award.
CHAIRMAN FIALA: Okay.
MR. OCHS: Deborah was selected by a committee from a list of
all of the Employee of the Month winners from throughout the year.
She was the county's Employee of the Month for November, 2009,
and also former winner of the transportation division's Annual Rising
Page 11
January 12.2010
Star Award.
Deborah's been an employee of the county for five years. She an
exemplary employee who strives to provide the most thorough
research. She can and is also called upon to work on some of the most
complicated property acquisitions.
She attended nine professional development seminars on her own
and at her own expense within the past year. She keeps management
continuously informed of the status of projects on which she is
working, warns us to possible situations that are likely to become
problematic, and offers solutions in the event that problems arise.
Deborah's also instrumental in foraging a working relationship
with the local charity I-HOPE. The county is truly fortunate to have
such a passionate and dedicated employee, and Deborah is truly
deserving of this award.
Commissioners, once again, I present to you the Employee of the
Year for 2009, Deborah Farris.
(Applause.)
CHAIRMAN FIALA: Deborah, let me give you this before the
picture. This is a little check from us, a little note from us, and a
plaque. Thank you very much.
MS. FARRIS: Thank you.
CHAIRMAN FIALA: Five years, that's a pretty good record
there, huh?
MR. OCHS: Yeah.
(Applause.)
Item #5B
SELECTION OF CHAIRMAN AND VICE-CHAIRMAN:
COMMISSIONER COYLE NOMINATED AS CHAIRMAN -
APPROVED; COMMISSIONER HALAS NOMINATED AS VICE-
CHAIRMAN - APPROVED
Page 12
January 12,2010
MR. OCHS: Commissioners, that takes us to Item 5B on your
agenda, selection of chairman and vice-chairman.
COMMISSIONER HENNING: And Madam Chair, I make a
motion that we have Fred Coyle as our chairman --
COMMISSIONER HALAS: Second.
COMMISSIONER HENNING: -- for this coming -- this year.
CHAIRMAN FIALA: Okay. And a second.
All in favor, signify by saying aye.
COMMISSIONER COYLE: (No verbal response.)
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
COMMISSIONER HENNING: Madam Chair, I'd like to make a
motion that we appoint Frank Halas as our vice-chair for this coming
year.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. Motion and a second to for Frank
Halas.
All in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: (No verbal response.)
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
COMMISSIONER HENNING: Congratulations.
CHAIRMAN FIALA: Did you say no?
COMMISSIONER HALAS: I didn't say no.
Page 13
January 12.2010
(Applause.)
CHAIRMAN FIALA: Now, I guess we need to take a little bit of
a break while we change our -- just a five-minute break --
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: -- while we change our things around.
MR. OCHS: That's our tradition while you change positions,
yes.
CHAIRMAN FIALA: Yeah. Do you want me to just say what
kind of a year it's been? I don't know.
COMMISSIONER COLETTA: Yes.
CHAIRMAN FIALA: Can I do that? I'll make it short and
sweet, because I'm not one to move -- go on and on and on anyway.
But I want to tell you it's been a challenging year, really
challenging year, between our economy, our budget, our county
manager having gotten cancer, and his valiant work at -- at staying
with us, and we've also had some ups and downs throughout the
county that we've handled, and together the five us have worked, I
feel, well to overcome some of those things, and I've just been very
proud and very honored to be chairman during this very difficult year.
And I thank you all for your support, each and every one of you.
COMMISSIONER HALAS: Madam Chair, you've done an
outstanding job under the great duress that this community has been
under and also the amount of staff people that we've had to let go here
in the county.
But we're still unified, and we're still working for the citizens
here. And to me, that's the most important thing is to make sure that
we address the concerns of the citizens, and I think all of us have done
a very good job in that category. Thank you.
COMMISSIONER COYLE: I second that.
CHAIRMAN FIALA: Thank you.
Okay. With that, we'll just take a five-minute break while we
move around.
Page 14
January 12,2010
(A brief recess was had.)
CHAIRMAN COYLE: Ladies and gentlemen, the BCC meeting
is back in session now. I believe our next item of business is 6A --
MR. OCHS : Yes, sir.
CHAIRMAN COYLE: -- County Manager?
MR. OCHS: Thank you. And congratulations to the new chair
and vice-chair. Look forward to working with you this year.
CHAIRMAN COYLE: Most people have been saying
condolences.
Item #6A
PUBLIC PETITION REQUEST BY ROBERT PRITT TO DISCUSS
AMENDING GMP, URBAN MIXED-USE DISTRICT, DAVIS
BOULEVARD-COUNTY BARN ROAD MIXED-USE
SUBDISTRICT - DISCUSSED; MOTION TO ADD TO THE
IMMOKALEE CYCLE OF THE GMP WITH ALL COSTS PAID
BY PETITIONER - APPROVED
MR. OCHS: Well-- 6A, public petition request by Robert Pritt
to discuss amending the Growth Management Plan urban mixed-use
district Davis Boulevard/County Barn Road mixed-use subdistrict.
CHAIRMAN COYLE: Okay. Mr. Pritt, you have
one-and-a-half minutes. Go ahead. I'm just kidding you.
MR. PRITT: I'd like to have a revote on that, Chairman.
Thank you, Mr. Chairman, and congratulations, and members of
the commission. My name is Robert Pritt. I'm here on behalf of Barry
Goldmeier and his brother. They own Collier Davis, LLC. They've
been trying to develop Davis/County Barn area for about five years
now. You've seen us a time or two in the past.
One of the things that happened is that -- well, what we're asking
for is something that's unusual and maybe it sounds like a lot, but
Page 15
January 12,2010
hopefully I can convince you that it isn't.
The -- under the request to speak, the public petition
requirements, I've put down on Page -- I think it's on Page 2 of 4 at
least in my document, what the reason is and what the background is.
I know you-all are familiar with it.
But what -- essentially what happened, in 2005 the commission
amended the GMP by adding Davis/County Barn as a subdistrict in
the GMP. It included the provision requiring 20 percent of affordable
hous- -- 20 percent affordable housing. And at that time, as we all
know, that was a very large concern throughout the state and
throughout the county.
The developer has been trying since then to obtain PUD rezoning
for the property. It's about 22 acres, as I said, but the neighborhood--
in neighborhood meetings, the neighborhood is in turmoil, and it's
primarily over, and almost -- I'd say almost exclusively -- but it's
really primarily over the issue of affordable housing.
There's a great fear that there's going to be some low-income
housing project in the neighborhood, and I don't think that was ever
the intent; however, we are -- we've had four neighborhood meetings
in the last several years, including one on -- at the end of October.
And the neighborhood at the very beginning early on, the
neighborhood was pretty much in favor of it, but at this last meeting, it
was very clear that they're going to fight us. They're very organized.
And they're not going to allow -- on their own anyhow -- they're not
going to allow anything that smacks of affordable housing.
At the time that the commission granted the approval, that
condition was for the plan amendment. That was something that my
client agreed to and -- the affordable housing requirements. I think
this is the only subdistrict or the only district in the county that has
that requirement.
But he has built affordable housing, and he does not -- really
does not object to it. But as we all know, the economics of the
Page 16
January 12,2010
situation have changed very significantly.
This board itself in December has determined that the affordable
housing -- the need for affordable housing is not what it was before,
and you've taken actions that support that in the form of doing away
with the impact fee waiver relief.
So that raises the issue, is there really a rational basis for this
provision in our one subdistrict? And all I'm suggesting and asking is
that those -- there are two lines there. And I've done the work. There
are two lines there having to do with affordable housing. It's under
number 11, I believe it is, in the attachment. And very simply, just
take out those two lines requiring affordable housing that are in the
Growth Management Plan.
And I'm asking that this be done as part of the current cycle. I'm
asking that the board do that. I assure you the board has the power to
do that. I don't know if the board has the desire or the will to do that,
but you do have the power to do that, and there is a basis for it, and
that is, it does not appear to be necessary. It's unique in our plan. It
does not appear to be necessary any longer and, therefore, could be
removed, and it could be done in this current process.
This process, as I understand it, has not come to you. And when
it does come to you, it will be coming as the transmittal hearing. It
will be reviewed by DCA, and all of those reviews are available.
As far as the work that's done, you've done the data and analysis
concerning affordable housing already to lead you to the decisions you
made in December concerning the impact fee waivers. And so it's --
our request is that it be taken care of and changed by the board.
The board had changed that one time on its own since the time
that it was initially adopted. The board made a change on its own
before, and I -- and so the board has the power to do that now. Again,
it's a little bit out of the box, but that is what we're requesting.
The staff has been very helpful, but I think that if you ask them,
they're probably going to say that, well, we ought to go into the next
Page 17
January 12,2010
cycle, and we ought to be the ones to apply for it.
One of the problems, the practical problems that we have with
that is we have hometown democracy. And I recall talking to at least
one of you about three years ago on the hometown democracy
amendment that was coming, and it's here now. It's going to be here
in November. It will become effective on the day of election if it
passes. It becomes effective immediately upon adoption of the voters.
So your next round is not going to make it in time to beat
hometown democracy. Most cities and counties, many -- I shouldn't
say most. Many cities and counties are now hurrying up their second
round, or whatever round they're in they are quickly getting their
information in and their requests in to DCA to make changes so as to
beat the clock on the November 2nd election this year.
Your round -- I understand that your next round has to do with
Immokalee and some things that are -- that you're planning to do, but
it will not be effective under your current schedule until, I think they
told me, January of next year.
Well, if that's the case, then they may not be effective at all. And
so my suggestion would be that maybe you consider moving that
round up as others are doing. DCA has more requests from cities and
counties now, about double the number of requests that they normally
have -- at least consider doing that; however, we would ask that you
include this in this current round and give us the relief.
Now, one of the things that you may say is, well, is this going to
weaken the affordable housing situation here in Collier County?
Well, one, if I'm correct in that this is the only subdistrict affected,
then it's not going to do much.
Secondly, this does not mean that we're opposed to the -- that my
plan is opposed to having some type of workforce, affordable housing,
something that might be a part of a condition, but it -- but taking this
out of the Compo Plan gives them the ability to be talking with the
neighbors. He has been talking with the neighbors even since the last
Page 18
January 12,2010
formal neighborhood meeting to talk with the neighbors to try to work
on some things more flexibly. Right now all he can say is, there's
nothing I can do about it. I have to keep going forward with the
affordable housing provisions.
So for that reason, we would ask that you consider allowing this
to go forward and to make the amendments. Be glad to answer any
questions that you have.
CHAIRMAN COYLE: Thank you very much, Mr. Pritt. All of
the commissioners have some questions to ask you, but before they do
that, I'd just like to state that our general policy, particularly with
items that are somewhat complex, is to merely make a decision as to
whether or not we will bring this back for a formal hearing.
But we'll see how much -- how complex this gets here today. If
we can solve it easily, if the commissioners are in agreement, we can
do it now. If not, we probably should wait until we run it through the
process.
But in any event, Commissioner Henning was first.
COMMISSIONER HENNING: A question for the county
attorney is, do we have some latitude?
MR. KLATZKOW: I have been spending the time preparing this
thinking it was going to be tagged down to the Immokalee cycle.
I'm not prepared to say as a matter of law we can do it right now
the way Mr. Pritt's asking for it. We do have a certain process in the
county where we go through neighborhood information meetings and
we go through the Planning Commission, then it comes to the board,
then it goes through transmittal. He's asking to shortcut that and just
go directly to the board from transmittal.
Mr. Pritt's already said that this item is one of controversy so,
you know, you can expect legal challenges. As a matter of state law,
do we have to have this process? No, but it is our county process that
ifMr. Pritt's going to be asking for -- to shortcut that process, I'd like
to come back to the board with a full analysis. I have no issue with
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January 12,2010
the board putting this through the Immokalee plan.
COMMISSIONER HENNING: And just to finish up. I would be
not in favor of bypassing the Planning Commission for their review on
this item if the board so chooses to grant the request, but also, there
might be another avenue, is to delay building any affordable housing
until marketing conditions are right and not be a part of the rezoning
for affordable housing.
MR. KLATZKOW: Well, his problem there, sir, is that the
zoning has to be consistent with the Compo Plan. If the Compo Plan
requires an affordable housing element, the rezoning will have to have
an affordable housing element. The board can't waive that.
COMMISSIONER HENNING: Okay. I'm finished. Thank you.
MR. PRITT: Commissioner Henning, could I respond very
briefly?
COMMISSIONER HENNING: I do take legal advice from our
county attorney. I understand your expertise.
MR. PRITT: Oh, I'm not going to disagree with him actually.
CHAIRMAN COYLE: Okay. Mr. Pritt, can we wait till all the
commissioners speak?
MR. PRITT: Sure.
CHAIRMAN COYLE: Then, perhaps, if you'd like to make a
comment, we can do that.
Commissioner Halas was second.
COMMISSIONER HALAS: Thank you, Chairman.
I know this is a concern that a lot of developers are now toying
with, because I was recently lobbied on a particular item whereby a
developer made a commitment whereby each building that he built,
upon completion he was going to turn over $600,000 for affordable
housing and now would like to get out of that commitment.
And my concern is, just as quick as affordable housing came on
the market here in Collier County, it can turn around to be the
opposite. And I'm appalled that people look at affordable housing as
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January 12,2010
HUD housing. It is not HUD housing. It's housing that's provided for
young people that we try to entice in this county to come here to
establish a residence to provide services, whether it's working in the
food sector, the service industry, whether it's nurses, whether it's EMS
personnel, or whether it's sheriff deputies that we try to hire. And I'm
concerned that now we have developers that would like to get out of
that commitment.
And the other thing that bothers me is the fact that this is a
mixed-use area, and basically what that states is that that area is where
there'll be commercial along with residential. And one of the things
that we've been trying to address here in the county for a number of
years is to try to alleviate traffic on the highways and our roads, and
hopefully that this particular item or this particular area will provide
commercial and provide living so that the people there can either
bicycle or walk to jobs that will be offered in this area.
So I really have some concerns about -- in the direction that we
want to go on this, because in the future we need to make sure that
we've tried to lay a plan here to look at the future whether we've had
this downturn in our economy or not. We try to look at this so that we
can also address the growth issues and make sure that people -- since
it's a mixed use, that people have the ability to live where they work.
Thank you.
CHAIRMAN COYLE: Commissioner Coletta's next.
COMMISSIONER COLETTA: Thank you.
I'll tell you, I also have some concerns, and one of them being is
that when we agreed through the compo planning process to put this
particular program together and the 20 percent affordable element in
that Compo Plan, what did we do as far as concessions that were made
as far as densities go? In other words, if we made special concessions,
you know, then -- as far as the density went, as far as other issues
went, then, you know, this isn't going to be balanced.
Now, as far as reconsideration of it and having it come back for
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January 12,2010
reconsideration, I don't have a problem with that as long as staff can
accommodate them. But here's the dilemma of the whole thing. What
we approved at the compo planning, if it comes back to us in the
zoning stage and we have 150 people out here all wearing the same
T-shirt saying "Commissioners Die", it may be a little problematic.
And then all ofa sudden, if we flip on it, I think they'd have a
case to bring against us at some point in time claiming that we granted
them permission to do something and then took it away from them all
within the same -- within the same time period.
Is that a possibility, County Attorney?
MR. KLATZKOW: Yes. I think we need to be consistent. If
the Compo Plan is going to require that he puts in affordable housing,
you'll be hard-pressed to deny it when it comes here during the
rezomng process.
COMMISSIONER COLETTA: There's one other thing, too, if I
may, before we go on to that.
There's two elements to this, and this is -- what you're
experiencing is experienced throughout the whole county, even in
Immokalee. Whenever affordable housing's going to go into a
neighborhood, there is always an uprising of grief with anybody
within any kind of distance from it. In most cases it's not justified --
that they're opposed to it because they feel that it's going to do
something to their property values.
Now, there's two elements here. We've got a 10 percent for the
80 percent of median income and below, then we have 10 percent for
the 80 percent to the 100 percent of the median income. Now, the first
part, the 80 percent and down, Habitat for Humanity's been doing an
excellent job out there, and you can't compete with them as far as the
product they can offer at the price they can with the sweat-equity and
the volunteers that they have, so I don't think that's really an issue.
What has to be considered, if we could drop that, in other words,
concentrate on the 10 percent that's for the workforce people, the
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January 12,2010
nurses, the teachers, that particular workforce that we're making --
want to make sure there'll be a housing stock -- and right now,
although there may be plenty of housing stock, by the time you build
your project out and everything, there may be -- there will probably be
a demand for it again.
If you could get the neighbors to agree to that, that would be a
wonderful thing to be able to go forward with, and let -- the low end of
it. I wouldn't have any problem with dropping the low end of it,
because the need is going to be met by Habitat for Humanity for a
long time to come.
And one of the things though is that, I know you're in a hurry to
get this through, and I can understand why, but I still think there has to
be some due process, and I don't think the Planning Commission
should be dropped out of the process, and I would really want to --I'd
insist upon at least one neighborhood meeting before it went to the
Planning Commission, just to try to get a feel of the public itself and
make them aware of what's taking place.
CHAIRMAN COYLE: Okay. Commissioner Mac'Kai?
COMMISSIONER COLETTA: Oh, good shot.
CHAIRMAN COYLE: Oh, it's Fiala. I'm sorry, I forgot.
COMMISSIONER FIALA: It's a running joke between us.
Yes, I had a couple comments on some of these -- some of the
things. First of all, the developer, from what I remember, did never
ask for affordable housing. He wanted to build something all together.
It was we that demanded it, not him, and so it wasn't like he would
then rebut. It's not what he wanted in the first place.
Secondly, Commissioner Halas stated something about, people
should be able to live closer to their place of employment so they
could ride there on their bikes. The problem is that we have so much
affordable housing in East Naples, 40 percent of our housing; 40
percent of our housing in East Naples is low-income housing.
And so we can't attract any retail businesses here, we can't attract
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January 12,2010
hotels, we can't attract those businesses that would employ them.
These people then have to go to the other parts of the county because
there aren't any jobs here, and that's kind of sad.
And what we're trying to do is pick ourselves up and try and add
another element, because another problem that we're dealing with --
we have more low-income housing in East Naples than they have in
all of Immokalee; 40 percent was our housing. And so it's not like
we're -- you know, we're the ones that are the bad guys. We have
been supporting the whole county's affordable housing all of these
years.
And when other housing is approved for other parts of the county
-- for instance, Signature Properties, they were able to pay it off so
they didn't have to have affordable housing there. And what about --
what was it called, that Bill -- Bill Hoover's Foxboro or Fox Run or--
CHAIRMAN COYLE: Buck's Run.
COMMISSIONER FIALA: Yeah, Buck's Run. Then the people
in Vanderbilt Country Club were able to -- even though it was
approved, were able to stop it, and nobody ever said anything about
NIMBYism to them. And then there was -- I would go on and on. I'm
not going to do that now. I'm just going to tell you, we're still building
-- we're the only place in Collier County that's still building affordable
housing. Habitat is building 184 as we speak right now, but no place
else is getting it, and yet they see that we should be having more.
And I can understand why the neighbors are saying, give us some
relief and let us get some other type of housing here because what we
need to have is a blend in our community so we can attract retail, so
we can blend our schools so they're better balanced. Right now
nobody wants anybody in our schools. All of the people who are
middle class move to the north end of town because they don't want
their kids in our schools.
Well, you know, the only way we're going to overcome that is to
start building moderate income housing. And if this gentleman is
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January 12,2010
going to want to build that to help us balance out our community,
well, I applaud him. And so -- and I think this is what the community
is saying. Thank you.
CHAIRMAN COYLE: Okay. Thank you.
Commissioner Halas, you wanted to make a rebuttal?
COMMISSIONER HALAS: Yes. Just basically -- I understand
Commissioner Fiala, your feelings, but also North Naples has an awful
lot of affordable housing, and it seems to work out fairly well where
we have a good mix.
The 600,000 for each of the items that Signature decided to put
forth, I'm not sure where that was slated for. I don't think any of us
know where that affordable housing was slated for. And it's a very
good possibility that will be in the North Naples area, District 2 area.
So we have our fair share, and it's blended well. We don't have
any more concerns about crime or things of that nature. It seems to
blend well. And we have an awful lot of retail up there that take
advantage of those people who do have affordable housing in the
North Naples area.
COMMISSIONER FIALA: Yeah, excuse me. But you see, one
of the things that we have here in East Naples, we only have a
two-pronged community, low income or retirees. We don't have--
when the retirees go home in the summer, there aren't any people here
to shop, and so that's why retail doesn't locate here.
And so -- whereas in North Naples you've got a nice, nice mix of
people, a good blend. And as you know, all of the stores keep going
up there. We would love to attract some down here, but until we get
some people to be able to shop --
COMMISSIONER HALAS: I'm going to make an effort to have
people from North Naples go down to East Naples to help you out,
honestly.
CHAIRMAN COYLE: Mr. Pritt, just a couple minutes to
address any questions or any statements that you've heard that you'd
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January 12,2010
like to disagree with, please.
MR. PRITT: Yes. Thank you very much for your discussion.
The -- the county attorney had indicated that it should go through
the Planning Commission review. I agree with that. That's what I was
going to say. And we have no problem with that.
The statute doesn't say when it has to go through Planning
Commission review, and it has happened --I'm not sure about it in
Collier County. It has happened other places where the review is done
at a -- as long as it's done prior to the time you actually do your
adoption, that counts as the Planning Commission review.
So that was -- that's my point. I don't think it has to rush back to
the Planning Commission, although we would love to have it rush
back to the Planning Commission, but I don't think it has to as a matter
oflaw.
As far as other parts of the discussion are concerned, I think --
and I don't want to speak for staff -- but I think that there is no major
objection to this going into the Immokalee round that has been started.
But just in case there's any question about that, if there's some
direction that we can get from the commission on that, if you're not
willing to put this into the current round, which is what we really need
and would really like to have you do, secondly, we would ask that you
consider having this as a board-initiated change and put into the
Immokalee round.
COMMISSIONER FIALA: And I'd like to make that motion.
COMMISSIONER HENNING: Second.
MR. KLATZKOW: That means -- that means they're not going
to be paying for it, okay. That's what he's getting at there?
COMMISSIONER FIALA: Oh, I see. Not paying for it at all?
MR. PRITT: Well, we -- it would -- it would make it so we do
not have to pay -- the fee's like $17,000. There have been lots and lots
and lots of fees that have been paid already for it.
MR. OCHS: Mr. Chairman?
Page 26
January 12,2010
COMMISSIONER FIALA: Nick, can you talk to that?
MR. OCHS: We have staff available if you'd like to hear a little
information on the schedule on this, just so you know what the
scheduling cost considerations might be.
MR. CASALANGUIDA: Sure. Good morning, Commissioners.
Nick Casalanguida, for the record.
The fee is $16,700. And as you know, the reductions we've just
recently had, we're happy to include them in the Immokalee Area
Master Plan cycle, he pays his fees; he works with everybody else.
It's a precedent setting to include him in the current cycle and
then have it, again, board initiated, even in the second cycle. You're
asking staff to do all the work for the applicant. That's a lot to ask for
when we're in this time, Commissioners.
We're customer-service orientated, we're friendly, we're going to
work with the applicant to get the data and analysis reviewed quickly.
But to have it be board initiated means that you'd be asking us to pay
for that and put the staff time forward out of our budget, and that's
something you need to consider.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Didn't you tell me that most of
the work has already been done, just yesterday, and that this could be
a greatly reduced amount?
MR. CASALANGUIDA: It could be a reduced fee, and I'd have
-- again, with Attorney Klatzkow, we'd put together something for
your review to consider. But that data and analysis has to be specific
to the project. We couldn't look at just countywide. We'd have to look
at what they're proposing in that location and submit that. And that's
typically that applicant's responsibility to do that. And we're happy to
do that, but hitting us here and asking us to do that is kind of, you
know, double whammy, so--
CHAIRMAN COYLE: We have a motion on the floor. Do you
want to continue with your motion, Commissioner Fiala? It is -- has
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January 12,2010
been seconded by Commissioner Henning.
COMMISSIONER FIALA: I would like to modify it a little bit,
if I can.
Bob, if you could be doing that work that they would have to do
-- because we're really short staffed anyway -- and if they would
reduce the rate because the rest of the work has already been done, so
that both our -- you know, they get paid for the work that they have to
do but you don't have to pay for work that doesn't have to be done, as
Nick was saying yesterday in my office. Would that work out for
you?
MR. PRITT: I'll check with my client. The -- I haven't seen the
memo as--
,
MR. CASALANGUIDA: There is no memo, it's just a schedule
with the actual fees. I would put together something with the county
attorney with the process. But again, you're not going to be in front of
the Planning Commission this cycle. You'd be somewhere as the
transmittal hearing. You'd be hearing this as early as next week or on
February 1st. So -- 2nd. That's pretty quick. You're not going to have
much data and analysis at that time.
CHAIRMAN COYLE: County Attorney?
MR. KLATZKOW: Yeah. And we'll have to come back with a
better estimate. We've been talking anywhere between 2,000 and
$5,000. Somewhere in that neighborhood for staff time, which is
obviously much less than the standard cost. And on top of that there
will be advertising costs that will need to be borne by the petitioner,
and those are not inconsequential.
MR. PRITT: My client said that would be fine.
CHAIRMAN COYLE: Okay. Just a question before we
continue with your motion, if you don't mind.
Does the motion envision approving the proposal to propose
change as it has been specified by the petitioner, or does it mean that
we re-evaluate the number of residential units that will be allowed
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January 12,2010
there? Right now it says a minimum of 91 residential units will be
allowed there. That implies that a larger number of residential units
could be approved.
And so I -- my expectation is that when the board approved the
requirement for the affordable housing that the board was willing to
grant a higher density on the property to compensate for the
investment in affordable housing.
If you remove the affordable housing requirement, does that
mean that you put a cap on the density in that area? Those are the
kinds of considerations that I have not heard discussed. And we've got
two people who want to speak.
Nick?
MR. CASALANGUIDA: You're not -- I would hope that as part
of this motion you're not making a decision. You're agreeing to hear
this item, and then hear all the information that goes with this item at a
later date.
CHAIRMAN COYLE: And it will go through all of the proper
staffing steps to accomplish that.
MR. CASALANGUIDA: And not -- and not the sequential order
that's typical if this is approved by you when it comes back. You'd be
hearing it as a board first.
MR. KLATZKOW: No, no, no.
MR. CASALANGUIDA: No, ifhe's asking for a separate cycle.
He's asking for it to be on the current cycle right now. That's
scheduled next week and in February. If you're asking to be on
Immokalee, then you'll hear it through the Planning Commission.
CHAIRMAN COYLE: Okay. Well, as I understood it, it was
through the Immokalee plan, right?
MR. KLA TZKOW: That's my understanding.
CHAIRMAN COYLE: Jeff, did you have anything?
MR. KLATZKOW: Yeah. What's going to happen is they're
going to submit a new application. The application will be for the
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January 12,2010
Immokalee cycle. That application, he'll put down what changes he
wants. That's why we need the public process, because it will go to the
public with those changes, they'll have comments, it will go to the
Planning Commission. There may be changes to density, there may
be changes to who knows what.
But eventually, hopefully, it will be an agreement with the
community and Planning Commission and the petitioner, changes will
be made to the proposal, and then it will come to you for review and
possible transmittal.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: I have some real concerns on this.
As was stated by Nick, we have laid offa number of people. Now we
have an individual that's looking for a bargain, and there is no bargain,
especially when you ask us to put this in the cycle to put undue
pressure on the staff that we have there. Either you're going to pay the
full amount or else, and that's where I stand on this.
We've cut deeply, and we just do not have the option of having
people just to drop everything, because obviously they've already got
a work plan of where they're at in the progression of things that are
going to be brought before the board and brought by other people in
the development community. And I just don't think it's fair.
So if you're not willing to step up to the plate and pay the full
amount, you do not have my vote. And I feel that pushing this
forward to where this comes before us by February 1 st -- and if staff
doesn't have the resources to get all the information available, I think
that we're doing unjust policy for the citizens here in Collier County.
CHAIRMAN COYLE: One other item. Commissioner Fiala, is
there a provision in your motion to allow the petitioner to be charged
certain costs associated with this?
COMMISSIONER FIALA: Yes. I wanted to modify it to say
that he would be paying the costs that are necessary. I realize that
Nick has said that all of the costs aren't necessary because all of the --
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January 12,2010
many of the things have been done. But it would be a reduced cost,
just depending on what it costs staff.
And that's what Nick said yesterday. We're not going to be
charging him for something that he doesn't need to be paying for. He's
changed his way of dealing with things down in CDES, and they're
going to get charged for what they need to pay for. Sometimes the
charges are less, sometimes they're more; isn't that what you said
yesterday?
MR. CASALANGUIDA: Commissioner, we can track every
single hour that staffs put on this. They're fully burdened salaries, and
we can come back and present something with you. What's not
typical is your fee structure is based on averages. So because a lot of
the work's been done, if the board wishes on this petition, we'll track
every staff person who touches this, hours, and that's all they would
pay, plus advertising.
If -- I want to read a couple dates on the record so the petitioner
and the board and we are clear what we're talking about. The
applicant would have to submit by February 1st if it's on the
Immokalee cycle, they would have to have a neighborhood
information meeting prior to the CC (sic) transmittal hearing.
CHAIRMAN COYLE: Which is what date?
MR. CASALANGUIDA: March 18th. CCP (sic) consent
review would be April 1 st. BCC transmittal hearing would be May
4th and 18th, and then we get into the adoption hearings on October
28th and 29th, and the following year of January 28th and 29th for the
board.
So I want to make sure that the applicant's heard that on the
record and he's going to comply with those dates, because what we
don't want to get into is, well, we weren't able to submit it until
February 7th, and we missed the hearing. If you can do all that, we
will work with him and charge him our hourly rate.
COMMISSIONER FIALA: Does that work for you?
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January 12,2010
CHAIRMAN COYLE: Okay.
MR. PRITT: Yes, that would be --
CHAIRMAN COYLE: And that's your motion?
COMMISSIONER FIALA: Yes, that was my motion.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: I'm done.
CHAIRMAN COYLE: Okay, all right.
COMMISSIONER HENNING: The second agrees with the
motion.
CHAIRMAN COYLE: Okay, all right. Good. Thank you very
much, Commissioner Henning.
Any further discussion on the motion?
(No response.)
CHAIRMAN COYLE: All in favor ofthe motion, please signify
by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: All opposed, by like sign?
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Okay. The motion passes, 4-1;
Commissioner Halas dissenting.
MR. PRITT: Thank you very much.
CHAIRMAN COYLE: All right. Thank you.
Item #6B
PUBLIC PETITION REQUEST BY NICK LICHTER ON BEHALF
OF QUEENS PARK COMMUNITY SERVICES ASSOCIATION,
INC., TO DISCUSS REMOVAL OF EXOTIC PLANTS FROM
Page 32
January 12,2010
HAWAII LAKE LOCATED IN QUEENS PARK - DISCUSSED
AND CONTINUED TO A FUTURE BOARD MEETING
MR. OCHS: Mr. Chairman, that moves us to Item 6B under
public petitions. It's a public petition request --
COMMISSIONER FIALA: May I interrupt just a minute? Just,
Bob, would you tell your wife that we send our best to her, okay?
Thank you very much.
MR. OCHS: Thank you, ma'am. Public petition request by Nick
Lichter on behalf of Queens Park Community Services Association,
Inc., to discuss removal of exotic plants from Hawaii Lake located in
Queens Park.
MR. LICHTER: Good morning, Commissioners --
CHAIRMAN COYLE: Good morning.
MR. LICHTER: -- Chairman. Congratulations, Chairman
Coyle.
CHAIRMAN COYLE: Thank you.
MR. LICHTER: I'd like to thank you for the opportunity to
address the board. My name is Nick Lichter. I'm the property
manager at Queens Park Community Association. It's an HOA in
Naples. I work for Ability Management, and I'm their property
manager.
The residents in Queens Park are in need of the county's
assistance, and their board of directors has asked me to come before
you today.
Before I continue I want to be sure that I express my gratitude to
staff, in particular, Jerry Kurtz and John Vliet, Norman Feder, and
Commissioner Fiala also for helping us to come up with some
solutions to the challenges that the residents are facing with respect to
Hawaii Lake. It's a marsh that was developed there about 15 years
ago. But staff has been more than accommodating in helping us come
up with some possible solutions.
Page 33
January 12,2010
Queens Park is situated between Kings Lake and Shenandoah
Estates, and it has fallen victim to a local developer. Queens Park is a
small community. It consists of284 single-family homes with no
amenities. It has no golf course, no clubhouse, no tennis courts, a
pool, or any other major amenities. So it doesn't have a big budget or
a large emergency fund.
Their annual assessments are only $227, and that really just
covers their common area maintenance expenses for a couple of lakes
and some landscaping. But about three years ago, a number of the
Queens Park homeowners reported to the board that cattails were
beginning to grow in Hawaii Lake, and that was largely due to the fact
that someone had stopped maintaining it. Noone knew who was
taking care of the lake, but the result was an unsightly and steady
collection of cattails and some other exotic plants in that lake. They
were one to two feet tall at the time and now they're 12 to 14 feet tall
in some places.
So Queens Park began researching the issue to find out who was
responsible for maintaining the lake. Up to that point, they discovered
several things. First, they found that the marsh was supposed to be a
lake, and this was a result of some investigation that one of Queens
Park board members was doing, just searching the PUD and some
other records concerning the development itself.
During construction the developer, Landmark Communities,
found that they could not dig the lake to the planned depth because
they had found shallower bedrock than expected. Now, the county
approved the change in plans, meaning digging a lake deeper than
they had originally planned, to a 3-foot depth, and the residents were
not happy.
So they went on record and recorded a Statement of Intent in
April of '96 in order to protect themselves from being responsible for
an inadequately excavated marsh.
This Statement of Intent caused the developer, it forced him,
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January 12,2010
really, to maintain ownership of the lake and it protected Queens Park
from owning and maintaining the lake for awhile.
In the summer of 2008, Queens Park learned that the -- a
homeowner from Shenandoah Estates, which is across the marsh, had
been taking care of the lake from his rowboat and that he had moved
away, and since that time, the lake was left unattended to. So it was
not being maintained by anyone and it was clogging the proper
stormwater flow for several neighborhoods.
While Queens Park was investigating ownership and
responsibility for the marsh, along comes Collier Code Enforcement.
They became aware of the fact that there was a code violation due to
the invasive exotics. In October of 2008, code enforcement issued the
owner of Hawaii Lake, Landmark Development, a Notice of
Violation.
Mr. Asad, the principal of Landmark who, as it turns out, is a
pretty savvy fellow, then quitclaim deeded the property to Queens
Park, and the code case came with it.
Queens Park has since met with its attorney a number of times,
and they've discovered that any legal action would be very costly and
without great prospects for success. In other words, even if Queens
Park could win a decision against Landmark Communities, it could
still lose financially. After all, the only people who win the lawsuits
are the attorneys.
So Queens Park finds itself in a very precarious place where the
very financial future of the community could be at stake. In spite of
its designed shortcomings, Queens Park is willing to accept ownership
of the lake, but it simple cannot afford to take over and pay for the
required cleanup up that it desperately needs. This is why I'm before
you today.
Queens Park respectfully requests that Collier County help the
residents of Queens Park by cleaning up Hawaii Lake. I believe that
Queens Park is proposing here -- what they're proposing here today is
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January 12,2010
a win-win for the county stormwater plans. It's a win for surrounding
neighborhood stormwater needs, and it's a win for Queens Park
residents.
If my memory serves me correctly, the county came to the rescue
of another community in Naples in a similar situation when it cleaned
Haldeman Creek and helped the residents there to form an MSTD. If
the county will allocate the funds to clean the lake, Queens Park will
commit to performing maintenance and drop any legal challenges to
the ownership of the lake.
With respect to the level of cleanup that's needed and what the
costs would be, there are at least two options. Queens Park has
obtained a quote to just remove the exotic plants and haul them away.
That would satisfy the code case, and we could get that done for about
$25,000. We got that proposal from the association's lake
maintenance company who takes care of their other four lakes already.
Now, the county's stormwater department, who's worked hard to
help us resolve the issue, they developed a scope of work that goes
even further. This scope calls for removing the muck and includes
some landscaping along the banks. The county has obtained quotes
for this work, and it is in excess of $140,000.
But Queens Park would rather take ownership of a lake that has
all of the muck removed and is freshly landscaped, of course, but the
bottom line is this, Queens Park needs your help if it's going to survive
this financial hardship. They simple cannot afford to spend $25,000
right now or $140,000 to clean up the lake.
Now, I think we can all agree that they were left in a lurch.
Savvy developer learns that there's a code case on a lake that he owns
and is responsible for maintaining, we think, quitclaim deeds the
property over to the HOA. So now the HOA is stuck with a Notice of
Violation, pending fines if it doesn't get cleaned up, and they're left
spending money on attorneys' consultations, trying to figure out where
they can go. If they don't get help from the county, their real only
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January 12,2010
other option is to try to sue Landmark and Mr. Asad. And I've already
spoken to that point. If they do that, it's very likely they could win a
case, but even if they win the case, I'm sure Mr. Asad is very good at
hiding his money and keeping the association from obtaining the
funds that they might receive in a judgment.
So I'm asking you to please consider Queens Park request and
help them by cleaning up that lake. Thank you very much.
CHAIRMAN COYLE: Thank you very much.
Commissioner Henning?
COMMISSIONER HENNING: Well, there's a third option, and
I think this is what we should be doing, and that's nothing. You know,
the association is losing money because of foreclosures. They're not
collecting their dues. The county is -- obviously the assessed values
are down. They're not collecting taxes that we have in the past.
From my members -- I've had communications with one of my
constituents requesting the county clean mold off a privacy wall. The
expectations are very high, but then these economic conditions, for
government to do nothing, I believe, is the right thing to do in this
case. That's it.
CHAIRMAN COYLE: Okay. Thank you very much.
Commissioner Halas?
COMMISSIONER HALAS: I had a similar situation up in my
area, and I think what it behooves the homeowners association to do is
to establish an MSTU to take care of this problem since the land
belongs to the homeowners association. Obviously, it always was
going to be part of the homeowners association.
In these economic times, we just don't have that type of money,
whether it's 25,000, whether we go in there and clean all the muck out
of there and it's 140,000.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yeah. What happened with the one
in your district? Is that the one where --
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January 12,2010
COMMISSIONER HALAS: That was the lake -- that was the
lake in Naples Park and they wanted that cleaned, and we said that
they had to start an MSTU with the people that were bordering around
that lake, get it clean.
COMMISSIONER FIALA: Did we clean it and then they
maintain it or what happened there?
COMMISSIONER HALAS: No, no. They cleaned it
themselves.
COMMISSIONER FIALA: They cleaned it themselves; they
established their own MSTU?
COMMISSIONER HALAS: Yes.
COMMISSIONER FIALA: Norm, is this -- and now you called
on me. Is this part of -- in any way part of the stormwater
management system that you have over there that -- or the LASIP
project that you have over there?
MR. FEDER: For the record, Norman Feder, transportation
administrator. Commissioner, no, it is not. It is a private lake, the two
communities. Shenandoah does outfall into it by an agreement with
Queens Lake, and it is a private lake. I think because of the issues
raised, we wanted the opportunity for them to petition the board.
Realistically, 25,000, or whatever the quote was, just to eliminate
the cat 0' nine tails and some of the exotic vegetation really won't do
much because there's so much muck there that it's just going to
regenerate. The cost at 140,000 is fairly high, but that's truly what it
should cost to go in and totally scrape it and have a chance to maintain
it in the future.
So that's what we just wanted to present to the board. Obviously,
not being on a public system, if we were to do anything, we would
have to have the approval of the board to proceed and use public funds
which, as you pointed out, are very limited at this time.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER FIALA: I had one more question, please.
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January 12,2010
CHAIRMAN COYLE: Go ahead, sure.
COMMISSIONER FIALA: Is there a way that we could take the
code case -- I guess this is for Diane Flagg -- because they can't afford
to do this now -- at $227 a year for homeowner association fees, it will
probably take them a while. Is there a way that we can put this code
case aside until they can resolve this issue and take care of it?
MS. FLAGG: Diane Flagg, code enforcement director, for the
record.
We've been working with Queens Park, and we've told them that
we're -- we want to help them achieve compliance, so there's no
definitive time frame. The only thing that would push the time frame
is if there was a stormwater issue, but I'm not hearing that it was a
stormwater issue.
This came in by a community member. A community member
filed the code complaint, and so we were obligated to open the case,
looked at it, did the research with some of the members of the group,
and identified what the issues were.
So we're happy to work with them. We're even happy to help
them do a cleanup. We've done cleanups with neighborhoods where
the investigators go out and actually clean up the neighborhoods and
clean up lakes. We did a lake out in your district where we helped
them.
So we're -- we're willing to help in whatever way we can.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: Mr. Klatzkow, can we give the
county manager direction to table this enforcement action for a
number of years until this can be resolved, like five years?
MR. KLATZKOW: Yes, you can give direction.
COMMISSIONER HENNING: Okay. I'm going to make that
motion that we give the county manager direction to table this code
action for a minimum of five years.
COMMISSIONER FIALA: Okay. I'll second the motion.
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January 12,2010
Thank you.
CHAIRMAN COYLE: Okay. We have a motion by
Commissioner Henning, second by Commissioner Fiala.
Commissioner Halas?
COMMISSIONER HALAS: We have another option here
before we take a vote. Since the developer obviously understood what
his requirements were and he then went for a quitclaim deed, is there a
way that the county can basically tell the developer that he still has a
commitment to straighten this out?
Obviously we've had other cases where the developer has tried to
leave the homeowner groups in a lurch, and we used to have a person
that took care of strictly problems with the homeowner associations
whereby things were going to be turned over to the homeowner
association that the developer was trying to renege on. So do we have
a recourse here?
MR. KLATZKOW: Let me ask a question. Have the
homeowner association accepted the lake?
MR. LICHTER: I don't know how they would do that.
MR. KLATZKOW: Well--
COMMISSIONER HALAS: You had a quitclaim deed. Did you
accept it?
MR. KLATZKOW: Did you accept the deed?
MR. LICHTER: We printed it offline because -- that's how we
learned about it.
MR. KLATZKOW: Okay. So there was no acceptance?
MR. LICHTER: No.
MR. KLATZKOW: Then he still owns it.
COMMISSIONER FIALA: Even though he quitclaimed it.
MR. KLA TZKOW: I mean, it takes two to tango. I mean, all
quitclaim means is that I'm giving you my property but I'm not
making any representations or warranties. That's all it means.
COMMISSIONER HALAS: Well, then, therefore, I think that's
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January 12,2010
the direction that we should go at that point in time while this code
case is pending, because obviously he understood what the
ramifications were and decided to burden the homeowners association.
And I think that's the course we ought to take instead of coming in
here and trying to get public money to straighten out a problem.
CHAIRMAN COYLE: Commissioner Fiala, do you have
anything else?
COMMISSIONER FIALA: Yeah. That's exactly the question I
was going to ask, if they even knew that it was quitclaimed to them.
So can -- so then it really actually belongs to the -- this developer yet
because they didn't receive it?
MR. KLATZKOW: Well, generally the way these things work is
that once a community is fully developed, the developer deeds all of
the common areas to the homeowners association, the homeowners
association accepts, and the developer stands -- walks away. From
what I'm hearing here, that never happened here. Now, I don't know
what the documents say, if there's a requirement for them to accept it
or not. I'm simply saying that you simple cannot write a piece of
paper, sign your name, and walk away from an obligation. There has
to be something else there.
So unless there's something else there, at this point in time the
developer still owns that lake and it's his obligation.
COMMISSIONER HALAS: Then that's where we've got to go.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: I'm willing to remove my
motion until we can verify the ownership of the lake.
MR. KLATZKOW: May I make a suggestion that we come back
to the board with a report on this?
COMMISSIONER HENNING: Yeah, that's what I'm willing to
do, to continue this public petition until we get more information.
The bottom line is, if the code action still stands and the
developer's not willing to respond and we foreclose it, who owns it
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January 12,2010
then? The county? We're back in the same situation. But I'm willing
to kick it down the road to get more information.
MR. LICHTER: May I say something? Doesn't the county have
some authority to tell a developer that he can no longer build in this
county until he takes care of his property --
COMMISSIONER HENNING: Who's--
MR. LICHTER: -- that has a violation?
COMMISSIONER HENNING: Who's building anyways? I
don't know if anybody's building right now.
MR. LICHTER: Well, in answer to my question, can -- does the
county have that power? If you've got a developer who has a violation
on one of his properties, there's nothing you can do to him?
CHAIRMAN COYLE: County Attorney?
MR. KLATZKOW: We have a number of remedies available.
As Commissioner Henning's pointed out, some of those remedies may
not be as forcible as they used to be. But we would like to come back
with you with a full report with possible recommendations for the
board's consideration. It's going to take more than two weeks, so it
will be a little bit down the road.
CHAIRMAN COYLE: Okay. And County Manager, you
understand what the board is asking you to do?
MR. OCHS : Yes, sir.
CHAIRMAN COYLE: Okay, very good.
Anything else from the board members?
(No response.)
CHAIRMAN COYLE: Okay. Thank you very much. We
should work toward a resolution.
MR. LICHTER: Thank you very much.
CHAIRMAN COYLE: Okay.
Item #9A
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January 12,2010
RESOLUTION 2010-06: APPOINTING LARRY WILCOXSON TO
THE AFFORDABLE HOUSING ADVISORY COMMITTEE -
ADOPTED
MR. OCHS: Okay. Mr. Chairman that takes us to Item 9 on
your agenda, Board of County Commissioners. 9A is appointment of
member to the Affordable Housing Advisory Committee.
COMMISSIONER HENNING: Mr. Chair, I make a motion that
we appoint Larry Wilcoxson.
CHAIRMAN COYLE: Okay. That's the committee
recommendation. It's a motion by Commissioner Henning to appoint
Larry Wilcoxson, committee recommendation. Is there a second?
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Second by Commissioner Fiala. Any
discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
Item #9B
RESOLUTION 2010-07: APPOINTING MARGARET (PEGGY)
HARRIS AND RE-APPOINTING KA YDEE TUFF AND W.
JAMES KLUG III TO THE GOLDEN GATE COMMUNITY
Page 43
January 12,2010
CENTER ADVISORY COMMITTEE - ADOPTED
MR. OCHS: 9B is appointment of members to the Golden Gate
Community Center Advisory Committee.
COMMISSIONER HENNING: Mr. Chair, I make a motion that
we appoint the committee's recommendation; it would be Kaydee
Tuff, Margaret Harris, Peg Harris, and James King.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. A motion by Commissioner
Henning and a second by Commissioner Fiala to appoint all the
committee's recommendations.
Any discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
Item #9C
RESOLUTION 2010-08: APPOINTING ANTHONY MARINO
AND RE-APPOINTING KENNETH KELLY AND LIONEL G.
L 'ESPERANCE TO THE COLLIER COUNTY CODE
ENFORCEMENT BOARD - ADOPTED
Page 44
January 12,2010
MR. OCHS: 9C, appointment of members to the Collier County
Code Enforcement Board.
COMMISSIONER FIALA: Motion to approve committee
recommendations, Kenneth Kelly, Lionel L'Esperance, and alternate
Anthony Marino.
CHAIRMAN COYLE: Is there a second?
COMMISSIONER HENNING: Second.
CHAIRMAN COYLE: Okay. A motion by Commissioner
Fiala, second by Commissioner Henning to appoint the committee
recommendations.
Any discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
Item #9D
MOTION TO APPROVE ALL SIX APPLICANTS - DENIED;
RESOLUTION 2010-09: APPROVING THE COMMITTEE'S
RECOMMENDATION BY APPOINTING VLADIMIR RYZIW
AND RE-APPOINTING DOUGLAS M. FEE, JANET H. VASEY,
JAMES R. GILSON AND STEPHEN A. HARRISON - ADOPTED
MR. OCHS: Commissioners, 9D is appointment of members to
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January 12,2010
the Collier County Productivity Committee, and I understand that you
have a registered speaker for this item.
CHAIRMAN COYLE: Very well. Then we'll take the speaker
now.
MS. FILSON: Bob Dorta.
MR. DORTA: Good morning, Board. My name is Bob Dorta,
for the record, and I'm here to speak in support or in -- I was almost
invited -- I was invited. Mr. Coletta took good time out of his
schedule last Sunday and called me on the telephone to ask me -- I
have applied for the Productivity Committee board, and I understood
-- the only way I found out that I was not recommended for this board
was through Mr. Coletta's phone call to me.
And I'm here to, perhaps, answer any questions initially, first, to
express my desire to serve the county in this capacity. I have a
resume. I'm sure you've seen it in your packet, so I won't bore you
with it right now.
I have varied experiences -- quite a variety of experience in
various-sized organizations, both in public and private life, and I'd just
ask that you'd please consider the ability -- my abilities and that you
ask -- and that -- I ask that you please consider allowing me to serve
on this board, although I do understand that there are requirements and
qualifications that you are seeking, and I also understand that it is not
an entitlement of mine by any stretch, and I serve at your desires and
your wills. So I fully accept whatever your decision would be.
I'm hear to respond to any concerns or questions that anyone may
have of my ability to serve on that board.
CHAIRMAN COYLE: Commissions Coletta?
COMMISSIONER COLETTA: Yes. I do appreciate that fact
that you came in today. And I'm a little bit concerned. I understand
that when the Productivity Committee met to make their
recommendations that you didn't make that meeting; is that --
MR. DORTA: No, sir, I did not.
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January 12,2010
COMMISSIONER COLETTA: Yeah, and so that might be the
possibility. But your background, everything from your military to
your community involvement, your education, that might be -- your
young age might be a consideration that they're putting into this, but if
anything, we do need to balance this committee out with some young
people, and I think this would be an excellent addition to it.
If I'm not mistaken, there is a total of eight vacancies on this
committee; am I correct, Ms. Filson?
MS. FILSON: Yes, sir.
COMMISSIONER COLETTA: Yeah. And we had six
applicants, five of them which were submitted -- were submitted were
approved. Mr. Dorta could not make that meeting when they were
doing the recommendations. But if you read his resume, it has all the
qualifications that we desire to have on there plus the fact of his youth
that is a very positive thing that represents a part of our community
that, in many cases with advisory boards, we don't get that opportunity
to see.
And I'd like to make a motion at this time to approve all six
applicants for the Productivity Committee and then re-advertise for the
remaining two.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HENNING: I'll second that motion.
COMMISSIONER HALAS: My concern is -- my concern is that
-- did you give a reason why you missed the meeting?
MR. DORTA: Just my work commitment, sir. I was invited to it
a day before, and I had some prior commitments I had to make.
COMMISSIONER HALAS: Did you let them know about that?
MR. DORTA: Yes, sir, I did.
COMMISSIONER HALAS: Okay. Because I think one of the
things that the Productivity Committee stresses, and that is that when
somebody makes a commitment -- because there's a lot of research
work that they do, that it's done in a timely manner.
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January 12,2010
MR. DORTA: Undoubtedly.
COMMISSIONER HALAS: And so, therefore, if you didn't
show up, they probably felt that your interest there was not adequate
enough for the responsibilities that they require that need to be done
by the members that are on this Productivity Committee.
MR. DORTA: No, again, I understand. And if that's the reason,
then I accept it.
COMMISSIONER HALAS: So if you do have an interest in
this, I think what we need to do is address what the committee's
recommended, and then I think that you need to basically resubmit
your application, and hopefully that -- at the time that they do the
interview, that you can make sure that you make the second interview.
I know there's a motion on the floor, but my feeling is, we try to
go along with what the committees recommend. And I think that if
you're totally interested in this, then you should make every effort
possible. Maybe you can talk with your employer, that you need an
hour or so off to do a public -- public commitment.
The other thing is that the Productivity Committee does meet
during the day. So if that is going to be a problem with you keeping
attendance on the Productivity Committee, then that's something that
you should look at very carefully.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yeah, that -- it was more or less my
question was, being that they always meet at two o'clock in the
afternoon on a Wednesday, will you be able to make future meetings?
Attendance is extremely important.
MR. DORTA: Yes, ma'am. I'm self-employed. I could do that.
That would -- as long as I knew the schedule and as long as I could
plan accordingly, it would not be an issue. I already serve on two
other civic committees presently. Well, one has sun- --
COMMISSIONER FIALA: City committees or county
committees?
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January 12,2010
MR. DORTA: County. I serve on Conservation Collier, and I
served, it has since sun-setted, on the Habitat Conservation Plan
Advisory Committee, so I fully understand the necessity to attend all
meetings.
CHAIRMAN COYLE: Since you've already had one chance, I'd
like to ask a question.
Bob, why do you want to be on the Productivity Committee?
What do you -- what do you think you can do on the Productivity
Committee that the other nominees can't do better?
MR. DORTA: I'm not saying anyone can't do anything better.
All I know is -- first I saw an opportunity to serve the community on
this listing. My background in both public and private life, I always
wanted to serve in a capacity where I could bring more efficiencies, if
possible, another look on the way organizations are run; and I saw
great inefficiencies, in particularly public life, because we're dealing
with the public sector right now. Both, you know, when I was in the
army, when I worked at local law enforcement and state law
enforcement, and I always wanted to see if I could serve to make
things better.
And when I saw the opportunity, I almost felt -- I'm not going to
say I was duty bound, but I saw -- I felt a calling to submit for it and
try. I saw that they had more vacancies than applicants, and I wanted
to bring my -- whatever talents I may bring to the table to make an
improvement on the board. That was my only motivation.
CHAIRMAN COYLE: Okay. Let me tell you how the
Productivity Committee generally goes about choosing the applicants
that they recommend. They look at their needs and the skills of the
applicants. And as a former infantry officer, I will not disparage
another infantry officer. But we're -- the Productivity Committee
traditionally looks for people who've had a lot of experience dealing
with financial affairs in budgets of very large, complex organizations.
Now, an infantry company can be a very complex organization
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January 12,2010
and face a lot of challenges but not the kind of challenges that we have
here in Collier County.
The Productivity Committee's looking for people who have had
substantial experience in workflow analysis and efficiency
determination and organization of large, complex organizations, and
they look for people who have those qualifications.
Your resume doesn't indicate that you have gained that kind of
experience. Beyond infantry officer assignments, you've been part of
law enforcement, and you're now a taxidermist. So, you know, I'm
not sure that that skill set fits well into the Productivity Committee.
There are lots of places where I think you could serve very, very
well if your desire is just to serve the public. But if we were to take
your qualifications and compare them with the other people on this
list, I think the other people have qualifications which more closely
match what the Productivity Committee is looking for.
And so I don't know that we just need to jam somebody into a
position because they're young. I think we need to find people who
are experienced and have the demonstrated job performance that will
meet the needs of the Productivity Committee, and they're best
qualified to make that determination, quite frankly, in my opinion.
And so I would support the committee's recommendations and,
Bob, encourage you to continue volunteering and serving. But why
this particular committee, I don't know. There are a lot of other people
who have qualifications that more closely fit it.
MR. DORTA: I understand your concern, Mr. Coyle, but you
didn't have a lot of other applicants either, and I --
CHAIRMAN COYLE: Well, there are reasons for that.
MR. DORTA: No, I understand, and to further your -- perhaps
address your concern about other job experiences, there was a time -- I
worked in manufacturing as well, Ford Motor Company, and I also
worked for Peterbilt Motors, and I've also worked for BIC Graphic,
three very large organizations on the manu- -- I was in supervision and
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January 12,2010
management on those. And if that would at all sway your decision, I
just wanted to add that.
CHAIRMAN COYLE: Well, I'm merely saying that it didn't
sway the Productivity Committee's recommendations.
MR. DORTA: I understand, I understand.
CHAIRMAN COYLE: And so I don't want to discourage you
from wanting to serve --
MR. DORTA: No, I understand.
CHAIRMAN COYLE: -- but we have 55 advisory committees
in Collier County.
MR. DORTA: Sure.
CHAIRMAN COYLE: There are lots of places that could use
your skills. And if the Productivity Committee people have said, no,
this is not a good match for our skill requirements, I'm going to listen
to them.
MR. DORTA: I understand.
CHAIRMAN COYLE: Okay. It's no criticism of you. It's just
that I'm going to listen to the people who have to determine what their
skill requirements require.
MR. DORTA: I understand completely. But, again, I'm
interested enough to be here to talk to you today.
CHAIRMAN COYLE: I appreciate that. And by the way, there
are very few people who do that, and I commend you for coming here
to talk about that.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
Once again, Robert, we appreciate your commitment to this
county. And I think that you have mentioned the fact that you were
involved in industry for eight years as a supervisor. You played a role
in management, so you have that behind you.
Once again, I think that there's a lot of positive things about you
that would help to balance out the Productivity Committee, but we'll
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January 12,2010
know in a minute if we've got three votes or not.
MR. DORTA: Sure. Thank you very much.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN COYLE: Okay. Any other questions by County
Commissioners?
(No response.)
CHAIRMAN COYLE: Okay. Do we have a motion -- we have
a motion by Commissioner Coletta.
COMMISSIONER HALAS: Would that be -- the motion be
restated?
CHAIRMAN COYLE: Yes. Please restate the motion,
Commissioner Coletta.
COMMISSIONER COLETTA: The motion was very simple. It
was to approve all six applicants to the advisory committee for the
Productivity Committee.
MS. FILSON: And the second was Commissioner Henning.
CHAIRMAN COYLE: The second was Commissioner Henning.
Now I have a question for you. Why are the other two vacancies;
why do they exist?
MS. FILSON: One of them you told me not to advertise until
January 26th, and that was Mr. Magel's position. And I believe one of
them resigned -- I did not get enough applicants.
CHAIRMAN COYLE: I'm sorry?
MS. FILSON: I didn't receive enough applicants for the other
one.
CHAIRMAN COYLE: Okay. All right. Fine. Now, the reason
that Mr. Magel's position is vacant is because he had to resign because
he is running for --
MS. FILSON: A candidate.
CHAIRMAN COYLE: -- an office for the Marco City Council.
He is a well-qualified member of the committee, and ifhe is
unsuccessful in his election, which we will find out within 30 days,
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January 12,2010
then he can come back onto the committee, and he would like to apply
for that. So the Productivity Committee said let's just wait and see
what happens because they want to have him back on the committee.
But to just jam in another person just because the person applied
is probably not the best way to go, in my opinion, but the board has to
make that decision.
MS. FILSON: Yeah. Depending on the vote, I'll either advertise
for one or two more applicants.
CHAIRMAN COYLE: Yeah, yeah. And if the Productivity
Committee hasn't said that to you in the past, we need to very clearly
specify what the requirements are, the skill set requirements are for
that --
MS. FILSON: Yeah. They give me the language to put in the
press release.
CHAIRMAN COYLE: All right. So we have a motion. You
have something else?
COMMISSIONER FIALA: And I believe Joe Sway was going
to also submit his application, and he was late.
Is that right, Sue?
MS. FILSON: That's correct.
COMMISSIONER FIALA: Yeah, so.
MS. FILSON: And I believe I have that now.
COMMISSIONER FIALA: Oh, do you, okay.
CHAIRMAN COYLE: All right. Then there's a motion on the
floor. No further discussion?
(No response.)
CHAIRMAN COYLE: Okay. All in favor of the motion, please
signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Those opposed to the motion, please
signify by like sign.
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January 12,2010
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
Okay. The motion fails, 2-3.
COMMISSIONER FIALA: Can I just say two things, quick?
CHAIRMAN COYLE: Yes.
COMMISSIONER FIALA: Mr. Dorta, maybe because it's still
going to be open, you could resubmit, and this time you could
interview with the committee. And maybe once they meet with you
and talk with you, they might -- they might approve your application
then, but they hadn't had a chance actually to do that. So I would
suggest to you that you re-submit and try it again. That's my first
thing.
And second thing, I wanted to just ask the commissioners. This
is our Productivity Committee. Why don't we call it budget
committee? I mean, they don't do anything with productivity. They
do everything with budget and finance, or call it Budget and
Productivity Committee or something. It just doesn't -- doesn't make
any sense. So I thought, roll that around in your heads a little bit and
think about it. That's all.
COMMISSIONER HENNING: Mr. Chair, I make a motion we
approve the committee's recommendation and give Terri a break,
ten-minute break.
CHAIRMAN COYLE: Yeah.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: We're six months (sic) overdue because
commissioners talk so much.
Commissioner Henning has made a motion to approve the
committee's recommendations. Is there a second?
COMMISSIONER FIALA: Second.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Okay. A second by Commissioner
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January 12,2010
Halas.
Any discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: Okay. It passes unanimously, and we're
going to take a --
MR. OCHS: Commissioner, would you like to finish your last
appointment before you take your break? You have one more under
nme.
CHAIRMAN COYLE: If it's as controversial as the last one --
COMMISSIONER HENNING: That's part of my motion.
CHAIRMAN COYLE: -- it might take another 30 minutes.
MS. FILSON: It shouldn't be.
MR. OCHS: That's right.
CHAIRMAN COYLE: Oh, these are all specified.
MR. OCHS : Yes, sir.
CHAIRMAN COYLE: All right.
COMMISSIONER HALAS: Motion to approve.
MR. OCHS: These are appointments of members to the Collier
County Citizen Corps.
CHAIRMAN COYLE: And they are all appointed by
organizations, so we're merely ratifying their appointments.
MS. FILSON: Right.
COMMISSIONER FIALA: Second.
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January 12,2010
COMMISSIONER HALAS: And I motion to approve.
COMMISSIONER FIALA: And I second.
CHAIRMAN COYLE: And so Commissioner Halas has made a
motion to approve, Commissioner Fiala has seconded.
Discussion, Commissioner Henning?
COMMISSIONER HENNING: Yeah, just a quick question.
Reg Buxton's running for school board, who I totally support in his
candidacy. I'm a little bit concerned about our ordinance. What is it,
04-55?
MS. FILSON: Uh-huh.
COMMISSIONER HENNING: That's why we need to take a
break.
CHAIRMAN COYLE: I think that's a valid concern.
MR. KLA TZKOW: Let me look at it during the break.
CHAIRMAN COYLE: Okay.
MR. KLATZKOW: I wasn't aware of that.
CHAIRMAN COYLE: Very well. Then we'll table that motion
till after the break.
And we're going to take ten minutes. Be back here at 10:47
sharp.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN COYLE: We're back in session now. County
Manager?
Item #9E
RESOLUTION 2010-10: RE-APPOINTING JERRY SANFORD,
CAPTAIN WALTER R. JASKIEWICZ AND LT. MIKE JONES TO
THE COLLIER COUNTY CITIZENS CORPS. - ADOPTED
MR. OCHS: Yes, sir. You're on -- 9E was an appointment of
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January 12,2010
members to the Collier County Citizens Corps. Your county attorney
had a question for Commissioner Henning he was going to address.
CHAIRMAN COYLE: Okay.
MR. KLATZKOW: Yeah. The question I have, sir, is, is he
running opposed or unopposed?
CHAIRMAN COYLE: I can't answer that question myself.
COMMISSIONER HENNING: I'm sorry.
MR. KLATZKOW: Do we know ifhe's running opposed or
unopposed?
MS. FILSON: I can look it up.
COMMISSIONER HENNING: He is opposed at this time.
MR. KLATZKOW: Then we have the resign-to-run rule. He
would not be qualified at this point in time.
COMMISSIONER HALAS: Okay. I change my motion. Jerry
Stanford, Walter 1. Jaskiewicz, and Lieutenant Mike Jones. And--
CHAIRMAN COYLE: Okay. Is there a second?
COMMISSIONER FIALA: It was my second, I believe.
CHAIRMAN COYLE: Okay. Second by Commissioner Fiala.
Is there any discussion by commissioners?
(No response.)
CHAIRMAN COYLE: Okay. We're going to notify Mr. Buxton
that he has to resign, okay?
MS. FILSON: Yes, sir.
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
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January 12,2010
CHAIRMAN COYLE: Okay. It passes unanimously.
Item #1OA
RECOMMENDATION TO REVIEW AND APPROVE THE
PROJECTS PROPOSED FOR THE COLLIER COUNTY FISCAL
YEAR 2011 FEDERAL LEGISLATIVE AGENDA WHICH WILL
BE PRESENTED TO THE CONGRESSIONAL DELEGATION IN
WASHINGTON, D.C. FOR FEDERAL FUNDING
CONSIDERATION - MOTION FOR COMMISSIONER HALAS
TO CONTINUE TO REPRESENT THE COUNTY - APPROVED;
MOTION TO APPROVE PROJECTS - APPROVED
MR. OCHS: Commissioners, that takes us to Item 1OA, which is
a recommendation to review and approve the project proposed for the
Collier County fiscal year 2011 federal legislative agenda, which will
be presented to the congressional delegation of Washington, D.C., for
federal funding consideration.
Ms. Debbie Wight will present.
MS. WIGHT: Good morning, Commissioners. Congratulations,
Chairman Coyle, Vice-chairman Halas.
CHAIRMAN COYLE: Thank you.
MS. WIGHT: Okay. I have before you the proposed fiscal year
2011 federal legislative agenda, which will be presented to the
congressional delegation in Washington, D.C., for federal funding
consideration.
On Page 2 of the executive summary is the list of nine for your
consideration. I'll tell you that there are three new projects, and they
are the Beach Renourishment and Beach Drainage Pipe Solution
Study and the Immokalee Airport runway expansion, and they were
put on to -- in slots that were to fill for the two projects that were taken
off for the -- because they were fully funded, which is the Gordon
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January 12,2010
Pass dredging and the water interconnects; and also we took off the
LASIP project, as it really hasn't had any appropriation opportunities
in D.C. in the five years that we've been up there.
Also for your attention, there are three projects on this list that
were authorized in the Water Resources Development Act of 2007.
They are Naples Bay restoration, the beach renourishment, and
Vanderbilt Lagoon, and we are -- they're continuing the beach
renourishment. This is the first year we're going for the appropriation.
The first year is an authorization. We're going for the appropriation.
And I had given you an Appendix A with descriptions of these
projects. So I guess at this point I'll just ask you if you have questions
rather than to be redundant with details.
CHAIRMAN COYLE: Questions? Commissioner Fiala?
COMMISSIONER FIALA: Yes. One question for you, and that
-- and then I have one question for the commissioners.
Is -- has the Marco Island Airport taxiway that we've been
working on for, I don't know, 20 years been funded already? I know
we've been trying to get that thing completed. Do you know if we
have the funds for that, or should that be included?
MR. OCHS: Commissioner, I believe that funding is already in
place and committed. I will verify that for you and the rest of the
commissioners under communications this afternoon.
COMMISSIONER FIALA: Thanks. Yeah, I would hate to see
after all of this time it not be funded then.
Okay. My second thing I just want to talk to the commissioners a
little bit. Frank Halas has been representing us up in Tallahassee and
in Washington all of these years, and I would just like to recommend
that he continue to do so. Sorry I had to do this behind your back.
But anyway, I would like him to continue to do so. I think he's done a
great job.
He's -- he's established himself as a representative for Collier
County, and I would like him to stay that way. So I just wanted to
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January 12,2010
throw that on the table at this time.
CHAIRMAN COYLE: Okay? Are you asking for a motion, or
are you making a motion?
COMMISSIONER FIALA: Yes, I'll make that motion.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: Thank you.
CHAIRMAN COYLE: Then I'll second it.
COMMISSIONER FIALA: Okay.
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: Congratulations.
COMMISSIONER HALAS: Wow, thank you. I feel very
honored, and we will continue to do our very best.
And one question -- well, I'll wait til' I'm called upon.
CHAIRMAN COYLE: You're recognized right now. Go ahead.
COMMISSIONER HALAS: Okay. One of the issues or one of
the transportation reauthorizations is the Camp Keais Road. How
does that fall into this transportation? Can you give me some
additional information on Camp Keais?
MS. WIGHT: I think I'm going to have to call Norm Feder up.
And just to refresh your memory, the transportation
reauthorization projects were approved by you back in April, and the
reauthorization bill comes up every six years. And I did confirm that
as Commissioner Coyle and I discussed this yesterday. It doesn't
interfere or conflict with your appropriations projects, which, even
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January 12,2010
though the projects are on both agendas. They go every year.
But Norman will give you further information on the Camp
Keais.
MR. FEDER: For the record, Norman Feder, transportation
administrator.
Commissioner, as was already noted, you've got transportation
reauthorization, which is the five-year federal bill. Our
representatives are working hard on our behalf to try to get some
projects identified in there and some funding, as they've done in each
annual, and that's what your other priorities are on and have brought
us money and been very, very successful with very strong help from
our delegation.
So if I -- in answer to your question, it's the separate
reauthorization, the five-year transportation bill, that is that other list.
COMMISSIONER HALAS: Thank you.
CHAIRMAN COYLE: Anything more?
(No response.)
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
And the Camp Keais Road issue, I can't tell you how much I
appreciate Congressman Mario- Diaz stepping forward and asking us
to give that consideration. It's very, very important to Immokalee that
somehow, someway, we can get a four-way highway connecting it
with the coastal community. And I appreciate it very much for that
consideration.
And by the way, too, I think sending Frank is a wonderful idea.
Who will be going with Frank?
CHAIRMAN COYLE: He said just sending him. He didn't say
anything about you coming back.
COMMISSIONER HALAS: Exactly.
COMMISSIONER COLETTA: Yeah, that's right. We just
voted one way, right?
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January 12,2010
CHAIRMAN COYLE: That's right.
COMMISSIONER HALAS: I've got a one-way ticket, right?
MR. OCHS: Commissioner, typically, you know, the county
manager and the manager of our legislative program accompanies the
commissioner to D.C.
COMMISSIONER COLETTA: I think that's -- that would be an
excellent idea.
MR. OCHS: Thank you.
COMMISSIONER FIALA: For the -- may I say one more thing?
For the record, could you tell the audience -- we've read it all. Could
you tell the audience how much money is brought back to this county
by our representatives going up to Washington, D.C.?
MR. OCHS: I'm going to ask Debbie to do that while I put this
on the visualizer, Commissioner.
MS. WIGHT: We have -- we did a little cost-benefit analysis.
And so far in five years of going, we have an approximate total of
$114 million, and that's from 2006 -- fiscal year 2006, which the first
trip was March, 2005 without a lobbyist, that then County Manager
Jim Mudd, Commissioner Halas, and myself traveled up, and that was
the Interstate 75 improvements and widening in Collier and Lee
Counties, which we didn't do it completely by ourselves, but we did
make a contribution to that advocacy effort, along with SWFTI.
And from that time on we've gone up every year with the help of
our federal lobbyist, which has refined our federal legislative program,
the Ferguson Group, and we've been succ- -- we've had a good return
on our investment. And I'd say our total is about $114 million.
And with -- the costs have been -- let me see that sheet. I think,
Page 2, yep. An annual cost of about $108,750 over five years would
be $500,000. So that's a good return on our investment in our opinion.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: I just -- I want to say I think one of
the reasons that they're very receptive to us, us being our
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January 12,2010
congressional staff up in Washington and also the people that we deal
with in the Senate, is the fact that we don't go up there with a whole
shopping list of about 30 or 40 items, that we vet all of the issues here
in front of the Board of County Commissioners and then set a priority,
and then when we go up there, we end up with maybe nine or ten
items, and they then realize that we're very serious about this.
We also basically bring to the table that this is a cost share, that
we're not looking for a free handout, that we're willing to step up to
the plate and pay our fair share, and that's why we've been very
successful in regards to bringing taxpayers' money that taxpayers here
in Collier County send up to Washington, we get some of those dollars
back here to invest so that the constituency here in Collier County has
the quality of life that we have.
COMMISSIONER COLETTA: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. We have a motion to approve by
Commissioner Coletta, a second by Commissioner Fiala.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously. I just have a--
something to tag onto this that I mentioned to the county manager
yesterday.
It would be helpful for me, at least, to understand the public
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January 12,2010
benefit for the application of the dollars that we already have as well
as the dollars that we anticipate.
We just received -- as an example. We just received an $800,000
appropriation for the emergency services center.
MR. OCHS : Yes, sir.
CHAIRMAN COYLE: Okay. Now, the emergency services
center has already been built. Now, my questions center around this
issue. Is this something to add to the emergency services center? Is it
money to reimburse us for costs which we have already spent and will
thereby directly save the county money?
We also have an appropriation for technology for the emergency
services center of $1.5 million. So that's $2.3 million, and I'm not
picking just on that project, because the same concept follows through
with all of these. If you've got $2.3 million of money potentially
coming in, does that reduce our budget requirements, or are we merely
getting federal dollars just to be spending federal dollars? Okay.
And you can give me a report on that at a later date. There's no
point in spending a lot of time dealing with it right now.
MR. OCHS: Yes, sir.
CHAIRMAN COYLE: But it's important because the public sees
us keep spending money on a project. Their logical question is, is this
project ever going to be completed? If so, what is the project? How
does it benefit us? And I would -- I have those same questions, okay?
MR. OCHS : Yes, sir.
CHAIRMAN COYLE: I would just like to understand that.
MR. OCHS: I understand your intent, and I'll have a full report
for you and the other commissioners on that item.
CHAIRMAN COYLE: Okay, good. Thank you.
MS. WIGHT: Understood.
CHAIRMAN COYLE: Okay. Thank you.
MS. WIGHT: Thank you.
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January 12,2010
Item #1OB
REPORT TO THE BOARD IDENTIFYING KEY FINANCIAL
ELEMENTS IMPACTING THE FY 2011 BUDGET POLICY
INCLUDING TAXABLE VALUES, MILLAGE RATES, AGENCY
DEBT STRUCTURE AND OTHER POTENTIAL ECONOMIC OR
LEGISLATIVE INFLUENCES - MOTION TO ACCEPT REPORT
- APPROVED
MR. OCHS: Commissioners, that takes us to Item lOB, which is
a report to the board identifying key financial elements impacting the
fiscal year 2011 budget policy, including taxable values, millage rates,
agency debt structure, and other potential economic or legislative
influences.
The board had asked us -- the board had asked us to come back
with a report, and Mr. Isackson is going to make that report, sir.
CHAIRMAN COYLE: Okay. Commissioner Henning would
like to say something or ask a question.
COMMISSIONER HENNING: Well, Mr. Chairman, I just want
to point out, there's a number of people here for 10E that was formerly
16D1O. It's the animal control ordinance. It would be nice if we could
get to that before noon.
CHAIRMAN COYLE: Okay. Why don't we do that right after
this one. This one shouldn't be that complex. You're not planning a
30-minute presentation, are you, Mark?
MR. ISACKSON: I am not, Commissioners.
CHAIRMAN COYLE: Okay, good. Are you finished now?
MR. ISACKSON: If you'd like me to be.
CHAIRMAN COYLE: Go ahead. And then I'll have a few, few
remarks after your presentation.
MR. ISACKSON: Thank you, Commissioners, County Manager
Ochs. Mark Isackson with the County Manager's Office, for the
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January 12,2010
record.
We've outlined for you, as a follow-up to the December 15th
discussion and session we had on your capital budgeting component.
Now there's a preview of those items which are going to be of
substantial weight as we prepare the budget policy for 2011.
Productivity Committee will receive the draft version of the
policy for their review and recommendation on January 20th. This
board will, in turn, consider it -- its contents at the last meeting in
February.
This gives you somewhat of a preview of those items which will
be critical this year beginning with taxable adjustment. Obviously in
the ad valorem world, everything revolves around taxable value.
The state this year has suggested to us that the county's taxable
value will decline 10 percent. Whether that happens or not happens,
we won't know that until June of201O. But for budget planning
purposes, we are going to assume a 10 percent decrease in taxable
value. The tables on Page I provides you with that information. It's
pretty self-explanatory.
If you turn to Page 2 of the executive summary, we talk about
significant budget influences. And I think just for highlight purposes,
they're right there for you.
But I want to point out a couple of things. Within the general
fund itself, the operating component of the general fund is 20 percent
of the general fund's total, transfers comprise 23.8, and constitutionals
are 52.9 percent of our general fund budget.
Of course, that begs the question each year when we talk about
millage neutral, tax neutral, or somewhere in between, how much will
the constitutionals actually play in that equation.
So at this point we're offering that to you as something to ponder
as we -- as we approach our 2011 budget policy.
Right now we're -- for planning purposes and in preparation,
we're looking at probably a 5 percent operating reduction across the
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January 12,2010
board with the individual divisions being able to have some flexibility
in how they approach that.
We're going to have to take a look, quite frankly, at our new
money capital component if we are to, as the county manager has
requested, present to you a millage-neutral budget this year with some
caveats as to what the implications of that millage-neutral budget will
be, and you will know what those implications are; and you will also
know the dollar values they're required to add back, services that you
might desire during the course of those deliberations.
The sheriff comprises 84 percent of the constitutional transfer in
the general fund, just to give you another component of that. And
once again, Sheriff Rambosk will be an integral component as we
approach the budget process again for 2011.
Finally, under significant is the revenue centric, the budgets that
we have, and that is essentially extending a concept that had already
been applied in our enterprise operations, and looking at revenue
centric budgets within our ad valorem operations, especially for those
departments that actually generate revenue, parks and recs., for
example, and making sure that their revenue projections are consistent
and holding steady, and if they're not, there's no decrement to the ad
valorem side, but there are consequences on the operating side also for
those aspects.
One of the -- one of the significant aspects that we haven't talked
a lot about is our agency debt structure, and I want to take a few
moments if I could to throw up an illustration for the board's
information. And we hit upon this a little bit last time, and that's this
one-third of a mill concept. We transfer the equivalent -- and that's an
important term -- the equivalent of one-third of a mill for -- previously
we had used it for countywide capital operations. It has now turned
into essentially a debt service payment at this point in time.
And you can see -- you can see from the illustration on the
graphic that beginning in 2006 -- excuse me. Beginning in 2006, we
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January 12,2010
had a non-impact fee component which is essentially the 2002, 2003,
and 2005 sales tax bonds, and then we go to 2007. But the gist of it is
that our -- we will continue always to have the nonimpact fee debt, but
the increasingly interesting component is the amount of money that
we're spending to offset our impact fee loans due to the fact that we
have a decrement in the amount of impact fee revenue that's being
received.
Further illustrating this situation is the -- let's go with this one
first -- is the matrix that we have which talks about the third of a mill
equivalent component. This is this particular fiscal year in 20 I O. So
$23.2 million is being transferred out of the general fund for purposes
of -- and you can see the column on your left is your distribution
column.
COMMISSIONER HALAS: Could you blow that up just a little
bit for us.
MR. ISACKSON: Thank you.
MR.OCHS: Is that better, sir?
COMMISSIONER HALAS: Little bit more, if you can. Yeah,
there you go.
MR. ISACKSON: The column on the left is your third of a mill
distribution column. The first three boxes there are your sales tax
bonds. Those are -- the sales tax is the pledge for the repayment.
Now, there are a number of different components, programs,
projects, that have been funded through these sales tax bonds. These
are just the components that are non-growth related. If you refer back
to the other -- the other chart that we had up, this is the -- this is the
box in blue that you're referring to relative to the general funds
contribution toward paying off certain components of those sales tax
bonds.
They are non-impact fee related, and primarily for what I call the
R's, repair, replacement, renovate, things of that nature. Where it gets
interesting is that box where you see countywide capital in the middle
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January 12,2010
of the third of a mill contribution is $15 million in the Fund 301, and
that gets dispersed into that second tier or middle tier of boxes, which
is your impact fee loans. In other words, money coming from the
general fund that has been loaned to the impact fee funds.
And it's interesting to note there that, to the extent that we can
control that by either taking projects that are close to closeout and re-
deferring some of those impact fee dollars to pay debt, we're taking a
look at projects that are on the books not yet completed but having
started and possibly deferring or postponing those down the road; we
can mitigate the amount of players that are going to be at this trough,
this loan trough at some point in time, so that we can possibly reduce
the burden in the general fund. And that's a strategy that we'll be
looking forward to as we prepare the budget.
The final box there, Commissioners, is simply the debt that exists
within each one of those impact fee funds. So that -- it kind of gives
you a little landscape as to that third of a mill and how we -- how it
progresses through the -- the cycle.
Just to kind of wrap up, and then I'll certainly leave the majority
of time for your questions. You have writing in your packet that's
from our financial adviser, PFM. And our finance committee had
looked at this information. We had asked for them to prepare a
recommendation regarding our current debt structure and some of the
issues that we've currently faced with our debt structure.
We essentially have bonds and we have commercial paper.
That's the essential component of our $765 million debt structure right
now.
Bonds are obviously stable in terms of repayment source.
Commercial paper obviously is interest intensive. And to the extent
we pay down principal in our commercial paper program, which we
have done every year and continue to do in FY10, that helps us as we
go forward in -- especially knowing that in 2013 we've got a pretty
substantial bullet to try and payoff in the commercial paper arena.
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January 12,2010
The county manager, as I mentioned earlier, is predisposed to
recommend preparation of a millage-neutral budget. Staff will get
together and we'll endeavor to pull together the best plan that we can
under that scenario with the idea that we will tell you what the
degradation is going to be at millage neutral, as well as the dollars that
are associated with those specific services, and that will be before you,
and you'll have an opportunity to take a look at that information and
obviously quiz us regarding those impacts and what you might or
might not want to restore as part of any program.
So with that, I'll turn it over to the commissioners if you have
questions, please.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Motion to accept the report.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Okay. Motion to accept the report by
Commissioner Henning, and a second by Commissioner Coletta.
Any discussion?
(No response.)
CHAIRMAN COYLE: Two things I'd like to mention, actually
emphasize, because they're important. One is the concept of budget
preparation for the next fiscal year, where rather than preparing a
number of different budgets assuming different scenarios, the staff is
suggesting that they prepare one budget based on the millage neutral
assumption, and then have additions or subtractions from that
depending upon what scenario plays out as far as the board is
concerned.
And that has an advantage of permitting us to focus on the
changes up or down from the millage-neutral based upon what
ultimately transpires with respect to revenue and other decisions that
we might make, and it also, as I understand it, reduces the burden on
the staff to prepare multiple budgets for our review; is that pretty
much correct?
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January 12,2010
MR. ISACKSON: That's important, Commissioner, in reducing
the -- working smart.
CHAIRMAN COYLE: Yeah, we understand that. The other
thing is, the staff, I think, will be providing us a clear definition of
sources and uses of funds, because one of the biggest challenges we
have is to make sure we pay our debt on the loans that we have.
And so I've asked that we get a sources-and-uses-of-funds report
which really tells us, how do we -- how do we pay our debt? What is
the source of the money for paying the debt, and then we can drill into
that and try to determine if we can improve that process and find more
money to pay down the debt to avoid some of the problems that we're
likely to have in the future as our revenues fall.
And Mark has shown you some of that, but the county manager
and I have talked about refining that chart. The chart, I think, is
excellent, and we just need to refine it a little bit, and then that will be
helpful to us for the budget work.
And with that, Commissioner Halas?
COMMISSIONER HALAS: County Manager, or maybe Mark,
can you give us a quick snapshot of what the projected revenue
shortfall may be?
MR. OCHS: Well, Commissioner, I can tell you at a -- staffs
estimate at a 10 percent reduction in your taxable value would reduce
your ad valorem revenues in fiscal year 'II by about 26.5 or $6
million. So that would be the magnitude of the revenue reduction that
we would have to deal with, not only during --
COMMISSIONER HALAS: You mean revenue neutral?
MR. OCHS: No.
COMMISSIONER HALAS: Or I mean tax neutral.
COMMISSIONER FIALA: Millage neutral.
COMMISSIONER HALAS: Millage neutral.
MR. OCHS: Millage neutral, sir, yes, sir. And that would, again,
apply not only to your agency but on a pro rata basis to your
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constitutional officers that receive general fund transfers.
COMMISSIONER HALAS: One of the concerns that I have is
that the burden does not fall totally on the county manager's aspect,
that I'm hoping that the rest of the constitutionals realize the
implications that we have on this upcoming budget and that we need
to have everybody play together in the sandbox and share toys.
MR. OCHS: Commissioner, I appreciate that statement, and I
can tell the board that I've already had a personal meeting with Sheriff
Rambosk, and I know he's very committed, as he was last year, to
working with this commission to try to get you where you want to be
on your budget.
COMMISSIONER HALAS: Okay.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. The school board, people don't
realize how much of their tax bill goes toward the school board, and
that seems not to ever be a focus of the newspapers, by the way. Are
they also participating in this?
CHAIRMAN COYLE: No.
COMMISSIONER FIALA: I don't know. I mean, are they
going to also pull down their rates, or -- you know, are we going to get
blamed even though we cut our taxes down and they do -- and if they
don't, we're going to still get the blame as we've always done in the
past? And yet people -- by the way, people complain all the time
about taxes, and yet their taxes have all been dropping like a rock, and
yet still they're complaining about it, and they complain to us rather
than ever the school board.
COMMISSIONER HALAS: Got to live up in the northeast.
CHAIRMAN COYLE: Yeah. Commissioner Fiala, this is our
favorite slide here. A little pie chart. It shows what generally happens
with an unincorporated area. Residential tax bill, 56-and-a-half
percent goes to the school board, and roughly about 22 percent, if I
remember correctly, goes to the county commission, and the rest of it
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is used up by a total of 20 different independent taxing districts in
Collier County, over which we have no control.
So you're absolutely right. It is a difficult and confusing process.
And even the criticism we're getting from people about cameras at
stoplights, they just want us to add, you know, more deputies and have
deputies standing at each stoplight throughout the county. Well, first
of all, we don't have that authority, and secondly, it's a ridiculous
suggestion in the first place because it would be prohibitively
expensive. But nevertheless.
Commissioner Coletta?
COMMISSIONER COLETTA: Yeah, just briefly. I agree with
you, this chart here tells a lot. I mean, it's over and over again. Every
single year that we've been here, we have people come before us or
they greet us in public, and they start bringing it up about the taxes
they're paying, and they just assume that we are the taxing authority
for all the entities and that we're the ones that set the tax, and it's not
true.
If possible -- I hope my fellow commissioners agree -- I'd like to
see this particular slide blown up into a large poster-board that we can
have posted on the wall in the -- in this room or out into the hallway.
CHAIRMAN COYLE: How about right there?
COMMISSIONER HALAS: The new entranceway.
COMMISSIONER COLETTA: I think it would be very
appropriate to have it posted someplace where the public could see it
when they're coming in and just a little glance at it and have a little bit
of understanding that while we accept all sorts of responsibilities, our
part of the pie that we're responsible for is minimal and that the effects
they're seeing as far as their tax increases go, it's outside of our
preview (sic). Would you agree?
COMMISSIONER FIALA: Oh, absolutely.
COMMISSIONER HALAS: Yes, definitely.
COMMISSIONER FIALA: Absolutely.
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CHAIRMAN COYLE: Yeah, Commissioner Henning?
COMMISSIONER HENNING: I got a better idea. Let's have it
pasted on the County Commissioner's vehicle so it could be driven
around and seen by all.
CHAIRMAN COYLE: Magnetic signs wouldn't be bad.
COMMISSIONER COLETTA: Well, the only problem with it
is, some people might look at it as a bull's eye.
CHAIRMAN COYLE: Yeah. That's all right, as long as we're
not driving it.
COMMISSIONER HENNING: Yeah, I don't drive it.
CHAIRMAN COYLE: Okay. Are we through with them?
MR. OCHS: Yes, sir.
CHAIRMAN COYLE: Then we haven't gotten a vote on the
motion yet, I don't believe.
MR. OCHS: Motion and second.
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: The report is accepted, and thank you
very much.
COMMISSIONER COLETTA: Commissioner Coyle?
CHAIRMAN COYLE: Yes.
COMMISSIONER COLETTA: Just one issue I want to bring
up. We have two different groups here that we possibly might be able
to hear before lunch. One has to do with the domestic animal
ordinance.
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January 12,2010
CHAIRMAN COYLE: Yep.
COMMISSIONER COLETTA: And the other one has to do
with the issue of habitat conservation.
CHAIRMAN COYLE: Yep. And Commissioner Henning had
asked that 16D1O, which is now 1OE, be considered next, and I'm
ready to call it.
COMMISSIONER FIALA: Oh, Commissioner Coyle?
CHAIRMAN COYLE: Yes, ma'am.
COMMISSIONER FIALA: Before Mark leaves. Mark, could
you give me a copy of all of those things? I'm going to give a speech
tomorrow and I'd like to take all of that paperwork with me so that--
in fact, maybe even a couple copies. Thank you.
MR.OCHS: We'll get it to all of the commissioners, ma'am.
COMMISSIONER FIALA: Thank you.
COMMISSIONER COLETTA: Thank you.
Item #1OE
RECOMMENDATION TO DIRECT THE COUNTY MANAGER
OR DESIGNEE TO AMEND THE ANIMAL CONTROL
ORDINANCE, AS REFLECTED IN THE A TT ACHED
PROPOSED AMENDED ORDINANCE, IN ORDER TO REVISE
THE DANGEROUS DOG DECLARATION APPEALS
PROCESSES, ESTABLISH REGULATIONS RELATING TO
FERAL CATS, AND ADD PROVISIONS REGARDING THE
CONFINEMENT OF DOGS, AND TO ADVERTISE AND BRING
BACK AN AMENDED ORDINANCE - MOTION TO APPROVE
ALL REVISIONS EXCEPT THE PROVISION REGARDING THE
CONFINEMENT OF DOGS WHICH IS TO GO BACK TO STAFF
TO DEFINE REASONABLE CONFINEMENT AND ALLOWING
AN EDUCATIONAL PERIOD - APPROVED
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MR.OCHS: Commissioner, then that takes us to Item 10E,
which was moved from your consent agenda, previously Item 16D1O.
It's a recommendation to direct the county manager or designee to
amend the animal control ordinance as reflected in the proposed
amended ordinance in order to revise the dangerous dog declaration
appeals processes, establish regulations relating to feral cats, and add
provisions regarding the confinement of dogs, and to advertise and
bring back an amended ordinance at a future date.
Ms. Amanda Townsend will present.
CHAIRMAN COYLE: Okay. As briefly as possible, Amanda.
MS. TOWNSEND: Yes, of course.
Good morning, Commissioners. Amanda Townsend, your
director of animal services. What you have before you today is a
preliminary reading of the strikethrough and underline of the proposed
changes to the animal control ordinance. We discussed these items on
November 10th, at which time you approved some conceptual
changes, and you now see the language associated with those. Those
changes are in the three areas described in the title of the item.
One of the reasons that we're going to discuss this item today is
that you do have multiple recommendations, particularly with respect
to the aspect of the changes to the ordinance that have to do with
limiting chaining or tethering of dogs.
You have described in your executive summary a
recommendation from your advisory board that is asking for language
being placed in the ordinance that would provide for what we might
call an unconditional restriction on chaining or tethering of dogs, and
that is that it would not be permissible in Collier County to put a dog
on a tether or a chain, et cetera, to any inanimate object ever for any
amount of time, whether the person is -- owner is attending or not.
What the advisory board recommendation is is an unconditional ban
on tethering.
You also have a staff recommendation that is a little more
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flexible. You have a ban on tethering that is continuous to a fixed
point; however, you have permission there where an animal owner
could tether an animal provided that they meet a host of conditions.
The language that staff has proposed in the ordinance is that tethering
be permitted if it's occasional and reasonable, and then you have a
quite lengthy list of conditions that would have to be met to secure the
safety of both the community and the animal.
CHAIRMAN COYLE: Okay. So the only -- only disagreement
you have with the proposal that was contained in the consent agenda is
with the duration of the prohibition for chaining; is that essential- -- or
tethering?
MS. TOWNSEND: It's not so much, sir, about duration. It is to
say that you have a staff recommendation saying that under certain
conditions, tethering would be allowed, and you have an advisory
board recommendation that says tethering will never be allowed.
CHAIRMAN COYLE: Okay. And that's the only --
MS. TOWNSEND: It's--
CHAIRMAN COYLE: That's the only difference --
MS. TOWNSEND: Yes, sir.
CHAIRMAN COYLE: -- disagreement in all of this.
MS. TOWNSEND: Uh-huh.
CHAIRMAN COYLE: Okay. We have some--
MS. FILSON: Eight.
CHAIRMAN COYLE: We have eight speakers, okay. Can we
deal only with that one issue? Okay. And then we hope we can get
through this. That's going to take us 24 minutes if you want to do that.
Let me ask you a question. Is there anybody in the audience who
supports chaining or tethering dogs? Okay. So all of you are opposed
to the chaining and tethering process.
Can we accept that testimony, or would you just want to come up
and each tell us the same thing? You're welcome to come up and talk
to us. If that's the only issue, we might be able to resolve it pretty
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quickly.
MS. BARRETT: May I speak briefly?
CHAIRMAN COYLE: Yes, please. Please come up here
though, please.
MS. BARRETT: Hi, good morning. My name is Bibi Barrett. I
think the majority of us that are here are here to speak to support the
direct -- the advisory board's recommendation as opposed to the staffs
recommendation. That is our only disagreement at this time with the
way it's been presented.
CHAIRMAN COYLE: Okay. And let me ask you a couple of
questions about that. Maybe we can --
MS. BARRETT: Okay, I hope I can answer them.
CHAIRMAN COYLE: -- get through it. The -- there are times
-- and I'm a dog owner myself.
MS. BARRETT: Correct.
CHAIRMAN COYLE: I've seen people with dogs at outdoor
restaurants, and they will tie the leash to a post or a lamp post or even
a table while they're eating. Now, under the law as we're writing it
now, that would be illegal. So--
MS. BARRETT: That seems reasonable from what you're
saymg.
CHAIRMAN COYLE: Okay. So what we're trying to do is find
something that will accommodate that kind of humane treatment of a
dog that makes sense and prohibit people from chaining or tethering
dogs in their back yards on a permanent basis.
MS. BARRETT: Correct.
CHAIRMAN COYLE: So are you willing to work with us to
find a way to permit people who are -- have a dog, they want to put
something in their car, they want to load something in their car, they
tie the leash to something for a few minutes and load up their car? We
don't want them to be subject to a violation of a law.
If we have someone who has restrained a dog running loose in a
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neighborhood and they have no way to control them other than to
tether them to something until an animal control officer can get there,
we don't want them to be in violation of the law. So that's what we're
-- the staff is trying to do right now.
So let us let some commissioners talk. They've asked to make
some statements. But would you consider that a little bit, and then
once we've made our -- made our discussions, would you tell me what
you --
MS. BARRETT: I think the main concern is just the language
that is in the second proposal is so open to interpretation. I understand
the exclusions and these particular exceptions; however, I think the
way we're trying to have the ordinance read is to protect the
community and protect the animals. And reasonable -- define
reasonable. Your definition of reasonable is a couple minutes.
CHAIRMAN COYLE: Yeah.
MS. BARRETT: Someone else might think, eight hours, that's
reasonable. That's the concern is that it's going to be such a flexible,
unenforceable wording.
CHAIRMAN COYLE: Suppose we put an hour limit on it?
THE AUDIENCE: Who's going to monitor it?
MS. BARRETT: Yeah, that's the thing. If an officer comes to
the site from a call from a fellow resident, who's to deem how long
that dog has been sitting there? It's impossible for the officers to sit
out there and monitor each person at each situation because they're so
bombarded already with so many other things to deal with. I think it
would actually do a disservice to the officers to have them have to
choose what's reasonable, what's -- you know, it's too open to
interpretation. It seems --
CHAIRMAN COYLE: So it's, you can't ever tie a dog to
anything under any circumstances?
MS. BARRETT: That's the way the advisory board had
originally recommended, and that's what we are here to --
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CHAIRMAN COYLE: Those are not the USDA guidelines that
you yourselves have referenced in arriving at your conclusions. So--
but nevertheless, I understand that you only want it one way, never.
Okay.
MS. BARRETT: It just feels like it leaves it easier to deal with
than to muddy the waters with definitions that are so flexible with
deciding what's considered a reasonable amount of time.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Yeah, thank you. I see you
have a lot of new language in here about feral cats. Do you do pigs?
MS. TOWNSEND: We don't do pigs.
COMMISSIONER HENNING: I'm trying to solve one problem
-- two problems. The -- one item is that tethering does not occur
during periods of extreme weather. What's extreme weather?
MS. TOWNSEND: Extreme weather would be thunder,
lightning, extreme heat, extreme cold.
COMMISSIONER HENNING: What's extreme heat?
MS. TOWNSEND: Are you--
COMMISSIONER HENNING: What's extreme cold?
MS. TOWNSEND: It's a matter of interpretation, and it --
COMMISSIONER HENNING: I don't want to create laws that
interprets that governs the citizens of Collier County.
MS. TOWNSEND: We could, of course, place a temperature
degree range in the ordinance, and that would be something that could
be -- that would be very possible to do.
COMMISSIONER HENNING: How would you prosecute
somebody with interpretative language? The judge can't fine
somebody on interpretative language.
MS. TOWNSEND: For example, within the animal control
ordinance, there is a prohibition against barking, a barking dog that
would be -- or any animal noise that becomes a nuisance. That is a
provision within the ordinance that is similarly open to interpretation.
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What we've discovered is that, generally speaking, of course,
either an officer has to witness a violation or we receive two affidavits
of complaints within the vicinity matching that says there's a violation.
And there's a considerable amount of discretion that goes on there, and
then, of course, the officer can issue a violation or a warning first.
Generally we attempt to educate. If the person won't voluntarily come
into compliance, then we'll issue a citation, and the recipient of the
citation has --
COMMISSIONER HENNING: How would our residents know
whether they're in violation if there's nothing written that they can see
whether they're violating a local ordinance or not, like degrees of
temperature, whether it's too hot or too cold to tether a dog? How
would they know that?
MS. TOWNSEND: Well, once again, we hope that common
sense would prevail, and we're always going to -- when we receive a
complaint, we're going to send an officer out, we're going to take a
look at the situation, and mostly what we're looking to make sure is
that the animal is not suffering. That, of course, is always our primary
concern in a situation where we're talking about the temperature and
whether it's appropriate for the animal or not.
COMMISSIONER HENNING: Is there any way to have some
reasonableness for doing -- having a dog on a chain? I mean, that's
common sense, isn't it? When to and when not to chain a dog? I
mean, if you're -- just have a hound dog that is out back, just around
for -- waiting for hunting season and take that chain off, is that
reasonable? I would say not to most.
But we need to have something more humane to the animals and
more precise laws for our residents to follow. Nothing interpretative.
I can't approve anything that is interpretative.
MS. TOWNSEND: I might also suggest that -- taking, for
example, your example of extreme weather. That's going to be -- what
is extreme weather is going to vary depending on which animal it is.
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January 12,2010
COMMISSIONER HENNING: Or which animal control officer
it is?
MS. TOWNSEND: That may be the case, and we work all the
time to train our officers, and we work very hard towards consistency
in our enforcement policies.
But my example would be, a very small chihuahua with short
hair is going to be suffering in a -- on a cold day in a way that a St.
Bernard may not. So there's -- there are so many variables that we
might not be able to nail things down with numbers and specifics.
COMMISSIONER HENNING: And, you know, I would rather
do -- have no tethering than adopt something that is very interpretative
because, quite frankly, that's what I was hired to do is to make laws to
enforce over the community.
MS. TOWNSEND: And certainly if that's what the board
wishes, then we will be -- happily enforce such an ordinance, because
in the end the ultimate goal of what we're proposing is to make sure
that the community is safe.
We know that chained dogs become aggressive and we know that
that can be a risk to people, particularly children, in the community,
and that's what we want to see stop.
COMMISSIONER HENNING: I'm done.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: Amanda, there's some times when
-- this is kind of a -- falls in the property rights. If a person has a dog
that he feels is aggressive and he has only a four-foot fence around his
property, wouldn't it be better to make sure that that dog is chained so
it can't jump the fence and attack a small child?
How are you going to control this if this is -- if a person has an
aggressive dog and says, I'm not going to put this dog down. This is
my dog. I don't have any problem with my children, but it has
aggressive tendencies towards maybe other children that walk by and
-- if this dog isn't chained and jumps the fence.
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MS. TOWNSEND: Understood. The stance of our department
is always to first educate. We're always going to try to help the person
become the responsible pet owner. And the first thing we're going to
do is to get them to bring their animal into their home -- many people
are unable or unwilling to bring their animal into their home -- and
then we're going to help them find solutions to properly contain their
animal on their property and to keep the community safe.
In this instance, particularly the state law and the ordinance have
a provision for what's called a proper enclosure. That is a requirement
if you have a declared dangerous dog, and we have linked it now in
with confinement of dogs so that if you choose to pen your dog, put it
in an enclosure, it must meet the definition of proper enclosure, which
includes making sure that it can't get out, as well as now we've
expanded that so that there are some space requirements to ensure the
animal's comfort.
COMMISSIONER HALAS: So under your stipulation of a
proper enclosure, this enclosure is going to vary in size depending
upon the animal?
MS. TOWNSEND: Yes, sir.
COMMISSIONER HALAS: And does this enclosure include a
roof on this enclosure so that the animal can't get out?
MS. TOWNSEND: Yes, sir. The language from the statute says
secure sides and secure top to prevent the dog from escaping over,
under, through, et cetera.
COMMISSIONER HALAS: Suppose the individual that owns
the animal, the dog in this case, decides that he's not going to -- ifhe's
got a large dog, such as a Doberman, okay, which can be an
aggressive dog, and says, I've got a fence, it's 5 foot high, but we
know a Doberman can probably reach that fence, and then you go out
and tell the person that he's got to build a cage of certain dimensions
because of the size of this dog and he refuses, what course of action do
you have?
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MS. TOWNSEND: If the fence will contain the animal, then the
man is in compliance. If the man chooses to pen, then he needs to be
in compliance with the definition of proper enclosure. If the animal
escapes the man's property, then he can be cited for failure to confine
his animal.
COMMISSIONER HALAS: But by this time the dog may have
done damage to one of our citizens. I'm looking at the small child
aspect.
MS. TOWNSEND: And I understand. And it's -- part of the
nature of our business that often we respond to -- after unfortunate
accidents have happened.
COMMISSIONER HALAS: I got a problem with this. So
they're -- the other thing is, somebody may be visiting and has an
aggressive dog, and the area that he's visiting or the person that he's
visiting does not have a fence, so he says, well, I've got to keep the
dog outside, but I have to chain him to a fence while I'm visiting here.
So somebody in regards to chaining that dog so it doesn't run
away or doesn't attack someone and he's visiting a property that
doesn't have the fence, as we stated, then that person could be in
violation then, right, under the ordinance that you presently -- or that
the -- some of these people have come today to talk about?
MS. TOWNSEND: Under the circumstances that you describe,
if the language in the ordinance were occasional and reasonable, we
may be able to go there. We haven't talked about how long that
person's going to be there. If that dog's going to be chained to that
fence for a week, we're not going to -- that's not going to work for us.
That's going -- because that's going right down the road that we're
trying to stay away from, and that is the continual restraint of the
animal in such a way that it doesn't have proper social interaction and
becomes aggressive.
MR. OCHS: Commissioner, I don't think we answered your
question. The question was, under the language proposed by the
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advisory board, would that scenario constitute a violation?
MS. TOWNSEND: Yes, that is correct.
COMMISSIONER HALAS: I got a problem with that.
CHAIRMAN COYLE: Okay. Commissioner Fiala? I'm sorry.
Commissioner Coletta was next.
COMMISSIONER COLETTA: Yeah. I understand that under
the circumstances, people have to -- they have to build a caged-in
area, they have to do something. With the economy being the way it
is today and many people abandoning their animals because of the fact
if you want to turn an animal in to animal services, you have to pay a
fee, I think, of $20?
MS. TOWNSEND: Ten dollars, yeah.
COMMISSIONER COLETTA: So people have been
abandoning them. So now, if this ordinance comes into place and
there isn't some way to be able to mitigate the costs of some people
who are economically disadvantaged at the moment because of the
way the economy is, how do we get around that?
I heard something about this one agency that's championing this
cause has got funding that would help to offset these costs? Do you
know anything about that?
MS. TOWNSEND: Let me correct one piece of information, and
that is that our intake at DAS is down, and we have not found any
increase in abandonment associated with our surrender fee of $10. I
just kind of wanted to get that on the record.
Yes, there is a national organization called Dogs Deserve Better
that does have local representation, and they may be willing to help
people come into compliance if an anti-chaining ordinance is passed.
Their representative is here today, so I won't really commit them. Let
her speak for the organization.
COMMISSIONER COLETTA: Well, since -- from what I've
seen, the majority of these violations -- and I'd ask that representative
to come up, please, for just a moment so that I may be able to ask
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some questions and maybe come to some common solution.
Am I correct that if, from what I've seen from some of your
pictures you showed me earlier, the majority of these violations are in
the economic depressed areas of the county?
MS. BRISCO: No, not necessarily. So we see them all over the
counties. When we are going back and forth on a call -- I receive calls
on a daily basis, and I receive emails on a daily basis in reference to
chained animals. These are all over the county.
COMMISSIONER COLETTA: Well, what about--
MS. BRISCO: You can find them in nice areas, and you can find
them in the rural areas. It's really no --
COMMISSIONER COLETTA: Well, let's concentrate on that
element that's out there --
MS. BRISCO: The element that --
COMMISSIONER COLETTA: -- who may have to just
abandoned their animal. I'm sorry.
CHAIRMAN COYLE: We didn't get your name for the record.
She's going to need to get your name.
MS. BRISCO: Okay, yes. Hi. My name is Belen Brisco. I'm
the Southwest Florida representative of Dogs Deserve Better. It's a
national non-profit organization, and our mission is to educate pet
owners about responsible pet ownership, about getting the dog off of
the chain, and that a chained dog is 2.8 times more likely to bite
according to the CDC.
COMMISSIONER COLETTA: We heard all that and we
understand it, and I don't think anybody disagrees with you.
Let's go back to the cost factor.
MS. BRISCO: Okay.
COMMISSIONER COLETTA: Now, you have a person that has
a dog chained in a yard, doesn't have any fence. I believe it was you
that told me the other day that your organization had funds available
that would be able to help people that -- bridge this gap if they need to
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do something as far as to be able to contain the dog in a humane way.
MS. BRISCO: Right, exactly. We are -- we have funds
available. Where there are funds available, we will help either fence
the yard, purchase -- like, for example, some people have had their
dogs on chains. We've been able to explain the dangers of chaining
their pet. We have helped with vetting. We have helped with
bringing the dog off of the chain and into the home, help provide with
training inside the home when they don't have it or don't understand
how to train their own pet.
Even things such as crate training. If they're starting with a
puppy or if they're wanting to -- I have to leave my house for a couple
hours but my dogs a chewer, what should I do? We help crate train,
we provide a crate. Wherever the funds are available, we are there to
help.
COMMISSIONER COLETTA: And also, too, if you go to a
residence that they're either unwilling and they no longer want to
accept responsibility, you would -- if they did so agree to, you would
take possession of the animal?
MS. BRISCO: Yes, sir. We have done that in the past, and we --
I'm sure we will do it again. Many times people will say, I didn't even
want this animal. It's not mine. My granddaughter left it here. There
are so many different excuses as to why they're not taking care of the
animal, why he's chained up in the back, why they've forgotten about
him. And unfortunately the times that we do come, the animals are in
desperate need of medical care as well.
COMMISSIONER COLETTA: Thank you so much.
And I have questions, if I may come back to you. Now, one of
the things that we pride ourselves in Collier County is compliance
rather than enforcement, and I mean, we enforce when it's absolutely
necessary and, of course, we don't want any animals to undergo any
undue stress.
Tell me in this case, there'll be -- first it would be a period where
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people would just receive warnings; is that how it works? How do
you bridge the gap from where you are now to where you would be if
this ordinance passed as suggested by some people here?
MS. TOWNSEND: We have an implementation plan. Whether
the ban be an unconditional or tethering permitted with conditions,
we're looking at an implementation plan that would involved
obviously a big media push to get the word out to the community, lots
of education on behalf of any volunteers, Dogs Deserve Better as well
as animal control officers, and looking really sort of at a final,
complete the implementation, and start in earnest enforcing the
ordinance -- we're thinking if this passes on the January 26th meeting,
we'll have February, March, and April, and then the first week in May
is Be Kind to Animals Week, and that might be a good time to kick
off full enforcement.
COMMISSIONER COLETTA: And in may suggest -- now, I
can see the advantages to what the committee originally
recommended; however, with that, too, I got to find how we balance
this out with the needs of people who aren't going to be totally up on
what ordinances are and how they change, who may not get the paper
or even know who their commissioner is.
What I would suggest -- and I mean, I could support this
ordinance, one, if you had an educational period that was there with --
and warnings were given, and then when you came to the point that
you were going to enforce it, when you go to a residence, the first call
would be a warning call only with a reasonable period of possibly ten
days for them to be able to make some provisions.
At that point in time, if the people say that they are economically
pressed or unable to take it to the next step, that you involve the
outside agency that has offered their services and funds to be able to
intercede on behalf of Collier County to be able to either rectify the
situation with the correct kind of pen or to be able to take possession
of the animal and bring it to the proper government location. That
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would be my requirements before I would be able to agree to this
particular ordinance.
MS. TOWNSEND: That's very much in line with our current
procedures as well as our plans for implementation.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Personal experience -- and this
is why I'm having a little problem with this. Personal experience. We
had a wonderful dog. The dog was my husband's very favorite thing
in the whole world. He loved the dog more than his life. And he --
every time he went out -- now, we're -- in our neighborhood, we're not
allowed to build fences. We're not allowed to build extra structures.
And he never would ever put a chain or anything on this dog, except
when he was taking him for a walk, he would put a leash on him.
And so he was out working in the yard, the dog was playing, it
was a wonderful thing. I live on a very busy street. For some reason,
the dog ran in the street and was killed, and my husband never
recovered from that, by the way, and the dog was dead.
And had he -- well, of course, he didn't believe in chaining a dog
or tethering a dog, but now he didn't have a dog. And I worry about
people who want to let their dog out and play in wonderful weather,
and they want their dog to just be -- maybe they're washing the car or
they're working in the yard. The dog should be able to be playing
outside, but if there is no enclosure and you live on a busy street, that
dog could be killed. But if you'd chain him or tether him or tie him up
to a tree or whatever, you're in violation. And I worry about all of the
ramifications that could be -- could come from that.
CHAIRMAN COYLE: Okay. We'll call the public speakers
then.
MS. FILSON: Kelly Fox. She'll be followed by Teri Licastro.
MS. FOX: My name is Kelly Fox. Good afternoon,
Commissioners. Anti-chaining laws create safer neighborhoods and
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provide animals with a more humane way of life. Many communities
across America and beyond have learned the hard way that chaining
dogs is dangerous to the public, especially children.
Chaining is a safety hazard for both dogs and the community. By
chaining animals, dogs begin to have unnatural behavior. They
become territorial, aggressive and fearful. These solitary chained
animals have become the victims of cruel attacks by others and there
is nothing they can do to protect themselves.
We have all heard of the horrors of maulings and deaths caused
by chained dogs -- chained dog bites or chained dog attacks. Chained
dogs are 2.8 times more likely to bite than a dog that is not chained.
Tragically, the victims of chained dog attacks are usually children.
The solution is simple. The recommendation that was approved
by the DAS Advisory Board and supported by the public is as follows:
No domestic animal shall be chained, tethered, or otherwise tied to
any inanimate objects such as trees, buildings, or posts. This is an
ordinance that can be enforced. It is specific and to the point.
The second recommendation which was presented by the DAS
staff uses the words occasional and reasonable tethering is permitted.
This is very vague and this is not enforceable. The purpose of an
ordinance is to give the animal control officers a tool they can use, an
enforceable tool. Occasional and reasonable means something
different to each person in this room today and cannot be enforced.
Do we really want to add the undue burden on the public, the
animal control officers, and staff to create uncertainty? Absolutely
not. And chaining dogs does not refer to animals being walked on a
leash to do their business.
Through educational awareness and changing laws, we can help
to make our communities safer. By passing the approved and
enforceable DAS advisory board recommendation of anti-chaining,
we will have a law that works for us, the community, one that protects
our children and gives our animals a more humane way of life.
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The community volunteers and Dogs Deserve Better are ready to
join forces with DAS and work toward the good of our community.
This enforceable anti-chaining ordinance will protect dogs from
cruelty and neglect while providing what we all want the most,
enhancing public safety.
Thank you.
MS. FILSON: The next speaker is Teri Licastro. She'll be
followed by Janet Rossano.
MS. LICASTRO: My name is Teri Licastro. I'm a Collier
County resident. I've been involved with animal rescue for over eight
years. I became a supporter of the organization Dogs Deserve Better
after seeing firsthand the detrimental effects that occur to dogs living
their lives confined by a chain.
I have since become very active in the pursuit to change laws
banning this dangerous and cruel practice and to ultimately educate
people on responsible pet ownership.
I think what you're seeing -- what you're thinking about right now
is the fact that the neighbor next to you is taking their -- their --
cleaning their car and they want to tether their dog while they're doing
it. Would you want to look at a dog next door to your house that was
chained up 24/7?
COMMISSIONER FIALA: (Shakes head.)
MS. LICASTRO: Okay. I don't think people are going to be
calling on the neighbor that's having their fluffy white dog while
they're washing their car. We're talking about these -- if you -- could
you play that video that I have, that -- just pictures.
This is what we're talking about. And I see it every day
firsthand, and I can't stand it anymore. So if I have to give up my
right to tether my dog while I wash my car, I'll do that to stop this,
because this was this weekend, and it's very disheartening. This isn't
about those people that are going to be just temporarily -- no one's
going to be calling. And if somebody does call because it's a
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neighborhood vendetta against each other, that's one thing, but this is
what we're trying to stop. It's not about -- it's about making people
responsible for their animals. Those animals are suffering. They are
suffering because they're -- this dog's chain was so tight on its neck, I
couldn't even get my finger through it. And there's nothing DAS can
do about it right now, nothing.
So in my opinion, we have to go full force and say, sorry, you
can't chain. And I think that the officers need to be trained to make
those calls to say, I'm going to give you a warning, even if you are
washing your car and your dog's out there. I like to do it, too, but I
don't know how else to -- can you go to the next one -- I don't know
how else to stop this. This is really sad. This is very upsetting. And
if these dogs -- I go near that dog -- that dog was so aggressive
because of just being like that. That's his life. That's every day. The
stuff that's around him, he's bored. And this is what we're trying to do.
It's not about -- it's not about the things you were discussing about,
you know, you don't want to -- you want to have your dog out there
for a little while.
We have to go 100 percent and let the officers be trained to
educate people. These are pack animals. That's a puppy. It was
freezing out. I could do nothing about it. Officers can't do anything
about it. That's what I'm talk- -- that's what we're talking about. And
this is -- they're unseen and unheard is the problem. You guys don't
see this.
I mean, this is different areas. This is a -- this is in a nice
neighborhood, by the way. Owner says she loves her dog. Dog
doesn't ever go in the house. It sits there, 24/7. This is what it's about.
Dogs Deserve Better is educating people. And I actually did
speak with some of the owners, and I was getting good feedback.
People want education. They want to know what to do. They want to
know what's right.
This one here, there was coyotes in the neighborhood. Dogs
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Deserve Better did rescue this one, and it's in a loving home right now.
That's what this is about.
Please, this is what we need to happen. People need to take
responsibility for their animals. I don't think you want unsightly
animals chained up because it sets a tone for how they take care of
their house, their yard, everything.
I had somebody that lived next door to one of these --
CHAIRMAN COYLE: Your three minutes is up, okay. Thank
you.
MS. LICASTRO: Thank you. Thank you very much.
CHAIRMAN COYLE: Thank you. Okay.
COMMISSIONER HENNING: Commissioner Coyle?
MS. FILSON: Janet Rossano?
CHAIRMAN COYLE: Yes.
MS. FILSON: She'll be followed by BJ Gerald.
COMMISSIONER HENNING: Can I make a recommendation,
and I think this should be acceptable by all is, tethering is allowed as
long as it is with -- manned by a person, so that would take care of the
issue about having it in the restaurant, that would take care of the issue
about working in the yard, that would take care of the issue about
washing your car while the little white dog is there and, you know,
have a reasonable time, like 15 minutes, that dog can be unattended in
case the phone rings or somebody has to go potty or something like
that, and take those -- take this ordinance with those
recommendations, take it back to the advisory board and get their
input on that.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: And if it's an -- agreeable to all
to do something like that, then bring it back with the public input.
Maybe we'll get through this issue and it won't be so controversial.
Would anybody agree to that? You agree to that?
THE AUDIENCE: May I say something?
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CHAIRMAN COYLE: We're going to debate this to death, but
the only time you can speak is if you're at this microphone. Now, the
problem is that we have how many more speakers?
MS. FILSON: Three. Well, four counting--
CHAIRMAN COYLE: Four, and then the lady wants to speak
again. It's five more speakers. Is there anything different you're going
to tell us? You've told us that you do not want chaining, end of story.
No chaining.
MS. ROSSANO: It's not only this very small group -- excuse
me. My name is Janet Rossano. I'm a business owner here in Collier
County and one of the founding members of animals -- Animal
Advocates of Collier, and along with Dogs Deserve Better.
I have a petition signed for 652 citizens in this county all
demanding this and having this ordinance passed. So that's only thing
I can add that's different to everything else that everybody else has
said, but I thought that was important.
CHAIRMAN COYLE: And that's helpful. And I don't think
you'll find anybody on this board who disagrees with that position
with respect to the kinds of treatment that you have shown us here.
None of us would disagree that those people should be prohibited
from doing things. But there are reasonable tethering situations that
we must understand and accommodate, but we need to work out the
phrasing of this ordinance so that it accomplishes both goals.
Now, you can continue speaking. We've -- you have an
opportunity to speak, so let's finish up with the speakers.
MS. ROSSANO: I would just like to add -- I will not go through
my entire speech. I would just like to add to Commissioner Halas
saying, you made comments before about your concerns of having to
-- whatever kind of a dog behind a fence, and if that dog gets loose,
and you feel it would be safer if that dog was chained. Am I
understanding that's how you feel?
COMMISSIONER HALAS: When it comes between a dog and
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a child, I'm going to vote for the child.
MS. ROSSANO: Agree. I understand that. But my question to
you, sir, was, do you feel that a chained dog is less aggressive than an
unchained dog?
COMMISSIONER HALAS: No. I feel that if a dog does have
aggressive tendencies and somebody realizes that, then that dog
should be chained so it doesn't do irreparable harm to an adult or a
child. That's the responsibility of that person to either take care of the
dog, put the dog down or whatever else. And I don't know if I have
that ability to tell that person that he's got to put his dog down. That's
the decision that that person needs to do, because that's a property
rights issue.
MS. ROSSANO: And I agree with you on one of those issues,
that it is the owner's responsibility to ensure that dog is not aggressive
regardless of it being on a chain or not a chain. It's an owner's
responsibility for that dog not to be aggressive. And proof and
statistics prove that if a dog is chained, it will be more aggressive. So
we just tend to disagree, that's all.
COMMISSIONER HALAS: Well, when it comes to a child or a
dog, it's a child, ma'am.
MS. FILSON: The next speaker is BJ Gerald. She'll be followed
by Tom Kepp.
MS. GERALD: Good morning, Commissioners, staff. For the
record, my name is BJ Gerald, and I'm a Lee County resident.
And I'm not going to go through my speech because I believe
we're all on the same page with most of this, but I'm the community
volunteer for Lee County Domestic Animal services, and I've -- I have
quite an honor. I get to drive one of their animal services trucks, I
have a county phone, and I go out and educate people that have --
when there are animal complaints when they don't need an officer.
And since about -- last year I met Belen Brisco, and one of my
biggest complaints in Lee County was the fact that chained dogs are
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allowed. And I do understand that there are some situations where you
are washing your car, you're at a restaurant and you have your dog.
When I go to Starbucks and I see people with dogs, I would say most
of them have their dogs around either the table leg or their own leg
because that animal is extremely important to them.
The Dade County ordinance allows -- which they passed last
year, almost a year ago, and they're very proud of -- it does not allow
chaining at all except if you are there with that dog, and -- you have to
be right there with your dog. You can't leave it out there for an hour.
You must be with it.
But -- and I -- I'm totally against chaining, but under those -- this
is just me personally speaking. I don't have a problem if somebody is
right there and if it's done humanely.
And driving around Lee County, seeing dogs in the elements
with the rain and the heat -- again, as Ms. Townsend said, there are
situations where short-haired dogs versus a long-haired dog can
tolerate different temperature ranges. But the insects, when they're
tied, mosquitoes, flies, fleas, ticks, fire ants, everything gets in their
way. Even if your dog is -- if you are outside with your dog and your
dog -- and you're not paying attention to this dog when you're
watering your lawn, you're watering your lawn, the fire ants go to the
dry spot, which is where your dog is. So you have to do diligence
when you have your dog outside, period. And dogs shouldn't be -- if
you have a dog that's somewhat dangerous, then it's your
responsibility to have a fence, a tall enough fence. And this is one of
the issues that I deal with. And I tell them, they need a much taller
fence. They have to make sure that dog can't get out.
And if they're afraid when someone comes to their house, there
are bathrooms, there are bedrooms a dog can be put into to keep him
out of harm's way, and that is your responsibility as an animal owner
not to chain that dog up, not for 13 seconds, unless you're out watering
your lawn, washing your car, or in a Starbucks. Thank you very
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much.
MS. FILSON: Tom Kepp. He'll be followed by William
Hughes.
MR. KEPP: Tom Kepp, Domestic Animal Services Advisory
Board. I stand by our anti-chaining recommendation on -- for my -- I
can only speak for myself.
Mr. Coyle and Ms. Fiala, you have very good points. I just don't
want to see it left up to the discretion of the -- of the animal control
officers, because I don't -- I believe there's too much suffering it's
going to invol- -- in other words, I believe there's too many excuses
that they're going to deal with that really aren't valid excuses. I think
it has to be a strong ordinance wording.
Your -- both of those things are very -- are legitimate reasons. I
think it ought to go back to the advisory board. I stand by our
recommendation, but if it's not going to pass that way, then it needs to
come back to us.
I don't agree with any time frame period or any of this. I would
-- I would possibly consider a recommendation of, as long as you are
accompanying the animal; in other words, you are right there with it.
As far as going into the restaurant, I don't think it's fair to the animal
to be tied out outside. If it's an outdoor cafe or something, maybe so.
But as long as you are in the presence of the animal, then maybe
I could go with that, and I think that would solve that problem. But I
think it has to be very strong wording; otherwise, it's not going to be
enforceable. And I've heard so many excuses in this process.
As far as the dangerous dog thing, I had a rottweiler for 14 years,
and I can tell you this, that any animal of that size and of this -- has
the ability to be aggressive.
And as a -- as the owner of animal, it's your responsibility,
period, to make sure that that animal doesn't get out, and chaining is
not an option because there's many, many ways to avoid that from
happening, and thank you very much.
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MS. FILSON: Your final speaker, Mr. Chairman, is William
Hughes.
MR. HUGHES: Good morning, Commission. Congratulations,
Commissioner Coyle, on having the chair seat at this time.
I'd like to say I believe that piece of legislation is an example of
what's going on in the country for several years -- several decades
now, legislating for the least common denominator. I do not believe
in it at all; however, their points are well taken. Protection of animals
that are abused is important.
I care very much, as Donna's story, I have a dog that I would die
if anything happened to my dog. My dog likes to lay in the sun. I
don't sit with it. I do chain it. You're infringing on my right, my
property rights, my animal's rights. I think that's been made clear
today; however, no one here has the intent to abuse an animal.
Animals that are abused are currently covered under law as a
dangerous animal, as I believe Mr. Halas pointed out. If they're
adjudged that, the law has ways to deal with that.
Otherwise, the other points made by the previous speakers, the
owner's responsibility. It is totally the owner's responsibility;
therefore, to set these types of regulations within our county is an
infringement on our rights of freedom, our rights of expression, and
how we live in our own homes. So thank you for your time.
CHAIRMAN COYLE: Okay. Commissioner Coletta? It's been
a long time.
COMMISSIONER COLETTA: It's been a long time. I think I've
heard everyone. I do think that we have to find some way to be able
to moderate what we're talking about as far as the right of leashing.
Commissioner Henning had some great ideas. I think people should
be able to allow --
COMMISSIONER HENNING: Can I put that in writing?
COMMISSIONER COLETTA: No, I take it back. I withdraw
that, Commissioner Henning. I had some great ideas that he stole
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from me.
CHAIRMAN COYLE: This is all on the record.
COMMISSIONER COLETTA: But we won't get into that.
CHAIRMAN COYLE: It's already on record.
COMMISSIONER COLETTA: Yeah. The issue should be
where you can reasonably tie your animal up for small periods of
time, something like possibly four hours, and they have to be there,
with the exception of occasionally if you're gone for 15 minutes. It
would be something that would be easy to monitor. It would give
everybody that leeway they need and still be able to have animal
control be able to assess the situation as it comes up.
Once again, too, I won't support anything that has a fining system
to it that doesn't allow for compliance through warnings. I expect that
to be in any kind of ordinance that comes forward. I also expect the
organization that brought this idea forward has been to -- pushing it
forward, they come up with the money it's going to take to be able to
help out some of those people that won't be able to afford to make
these amendments to it, and also be advocates for not only the
animals, but for the community, in interceding whenever possible.
And those people that can't take care of animals and no longer want
them, to be able to take them to the animal services or the humane
shelter, whatever would be appropriate.
That's about the end of what I have got. Now, I think that kind of
boils down where everybody is.
Commissioner Fiala brought up a good point. Her husband went
through a very traumatic time with the death of his dog. And if he had
been allowed to -- or ifhe did tie that dog up for that period of time he
was in that yard, that never would have happened and we'd have
avoided that situation.
And I listened to what she had to say, and I do agree. There's got
to be some reasonable allowance for this, but it has to be such that it
can be monitored. It can't be carte blanche where you can do it
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anytime you want and then walk away from it, and somebody has to
prove that you haven't been out there for six hours or four hours.
I'm saying that you should be with the animal, but reasonable
allowances like Commissioner Henning mentioned for whatever
reasons. That's where I would be.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you.
I think first of all -- and I've made my point -- there are other
instances where you might tie your dog up and not be able to be with
it, whether you're visiting a friend down the street and it's a sick friend
and you can't take the dog into their house or something like that.
Reasonableness is important.
For those pictures that we saw today, those people aren't
reasonable anyway. And you know what? Those people who would
tie up their dogs like that and make them suffer, they don't care what
the ordinance says anyway, no matter how strict it is. And right now
when you put an ordinance in place and it does say reasonable to
accommodate some of these things, it will get those people. There's
no doubt about it. When you see pictures like that, there's no
guesswork as to whether the dog is being mistreated or not. I mean,
just look at the surrounding area.
So I tend to feel that reasonableness is important and -- in this --
in this ordinance. Thank you.
CHAIRMAN COYLE: Thank you very much. I think I see
where this is going, that this is -- this portion of the ordinance is not
going to be passed by this board unless there is a more flexible
proVIsIon.
Commissioner Henning had made a suggestion a long time ago,
and I would like to pursue it and maybe expand upon it a bit. Could I
suggest that we approve the revisions to the ordinance that relate to the
trap-neuter-return of feral cats and for the hearing by a special
magistrate of appeals of dangerous dog determinations, and refer the
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chaining issue back to the staff and to the advisory board, to see if
they can develop a definitive but reasonable method of discouraging
the kind of treatment we have seen depicted here, and all of us have
seen it in real life before.
It is not the temporary tethering of a dog that makes the dog
aggressive. It is the permanent tethering of a dog that makes a dog
aggressive. And it is the absence of human interaction that makes the
dog aggressive to strangers.
So there -- we might not dis- -- might not agree on all this, but we
want to solve the problem you're concerned with. And all of the
examples you gave us were really permanent tethering or chaining of
dogs. Some of them might not be.
But listen, I've owned dogs all my life.
THE AUDIENCE: So you're an expert.
CHAIRMAN COYLE: And I know that temporarily tethering a
dog does not make it dangerous. It sometimes protects the dog, as
Commissioner Fiala has said.
So let's be reasonable. I know you're passionate about this issue,
so are we, but we've got to look at the rights of the people of Collier
County and to make sure that we address issues of dog cruelty, which
can go beyond tethering.
Failure to provide them proper shelter, failure to provide them
food and water. Those things are just as important, and we've got to
make sure that we deal with those.
So -- so Commissioner Henning, would you like to expand upon
that motion or go back to your motion and suggest we -- is what I
described okay to you?
COMMISSIONER HENNING: Yeah, and I'll second that --
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: -- second that motion, and it
gives some flexibility after hearing the comments of the BCC, input of
the staff, and what we did see, work with the advisory board, so --
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January 12,2010
CHAIRMAN COYLE: Yeah.
COMMISSIONER HENNING: I fully support it.
CHAIRMAN COYLE: Okay, good. Any -- there's a second. I'll
second it.
COMMISSIONER HENNING: No, I seconded yours.
CHAIRMAN COYLE: Or you seconded mine, okay.
Is there any discussion?
COMMISSIONER COLETTA: Yes.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. Could you also include
in your motion reasonable warnings to the public rather than --
CHAIRMAN COYLE: Oh, absolutely, yeah. I think we need an
educational period. But I think it should -- and I'm sure we must have
regulations that relate to other mistreatment of dogs other than just
training -- or chaining.
MS. TOWNSEND: Absolutely, absolutely.
CHAIRMAN COYLE: Okay. I'd like to make sure that we
address issues of proper shelter, housing, food, water.
MS. TOWNSEND: Yes, sir. Those provisions already exist
within the existing animal control ordinance.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: Also, Commissioner Coyle, to
be able to recognize other agencies that have resources out there that
could assist --
CHAIRMAN COYLE: Yes.
COMMISSIONER COLETTA: -- at times like this?
CHAIRMAN COYLE: All right. Good, all right.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
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COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously. And we're
breaking for lunch. We'll be back here at 1: 17.
(A luncheon recess was had.)
MR. OCHS: Ladies and gentlemen, please take your seat.
Mr. Chairman, you have a live mike.
CHAIRMAN COYLE: Thank you very much, County Manager.
I believe we're going to go to -
Item #12A
RECOMMENDATION TO AUTHORIZE THE COUNTY
ATTORNEY TO ADVERTISE AND BRING BACK FOR BOARD
CONSIDERATION AN ORDINANCE ESTABLISHING THE
HABITAT CONSERVATION PLAN ADVISORY COMMITTEE
TO ASSIST THE BOARD OF COUNTY COMMISSIONERS IN
DETERMINING THE FEASIBILITY OF DEVELOPING AND
IMPLEMENTING A HABITAT CONSERVATION PLAN TO
PROTECT RED-COCKADED WOODPECKERS IN THE NORTH
BELLE MEADE OVERLAY AREA - MOTION TO DENY
RECOMMENDATION - APPROVED
MR. OCHS: 12A, sir.
CHAIRMAN COYLE: -- 12A, yes.
MR. OCHS: Yes, sir. That's an item that was continued from the
December 15, 2009, BCC meeting.
It's a recommendation to authorize the county attorney to
advertise and bring back for board consideration an ordinance
establishing the Habitat Conservation Plan Advisory Committee to
assist the Board of County Commissioners in determining the
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feasibility of developing and implementing a Habitat Conservation
Plan to protect Red-cockaded Woodpeckers in the North Belle Meade
overlay area.
This is the county attorney's item, sir.
MR. KLATZKOW: Yeah, this was at board direction. It's, in
essence, the reconstituting of a -- of a commission that sun-setted, and
we're here to answer any questions.
CHAIRMAN COYLE: Okay. We have two public speakers.
Let's hear from the speakers.
MS. FILSON: Judith Hushon. She'll be followed by Tim Nance.
MS. HUSHON: Good afternoon, Commissioners. The reason
I'm -- you basically have decided that this effort should be continued,
and then you asked for the ordinance to do so.
One of the things is that the committee is not going to be able to
do what you've asked them to do as it's currently written because the --
you asked them to write for a grant application and to work on
preparing an HC- -- Habitat Conservation Plan for North Belle Meade.
What that has to be is including all threatened and endangered
species, not just Red-cockaded Woodpeckers.
The -- because this area has other species present, the Fish and
Wildlife Service will not grant an HCP. An HCP -- because you'd
have to go back to the Fish and Wildlife Service and not to the county,
which is -- the county would then grant take permits. You would have
to go back to the Fish and Wildlife Service for the other take permits
for the other species. This would be duplicative.
So we'd like to get it all done at once through the county, because
that's much more efficient for these people and the landowners.
What we had prepared before was just a draft plan. We want to
go ahead and work on it. We'd like to have more public input. We'd
certainly like to see some more members from the area on our
committee.
And -- so I'm asking that -- two things. One, that it be expanded
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January 12,2010
from Red-cockaded Woodpeckers to all threatened and endangered
species, federal threatened and endangered species. That occurred --
that language occurs three times, and in the title for the North Belle
Meade overlay.
Secondly, I would like it to be seven members rather than five.
We're entering into a situation where there's a lot of writing called for,
and it's nice to have additional authors and reviewers. And so I think
seven people would be a lot more efficient at this particular task than
five.
I'm not going to go to the map for that one, but the other one --
and if you don't grant that one, it -- we can't proceed and do the job
you asked us to do. Thank you.
MS. FILSON: The next speaker is Tim Nance.
MR. NANCE: Mr. Chairman, Tim Nance, past president of
Golden Gate Estates Area Civic Association.
I'm here basically on behalf of residents in North Belle Meade.
I'm a North Belle Meade resident. I've had my residence and small
business there since 1983.
I'm here to speak out against this Habitat Conservation Plan in
the North Belle Meade. I think it's a very onerous plan. I don't know
why North Belle Meade is being singled out for a whole 'nother level
of regulation. But what this plan would effectively do would have
landowners, businesses, and residents subject to a whole additional
level of environmental regulation at the county level, things that are
already being done by the state and federal agencies.
It effectively mandates additional land use restrictions and
regulations over and above the North Belle Meade overlay of the rural
fringe mixed-use district Growth Management Plan. It's going to
result in an increased environmental mitigation and land management
cost for the residents and small businesses there, possibly there for a
whole list of species. The regulation is mandatory as proposed and
not voluntary like the rural lands management plans.
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January 12,2010
And the citizens here that are going to be affected are not large
landowners. They're not people who have resources and property to
offer for environmental mitigation and exchange for development
credits. They're already regulated by the Transfer of Development
Rights Program that's been overlaid on them.
These are small agral businesses and residents. The costs are
onerous. The plan as proposed is discriminatory in my opinion in
singling out North Belle Meade. It's oppressive to small landowners
and businesses, and severely limits the ability of the citizens there to
use and enjoy their property.
In effect, if you add up the cumulative effect, it's going to be a
taking by regulation. There's no support for this from North Belle
Meade residents, businesses, and property owners.
Habitat conservation may well be a valuable environmental
approach in some areas, but I don't think it should be done in North
Belle Meade.
Thank you very much.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: What -- I know this was
continued. I didn't know we directed to bring it back, because if I -- if
I remember correctly, it was on our agenda to formally disband the
committee.
MR. KLATZKOW: That was a previous agenda. We've had a
committee, we disbanded the committee, then there was talk about
reconstituting a committee, put this --
COMMISSIONER HENNING: Here?
MR. KLATZKOW: Yeah. We put this together. And this has
been like an accordion. We started out with a -- the Red-cockaded
Woodpeckers, the committee started expanding it to other endangered
speCIes.
COMMISSIONER HENNING: Right.
MR. KLATZKOW: The board then started contracting it.
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January 12,2010
COMMISSIONER HENNING: Right.
MR. KLATZKOW: Now it looks like we're expanding it back
agam.
COMMISSIONER HENNING: Yeah. I mean, it's the old head
under the tent, you know. It's never enough. They're going to pull the
whole animal in there. We've had many speakers on this issue, and
we limited it. Now we're hearing they can't do it unless you get
complete species protection out there.
We've been dealing with this for years, if not decades. Let it go,
you know. Let's move on. Let's not have it. Sunset the committee and
let's be done with it.
MR. KLATZKOW: The committee was sunsetted. The question
is, do you want to reconstitute it?
COMMISSIONER HENNING: No, I don't.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: This issue is extremely
perplexing. I can't understand why in this one area we're going to try
to force something down the throat of those residents when the rest of
the county we absolved them from this.
Over and over again we see it going back. We're trying to find
the weakest link out there that they can bring this program into being.
Immokalee, they reviewed it, they didn't want it, now they're
trying to bring it back up in Immokalee, too. Let's be honest about
this. We represent the people that own that land -- those lands out
there. They do not want to get involved in another mitigation process,
which it will end up being.
We were talking we'd only proceed as a volunteer program. How
can this be a volunteer program if landowners out there -- and I'll tell
you right now, Tim Nance is a very effective representative of the
people in that area. He helped to form the Frangipani Civic
Association out there, which does include all the people that live
within that area.
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January 12,2010
And I've been out there before to their meetings, and I can tell
you that if there's any support from this, it's from no one that I've ever
met out there.
So I agree with Commissioner Henning, this thing here should
just come to an end at this point in time. And consideration for
something in the future might have to be drawn up, but not at this
time. We've chased this down the road too far for too long.
CHAIRMAN COYLE: Okay, thank you. Any other
commissioners?
I just need to ask a couple questions of staff, County Manager.
MR. OCHS: Yes, sir.
CHAIRMAN COYLE: Is Bill going to do this?
MR. OCHS: Yes, he is.
CHAIRMAN COYLE: Okay. I am also confused about why
we've gone back and forth about how big an area we should include
and how many threatened or endangered species we should include.
What is the regulatory requirement for the HCP?
MR. LORENZ: Well, the answer to your question in terms of--
Bill Lorenz, for the record.
To answer your question in terms of regulatory requirement,
there is no state-mandated requirement for the county to have an HCP.
A hab- -- an HCP or Habitat Conservation Plan was envisioned to be a
mechanism by which the county could, working with the u.s. Fish
and Wildlife Service, establish a Habitat Conservation Plan for either
a specific area or countywide, and that plan would essentially give the
county the ability to issue the take permits that typically U.S. Fish and
Wildlife Service would issue.
The advantage to that would be that there would be almost a
one-stop shop for listed species protection in that particular area
because the -- an applicant would come to the county to receive that
take permit. They would not have to go to the U.S. Fish and Wildlife
Service if the permit was issued according to the Habitat Conservation
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January 12,2010
Plan. So theoretically that could provide some additional efficiency
for property owners.
The benefit for the environmental protection component would
be that an HCP could be envisioned initially so you could look at it
more like a holistic approach for environmental protection as opposed
to a project-by-project approach.
This was -- this was proposed back in 2004. In fact, I stood up
here and proposed to the board to evaluate the feasibility of an HCP.
You created an advisory committee. It has been going back and forth.
There doesn't seem to be a really solid consensus on, yes, this is really
the right thing and the right way to go.
And without that solid consensus, you have -- you're going to see
some difficulty, if you were to proceed, to actually get something
reviewed and approved and accepted by the community once u.s.
Fish and Wildlife Service sees it.
So this is where -- and I think County Attorney talked about
being an accordion. We have gone back and forth because some of
these issues have been complex in terms of, should we limit it to a
specific area or should we limit it to a specific species.
CHAIRMAN COYLE: Okay. Now, as I understand it, the
argument has been made in the past and also today that the Fish and
Wildlife Service will not approve a Habitat Conservation Plan unless
it includes all the threatened and endangered species. And I guess -- I
guess that's true. What's your take on that?
MR. LORENZ: Well, I would -- I understand the logic behind
that, and there have been some places where they have approved a
single species, but the problem is, is if they were to -- if they were to
approve a single species -- which I think they've indicated that they'd
rather see us do a multi-species approach. If they were to approve a
single species, if you would come to the county, for instance, for that
-- for an RCW HCP, the landowner would come to the county, would
get its take permit from the county, but then it would have to go to the
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January 12, 2010
u.s. Fish and Wildlife Service --
CHAIRMAN COYLE: For everything else.
MR. LORENZ: -- to get the permit for any other listed species
that are on site. So that's the -- that's the reason why you'd want to
have it multi-species, because it would be what -- you don't have to go
one place. And so that's where we were going back and forth. But, of
course, the one species that we'd be talking about in North Belle
Meade would be -- also be Florida panther, so you'd be talking about
an HCP for RCWs and the Florida panther, and there may be some--
one or two other species that could be included as well, but those
would be your major species if you took a multi-species approach.
CHAIRMAN COYLE: Okay. So the ultimate purpose seems to
be to make it easier for landowners who want to change the use of
their land to get a permit to do so; is that a correct statement?
MR. LORENZ: Well, I would say there are two objectives. One
object- -- that would be -- that would be a benefit for a, quote, a
one-stop shop. A second benefit would be -- you'd be -- everybody
would -- you would create a plan that everybody knows what would
be expected of them, and that plan holistically would be of a benefit to
the species as well.
CHAIRMAN COYLE: Okay.
MR. LORENZ: So I mean, there would be two benefits. But the
one question is, is when we brought this through the committee with
all the stakeholders, there doesn't seem to be a solid consensus or
enthusiastic support either recognizing that it could be efficient for the
property owners or it would be a benefit for the environment.
CHAIRMAN COYLE: Okay. All right.
Commis'sioner Henning?
COMMISSIONER HENNING: Yeah. I'm going to make a
motion to deny the recommendation on 12A.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: All right. Motion by Commissioner
Page 11 0
January 12,2010
Henning to deny the recommendations and seconded by
Commissioner Coletta.
Any additional discussion?
(No response.)
CHAIRMAN COYLE: Okay. All in favor, please signify by
saymg aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: All opposed, like sign?
Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: So it passes -- the motion passes 3-2.
The recommendation is denied.
Item #7 A
RESOLUTION 2010-11: V A-PL2009-1162, ELKE REMMLINGER-
BEHNKE, AS TRUSTEE OF THE BERND SCHOENHERR 1998
IRREVOCABLE TRUST, REPRESENTED BY KAREN BISHOP
OF PMS, INC. OF NAPLES, IS REQUESTING TWO AFTER-
THE-FACT VARIANCES FOR AN EXISTING SCREENED POOL
ENCLOSURE THAT IS AN ACCESSORY STRUCTURE TO A
SINGLE F AMIL Y DWELLING. THE FIRST REQUEST IS FOR A
VARIANCE OF 2.5 FEET FROM THE REQUIRED REAR YARD
SETBACK OF 15 FEET AS PROVIDED FOR IN SECTION 8.16
OF THE KINGS LAKE PLANNED UNIT DEVELOPMENT
(ORDINANCE NUMBER: 82-52) TO ALLOW THE EXISTING
ACCESSORY STRUCTURE TO REMAIN AT 12.5 FEET FROM
THE REAR PROPERTY LINE. THE SECOND REQUEST IS FOR
A VARIANCE OF 2.41 FEET FROM THE REQUIRED SIDE
YARD SETBACK OF 7.5 FEET AS PROVIDED FOR IN
Page 111
January 12,2010
SECTION 8.16 OF THE KINGS LAKE PLANNED UNIT
DEVELOPMENT (ORDINANCE NUMBER: 82-52) TO ALLOW
THE EXISTING ACCESSORY STRUCTURE TO REMAIN AT
5.09 FEET FROM THE SIDE PROPERTY LINE. THE SUBJECT
.26 ACRE PROPERTY IS LOCATED AT 2454 KINGS LAKE
BOULEVARD, IN THE KINGS LAKE UNIT 3, IN PLAT BOOK
13, PAGES 33 AND 34 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, IN SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA - ADOPTED
MR. OCHS: Commissioners, that takes you to Item 7 on your
agenda, Board of Zoning Appeals. This item requires that all
participants be sworn in and ex parte disclosure be provided by
commission members.
V A-PL2009-1162, Elke Remmlinger-Behnke, as trustee of the
Bernd Schoenherr 1998 irrevocable trust, represented by Karen
Bishop ofPMS, Inc., of Naples, is requesting two after-the-fact
variances for an existing screened pool enclosure that is an accessory
structure to a single-family dwelling.
The first request is a variance of 2.5 feet from the required rear
yard setback of 15 feet as provided for in Section 8.16 of Kings Lake
planned unit development, ordinance 82-52, to allow the existing
accessory structure to remain at 12.5 feet from the rear property line.
The second request is for a variance of 2.41 feet from the
required side yard setback of7.5, feet as provided for in Section 8.16
of the Kings Lake planned unit development, Ordinance number
82-52, to allow the existing accessory structure to remain at 5.09 feet
from the side property line.
The subject 2.6-acre (sic) property is located at 2454 Kings Lake
Boulevard in the Kings Lake Unit 3, in Plat Book 13, Pages 33 and 34
of the public records of Collier County in Section 7, Township 50
south, Range 26 east, Collier County, Florida.
Page 112
January 12,2010
Want to swear in everyone, sir.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN COYLE: Okay.
MR. OCHS: Ex parte.
CHAIRMAN COYLE: Yes. Ex parte. Let's start with
Commissioner Fiala.
COMMISSIONER FIALA: Yes, thank you. I've met with -- or
rather I've spoken on the phone to Karen Bishop, also I called the
president of the homeowners association in Kings Lake to understand
how they feel about it, and they had a positive response, this was
good. Thank you.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yes. I've had correspondence on
this, I've discussed this with staff, and I also read the results from the
Collier County Planning Commission.
CHAIRMAN COYLE: And I have met with Karen Bishop, who
is the agent for the petitioners, I have also read the Collier County
Planning Commission report, and I have the code case detail report
detailing the actions that inspectors have taken on this particular piece
of property.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. I reviewed
staffs report and also the Planning Commission.
CHAIRMAN COYLE: And Commissioner Henning?
COMMISSIONER HENNING: I received staffs report, the
Planning Commission staffs report.
CHAIRMAN COYLE: Okay. Thank you very much. I think
that completes the ex parte disclosure.
Ms. Bishop?
MS. BISHOP: Good afternoon. For the record, Karen Bishop
for the owner. And no, I'm not going to try to pronounce the name.
This is a case of -- where a -- the current owners bought the
Page 113
January 12,2010
house with an existing pool and screen cage that received a CO when
they bought it. A hurricane came, took it down, and it took them
several years to be able to find contractors to get them back up. These
owners live in Germany, aren't here full time. They hired a contractor
to come in. They found that there was an issue with the setbacks.
The contractor was an out-of-town contractor, wasn't familiar
with the processes, so they went to hire a local contractor who was
going to go through the processes to get the permission to build it.
And apparently, he didn't even pull a permit and built the cage without
pulling any permits or getting the variance -- the appropriate
variances. It became a code compliance case.
I am a friend of the daughter, and so they asked me to help. And
for the last several years, we have worked to try to get this resolved.
And the variance process is the way that we have gone through now
where we are requesting to put back what was there when the owners
bought this house in 1994.
I don't think there's really much more to say than that. I mean,
the packet is pretty self-explanatory. I've put on the visualizer to show
you the house representation. This house was built literally six
months before spot surveys were required in Collier County.
And reviewing the original permit and reviewing the original
stuff, I concluded that the -- I think that the original pool company
might not have used a survey company to stake it out. It was just an
accident because there was plenty of room to build it. It was intended
to be built in the right place, but unfortunately it wasn't.
I have just provided you with letters from the neighbors on either
side that says, essentially, they don't object to this pool screen being
where it is, which has been there since most of them -- before most of
them were even living there.
If there's any questions, I would certainly be happy to answer
them.
CHAIRMAN COYLE: Okay, thank you.
Page 114
January 12,2010
Do we have any public speakers?
MS. FILSON: No, sir.
CHAIRMAN COYLE: Commissioners, anyone have any
questions?
COMMISSIONER HENNING: Just one.
CHAIRMAN COYLE: Whole bunch of people. Commissioner
Henning does.
COMMISSIONER HENNING: And are these the only abutting
neighbors, is two? So there's nobody in the rear --
MS. BISHOP: Across the lake, way past 300 feet, but no, sir.
COMMISSIONER HENNING: It's not --
MS. BISHOP: No, sir. And I actually have aerials to show you,
if you would like to see some aerials, which I think are in your packet.
I can stick that on.
COMMISSIONER HENNING: Right. No, that's fine. I mean,
to me that's most important is, you know, what do the neighbors think,
the ones that are right next door to it.
MS. BISHOP: Right. And this house has always been
maintained really well. The neighbors are pretty -- known each other
all -- a very long time and have no objection. And I actually gave
letters to the neighbors outside of the ones next to it also, and I didn't
get them signed, but none of them had any objections either.
COMMISSIONER HENNING: I don't have any objections.
CHAIRMAN COYLE: Yeah. I think Commissioner Fiala was
next.
COMMISSIONER FIALA: Yes. And I -- as I read through this,
I wanted to call the homeowners association to find out if they had a
problem with it. They had a meeting. They have no problem with it
whatsoever. They said it's been there 18 years. It's been fine up until
now. And as far as they're concerned, it's fine with them, so I'd like to
make a motion to approve.
COMMISSIONER COLETTA: Second.
Page 115
January 12,2010
CHAIRMAN COYLE: Motion to approve by Commissioner
Fiala, seconded by Commissioner Coletta.
Commissioner Coletta, you wanted to speak?
COMMISSIONER COLETTA: Yes, yes, in may.
And I need to know the answers to this question. I mean, it
doesn't change my motion in any way. But what was the cost for your
client to get to where they are today?
MS. BISHOP: The application fee was just at $5,000. I worked
for free, so they didn't have to pay me, or the surveyor. Got him to
work for free.
COMMISSIONER COLETTA: Well, if they did, normal people
MS. BISHOP: If they -- then they would have spent probably
close to $20,000 to -- because I've worked on this for two years trying
to get this resolved.
COMMISSIONER COLETTA: Yeah. And there's absolutely no
reason -- we just got through talking about efficiency in government,
and we have, I think, one more item coming up on that. And this is
definitely not efficiency in government.
Can someone from staff tell me, how many times did this same
issue come up about these pool enclosures or the setbacks on them
over the past five, eight years or whatever? There's been a number of
them. I can't remember one of them where you didn't (sic) have
objections from the residents or the immediate residents of the area
that we haven't approved. Is that correct, or am I off on that?
MS. BISHOP: Well, before he speaks, can I just say to you that
when this hurricane happened, you did have a grace period of six
months, but unfortunately no one could find a pool contractor within
that time frame, because I couldn't even for my own screens, so there
was a grace period where people could come in, which was a
wonderful thing, but we just didn't fall within that time frame. So
maybe that could be extended next time.
Page 116
'''__''''_~_"_<'_''____"~____""''''__'''.'~''''";>_"'._''.''_'_"'W'_'~"~_'"'_'____..______"_,__._....__~....~_..,,._> .~,_,._,_..._,__...._.,,_....__, ~
January 12,2010
COMMISSIONER COLETTA: Well, I think we can do a little
bit better than that, because there's some cases where you get new
owners coming in, and we have such a repetitious-type thing keep
coming before us, tremendous expense to the applicant, which is the
people we represent, tremendous burden upon the staff to pull
everything together.
Nick, can you fill me in on the details on this?
MR. CASALANGUIDA: For the record, Nick Casalanguida
with community development. I have not been sworn in, but I'm not
testifying as to this petition.
There's been ten or 12, and you've approved them all. And we're
going to work with the County Attorney's Office. This is one of the
key items to look at an abbreviated process that we can handle these
items.
COMMISSIONER COLETTA: It should be handled at staff
level. I mean, if the pro forma's been such that over all these years we
approve every one of them, especially when there's no objections from
the neighbors and, you know, within certain bounds, I think we should
be able to turn it over. We've got to come up with a much more
effective way to run this government.
MR. CASALANGUIDA: Commissioner, all of these items,
you're going to see the County Attorney Office in coordination with
staff bringing you several different options on how to handle some of
these cases where, at a certain minimum criteria, they could be
handled by staff and put on consent so the board could see them so
you don't have to go through a long, expensive process.
COMMISSIONER COLETTA: Thank you.
MR. CASALANGUIDA: You're welcome.
CHAIRMAN COYLE: All right. Commissioner Halas?
COMMISSIONER HALAS: Yes. As I read the documentation
-- and correct me if I'm wrong -- but the first person that took on this
job went and pulled permits --
Page 117
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January 12,2010
MS. BISHOP: Yes, sir.
COMMISSIONER HALAS: -- over the counter?
MS. BISHOP: Yes, sir; yes, sir.
COMMISSIONER HALAS: Did the contractor at that point tell
the person that there was some issues that needed to be addressed
before he could continue on putting up the pool cage?
MS. BISHOP: I believe that he did mention that, but he said that
-- he wasn't local. He's from Merritt Island, Florida, and he wasn't
familiar with those processes and could not follow through with those
processes, so he suggested a local contractor, which is what the client
looked for was a local contractor who could go through these
processes and finish the job appropriately.
COMMISSIONER HALAS: But the problem is that -- the way I
would interpret this is that the person was very reputable, even though
he might have not been in this county, and he was upfront and forward
about this condition of the pool cage.
What year was the pool -- what year did the pool cage come
down?
MS. BISHOP: 2004, I believe.
COMMISSIONER HALAS: Was this Charley?
MS. BISHOP: This was Charley. 2004, is that Charley? I get
them confused. We've had too many here.
COMMISSIONER HALAS: No, no, no. Well--
COMMISSIONER FIALA: Wilma?
COMMISSIONER HALAS: If this was 2004, okay--
MS. BISHOP: Actually 2005 is when it came down.
COMMISSIONER HALAS: Okay, 2005.
CHAIRMAN COYLE: That would have been Wilma.
COMMISSIONER HALAS: Now -- so this person then went out
and said, I've got some problems here, so went out and got another
contractor, correct?
MS. BISHOP: The -- when the first contractor came in, which
Page 118
January 12,2010
by the way, he wasn't hired till, I want to say, early 2007. He
submitted a permit in 2007. As I said, the owners live in Germany, so
they're not here very often, and so they have a short window to pull --
to get professionals together.
When that contractor told them there were these issues, he was
not familiar with the processes he had to go through, so he canceled
the permit so she could find someone locally who could do that.
The second contractor she hired was licensed and bonded,
provided her with what she thought was the information, license and
bond, and was supposed to, according to the contract, go through and
get all the permits to build it like the first contractor was going to do.
COMMISSIONER HALAS: Can somebody from CDES tell me
if those permits were canceled or they just were never issued.
MS. BISHOP: Canceled. I have it.
COMMISSIONER HALAS: Yes.
MS. GUNDLACH: Good afternoon, Commissioners. I'm Nancy
Gundlach, principal planner on this petition for zoning and land
development review.
And I do have a document in my files that shows that the original
contractor who applied for the permit also canceled the permit.
COMMISSIONER HALAS: And when did he cancel the
permit?
MS. GUNDLACH: I can pull -- I'll pull that document.
COMMISSIONER HALAS: Okay. I'd appreciate that.
MS. GUNDLACH: Oh, it's right on that.
MS. BISHOP: July 12th, 2007.
MS. GUNDLACH: Karen says it's July 12,2007.
COMMISSIONER HALAS: And he applied for the permit
when?
MS. BISHOP: In March of2007.
COMMISSIONER HALAS: Okay. And when was the pool
constructed by the contractor who did not pull the permit?
Page 119
.. ..._+..-.... ~--"-,_.~,-~...,-,,-_... .~_,..__..._"_..o..,,._._,.....___~_..._.._..~.'.,"~,.~".<~,_.~~.-......._,~__..._~_ __~'_H___'~'_"',_"~_","_",",,"~_.__,,~__,~o>,,"_,,_,_,_,,
January 12,2010
MS. BISHOP: I don't remember that.
MS. GUNDLACH: I can look at the code enforcement case and
we can establish it was between those two time frames.
COMMISSIONER HALAS: Okay. I'd like to get that
information also.
MS. GUNDLACH: I have some dates here, and this is one of
our attachments to our executive summary. Shows that it began on
June 13th of2007, and all the way until November 9th of2007.
COMMISSIONER HALAS: Okay. That's when it was
completed, November of 2007?
MS. GUNDLACH: I don't have that information.
MS. BISHOP: I believe that's pretty close to what it is. I didn't
come into the project until after it was a code compliance issue, and it
was already up.
COMMISSIONER HALAS: Okay. What took place with the
contractor that did not pull the permits? Obviously there was a case on
that. And what's been the ramifications?
MS. GUNDLACH: The ram- -- okay. Contractor licensing did
an investigation, and the contractor who did the illegal work was
fined, had five citations, and it totaled $1,500.
COMMISSIONER HALAS: Okay. What my concern is with
some of these after-the-fact variances -- and I'm going to be very blunt
about it -- and that is, the majority of the people in this county try to
do the right thing.
I think that this person had opportunity to have staff come before
the Board of County Commissioners and say, we have an -- a problem
here where an individual wants to replace their pool cage, but they're
going to have to go through a variance, but they'd like to get their pool
cage constructed, okay.
I have no problems with someone that realizes they have a
concern and then gets our blessing to go ahead and continue while
they're going through the process.
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January 12,2010
What I have a problem with is the fact that people -- all right. I
think there's somewhat of a tendency for people to go ahead and do
something, and they feel that if they get caught, fine, I'll suffer the
consequence. If I don't get caught, then I'm better off, and yet we
have the majority ofthe people in this county who try to do the right
thing, and if they run into problems, they try to address them at that
point in time.
So I'm just telling you that these after-the-fact variances, I've got
a -- I have a problem with them because I think a lot of times -- in this
case it was the same thing. The person went ahead and put the pool
cage up, and the only reason they got caught was because somebody
filed a grievance on it.
And I think that -- I've got a problem whereby these are -- if I can
slide through without getting -- doing the right thing, then so be it,
until I get caught. So I've got a real problem with that, okay?
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Well, you know, it sounds like
in this case, the contractor pulled the permit, found out that he has to
do more and canceled it. I would assume he would have told the
owner, you know what, everything's fine, you know. I'm going to go
ahead and build it.
He wasn't able to go through the variance process. So the bottom
line, it ended up costing the owner more, not that we would like to see
that happen. But I think the owner's innocent in this issue. I think it
was more like a contractor issue, and that's probably why he got fined
$1,500; wouldn't you guess, Karen?
MS. BISHOP: Yes, sir. And we did go to staff several times
asking them -- since this thing had been up for as long as it was, is
there some other way around doing this? Because the owner clearly
wasn't aware when they bought the house that it was built in the
wrong place and certainly would have gone through the processes
appropriately had they been aware that this was not being done. It
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January 12,2010
was not in their -- to their best interest to have to do this because it
ended up costing them more money.
So I don't believe in this case that the owner was trying to get out
of doing what they -- needed to be done. They were just confused.
They hired the wrong person to begin with who didn't know the
processes, and the second person said they did know the processes but
then didn't do it.
COMMISSIONER HENNING: Didn't do it, right.
MS. BISHOP: So.
COMMISSIONER HENNING: And I don't want to go tit-for-tat
with another commissioner but, you know, the bottom line is, we're
here to serve the public. And it's very clear that the public is very
innocent in this. And we've done these in the past. So let's not make a
big issue out of it.
MS. BISHOP: Yes, sir.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Well, I was going to say about the
same thing. I'll just say I agree with Commissioner Henning. These
people don't even live here. They're certainly not -- they're certainly
not deceiving anybody. They're just trying to get the job done, and
they don't even live in this country, so they didn't even know who to
hire.
COMMISSIONER HENNING: Right.
COMMISSIONER FIALA: And you can't, you know -- I think
we should not cast stones.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Oh, I'm all done.
CHAIRMAN COYLE: You're all done, okay.
We have a motion on the table. All in favor, please signify by
saymg aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.®
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January 12,2010
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
COMMISSIONER HALAS: I am because of what I stated on
my -- as I was bringing forth on this, that the first contractor told them
that they had a problem, and I think that should have been the flag that
went up.
CHAIRMAN COYLE: Okay. Then the request for variance has
been approved.
MS. BISHOP: Thank you, sir.
COMMISSIONER COLETTA: Commissioner -- oh, we already
took care of that.
Item #10C
STATUS REPORT AND REQUEST FOR FURTHER DIRECTION
ON PROCEEDING WITH A COMPREHENSIVE EFFICIENCY
STUDY - MOTION TO APPROVE OPTION #3 W /STIPULA TION
TO WAIT FOR FISCAL YEAR 2011 BUDGET DISCUSSIONS
BEFORE PROCEEDING - APPROVED
MR. OCHS: Commissioners, that takes us to Item laC on your
agenda, which is a status report and request for further direction on
proceeding with a comprehensive efficiency study.
Ms. Kim Grant with the County Manager's Office will present.
MS. GRANT: Good afternoon, Kim Grant, County Manager's
Office, for the record.
Our goal this afternoon is just to obtain further direction from
you with regard to the efficiency study.
Very briefly. Back in September you directed staff to prepare an
RFP and go out to solicit providers for an efficiency study on a
contingency basis. That was done, and the result of that activity was
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January 12,2010
one proposal. That proposal was evaluated by the selection committee
and determined to meet the requirements. So today we come to you
for next steps.
We offered you three options in the executive summary. The
first two are to proceed to contract negotiations with the proposer. It's
important I mention though, that should you choose those two options,
that doesn't commit you to completing the study. It just moves us
forward to the next phase.
The third option we offered was to reject the proposal and for
staff to continue to do process improvement activities with existing
staff.
With that, I'll answer any questions and look for your guidance.
MR. OCHS: Commissioners, I might just -- Mr. Chairman, in
could -- also add a variation on option three. Instead of, you know, an
outright rejection, you also obviously have the option to -- of deferring
this engagement till some point at a future date, perhaps after you
receive the budget proposal from the staff or you finish this summer's
budget discussions and have a better idea of what your targets might
be at that point.
We can always resume this study and continue with process
improvement and efficiency efforts as we are already in the
organization. So that's just a variation on option three for your
consideration as well.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. You hit the nail
right on the head. laC with the variation to it, provided it's brought
back after the budget because right at this point in time your office is
doing a tremendous job of getting the low-hanging fruit. I've seen
some of the results of what you're doing and some of the way you're
going with it.
I would rather put this off to that point in time we get to the
budget, identify where we're going, also give you the opportunity to
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January 12,2010
take care of as much as you possibly can, then we could possibly look
at bringing in the professional after that.
MR. OCHS: Yes, sir.
COMMISSIONER HALAS: Make a motion?
COMMISSIONER COLETTA: Make a motion to do so.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Okay. We have a motion by
Commissioner Coletta to approve option three.
COMMISSIONER COLETTA: With the variation.
CHAIRMAN COYLE: With the variation to --
COMMISSIONER COLETTA: Wait until after the budget.
CHAIRMAN COYLE: -- wait till after the budget is completed
before we make a final decision concerning hiring any outside agency
to perform a review, and it's seconded by Commissioner Halas.
And Commissioner Halas, did you want to have -- participate in
the discussion, or are you finished?
COMMISSIONER HALAS: That's it, yeah.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Kim, isn't this what you do anyway?
MS. GRANT: Yes.
COMMISSIONER FIALA: Okay. So we already have you
onboard doing this. And our Productivity Committee could also be
studying some of the productivity, and that might help us as well.
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: Okay, thank you.
COMMISSIONER COLETTA: You mean the productivity and
budget committee?
COMMISSIONER FIALA: That's the one.
CHAIRMAN COYLE: Yeah, I would just --
COMMISSIONER FIALA: You were listening.
CHAIRMAN COYLE: -- like to remind the board that it was the
Productivity Committee that suggested we do this, look for an outside
Page 125
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January 12,2010
agency to do it, because they were under the impression that some
outside agencies might be able to do it quickly. That has not turned
out to be the case.
I am leery of these contracts which are paid out of potential
savings because I don't think you realize the savings you expect out of
that. But in any event, there's nothing that we have received through
our solicitation of bids that leads me to believe that we could get
results in time for our budget this year and maybe not results for our
budget next year.
And so I think that the board is absolutely correct in focusing on
the priorities that we have right now, which is to get a budget that
recognizes the reduction of revenues we anticipate for this next fiscal
year.
So all in favor of the motion, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
MR. OCHS: Thank you.
MS. GRANT: Thank you.
MR. OCHS: Commissioners, you have three minutes till your
time certain hearing.
CHAIRMAN COYLE: Okay.
MR. OCHS: It looks like we have most of the folks in the
audience.
CHAIRMAN COYLE: Well, I think what we should do is let
Commissioner Coletta talk for three minutes, and then maybe he'll be
quiet for the rest of the meeting.
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January 12,2010
COMMISSIONER COLETTA: I didn't turn on a light yet.
Thank you. I appreciate your consideration, I truly do.
MR. OCHS: Shall we move on?
CHAIRMAN COYLE: Do you have anything else to do before
two o'clock?
MR. OCHS: Well, Sue, do we have any public comments on
general topics?
MS. FILSON: No, sir.
MR. OCHS: Okay. Where's Mr. Thompson when we need him?
CHAIRMAN COYLE: Yes, we do. We can discuss our
upcoming GMP.
MR. OCHS: We're going to do that under staff and commission
communications, but we can take that piece right now, if you'd like.
CHAIRMAN COYLE: Why don't we do that right now?
MR. OCHS: Very good.
CHAIRMAN COYLE: One of the problems we are having, we
have added a lot of additional meetings this year because of the
Growth Management Plan submittals that we're involved in and, of
course, we have our budget hearings and our normally scheduled
commission meetings, and that has resulted in jamming a lot of
additional meetings in a relatively tight space, and it is almost
impossible to do that without finding conflict with some
commissioner's schedule that have already been set up and are
difficult to change.
At the upcoming meeting on Tuesday, both Commissioner
Henning and I have commitments that are long-standing that will
prohibit us from attending the evening meeting, evening portion of
that meeting.
So we're going to try to find a time when we can schedule that
evening portion of that GMP meeting so that all of us can be here for
the vote and for the presentations. So the staff is working on that now.
And would you like to add anything more to that, Mr. Ochs?
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January 12,2010
MR. OCHS: No, sir. I think Mr. Klatzkow wanted to just kind
of go through a few procedural issues related to that item, advertising
and et cetera.
MR. KLATZKOW: We'll clean that up later. I mean, for
transmittal we just need a majority, three, and two votes would do it.
If all five of you want to be there, that's fine. We'll have to fix the
advertising on the fly, depending upon--
CHAIRMAN COYLE: Well, the issue is that I think all five of
us want to be there. We don't want to leave it just for a vote of three,
because it puts the petitioner at substantial risk there.
MR. KLATZKOW: If you don't mind, if -- between now and the
end of the meeting staff can figure out a couple of dates, and later on
we could perhaps reschedule it, because we have it advertised. I'd like
to continue it to a date certain, and what we'll do is post somebody at
the door in case somebody shows up who happened to have missed it,
to let them know it's not going to happen.
CHAIRMAN COYLE: Is there any announcement we can make
at this point in time or before next week?
MR. KLATZKOW: Yeah, we'll make an announcement. But
what I'm getting at is, we either are going to have a time certain or not.
I don't -- staff is looking at it now.
CHAIRMAN COYLE: Okay.
MR. OCHS: Commissioners, did you want to postpone the entire
schedule or just the evening portion of that meeting on the 19th?
CHAIRMAN COYLE: I was talking about the evening portion,
but I see Commissioner Henning --
COMMISSIONER HENNING: I agree with that.
CHAIRMAN COYLE: Evening portion, yeah.
MR. OCHS: So we'll continue with the balance of that meeting
on the 19th.
CHAIRMAN COYLE: Yeah.
MR. OCHS: We just had two specific items scheduled for the
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January 12,2010
evenmg.
CHAIRMAN COYLE: Yeah, those -- yes. Those items were
scheduled for five o'clock or later.
MR. OCHS: So we'll look to reschedule those two.
CHAIRMAN COYLE: Yes. Now, so that everyone knows, I
also have a meeting conflict at -- in the middle part of that day, but
we've got an assistant chair, or a vice-chair, so that can be taken care
of very easily, and I'll be gone for a couple of hours, and then I'll
rejoin the meeting.
But in any event, you're going to work with us on our schedules
to try to find a time when all five of us can be available on an evening.
MR. OCHS: I'll work with Mr. Mitchell, and we'll find you a
time.
CHAIRMAN COYLE: Okay, good, good.
Yes, Commissioner Coletta, go ahead.
COMMISSIONER COLETTA: Yes, I'm concerned. I wished
that when the schedule was originally put up that we heard from
everyone that couldn't make it so we could have made an adjustment
then, but I realize things come up; however, with that said, too, I
mean, there's another option that's open to us. I'm not too excited
about it.
But my problem is, I know we're going to run into a problem
down the road when we start to try to crowd things together. We've
got a very ambitious schedule. We're going to start stepping on more
and more things down there, and we're going to run out of time.
We agreed with the petitioners that came before us that we would
get these cycles underway and we'd make them come together in a
timely fashion. We also have the option of going forward with the
meeting with three commissioners here; a majority would be two. So
you would still be able to get the thing underway and give it serious
consideration.
Mind you, this is only the transmittal. The big one comes when
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January 12,2010
it comes back to us. So I think we need to give real consideration with
the fact that we have many people that have already adjusted their
schedules to be here and made plans to do so, and we're a week away
from that day when they were planning to be here. And I'd like to
have that brought into the discussion when we see the dates that come
up.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Well, I was going to ask, when we
actually -- do we have to vote on it at that time, or do we vote on it the
next day or --
COMMISSIONER COLETTA: Wouldn't matter. They're not
going to be here for that either.
COMMISSIONER HENNING: Oh, I am.
COMMISSIONER COLETTA: Well, the problem, I guess, with
the next -- I'm sorry, speaking out of turn.
CHAIRMAN COYLE: Yeah, I will be available the next day.
COMMISSIONER COLETTA: The next day the problem would
be is the fact that somebody could use that against us with the fact,
they'll say, well, the commissioners that voted on it weren't here in
attendance to be able to listen to what took place, or isn't that a
problem? Because I would have no problem with holding it off to the
next day.
The big item with the evening meeting is to be able to get
testimony from the working people. And you could always review
that online afterwards.
COMMISSIONER FIALA: And all you need is two votes out of
three; is that --
MR. KLA TZKOW: Yeah, I think the best way to do it, either to
agree that only three of you will hear it, and you only need two votes
to transmit. And again, we'll be coming back for a full-blown hearing
after transmittal, or to agree that all five of you want to be here, in
which case, pick a different date. I don't like bifurcating where some
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January 12,2010
of you hear it one day and the rest of you hear it the next day.
COMMISSIONER COLETTA: Would Wednesday be a
complication if we came back in the morning and two other
commissioners were to sit in?
MR. KLATZKOW: No. You can pick any day you want.
COMMISSIONER COLETTA: Then let's do that. That makes
the most sense of all, to keep everything on schedule.
CHAIRMAN COYLE: The problem with that is that the reason
you wanted it in the evening was so that the people could be here after
work.
COMMISSIONER COLETTA: I'm sorry, sir. I didn't explain
myself. You would still hear it in the evening, but you would continue
the meeting to the following morning to make a final decision. The
vote would be taken the following morning on Wednesday. So at nine
o'clock we'd come in here, we have already heard everyone's
testimony, we might have some more questions, round it off, and then
we would take a vote to proceed with each of those two items.
CHAIRMAN COYLE: Whatever's legal.
MR. KLATZKOW: I don't -- I'm not following you now. You're
only going to have three commissioners during the evening.
COMMISSIONER COLETTA: Yes. You'd have three
commissioners in the evening to listen to the testimony.
MR. KLATZKOW: But you couldn't have two other
commissioners who weren't here vote on it. They didn't hear
anything.
COMMISSIONER COLETTA: Well, they -- that's what I asked
you a few minutes ago.
MR. KLATZKOW: Yeah -- no. And what I said was, either
three of you hear it, two to transmit, or put it over so all five of you
can hear it.
COMMISSIONER HALAS: I think that's the way it should be.
MR. KLATZKOW: It's one or the other.
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January 12,2010
COMMISSIONER COLETTA: I just -- well, let's just wait and
see what the dates are, because I've got a feeling we're going to upset
this apple cart all the way down the road with the date complications
that we already have, and there's been a tremendous expense that's
been out there and a lot of public efforts to be able to make sure
people are going to be here on Tuesday in the evening, and here we're
seven days away from it and we're talking about changing the
schedule.
MR. OCHS: Commissioner Coyle?
CHAIRMAN COYLE: Commissioner Henning? Just a minute.
Commissioner Henning has his light on.
COMMISSIONER HENNING: Mr. Klatzkow agreed with you
and said, you know, with the three of you sitting there, if you get a
majority of two, you could transmit it. Why not -- why won't you
accept that?
COMMISSIONER COLETTA: Well, I'm fine with that, but
there was some objections to the fact that the other commissioners
wanted to weigh in on the vote.
COMMISSIONER HENNING: I'm going to weigh in during the
adoption.
COMMISSIONER COLETTA: Okay, fine.
COMMISSIONER HENNING: I mean, I'm going to have a
say-so in the issue. If Commissioner Coyle's okay with that.
CHAIRMAN COYLE: Yeah, I'm fine with it. It's not a problem.
We get two bites at the apple, you know. We've got the material,
we'll read the material. It gets transmitted, and then when it comes
back, we review it for approval. So -- and implementation.
COMMISSIONER COLETTA: And I kind of wonder if this is
going to work. I'm looking at Donna Fiala, and her face is less than --
well, it is at the moment beaming, but you have serious considerations
over this, I can tell by looking at you.
COMMISSIONER FIALA: What are the two subjects we're
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January 12,2010
going to discuss that evening?
COMMISSIONER COLETTA: They both have to do with
Golden Gate Estates as far as community shopping centers.
CHAIRMAN COYLE: Two commercials.
COMMISSIONER COLETTA: One at Wilson and the other one
over on Randall, but it's a big, big issue for the people that live in that
area.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: That's why I believe that it should
-- that all of us should hear this, because I think it has an impact on a
huge amount of residents that live out there, and I think that we all
should hear this.
So why we even scheduled something where we sit here all day
long and then turn around and then go through this in the evening -- I
would think that if there's a couple of commissioners that have made
plans, whether it was before or after the fact, that we should try to see
if we can accommodate our schedules so that all of us are here to hear
all of the issues from all the citizens.
CHAIRMAN COYLE: Okay. You wanted to add something,
Leo?
MR. OCHS: Well, Commissioner, the only other consideration,
and it may be secondary to this board, but the actual applicants, you
know, have considerable investment in this, and typically when we
have less than a full board for these kind of public hearings and we let
those applicants know and sometimes give them the option of
deferring to another meeting where they have the full board. I don't
know, you know, without talking to them how comfortable they are to
having a hearing, you know, with just three and relying on a two-vote
majority to get transmitted. Again, that may be a secondary
consideration to this board. But traditionally we've at least consulted
with those folks and determined whether or not they wanted to move
ahead, because they do have quite an investment at this point in those
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January 12,2010
projects.
CHAIRMAN COYLE: Then -- well, you're absolutely right. It's
the petitioner who is possibly at risk here. No one else.
MR. OCHS: Correct.
CHAIRMAN COYLE: And if the petitioner wants to hear it
with three members of the commission available, fine. Let the
commission -- let the petitioner do that. If they would prefer to
postpone it a short period of time, then we can do that. I don't have a
problem meeting on Saturdays for that matter. I mean, we're trying to
accommodate people who have to work during the week. I don't mind
meeting on Saturday of that week if you want to do it.
So whatever the petitioner wants to do, the board can
accommodate.
MR. OCHS: Well, if that's the direction of the board, we can
offer the petitioner that option to continue to hear the item on the
evening of the 19th with three board members present and voting, or
we can, if they prefer, we'll look for an alternate date where all five of
the board members can be present to hear the item.
COMMISSIONER COLETTA: I have no problem with
Saturdays myself.
COMMISSIONER HENNING: And just one question on that.
They do it in the evening as scheduled with the understanding that the
majority of the board constitutes --
CHAIRMAN COYLE: Two.
COMMISSIONER HENNING: -- two voting to transmit.
MR. OCHS : Yes, sir.
COMMISSIONER HENNING: Okay. Let's do that.
CHAIRMAN COYLE: Give them the choice, right?
COMMISSIONER HENNING: Right.
COMMISSIONER FIALA: Can you check with them today
while we're in this meeting?
MR. OCHS: I'll ask Nick to see ifhe can reach the applicants
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January 12,2010
right now.
COMMISSIONER FIALA: Thank you.
CHAIRMAN COYLE: Okay, good.
Now we can go on to item--
MR. OCHS: Time certain, yes.
CHAIRMAN COYLE: Time certain.
Item #10D
PROVIDE AN UPDATE ON THE CONSERVATION COLLIER
PROGRAMS FERAL HOG MANAGEMENT ACTIVITIES AT
PEPPER RANCH PRESERVE AND RECOMMEND THE BOARD
DIRECT THE COUNTY MANAGER, OR HIS DESIGNEE, TO
CONTINUE WITH FERAL HOG MANAGEMENT AS
OUTLINED IN THE PEPPER RANCH PRESERVE INTERIM
MANAGEMENT PLAN - MOTION DIRECTING THE COUNTY
ATTORNEY AND COUNTY MANAGER TO MEET WITH
APPROPRIATE LOCAL REPRESENTATIVES TO DEVELOP
AND COORDINATE A PROGRAM THAT WOULD ALLOW
COLLIER COUNTY RESIDENTS TO HUNT AT THE PEPPER
RANCH PRESERVE AND TO TERMINATE THE CONTRACT
WITH THE USDA - APPROVED
MR. OCHS: Yes, sir, Mr. Chairman, and that time-certain item
is 1 aD. It is to provide an update on the Conservation Collier
program's feral hog management activities at Pepper Ranch Preserve
and recommend that the board direct the county manager or his
designee to continue with feral hog management as outlined in the
Pepper Ranch Preserve Interim Management Plan.
Ms. Melissa Hennig, principal environmental specialist with
Conservation Collier facilities management, will present.
MS. HENNIG: Thank you. Good afternoon, Commissioners.
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January 12,2010
There's no question that feral hogs exist at Pepper Ranch and that
hunting is one tool that we use to manage them. After several public
meetings, the Conservation Collier Lands Evaluation and
Management Subcommittee agreed that the most prudent course of
action to curb feral hog damage at the ranch until a long-term public
hunt program and a private hog-trapping program could be established
would be to enter into a one-year hog removal contract with the u.s.
Department of Agriculture.
This course of action was recommended by the full Conservation
Collier Committee and approved by the Board of County
Commissioners in the Pepper Ranch Interim Management Plan.
Staff has been coordinating with the Florida Fish and Wildlife
Conservation Commission to develop a public small game hunting
area at Pepper Ranch by the fall of this year that will allow licensed
hunters to take wild hogs and other small game.
Staff has also been coordinating with the FWC Youth Hunt
Program. And although originally it appeared that a youth hunt at the
ranch would not take place for some time, a hunt may now be possible
as soon as mid March. I will be meeting with the youth hunt
coordinator this Friday for a site visit.
FWC staff that we have been working with -- and they're present
in the room to answer any questions -- are not adverse to the county
continuing to trap hogs in concert with hunting; however, in light of
the pending youth hunt and the concern brought up over the USDA
contract, the trapping at Pepper Ranch has been put on hold awaiting
direction from the board.
It is important to note that typical feral hog management on
public lands in the State of Florida includes a combination of both
hunting and trapping. Because Pepper Ranch will be open for
multiple uses that provide various recreational opportunities, hunting
will need to be limited to specific seasons and dates in order to allow
for other recreational uses.
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January 12,2010
Additionally, because listed plant species exist on the ranch and
future plans include wetland mitigation, the impact of feral hogs to
plant communities and wetlands must be taken into account when
considering their management.
Yesterday the Conservation Collier Committee recommended 6-1
to continue the USDA contract after the youth hunt in order to curb
feral hog damage in the interim until staff can develop a long-term
hunt -- public hunt program and a private trapper program.
And we are now here to seek your direction on this
recommendation.
CHAIRMAN COYLE: Okay, thank you.
Commissioner Henning?
COMMISSIONER HENNING: Well, not to put any lipstick on
this issue. I'm just trying to root out -- around for, you know, really
the -- what the real issue is here. What is wrong with allowing
residents to go out there and hunt them now, I mean, if you've got
more than you can handle? Let's have a shoot-ern-up.
MS. HENNIG: That is basically a policy issue. We as a program
and as the county we saw that it would be best to work with FWC for
our first few hunts before we proceed with a private trap or a private
hunting program.
But actually, if you'd like, Bob Dorta is here. He's on our
committee, and he actually did submit a private hunt program, a plan.
The issue would be --
COMMISSIONER HENNING: Private hunt program on public
lands?
MS. HENNIG: Yeah. Well, because we're the county and not
FWC, the state, it would be like running our own hunt program, so we
would have to put the regulations in place in order to do that. The
question is, how quickly can we do that and how much staff resources
are you willing to put towards that end? Do we want to enter into a
foray of hunting before we have as much experience as we need?
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January 12,2010
What's the risk? These are all things we'd have to discuss.
And also, right now we have four staff members managing 18
preserves, so it's entirely up to the direction we receive on whether
you want to put staff time to develop a hunt program or wait until the
fall to have the hunt program, at what expense to other preserves.
That's the only issue.
COMMISSIONER HENNING: No. Let's do the hunting
tomorrow. The -- I guess there's some health concerns. Is that due to
eating pig medium rare?
MS. HENNIG: There are -- there's a --
COMMISSIONER HENNING: Yeah, see?
MS. HENNIG: Dr. Colfer's here from the health department, so
I'll let her address that issue.
COMMISSIONER HENNING: You don't eat pig medium rare.
That's simple. Don't eat it that way.
DR. COLFER: Madam--
COMMISSIONER HENNING: Unless they have lipstick.
DR. COLFER: You switched chairs. You switched chairs?
Good afternoon. Members of the board, I'm Dr. Joan Colfer. I'm
the director of the Collier County Health Department, and I'm really
here, I think, to support the staffs recommendation to do this in some
kind of a controlled fashion.
Feral hogs in Florida and in other parts of the country do carry a
disease called brucellosis. In 2008 there were ten reported cases in
Florida, but this is a very underreported disease, and it is directly
transmitted from hogs, as well as other animals, usually through cuts
on the hands that they may already have or cuts that the trappers and
hunters incur when they're dressing out the meat.
This is a pretty serious disease when people get it, and we have
had two cases here in Collier County. Again, this is underreported.
The incubation period is about two to ten weeks but can be up to six
months long, so it tends to be difficult to diagnosis in people. They
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may not even remember anything about the hogs but then show up in
an emergency room weeks or even months later.
The symptoms can be nonspecific, a lot like the flu without the
respiratory component. They have fever, chills, just feel bad, malaise,
sweating, muscle and joint pain, headache, loss of appetite, to the
extent the one case had a 30-pound weight loss, and fatigue.
The complications can be endocarditis. Rarely people do die.
But 20 to 60 percent of people end up with bone and joint
complications. It takes six weeks of antibiotics to treat this disease. I
think if you are going to do a hunting program, I think you need to do
this in a controlled fashion. I think you need some guidelines as far as
-- I read about the program -- I think Mr. Coletta had brought up
bringing a young person along with an older person to teach them
about hunting and how to dress out the animal. I think that needs to be
a legally responsible adult, not just some 18-year-old that they -- that
they know.
And they do need to wear groves. They need to wear eye
protection when they're dressing out these animals. I think if you're
going to do it on public lands, you need to make sure that that
happens. And they really need to take great care in what happens with
the carcass. I think the recommendation is that you bury and/or burn
the carcass, and also the same with the bloody clothing after they've
dressed out these animals.
There is a case where a gentleman got the disease himself, and
then his wife also got it, and the thought is that she probably got it
from washing the bloody -- washing and handling the bloody clothes.
Even the people that are preparing the meat -- this is how
contagious this is -- they need to wear gloves when they're handling
this meat.
You have to think about other things that people eat, like
hamburger that has E. Coli in it, we don't recommend that people have
to wear gloves when they're handling the hamburger, for heaven
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sakes.
So this is a product that I think we have to have some concern
over if we're going to -- if we're going to do a hunting program and let
kids handle this meat.
And I'll be happy to answer questions.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I wasn't going to direct too
many questions to you, but I'd be happy to.
There's always an inherent risk with just about anything that we
DR. COLFER: Sure, sure.
COMMISSIONER COLETTA: -- get involved with, especially
when it's an outdoor sport. And as you mentioned, too, I mean, even
eating domestic meat, such as beef, can have E. coli in it. There's all
sorts of pesticides that may have got into different farm animals along
the way. These are things that in nature happen as a regular event.
You can go into the woods and you can get tick fever. This is very
prevalent in a number of the states throughout the eastern part of the
county .
So there are inherent risks. And you're right, people have to be
aware of what these risks are. And I don't think that we would have
any problems, especially if the Fish and Wildlife, State Fish and
Wildlife is monitoring these hunts. So you have a person on the
premise that makes sure that everybody's signed in, they go to the
right locations, before they leave they have to sign back out again and
they make a report of everything that they've seen and any game that
they harvested.
There's strict rules as far as how the animal is handled, as far as
how it's gutted and what happens to the remains of it.
And it's one of those things that's the American tradition. But
like anything, you have to exercise due precautions.
I have total confidence in the Fish and Wildlife handling hunts
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like this. They've been doing it on a regular basis, and it's a great way
to introduce our youth to the tremendous American sport of hunting.
Now -- and I appreciate you bringing this issue up about the
possible dangers, and it's something we have to be aware of; however,
there are a number of people here to speak today, and I think we need
to give them a chance to speak, and then at that point in time, I'd like
to be able to make some comments and some suggestions at what we
could do from there, if the chair would so wish.
CHAIRMAN COYLE: The speaking will be fine, but I don't
know about your comments.
COMMISSIONER COLETTA: I'll take my chances.
CHAIRMAN COYLE: How many speakers do we have?
MS. FILSON: Eleven.
CHAIRMAN COYLE: Okay. Let's get them started.
MS. FILSON: Bob Dorta. He'll be followed by Phil Rosenbach.
MR. DORTA: Good afternoon, Commissioners. We met earlier
today.
I'm going to switch hats right now. I'm a member of the
Conservation Collier Committee, and I'm proud to serve on it. I,
indeed, did submit a hunt proposal.
There's a multitude of issues that I'd like to address, but I know
the limited time and I know we have other public speakers. I won't do
it.
The first thing I ask is to consider letting the county take control
of the hunting program, much like Manatee County did with Duette
Park. I think you can charge certain fees for it. I think we can derive
some benefit from it.
I was the lone dissenting vote on the plan, as Melissa spoke
about. I am against USDA trapping. I don't think it is the most
efficient tool. It is a tool, but I don't necessarily agree that it's the most
efficient, nor do I necessarily agree that the youth hunt is the most
efficient.
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I think Conservation Collier bought the land under conservation
premises. And I think if we're, indeed, going to do conservation and
land management and resource management, youth hunt -- and me,
I'm an avid outdoorsman, and it's hard for me to look at things, but I'm
learning. This land was not purchased for recreation. It was not
purchased with recreation dollars. It was purchased with conservation
dollars, and I respect that.
So what I would propose -- and in my plan it talks about allowing
the hunters, the people who bought the hand, the county taxpayers,
enjoy it, and submit -- and we can derive fees, much like Manatee
County did via the Duette Park program, and I think -- and Melissa, I
know she's done a lot of work on this -- we can start a hunt quickly
and with some manpower. And I know there are civic groups out
there that would help us with the manpower requirements.
And I encourage you to if -- you know, again, in the interest of
time, my plan I know is on the website. You're certainly welcome to
hack on it. It is just a draft. And I'm here just in support of
Conservation Collier. And if you have any questions with any of my
thoughts or ideas, I'd be happy to address them.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: This is directed to the county
attorney.
The plan that Bob basically laid out here, which is very brief,
what kind of liabilities do we put the county in, or do you have to have
enough time to figure out --
MR. KLATZKOW: I haven't really seen his plan, to be honest
with you. I mean, I've heard a lot of different ideas thrown around the
last few days, which is why I've always said, let's wait till we get
direction from the board before we start hunting.
COMMISSIONER HALAS: Okay. Thank you very much.
CHAIRMAN COYLE: Okay. Thank you, Bob.
Next speaker?
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MS. FILSON: Next speaker is Phil Rosenbach. He'll be followed
by Rick Varela.
MR. ROSENBACH: Good afternoon. My name's Phil
Rosenbach, and I am in support of a youth hunt. I've been a bow
hunter for almost 50 years. I was secretary/treasurer of the Illinois
Bow Hunters Society for 22 years, and I currently am a member of the
Florida Traditional Bow Hunters.
In the State of Illinois, we had some of the problems that was
brought up a minute ago about getting disease and so forth. We have
a lime disease problem in Illinois.
But to combat that, we taught all of the people that were doing
the hunting to wear gloves and do the things that were recommended
earlier, that when they brought an animal in, they would check the
animal out, make sure -- test it, make sure that there wasn't any
problem with it.
If this legislation is passed, with my expertise in hunting, I would
be more than glad to volunteer my services to participate with
organizing the hunt and instructing youth how to go about hunting for
these hogs, and I appreciate the time you've given me.
Thank you very much.
MS. FILSON: Rick Varela. He'll be followed by Brian
McMahon.
MR. VARELA: Good afternoon, Commissioners. Thank you for
allowing me the opportunity to speak. I'm just here to essentially voice
my support that the county allow a youth management program for the
taking of these hogs. I think it's a better use of public lands. After all,
public lands are for the public to use.
This will essentially open up an opportunity to the citizens of the
county and at the same time help the county containing some of the
costs.
And I also make myself available to help the youth hunters to go
out there; be more than happy to give any of my personal time to
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make sure this is a success. Thank you very much.
MS. FILSON: Brian McMahon. He'll be followed by Marco
Espinar.
MR. McMAHON: Good afternoon. My name's Brian
McMahon.
I read the article I guess in the Daily News about a week and a
half ago where they were just going to use the USDA to eradicate the
hogs or trap them. And I called Mr. Collins here from the FWC, and
in a very short period of time they've come up and tried to organize
this youth hunt.
I would certainly hope that we would do that. There probably
could be other opportunities down the road as far as with mobility
impaired and wounded warrior programs that I've heard about. But I
think we need to start somewhere until the management plan gets
developed.
The FWC is, you know, well-versed in operating these. They do
them in Hendry County at the Dinner Island Ranch and several other
places around. I would certainly hope that we would take the
Conservation Collier land and make the interim management plan
reflect what the Conservation Collier program is all about, which
included fishing and hunting.
Thank you very much.
MS. FILSON: Marco Espinar. He'll be followed by Jeremy
Butts.
MR. ESPINAR: Good afternoon, Commissioners. For the
record, Marco Espinar, Collier Environmental Consultants. I'm an
ex-board member of Conservation Collier, and I'm a local biologist.
When we bought Pepper Ranch, one of the uses for Pepper
Ranch was hunting, and that's what we sold it at. And as a board
member, I was very adamant that hunting was a main component of
this.
As a biologist, I recognize hogs are a serious ecological problem
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to our ecosystems. That is undeniable. What I do have an issue with
is starting with a trapping program without even knowing what the
population of hogs is out there. Are there hogs out there? Of course
there are.
You know, as -- there's been hogs in San Carlos Park. I mean,
they're -- they could be almost anywhere, but we don't know what the
numbers are. So to start a trapping program without knowing what the
population, or if it's an issue, is a little premature. I do recommend
that we start with a hunt, whether it's individuals or a youth hunt.
And you've got enormous amount of talented hunters and
experience out there in our community. I personally will also
volunteer, as numerous other individuals here have said that they will
volunteer to help people.
As far as brucellosis goes, I've been hunting for over 30 years.
My experience, I think there's been more salmonella incidences in our
local restaurants than there are with brucellosis, okay. And, I mean,
with proper butchering, I have -- case in point, especially with the
economy the way it is, I am a very avid hunter. I give away a lot of
meat to my neighbors, friends, family. In fact, every year I hold a
party in my ranch and I serve wild game meats, okay. We have never
had an instance of any problems.
With that, I'll open it to any questions. No?
MS. FILSON: Jeremy--
COMMISSIONER HENNING: No, no. I'll wait till after the
speakers.
CHAIRMAN COYLE: Okay.
MS. FILSON: Jeremy Butts. He'll be followed by Kirk Fernald.
MR. BUTTS: Hello. My name is Jeremy Butts. I'm the South
Florida District supervisor for USDA Wildlife Services. I'm basically
here to answer any questions that the county may have for us.
I will say that we do animal damage control for many other
counties, such as Palm Beach County, Lake County, Columbia
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County, many other state parks, WMAs, and federal lands, and we're
really here just to help the county in any way we can. Whatever, you
know, you decide, that is fine. We're just here to help the county with
whatever animal damage control issues you need.
We do do this quite often, and this is, you know, not a problem
whatsoever. If there's anything we can do, if a youth hunt would like
to be held, we have no problem, you know, holding off, just like we're
doing now, until the county decides how they want to settle this
matter.
CHAIRMAN COYLE: Thank you.
MR. BUTTS: Any questions?
COMMISSIONER HALAS: I have a question. If I could just
ask --
CHAIRMAN COYLE: Hold on just a second.
COMMISSIONER HALAS: I have a question for you.
MR. BUTTS: Yes, sir.
COMMISSIONER HALAS: I love wild hog, and I just wonder,
if we do institute something like this, and if somebody that basically
doesn't go out and hunt but yet would like to partake of the meat, is
there a possibility that some of this wild hog could either be a wild
hog roast, or could you give this to individuals so that -- and along
with cooking instructions so that they didn't endanger themselves or
their family?
MR. BUTTS: What we do is, we can donate the meat. There's
no federal provision that says we cannot. There's not a state provision.
We would donate it back to the county basically to do with as the
county sees -- you know, the county would have to, you know, do the
processing and handle all that. But if they designate a facility to us,
we have no problem in taking the meat to a place that the county has
designated and having it -- you know, and having it processed or
donated.
COMMISSIONER HALAS: Well, I don't want to -- I don't want
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to burden the county by saying they're going to recommend a
slaughterhouse. I think that should be up to the individual who shoots
the hog and the individual that wants the meat require -- meat so that
the person that ends up with the product ends up paying the cost of
getting it processed.
MR. BUTTS: Well, that will definitely -- I mean, we would only
be able to donate it back to the county. I can't just take it down the
street and just drop it off somewhere. I have to designate it
somewhere the county chooses of. And we do not clean the animals
ourselves.
COMMISSIONER HALAS: Well, no. But what I'm saying is
that whoever the hunter is -- and if -- let's say I ask you, hey, if you go
out and get a hog, I've got a deep freeze that I'd like to have the hog in
and you don't want the hog but you want to go out and hunt for the
hog and you shoot the hog, and you say, okay, where you want this
meat processed, then that's up to me to figure out where I want the
meat processed and pay the cost of that so I can put it in my deep
freeze.
MR. BUTTS: Right. That -- and that -- if the county wanted to
start a list of people for that, yes. I mean, we wouldn't run into these
people out there on the property generally anyways. But if the county
would want to start a list for that, like I say, we have no problem with
donating to whoever the county designates us to donate to.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. A little misinformation
we received earlier was that there were no options, that when you trap
the hogs, the hogs were killed and disposed in the landfill and there
was no other option. So I'm hearing now that that -- not that I'd go for
this option. I still like the idea of the youth hunts and everything else.
MR. BUTTS: Sure.
COMMISSIONER COLETTA: But you're saying that if you
trap the hogs, they're live when you trap them, they still remain live.
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If -- these hogs, if somebody wanted to -- if we said, okay, fine, these
hogs can be given to such and such, those people could take them and
put them into the food chain however they so determined rather than --
well, of course, not sell them, but it would be up to them, right?
MR. BUTTS: Yes. Being that -- as the county being the
cooperator, yes, we could give it back to the county to do with --
COMMISSIONER COLETTA: So that was some
misinformation that we had.
MR. BUTTS: Generally we do recommend against it just
because of, you know, the liability issues with the diseases and things
of that nature, but we can do it. We can give it back to the county.
COMMISSIONER COLETTA: Now, a couple of quick
questions, in may, sir. Your knowledge of this situation is very
valuable, and we do value it and would like to be able to see if all the
options we can ever look at is going to be as complete as possible.
MR. BUTTS: Sure.
COMMISSIONER COLETTA: Especially to protect the
resources such as we're talking about. Is -- would you charge a fee to
be able to off -- to be -- as a consultant to be able to see how we're
doing, maybe to evaluate what was taking place, or is this something
you could do as a matter of course as your job description?
MR. BUTTS: To evaluate what aspects?
COMMISSIONER COLETTA: In other words, if we put
together a youth hunt to be followed by maybe a general hunt and
maybe even allowing private individuals that have the right equipment
to trap hogs. And I know they do it on other properties. They take
those hogs back; usually they have a farm someplace and they'll fatten
them up and then use them for their own personal use or give them
away. Would you -- might be -- you might be a consultant in this type
of an endeavor?
MR. BUTTS: Possibly. This would be something new that we
haven't done before, to be honest with you, that we haven't entered
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into --
COMMISSIONER COLETTA: Well--
MR. BUTTS: -- that kind of, you know, situation.
COMMISSIONER COLETTA: Yeah, and I respect what you
do. And what I'm trying to do is trying to maximize the resource out
there to the people that actually own the land. I think you heard many
people say, public lands owned by the public out there. So I
appreciate your time here today. Thank you.
MR. BUTTS: Yes, sir. No problem.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN COYLE: Commissioner Henning and
Commissioner Halas, did you want to speak now or you want to wait
until after all the speakers?
COMMISSIONER HENNING: I'll wait till after the speakers.
CHAIRMAN COYLE: Okay.
MS. FILSON: The next speaker is Kirk Fernald. He'll be
followed by Mike Sorrell.
MR. FERNALD: Hi. I'm Kirk Fernald. I'm definitely for the
youth hunting. There's plenty of different things that can be used out
there.
I'm a member, life member ofNRA. I'm a firearms instructor.
I'm also disabled. So this is something to where I can go out and
spend time and teach the youth, you know, show them proper ways to
clean, wearing gloves and such.
It's kind of like fishing. You get mercury poison from eating the
fish out of our canals. So what's the difference on -- you know, either
way you're taking a risk. It's all in learning how to do it properly, and
I'm more than happy to step up and take my time and stand out there
and help people.
CHAIRMAN COYLE: Thank you.
MS. FILSON: Mike Sorrell. He'll be followed by -- Dr. Colfer,
do you wish to speak again?
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COMMISSIONER KOLFLAT: No.
MS. FILSON: Okay. He'll be followed by Wayne Jenkins.
MR. SORRELL: Good afternoon, Commissioners. I'd like to
apologize for my appearance. I just left work to make it to the
meeting today.
There was a couple things brought up, one, about the disease.
Two weeks ago there was an article in the Fort Myers News-Press. It
was Frank Mann, our senator, used-to-be senator, was talking about
the hog situation, and there they quoted that there'd been four cases of
brucellosis in the State of Florida that was attributed to actual feral
hogs; not what we'd heard before.
I've been hunting since I was five or six years old. I prefer to
harvest a wild animal as to go to the store and pay to have something
that's been eradiated. I'm not worried about brucellosis. I do take
precautions.
Game and Fish has huge posters that they post at all their hunting
areas. When you check in it tells you what to do, what not to do. In
some situations with deer, you can donate part of the spinal cord to
check for conic waste, and so that's an issue that's already been
addressed.
I have two daughters of my own, one's 13, one's 11. My
13-year-old took her first hog at Dinner Island Ranch in Hendry
County on the first youth hunt. I have yet since then not been able to
draw it, so I'm definitely interested in being able to, in my own
county, go out and take my other, now, who is 11, who's old enough to
hunt, and show her the ways of the woods.
And you guys have it in your capability today to see that that
comes about. And I'd like to thank you for your time.
MS. FILSON: Wayne Jenkins. He'll be followed by Wes Seitz
and Chuck -- I can't read Chuck's last name.
MR. JENKINS: Mr. Collins. Good afternoon. My name is
Wayne Jenkins. I think most of you know me. You gave me the
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privilege of serving on the Conservation Collier Advisory Committee
for six years. And I can tell you, I thoroughly enjoyed serving, and I
guess probably the highlights of the properties we looked at is when
Pepper Ranch became available.
I'm also president of the Collier Sportsmen and Conservation
Club. We're a local hunting organization. And as Marco's mentioned
earlier, we served on the committee together. We're both hunters, and
we were very enthused about the idea of finally getting a piece of
property big enough that we could allow hunting on.
I would like to tell you that I am -- my organization is affiliated
with the Everglades Coordinating Council, and we have affiliates over
in the Palm Beach area that have been conducting these youth hunts,
and we will be very happy to assist with this also, along with all the
other volunteers here that are willing to. You have a ready resource of
people that want to help.
One other thing I'd like to kind of remind you of that I don't
know if you've thought about. Since the Pepper Ranch has been
acquired -- there used to be active ranching on it, there was cattle,
there were people out there, there was hunting. All that has ceased,
and with that happening, your hog population has moved in.
Now, when you start having some activities out there, stirring up
people -- or on the property a little bit, you're going to kind of bring
back the wildness in these hogs, and they're going to move back.
So you have a hog problem. But by having presence of people
there, it's going to help you some in getting rid of the amount. You
may not have to get rid of 200 hogs at one time if you kill off a dozen
or so and the rest of them are kind of spooked and move around.
They're not going to be there, laying there every day waiting to get up
in the morning and start rooting it again. So that's just one observation
I'd like to make to you.
And in closing, I'd just like to say that the next two gentlemen
coming up are from the FWC, and they have quite a bit of knowledge
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of, and they have participated in youth hunts, so I would just refer to --
I hope you will pick their brains on it before they get away from us
today. Thank you.
CHAIRMAN COYLE: Thank you.
MS. FILSON: Wes Seitz and Chuck. You're both on here
together.
MR. COLLINS: Thank you, Mr. Chairman, Commissioners.
My name's Chuck Collins. I'm the regional director for the Fish and
Wildlife Conservation Commission here in South Florida. And I want
to thank you for inviting us here to answer any questions.
This -- we look at this as a win-win-win-win type opportunity
both for the environment, for the county, for the FWC, and for the
people of Collier County. We're here to answer questions, and like
any good bureaucrat, I've brought Wes Seitz, who's my hunting and
game management person who is really the expert at this. My job is
just to be here and say thanks.
MR. SEITZ: Commissioners, thank you for having us here
today. I'm Wes Seitz, public hunt area (sic) as coordinator for the
south region. And I'm really here today to -- I can give you a little bit
of an overview of the youth hunting program. It's a newer program
that has been started in the last few years.
I'm not actually the person that runs this program. I primarily
deal with public hunt lands. This is a program that's spearheaded by
Gene Newman, who will be coming to meet with Conservation Collier
employees later on this week, and so he's kind of the person that
knows all the nitty-gritty, but I can give you a little bit of an overview
of that.
It's not -- this is going to be something that happen on this area
that would be a private hunt that's basically -- it's not us opening this
hunt up to the public. It's your choice who gets to hunt, how it occurs,
what volunteers get to participate, how it operates, when it operates.
It's entirely up to you, and Gene Newman will be happy to work with
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you in any way that he can.
But we do have some -- you know, it is a youth program. You
have to be 12 to 17 to participate. All participants are required to have
gone through hunter's safety, no matter what their age. And there are
a few other programmatic things that we have in place to kind of make
sure that it works smoothly.
That being said, any question you have about what you want to
do with this area, we're happy to assist in any way that we can.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Sir? Yeah. Appreciate you
being here today.
This youth hunt that we're talking about -- and we've had one
gentleman come up and was talking about the county handling this
himself. I'm a little bit leery about that because our expertise doesn't
go far enough to be able to put the final parts together, and there's also
rules and regulations that have to be followed. The state will always
trump us when it comes to any kind of rules that are made for this.
Do you charge a fee for this?
MR. SEITZ: No, sir, we do not. We do have -- there is a deposit
that we do require from all applicants.
COMMISSIONER COLETTA: That's the $50?
MR. SEITZ: And that's to get them -- that the people that sign up
for the program, or -- whether it's a random draw or it's picked and
choose (sic) who gets to participate, we do require that deposit to
ensure that people show up. Once they show up, it's reimbursed to
them.
COMMISSIONER COLETTA: Oh, I see. So in other words,
you don't have people just reserving X number of spots, never
showing up, and then it ruins it for anyone else?
MR. SEITZ: Correct. We have the deposit in place to ensure
participation. We want the volunteers' time to be appreciated, and we
don't want the efforts to go to waste. We want to make sure that
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January 12,2010
everyone that signs up for it does show up and participate.
COMMISSIONER COLETTA: Well, it sounds like you're not
going to be at a loss for volunteers from what I've seen in this room
today.
MR. SEITZ: Certainly.
COMMISSIONER COLETTA: And some very qualified
people, too.
MR. SEITZ: And as Wayne Jenkins mentioned, this is a
program that we've worked with other stakeholder groups in Palm
Beach County and Hendry County on. Works very well. And it is
volunteer driven. We handle lodging, some of the food. Some of the
food is donated by volunteers as well, but we handle a lot of the nuts
and bolts of it; but the people, it's all volunteer.
And the land is all volunteered. So whether it's county, an
agency like -- such as yourself or a private landowner, we can conduct
these youth hunts pretty much anywhere.
COMMISSIONER COLETTA: Right.
MR. SEITZ: Anywhere that they will have us.
COMMISSIONER COLETTA: And, you know the structure,
and I assume that what you do is you have someone, either yourself or
someone else, on site during the days the hunting takes place?
MR. SEITZ: Correct.
COMMISSIONER COLETTA: And the people are assigned
different places to go. They have to check back out through the
station. Anything that they've seen or whatever they have to report.
Anything they killed has to be documented.
MR. SEITZ: Correct. It's not -- it's not just a hunt. We view it
as an opportunity to educate the youth, show them the hunting
heritage here in Florida, show them how to hunt properly, how to hunt
ethically, how to process animals, show them what to look for, and
appreciate wildlife. And there are hunter masters, and we do -- you
know, we do use the resources of volunteers and experts like Wayne
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January 12,2010
Jenkins and other sportsmen that are available as well.
COMMISSIONER COLETTA: And some residents out there
that were less familiar with the hunting culture have expressed
concern over the safety of the children that would be involved in this.
I mean, there isn't -- I don't ever recall any kind of youth hunts having
any disastrous results. I mean, it's extremely rare under the kind of
supervision it has.
MR. SEITZ: This is, in fact, is even more controlled than some
of the youth hunts and family hunts that we have on our wildlife
management areas.
As you mayor may not know, youth under the age of 16 are not
required to have undergone safety. They do have to hunt with
someone that is experienced. When they reach the age of 16, they do
have to go through hunter's safety. This program requires all
participants, no matter what their age, to have taken the hunter's safety
course.
So not only are there experienced individuals on hand to show
them the ropes, but the children will have already gone through a
hunter's safety program and know, you know, kind of the rules of
hunting ethically.
COMMISSIONER COLETTA: Thank you very much.
MR. SEITZ: Thank you.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: You know, I guess maybe the
first hunt could be a youth, but I don't want to limit it to youth. We all
said that these lands, and particularly this land, will be available to
hunters. We have a problem with hogs. Why not let the taxpayers go
out there and shoot them up, you know, and bring something back,
you know, on how to make that happen.
But I also want the taxpayers of Collier County to get an
opportunity, not just -- not just the youth in the area. After all, it is
their money -- it is their land, right?
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January 12,2010
CHAIRMAN COYLE: It is.
Commissioner Halas, did you --
COMMISSIONER HALAS: I'm all done.
CHAIRMAN COYLE: You're all finished, huh?
COMMISSIONER COLETTA: Did we hear from all the
speakers?
CHAIRMAN COYLE: Yes, we've heard from all the speakers.
COMMISSIONER COLETTA: Okay, in may.
CHAIRMAN COYLE: Not yet, not yet. My light's on now.
COMMISSIONER COLETTA: I don't see it.
CHAIRMAN COYLE: That's because there is no light for me.
My light comes on anytime I say it comes on.
MR. SEITZ: Commissioners, if I may, I did want to mention that
we are working with Conservation Collier too, not -- this is something
that we want to -- that we can do right away. This program can be put
in place because it doesn't require due process, it doesn't require
having public hearings or any of that.
But we are working with Conservation Collier and the county to
develop -- open this up as a public hunting area and an opportunity.
One of the things we can do to start out is open it as a public
small-game hunting area. That's something that doesn't -- is not
required to go through our rule-making process, something that can be
done very quickly, and something, in talking with Conservation
Collier employees, is kind of a proposed start date of this fall when the
normal small-game hunting -- statewide small-game hunting season
would begin, and that would provide the opportunity for all of the
people in Collier County to participate.
CHAIRMAN COYLE: Okay. I don't hear any objection from
anybody about having a youth hunting program for this land. So I
would suggest we quit talking about it and just give direction to the
county attorney. The only issue is to work out an acceptable legal
agreement here so that the county doesn't create any unacceptable
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January 12,2010
liability associated with this.
So why don't we just direct the county attorney to get with the
representative of the Fish and Wildlife Service and others as
necessary, develop the appropriate agreement, and let's do it. Does
anybody object to that?
COMMISSIONER COLETTA: No, not at all.
COMMISSIONER FIALA: Nope.
COMMISSIONER COLETTA: But I've got a comment.
CHAIRMAN COYLE: Good. You always have comments.
COMMISSIONER COLETTA: When you're through. Hurry up.
CHAIRMAN COYLE: That's my motion, is to, let's get it done.
Let's put the county attorney on it and make sure that we have a clear
understanding of what the responsibilities and liabilities are, and let's
do it.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: Thank you. I appreciate that.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: Also, too, let's talk about this
just for a minute. Who's the people that purchased this land? It was
the residents of Collier County.
I'd like to see due consideration given to limit it to the residents
of Collier County. They're the ones that paid for it. Also, too, you
know, the youth hunt would be just a start, but I think we also have to
give directions so there's no misunderstanding that at this point in time
we do not want the USDA trapping the animals, that that's something
that will be considered at a later date. It can't be controlled through
normal hunting. I don't know if that was explicit in the direction.
CHAIRMAN COYLE: Well, yeah, yeah. As far as I'm
concerned, we've decided that we're going to have hunts to control the
population rather than trapping.
COMMISSIONER COLETTA: That's correct, but I just wanted
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January 12,2010
to make sure we got that.
CHAIRMAN COYLE: Yeah, okay. All right.
COMMISSIONER HENNING: Just a question.
CHAIRMAN COYLE: Yes, Commissioner Henning.
COMMISSIONER HENNING: Is there going to be a
subsequent motion for direction such as you've heard on the dais of
letting the Collier County citizens go in there and hunt?
CHAIRMAN COYLE: Yeah, absolutely, absolutely.
COMMISSIONER HENNING: Okay. I'm ready to vote.
CHAIRMAN COYLE: Okay. And just to summarize, we're
directing the county attorney and the county manager to negotiate with
the appropriate representatives to establish a youth hunt that will
permit only Collier County residents to hunt in the area. Was there
any other stipulation that we wanted to have? Okay. And the second
was Commissioner Halas.
All in favor of the motion, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
And yes, Jeff.
MR. KLATZKOW: Just to clean up the matter, because we are
under contract with the USDA, and I've got to give them 30 days'
notice to terminate. Is it the will of the board to terminate this
agreement?
COMMISSIONER HALAS: Yes.
COMMISSIONER COLETTA: Absolutely.
MR. KLATZKOW: Then we will send out the notice.
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January 12,2010
CHAIRMAN COYLE: Yes, thank you.
Commissioner Henning, go ahead.
COMMISSIONER HENNING: I'd also like to direct staff to
develop a general hunt for the Collier County citizens to go on the
Pepper Ranch to make an animal control -- our animal -- different
animal control department.
CHAIRMAN COYLE: Different animal?
COMMISSIONER HENNING: Yes. And let's figure out how
we can develop marketing that -- not marketing it, but letting the
public be aware of it, so --
COMMISSIONER FIALA: Was that a motion?
COMMISSIONER HENNING: It's direction.
COMMISSIONER COLETTA: I think that -- go ahead. I think
you -- we can explain it's already underway.
MS. HENNIG: Weare developing a public hunt program, but it
won't be in place with -- under FWC until the fall. The other option
would be to have county staff develop a program only for the county,
not working with FWC.
COMMISSIONER HENNING: And only for the county?
MS. HENNIG: I mean -- yeah, a county hunt program. Collier
County hunt program as opposed to working with FWC and using
their expertise to run a hunt program.
COMMISSIONER HENNING: Okay. Well, can they do it for
the Collier County citizens or just the general public?
COMMISSIONER COLETTA: He stated he could do it for
whatever we wanted.
MR. SEITZ: If we were to work with you to open up a public
small-game hunting area, it would be for the public, not just for
Collier County citizens. But perhaps what -- and what I've talked with
them in the past is that I understand there is a desire to -- perhaps this
would be something that Collier County would take ownership of.
But staff that I've talked to felt uncomfortable -- weren't sure how to
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January 12,2010
put that into place. We could always enter into an agreement that we
get the ball rolling. It would be a five-year agreement. After that's
over, or however long -- and after that's over, we'd kind of basically
give you all the tools you need to go start running your own hunt and
running the property any way that you see fit with your own staff,
your own rules and regulations, outside of, you know, state regs. or
rules specific to wildlife management hearings.
COMMISSIONER HENNING: Well, I think it's underway. My
concern is relief. The only concern I have is, how do we give back to
the taxpayers that are paying for this property? And years is a little bit
too long.
County Manager, I'd like to see something real short. Maybe -- I
mean, there's plenty of organizations out there that can take this and
run with it. Staff doesn't necessarily have to do it.
MR. OCHS: We'll get with those groups, sir, and see if we can
put something back together more quickly and get it back to the board.
COMMISSIONER HENNING: Thank you.
CHAIRMAN COYLE: Is there any possibility of establishing a
resident priority with respect to a hunt?
MR. OCHS: I think that's the direction I'm hearing.
COMMISSIONER HENNING: That's what the -- it's a question.
MR. SEITZ: No. We--
CHAIRMAN COYLE: Can't do that.
MR. SEITZ: We would not be able to do that.
CHAIRMAN COYLE: All right, thank you.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. Maybe I missed something
here. Aren't people just allowed to go out there and hunt right now?
COMMISSIONER HENNING: No.
COMMISSIONER FIALA: They have to have permission in
order to do that?
CHAIRMAN COYLE: Yeah.
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January 12,2010
Okay. Now, Commissioner Henning had made a supplementary
request to provide additional guidance to the staff.
COMMISSIONER HENNING: And the county manager already
stated that they were going to get on it.
CHAIRMAN COYLE: So it's underway.
MR. OCHS: Yes, sir. Well, it's not underway, but it will be.
What I'm -- just for a point of clarification, what I'm hearing is that the
board would like us to work with some of the local organizations to
just develop a hunting program separate and distinct from the FWC
program that might be allowed to give some preference to county
residents which the FWC program isn't able to do right now.
CHAIRMAN COYLE: Okay, I would agree with that. Do I
have three nods? Okay. All right. Let's do it.
Good. Now we're going to take a break. We're 10 minutes
overdue. So we'll take a ten-minute break. We'll be back here at 3:05.
COMMISSIONER HENNING: We're just about done, right?
CHAIRMAN COYLE: Yeah.
(A brief recess was had.)
CHAIRMAN COYLE: Okay. We're ready for public
comments, aren't we; is that right, County Manager?
MR. OCHS: Yes, sir. I don't believe we had any public
comments on general topics.
We're down to Item 15, sir, staff-
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
CHAIRMAN COYLE: Okay, staff and general communications.
MR. OCHS : Yes, sir.
CHAIRMAN COYLE: Do you have anything for us?
MR. OCHS: I just talked to Nick. We don't have any response
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January 12,2010
back from those two applicants that were scheduled to have their
amendments heard on the 19th.
CHAIRMAN COYLE: Okay.
MR. OCHS: So I guess the board's got two choices. They can
go ahead and continue to have that meeting on the 19th, or you can
wait for Ian and I to try to get ahold of these two applicants and see if
we can work out a -- at least find out if they're willing to do that or
find another date. I'd prefer to do that, sir.
CHAIRMAN COYLE: I'd leave it up to Commissioner Coletta
to make that call.
COMMISSIONER COLETTA: I'd say leave it up to the
applicants. If they want to go forward with the three commissioners
here --
MR. OCHS: Okay.
COMMISSIONER COLETTA: -- then let's do it; if they want a
different date, then we'll do that. But there's conflicts all the way down
the road. You couldn't find any available dates when you looked,
right?
MR. OCHS: That's correct, but I'll continue to work with Ian
depending on what the applicants tell us. If they tell us they're good
with the 19th, we'll just plod ahead.
CHAIRMAN COYLE: Don't forget Saturdays.
COMMISSIONER COLETTA: Yeah. Once again, don't forget
Commissioner Coyle's Saturdays.
MR. OCHS: Well, the county attorney tells us we actually have
a resolution that prohibits that.
MR. KLATZKOW: More than that, the statute requires
transmittals be conducted on a weekday.
CHAIRMAN COYLE: Really?
COMMISSIONER COLETTA: Could we rename Saturday to
some other day?
MR. KLATZKOW: You can but Tallahassee may disagree.
Page 162
January 12,2010
MR. OCHS: Well, let's see. And then just a reminder that we
have the EDC/BC workshop tomorrow.
CHAIRMAN COYLE: Wednesday.
MR.OCHS: At one p.m. And that's all. I owe you -- a report
back to Commissioner Fiala on this Marco taxiway funding.
COMMISSIONER FIALA: Thank you.
MR. OCHS: I'll get that to you and copy the rest of the board
before the week's out.
CHAIRMAN COYLE: Okay. County Attorney?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Great job. Glad to have you on as
our chairman.
CHAIRMAN COYLE: It will take a couple days to get back in
the swing of things.
COMMISSIONER FIALA: You did fine.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Congratulations, or condolences,
I'm not sure which one.
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: But Commissioner Fiala did an
outstanding job.
CHAIRMAN COYLE: She did.
COMMISSIONER HALAS: I'm looking forward to working
with you this year. And I know we've got a lot on our plate this year,
and I'm glad that you're going to be our leader this year and help us
get through this mess.
CHAIRMAN COYLE: Thank you very much.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I can't say enough nice
things about you, so I won't even try.
CHAIRMAN COYLE: That's right.
Page 163
January 12,2010
Okay. Commissioner Henning?
COMMISSIONER HENNING: We don't want to talk about
global cooling?
CHAIRMAN COYLE: We can if you'd like.
COMMISSIONER HENNING: No, that's all right.
CHAIRMAN COYLE: Nothing.
Okay, there's nothing for me, ladies and gentlemen.
COMMISSIONER COLETTA: Motion to adjourn.
CHAIRMAN COYLE: Motion to adjourn. And a second?
COMMISSIONER HALAS: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: There's no one opposed.
****Commissioner Henning moved, seconded by Commissioner
Coletta and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR THE GALLERIA OF TRADE CENTER- W/RELEASE OF
ANY UTILITIES PERFORMANCE SECURITY (UPS)
Item #16A2
Page 164
January 12,2010
PROPOSED SETTLEMENT PROVIDING FOR COMPROMISE
AND RELEASE OF LIEN IN THE CODE ENFORCEMENT
ACTION ENTITLED GRISEL DIAZ, CASE NO. 2007040121
RELATING TO PROPERTY LOCATED AT 1119 MADISON
A VENUE WEST, IMMOKALEE, FLORIDA. (REVENUE
RECEIVED $23,378.14) - BROUGHT INTO COMPLIANCE BY
NATIONS TAR MORTGAGE, LLC BY REMOVING ALL
UNPERMITTED IMPROVEMENTS AND RESTORING THE
BUILDING TO ITS ORIGINAL STATE
Item # 16A3
TWO SATISFACTIONS OF LIEN, RELATED TO IMPACT FEES,
FOR TWO MUL TI-F AMIL Y BUILDINGS AT HERITAGE BAY,
DUE TO THE DEFERRED IMPACT FEES BEING REPAID IN
FULL OR REPLACED BY INDIVIDUAL DEFERRALS
RELATED TO SPECIFIED UNITS AND QUALIFIED PROGRAM
P ARTICIP ANTS, IN ACCORDANCE WITH THE AFFORDABLE
HOUSING IMPACT FEE DEFERRAL PROGRAM, AS SET
FORTH BY SECTION 74-401 OF THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES - FOR CONDOMINIUM
PROPERTIES OWNED BY LENNAR HOMES, LLC AND
LOCATED AT 9047 (UNITS #1601, #1608 AND #1609) AND 9063
GERVAIS CIRCLE
Item #16A4
AWARD BID #10-5361, DEMOLITION OF COMMERCIAL
RESIDENTIAL AND COMMERCIAL STRUCTURES TO
SOUTHWEST BUILDERS, INC. AND GRUELLE
CONSTRUCTION, INC. - TO DEMOLISH NON-COMPLAINT
STRUCTURES WHEN PROPERTY OWNERS FAIL TO COMPLY
Page 165
January 12,2010
WITH NUISANCE ABATEMENT; CODE ENFORCEMENT
ANTICIPATES TWENTY-FIVE DEMOLITIONS AVERAGING
$4.380 PER STRUCTURE OVER THE CURRENT FISCAL YEAR
Item # l6A5
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR TAMIAMI SQUARE - W/RELEASE OF ANY
UTILITIES PERFORMANCE SECURITY (UPS)
Item #16A6
COUNTY MANAGER OR HIS DESIGNEE TO AMEND THE
CONSOLIDATED CODE ENFORCEMENT ORDINANCE
(NUMBER 2007-44), REFLECTED ON A PROPOSED AMENDED
ORDINANCE IN ORDER TO CLARIFY PROVISIONS
RELATING TO THE HEARING AND PROCESSING OF
CITATIONS BEFORE THE SPECIAL MAGISTRATE, TO
ADVERTISE AND BRING BACK AN AMENDED ORDINANCE
- AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16B1
PURCHASE OF A PERPETUAL, NON-EXCLUSIVE, ROAD
RIGHT -OF - WAY, DRAINAGE AND UTILITY EASEMENT
(PARCEL NO. 337RDUE) CONTAINING 3,600 SQUARE FEET,
REQUIRED FOR THE FOUR-LANING OF GOLDEN GATE
BOULEVARD BETWEEN WILSON AND DESOTO
BOULEVARDS. PROJECT NO. 60040 (FISCAL IMPACT:
$2.330.00) - LOCATED IN GOLDEN GATE ESTATES, UNIT 76
Item #16B2
Page 166
January 12,2010
PURCHASE OF 5 ACRES OF UNIMPROVED PROPERTY
WHICH IS REQUIRED FOR THE CONSTRUCTION OF A
STORMW A TER RETENTION AND TREATMENT POND FOR
PHASE I OF THE VANDERBILT BEACH ROAD EXTENSION
PROJECT NO. 60168 (FISCAL IMPACT: $181,400.00) - FOR
PROPERTY LOCATED ON 23RD STREET NW; UNIT 7, TRACT
15, GOLDEN GATE ESTATES
Item #16B3
PURCHASE TWO TEMPORARY CONSTRUCTION AND
ACCESS EASEMENTS (PARCEL NOS. 138TCAE1 AND
138TCAE2) AND A DRAINAGE, ACCESS AND
MAINTENANCE EASEMENT (PARCEL NO. 138DAME)
REQUIRED FOR CONSTRUCTION OF STORMW A TER
IMPROVEMENTS KNOWN AS THE LEL Y MAIN CANAL
EAST -WEST PHASE OF THE LEL Y AREA STORMW A TER
IMPROVEMENT PROJECT (LASIP) NO. 51101 ESTIMATED
FISCAL IMPACT: $190,356.50 - FOR INSTALLATION OF AN
INLET AND PIPE ON TWO VACANT LAND TRACTS
LOCATED OFF RATTLESNAKE HAMMOCK ROAD AND
ADJACENT TO THE HIBISCUS GOLF COURSE
Item # 16B4
PURCHASE TWO TEMPORARY CONSTRUCTION
EASEMENTS (PARCEL NOS. 139TCE 1 AND 139TCE2) AND
TWO DRAINAGE, ACCESS AND MAINTENANCE
EASEMENTS (PARCEL NOS. 139DAME AND 142DAME)
REQUIRED FOR THE CONSTRUCTION OF STORMW A TER
IMPROVEMENTS KNOWN AS THE LEL Y MAIN CANAL
Page 167
..........~._...~..,_._~.~--,_._""<-,-~~------,_._,.-"'-"---''---'--~'-~~'-~-'~'~----'---,--_._",~--,--
January 12,2010
EAST-WEST PHASE OF THE LELY AREA STORMWATER
IMPROVEMENT PROJECT (LASIP) NO. 51101 (ESTIMATED
FISCAL IMPACT: $102,788.50) - OWNED BY ROYAL PALM
COUNTRY CLUB AND LOCATED OFF OF RATTLESNAKE
HAMMOCK ROAD WITHIN THE LEL Y DEVELOPMENT
Item #16B5
PURCHASE 1.64 ACRES OF UNIMPROVED PROPERTY
REQUIRED FOR THE CONSTRUCTION OF THE RIGHT-OF-
WAY CORRIDOR FOR PHASE II OF THE V ANDERBIL T
BEACH ROAD EXTENSION PROJECT NO. 60168, PHASE II
(FISCAL IMPACT: $41,780.00) - LOCATED ON WILSON
BOULEVARD BETWEEN GOLDEN GA TE BOULEVARD AND
IMMOKALEE ROAD ON TRACT 4, UNIT 18, GOLDEN GATE
ESTATES (PARCEL NO. 276FEE)
Item #16B6
PURCHASE UNIMPROVED PROPERTY REQUIRED FOR THE
CONSTRUCTION OF A STORMW A TER RETENTION AND
TREATMENT POND ASSOCIATED WITH PHASE II OF THE
V ANDERBIL T BEACH ROAD EXTENSION PROJECT
(PROJECT #60168) (FISCAL IMPACT: $21,740) - FOR 1.14
ACRES ON 10TH AVENUE NE BETWEEN EVERGLADES AND
DESOTO BOULEVARDS, TRACT 18, UNIT 73, GOLDEN GATE
ESTATES (PONDl12C2)
Item #16B7
RESOLUTION 2010-01: AUTHORIZING AN AMENDMENT TO
THE TRAFFIC SIGNAL MAINTENANCE & COMPENSATION
Page 168
January 12,2010
AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF
TRANSPORT A TION AND COLLIER COUNTY PRODUCING
$2,239 IN ADDITIONAL ANNUAL COMPENSATION FOR THE
COUNTY WITH 3% ANNUAL ESCALATIONS - FOR THE
MAINTENANCE OF FIVE (5) INTERSECTION CONTROL
BEACONS LOCATED ON STATE ROADWAYS WITHIN
COLLIER COUNTY
Item #16B8
CHANGE ORDER #1 EARTHTECH ENTERPRISES, INC. FOR
#09-5189 "FOREST LAKES MSTU PROJECTS F45/F50
DRAINAGE SW ALE REPAIR & RESTORATION" IN THE
AMOUNT OF $37,924.43 - FOR A UTILITY CONFLICT
ADmSTMENT TO REMOVE "CAP ROCK" (LIMEROCK)
FOUND DURING EXCA V A TION TO ACCOMMODATE A
SIDEWALK PROJECT THA T WAS ADDED FOR PUBLIC
SAFETY BUT WAS NOT INITIALLY A CONSIDERATION
DURING THE BIDDING PHASE
Item #16B9
A TRANSFER FEE WAIVER FOR PUBLIC TRANSPORTATION
SERVICE PROVIDED ALONG IMMOKALEE ROAD BETWEEN
CREEKSIDE AND NORTH COLLIER HOSPITAL AND REPORT
ON MINOR ROUTE CHANGES IN PREP ARA TION FOR THE
ARRIVAL OF THE NEW LARGER 35 FOOT BUSES FOR
COLLIER AREA TRANSIT IN MARCH OF 2010 - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16C1
Page 169
--""'-'-"-~""--~~~'''~'''-'~~-'---~_'_-~---,--_.,-
January 12,2010
AGREEMENT NO. 4600001937 WITH THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT FOR SUPPLEMENTAL
COLLECTION OF SURFACE WATER QUALITY SAMPLES IN
COLLIER COUNTY (ESTIMATED ANNUAL REVENUE:
$60,000) - AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16C2
ACCEPT A RELEASE OF CONSERVATION EASEMENT BY
THE STATE OF FLORIDA'S DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) AT A SITE
LOCATED ON LIVINGSTON ROAD AT CARL TON LAKES
BOULEVARD IN COLLIER COUNTY, FLORIDA, AT A COST
NOT TO EXCEED $44.00 (PROJECT NO. 74030) - GRANTED AS
MITIGATION FOR THE PERMANENT IMPACT TO 3.6 ACRES
OF WETLANDS AND THE TEMPORARY IMPACT TO 2.15
ACRES AT THE COUNTY OWNED AQUIFER STORAGE AND
RECOVERY SITE LOCATYED AT 15694 LIVINGSTON ROAD
Item # 16C3
REJECT BID NO. 09-5258 FOR THE SOUTH COUNTY WATER
RECLAMATION FACILITY ODOR CONTROL FACILITIES
UPGRADES, PROJECT NO. 73969 - BECAUSE OF ODOR
CONTROL EQUIPMENT FAILURE SUBSTANTIAL CHANGES
WERE MADE TO THE ORIGINAL PROJECT FOR THE NEW
FINAL DESIGN THAT WILL PROVIDE ADDITIONAL
RELIABILITY TO THE ODOR CONTROL SYSTEM. IT IS MORE
COST EFFECTIVE FOR THE COUNTY TO REJECT THIS BID,
INCORPORATE CHANGES AND BID THE FINAL DESIGN
Item # 16C4
Page 170
,. -....-. .._..~.. ----_.. --^,--'~"-"-~'--"._"_...._..~._~..._<~.~_..._~-->.~,-'..,~.",_--~----=,"---_,,,,,,_,."-'_.,.-~.~-_...~~.,...._._"~-.--------..-----.-----.---
January 12,2010
SUBMIT AMENDMENT NO. TWO (2) TO STATE REVOLVING
FUND LOAN AGREEMENT NO. DW1111 030 THROUGH
FLORIDA'S DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP) FOR THE SCRWTP 12 MGD RO PLANT
EXPANSION PROJECT #700971 AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENTS (FISCAL IMPACT:
$5,839,056) - CHANGING THE TOTAL DISPURSABLE
AMOUNT TO $17,039,056, ADJUSTING THE SEMIANNUAL
LOAN REPAYMENT AMOUNT TO $571,145 AND MODIFYING
THE TOTAL PRINCIPAL AMOUNT, INCLUDING
CAPITALIZED INTEREST TO $17,232,029
Item #16D1
SIX (6) LIEN AGREEMENTS DEFERRING 100% OF COLLIER
COUNTY IMPACT FEES FOR OWNER OCCUPIED
AFFORDABLE HOUSING DWELLING UNITS LOCATED IN
COLLIER COUNTY. APPROVAL OF THIS ITEM WILL
TRANSFER PREVIOUSLY APPROVED DEFERRAL
AGREEMENTS FROM DEVELOPER TO OWNER OCCUPANTS
WITH A CONTINUING FISCAL IMPACT OF $141,271.10 ~ FOR
THE FOLLOWING LOTS AND DEFERRAL AMOUNTS: TRAIL
RIDGE LOT 74, $22,325.96; TRAIL RIDGE LOT 76, $22,325.96;
TRAIL RIDGE LOT 68, $22,325.96; TRAIL RIDGE LOT 78,
$22,325.96; TRAIL RIDGE LOT 81, $22,325.96; AND NAPLES
MANOR LAKES LOT 14, $29,641.30
Item #16D2
THE FY05 AND FY06 ANNUAL REPORTS TO THE FLORIDA
DEPARTMENT OF HIGHWAY SAFETY MOTOR VEHICLES
Page 171
January 12,2010
FOR THE "CHOOSE LIFE" SPECIALTY LICENSE PLATE-
DUE TO A DISCREPANCY IN A PRIOR YEAR BALANCE THE
FY05 REPORT WAS NOT ACCEPTED BY DHSMW AND
REQUIRES RESUBMITT AL TO THAT AGENCY
Item #16D3
SUBMIT A 4-H FOUNDATION INC. GRANT APPLICATION
REQUESTING $70,080.00 FOR THE 4-H OUTREACH
COORDINATORS AND THE ENHANCEMENT OF OUTREACH
ACTIVITIES MANAGED BY THE COLLIER COUNTY
UNIVERSITY OF FLORIDA /IF AS EXTENSION DEP AR TMENT
- TO HELP OFFSET SALARY COSTS AND FOR THE
CONTINUATION OF 4H YOUTH DEVELOPMENT PROGRAMS
Item # 16D4
AGREEMENT BETWEEN THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AND THE AREA AGENCY ON
AGING OF SOUTHWEST FLORIDA AND APPROVE A
BUDGET AMENDMENT TO RECOGNIZE THE GRANT
REVENUE IN THE AMOUNT OF $43,504.00 FOR THE
NUTRITION SERVICES INCENTIVE PROGRAM (NSIP) -
REIMBURSING THE COUNTY $.60 FOR EACH MEAL SERVED
AT THE COUNTY'S CONGREGATE MEAL SITES LOCATED
IN THE EAST NAPLES COMMUNITY CENTER, GOLDEN
GATE COMMUNITY CENTER, THE ROBERTS CENTER IN
IMMOKALEE AND FOR HOME MEALS THAT ARE
DELIVERED TO THE FRAIL ELDERLY THROUGH THIS
PROGRAM
Item #16D5
Page 172
January 12,2010
PROVIDE PUBLIC NOTICE OF INTENT TO CONSIDER FINAL
DISPOSITION OF NEIGHBORHOOD STABILIZATION
PROGRAM RESIDENTIAL PROPERTIES, CONSISTENT WITH
THE REQUIREMENTS OF COLLIER COUNTY ORDINANCE
NO. 2009-63 AND 125.35(3), FLORIDA STATUTES - FOR
PROPERTIES LOCATED AT: 2560 66TH AVE., NE; 2820 39TH
AVE., NE; 4141 47TH AVE., NE; 374441 ST AVE., NE; 5501 17TH
AVE., SW; AND 5360 19TH PLACE SW
Item #16D6
MERGE TWO PART TIME POSITIONS INTO ONE FULL TIME
POSITION, RECLASSIFY AND PLACE INTO A DIFFERENT
GRANT FUND FOR THE HOUSING AND HUMAN SERVICES
DEPARTMENT. FISCAL IMPACT: $70,137.50 FROM GRANT
FUNDS. NO GENERAL FUNDS WILL BE USED - USING
MONIES FROM THE DISASTER RECOVERY INITIATIVE
GRANT FUND TO CREATE ANOTHER GRANT
COORDINATOR POSITION FOR WORK ON ADDITIONAL
GRANT PROGRAMS
Item #16D7
AWARD RFP #09-5247 AND AUTHORIZE THE CHAIRMAN TO
SIGN AN AGREEMENT BETWEEN COLLIER COUNTY AND
RECREATIONAL FACILITIES OF AMERICA, INC., FOR FOOD
& BEACH CONCESSIONS AT TIGERTAIL BEACH - LOCATED
AT 490 HERNANDO DRIVE ON MARCO ISLAND AND
REMITTING A MINIMUM OF $500 OR 12% OF GROSS SALES,
WHICHEVER IS GREATER, EACH MONTH FOR A FIVE (5)
YEAR AGREEMENT
Page 173
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January 12,2010
Item #16D8
COUNTY MANAGER, OR HIS DESIGNEE TO APPROVE
CHANGE ORDER #3 IN THE AMOUNT OF $95,820.00 TO
QUALITY ENTERPRISES USA, INC., CONTRACTOR FOR THE
951 BOAT RAMP PARKING LOT EXPANSION PROJECT
#80071.1 UNDER CONTRACT #08-5136 TO PROVIDE
ADDITIONAL SCOPE OF WORK IN COMPLIANCE WITH THE
FDOT (RIGHT OF WAY) PERMITTING REQUIREMENTS AND
TO APPROVE A NECESSARY BUDGET AMENDMENT FOR
$95,820. 00 - ADDITIONAL WORK INCLUDES THE
INSTALLATION OF AN ASPHALT SHOULDER, BIKE LANES,
COMPLETE WITH MILLING, SITE PREP, EXCAVATION, SUB-
BASE MATERIALS AND FOR THE ADDITIONAL LINE
STRIPING REQUIRED BY FDOT
Item # 16D9
FIRST AMENDMENT TO THE LICENSE AGREEMENT WITH
KMART CORPORATION FOR THE CONTINUED USE OF
SPACE FOR THE H1N1 VACCINATION CAMPAIGN AND TO
APPROVE A BUDGET AMENDMENT FOR ONE MONTHS
RENT OF $25,000 TO BE REIMBURSED BY THE STATE'S
HEAL TH DEPARTMENT - LOCATED ON THE CORNER OF
COLLIER BOULEVARD (C.R. 951) AND TAMIAMI TRAIL
EAST (U.S. 41) IN THE FREEDOM SQUARE PLAZA
Item #16D10 - Moved to Item #10E (Per Agenda Change Sheet)
Item #16E1
Page 174
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January 12,2010
THIS ITEM WAS CONTINUED FROM THE DECEMBER 1, 2009
MEETING AND HAS BEEN CONTINUED INDEFINITELY.
FIRST AMENDMENT TO A LEASE AGREEMENT, A/KIA THE
CATTLE LEASE, FOR THE PEPPER RANCH PRESERVE
UNDER THE CONSERVATION COLLIER LAND ACQUISITION
PROGRAM
Item # 16E2
PAYMENTS IN THE AMOUNT OF $85,954.26 TO UNITED
MECHANICAL, INC. FOR SERVICES RENDERED DURING
THE TRANSITION BETWEEN TWO CONTRACT PERIODS -
FOR HV AC SERVICES PROVIDED FROM JUNE, 2009
THROUGH AUGUST, 2009
Item # 16E3
AN INTERIM MANAGEMENT PLAN FOR THE MCIL VANE
MARSH PROJECT UNDER THE CONSERVATION COLLIER
LAND ACQUISITION PROGRAM AND DIRECT THE COUNTY
MANAGER, OR HIS DESIGNEE, TO IMPLEMENT THE PLAN -
A FINAL PLAN WIL BE PRESENTED TO THE BOARD WITHIN
TWO (2) YEARS FOR THE PROJECT CONSISTING OF EIGHT
PARCELS (8) AND IS LOCATED NORTHEAST OF MARCO
ISLAND AND SOUTHWEST OF THE U.S. 41 & C.R. 92 (SAN
MARCO ROAD) INTERSECTION
Item # 16E4
RATIFY ADDITIONS AND A MODIFICATION TO THE 2010
FISCAL YEAR PAY AND CLASSIFICATION PLAN MADE
FROM SEPTEMBER 1,2009 THROUGH DECEMBER 31,2009-
Page 175
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January 12,2010
FOR CLASSIFICATION CHANGES IN THE COUNTY'S
WASTEWATER DEPARTMENT
Item #16E5
AWARD RFP #09-5305, ARCHITECTURAL SERVICES FOR
COLLIER COUNTY TO SIX FIRMS: SCHENKEL & SHULTZ,
INC, CH2M HILL, INC, VICTOR J. LATA VISH, ARCHITECT,
PA, BSSW ARCHITECTS, INC., DISNEY & ASSOCIATES, PA,
AND HARVARD JOLLY, INC. - PROVIDING SERVICES ON AN
AS NEEDED BASIS TO VARIOUS COUNTY DEPARTMENTS
Item #16E6
ACCEPT THE FISCAL YEAR 2009 GRANT REPORT
PROVIDING AN ANNUAL UPDATE OF GRANT FUNDING
ACTIVITY - AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16E7
AWARD ITB #09-5325, ON-CALL ELECTRICAL REPAIRS AND
NEW INST ALLA TION TO FIVE FIRMS - TO THE FOLLOWING
FIRMS: AC ELECTRIC OF SW FLORIDA, INC., BENTLEY
ELECTRIC COMPANY OF NAPLES, FL, INC., E.B.SIMMONDS
ELECTRICAL, INC., GULF STATES ELECTRIC, INC. AND
PROFESSIONAL HIGHWAY MAINTENANCE, INC.
Item # 16E8
ASSUMPTION AGREEMENT FROM SOLID RESOURCES, INC.,
TO O'BRIEN'S RESPONSE MANAGEMENT, INC., FOR FEMA
ACCEPTABLE MONITORING OF DISASTER GENERATED
Page 176
'-'---"~~"-"-'~""-""-~--"'-"-~-----'~'-----'---'" .... . - .~-._.~_.~"
January 12,2010
DEBRIS MANAGEMENT AND TECHNICAL ASSISTANCE -
AMENDING CONTRACT #05-3831 RESULTING FROM THE
SUBSEQUENT PURCHASE OF SOLID RESOURCES, INC. BY
O'BRIEN'S IN NOVEMBER, 2009
Item #16E9
REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS
AND CHANGES TO WORK ORDERS TO BOARD-APPROVED
CONTRACTS - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16E10
ASSUMPTION AGREEMENT FROM NAPLES PRINTING, INC.,
TO THE PK GROUP, INC., D/B/A ALLEGRA, FOR AN ANNUAL
CONTRACT FOR ALL COLLIER COUNTY PRINTING AND
COPYING SERVICES -AMENDING CONTRACT #08-5100
RESUL TING FROM THE SUBSEQUENT PURCHASE OF
NAPLES PRINTING, INC. BY ALLEGRA IN DECEMBER, 2009
Item #16E11 - Withdrawn (Per Agenda Change Sheet)
AWARD RFQ NO. 09-5350, TEMPORARY CLERICAL SERVICE
TO KELLY SERVICES AND TERMINATE MANCAN, INC.
FROM RFQ NO. 09-5350, TEMPORARY CLERICAL SERVICES
- USED BY VARIOUS DEPARTMENTS AND IS DUE TO THE
FACT THAT MANCAN, INC. IS NO LONGER DOING
BUSINESS IN THE STATE OF FLORIDA
Item #16F1
Page 177
,,_.__..u,,"_'.n', "^__""'_"'__.__"'___"_'__"_"~'_'~'~~"_"'..~_"....""""____
January 12,2010
MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS AND THE
COLLIER COUNTY SCHOOL DISTRICT REGARDING
DISASTER RECOVERY IN THE IMMOKALEE AREA
UTILIZING THE IMMOKALEE TECHNICAL CENTER -
OUTLINING DETAILS FOR THE COUNTY'S USE OF THE
NORTHEAST WING OF THE ITECH ADMINISTRATIVE
OFFICES LOCATED AT 508 NORTH 9TH STREET,
IMMOKALEE, THIS MOU REMAINS IN EFFECT UNLESS
TERMINATED BY WRITTEN NOTICE
Item # 16F2
BUDGET AMENDMENT - BA #10-089, REIMBURSING THE
BIG CORKSCREW FIRE CONTROL AND RESCUE DISTRICT
FOR THE PURCHASE OF THE BULLEX FIRE EXTINGUISHER
TRAINING SYSTEM
Item # 16F3
RESOLUTION 2010-02: ADOPTING A LOCAL MITIGATION
STRATEGY (FORMERL Y THE HAZARD MITIGATION PLAN)
FOR COLLIER COUNTY ALSO APPLICABLE TO ITS
MUNICIPALITIES. COPIES OF THE HAZARD MITIGATION
PLAN ARE AVAILABLE FOR REVIEW AT THE COUNTY
MANAGERS OFFICE, 2ND FLOOR, W. HARMON TURNER
BUILDING, 3301 TAMIAMI TRAIL EAST, NAPLES, FL AND
ALL COLLIER COUNTY PUBLIC LIBRARIES. AN ON-LINE
COPY OF THE PROPOSED LOCAL MITIGATION STRATEGY
MAY ALSO BE FOUND THROUGH THE FOLLOWING LINK:
HTTP://WWW.COLLIERGOV.NET/INDEX.ASPX?P AGE=281 0 -
IN ORDER TO COMPETE FOR FUTURE GRANT MONIES
Page 178
M'_'...,._.._.___~..._.___.~~~_.,_._.._O._.._.._
January 12,2010
AVAILABLE THROUGH THE COUNTY'S VARIOUS
MITIGATION PROGRAMS
Item #16F4
RESOLUTION 2010-03: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2009-10
ADOPTED BUDGET
Item #16G1
CRA BOARD TO SUBMIT AN AFTER-THE-FACT
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
DISASTER RECOVERY INITIATIVE (DRI) GRANT
APPLICATION IN THE AMOUNT OF $2,877,945.00 TO THE
COLLIER COUNTY DEPARTMENT OF HOUSING AND
HUMAN SERVICES TO FUND THE IMPLEMENTATION OF
THE TERTIARY STORMW A TER SYSTEM IMPROVEMENT
PROJECT FOR THE GA TEW A Y TRIANGLE RESIDENTIAL
AREA - TO HELP ALLEVIATE FLOODING AND RELATED
DAMAGE BY ESTABLISHING A FULLY CONNECTED SW ALE
AND CULVERT SYSTEM THAT WILL IMPROVE DRAINAGE
AND HELP REDUCE FLOOD INSURANCE CLAIMS
Item #16H1
COMMISSIONER COLETTA'S REIMBURSEMENT
REGARDING ATTENDANCE AT A FUNCTION SERVING A
VALID PUBLIC PURPOSE. HE ATTENDED THE FOUNDATION
FOR THE DEVELOPMENT ALL Y DISABLED HOLIDAY PARTY
ON DECEMBER 6,2009 IN NAPLES, FLORIDA. $20.00 TO BE
Page 179
January 12,2010
PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET
Item # 16H2
COMMISSIONER COLETTA'S REIMBURSEMENT
REGARDING ATTENDANCE AT A FUNCTION SERVING A
VALID PUBLIC PURPOSE. HE ATTENDED THE LEADERSHIP
FOUNDATION HOLIDAY PARTY ON DECEMBER 10, 2009 IN
NAPLES, FL. $25.00 TO BE PAID FROM COMMISSIONER
COLETTA'S TRAVEL BUDGET
Item # 16H3
COMMISSIONER HALAS' REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. HE ATTENDED THE BIG CYPRESS BASIN
HOLIDAY LUNCHEON ON DECEMBER 11, 2009 AT THE BIG
CYPRESS BASIN OFFICES IN NAPLES, FLORIDA. $10.00 TO
BE PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET -
LOCATED AT 6089 JANES LANE, NAPLES
Item #16H4
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE WILL ATTEND THE CORKSCREW SWAMP
SANCTUARY DINNER & ROAST FOR ED CARLSON ON
JANUARY 20,2010 AT THE NAPLES HILTON IN NAPLES, FL.
$125.00 TO BE PAID FROM COMMISSIONER FIALA'S
TRAVEL BUDGET - LOCATED AT 5111 T AMIAMI TRAIL
NORTH, NAPLES
Page 180
January 12,2010
Item # 16H5
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE LEAGUE OF WOMEN
VOTERS MONTHLY MEETING LUNCHEON NOVEMBER 9,
2009 AT COLLIER ATHLETIC CLUB IN NAPLES, FL. $20.00 TO
BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET
- LOCATED AT 710 GOODLETTE ROAD NORTH, NAPLES
Item #16H6
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE WILL ATTEND THE MARCO ISLAND
HISTORICAL SOCIETY GRAND OPENING CELEBRATION ON
FEBRUARY 4,2010 AT THE MARCO MUSEUM ON MARCO
ISLAND, FL. $95.00 TO BE PAID FROM COMMISSIONER
FIALA'S TRA VEL BUDGET
Item # 16H7
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE FLOTILLA 95 CHANGE OF
WATCH CEREMONY ON JANUARY 7, 2010 AT THE MARCO
ISLAND YACHT CLUB ON MARCO ISLAND, FL. $50.00 TO BE
P AID FROM COMMISSIONER FIALA'S TRA VEL BUDGET -
LOCATED AT 1400 NORTH COLLIER BOULEVARD, MARCO
ISLAND
Item #16H8
Page 181
January 12,2010
COMMISSIONER HENNING'S REIMBURSEMENT
REGARDING ATTENDANCE AT A FUNCTION SERVING A
VALID PUBLIC PURPOSE. HE ATTENDED THE EDC'S
MONTHL Y INVESTOR MEETING ON JANUARY 6, 2010 IN
NAPLES, FLORIDA. $25.00 TO BE PAID FROM
COMMISSIONER HENNING'S TRAVEL BUDGET - HELD IN
THE NAPLES DAILY NEWS COMMUNITY ROOM AT 1200
IMMOKALEE ROAD, NAPLES
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 182
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
January 12,201.0
I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. I>istricts:
I) Ave Maria Stewardship Community District:
FY 09/1 0 Meeting Schedule.
2) Verona Walk Community Development District:
FY 09/1 0 Meeting Schedule.
B. Minutes:
I) Airport Authority:
Minutes of October 12, 2009.
2) Animal Services Advisory Board:
Minutes of October 20,2009.
3) Collier County Citizens Corps:
Agenda ofJuly 15.2009; August 19,2009; September 16,2009.
Minutes of July 15,2009; August 19.2009; September 16,2009.
4) Collier County Code Enforcement Board:
Minutes of October 22,2009.
5) Collier County Planning Commission:
Minutes of October IS, 2009; October 19, 2009, October 20, 2009.
6) Emergency Medical Services Advisory Council:
Agenda of April 17,2009; May 22, 2009.
Minutes of April 17, 2009; May 22, 2009; September 25,2009.
7) Environmental Advisory Council:
Minutes of October 7, 2009.
8) Golden Gate Community Center Advisorv Committee:
Agenda of November 2,2009.
Minutes of October 5,2009.
9) Hispanic Affairs Advisory Board:
Minutes of September 17,2009; October 22,2009.
10) lmmokalee Enterprise Zone Development Agency:
Agenda of November 18, 2009.
II) lmmokalee Local Redevelopment Advisory Board:
Agenda of November 18, 2009.
12) lmmokalee Master Plan and Visioning Committee:
Agenda of November 18, 2009 joint w/CRA.
Minutes of October 21,2009 joint w/CRA & EZDA.
13) Parks and Recreation Advisory Board:
Minutes of October 21,2009.
14) Radio Road Beautification Advisory Committee:
Agenda of November 17, 2009.
Minutes of October 20, 2009.
IS) Vanderbilt Beach Beautification MSTU Advisory Committee:
Agenda of April 2, 2009; November 5, 2009.
Minutes of March 5, 2009; March 9, 2009; October IS, 2009.
C. Other:
I)
Code Enforcement Special Magistrate:
October 16,2009; November 5, 2009.
January 12,2010
Item # 1611
DISBURSEMENTS FOR THE PERIOD OF DECEMBER 5, 2009
THROUGH DECEMBER 11, 2009 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J2
DISBURSEMENTS FOR THE PERIOD OF DECEMBER 12,2009
THROUGH DECEMBER 18, 2009 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item # 1613
DISBURSEMENTS FOR THE PERIOD OF DECEMBER 19,2009
THROUGH DECEMBER 25, 2009 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J4
DISBURSEMENTS FOR THE PERIOD OF DECEMBER 26, 2009
THROUGH JANUARY 1,2010 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16K1
OFFER OF mDGMENT TO RESPONDENTS, JOHN AND
ANGELA RIPPONS, FOR PARCEL NO. 121 AND NO. 721 IN
THE AMOUNT OF $55,800 IN THE LAWSUIT STYLED
COLLIER COUNTY V RAFAEL LIY, ET AL., CASE NO. 05-0752-
CA (COLLIER BOULEVARD (951) PROJECT #65061) (FISCAL
IMPACT: $0)
Page 183
January 12,2010
Item # 16K2
REPORT WITH ALTERNATIVE RECOMMENDATIONS TO
THE BOARD OF COUNTY COMMISSIONERS WITH RESPECT
TO SECTION 8 OF THE COUNTY'S ETHICS ORDINANCE - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #17A
RESOLUTION 2010-04: PETITION PL-2009-0000170, FIRST
HAITIAN BAPTIST MISSION, INC., REPRESENTED BY
FREDERICK E. HOOD, AICP, OF DAVIDSON ENGINEERING,
INC., REQUESTED A CONDITIONAL USE NUMBER 7 OF THE
RURAL AGRICULTURAL (A) ZONING DISTRICT PURSUANT
TO LAND DEVELOPMENT CODE (LDC) SUBSECTION
2.03.01.A.1.C.7. THE PROPOSED CONDITIONAL USE WILL
SUPPLEMENT THE EXISTING RESOLUTION NUMBER 93-190
BY ADDING 1,550 SQUARE FEET TO AN EXISTING CHURCH
BUILDING AND A SEPARATE 19,281 SQUARE-FOOT
GENERAL PURPOSE BUILDING. THE 4.59 ACRE SITE IS
LOCATED AT 14600 TAMIAMI TRAIL EAST IN SECTION 12,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. (CTS)
Item #17B
ORDINANCE 2010-01: PETITION PUDZ-2007-AR-11398,
SHOESOP PROPERTIES, LLC, REPRESENTED BY TIMOTHY
HANCOCK, AICP, OF DAVIDSON ENGINEERING, INC.
REQUESTED A REZONE FROM THE ESTATES (E) ZONING
DISTRICT TO THE COMMERCIAL PLANNED UNIT
Page 184
January 12,2010
DEVELOPMENT (CPUD) ZONING DISTRICT FOR A 25,000
SQUARE-FOOT COMMERCIAL RETAIL AND OFFICE
DEVELOPMENT TO BE KNOWN AS F AKAHA TCHEE PLAZA
CPUD. THE 5.46-ACRE SUBJECT PROPERTY IS LOCATED AT
THE NORTHWEST CORNER OF THE GOLDEN GATE
BOULEVARD (CR 876) AND EVERGLADES BOULEVARD
INTERSECTION IN SECTION 6, TOWNSHIP 49 SOUTH,
RANGE 28 EAST, COLLIER COUNTY, FLORIDA. (CTS)
Item #17C
RESOLUTION 2010-05: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2009-10
ADOPTED BUDGET
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3: 15 p.m.
Page 185
January 12,2010
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
MW.C~
. FRED COYLE, Chairman
ATTEST:
c.
. tK CLERK
, ,',"
> .','
.. L\"!1 I'
~-.. td'q.i1.~ .
. .. ......
It . i~I'.j"~
These mil}Jltes approved by the Board on 2. /.:) /2010 , as presented
V or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 186