BCC Minutes 05/11/2010 R
May 11,2010
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, May 11, 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 districts as have 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: Fred Coyle
Jim Coletta
Donna Fiala
Frank Halas
Tom Henning
ALSO PRESENT:
Leo Ochs, County Manager
Jeffrey A. Klatzkow, County Attorney
Micheal Sheffield, Assistant to County Manager
Ian Mitchell, BCC Manager
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
May 11, 2010
9:00 AM
Fred W. Coyle, BCC Chairman Commissioner, District 4
Frank Halas, BCC Vice-Chairman Commissioner, District 2
Jim Coletta, BCC Commissioner, District 5, CRAB Vice-Chairman
Donna Fiala, BCC Commissioner, District 1, CRAB Chairman
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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May 11, 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 VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Father Dwayne Varas - S1. Paul's Episcopal Church
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. April 13, 2010 - BCC/Regular Meeting Minutes
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
5 Years
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May 11, 2010
1) Richard Sims, Golden Gate Beautification Advisory Committee.
2) David Larsen, Lely Golf Estates Beautification Committee.
10 Years
3) Kaydee Tuff, Golden Gate Community Center Advisory Board.
4) LaVerne C. Franklin, Black Affairs Advisory Board.
5) Dr. Joan Colfer, Health Facilities Authority.
4. PROCLAMATIONS
A. Proclamation designating the week of May 16 through May 22, 2010 as
Collier County Emergency Medical Services Week. To be accepted by Dan
Summers and Jeff Page. Sponsored by Commissioner Coletta.
B. Proclamation designating May 10 through May 16, 2010 as Water Reuse
Week. To be accepted by George Yilmaz, Wastewater Department Director,
Danette Huff, Reuse Manager, Beth Johnssen, Wastewater Operations
Manager, and Lisa Kohler from the Big Cypress Basin/South Florida Water
Management District. Sponsored by Commissioner Fiala.
C. Proclamation designating May 25,2010 as National Missing Children's Day.
To be accepted by former Sheriff Don Hunter. Sponsored by Commissioner
Henning.
D. Proclamation recognizing volunteers who assisted with the first Pepper
Ranch Youth Hog Hunt and to encourage citizens to volunteer in our
community. To be accepted by Melissa Hennig. Sponsored by
Commissioner Coletta.
E. Proclamation designating May 6 through May 10, 2010 as Salvation Army
Week. To be accepted by Captains Alejandro and Nelinda Castillo.
Sponsored by Commissioner Fiala.
F. Proclamation designating May 22 through May 28, 2010 as Safe Boating
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May 11,2010
Week. To be accepted by Andy Evva. Sponsored by Commissioner Fiala.
5. PRESENTATIONS
A. Presentation by Bureau of Emergency Services' Director Dan Summers
regarding the Deepwater Horizon oil spill response.
6. PUBLIC PETITIONS
A. Public Petition request by Mr. Abas A. Asli regarding office space.
Item 7 and 8 to be heard no sooner than 1:00 D.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
9. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to declare a vacancy on the Black Affairs Advisory Board.
B. Appointment of member to the County Government Productivity
Committee.
C. Appointment of members to the lmmokalee Enterprise Zone Development
Agency.
D. Objectives of the County Government Productivity Committee in
collaborating with the School District in planning for FY 2011.
(Commissioner Frank Halas, District 2 Commissioner and Steve Harrison,
Chairman, Productivity Committee)
E. Recommendation to approve an Employment Agreement appointing Ian
Mitchell to serve as the Executive Manager to the Board of County
Commissioners and to approve revisions to the County Manager Agency
Policies and Procedures (CMA) number 5350 and 5351 relating to the
Executive Manager and Executive Aides employment and authorize the
Chairman to execute the Agreement and approve the CMA changes.
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May 11,2010
10. COUNTY MANAGER'S REPORT
A. Recommendation to review potential changes to Resolution 2001-316
relating to settlement of Code Enforcement liens in accordance with
direction provided by the Board of County Commissioners on April 13,
2010, and provide direction to the County Manager and the County Attorney
as to any such changes that will be incorporated into amending and
superseding the resolution, including criteria for the recommendation of
settlement. (Diane Flagg, Code Enforcement Director)
B. Recommendation to review and approve proposed language to be added to
County Manager Agency Policy (CMA) 5311, Code of Ethics, regarding
employees who serve on non-profit boards. (Amy Lyberg, Human Resources
Director)
C. This item to be heard at 10:00 a.m. Recommendation to approve the
Doctors Pass and North Park Shore Emergency Beach Renourishment
Resolution, make a finding that these beaches are critically eroded and TDC
funds can be used for renourishment, authorize the expedited handling of a
truck haullinland sand source permit modification, waive the formal
competitive thresholds in the Purchasing Policy and applicable statutes
based on a valid public emergency to renourish these beaches, and authorize
the expenditure of $1.5M Category A Tourist Development Funds and
request authorization of any necessary budget amendments. (Gary McAlpin,
Coastal Zone Management Director)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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May 11, 2010
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water utility
facilities for North Naples Fire - Taylor Road Office.
2) Recommendation that the Board of County Commissioners receives
and approves the Collier County Floodplain Management Plan 2009
Progress Report.
B. TRANSPORTATION SERVICES
1) Recommendation for the Board of County Commissioners to approve
a budget amendment to recognize revenue for projects within the
Transportation Supported Gas Tax Fund (313) in the amount of
$50,793.60.
2) Recommendation to award a construction contract to M&J
Construction Company of Pine lIas County Inc., for Bid No. 10-5454
Goodland Bridge (030184) Scour Remediation Project (CR 92 over
Marco Channel), in the amount of$85l,455. Project #66066.
3) Recommendation to award Bid #10-5406, Irrigation Parts and Related
Items to Florida Irrigation Supply, Inc. for a countywide estimated
annual amount of $60,000.
4) Recommendation to award RFQ# 10-5482 - Lely MSTU Irrigation
Reuse Water Source Renovation to Hannula Landscape & Irrigation,
Inc., in the amount of$59,992.20.
5) Recommendation to approve award of contract #10-5474 to Temple,
Inc. for Traffic Control System Components in the amount of
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May 11, 2010
$122,794.50 (FDOT LAP Funded Project).
6) Recommendation to approve a Resolution authorizing the submission
of the FYI 0/11 Transportation Disadvantaged Trust Fund
Trip/Equipment Grant Application with the Florida Commission for
the Transportation Disadvantaged (CTD) in the amount of$652,703
with a local match of$65,270.
7) Recommendation to approve a Work Order for a construction project
to Better Roads, Inc. for the lmmokalee Road (C.R. 846) Intersection
Improvements at Everglades Boulevard in the amount of$4l5,980.91,
Contract No. 09-5197, Project No. 66065.
8) Recommendation to approve a Work Order for a construction project
to Bonness, Inc. for the J&C Boulevard Intersection Improvements at
Airport-Pulling Road (C.R. 31) in the amount of $288,939.06,
Contract No. 09-5197, Project No. 60182.
9) Recommendation to authorize a budget amendment reallocating
existing funding for the purpose of conducting engineering studies
and traffic analysis to support ongoing capital projects, operations and
maintenance projects within the Transportation Supported Gas Tax
Fund (313) in the amount of$150,500.
10) Recommendation to approve the purchase of2.8l acres (Parcel
l272FEE) of improved real property which is required for the
construction of Phase 2 of the Vanderbilt Beach Road Extension
Project between Wilson and DeSoto Boulevards. Project No. 60168
(Fiscal Impact: $157,610)
C. PUBLIC UTILITIES
1) Ratify Change Order No.1 to a Work Order issued to Quality
Enterprises USA, Inc., under Contract #08-5011 for Project #72549,
Pump Station Improvements 112.06 and 130.00.
D. PUBLIC SERVICES
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May 11,2010
1) Recommendation to accept 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.
2) Recommendation to accept donated funds in the amount of$5,940
and approve a budget amendment recognizing revenue and
appropriating funds in 001-156363 Beach and Water Operations for
Conner Park.
3) Recommendation to approve and authorize the Chairman to sign an
agreement between Collier County Parks and Recreation and the
Early Learning Coalition of Southwest Florida for a Voluntary Pre-
Kindergarten Education Program with anticipated reimbursements of
$108,400 and to authorize the County Manager and/or his designee to
sign in subsequent years.
4) Recommendation to provide after the fact approval for the submittal
of the 2010 State of Florida Department of Children and Families
(DCF) Homelessness Prevention and Rapid Re-Housing Program
(HPRP) application to assist the homeless and at risk population in
Collier County.
5) Recommendation to approve and authorize the Chairman to sign an
amendment to the State of Florida, Department of Children and
Families Challenge Grant. The amendment is necessary due to a
change in the administration of Homeless Management Information
System.
E. ADMINISTRATIVE SERVICES
1) Recommendation to ratify Property, Casualty, Workers Compensation
and Subrogation Claims settled and/or closed by the Risk
Management Director pursuant to Resolution # 2004-15 for the
second quarter ofFY 10.
2) Recommendation to accept report and ratify staff-approved change
orders and changes to work orders.
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May 11, 2010
3) Recommendation to transfer $245,566 within Fund 181, Court
Facilities Fees, from three completed and closed projects into two new
Court approved projects for improvements to the Courthouse.
4) Recommendation to approve and authorize the Chairman to sign the
Assumption Agreement from Government Capital Corporation to
Susquehanna Commercial Finance for the lease-purchase of one
ambulance for EMS.
5) Recommendation to approve a Second Amendment to Lease
Agreement with Abbas Ahrabi Asli for the continued use of office
space occupied by the Property Appraisers Office for one additional
month at a total cost of $54,471.75.
F. COUNTY MANAGER
1) Recommendation to approve a lease purchase agreement with Zoll
Medical Corporation for the replacement of twenty-eight (28)
AutoPulses for Emergency Medical Services in the amount of
$146,655.31.
2) 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 that the Community Redevelopment Agency
approve the Bayshore Gateway Triangle Local CRA Advisory Boards
request to co-host a Bayshore Festival of the Arts event at Sugden
Regional Park, approve up to $15,000 from the Bayshore Gateway
Triangle Trust Fund (Fund 187) FYll Marketing & Promotions
budget to financially support event costs, and declare that the event
serves a valid public purpose.
2) Recommendation to approve the sale and consumption of alcoholic
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May 11,2010
beverages (beer and wine) during the CRA co-hosted event Bayshore
Festival of the Arts on January 29-30,2011 at Sugden Regional Park.
3) Recommendation to the Collier County Board of County
Commissioners (BCC) acting as the Community Redevelopment
Agency (CRA) to authorize its Chairman to sign an Agreement
between the lmmokalee CRA and the Eastern Collier Chamber of
Commerce.
4) Recommendation to approve a budget amendment for $190,800 to
increase budgeted revenues and budgeted expenses for the sale and
purchase of aviation fuel at Marco Island Executive Airport.
5) Recommendation to approve and authorize the Chairman to execute
the attached Resolution authorizing execution of revised Master Joint
Participation Agreement 201 O-A with the Florida Department of
Transportation to fund projects at the Everglades Airpark, the
Immokalee Regional Airport and Marco Island Airport.
6) Recommendation to approve the submittal of a grant application to the
F ederal Aviation Administration for construction of a taxiway at the
Marco Island Executive Airport.
7) Recommendation to approve an amended plan and approach to recruit
a replacement for the Executive Director of the Airport Authority.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the East Naples Civic Association Luncheon on April 15,
2010 at the Hamilton Harbor Yacht Club in Naples, FL. $18 to be
paid from Commissioner Fiala's travel budget.
2) Proclamation presented to Chris Neal by Commissioner Fiala for her
tremendous contributions to our community. Sponsored by
Commissioner Fiala.
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May 11, 2010
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of April
17,2010 through April 23, 2010 and for submission into the official
records of the Board.
2) To obtain approval for disbursements for the period of April 24, 2010
through April 30, 2010 and for submission into the official records of
the Board.
K. COUNTY ATTORNEY
1) Recommendation to release a code enforcement lien, for payment of
$15,000, as approved by the Board on April 13, 2010, in the action
entitled Board of County Commissioners vs. Richard Carter, Special
Magistrate Case No. 2007-060653, relating to property known as 196
BriarcliffLane, Collier County, Florida.
2) Recommendation to approve a Stipulated Final Judgment in the
amount of $850,000 for Parcel 121 FEE in the lawsuit styled Collier
County v. Pascal J. Murray, et. aI., Case No. 07-4784-CA (Santa
Barbara Boulevard Extension Project #60091 (Fiscal Impact
$285,800).
3) Recommendation to approve a Stipulated Final Judgment in the
amount of$850,000 for Parcels 122FEE and l23FEE in the lawsuit
styled Collier County v. Pascal J. Murray, et. aI., Case No. 07-4784-
CA (Santa Barbara Boulevard Extension Project #60091 (Fiscal
Impact $227,600).
4) Request authorization allowing Collier County to remain a member of
a class action civil lawsuit entitled, The County of Monroe, Florida v.
Priceline.com, Inc. et ai, Case No. 09-1 0004-CIV -Moore/Simonton,
now pending in the United States District Court for the Southern
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May 11, 2010
District of Florida, which seeks to recover unpaid Tourist
Development Taxes on behalf of all Florida counties that have enacted
a Tourist Development Tax under Section 125.0104, Florida Statutes.
5) Recommendation to approve a letter agreement with the FDIC, acting
as Receiver for Florida Community Bank, to pay the County
$200,613.87 in operational and demolition costs of the Bayshore
Club, also known as the Arboretum Property, in exchange for waiver
of in excess of $1 ,000,000 in fines and release of all code liens.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. SNR-PL2010-129,
Cardinal Management Group of Florida, Inc., represented by Stewart Carter,
is requesting a Street Name Change from Xeric Lane to Cardinal Way. The
location is Sabal Bay Commercial Plat Phase One, a portion of Tract R in
Section 24, Township 50 South, Range 25 East, Collier County, Florida.
B. This item reQuires that ex parte disclosure be provided bv Commission
members. Should a hearin!! be held on this item~ all participants are
reQuired to be sworn in. Recommendation to approve Petition V AC-
PL20 1 0-264, Naples Mazda, to disclaim, renounce and vacate the Countys
and the Publics interest in those easements originally recorded in Official
Record Books, 1372, page 2332 through 2335, Book 1554, page 1369 &
1370, Book 1600, page 1317 & 1318 and Book 1644, pages 1945 through
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May 11, 2010
1948 of the Public Records of Collier County, Florida, all situated in Section
11, Township 49 South, Range 25 East, Collier County, Florida, and being
more specifically depicted on Exhibit A, and accept the replacement
drainage easement depicted and described on Exhibit B.
C. Recommendation to adopt an Ordinance amending Ordinance No. 98-1, as
amended, to allow for the installation of swale enclosures on 111 th Avenue
North and along 8th Street North in Naples Park.
D. Recommendation to adopt an ordinance which would establish a mechanism
to create a dedicated source of revenue to fund an economic development
program and to advance economic development initiatives in zones of
geographic concentration within unincorporated Collier County. These
zones, to be called Innovation Zones, will be designated by the Board from
time to time through the implementation of Economic Development Plans
adopted by Resolution for each Innovation Zone.
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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May 11, 2010
May 11,2010
CHAIRMAN COYLE: Ladies and gentlemen, the Board of
County Commissioners' meeting is now in session. Will you please
stand for the invocation by Father Duane Varas of St. Paul's Episcopal
Church.
And then afterwards, the Pledge of Allegiance.
F ATHER VARAS: Blessed are you, God of the universe, whose
glory is everywhere. We commend Collier County to your merciful
care, that being guided by your providence, we may dwell secure in
your peace.
Grant to our commissioners and to all in authority wisdom and
courage to know and to do your will, fill them with the love of truth
and righteousness and make them ever mindful of their calling to
serve people of this county.
Mighty God, send down upon those who will participate in these
deliberations the spirit of wisdom, charity, mercy, and justice, that
with steadfast purpose, they may faithfully consider and promote the
well-being of all people of Collier County, especially those most in
need, the vulnerable and those counted as least.
Help us remember that what we do to the least among us we do
to you, God.
We humbly ask these things to you, God, who is creator, liberator
and sanctifier. Amen.
CHAIRMAN COYLE: Thank you, Father Varas.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN COYLE: Thank you.
County Manager, do you have any changes to our agenda today?
MR.OCHS: Yes, sir. Thank you, Mr. Chairman.
Good morning, Commissioners.
Item #2A
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May 11,2010
TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES
MR.OCHS: Agenda changes for Board of County
Commissioners' meeting, May 11,2010. First change is to withdraw
Item 16B4. It's a bid award for landscape irrigation work. This is
withdrawn at Commissioner Coyle and staffs request. We need a
little more time to do some value engineering on this item.
Next change is Item 16D3. This is an executive summary that
indicated we had five sites identified in the executive summary for a
voluntary prekindergarten education program when Commissioner
Fiala correctly pointed out that there are only four sites. So there was
a typo. We indicated five. It's actually four. Those four sites are
enumerated here in your change sheet and also in your executive
summary.
The next change is to continue Item 16Fl to the May 25, 2010,
BCC meeting. It's a lease purchase agreement. The county attorney
had requested an opportunity to review some last-minute changes that
came into the lease agreement.
And finally, the final change is to move Item 17D to Item 12A.
That is the proposed innovation zone ordinance. That will be moved,
again, under 12A, county attorney's regular agenda.
And one agenda note, commissioners, Item 10C. This is a
proposed emergency beach renourishment resolution regarding
Doctors Pass and North Park Shore, will be heard at 10 a.m.
Those are all the changes I have, sir.
CHAIRMAN COYLE: Okay, thank you very much.
County Attorney?
MR. KLATZKOW: No changes, sir.
CHAIRMAN COYLE: Okay. Commissioner Fiala, do you have
any changes and/or ex parte disclosure, please?
COMMISSIONER FIALA: No changes, no ex parte.
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May 11,2010
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: I have no ex parte, and the only --
I'll bring it up at this point in time. I will approve the consent and
summary agenda except for 16K 1. I still am opposed to a big break
for banks. Thank you.
CHAIRMAN COYLE: Okay. Thank you very much.
And I have no additional changes to the agenda nor do I have any
disclosure.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Good morning, sir.
CHAIRMAN COYLE: Good morning.
COMMISSIONER COLETTA: I have no disclosures to make
on either the summary or the other -- the agenda. I do have one
change I'd like to make. I'd like to pull 16G7 for discussion.
MR.OCHS: Commissioners, that would become Item 10D on
your regular agenda. 16G7 moved to 10D. That's a recommendation
to approve an amended plan and approach to recruit a replacement for
the executive director at Airport Authority.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: I have no ex parte
communication on today's agenda.
Just a clarification, do we have an add-on proclamation? I have
4G recognizing Haitian Flag Day in my agenda.
MR.OCHS: Yes, sir. I'll turn to Mr. Mitchell. I believe he had
removed that.
MR. MITCHELL: Sir, we withdrew that this morning.
COMMISSIONER HENNING: Okay.
MR.OCHS: Okay.
CHAIRMAN COYLE: All right. And that's it. Okay, thank you
very much.
COMMISSIONER HENNING: Motion to move the agenda as
amended.
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May 11,2010
MR.OCHS: Excuse me, Mr. Chairman. I believe you have
some registered speakers --
CHAIRMAN COYLE: Yes, we do.
MR.OCHS: -- on your consent and summary agenda.
MR. MITCHELL : Your first speaker is on Item 16K5, and it is
Michael Fernandez.
MR. FERNANDEZ: Good morning, Commissioners. My name's
Michael Fernandez with the firm of Planning Development.
I'm asking you to pull Item 16K5 off the summary agenda so we
can discuss it further. We're proposing an alternative to the FDIC
funding some demolition work on the Bayshore Club Apartments.
We've made a proposal to the FDIC. We've been told they need
a couple more weeks to digest our proposal and see if it's acceptable to
them, which would require them subordinating their loan to our
proposed scope of work which is in excess of a million dollars' worth
of work and would greatly benefit the public if accepted.
So we would ask you to delay that consideration just for a period
of two weeks. We've submitted evidence to staff that we do have
funds to move forward with the project should it be approved, an
agreement with the FDIC.
CHAIRMAN COYLE: Okay. Thank you very much, Mr.
Fernandez.
Are there any questions by the Board of County Commissioners?
Yes. Commissioner Coletta?
COMMISSIONER COLETTA: I always like to try to meet the
needs of the public out there when they ask something to be pulled.
But what I'm -- rather than pulling it, I just wonder if we might be able
to get a brief description from staff if there would be a problem just to
ask for a continuance of this rather than go through the whole agenda
and bring it up for a lengthy discussion.
MR.OCHS: Mr. Chairman, if I might offer a suggestion. Given
the interest in this project and the hard work that's gone into it so far to
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May 11,2010
get this demolition completed, I would recommend that we, perhaps,
move ahead with this agreement, approve it today, but direct the staff
not to issue the notice to proceed to contractor for two weeks, that way
we could give Mr. Fernandez the opportunity at least to produce what
he says he can produce.
We'll be working in the next two weeks to line up our paperwork
with the FDIC and the contractor. If he doesn't come through in two
weeks, we move immediately with the FDIC agreement. Ifhe does,
then we can bring this back to the board, and they can consider his
proposal. But that way we don't delay the project, we approve it today
so we can move ahead with the agreement as proposed by FDIC, and
you still reserve the opportunity if there's a better arrangement that can
be made in two weeks that you can then do that.
COMMISSIONER COLETTA: Then I make a motion to that
effect.
COMMISSIONER HALAS: I'll second.
CHAIRMAN COYLE: Okay. Why don't we -- okay. We'll do it
separately then.
COMMISSIONER HALAS: Okay.
CHAIRMAN COYLE: We have a motion to approve 16K5 with
guidance to the staff to delay issuance of the start --
MR. OCHS: The notice to proceed.
CHAIRMAN COYLE: -- date notice to proceed for two weeks.
Any questions concerning that motion?
(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.
Page 6
May 11,2010
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: Okay. The motion passes unanimously.
Okay.
MR. MITCHELL: Your second speaker --
CHAIRMAN COYLE: Yes.
MR. MITCHELL: -- is Sam Smart, and he wants to speak on
Item 17B.
CHAIRMAN COYLE: Okay, Mr. Smart.
MR. SMART: Thank you. Good morning, Commissioners. I do
have some correspondence that I could pass out, if that's appropriate
or not.
CHAIRMAN COYLE: It's certainly appropriate, but we won't
have a chance to read it right now, so.
MR. SMART: Okay. Well, it's available. I'm here to talk about
the -- vacating drainage easement at the new Naples Mazda. There's
always been a problem with flooding in the J&C Industrial Park. And
when they originally had applied for an application for this new
dealership, there was correspondence written saying, you know, please
pay close attention to what's going to occur here and how the drainage
will be affected.
And so it's been a concern. And one of the reasons I'm here is,
two weeks ago we got a rainstorm, and the intersection at J&C and
Airport Road flooded badly. And you're being asked to change some
drainage easements. And I would pause there and say that currently
there is a building under construction, the walls are standing, and it's
over existing public easements. And at this stage of the process,
they're trying to regroup and trying to figure out what needs to be
done for drainage.
Drainage pipes have been removed from the site within the past
year, and it seems to have caused problems.
I also have run across some correspondence from the South
Page 7
May 11,2010
Florida Water Management District saying that it was important that
these easements, one of the easements on the south boundary, be
included on site plans. And I'm not sure, again, at this stage of the
process why there hasn't been more attention paid to drainage. And I
see it as a real problem that probably should be addressed and
considered a little further before just proceeding with vacating an
easement or drainage easements that have existed and are there for a
purpose.
CHAIRMAN COYLE: Did you communicate your concern to
staff before this meeting?
MR. SMART: This announcement was in the paper. I saw it
about a week ago, a little over a week ago. And I did talk -- I've had
two conversations -- I spoke with Nick, I guess.
CHAIRMAN COYLE: Yes.
MR. SMART: We spoke yesterday, and there's been assurance
that things are under control. But in talking with county employees,
there's a new drainage easement that's been proposed. And I was
asked if any drainage pipes had been installed in this new easement
and, you know, what has been done on the site, and it's -- you know, I
don't know that people understand what has been done and what
should be done.
CHAIRMAN COYLE: Okay. It's generally our policy not to
place something on the summary agenda if anyone has objected to it,
so I'm wondering why this is on the agenda, summary agenda.
MR.OCHS: Sir, I wasn't aware that we had this objection. I
think Mr. Casalanguida can address that.
MR. CASALANGUIDA: Good morning, Commissioners. For
the record, Nick Casalanguida.
I spoke with Mr. Smart yesterday. It wasn't there was an
objection. He had some questions, and I said, if your comments
haven't been alleviated by our comments or discussion today, then I
encourage you to come to the board and bring it forward. And I
Page 8
May 11,2010
explained the project to him and asked ifhe wanted it pulled, and he
said he's not sure at that time. He wanted time to review it and discuss
it more.
CHAIRMAN COYLE: Do you want to pull this to the regular
agenda, and then it will come up in sequence on the regular agenda
today for a full hearing?
MR. SMART: And I don't know that anybody is prepared for a
full hearing. I would hope that maybe staff would spend some more
time and kind of verify what really needs to be done here to eliminate
drainage problems at this intersection. And I don't know that anybody
here today -- there's supposed to be improvements to the intersection.
I think that South Florida Water Management maybe should be a part
of, you know, kind of an overall plan and scheme. But I really would
like to see some kind of certification, some plans, professional
engineer, somebody, you know, say that this is the approved drainage
plan, and I would feel much better, you know, that everything would
be done at that point to try to alleviate problems.
CHAIRMAN COYLE: What's the urgency in proceeding today,
Nick?
MR. CASALANGUIDA: Sir, we're prepared to discuss it. You
have two items on, which is the vacation of easement and replacement
of easement, and you also have a bid to do the intersection
improvement. Staff is prepared to display the engineering documents
and answer any questions.
I can assure you we've looked at the design. We have our
engineer here, and the design engineer of record will be here as well,
.
SIr.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: Was there public meetings held on
this particular item?
MR. CASALANGUIDA: Vacation of easement is advertised.
COMMISSIONER HALAS: Was it advertised and was it -- was
Page 9
May 11,2010
it well attended?
MR. CASALANGUIDA: And then we also --
COMMISSIONER HALAS: Did this gentleman attend the
meetings?
MR. CASALANGUIDA: Yes, sir. He attended the public
meeting for the MSTU description of project and choosing of the
priority project. We had a public meeting.
To refresh the commissioners' memory, there are two MSTUs in
industrial parks. And the county manager at the time, Mr. Mudd,
asked us to go forward and prepare to expend those funds and go to
public meeting to advertise what those funds could be spent on,
various projects.
The J&C Boulevard intersection was one of the number one
priorities, and at the time Naples Mazda, when they came forward
with their PUD, worked with transportation staff to improve and
widen the intersection. So there was a public meeting held for the
Naples Mazda, there was a public meeting held for the MSTU,
choosing of the project. And I believe Mr. Smart attended--
COMMISSIONER HALAS: That was my next question. Did
Mr. Smart attend those meetings, and were -- did he bring up this
particular concern at that point in time when the public meetings were
held?
MR. CASALANGUIDA: He brought up the concern to me
about widening of the intersection, needing an additional lane, and
drainage concerns. And the engineer of record is supposed to --
COMMISSIONER HALAS: Was he against the additional lane,
or what was the deal on that?
MR. CASALANGUIDA: No. I believe, sir -- and you can
answer for yourself -- you were for the improvement at the
intersection?
MR. SMART: Yeah. I have spoken at the -- and this goes back
about two, two-and-a-halfyears ago when the MSTU was being
wPage 10
May 11,2010
considered, and there was the permitting process. And I do have
correspondence. I can pass this out. And I've written letters
expressing concerns about congestion at the intersection, about
drainage. So there is a long history of, you know, trying to point to
these potential problems and saying, here's the opportunity to try to
correct, you know, problems of that --
COMMISSIONER HALAS: I'm surprised that we've gotten this
far in the process and that has been put on the summary agenda. I
assumed that when this is put on the summary agenda, that all
questions and everything is taken care of.
I just wonder if all the efforts by staff -- if we don't have an issue
here with one individual only and it's not an overall issue. But maybe
what we need to do is bring this back to a later agenda, or whatever
the chair decides to do, whether you want to discuss it today. I think
we need to move forward, because we have some serious traffic
congestions at that point, and it's going to get worse as this dealership
opens up.
MR. CASALANGUIDA: Mr. Smart's comments were taken into
consideration by the engineer of record, design, viewed by our TCM
department. So I believe the drainage and widening of the intersection
-- again, two items on this agenda. One is the vacation and
replacement of drainage easement, and one is the letting of the
intersection improvement itself which corrects the drainage issue.
So comments were taken in the public meetings. They were
addressed as part of design. Mr. Smart, I was made aware of by the
applicant, that he had a concern. I spoke to him yesterday and I said,
if you haven't addressed your concerns, please come to the meeting.
You know, I think we have addressed those concerns.
COMMISSIONER HALAS: Has South Florida Water
Management responded in regards to what we're going to do at that
intersection, and what has their response been?
MR. CASALANGUIDA: They're not required to, sir, in terms of
Page 11
May 11,2010
the intersection improvement itself because it's a turn lane
improvement. They're required to review the site plan that was
originally submitted as part of the industrial park permit, which they
have. The engineer of record will be here later on, I think, if this item
is pulled. I don't see him in the room. But he can answer any detailed
engineering questions. I'm not prepared to do so.
COMMISSIONER HALAS: Thank you very much.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Why are we discussing so much
detail on this item? Let's just pull it to the regular agenda. I think it's
a very simple thing. It's a movement --
MR. CASALANGUIDA: Sure.
COMMISSIONER HENNING: -- of a drainage easement. It's
the same width.
MR. CASALANGUIDA: That's true.
COMMISSIONER HENNING: It's going to convey the same
amount of water.
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER HENNING: So I'm going to approve the -- if
we have no further speakers, I'm going to --
MR. MITCHELL: No, we don't, sir.
COMMISSIONER HENNING: -- request 17B to move to the
regular agenda, which would be 8A --
MR. OCHS: 7 A, I believe.
COMMISSIONER HENNING: -- 7 A, and remove -- or approve
the rest of the agenda as amended.
CHAIRMAN COYLE: Okay.
MR. KLATZKOW: May I first -- before -- Nick, you had a
companion item with this?
MR. CASALANGUIDA: They're not companion items. It's just
the vacation of easement. You also have a project to bid and let the
project, as well, go forward. And you're probably right, it should be
Page 12
May 11,2010
together.
MR. KLATZKOW: We should pull both of them at the same
time?
MR. CASALANGUIDA: I agree.
CHAIRMAN COYLE: What is the other item?
MR. KLATZKOW: 16B8 maybe.
MR. CASALANGUIDA: A 16B item.
MR. OCHS: It's 16B8, sir.
CHAIRMAN COYLE: 16B8.
MR.OCHS: Which would become 10E.
CHAIRMAN COYLE: 10E. Okay. We have a motion to
approve the agenda as amended, which would include pulling 17B
from the summary agenda, and it becomes 7A, and 16B8 from the
consent agenda, and it will become 10E.
MR.OCHS: Yes, sir.
CHAIRMAN COYLE: All in favor, please signify -- there was a
second?
COMMISSIONER HALAS: Second.
COMMISSIONER HENNING: No.
CHAIRMAN COYLE: Okay. Motion by Commissioner
Henning and second by Commissioner Halas.
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.
Page 13
Agenda Changes
Board of County Commissioners Meeting
May 11, 2010
Withdraw Item 16B4: Recommendation to award RFQ# 10-5482 - Lely MSTU Irrigation
Reuse Water Source Renovation to Hannula Landscape & Irrigation, Inc., in the amount of
$59,992.20. (Commissioner Coyle and Staffs request)
Item 1603: Executive Summary states five sites will be participating in the Voluntary Pre-
Kindergarten Education Program when the correct total is four sites; which include
Immokalee Community Park, East Naples Community Park, Max Hasse Community Park and
Golden Gate Community Center. (Commissioner Fiala and Staffs request)
Continue Item 16F1 to the Mav 25. 2010 BCC Meetim~:: Recommendation to approve a
lease purchase agreement with Zoll Medical Corporation for the replacement of twenty-eight
(28) AutoPulses for Emergency Medical Services in the amount of $146,655.31. (County
Attorney's request)
Move Item 170 to 12A: Recommendation to adopt an ordinance which would establish
a mechanism to create a dedicated source of revenue to fund an economic development
program and to advance economic development initiatives in zones of geographic
concentration within unincorporated Collier County. These zones, to be called Innovation
Zones, will be designated by the Board from time to time through the implementation of
Economic Development Plans adopted by Resolution for each Innovation Zone.
(Commissioner Henning and Commissioner Coletta's request)
Time Certain Items:
Item 10C to be heard at 10:00 a.m. (Commissioner's Coyle's request)
5/11/20108:41 AM
May 11,2010
Item #2B
MINUTES FROM THE APRIL 13,2010 BCC/REGULAR
MEETING - APPROVED AS PRESENTED
CHAIRMAN COYLE: I will also now entertain a motion to
approve BCC regular meeting minutes for the April 13, 2010.
COMMISSIONER HENNING: So moved.
CHAIRMAN COYLE: Motion by Commissioner Henning to
approve the minutes, second by Commissioner Coyle.
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: The motion passes unanimously.
Item #3A
SERVICE AWARDS -FIVE AND TEN YEAR ATTENDEES -
PRESENTED
CHAIRMAN COYLE: That brings us to service awards,
County Manager.
MR.OCHS: Yes, sir, Mr. Chairman. We have advisory
committee service awards this morning. The first award is for five
Page 14
May 11,2010
years of service on your Golden Gate Beautification Advisory
Committee to Richard Sims.
COMMISSIONER HENNING: He's not here.
MR.OCHS: Thank you, sir.
Your next service award is for five years of service on the Lely
Golf Estates Beautification Committee for Mr. David Larsen.
Please come forward.
(Applause.)
CHAIRMAN COYLE: Congratulations. Thank you very much
for your service. We need to have a picture taken.
Thank you very much.
(Applause.)
MR. OCHS: Commissioners, you have three recipients for ten
years of service on various advisory committees. First recipient is for
ten years of service on the Golden Gate Community Center Advisory
Board. Ms. Kaydee Tuff.
(Applause.)
CHAIRMAN COYLE: Let's get you a pin.
COMMISSIONER COLETTA: Good morning, Kaydee.
MS. TUFF: Good morning.
COMMISSIONER HENNING: You going to say a few words?
MS. TUFF: No.
MR. OCHS : Your next ten-year advisory committee service
award recipient for the Black Affairs Advisory Board, Ms. LaVerne
Franklin.
(Applause.)
CHAIRMAN COYLE: Good morning. Congratulations. Thank
you for your years of service.
(Applause.)
MR. OCHS: All right. And finally, Commissioners, for ten
years of service on the Health Facilities Authority, Dr. Joan Colfer.
(Applause.)
Page 15
May 11,2010
COMMISSIONER HALAS: Good morning, Joan.
Congratulations.
COMMISSIONER HENNING: Has it been ten years?
DR. COLFER: It's been ten years.
CHAIRMAN COYLE: Really flies when you're having fun,
huh?
DR. COLFER: It does. Thank you so much.
(Applause.)
Item #4
PROCLAMATIONS ONE MOTION WAS TAKEN TO ADOPT
ITEMS #4A THROUGH #4F - ADOPTED
Item #4A
PROCLAMATION DESIGNATING THE WEEK OF MAY 16
THROUGH MAY 22, 2010 AS COLLIER COUNTY EMERGENCY
MEDICAL SERVICES WEEK. ACCEPTED BY DAN SUMMERS
AND JEFF PAGE - ADOPTED
MR. OCHS: Commissioners, that takes you to Item 4 on your
agenda, proclamations. Proclamation 4A is designating the week of
May 16th through May 22, 2010, as Collier County Emergency
Medical Services Week. Proclamation to be accepted by Dan
Summers, and this proclamation's sponsored by Commissioner
Coletta.
(Applause.)
MR. SUMMERS: Thank you.
(Applause. )
MR. SUMMERS: Commissioners, if I may, just real quickly. I
wanted to mention that this proclamation is for all of us involved in
Page 16
May 11,2010
pre-hospital care. It reflects the bystander assisted CPR, the bystander
who notifies 911, our first responder partners in law enforcement, fire
service, our county employees that are engaged in emergency services
care. This means a lot. EMS has had a very busy year.
And most importantly, I would like to take this opportunity to
allow you, or to ask you to allow me to share this proclamation with a
team member that we lost recently, Paramedic Christian DeBossi
(phonetic), who was an outstanding leader, an outstanding partner
within our organization. We're going to miss him. We'd like to take
an opportunity to rededicate this proclamation to him as well. Thank
you.
CHAIRMAN COYLE: Thank you, Dan.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING MAY 10 THROUGH MAY 16,
2010 AS WATER REUSE WEEK. ACCEPTED BY GEORGE
YILMAZ, DANETTE HUFF, BETH JOHNSSEN, AND LISA
KOHLER - ADOPTED
MR. OCHS: Commissioners, Item 4 B is a proclamation
designating May 10th through May 16,2010, as Water Reuse Week.
To be accepted by George Yilmaz, Waste Department director;
Danette Huff, reuse manager; Beth Johnssen, Wastewater Operations
manager; and Lisa Kohler from the Big Cypress Basin/South Florida
Water Management District. This proclamation sponsored by
Commissioner Fiala.
(Applause.)
CHAIRMAN COYLE: Good morning.
COMMISSIONER HALAS: Hi, Beth. Good to see you again.
(Applause.)
Page 1 7
May 11,2010
MR. YILMAZ: Commissioners, for the record, George Yilmaz,
Wastewater Director, Public Utilities Division.
Thank you very much for this great proclamation. I would like to
have a chance to recognize our wastewater plant operators and our
plant managers who make it all possible by production of complying
reuse water 24/7,365, with their training (sic).
John Pratt and Dale Wolf. Please stand up.
(Applause.)
MR. YILMAZ: Indeed, these two gentlemen are 24 hours and
seven days and 365, and they salute (sic) with their Blackberries.
I want to also continue to recognize our water department who
are an integral part of all this program, and water department director,
Paul Mattausch and his team do an outstanding job maintaining our
reuse delivery system for effective distribution, and our Paul
Mattausch, water director, is here as well for recognition.
Paul.
(Applause.)
MR. YILMAZ: Now, I'd like to invite Lisa Kohler, from Big
Cypress Basin, for a few comments. Thank you.
MS. KOHLER: Good morning, Commissioners.
Water reuse is an integral part of South Florida Water
Management District's water conservation program. And the district
would like to recognize Collier County for its leadership, innovation,
and commitment to protect Florida's future water supplies through
water reuse.
As water managers and stewards of our local environment,
Collier County has chosen to take a leadership role in the development
of water reuse in South Florida.
The district is comprised of 16 counties, and Collier County is
the leader in the South Florida Water Management District.
The current reuse average of these 16 counties is 50 percent;
however, Collier County leads the way by using 96 percent, and 100
Page 18
May 11,2010
percent in the dry season. Your distribution system consists of 131
miles of pipe that serves 23 bolt customers, approximately 3,800
pressurized customers, which includes 20 golf courses, six county
parks and playgrounds, and over 50 miles of roadway medians.
On behalf of the Big Cypress Basin Board and South Florida
Water Management District, I would like to congratulate you and
thank you for being the leader. Thank you.
CHAIRMAN COYLE: Thank you, Lisa.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING MAY 25, 2010 AS NATIONAL
MISSING CHILDREN'S DAY. ACCEPTED BY FORMER
SHERIFF DON HUNTER - ADOPTED
MR.OCHS: Item 4C is a proclamation designating May 25,
2010, as National Missing Children's Day. To be accepted by former
sheriff Don Hunter. Proclamation sponsored by Commissioner
Henning.
(Applause.)
MR. HUNTER: Good morning.
CHAIRMAN COYLE: Hi, Don. How you doing? Good to see
you.
Thank you. Who's going to speak?
MR. HUNTER: Over here?
CHAIRMAN COYLE: Either one. Pick one. Whichever's
convenient.
MR. HUNTER: Whatever you say. I'm used to taking directions
from the commission, so.
COMMISSIONER FIALA: Yeah, right.
MR. HUNTER: Don Hunter, consulting person, I guess.
Page 19
May 11,2010
I'm here representing the National Center for Missing and
Exploited Children. I thank the commission for the proclamation
designating the 25th of May as Missing Children's Day, and it's a
celebration, if you will, or memorial on behalf of all the children who
are lost nationally, 58,200 being taken in non-family abductions on an
annual basis from our most recent study, and about 115 of those
stereotypical abductions. Forty-six of those children will be murdered
at some point by the people who take them, typically for sexual
purposes, and the exploitation of those children.
We're one of nine branches in the United States of America.
That's a pretty unique distinction. We serve the region. The main
headquarters of the National Center, of course, is out of Virginia. And
we think that we represent a pretty significant resource here locally in
this region for missing children.
I'd like to thank John Adams, captain of Naples Police
Department, Sergeant Becker, and their colleagues for being here this
morning. John is the retired regional agent in charge of the Drug
Enforcement Administration out of Fort Myers and has joined the
Naples Police Department. I'm glad to have him here. And Sergeant
Becker leads the way for the Collier County Sheriffs Office in our
exploited and missing children's group.
Again, thank you, Commissioners, for being so kind to issue the
proclamation. We invite you out on the 25th. We'll be in various
locations to help to identify children so that in the event that they go
missing, we'll be able to recover them immediately.
Thank you again. Good to see you-all.
CHAIRMAN COYLE: Thank you.
(Applause.)
Item #4D
PROCLAMATION RECOGNIZING VOLUNTEERS WHO
Page 20
May 11,2010
ASSISTED WITH THE FIRST PEPPER RANCH YOUTH HOG
HUNT AND TO ENCOURAGE CITIZENS TO VOLUNTEER IN
OUR COMMUNITY. ACCEPTED BY MELISSA HENNIG -
ADOPTED
MR.OCHS: Commissioner, Item 4D is a proclamation
recognizing volunteers who assisted in the first Pepper Ranch youth
hog hunt and to encourage citizens to volunteer in our community. To
be accepted by Melissa Hennig. Sponsored by Commissioner Coletta.
(Applause.)
MS. HENNIG: Thank you all very much. Melissa Hennig,
principal environmental specialist.
I just have to say that it was such a privilege to be a part of this
event. There were 18 volunteers, but I can't even call them volunteers.
They ran this thing. They ran the thing from beginning to end, and
they put more time in it in the three days alone, and it was just
amazing. And when those guys came up here and vouched their
support, it wasn't just lip service. They all came together.
And I also wanted to thank some organizations, not just
volunteers. The Collier County Sheriffs Department, they provided
the shooting range and volunteers to help the kids with the rifles in the
beginning for marksmanship, and they also provided a water buffalo
which provided potable water. We didn't have water there, so that --
we couldn't have did it without them. We had to cook for 48 people.
Hole Montes provided Friday's dinner. Collier Environmental
Consultants, Inc., Golden Gate Nursery. They provided com for
baiting the sites. That's something else the volunteers did. They went
out and baited the sites with some com. Earth Tech Environmental,
LLC; Bob Dorta, Taxidermy; and Collier Sportsman and Conservation
Club. They all sponsored this event also.
And I just want to thank Wayne Jenkins. He's here. He was our
hunt master for the event. And that's just not a title that comes lightly.
Page 21
May 11,2010
He had to give up a weekend and go up to -- near Ocala and learn all
about the safety with FWC. And there's three other gentlemen in the
county that are now certified hunt masters, so I think this program's
just going to keep getting better.
Thank you. I had put together a small slide show, but Wayne
told me that the volunteers are going to present later in a few weeks,
so I don't want to steal their thunder. Thank you.
(Applause.)
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Commissioner Henning
also wishes to ask a question.
CHAIRMAN COYLE: Yes.
COMMISSIONER COLETTA: Melissa, we're at the point
where we're looking at the possibility of retaining at least in part, if
not in whole, the Pepper Ranch and the hunting -- the limited amount
of hunting to take place there possibly for a youth hunt. There's going
to be a meeting taking place on Wednesday, is it?
MS. HENNIG: Tomorrow night at 5:30, Building W, here on
campus. It's over by the museum.
COMMISSIONER COLETTA: Okay. And the discussion's
going to be about?
MS. HENNIG: It's going to be about -- we want input from the
public on whether they would like to see the ranch reserved only for
youth hunts or for a general public hunt. And, of course, when I say
general public hunt, it would still be organized and controlled and a
quota hunt. We're not just going to let people go and hunt everything.
We'd have a population survey on the animals and have a quota.
COMMISSIONER COLETTA: You need to know, fellow
commissioners, that Melissa applied herself to the point that she even
took the hunter's safety course so she could better understand what the
needs were. Very, very proud of this young lady.
And Wayne Jenkins, thank you so much for everything that you
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May 11, 2010
put into this. I mean, you made a tremendous difference. I'm sure we
have a number of people that -- the young people that have
experienced the outdoors in a way that would never have been
possible for them. I'm sure this will do nothing but grow as time goes
along.
COMMISSIONER HENNING: Melissa, tell me the -- what you
noticed about the experience of the children.
MS. HENNIG: They were all very polite. They weren't just into
killing, you know. You know, I'm not a hunter. I've never hunted.
I'm an environmentalist. I spend a lot of time in the woods, and I see
the -- now. And the hunters would always tell me how similar we
were.
And when I was out there and I took the class, I saw that when
they go in the field, they take the same precautions we do, take a map,
take water, take the compass, take your GPS, look for wildlife.
They're into preserving. Conservation is the wise use of your
resources. It's not just preserving to the point where populations reach
the carrying capacity and then implode on themselves, which may and
could happen with hunt- -- if hunting weren't a tool for management.
And that's where we're going to work together with the hunters
and use hunting as a land management tool at Pepper Ranch, not just
recreation, but, you know, maintain the hog population, study the deer
population with the help of hunters in the field so we can get a better
feel. If there's too many does, then lower that population.
But as for the event, it was just -- it was -- I use the expression
surreal because it was just -- it was a lot of fun. I didn't expect to have
as much fun as I did, and it was great to see the kids out there enjoying
it and not just there to kill something. They were there to enjoy it.
And the big stars of the show were the deer and the turkeys they saw.
That's what they talked about. There was a little bear that ran around
camp that everybody got to see, and it was just really, really a neat
expenence.
Page 23
May 11,2010
COMMISSIONER HENNING: Good.
CHAIRMAN COYLE: Thank you very much, and
congratulations to both of you for doing just such a good job.
MR. JENKINS: Commissioners, if I may -- I apologize. We
have a presentation coming to you a little bit later on, and we'll go into
more detail on this. But I'd just like to say, this is probably the most
give back I've ever had the opportunity to give.
I was fortunate enough many years ago to have a gentleman take
an interest in me, taught me the woods, and it was so beneficial to see
the young kids out there enjoying themselves.
We have one of the fathers of one of the children that participated
who says his child still can't get over -- can't quit talking about this.
And this is the kind of impression that I -- have really been blessed to
see all this happen.
I had a case of a mother, a single mother, her husband had passed
away a few years ago. She didn't have any connection with hunting.
The young man who was in that kind of -- we go through that
withdrawal stage from Mom, whatever Mom says is wrong and I
know better. This young man was the first one to harvest a hog, and
you should have seen the change in that kid for the whole weekend.
So it's very gratifying. Thank you very much.
CHAIRMAN COYLE: Thank you, Wayne.
(Applause.)
Item #4 E
PROCLAMATION DESIGNATING MAY 6 THROUGH MAY 10,
2010 AS SALVATION ARMY WEEK. ACCEPTED BY CAPTAINS
ALEJANDRO AND NELINDA CASTILLO - ADOPTED
MR.OCHS: Commissioners, Item 4E is a proclamation
designating May 6th through May 10,2010 as Salvation Army Week.
Page 24
May 11,2010
To be accepted by Captains Alejandro and Nelinda Castillo.
Sponsored by Commissioner Fiala.
(Applause.)
CHAIRMAN COYLE: Good morning. Thank you very much.
COMMISSIONER FIALA: Good to see you again.
CHAIRMAN COYLE: Good morning. Thank you very much.
(Applause.)
Item #4F
PROCLAMATION DESIGNATING MAY 22 THROUGH MAY 28,
2010 AS SAFE BOATING WEEK. ACCEPTED BY ANDY EVV A-
ADOPTED
MR. OCHS: Item 4 F is a proclamation designating May 22nd
through May 28,2010, as Safe Boating Week. To be accepted by
Andy Evva, and sponsored by Commissioner Fiala.
(Applause.)
CHAIRMAN COYLE: Good morning, Andy. How you doing?
Good to see you.
DR. SMITH: Wear your seat belts and your life jackets.
CHAIRMAN COYLE: In my car, yes.
MR. EVV A: May I speak?
CHAIRMAN COYLE: Sure, sure.
(Applause.)
MR. EVV A: As one of the staff officers of Auxiliary 96,
Wiggins Pass, I would like to extend the appreciation of the flotilla for
your proclamation and continued support of safe boating.
I would at this time like to introduce Dr. Philip Smith, our public
education officer, who will read you a -- the directive of U.S.
Coastguard Commandant Admiral Allan regarding boating safety and
how we will be complying with it at the auxiliary.
Page 25
May 11,2010
DR. SMITH: I would hope everyone will take Admiral Allan's
advice, because this is what we try to teach every time we have a
boating safety course.
There are only four items. One is, wear a life jacket. In Florida
it's hot. We try -- we have ways to get around that, but you've got to
wear a life jacket. Take a boating safety course, get a vessel safety
check, and don't operate under the influence, either on the water or on
the highway. Thank you.
(Applause.)
COMMISSIONER HALAS: Motion to approve today's
proclamations.
COMMISSIONER FIALA: Second.
COMMISSIONER HENNING: Second.
CHAIRMAN COYLE: Okay. Motion to approve today's
proclamations by Commissioner Halas, second by Commissioner
Henning.
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, like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
Item #5A
PRESENTATION BY BUREAU OF EMERGENCY SERVICES
DIRECTOR DAN SUMMERS REGARDING THE DEEPWATER
HORIZON OIL SPILL RESPONSE - PRESENTED
Page 26
May 11,2010
MR.OCHS: Commissioners, that takes us to Item 5A,
presentations. This is a presentation by Bureau of Emergency
Services director Dan Summers regarding the Deepwater Horizon oil
spill response.
MR. SUMMERS: Commissioners, good morning. Dan
Summers, director of Bureau of Emergency Services and Emergency
Management.
I'll confess, I have a lot of information here I have tried to boil
down, and I know you have some time constraints today. So hold on.
Here we go. Let me get through it and then make sure we have ample
time to address your questions or concerns.
I wanted to give you a brief situation update. I wanted to review
some of the highlights of the BP and the federal response, the state
actions, local actions we've taken, some -- clarify with you-all some
recovery collection methodologies, and answer your questions.
As you know, the Deepwater Horizon spill incident continues,
unfortunately, with about 5,000 barrels or 210,000 gallons of spill per
day. The dome operations were not successful unfortunately. We
monitored that carefully on Friday night and Saturday morning, and
BP continues to work aggressively with other remediation techniques.
The winds and the currents continue to be in our favor meaning
that the plume continues to drift away from the Florida coast at the
present time. The trajectory of those plumes are only good for about
72 hours. NOAA does that modeling from their Office of Scientific
Support. And, again, there are no threats to Florida at this point.
The Loop Current which got a lot of folks a little unnerved -- this
spill is well away from the loop current. Doesn't mean that it may not
be a factor at some point in the future. And -- but, again, no impact
from the loop current.
There are very good modeling resources out there that we're able
to view from day to day; however, just due diligence requires that the
State of Florida continue to plan.
Page 27
May 11,2010
Our beaches are open. We ask folks to come and enjoy. That
has always been our message from day one in the current process.
The state and BP have now sent out a survey instrument to local
hotels, motels, and businesses so that they can gauge the impact, any
local economic impact associated with the spill.
This is -- as of late yesterday evening, this is the current
modeling of the spill. And if you will note in the far right-hand comer
there, we're about 298 statute miles from the leading edge of the spill
to St. Petersburg, and that adds about another 100 miles from the
northern point of Collier County. So the -- any leading edge is still
close to 300-some miles away.
The booming discussion that you continue to hear on the national
news or even on some of the local news, the booming is -- the
booming efforts are for the county's -- most northern counties of
Florida. That is not a scenario for the counties along the southern
peninsula. This is just for the northern counties where there's actual
heavy product on the top of the ocean, not any weathered oil products.
So while there was a big discussion statewide of booming
planning, the boom's philosophy is not something that we would have
as a response in mitigation technique necessarily in Collier County,
and I'll address that further here momentarily.
The BP and federal actions, almost 10,000 personnel on site.
Almost 3.4 million gallons of oil and water mix has been recovered.
There are 335 response vessels in use, 308,000 gallons of
disbursement, 121,000 feet of boom. Four hundred fifty BP and
contract personnel are working in the State of Florida, and our area of
coordination will be Coast Guard Office, St. Petersburg.
We had an early confliction with them in that part of their area of
responsibility split the Ten Thousand Islands. I protested that because
I did not want to share area command between Key West and St.
Petersburg. St. Petersburg has graciously offered to take care of all of
Collier County within its response. So I only have one command or
Page 28
May 11,2010
separation there to work with.
I wanted you to see the discussion related to the boom and the
boom products. This is the typical ocean type boom. There was some
concern as to why we didn't stock this. This is a good illustration of
how heavy this is, how manpower intensive, how large, how
expensive, and the docking or wharf resources that are needed to get
involved in that. It is not something in our hazard analysis or
vulnerability for Collier County that would press us to own something
like this just to make sure that we had access to it. As you can see,
this is very robust, very heavy duty material.
Real quick, one of the successes that the governor has had, he
does have a $25 million block grant in his hand, cash on hand from BP
to help address some of the northern counties' initial local preparation
response capabilities. The governor, rightfully, did declare a state of
emergency for those associated counties and expanded that later on to
come all the way down to Sarasota County. But, again, that was an
effort to make sure that he had due diligence primarily with the federal
authorities with leaning forward with their planning.
Again, you-all have seen the issues and the pictures here of the
magnitude of this industrial accident.
Let me tell you a little bit about local actions real quick. First of
all, let me tell you that in coastal North Carolina, I did have the
opportunity to drill and practice with the Atlantic strike team with the
United States Coast Guard out of the port of Wilmington, so I am
familiar with these ocean booming and coastal remediation strategies.
Certainly we didn't drill or have an event of this magnitude in coastal
North Carolina, but I am familiar with how to properly integrate with
the Coast Guard.
I did immediately make aware the state and BP of our ten inlets
in Collier County that could have about 102,000 linear feet of boom
based on our area contingency plans that we had on file. I went on
ahead and did a hurricane response exercise yesterday with 65 people
Page 29
May 11,2010
in our emergency operations center, again, doing a little bit of briefing
on the oil spill, little contingency in making sure that we deconflict
(sic) any minor issues with our EOC. So we are at top readiness
posture today.
We have really pushed out notification to local environmental
and wildlife groups that they need to get on board with Florida Fish--
Florida FWC and DEP. There's a real issue here that spontaneous and
converging unaffiliated volunteers should not participate in this effort.
There is a liability issue, there is a compensation issue, and there is a
training issue.
BP has contracted with Tri-State Bird in accordance with the Oil
Pollution Plan as their organization to manage wildlife cleanup
because the documentation is so intensive. So there is a leaning arm
of that.
Within Tri-State Bird, there's a sub-affiliation, such as Florida
DEP, FWC and other environmental groups that will work with them.
So there is a hierarchy that needs to be in place to have these
volunteers mobilized, receive the proper training, if necessary.
I will tell you that I have made sure that we have training
resources available should it become necessary. Some of those might
be available through our own Risk Management Department, our
Local Emergency Planning Committee based out of Fort Myers,
community colleges, et cetera, even making sure that, ifnecessary,
we've got web-based training tools to manage some of that hazardous
materials, OSHA standard 1910.120 requirements.
The Florida Division of Emergency Management DEP, Secretary
Soles, are the lead on this from the state. They have been in contact
with us at least twice a day keeping us updated. They've done a very
good job. I'm very confident in the response mechanism that the State
of Florida has in place at this particular point.
In addition to some of our other efforts, our hurricane debris
removal contractor, our prime, AshBritt, has already embedded in
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May 11,2010
Pensacola with that operation. They are qualified and are set up with
us within a scope of bid, scope of work, to do hazardous materials
cleanup. I've been in contact with them almost daily so that if I
needed to position a contractor here in any case, whether it's us to
move forward or to augment state or BP efforts, we have that lined up.
Also, the State of Florida has hired additional contracting, WSI,
an internationally sized organization to be ready for additional
support.
I've got additional scientific support on standby if needed. And
actually this meeting has been moved tomorrow, but the Coast Guard
will be meeting with Rookery Bay officials tomorrow for some
additional environmental contingency planning.
I wanted you to be aware, this is not a typical FEMA hurricane
response in the reimbursement posture. This is entirely different
under the national contingency plan and that we work with BP. They
are the responsible party. They do have the right to be involved and
coordinate and contract and -- but you want them to spend the money
up front, and they are here from cradle to grave, from beginning to
end, including business impact.
They have already opened up ten claims offices in northern
Florida with local people on the ground there to assist with any claims.
The old Liability Trust Fund is readily available, and I believe it's
our own Senator Nelson that's making a recommendation that that
trust fund ceiling be elevated.
The Coast Guard has an excellent and very large coordinated
effort underway.
Some additional actions. I shared with the county attorney last
week a sample state of emergency, should it become necessary, since
it's a little different in language and read related to the governor's
actions and the BP response. We have got a claims coordination
process for local government now, and most importantly, Secretary
Soles has committed that rather than using local funds, should they be
Page 31
May 11,2010
needed -- and, again, he stresses letting BP manage this up front and
support BP and expedite BP, but he is, more importantly,
recommending that if additional resources are needed, that you let the
state contract and you let the state front those costs rather than be
reimbursed. So my compliments to the state in being able to put that
cash out the door first rather than us having to carry that financial
burden.
Weare prepared, again, to run media briefings. Weare well --
very much ready to put together a consolidated environmental effort.
We may not activate the EOC, but we might bring all of the
stakeholders together and make sure that we are deconflicting (sic) all
of the information that's made available.
We have -- I'll turn your attention to the GIS mapping resources
that we have done. And thanks to Burt Miller, Rookery Bay, and
others, we have gotten the area contingency plan noted here and
updated with new aerial photography and geometry on our particular
beaches. We are -- this will give us a baseline of anything we need to
do, whether it's absorbent or dividing the mission up in sectors.
This is a very small resolution, but we have the area diverted--
boom plan -- again, boom is not the primary methodology, but we
have got very good visualization now of the vast areas in the
environmentally sensitive areas in Collier County so that if we have to
go to work, there won't be any question geographically where we need
to be.
The media has -- and Coast Guard has done an excellent job of
keeping the information current, real time. These are the five websites
that I think are the best, particularly incidentnews.gov and
deepwaterhorizonresponse. Everything the Coast Guard's been doing
has been very open, forthright, and readily available for discussion.
Let me mention to you collection methodologies real quick. You
saw the large boom, you see this boom application here. And
understand that booming is for heavy sheen product on the surface.I
Page 32
May 11,2010
That's what the northern counties are faced with should that heavy
sheen or slick move forward.
What the secretary has reminded us, that if this spill comes this
far south, this will be a very weathered product and the boom will not
be effective, meaning that the product is likely to be in different layers
of the water column. Some of it could be near the bottom, some of it
mid -- along the water column, some of it on the surface. So -- and it
could be something referred to as tar patties or tar balls or even tall --
tar strings, as this material weathers.
So while we would think that the best interest is to put boom out,
boom is only gathering the first inch or two off of the top of the
surface, and we have to go to other techniques.
The other techniques may be the absorbent pads. There are a lot
of things being reviewed by NOAA and Coast Guard. They can be
synthetic materials, natural materials, the chemical dispersants and
that kind of thing. But even this is not the magic bullet in terms of
what may happen with this material weathering throughout the water
columns.
So to tell you that there is an easy fix or an easy remediation is
not correct yet if -- and again I stress if -- any of that does wash up
here. It basically may wind up to hand type collection.
This is what we have done. We took the area of contingency
plan. This is one of the efforts that Burt Miller's folks have done a
great job with. This happens to be deflection booming at Marco, so
we have this already mapped out to scale. We can hand this to Coast
Guard and contractors, and they know immediately how to go to
work. We've identified staging areas for the very large land-based
operation that will be necessary to support this.
This is a slightly different pattern. This is if we have to collect it.
Now, granted we're mapping this as booming, but we understand that
the material may be entirely different. Again, the good news here is
the consolidation of GIS information that Burt, Rookery, the city, and
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May 11,2010
others have helped us put together.
So you have the large illustration here. So we can manipulate
and zoom this so that we can very quickly go to work without having
to deconflict any of the geographical or beach issues.
In summary, we're ready to go to work. We think that BP is
ready to act swiftly. We have the ability to bring BP here at some
point should it become necessary. And we want to make sure that we
centralize our operations out of the EOC with all the different
stakeholders so we can coordinate accordingly.
I've been in touch throughout the process with J ack Wert, from
Tourism, with Gary McAlpin, who is here, Jenelle (phonetic) is here
also from CVB, Mike Bauer at the city, and also the mayor, and keep
them abreast if necessary. I've also had one briefing with the fire
service and may have another this week to keep them updated. So I
think we're fairly well positioned.
And I'll stop here and let you know that we have an abundance of
numbers and information that we can refer individuals to. And let's
see if you have any questions.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I have three questions. First
one, how -- somebody just asked me this this morning. How old was
this rig that exploded?
MR. SUMMERS: Ma'am, I do not have the age of that particular
rig, and -- I do know this was a very unusual deepwater -- hence the
word Deepwater Horizon is the name of the rig. I do know this was a
very unusual depth type operation, and certainly some of the
preliminary indications now are that they hit some type of methane or
natural gas pocket that generated this. So I'm sorry I don't have the
history. I'll look into this.
COMMISSIONER FIALA: Yeah, I was just -- if you can just
email me then --
MR. SUMMERS: Yes, ma'am.
Page 34
May 11,2010
COMMISSIONER FIALA: -- tell me how old the rig was so I
can tell this person.
Second of all, it said some of the absorbents. One of them it
mentioned was hay. Is it hay or straw?
MR. SUMMERS: Ma'am, it can be either one, but the state has
told us today that the only -- the hay or the straw, the silt fences are
only effective with heavy product and the material that's on the
surface. If this becomes lighter in terms of a lighter sheen or it
becomes the balls or the patty, the hay, the straw, the horsehair, and
the silt fences are likely not to be very effective. But they are
reviewing those options as we speak.
COMMISSIONER FIALA: My last question -- by the way, I
want to thank you for coming out to the Marco Island Kiwanis Club
next week. That's very nice of you, because they're all very concerned
MR. SUMMERS: Yes, ma'am.
COMMISSIONER FIALA: -- being a barrier out there. Or I
don't know if it's a barrier island. An island, let me just call it that.
MR. SUMMERS: Yes, ma'am.
COMMISSIONER FIALA: You were mentioning the people
that you had met with. Did you meet with the new interim city
manager over on Marco?
MR. SUMMERS: I presented to the Marco City Council at their
regular meeting. We talked briefly, but I gave them somewhat of a --
and, again, it was about a week old, but I gave them an abbreviated
presentation at Marco City Council. So they're aware. I also had one
meeting with Marco fire chief on some of the early boom strategies.
COMMISSIONER FIALA: Thank you.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: I'm noticing in some of the
photographs of the spill that the oil is actually turning a reddish tint,
and I'm told that it -- because of the salinity in the water that it's
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May 11, 2010
turning the water into an algae. Is that true?
MR. SUMMERS: I can't confirm the algae, but what we are
seeing is the natural weathering. The federal authorities, NOAA
Scientific Support, are looking at all types of alternatives. If it is
algae, can we use some other microbe type material to help break it
down in addition to the chemical dispersants. That orange is a natural
weathering. Much beyond the biology of that change, I'm not -- don't
have the expertise to give you the details.
COMMISSIONER HENNING: Thank you.
MR. SUMMERS: I'll be glad to find out some more information,
.
SIr.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. Just one little note. I
wanted to remind the public out there that the Collier County
Commission has been opposed to drilling off the coast of Florida. In
fact, I believe the chair has written a letter to our state delegation to
that effect.
CHAIRMAN COYLE: You bet ya.
COMMISSIONER COLETTA: If anything, I think this gives us
more reason to reconfirm our original decision and stay with it.
CHAIRMAN COYLE: Good. Thank you very much, Dan.
MR. SUMMERS: Thank you.
CHAIRMAN COYLE: Good.
And we have a time certain.
MR.OCHS: Yes, sir.
CHAIRMAN COYLE: We're two minutes late.
MR. OCHS: Dan, make a note, you're two minutes late.
MR. SUMMERS: Yes, sir. Thank you all.
MR. OCHS: Thank you, Dan.
Item #10C
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May 11,2010
RESOLUTION 2010-97: DOCTORS PASS AND NORTH PARK
SHORE EMERGENCY BEACH RE-NOURISHMENT
RESOLUTION, MAKE A FINDING THAT THESE BEACHES
ARE CRITICALLY ERODED AND TDC FUNDS CAN BE USED
FOR THE RE-NOURISHMENT, AUTHORIZE THE EXPEDITED
HANDLING OF A TRUCK HAUL/INLAND SAND SOURCE
PERMIT MODIFICATION, WAIVE THE FORMAL
COMPETITIVE THRESHOLDS IN THE PURCHASING POLICY
AND APPLICABLE STATUTES BASED ON A VALID PUBLIC
EMERGENCY TO RE-NOURISH THESE BEACHES, AND
REAUTHORIZE THE EXPENDITURE OF $1.5M CATEGORY A
TOURIST DEVELOPMENT FUNDS AND REQUEST
AUTHORIZATION OF ANY NECESSARY BUDGET
AMENDMENTS - ADOPTED W/STAFF'S
RECOMMENDATIONS
MR.OCHS: Commissioners, that takes us to your 10 o'clock
time certain. It's Item 10C on your agenda. It's a recommendation to
approve the Doctors Pass and North Park Shore emergency beach
renourishment resolution, making a finding that these beaches are
critically eroded and TDC funds can be used for renourishment,
authorize the expedited handling of a truck haul inland sand source
permit modification, waive the formal competitive threshold in the
purchasing policy and applicable statutes based on a valid public
emergency to renourish these beaches, and authorize the expenditure
of $1.5 million of category A tourist development funds, and request
authorization of any necessary budget amendments.
Mr. Gary McAlpin, your Coastal Zone Management director's
here to present, sir.
CHAIRMAN COYLE: Okay. Mr. McAlpin, go ahead.
MR. McALPIN: Thank you. For the record, Gary McAlpin,
Coastal Zone Management.
Page 37
May 11,2010
The area just south of Doctors Pass and the area in the -- just
south of the county's public beach access at Seagate Drive, about a
thousand feet on both of those, has experienced significant erosion
over the past because of these past winter storms and Tropical Storm
Fay.
If you -- since January '09 to February '10, those seven months in
there, these sections of beaches has eroded. The width of the beaches
has eroded 38 feet, and that we have lost -- 46 percent of the volume
from the last five years that we've lost during that period of time has
been lost in the last seven months. That's because everybody knows
we've had a terrible winter, a very cold winter, and all-- when we
have a cold front coming in, we have a storm associated with that, and
our beaches, because they are so shallow, are very susceptible to low
volume storms as opposed to the heavy hurricanes.
So we've experienced the worst erosion recently that we've
experienced for quite some time. The beaches have eroded worse than
the -- than they were -- they were more eroded in these two locations
before the last major beach renourishment in '05 and '06. And if they
continue with the -- if we continue with the erosion that we have
experienced for the last seven months, it's going to threaten the upland
structures.
So we're looking for a major beach renourishment -- we're
looking for a renourishment in these two spots. We're looking at a
total of37,000 cubic yards. Our preference would be to do one beach
renourishment all at once that would address both of these areas, about
27,000 cubic yards at the Doctors Pass area, and about 8- to 10,000
cubic yards at the North Park Shore area.
But that -- our ability to do a renourishment is going to depend
on our ability to get a biological opinion from the Fish and Wildlife
Service. Once we know -- once we have the biological opinion, we
would prefer to do it all at once.
If we do not get a biological opinion on a timely basis for the
May 11,2010
Fish and Wildlife Service, then we would do this project in two
phases. The first phase would be to put 2- to 3,000 cubic yards of
material on the dunes areas just south of Doctors Pass where the first
two condominiums are. That is our worst -- worst area in terms of
erosion. And then we would follow up when we had the biological
opinion and when we could do the work for the 37,000 cubic yards of
material for both locations.
The way we would do this would be with an upland sand source.
We would -- we would have to modify the permit to get the upland
sand source in place. It would be a truck haul project, we're using a
combination of trucks and conveyors. The conveyors would eliminate
the need to have large trucks travel down the beach during turtle
nesting season.
And we would -- we would work around the clock. It would be a
four- to six-week project that we would undertake for the major beach
renourishment. If we did the -- when we -- if we did it in two phases,
the 2,000 cubic yards, the reason we would be able to put that sand on
the beach is we would be putting it upland of the turtle nesting
locations, and we would not need a revision to the biological opinion
to do that. All of the work would be on the landward portion that
would not -- be not subj ect to turtle nesting.
The area in the condominiums just in -- when the Doctors --
south of Doctors Pass, the two most northern condominiums at that
point are greater in distance than the half-mile guidelines that we are
using. We're using state guidelines. The county has adopted state
guidelines for TDC funds. But these are located within the City of
Naples, and there is a -- that if 80 percent of the entire beaches are
accessible to the public, which they are within the City of Naples, then
TDC funds can be used to renourish those beaches.
Those beaches have been used, have been renourished in 1996,
and they have been renourished in 2005/2006 using TDC funds.
So staff and the TD- -- and the CAC are recommending that both
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May 11,2010
the renourishment -- both the areas, Doctors Pass and North Park
Shore, be renourished. We would expect that this renourishment
would last three years until the earliest time that we would do the next
major beach renourishment; however, when we went to the TDC, at
the TDC meeting on May 3rd, the TDC only recommended that the
area of Doctors Pass be renourished. They felt that the Park Shore
area was not facing an immediate emergency at this point in time, and
they did not recommend funding for that area.
So they recommended that only the Doctors Pass area be
renourished, and they authorized -- recommended the authorization of
$1.1 million to accomplish that work as opposed to the $1.5 million.
Again, we believe that -- staff is recommending that both of these
be -- locations be nourished (sic) because of the erosion that we've
experienced, the 38 feet that is -- that has been eroded in the last seven
months. The volume that has been eroded, the fact that it is worse
than it was in the -- 2005/2006 prior to that renourishment, and that if
those -- if this rate of erosion continues, the upland structures could
possibly be in danger.
Also, it's a little bit of a contingency move or an insurance move
on our part, certainly at the Park Shore -- the North Park Shore area
with hurricane season coming, so we are looking at that also.
This renourishment will cost us $1.5 million. Councilman Sorey
is here. He would like to say a few words, and we're both available to
answer any questions that you would have at this point in time.
CHAIRMAN COYLE: Okay. Councilman Sorey?
MR. SOREY: Thank you, Mr. McAlpin.
Good morning, Commissioners.
F or the record, John Sorey, chair of your Coastal Advisory
Committee. I think Mr. McAlpin has reviewed most of the
information. The only two things that I would like to add is, he
indicated there was a question about the emergency status of the North
Park Shore/Seagate pedestrian access area. And in my opinion, this is
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May 11,2010
a maj or county access point.
And our concern is, if we don't put some sand there, we could, A,
be in a situation where this access point for county residents would be
a safety hazard and, secondly, the issue as to having some beach for
those residents to be able to access.
Another issue that has been raised, the turtle issue, frankly, if
you've had an opportunity to visit these sites, there is no beach for the
turtles to nest on, and we will comply with all requirements as far as
having monitors on the beach, watching the turbidity, those kind of
Issues.
So we will be prepared to answer any questions, and thank you
for allowing us to present this this morning.
CHAIRMAN COYLE: Thank you, Councilman Sorey.
Commissioner Henning?
We do have, by the way, eight speakers. If you want to wait, we
can do that, or you can ask the questions now.
COMMISSIONER HENNING: I want to ask my questions.
CHAIRMAN COYLE: Okay. Please go ahead.
COMMISSIONER HENNING: How did you come up with $1.5
million?
MR. McALPIN: If you look at the -- we did an estimate on what
would be required to refill the field template, which was what was
approved by DEP. That's 27,000 cubic yards of material for the
Doctors Pass area, and 8- to 10,000 cubic yards for the North Park
Shore.
We received pricing from a contractor that was -- that does truck
haul prices, and it was approximately $1.4 million. If we did a -- if we
did the 2- to 3,000 cubic yards at North Park Shore, it would be
another $100,000, and that came to the 1.5, sir.
COMMISSIONER HENNING: So it was based upon
somebody's estimate? It wasn't historical renourishment trucking in
then?
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May 11,2010
MR. McALPIN: No. It's based on -- it's based upon an estimate
at this point in time.
COMMISSIONER HENNING: Is -- would the local preference
policy apply?
MR. McALPIN: We have two contractors I -- that we would
solicit pricing from. One is a local contractor. The other one is an
out-of-town contractor. And what we would do is that when we -- we
would get prices from both of those contractors and select the one that
would have local preference and a favorable pricing.
COMMISSIONER HENNING: So it will comply to that.
MR. McALPIN: Yes.
COMMISSIONER HENNING: Okay. What is -- going back to
the Vanderbilt Beach issue where the beach is private property, we're
going to renourish private property in this. What guarantee do we
have for the future for the public to access that area that is being
renourished?
MR. McALPIN: I don't have any guarantees that the public will
always -- that the public would not (sic) be able to access these private
beaches. We are following the policy that we have used in the past,
and there has never been, at both of these locations, to the best of my
knowledge, where they have -- the public has enjoyed this area.
And over the last two renourishment programs -- so all I could --
there's no -- there's no guarantee, but we do have a history of having
the public enjoy these areas.
COMMISSIONER HENNING: We have to get easements from
the land attorneys to renourish this area.
MR. McALPIN: We have easements. We have a ten- -- the last
time we did it, we got a 10-year easement, so the easements are
currently in place.
COMMISSIONER HENNING: Why don't we get a -- something
from the landowner that we would have public access in perpetuity?
MR. McALPIN: If the -- if the board would direct us, we couldo
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May 11,2010
-- we could move in that direction. My concern is the timing, from a
timing point of view. This is an emergency from -- we would like to
get this sand in place during the early portions of the hurricane season
as a contingency.
So we would work with the -- if the board directs us, we would
work with the landowners to do that. We'd have to come up with
appropriate language.
Easements has taken a -- when we did the easements last time, it
took a significant amount of time. So whatever is the board's wish, we
certainly could look at doing, sir.
COMMISSIONER HENNING: Yeah. Spending $1.5 million
and later on one of the landowners ropes off their property, boy, what
an embarrassment that would be. Thank you.
CHAIRMAN COYLE: Okay. We're going to take a break at
9:30 (sic).
COMMISSIONER FIALA: 10:30.
CHAIRMAN COYLE: I'm sorry, 10:30. And we'll take public
speakers up until that time, and then we'll break and then come back
and complete it. We have eight public speakers. You'll be allocated
three minutes each, so please call the first public speaker, Ian.
MR. MITCHELL: The first speaker is Doug Finlay, and he'll be
followed by Margaret Grant.
MR.OCHS: Mr. Chairman, we can use both podiums, if the next
speaker would like to come up.
CHAIRMAN COYLE: Yeah. If you'd like, the second speaker
can come up. That's okay, Councilman Finlay. Go to that one. The
next speaker can go to this mike here and be prepared to speak as
quickly as possible, that way we can get all the speakers in in a shorter
period of time.
MR. FINLAY: Good morning. Mark Finlay --
CHAIRMAN COYLE: Good morning.
MR. FINLAY: -- City of Naples. Today you'll decide on two
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May 11,2010
emergency beach renourishment projects. One is a seriously eroded
area adjacent to Doctors Pass, and the other is a very important city
and county beach access site.
The Park Shore site used by the public rather extensively because
there is no other access site that is even remotely close. You'd have to
go up to Clam Pass or all the way down to Horizon Way.
We have no idea how much more sand will be lost before the
next renourishment, which is about three years away, so I trust you
will approve both.
Both of these emergencies illustrate our beaches have suffered a
tremendous loss of sand, not just in these areas. There are miles of
beach where the sand inventory appears to be no greater than what we
had prior to the last renourishment, and I'm speaking about areas by
the Naples Beach Club, south of Naples Beach Club down to the pier.
Last year about this time, I was before the commission, and I told
the commission that a ten-year renourishment cycle, as least in my
opinion, was overly optimistic. I'm not even sure how the ten-year
cycle came about, other than possibly a number was pulled from the
.
aIr.
Today we have, I think, enough history to know that a seven- to
eight-year cycle is needed to maintain a reasonably healthy beach. A
compressed cycle will obviously be more expensive, but some of the
give back might be fewer or smaller emergency projects like the one
that you are -- the two you're looking at now.
And this all points to something very important. We should
never again take money from the beach fund. The beach is our
greatest asset in Collier County. To maintain that asset, we must keep
a healthy reserve and not use those funds for additional marketing.
We are dealing with Mother Nature where there is unpredictability;
however, a healthy beach fund can give us some confidence as we
face that unpredictability in the future. And I thank you.
CHAIRMAN COYLE: Thank you very much.
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May 11,2010
State your name, please, for the record.
MS. GRANT: Yes. Good morning. My name is Margaret
Grant, and I'm a homeowner at Indies West, just south of Doctors
Pass.
And I have a couple of photographs here to illustrate the point of
the erosion that has occurred just south of Doctors Pass. If you --
could you put those on the monitor, please?
MR.OCHS: This one first?
MS. GRANT: The first one I'd like to do is this.
MR.OCHS: This one? Yes, ma'am.
MS. GRANT: This -- these illustration -- these are sea grapes
that are -- now there's just a cliff falling off the sea grapes.
Prior to the erosion, there was quite a footage of sea oats that was
planted by the city. They have all been washed off and eroded. And
the photograph below it, you can see the cliff. These are old stairways
that I would say were 15 years old that have been exposed now to the
erosion of the sand.
And the next photograph, this is just south of Indies West. Indies
West is right on Doctors Pass, and we have Gulf View. Their steps at
Gulf View, this is accessing their pool area in their condominium.
This -- the riprap has been totally exposed. That was all sand up to
their stairwell. So their stairwell was actually suspended in air,
levitating on its own.
And then the riprap in front of Gulf View Beach Club, as you can
see, again, this was all sand, and these are -- our tourists walked on the
sands on our beaches. So I just want to illustrate -- these photographs
illustrate the drastic crisis of the erosion that we've had on our
beachfront, plus water breaching our property, would just be
astronomical.
Thank you very much.
CHAIRMAN COYLE: Thank you.
MR. MITCHELL: The next speaker is Jane Earle. Followed by
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May 11,2010
Malcolm Chancey.
MS. EARLE: Good morning.
CHAIRMAN COYLE: Good morning.
MS. EARLE: My name is Jane Earle. I'm a resident of Naples
for 29 years, the last 19 which I've spent living at Le Pare. And I'm
here today to speak for the public who use the SeagatelPark Shore
access, which is to the immediate north of our building.
Ninety-five percent of the people who access the beach locate
themselves directly in front of our building. When we go to the beach,
we access about 150 feet down, and we have a wooden walkway to go
to the beach. But the entire public, 95 percent of them, are right
smack in front of our beach.
I spent the last weekend on the beach distributing fliers, asking
for their support, and -- by emailing all of you. And I have to tell you,
I was totally overwhelmed and shocked by the response of the people
coming out of the water to talk to me expressing their concern and the
emergency and thanking me.
I said, I'm -- we're doing everything we can. And Jim Coletta,
some of your friends were there. I hope they've emailed you.
Hopefully you've gotten some emails confirming this request.
They say a picture's worth a thousand words, so we provided you
with a couple of pictures. Gary, if you'd put on the -- oh. These
pictures were taken in March. This is not as drastic as what we went
through when -- in January and February when the water was clear
over up to the dunes and washing out the bottom steps of the access
ramp. The county has come in and put in the sand for us.
But you can see -- and you have them in front of you as well --
that the high tide water line is about 20 feet from the base of the
access ramp, and that's what washes out so much.
I'm going to go into my next speaker's time, if I can get through
these pictures.
Okay. The second picture, number two. This is a better view
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May 11,2010
that you can see where the high tide -- and the ones that you have in
front of you are probably more clear. But you can see where the -- oh,
that's upside down, I think.
There we go. You can see where the public has gathered in front
of our dunes, and they're pushed up against our dunes. In the lower
picture you'll see some spider veins of vines that we had our property
manager go out -- they were dead, and we didn't need a permit. But
we cut all those vines off so that the people would have access there.
And by two o'clock that afternoon, that's where they were seated.
The third picture shows the deva- -- shows the real beach erosion
and the devastation that the erosion has created. This is where our
public sits, and you can see the four-foot shelf and the wash-out from
underneath.
There have been people who feel that this is not an emergency,
but this -- we've never seen anything like this. And we may get some
buildup over the summer months, we expect to; however, we don't
know what's going to happen. And what I'm concerned about over the
next two years is, what's going to happen. You can see this could
wash out our dunes, but eliminate the public access. And the counter
CHAIRMAN COYLE: Okay. Jane, the time has expired. I'm
sorry .
MS. EARLE: I'm sorry. I was going into my next speaker's
time. Okay.
CHAIRMAN COYLE: Thank you very much.
MS. EARLE: We plead, beg, and implore you to approve this.
They all have my name.
CHAIRMAN COYLE: The pictures are worth a thousand words.
Thank you.
MR. CHANCEY: My name is Malcolm Chancey, and I'm
president of Le Pare Condo Association, which is the -- is the last
building on Gulf Shore before the turnaround. I'm sure you're all
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May 11,2010
familiar with that. That is the public access area.
This is not a Le Pare issue. It's a public access area. And as Jane
showed you, those pictures were taken in March. They were even
worse in December and January . We just didn't have -- we didn't take
the pictures then.
And, of course, that was during the cool, stormy season, high
tides. I'm a boater. Many of you probably are boaters. And there are
different high tides at different times of the year.
And the winter happened to be the highest of the high tides.
These pictures you just saw were taken in March.
Now, the issue is not just public access. It's also, when the public
cannot get to the beach, they're going to use the dunes. They're going
to use the dunes to get down to where there is sand.
And matter of fact, we already observed intrusion into the dunes
area now. People walk in front of the boardwalk -- to the boardwalk,
down to the beach through the dunes which, of course, is not what we
want.
So it's not a Le Pare issue, it's not an ownership issue. It's an
issue of public access, and that's the point I want to make. It's
something you have to deal with, because we have a lot of public that
use that beach. And I see them. And I enjoy watching them. There
are a lot of fishermen down there that use the groin as a fish haven,
and they do fish. We see a lot of porpoises there eating, so it's a great
asset to that particular area, but it's because of the groin and the
public's use and the people that use it for tourism, walks and so forth.
And so I urge you to seriously consider this issue.
Thank you very much.
CHAIRMAN COYLE: Just one question for you.
MR. CHANCEY: Yes.
CHAIRMAN COYLE: Have the condominium owners ever
attempted to keep the public off of that beach?
MR. CHANCEY: No, no. As a matter of fact, our owners in our
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May 11,2010
building don't even use -- as Jane pointed out, we don't even use that
part of the beach. We walk down and actually use the beach in front
of the Meridian, which is south about 150, 200 feet. It's the public that
use the beach immediately in front of our building. We're not
complaining about that.
It -- it's a nice asset for the public, for the county. To close that
would be -- I wouldn't want to -- I wouldn't want to think about the
complaints you'd get if that beach -- if that access were closed. But
it's not an issue for Le Pare. It's an issue for the government and
public access.
CHAIRMAN COYLE: Good. Thank you very much.
MR. CHANCEY: Thank you.
MR. MITCHELL: The next speaker is Russ Gowland, and
followed by Sarah Wu.
MR. GOWLAND: My name is Russ Gowland. I am the
president of the Gulf Shore Association of Condominiums, and I live
on Solomar and Gulf Shore.
Our association represents about 57 condominiums and
cooperatives that are located on the Gulf side and on the bay side, all
the way from Doctors Pass up to Seagate.
And I think most of the comments that I was going to make have
been made. To save time, I'd like to just respond to one. I've been on
the Gulf Shore Association Board for ten years. There's never been
any issue with public access. We have a very peaceful, amiable
situation.
The only agitation is, occasionally people will invade and go into
the sand dunes. And we've put some sea grapes to kind of prevent
that. But as the beach erodes, that problem will be -- will be larger.
And the people who live (sic), are very much aware of the
necessity to protect the sand dunes. The public, some of them don't
even live here. They're just visitors, and they're not as well educated.
I don't mean that they're -- have any harm intended, but it is an
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May 11,2010
exposure to more risk if we don't take care of the sand problem.
CHAIRMAN COYLE: Thank you.
MS. WU: Good morning. My name is Sarah Wu, and I am a
resident of the Seagate neighborhood and a very frequent user of the
North Park Shore Beach public access point.
I'm here to ask you to approve the recommendations of county
staff and to move forward with declaring this section of beach
critically eroded so that renourishment can take place.
This past winter my family has watched this beach get washed
away at an alarming rate. There are times during high tide that this
beach is completely gone, and public beachgoers have to climb
through the dune to gain access to dry beach.
I'm afraid that if you do not approve of the staff and Coastal
Advisory Committee recommendations, that this summer, during
hurricane season, which is just around the corner, we will see further
erosion of the dune and possibly property damage.
Our beaches are our number one asset here in Collier County,
and we must do whatever we can to protect them.
I ask you to approve staff recommendations. Thank you.
CHAIRMAN COYLE: Thank you.
MR. MITCHELL: The next speaker is Michael Field, and he'll
be followed by your last speaker, Ernest Wu.
MR. FIELD: Good morning. My name's Mike Field. I'm a
board member of the Gulf View Beach Club. I'm just south of
Doctors Pass in the neighborhood Indies West.
And this picture up here shows that, with respect to public access,
we have a very serious problem just by itself. I didn't even know that
was their beach. I always thought it was a public beach until it
disappeared, and now I find out it's a public beach.
But people walk along the beach there outside Gulf View to try
and get down to Doctors Pass. We see people trying to climb over the
rocks because they get trapped when the tide changes. I've seen some
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May 11,2010
incredibly dangerous situations. We see fishermen trying to get down
to Doctors Pass to the groins so they can fish.
So it's -- there's a lot of traffic along that beach, and it's not the
people that live in the condos. It's the people who are trying to get to
that section of the beach themselves.
We began seeking city and council aid on this issue back in
February and -- because we could see at that time, both at Indies West
and at Gulf Shore (sic), that we had a rapid erosion taking place which
was ultimately going to cause damage to our property.
The sand dunes since that time, as you can see here, have been
severely eroded at Indies West, and our riprap which -- some of which
I didn't even know we had under the sand, is fully exposed. And if the
seawall gets undermined or the dunes get undermined at Indies West,
we have a very serious problem. I think Indies West, in particular, is
one good storm away from a disaster, frankly, and I think some
emergency action is required.
What I would -- why I'm here is obviously to get your support to
finance some emergency action, but I think I would like to go further
than that and see if you can get the state to do a fully permitted
replenishment, because that's the only thing that really makes
economic and logical sense.
I realize that's probably a difficult assignment knowing the way
things work, but that's the only thing that makes sense. It would be a
more cost effective use of the county's dollars, and it would make
much more logical sense rather than having two disturbances.
The notion of holding up this permit for nonexistent turtles is, I
think, totally ridiculous, and I think somebody should explain that
some rational thinking takes place, despite good intentions some
people have. No active turtle beach is going to be disturbed by this
activity. The only thing that's going to be disturbed is public access
and a possible problem with danger to property.
Thank you very much.
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May 11,2010
CHAIRMAN COYLE: Thank you.
MR. SOREY: Commissioners, while Mr. Wu's coming up, I
want to personally and publicly thank Mr. Field and the Gulf View
owners. They have agreed to let us use their property to run the
conveyers on. So I wanted to thank them for that.
CHAIRMAN COYLE: Thank you.
Mr. Wu.
MR. WU: Good morning. My name's Ernest Wu. I'm a -- I don't
live on Gulf Shore Boulevard, but I am a Seagate resident and just
wanted to come and fully support our neighbors to the south, Gulf
Shore Boulevard.
We often use that beach, like my wife said. It is the best beach
for families because it is one of the rare places that is shaded. And
when you live here all round (sic), the sun exposure's a real issue, and
that is a very important section of beach, not only for me, but a lot of
our friends will drive down specifically to use that section of beach
because it the best shaded area of beach in the area.
We've always gone down there. Never had a problem with the
public access. Always felt welcome. And we went down there the
other day. We were a little taken back. You might think, just taking a
look, small snapshot. Why does this beach need to be renourished? It
looks okay. But I think the pictures really tell the true story, that you
just can't take one little snapshot. There's tides, there's moon phases,
there's winds. And it's the people who live there all year-round who
see this every day out their window who really have the feel of what's
going on. I think the pictures have shown it greatly.
So, again, we support renourishing these areas of beaches. Thank
you.
CHAIRMAN COYLE: Thank you.
That was our last speaker?
MR. MITCHELL: That was your last speaker.
CHAIRMAN COYLE: Okay. Ladies and gentlemen, we're
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May 11,2010
going to take a ten-minute break. We'll be back at 10:45 to continue
the hearing.
(A brief recess was had.)
CHAIRMAN COYLE: Okay. Ladies and gentlemen, the Board
of County Commission meeting is back in session.
Commissioner Henning, did you have a question?
COMMISSIONER HENNING: I have a question.
CHAIRMAN COYLE: Okay. Go ahead.
COMMISSIONER HENNING: For Mr. Klatzkow. How hard
would it be to draw up a legal document to get a public access in
perpetuity for this project?
MR. KLATZKOW: It wouldn't take much time at all to draw it
up. Your time is going to be going -- locating the owners and getting
them to sign off on it.
COMMISSIONER HENNING: Okay. Well, we know where
they live, right, or at least they have an interest in the property?
MR. KLATZKOW: Presumably, yes.
COMMISSIONER HENNING: And how many property owners
are we talking about?
CHAIRMAN COYLE: Thousands.
COMMISSIONER HENNING: No, no, no, no. I mean, you
have an association. I think there's all condos down there.
UNIDENTIFIED SPEAKER: There's Gulf Shore Association.
COMMISSIONER HENNING: Whoa. I think our staff is going
to answer that question.
MR. SOREY: Mr. Henning, having been involved from CAC
last time, it took us several months to get all of the easements, and we
ended up with about 50, as I remember, that we took a great deal of
effort on. Mr. McAlpin and I split them up, personally went to see
them. So the issue is the amount of effort getting these easements in
hand.
COMMISSIONER HENNING: I would like for our staff to
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May 11,2010
answer my question. How many properties are we talking about
getting a public access?
MR. McALPIN: There's approximately eight.
COMMISSIONER HENNING: Thank you. And you still have
to get a permit, a biological permit, prior to commencement; is that
correct?
MR. McALPIN : We have to get a revised biological opinion and
a permit modification, that is correct.
COMMISSIONER HENNING: And how long will that take?
MR. McALPIN: That's the -- that's the issue that we're not sure
of. We -- it will not happen before 6/15 . We know that for a fact.
We're hoping that the biological opinion will be issued shortly
thereafter. That's our latest information in working with FWC.
COMMISSIONER HENNING: 6:15 a.m., p.m., June 15th?
MR. McALPIN: June 15th.
COMMISSIONER HENNING: Okay. So we're talking
approximately a month before you could even start. I don't see any
sense on trying to make sure that the public access to enjoy the beach
should not -- should not be something that we put in a condition of. I
mean, it's just -- it's ridiculous. Have we had a problem in the past?
Not that I know of. Could it? Yes, it could. That's what I would like
to see.
CHAIRMAN COYLE: Finished?
COMMISSIONER HENNING: I'm finished.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. First, a question regarding
the bidding process, if I may. How did we arrive at the people that are
going to be delivering the sand, and how can we be sure that we're
getting a competitive price? I mean, right now I know these field pits
are starving for business, and in most cases they're selling off the
materials that they have stockpiled at below cost in order to be able to
just keep the lights on. How are we being sure -- be assured that we're
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May 11,2010
going to be able to get the best possible price?
MR. McALPIN: The sand source has to be permitted by the
State of Florida Department of Environmental Protection. We have --
there are a limited number of mines that, inlet mines, that are
permitted from there. We have chosen the mine that is permitted that
has the grain size for that mine as close to what we put on the beach
the last time. The -- it is -- it is a location that's in the northern part of
the state, just north of Orlando.
So we wanted to be very specific with the -- with the material
that we use because we didn't want to get into a big issue with DEP in
terms of them --
COMMISSIONER COLETTA: I understand.
MR. McALPIN: -- permitting the sand source. Okay. So that's
the first thing.
We have -- we have surveyed the community that does these
things from a beach renourishment point of view, and there are two
people that have conveyors which would allow us to put the material
on the beach. One is on the east coast and the other is on the west
coast, one that is here and -- within the City of Naples. We intend to
get prices from both of them. We've had some preliminary prices,
which is based on -- which we have based our pricing on, but we
wanted to get and will get prices for both of those contractors.
COMMISSIONER COLETTA: Okay. I appreciate that, and that
does take care of the issue of the conveyors. Now, the sand itself -- I'll
tell you the case in point I want to make is that, when Oil Well Road
was being contracted, we had an agreement with the Colliers that sand
was going to be provided, fill was going to be provided, at cost. Well,
what happened was, is that the contractor took a look at cost and
found that because of the depressed prices for fill, he was able to go
outside and get it below cost, at which time the Collier Corporation
reconsidered and lowered their price even further.
Now, not that I want to beat any corporation to death. I just want
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May 11,2010
to make sure that I'm reasonably assured of the fact that we're getting
the very best possible deal we can for the dollar that we're spending.
And I understand on the conveyors, I think that's wonderful. But
the sand, I understand it has to be a certified source. I did see beach
sand stockpiled at one of the fill pits not too long ago that I was taking
a tour of, just sitting there waiting for the time it would be needed, so
it's not going to have to be extracted from the ground.
How many places locally within easy reach -- because I know
transportation is a big factor in the cost -- can supply this level of
beach sand that's certified?
MR. McALPIN: Locally.
COMMISSIONER COLETTA: Yeah.
MR. McALPIN: None.
COMMISSIONER COLETTA: Oh.
MR. McALPIN: The sand source is one of the most highly
regulated commodities within the state. The -- because it has to have --
they look at the percent silica, they look at the percent fines, they look
at the medium grain size.
We -- the last time we did a major renourishment, we spent over
$2 million identifying and dealing with the sand and the sand source.
There's only -- there's a number of mines throughout the state, most of
them located up towards the middle part of the state, that are -- that are
permittable, that had -- their sand is permittable in this location.
They try to match the exact sand grain size with the native beach
to what we bring in and deal with that.
So we'll survey the area again if we can go with a local source,
Commissioner, but there's no -- there's no -- all of the sources of sand
that we have used, even when we have done truck haul proj ects in the
past, have always been from outside the area.
COMMISSIONER COLETTA: But forgive me. The sand
eroded from this beach. Why do we want to put an exact duplicate
back?
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May 11,2010
MR. McALPIN: We want -- DEP regulates that. We want as
large a grain size as we can get --
COMMISSIONER COLETTA: Okay.
MR. McALPIN: -- which stays on the beach. And that's--
COMMISSIONER COLETTA: I understand.
MR. McALPIN: Okay. And that's what we're trying to do.
COMMISSIONER COLETTA: And where will the sand come
from?
MR. McALPIN: The sand would, we have identified up to this
point, is coming -- is coming from a sand source which is called
Ortona, which is north of Orlando.
COMMISSIONER COLETTA: Whoa.
MR. McALPIN: And that is -- and that is a pit that has been
approved by the State of Florida.
COMMISSIONER COLETTA: So we're going to be paying the
trucking fees all the way down from Orlando.
MR. McALPIN: We're paying a dollar per cubic yard placed on
the beach, and that's approximately $39 a cubic yard.
COMMISSIONER COLETTA: And I understand the urgency to
be able to get this going. And the last thing I would want to do is
delay this process two or three months and lose the valuable asset of
the beach because of a sand source at this time, but I do want you and
the technicians within your staff to be able to meet with me and
possibly a couple of local pit owners where we can discuss this
situation of sand and certification and cost to be able to see what we
can do to be able to make sure we're meeting the very best needs.
I'm not totally convinced that this is the right direction to go, but
I'm not going to argue because of the emergent situation; however,
with that said, Commissioner Henning brought up an issue that's very
dear to my heart, and it has to do with access. And one of the things I
want to make sure is that if we're going to renourish this beach -- and I
assume that we are and hopefully we are -- what guarantees we're not
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May 11,2010
going to have another Moraya Bay in the future where somebody's
going to try to stake it out? Can we get some sort of assurance from
the people, those -- how many houses you said, eight houses was it?
MR. McALPIN: It was approximately eight condominium units,
yes.
COMMISSIONER COLETTA: Okay. What kind of assurance
can we get that they won't be challenging us for maybe a period of 150
years or something like that?
MR. McALPIN: I think if the board directs us to move forward
with some type of agreement for perpetuity, as Commissioner
Henning has asked, we will attempt -- we will do that, we'll attempt to
do that.
COMMISSIONER COLETTA: Okay. I'll make a motion to
approve this item conditional upon the in-perpetuity agreement with
those eight condos to be able to allow us to proceed and protect the
public's best interest.
COMMISSIONER HENNING: Second.
CHAIRMAN COYLE: Okay. We have a motion to approve
subject to the negotiation of an agreement for public use in perpetuity
by the property owners.
I'd like to have the county attorney explain to us the property
ownership structure in those condominiums and who we would have
to negotiate with in order to get the necessary agreements.
MR. KLATZKOW: You'd have to go to the documents.
Something like this might require a vote by the ownership. I don't
know. Each condominium document is a bit different, but I'm
assuming that it'd have to be a vote by a majority of the owners to do
something like this.
And what I'm getting at is, the motion is, before we expend
public funds to renourish a beach, we want the beach dedicated to the
public; is that the gist of the motion?
CHAIRMAN COYLE: That's what I understand the motion to
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May 11,2010
be.
MR. KLATZKOW: Okay.
CHAIRMAN COYLE: And how long do you think this is likely
to take?
MR. KLATZKOW: I have no idea.
CHAIRMAN COYLE: Yeah. Well, my position is that it's a
wonderful goal. The point is, why bring it up now when you've got an
emergency situation where you need to move quickly? We don't have
a lot of time here.
We've never had a problem with beach access. The people here
are encouraging that we replenish the beach so the public can, in fact,
use it. They're not trying to do anything to keep them off. If they were
trying to keep them off, they'd like for the beach to stay as it is now.
So why create a problem that we don't have? If we want to
consider a long-range issue which would apply to all beach
renourishment for the entire area, that's an entirely different thing and
probably would be worthy of discussion. But why single out this
particular project and take the risk of delaying it for an unacceptable
period of time when it is clearly recognized as an emergency
situation?
COMMISSIONER HENNING: I can answer that question.
CHAIRMAN COYLE: Okay, go ahead.
COMMISSIONER HALAS: I was first.
CHAIRMAN COYLE: Oh. Commissioner Halas was first. I'm
sorry. Go ahead, Commissioner Halas?
COMMISSIONER HALAS: County Attorney, it sounds -- the
idea sounds great, but I think a lot of these condo owners now have
left the area, and I think you're going to have a problem trying to herd
all these cats to vote on this thing while we're waiting -- watching the
beach to erode.
Now, the only real problem that we have with the public getting
to the beaches is, of course, the Ritz-Carlton and Moraya Bay, which
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May 11,2010
is up in my neck of the woods. This area here basically is in an area
that is by the City of Naples, and Naples, in the past, has been very
gracious as far as letting citizens use their beaches.
So I'm not sure that this is a good point in time to bring this forth.
My concern is, this is an emergency. We need to move forward. And
if you want -- if you think you're going to get all those people that
own condos to track these people down and say, you've got to come
back to town or you can send a proxy vote in, we're going to be
wasting a lot of time. And I think we just need to move forward on
this proj ect.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Well, the answer to your
question is, we never realized that Moraya Bay or the Vanderbilt
Beach Inn or the Ritz, when renourishing those beach (sic), that we
would have a problem of public access across their property, but we
do now.
There's no reason why, out of the eight condo associations, that
they can't have an emergency meeting to restore this beach under an
emergency issue on our agenda.
Councilman Sorey, who is part of the Coastal Advisory Board,
has told me that he and Mr. McAplin are working on an agreement so
when they get easements for future restoration of the beach, that there
will be public access within that.
Again, it's -- we haven't had a problem in the past. Of course, we
didn't have a problem with the Vanderbilt Inn in the past. Why not
have some surety? Isn't that what everybody wants from government
is surety?
CHAIRMAN COYLE: County Attorney, there's a Supreme
Court case pending concerning the use of beaches, right?
MR. KLATZKOW: Yes.
CHAIRMAN COYLE: What would that Supreme Court case --
how would it affect --
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May 11,2010
MR. KLATZKOW: I think it does. I mean, I think, from what I
understand the motion is, before you get public monies, you make it a
public beach. And honest to God, that's -- that's a valid public purpose,
valid public policy, if that's the way you want to go.
CHAIRMAN COYLE: Wouldn't it be an appropriate valid
public policy for the entire beach?
MR. KLATZKOW: Yes. I mean, you can say, before you get
public monies to renourish your private beaches, you open it up to the
public. You could do that if you want.
COMMISSIONER COLETTA: I did have my light on.
CHAIRMAN COYLE: Okay. Go ahead, Commissioner Coletta.
COMMISSIONER COLETTA: Thank you, sir.
Yeah. And you know, last thing I want to do is see this drag out
considerably, a length of time. But we've already established the fact
that, one, at this point in time it's not an issue for public access on the
beaches for these particular condominiums. Two, we also know the
fact that they're going to be the biggest beneficiaries of this
renourishment. It's going to be able to keep the water away from their
front door. If the erosion keeps going, eventually it could undermine
their buildings as time goes along.
We also know the fact that even though we aren't dealing with an
emergency situation as far as access to the beaches today, we could
tomorrow. And Commissioner Henning has made some very good
points.
Now, how involved is it to be able to have the condo members be
able to come in and vote? I know there's some issues about it. I don't
know that, but I don't think it's that big of a deal, and I don't think
they're going to have any objections with it. But it gives us that ability
to be able to mark -- draw that line in the sand to be able to make sure
from this point forward we're doing the public's best interest. Moraya
Bay might have been a wake-up call for us. Yes, it didn't go anyplace
at this point in time, but this will establish some sort of surety in the
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May 11,2010
future.
But I guarantee you, they're all going to get aboard in short order
of where they're going to make sure at some point in time we're not
going to be contesting this again and having another meltdown over
this.
So I'm going to keep my motion in place, and hopefully we'll be
able to support it.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes. I think it's admirable to want
to make sure that all beaches are public and open that are going to be
using public funds to renourish them. On the other hand, at this
present time we have an emergency at hand, and we have -- we have
two beaches here that must be renourished that have to be done
quickly because of the approaching summer and the damage that the
summer can do to them. So I would suggest, rather than the motion as
it stands and delay it any further, especially with people out of town
and so forth, I would prefer to move ahead and get these things done
with the understanding that we also move ahead immediately in
obtaining, at some point in time -- and maybe we could get a -- say by
the end of the year -- approval from all of these condominiums that it
will remain public access in perpetuity, and we should continue to
continue that effort all along the beaches. But right now I think it's a
shame to delay it any further.
CHAIRMAN COYLE: Okay. You want to talk again?
COMMISSIONER COLETTA: Yes; yes, sir.
You know, Commissioner Fiala, I agree with you. If you're
supportive of carrying this forward after this goes -- when this passes,
in other words, if I drop my second (sic) and a new motion's made to
support staffs recommendations, the way I understand it is you'd be
supportive of bringing this back sooner than later to be able to start
that movement going forward in an orderly fashion?
COMMISSIONER FIALA: Yes, absolutely.
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May 11,2010
COMMISSIONER COLETTA: I drop my motion.
CHAIRMAN COYLE: Okay. The motion dies for lack of a
second.
I make a motion that we approve staffs recommendations and
instruct staff to investigate the possibility and procedure for obtaining
approval to guarantee public access to any beaches that are
replenished with public funds.
COMMISSIONER COLETTA: Second.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Okay. Is there any -- okay. I made the
motion. Seconded by -- who was first, Commissioner Halas? They
were co-seconders, Commissioner Halas and Commissioner Coletta.
Any further discussions?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Okay. It passes 4-1. Thank you very
much, and thank you all for being here.
(Applause.)
Item #6A
PUBLIC PETITION REQUEST BY MR. ABAS A. ASLI
REGARDING OFFICE SPACE - PRESENTED
MR.OCHS: Commissioners, that takes us now to Item 6 on your
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May 11,2010
agenda, public petitions. Item 6A is a public petition request by Mr.
Abas A. Asli regarding office space.
CHAIRMAN COYLE: Okay. Mr. Asli?
MR. ASLI: Yes. I apologize for our limited English, and Danka,
my wife, will read our proposal.
CHAIRMAN COYLE: Hold it just a second. Let the crowd get
out so we can hear you. They're making a little noise. Okay.
MR. ASLI: Yeah. I apologize for our limited English, and
Danka's going to read our proposal. In case it's hard to understand, I
have copies for you.
CHAIRMAN COYLE: Okay. Be sure to speak into that
microphone, too. Danka, when you get ready to speak, be sure to take
it -- take it away from him.
MS. ASLI: I take it.
CHAIRMAN COYLE: Yes, that's right.
MS. ASLI: Can I start?
MR. ASLI: You may speak now.
Do I have to repeat or --
CHAIRMAN COYLE: No. If you want her to make the
presentation for you, that will be fine, but you can't both make it
together.
MR. ASLI: No, but I can stay back.
CHAIRMAN COYLE: Okay. All right. That will be fine.
MS. ASLI: Okay. Do you hear me? Yeah.
First of all, we would like to thank the county commissioners, the
county manager, the county attorney, and everyone who has given us
the opportunity to be up here before the board today.
My name is Danka Asli, and my husband, Abas Asli, is the
owner of the property appraiser's building.
We are here to ask you to extend the existing lease of the
Property Appraiser's Office instead of moving his office to the former
Elk's Lodge building on Radio Road. Abe Skinner and his dedicated
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May 11,2010
staff have been operating successfully in the current location for
almost eight years.
It's a first-rate building with excellent visibility and access. We
understand that Abe Skinner and his staff are very happy to be there.
They have done an outstanding job throughout all these years and we
think would very much like to stay in this well-established location,
which is especially suited for and which has been specifically adapted
to their needs.
Being located across from the county government center has
advantages, not just for the excellent access and visibility and the
prominence of the location, but also because visitors to the appraiser's
office often need to visit the Clerk of Courts or the Tax Collector
Offices in the center just across the street. It has for a long time been
a well-known and well-established place for the county's taxpayers.
Furthermore, the county has already invested over $1 million to
adapt the building to the special needs of the property appraiser's
operation, and it would be unfortunate to leave behind such an
investment. I t would not be -- it would not seem economically or
practically beneficial to move and disrupt the property appraiser's
operations.
It is our understanding that the county will need to find a place
for the supervisor of elections at some point, and this is the best
opportunity to provide her office with an excellent place at the Elk's
Lodge without spending a lot of money.
The county did a great deal in purchasing the Elk's Lodge. It's a
building with plenty of open space, which is ideal for the Office of the
Supervisor of Elections. For many years her office has been in need
of a place like this for training and operations and for the storage of
voting equipment. Additionally, the approximately 300 parking
spaces will prove essential during elections. To find a similar place
like this so well adapted for the needs of her office would inevitably
.
prove very expenSIve.
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May 11,2010
If the county would provide the Radio Road building for Ms.
Edwards' office now and avoid the costly relocation of the Property
Appraiser's Office and instead extend the lease in the current location
for five years, Abas would like to give the county an entire year free
of rent, and for the remaining four years of the lease, a discount of
$100,000 per year.
Thank you very much for your time and consideration of this
petition. Abas would be happy to answer any questions and you may
have -- you may have and to welcome your staff to further discuss this
opportunity with them.
CHAIRMAN COYLE: Okay. Thank you very much.
Do the commissioners have any comments?
County Manager, what would be your advice as to the
opportunities for saving the taxpayers' money by taking this offer?
MR. OCHS: Commissioners, I don't believe you're going to save
any money. Frankly, Former Manager Mudd began negotiations and
discussions with this owner back in 2007, had offered to purchase the
property a couple of times since then. We were never able to arrive at
a reasonable price, at least one that we felt was reasonable based on
the market appraisal that we had received.
So at the -- back in 2008 we sent a letter indicating that we're
going to operate under the current lease until it expired. In the
meantime, the board had directed the county manager at that time to
begin to move out of leased space and into county-owned facilities.
Subsequently, the board approved the purchase of the Elk's
building. That building has been purchased, equipped. We're ready to
move Mr. Skinner and his staff in there in early July, and that's where
we stand at this point, sir.
I don't see any reason to continue to spend money, $600-plus
thousand a year on a leased building when we have a brand new
facility ready to occupy the property appraiser within the next 60 to 90
days.
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May 11,2010
CHAIRMAN COYLE: Okay. Are there any questions or
comments by the commissioners?
(No response.)
CHAIRMAN COYLE: Anyone who wants to see this public
petition brought back for consideration?
(No response.)
CHAIRMAN COYLE: Sorry, Mr. Asli. Thank you very much
for being here.
MR. ASLI: Thank you so much.
CHAIRMAN COYLE: Okay. For those people -- and I think
there probably are two -- who are here to primarily express their
opinions on Item 12A, which was previously 1 7D that involved the
creation of innovation zones, we're not going to get to that until this
afternoon, probably no earlier than one o'clock. So if you want to
come back after lunch, you can do that, or you can sit here and enjoy
this hearing with the rest of us.
Okay. County Manager, where do you want to go next?
Item #9A
RESOLUTION 2010-98: DECLARING A VACANCY ON THE
BLACK AFFAIRS ADVISORY BOARD - ADOPTED
MR.OCHS: Mr. Chairman, that would take us to Item 9A on
your agenda, Board of County Commissioners. It's a recommendation
to declare a vacancy on the Black Affairs Advisory Committee.
COMMISSIONER HENNING: Move to approve.
CHAIRMAN COYLE: Motion to approve by Commissioner
Henning.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Second by Commissioner Halas.
And you're moving the approval of declaring a vacancy only?
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May 11,2010
COMMISSIONER HENNING: Correct.
CHAIRMAN COYLE: Right, okay.
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
APPOINTMENT OF A MEMBER TO THE COUNTY
GOVERNMENT PRODUCTIVITY COMMITTEE - MOTION TO
RE-ADVERTISE - APPROVED
MR. OCHS: Commissioners, 9B is appointment of member to
the County Government Productivity Committee.
COMMISSIONER COLETTA: Recommend readvertising as--
Productivity Committee has recommended to us.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Okay. Motion by Commissioner Coletta
to readvertise to fill this position, and seconded by Commissioner
Halas.
Any discussion?
(N 0 response.)
CHAIRMAN COYLE: All in favor, please signify by saying
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May 11,2010
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: The motion passes 4-1 with
Commissioner Henning voting in the negative.
Item #9C
RESOLUTION 2010-99: RE-APPOINTING EVA J. DEYO AND
TOM DAVIS TO THE IMMOKALEE ENTERPRISE ZONE
DEVELOPMENT - ADOPTED
MR.OCHS: Item 9C is appointment of members to the
Immokalee Enterprise Zone Development Agency.
COMMISSIONER COLETTA: I would recommend the
committee's recommendations for Eva Deyo and Tom Davis.
CHAIRMAN COYLE: Okay. Recommendation for -- motion
by --
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: -- Commissioner Coletta to approve the
committee recommendations, second by Commissioner Halas.
Any discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
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May 11,2010
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: The motion passes unanimously.
Item #9D
OBJECTIVES OF THE COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE IN COLLABORATING WITH
THE SCHOOL DISTRICT IN PLANNING FOR FY 2011 -
MOTION DIRECTING THE CHAIRMAN TO SEND A LETTER(S)
TO THE SUPERINTENDENT OF SCHOOLS & THE SCHOOL
BOARD SUPPORTING THE PRODUCTIVITY COMMITTEE'S
PARTICIPATION IN FY11 PLANNING - APPROVED
MR.OCHS: Item 9D is objectives of the County Government
Productivity Committee in collaborating with the school district in
planning for fiscal year 2011. This item was placed by Commissioner
Halas, and also Mr. Steve Harrison from your Productivity Committee
is here.
CHAIRMAN COYLE: Do you want to say anything?
COMMISSIONER HALAS: Before Steve Harris (sic), who is
the chair of the Productivity Committee, I'd just like to say that there
was some discussion at our last board meeting and there was some
concerns in regards to what our real intent was here. I think our real
intent is that we'd like to have someone who is in charge of the
finances by the school board to sit as a person in attendance, not as
part of the Productivity Committee, and hopefully some of the ideas
that have been formulated by the Productivity Committee through the
years to whereby the county manager's staffhas saved this county
about 22 percent, where we've had that many -- that percentage of
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May 11,2010
budget cuts.
And we're hoping that since the school board taxes are almost 50
percent of the rest -- the remaining taxes here in Collier County, that
maybe them just being in attendance would give them some
encouragement to find ways to pare down their budget so that it's not
as large of a burden for the taxpayers.
So at that, Steve, I'd like to introduce you at this time.
MR. HARRISON: It's Steve Harrison, chairman of the
Productivity Committee.
It's exactly right what Commissioner Halas said. We're not
asking for them to be a member in any sense.
We have guests at these meetings. They're public. We have
representatives there from the Clerk of Courts, from the sheriff, from
fire districts and so forth. But since both we and the school district are
faced with still further declines in ad valorem tax revenue that are
significant, it occurred to the Productivity Committee that as we
discuss what we're doing here, it would -- could be of benefit to the
school district to, perhaps, each share what they're doing over there.
We might find ideas that one another have that could help each of
our two organizations. We might even find something we could do
together that would help both of our organizations.
But this has nothing to do with membership. It's just, as we each
get in, in the next few months, to the details of budget reviews with
division and department directors, we're going to find some nuggets
that will potentially be of interest to other people.
So besides those internal benefits, the public will be watching
very carefully, in my opinion, as to what each of these two large
organizations do, and it could be -- it could be in our interest to have at
least the semblance of some coordination in the eyes of the public.
So we just made a suggestion through our current liaison,
Commissioner Halas, that we send a letter to the superintendent of the
school board inviting them to send a management representative to sit
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May 11,2010
in the meeting that we'll be holding for the next few months. That's it.
Any questions?
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Not a question. I guess it's not a
bad idea to try to be inclusive instead of exclusive by the chairman of
the Board of Commissioners to reach out to the -- would be
appropriate to the elected officials of the school board, the chair of the
school board, inviting their staff to sit on the Productivity (sic) as an
advisor.
But I would object to trying -- for anybody tied with the county
to tell them how they should budget for the things that they need at the
school.
MR. HARRISON: I agree.
COMMISSIONER HENNING: Yeah.
MR. HARRISON: This is just idea sharing.
COMMISSIONER HENNING: Sure.
MR. HARRISON: There's no compulsion on either party's part
to take action on the things that each other have decided to do.
I didn't (sic) take a moment and phone the school district, and
their request is, if you agree with this idea, that they would like a letter
to be sent to the superintendent.
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: I make a motion that, since, I think,
the letter would have more power coming from the chairman of the
Board of County Commissioners, that the chairman write a letter, and
I'll co-sponsor the letter so my name would be on it also, but that we're
very interested in having the school board in attendance at our
meetings, and I make a motion that we do that.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion by Commissioner Halas to have
the chairman send a letter to the superintendent to ask that a liaison
person be placed --
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May 11,2010
MR. HARRISON: Invite them to attend.
CHAIRMAN COYLE: -- invited to attend the Productivity
Committee meetings, and it's seconded by Commissioner Fiala, if I
remember correctly.
Any discussion? Commissioner Henning?
COMMISSIONER HENNING: I think the motion was to send
the letter to the school board.
CHAIRMAN COYLE: Okay.
MR. HARRISON: No, it was to the superintendent is what I was
asking to send the letter.
COMMISSIONER HENNING: I understood what it was, but
just what Commissioner Halas said, it was to the school board, and I
personally think that's more appropriate than going to like a county
manager or a city manager or school board -- or a school supervisor,
because of the latitude of elected officials versus appointed
contracting, personally.
COMMISSIONER HALAS: I amend my motion just to go to
the superintendent of schools, I believe that will get to where we want
to go, and I believe that he then will put pressure on the people from
the finance area to hopefully sit in -- sit with us at the table, and
hopefully we can discuss ideas that would benefit both of us.
COMMISSIONER FIALA: Okay. And my second is amended
as well.
CHAIRMAN COYLE: Would there be any opposition to
sending it to both -- both parties?
COMMISSIONER HALAS: Not really, just make sure that we
get --
CHAIRMAN COYLE: Yeah, everybody's--
COMMISSIONER HALAS: Everybody's--
CHAIRMAN COYLE: Make sure nobody gets their nose out of
place?
COMMISSIONER HALAS: Exactly.
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May 11,2010
CHAIRMAN COYLE: Okay. Can we do that?
COMMISSIONER HALAS: I'll amend my motion to include
that.
CHAIRMAN COYLE: Okay, all right. Very well.
COMMISSIONER FIALA: And my second.
COMMISSIONER HALAS: Yep.
CHAIRMAN COYLE: Then the motion -- any further
discussions concerning the motion?
(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. The motion is approved.
And County Manager, you will get me a letter drafted?
MR. OCHS: Yes, sir . We're on it.
CHAIRMAN COYLE: Okay, good.
Item #9E
AN EMPLOYMENT AGREEMENT APPOINTING IAN
MITCHELL TO SERVE AS THE EXECUTIVE MANAGER TO
THE BOARD OF COUNTY COMMISSIONERS AND APPROVE
REVISIONS TO THE COUNTY MANAGER AGENCY POLICIES
AND PROCEDURES (CMA) NUMBER 5350 AND 5351
RELATING TO EXECUTIVE MANAGER AND EXECUTIVE
AIDES EMPLOYMENT AND AUTHORIZE THE CHAIRMAN TO
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May 11,2010
EXECUTE THE AGREEMENT AND APPROVE THE CMA
CHANGES - MOTION TO CONTINUE - APPROVED
MR. OCHS: Commissioners, 9E is a recommendation to
approve an employment agreement appointing Ian Mitchell to serve as
the executive manager to the Board of County Commissioners and to
approve revisions to the county manager agency policies and
procedures, number 5350 and 5351 relating to the executive manager,
the executive aide's employment, and authorize the chairman to
execute the agreement and approve the CMA changes.
CHAIRMAN COYLE: Okay. Are there any -- Commissioner
Henning?
COMMISSIONER HENNING: Yeah. I had a great
conversation with Ian. My only input on that is, the contract states
that the evaluation will be done in October, so that means September
we would get the county manager's, county attorney's, and the office
manager's contract review, make comments, and also that's the same
time that we do budgets.
Preferably, I'd like to do it at some other time what we don't--
we're not as busy. And oh, by the way, that's when we come back
from vacation. We have a lot of things.
So talking to Ian, he thought it could be appropriate if we do his
in November to give him a fair evaluation. I don't know if it's any
other concerns of my colleagues.
CHAIRMAN COYLE: I would be willing to go with whatever is
more convenient and makes more sense. I'm not locked in on a
particular time period, so --
COMMISSIONER HENNING: Okay. I'll make a motion that
we approve Item 9E with the contract revision that the evaluation will
be done with -- it would be the first meeting in November.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. There's a motion for a change to
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May 11,2010
the evaluation period by Commissioner Henning and a second by
Commissioner Fiala. And the motion is to approve the contract as it
stands with that particular modification.
Now, I have -- Commissioner Fiala has her light on. Go ahead.
COMMISSIONER FIALA: I was just going to make the motion,
so --
CHAIRMAN COYLE: Okay. All right. I have some questions.
You know, I would like for somebody, probably the county attorney
and maybe the county manager, to help me clearly understand the
relationship between the manager, Board of County Commissioners,
and the aides who work for the Collier County Commissioners with
specific emphasis on what is the Collier County Commissioners' role
in selecting or replacing an aide.
MR. KLATZKOW: At the end of the day, it would be Mr.
Mitchell's job to procure your aides, okay, and he would supervise
your aides, but your aides would work for you. All right. They would
be at-will employees. For example, if --
CHAIRMAN COYLE: But at whose will?
MR. KLATZKOW: It would be at your will. If, at the end of the
day, you decided that this particular aide wasn't working out for you,
okay, you could have a conversation with Mr. Mitchell, and then Mr.
Mitchell at that point in time would make a decision whether or not to
terminate.
CHAIRMAN COYLE: And if I disagreed with Mr. Mitchell,
what would happen?
MR. KLATZKOW: If you disagreed with Mr. Mitchell, which is
unlikely to happen -- if you were to disagree with Mr. Mitchell--
ultimately under this contract it's Mr. Mitchell's obligation.
CHAIRMAN COYLE: So the aides are sole --
MR. KLATZKOW: He supervises the aides.
CHAIRMAN COYLE: Are -- yes. And so the commissioners
have nothing to say about the hiring or termination of their aides?
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May 11,2010
MR. KLATZKOW: I think what would happen is that Mr.
Mitchell would recruit the aides, you would interview the aides, you
would give Mr. Mitchell your input whether or not you wanted that
aide, and then Mr. Mitchell would act accordingly.
CHAIRMAN COYLE: And suppose Mr. Mitchell didn't act
accordingly.
MR. KLATZKOW: Then Mr. Mitchell's contract is up every
year.
CHAIRMAN COYLE: But -- okay, okay. But I'm one
. .
commISSIoner.
MR. KLATZKOW: Yes.
CHAIRMAN COYLE: Okay. So you're really saying to me in
this contract, I don't have any control over who works for me as an
aide, I have no way of assuring the continued employment of an aide
who might be doing, in my opinion, an excellent job, that that decision
is made by someone else?
MR. KLATZKOW: Yes.
CHAIRMAN COYLE: And I do not like that process. End of
story .
MR. KLATZKOW: We don't have to have that process if you
don't wish. If you wish, the aides could work directly for you, but at
that point in time there's no buffer. If there was any sort of
performance issues with the aide, it would be yours to deal with. If
there was a termination and the aide protested, it would be directly.
What Mr. Mitchell is is primarily a buffer between you and the aides.
CHAIRMAN COYLE: And I think you can deal with that by
requiring that Mr. Mitchell get the concurrence of the commissioner
for whom the aide works before taking any adverse personnel action.
MR. KLATZKOW: We could do that.
CHAIRMAN COYLE: Because Mr. Mitchell's evaluation might
be different than mine. We might have a new commissioner coming
in who says, I want to have my own aide, someone that I can choose.
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May 11,2010
And if we're going to make them at-will employees, I would like to
provide them some degree of job security so that they're just not going
to be summarily eliminated as an at-will employee normally would.
They're not making the salary that other at-will employees are
making. And if anything is important here, it is stability, and I don't
think we need to have rapid turnover of aides to commissioners. If we
find somebody who does a good job for us, we should be able to keep
them, and it should be the commissioners' decision to keep them.
Mr. Mitchell could certainly make recommendations. If the
individuals are not working well in the office, then the commissioners
should take the responsibility of counseling that person.
MR. KLATZKOW: We can do that, but what we're really trying
to do here is to put a layer of protection around you from employment
suits. That's why we did it this way. If you want a direct relationship
with your aides, we can certainly amend the contract to do that.
CHAIRMAN COYLE: I don't need a direct relationship. What I
need is at least veto power over some action that I think is not in my
best interest. And I don't like having my ability to get my job done
being influenced by someone else over whom I really don't have direct
control, okay?
Because Mr. Mitchell will work for the Board of County
Commissioners, not for me. So ifhe and I were to have a
disagreement about the performance of an aide, he and I should be
able to work that out. But in the end, it should be my decision as to
whether or not my aide gets replaced.
MR. KLATZKOW: With three nods, we can do that, sir.
CHAIRMAN COYLE: I don't know if I've got three nods. Can
we do it just for me and let the other commissioners work it out
themselves?
Okay. That's all I've got to say.
Commissioner Halas, was your light first?
COMMISSIONER HALAS: I think so.
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May 11,2010
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: I looked at this contract. I talked
with Mr. Mitchell. And in the past we've had what I feel is a lot of
disruption up there in that office, and being there -- that I'm almost
there on a daily basis, I feel that this -- we're moving in the right
direction, and I believe that a lot of thought has gone into this by the
county attorney and -- along with Mr. Mitchell.
And I believe that the -- I think there is enough latitude in this
contract whereby each of us as -- on the Board of County
Commissioners, can sit and have a dialogue with Mr. Mitchell in
regards to our particular aide. And if we're not satisfied, I think, as it's
stated in there, they work at the will of the commissioner.
I also believe that if there are some problems in regards to
personnel, I think that that's where Mr. Mitchell and the particular
commissioner who that aide is, should be able to sit down and discuss
exactly if there needs to be some area of discipline that needs to be
administered.
So once you get the story on both sides, I think that I found that
in the short period of time that Mr. Mitchell's been there, that he's very
open, and I think we can address all the concerns, and I don't believe
we need to change anything drastically in the contract as it's written
today.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: If I could just have a dialogue
with you. I think it's very important, and what we have today is we
have a working team in the office. But let's say in the future that
changes and one of the commissioners feel that it's not (sic) an issue,
at least for them it's not an issue, that their aide is not a team player
and there is somewhat disruptive -- just a scenario.
You don't want to see any changes or any of the commissioners
doesn't want to see a change, but in reality it's all about the office. So
just a compromise, the Board of Commissioners have a veto of the
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May 11,2010
dismissal of an aide; therefore, the -- a commissioner can put it on the
agenda, and we can have a discussion.
I hate to have that out in the public, but sometimes uncomfortable
things that -- you need to have out in the public if it's important to a
certain commissioner. Would that be acceptable?
CHAIRMAN COYLE: Not really, and if I could, just let me tell
you the statement that causes me the most concern, and it's the
footnote at the bottom of Page 1042 in our executive summary. It
says, because the executive aides to the Board of County
Commissioners only report to a single supervisor who is the executive
manager to the board, they are only provided a single level of review.
If unsatisfied -- it should be if dissatisfied -- with the response
provided by their supervisor, the executive aides may seek a final
appeal directly to the human resources director, and that is it.
Nowhere does it say that anybody consults with the Board of
County Commissioners and the person for whom the aide works.
That's what bothers me. We're completely left out of this process, in
my interpretation of this procedure, and I don't like being left out. It's
that simple.
But if somebody could put some words in there that says that the
performance review and any adverse employment action would be
taken only after consultation and approval by the commissioner for
whom that person works, I would feel perfectly comfortable with that,
but I don't see that happening here, anywhere in this document, and
that's what has me concerned.
COMMISSIONER HENNING: It can be changed. The appeal
could be brought by a commissioner to the Board of Commissioners.
CHAIRMAN COYLE: There is that possibility if I'm
dissatisfied with Mr. Mitchell.
COMMISSIONER HENNING: No. Change this language to
say --
CHAIRMAN COYLE: Yes.
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May 11,2010
COMMISSIONER HENNING: -- to say that a commissioner
can appeal to the Board of Commissioners for a hearing.
MR.OCHS: Commissioners, if I may. Just with respect to that
page in that particular CMA, if you -- if you look under that same
page, 5350-2 under the concept section, come down to the middle of
the paragraph, the sentence that begins, the commitment to fair
treatment procedure does not apply to new employees serving their
initial six-month probation, contract employees, temporary
employees, and employee performance evaluation ratings or hiring
decisions.
So this particular grievance procedure is intended to address
grievances having do with the personnel rules and regulations. But
hiring decisions and annual performance reviews are specifically
exempted from this commitment to fair treatment. So you can't file a
commitment to fair treatment if you don't like the score you got on
your annual review. And certainly, hiring decisions are not also
treated under this particular CMA.
I don't know if that gives you any comfort.
CHAIRMAN COYLE: No, it doesn't, because you haven't told
me where I have any input here. You haven't told me how I can make
sure that I get to approve who works for me. Okay?
MR.OCHS: Correct.
CHAIRMAN COYLE: Now, I respect Mr. Mitchell's abilities,
but I want to have some input into who works for me either for hiring
purposes or termination purposes. And I don't see that happening
anywhere in here, and I defy anybody -- well, maybe not anybody.
Maybe the human resources people understand this. But there are so
many contradictions in this process here that I certainly can't sort it
out.
But I would just like a clear statement that says a commissioner
has something to say about the person that works for the
. .
commISSIoner.
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May 11,2010
COMMISSIONER HENNING: That would be under policy
5351. That would be the discipline policy, correct?
CHAIRMAN COYLE: Not necessarily. It could be the hiring
policy.
MR.OCHS: Commissioner, frankly, I think you need to go to
Page 26 of 42 in your backup, which is actually the contract with Mr.
Mitchell. Section two of that contract addresses administrative staff, as
I read it, and the duties and responsibilities of your executive manager
and the board with respect to that administrative staff.
And I think that's where Commissioner Coyle would like to,
perhaps, have the board consider some changes. Because he's correct,
as I read the opening statement in there, the employee, which is the
manager, shall have sole responsibility for the employment and
management of the administrative staff.
So if the Board is uncomfortable with that, I would suggest that
that provision of the contract needs to be modified. I'm looking to the
county attorney for some confirmation on that.
MR. KLATZKOW: This was essentially Sue Filson's contract
that we're utilizing. So this is your present relationship. If you want __
CHAIRMAN COYLE: Does that mean that I have to accept
anything that has been --
MR. KLATZKOW: Not at all.
CHAIRMAN COYLE: I'm trying to make things better.
MR. KLATZKOW: Not at all. Yes, sir.
CHAIRMAN COYLE: Okay? And what I want to do is have
some control over who works for me, end of story, okay?
I don't want to walk in the office one day and find out that my
aide has been switched with somebody else. I don't want to walk into
my office and find that I've got an aide that isn't dependable and isn't
doing the job and not be able to do something about it. And I would
like to do that through Mr. Mitchell, but right now I don't have that
ability. If it exists, show it to me.
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May 11,2010
MR. KLATZKOW: No, it doesn't. But we can amend that.
CHAIRMAN COYLE: All right.
COMMISSIONER HALAS: Wait a minute.
CHAIRMAN COYLE: Okay. Well, wait a minute.
Commissioner Fiala was next?
COMMISSIONER FIALA: Well, let Commissioner Halas, and
then I'll go next.
CHAIRMAN COYLE: Okay. Press your button again.
COMMISSIONER HALAS: I was under the impression, what I
read, that the -- that the aide works at the will of the commissioner.
Am I right?
MR. KLA TZKOW: From a realistic standpoint, you are right,
okay.
COMMISSIONER HALAS: Okay. So that, to me, I can tell Mr.
Mitchell that I'm having some problems with my aide, or whatever
else, and that maybe we need to make a change.
MR. KLATZKOW: Commissioner, we're trying to -- we're
trying to create a buffer between you folks and the employee through
Mr. Mitchell, all right, from a legal standpoint.
COMMISSIONER HALAS: Exactly.
MR. KLATZKOW: If you want a direct relationship with the
aide, okay, without this buffer, I can amend this very easily by
something that says, by written statement by a particular
commissioner, that commissioner, you know, will have veto power or
whatever power he wants or she wants. I can do that.
The purpose of this contractual provision here is simply to
provide a legal buffer between you and the __
COMMISSIONER HALAS: Exactly.
MR. KLATZKOW: -- administrative aides. We don't have to
have that.
COMMISSIONER HALAS: Well, I think that the way the
system is presently working -- and that is that I have a very good
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May 11,2010
dialogue with Mr. Mitchell at the present time, and I don't see that
changing.
Now, if you want to change a few words in this contract so that
this buffer, or this ability to have conversation with Mr. Mitchell in
regards to my aide or -- and any discipline areas, that's his
responsibility. He's the supervisor. All I want to make sure is is that
the aide is -- I have some input in hiring the aide or interviewing a
series of people that may fit into the category, because I want to make
sure that the chemistry is there and that we can get along good.
And I think that under the present situation that we have up in the
office now, you may have to put some verbiage in there, but we have
that dialogue where -- whereby I sit down with whoever the
prospective employee may be and have dialogue to the point where I
go back to him and say, I think we can work with this person or I can't
work with this person or this person doesn't have enough background
in regards to addressing issues that concern a particular district or
whatever else.
And I think every aide is basically specific for that particular
commissioner and that particular district. And I really don't see where
we need to -- if there's a little bit of verbiage that needs to be changed
in regards to making sure that the commissioner has some say but also
that the disciplinary portion of this -- of the aide, if need be, that's
taken care of by Mr. Mitchell with conversation with that particular
. .
commISSIoner.
MR. KLA TZKOW: Yeah. I think I understand it. You know,
we could bring this back and I will make some modifications, I think,
that reflect the concerns I'm hearing.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes. First of all, I have to say, we
have a great open line of communication with Ian Mitchell. It's great.
He understands what we're saying to him. If we have a problem, we
go to him. If our aides have a problem, they go to him. He keeps that
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May 11, 2010
-- he keeps an open-door policy at all times. I like that. He
communicates very well.
Before -- I was getting a new aide because my aide had switched
to another commissioner, and before he hired this aide, he let each one
who was qualifying for the job come in and talk with me to see if they
could stand to be my aide and if we got along well, and I appreciated
that I was in on the process. That was great.
And like he said, you have to work with them, and so I want to
make sure you're happy. So -- and that was before the selection. I
think that that was a good thing.
If Commissioner Coy Ie wants to see some kind of a veto power
with relation to termination or something, I wouldn't mind adding that,
but I like the contract the way it sits.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: Well, I'm going to make a
motion to -- remove my motion to approve and make a motion to
continue.
There has to be -- I mean, if you have somebody that is disruptive
to the office, then that has to be handled by the office manager. And __
but other than that, the commissioner of the aide should have a lot of
say-so. So I think you got everybody's concerns.
MR. KLATZKOW: Yes, sir.
CHAIRMAN COYLE: Well, now, you heard some
commissioners talk about the procedures that they like to follow.
That's not in this contract. Okay. And so if Commissioner Halas
wants to interview and participate in the interview and the selection
process of his aide that should be in the contract.
MR. KLATZKOW: Yes, sir.
CHAIRMAN COYLE: It is not in the contract, okay. It is nice
that Mr. -- Ian. It's not Mister. It's Ian. We know who Ian is. If Ian is
sensitive enough to talk to us about those things, that's wonderful, and
he is. The point is that the contract should spell out the relationship
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May 11,2010
clearly, and it doesn't based upon what all of the commissioners have
so far said, in my opinion.
So I would appreciate, at least -- and here's a solution to the other
issue that Commissioner Henning brought up. If a commissioner is
obstinate and there is someone who is causing disruption in the office
and Mr. Mitchell is concerned about that, that can be brought before
the Board of County Commissioners, and the Board of County
Commissioners can resolve that so that one commissioner cannot
demand a situation that is bad for the office as a whole.
Hey, I don't mind taking the heat. If we're making decisions of
this magnitude, I don't mind doing it in the public, okay. So that
doesn't bother me. Okay.
COMMISSIONER COLETTA: Yes. And I'm very happy with
my aide, by the way, just so -- don't get any ideas about moving her
around.
CHAIRMAN COYLE: You can't tell him that. He can do
anything he wants.
COMMISSIONER COLETTA: May I make a -- no, I
understand that, but we -- let's make sure there's a certain amount of
ability to be able to act several different ways. You may have a
commissioner that says, hey, I trust your decision on this. You go
ahead and go through the process and you select it rather than force
every commissioner to have to be here to go through a long
interviewing process if they see no need for it. So that should be an
option that's open.
CHAIRMAN COYLE: That's right.
COMMISSIONER HENNING: You need a second on the
motion.
CHAIRMAN COYLE: Okay. I'll second it.
Okay. All in favor, please signify by saying aye.
COMMISSIONER HALAS: Wait a minute. Let's find out
exactly, get some clarification.
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May 11,2010
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: County Attorney, clarify to me
what we've discussed here and what changes you're going to make
before we move on here, okay, what you've got now that's--
MR. KLATZKOW: We're going to have individual discussions
with you on proposals to the amended contract, and hopefully we can
get a consensus on those before we bring it back.
COMMISSIONER HALAS: Okay. All right. Now I got a clear
understanding. Thank you.
CHAIRMAN COYLE: Okay. 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.
That takes us to, what, lOA?
MR.OCHS: Yes, sir.
CHAIRMAN COYLE: Why don't we -- we probably -- we
probably can't do that in ten minutes.
Item #11
PUBLIC COMMENTS ON GENERAL TOPICS - SCOTT LAPORE
PROPOSING A "STRAW POLL" FOR NOVEMBER 2011
ELECTION BALLOT FOR PUBLIC OPINIONNOTE
REGARDING CONSOLIDATION OF THE FIRE DISTRICTS-
MOTION TO BRING THIS ITEM BACK TO A FUTURE BCC
MEETING - APPROVED
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May 11,2010
CHAIRMAN COYLE: How about -- why don't we take public
comment right now, okay? How many people do we have for public
comment here?
MR. MITCHELL: We have two people for public comment.
The first one is Duane Billington, and he wants to discuss -_
CHAIRMAN COYLE: Oh, no.
MR. MITCHELL: -- funding economic development -_
CHAIRMAN COYLE: No.
MR. MITCHELL: -- and alternate proposal.
CHAIRMAN COYLE: No, no, no. Duane, you can discuss that
at one o'clock when we hear the item.
MR. BILLINGTON: That's fine.
CHAIRMAN COYLE: Okay. And where's the other--
MR. MITCHELL: Okay. The second one is Scott Lapore.
CHAIRMAN COYLE: Okay. Scott, you can discuss yours now.
MR. LAPORE: Thank you, Commissioners. As a resident of
Collier County for the last 21 years, I seem to be called upon in civic
duty whenever I feel that there is a need or a desire to save taxpayers'
money, and I don't think there's ever been more of a need or desire to
save taxpayers' money than in the current economic climate that we're
.
In.
I gave the county manager -- if you would, please, put that on the
screen -- an item that I would like to be considered for the November
ballot, straw ballot poll. And basically the item reads as follows: Do
you support consolidation of the independent fire districts in Collier
County provided that they can either provide the same level of service
for less dollars or provide more services for the same dollars?
And basically, what I'm trying to do is gauge the public opinion.
I want to hear what the public has to say about the issue of fire
consolidation on the independent districts.
Now, I'm well aware that this has been discussed since I moved
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May 11,2010
here in 1989. And to me, envisioned it as a big ball that's stuck in the
mud. And a lot of people pushing, but there's not enough people
pushing to get that ball rolling until today. And I am presenting
myself as the ball pusher/roller, a person who is willing to volunteer,
something that I've done many times on many different civic boards in
Collier County, and I've been very successful in the things that I've
undertaken. So I wouldn't come to you today unless I thought I could
be successful with this.
Let me share a few things with you briefly. Nonconsolidated fire
districts lack effective mechanisms to plan service levels and track
systemwide cost, which makes it more difficult to identify more
cost-effective service delivery models. A broad-based planning entity
could oversee a more coordinated approach for planning for fire
protection as well as Emergency Medical Services.
We've spent a lot of money on studies, between $500,000 and a
million dollars. We've had multiple meetings, and we've spent a small
public fortune of tax dollars discussing fire consolidation, but we
never went to the public and said, do you want fire consolidation.
We need a common-sense approach to budget savings. There's
many things that we could save money on by consolidating the fire
districts. We could make them more effective, and we could make
them more efficient. And remember, the bottom line here is, we want
to save lives.
The problems that are inherent right now with the independent
fire districts and the two fire districts can never be solved unless we
have consolidation.
At this moment, who runs it is not really important as long as the
taxpayers can save money and we can maintain the same level of
service. As a physical -- as a fiscal conservative, I want less taxes for
all the consituents in Collier County.
So I'd like to move forward, stop spending hundreds of thousands
of dollars on studies, and see what the voters want. The process
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May 11,2010
would be a straw poll on the November ballot, which really wouldn't
cost any money because we're going to have a November election
anyway, then we would do studies, and then we would have a
referendum.
I'm a private citizen. I volunteer a lot of my time, and I probably
put about 40 or 50 hours into this already. Believe me, I'm not an
expert on fire districts, but I am impressed that I do already have
support from a few fire chiefs, fire commissioners, and what I'm
seeing is that this is something that people want done. They don't
want the process accelerated. They want it done slowly, and they
want it studied. But I would be willing, as a volunteer, to spearhead
that issue.
I'm hoping my wife is not watching this on TV today, because if
she finds out that I signed up for another volunteer position, she's
probably going to change the locks on the door of my home.
Again, I am asking for your support to bring this to the
November ballot as a straw ballot poll to gauge the will of the people
to find out if we should move forward with a cohesive plan for fire
district consolidation.
CHAIRMAN COYLE: Okay. The action we can take today
would be to decide whether or not we want to bring this back for a full
hearing, and we probably can do that today.
Who was first, anybody know? Who--
COMMISSIONER HALAS: I think I was.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: Scott, I've got to commend you for
stepping up to the plate. And I bet you don't know what you got
yourself into. But I wish you the very best of luck. And this is
something that's been needed for a long time in Collier County.
And I'm not sure if this straw vote is going to force the fire
districts to realize that they have to consolidate, because I can tell you
right offhand, I'll bet you that 80 percent of the people in this county
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May 11,2010
are going to say we're in favor of consolidation.
Realizing this is a straw poll, the next step is that the fire districts
realize that we're not -- we're not here to play around anymore. We
need to make sure that we address consolidation so that the end result
is, the taxpayer's going to benefit from this. And thank you very much
for your dedicated service on this issue.
MR. LAPORE: Thank you.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: I'm in support of bringing it
back, and I like the language. It says a lot, but there's not a lot of
detail. That's something that if the voters say yes, the independents
would have to bring it back. By the way, I know a locksmith if you
need one.
MR. LAPORE: Thank you.
CHAIRMAN COYLE: The lock is the least of his worries. He
thinks he's going to be the pusher of the ball, and in fact, he's going to
be the ball in the mud. But nevertheless.
MR. LAPORE: As long as I don't end up under the ball, I will
continue my public service that I've done, my private service, for the
good of public benefit for the last 21 years.
COMMISSIONER COLETTA: And I'd like you to know, Scott,
that if for some reason your wife is not understanding and she does
lock you out --
CHAIRMAN COYLE: You can stay at his place.
COMMISSIONER COLETTA: -- you can always stay at
Commissioner Coyle's house.
But I commend you. I think this is a wonderful initiative, a
citizen initiative that's coming forward. It's a very simple language.
You're going to be -- you're going to be chastised by certain
individuals out there that don't want to see this happen.
But once again, it's a straw poll. This is going to be the incentive
for the entities that are out there that can make things happen, to make
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May 11, 2010
it happen. So you got my support on this.
And I would like to make a motion to bring this back for the next
meeting for a full discussion and a vote.
CHAIRMAN COYLE: Okay. Motion by Commissioner Coletta
to bring this back for a hearing, seconded by Commissioner Henning.
COMMISSIONER HENNING: (No verbal response.)
CHAIRMAN COYLE: As far as discussion is concerned, I
would only like to suggest a couple of things here, and I don't know
how you do it without making it overly complex.
But if you ask a person if they support consolidation of the
independent fire districts in Collier County, there are some who are
going to say, is it going to be under the Board of County
Commissioners? And their answer's going to be no.
I think it's important that somewhere, somehow we make it clear
it will be an independent organization from Collier County Board of
Commissioners. I don't want to support anything that is going to
consolidate fire districts under the Board of County Commissioners,
and I think probably other commissioners feel the same way based
upon our prior discussions concerning this in public hearings.
So something that would convey that message would probably
get a clearer indication of the public sentiment, because there are a lot
of people who don't want us to take over, and the rumor has always
circulated around that that is our intent, although we've stated it very
clearly on numerous occasions.
But nevertheless, we'll call the question. And 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?
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May 11,2010
(No response.)
CHAIRMAN COYLE: It passes unanimously. We'll bring it
back for a full public hearing, Scott, and we -- hopefully we'll make
some progress on this.
MR. LAPORE: Thank you, Commissioners.
MR.OCHS: Commissioner, as a point of clarification then, the
staff would bring back this precise language and ask the board to
consider approval or disapproval of it?
CHAIRMAN COYLE: Yeah, I think so, because I've just made
a suggestion. If the board wants to change the verbiage to clarify the
issue I raised, the board can do it during that public hearing.
MR.OCHS: Very good.
CHAIRMAN COYLE: There's no point in discussing it now.
MR. OCHS: Thank you.
CHAIRMAN COYLE: Okay. Thank you very much.
MR. LAPORE: Thank you, Commissioners.
CHAIRMAN COYLE: Do we have something we can do very,
very quickly?
MR.OCHS: No, sir, probably not.
CHAIRMAN COYLE: Nothing to do quickly. Okay. Then
we're going to break for lunch. We'll be back here at one o'clock.
Thank you very much.
(A luncheon recess was had.)
CHAIRMAN COYLE: Ladies and gentlemen, the Board of
County Commission meeting is back in session.
Item #7 A (Moved from Item # 1 7B during Agenda Changes per
Commissioner Henning)
RESOLUTION 2010-100: PETITION V AC-PL2010-264, NAPLES
MAZDA, TO DISCLAIM, RENOUNCE AND V ACA TE THE
COUNTY'S AND THE PUBLIC'S INTEREST IN THOSE
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May 11,2010
EASEMENTS ORIGINALLY RECORDED IN OFFICIAL RECORD
BOOKS, 1372, PAGE 2332 THROUGH 2335, BOOK 1554, PAGE
1369 &1370, BOOK 1600, PAGE 1317 & 1318 AND BOOK 1644,
PAGES 1945 THROUGH 1948 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA ALL SITUATED IN SECTION 11,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, AND BEING MORE SPECIFICALLY DEPICTED ON
EXHIBIT A, AND ACCEPT THE REPLACEMENT DRAINAGE
EASEMENT DEPICTED AND DESCRIBED ON EXHIBIT B -
ADOPTED
CHAIRMAN COYLE: We're going to go to Item 7 A, which was
previously 17B.
MR. OCHS : Yes, sir, and this item requires that ex parte
disclosure be provided by commission members. All participants are
required to be sworn in.
CHAIRMAN COYLE: Okay.
MR. OCHS: This is a recommendation to approve petition
V AC-PL2010-264, Naples Mazda, to disclaim, renounce, and vacate
the county's and the public's interests in those easements originally
recorded in Official Record Books listed in your title, and to accept
the replacement drainage easement depicted and described in the
exhibits.
CHAIRMAN COYLE: Okay. Will all persons who are going to
be giving testimony in this petition, please stand and be sworn in.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN COYLE: Okay. Thank you very much.
Ex parte disclosure. We'll start with Commissioner Henning.
COMMISSIONER HENNING: Just this morning.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: Likewise.
CHAIRMAN COYLE: Okay. And I have no ex parte
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May 11,2010
disclosure.
Commissioner Halas?
COMMISSIONER HALAS: No ex parte -- yeah. No ex parte
disclosure on this item.
CHAIRMAN COYLE: Okay.
Commissioner Fiala?
COMMISSIONER FIALA: None.
CHAIRMAN COYLE: Okay. Thank you very much. Let's do it.
MR. CASALANGUIDA: Good afternoon, commissioners. For
the record, Nick Casalanguida.
On the viewer you have a copy of an existing easement that's
over the Naples Mazda site. The owners of Naples Mazda are here in
the room, as well as their design engineer -- not surveyors, but two
design engineer professionals are here as well also.
During the course of their Site Development Plan and survey,
they discovered that this easement was going under one of the slabs.
Part of this easement conveys water from J &C Boulevard to the south.
County had worked with them as part of the design project and
said, that easement needs to be replaced to convey water. Davidson
Engineering worked with our staff and the surveyor to come up with a
replacement easement. I'll show you that on the exhibit. And that ties
into a copy of our design plans, which Mr. Ahmad has right here.
So what you see on your viewer now is the replacement easement
that ties into a set of road plans that we've put out for bid for
reconstruction.
The engineer of record, Davidson Engineering, is here to answer
any questions, but the engineering and the design for that intersection
takes into account that at that beginning easement point, there's a
drainage catch basin. The road will be reconstructed from its
intersection point to the west about 6-, 700 feet. All the drainage
capacity would -- all the water would come into that drainage catch
basin and be carried south through that new easement.
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May 11,2010
So this is a combination of a reconstruction of an intersection
project, vacation of a prior easement, and establish of a new easement
to handle that project.
And I think -- if there's any questions Mr. Smart has with regard
to the project or if you'd like to hear from the engineer of record to
answer any drainage questions that you have.
CHAIRMAN COYLE: Well, just give me a bottom line answer.
Does it improve things or make it worse, or is it the same?
MR. CASALANGUIDA: It improves things. Improves both --
two things, both operation of the intersection, which was one of Mr.
Smart's concerns, and it picks up all the drainage within the functional
area of the project. It doesn't improve drainage outside of the area of
the project, which it never was intended to do. But it does make
things better for that area.
CHAIRMAN COYLE: Okay. Mr. Smart, do you have any
questions that you want to have specifically addressed?
MR. SMART: Yes, I do. Easements in and of themselves don't
improve drainage. And I guess the questions I've asked, given that
you've got a new easement, what is it going to do? Who's going to
install any drainage, and what's to be installed? And I guess that's kind
of: at least in my mind, an unanswered question.
Also, I would raise concerns that along the south border of this
project, there is a IS-foot easement that's going away, and I have
documents that say, this document had to be shown on drawings, and
that was required by the South Florida Water Management District.
And the purpose of that -- there had been a very large drainage
ditch between the Mazda dealership, what's going to be the Mazda
dealership, and the Dodge dealership, and it's just been filled in and
covered up, and it served a purpose, and it's not there.
And again, recently, the intersection's flooded, there's been a step
backward. I'm -- I would just like assurance so that if this intersection
floods, that I know who to contact.
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May 11,2010
CHAIRMAN COYLE: It's that guy right there. I can tell you
that right now. We don't have to talk about it anymore.
MR. SMART: Okay. I'll get his phone number before I leave
then.
CHAIRMAN COYLE: Get his phone -- get his home phone
number, too.
MR. SMART: Okay.
CHAIRMAN COYLE: Okay.
MR. CASALANGUIDA: Thank you, Commissioner.
CHAIRMAN COYLE: You want to answer his question
specifically?
MR. CASALANGUIDA: Sure. I'd like to have the engineer of
record come up and talk about these a little bit, if I could.
MR. FRUTH: For the record, Josh Fruth, Davidson Engineering.
Naples Mazda will be incurring all the costs for the install of the
24-inch RCP pipe that's shown on the viewer right now, including the
associated costs with the vacation easement and the assignment of the
new easement. No costs were on the county.
The Mazda dealership will install the pipe before the J&C
construction is completed so when connection is made, a new drainage
pattern is in place.
CHAIRMAN COYLE: Okay. Now, that doesn't address all the
questions. He asked questions about a previously vacated easement
that was held by South Florida Water Management District, and it
performed a useful purpose, so it's gone. Now what happens?
MR. FRUTH: That easement, I believe, that is in question, has
been vacated since probably '93, since the plans were revised by
WilsonMiller.
CHAIRMAN COYLE: Okay.
MR. FRUTH: I'd have to double-check on that, but I'm almost
100 percent positive on that.
CHAIRMAN COYLE: Well, okay, but we still get to the basic
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May 11,2010
issue. It previously performed a drainage function. It does not
perform a drainage function now. Is adequate drainage being installed
to accommodate the water?
MR. FRUTH: Yes, yes. The plans shown on the viewer will
accommodate for all the improvements at the intersection and fronting
Naples Mazda. Everything west will still continue to flow to the west
in the pattern that it is right now.
CHAIRMAN COYLE: And is there any indication that the
intersection is flooding more frequently or worse than in the past, or is
it improved?
MR. FRUTH: I'm going to defer to staff on that. I haven't
noticed anything.
MR. CASALANGUIDA: Under the construction stage of
Naples Mazda, and with the elimination of the existing easement,
they're probably experiencing some flooding that didn't occur in the
past.
This project will increase the ability to convey water with the
curb-and-gutter design that now takes approximately a 700 foot area.
So whatever the issue was in the past, due to the construction of either
the site or the vacation of the existing easement will be replaced and
improved by this project.
So when we're said and done, whatever's happening today will be
taken care of by the new construction project.
CHAIRMAN COYLE: Okay. Well, be sure to give Mr. Smart
your home phone number so he can call you and not us.
MR. CASALANGUIDA: Thank you, sir.
CHAIRMAN COYLE: Okay. Thank you.
Commissioner Halas?
COMMISSIONER HALAS: Yeah. My only question to staff is,
was this -- all these changes that are taking place at this intersection,
was -- did you get the blessings of South Florida Water Management?
MR. CASALANGUIDA: It's not required per the South Florida
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May 11,2010
rule for a turn-lane improvement, so it's not required for them to
.
reVIew.
COMMISSIONER HALAS: Okay. But you did study this in
depth to make sure that there was no flooding, or additional flooding
that was going to take place after everything is put in position; is that
correct?
MR. CASALANGUIDA: Sir, I did not. The engineer of record
here did, and we have an engineer that works for county staff that
reviewed the plan. So both of them have reviewed it and said they
will improve the project, improve the area.
COMMISSIONER HALAS: Okay. I move that we move this
forward and approve this item.
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: 7 A.
CHAIRMAN COYLE: Motion for approval by Commissioner
Halas. Is there a second?
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Second by Commissioner Fiala.
Any further discussion by board members?
(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: The petition passes unanimously.
MR. FRUTH: Thank you, Commissioners.
Page 99
May 11,2010
Item #10A
REVIEW POTENTIAL CHANGES TO RESOLUTION 2001-316
RELATING TO SETTLEMENT OF CODE ENFORCEMENT
LIENS IN ACCORDANCE WITH DIRECTION PROVIDED BY
THE BOARD OF COUNTY COMMISSIONERS ON APRIL 13,
2010, AND PROVIDE DIRECTION TO THE COUNTY
MANAGER AND THE COUNTY ATTORNEY AS TO ANY SUCH
CHANGES THAT WILL BE INCORPORATED INTO AMENDING
AND SUPERSEDING THE RESOLUTION, INCLUDING
CRITERIA FOR THE RECOMMENDATION OF SETTLEMENT-
APPROVED
MR. OCHS: Commissioners, that takes you to Item lOon your
agenda. lOA is a recommendation to review potential changes to
resolution 2001-316 relating to the settlement of code enforcement
liens as previously directed by the board.
Ms. Diane Flagg, your code enforcement director, will present.
MS. FLAGG: My notes said good morning, Commissioners, but
I was being optimistic. So I'll start with good afternoon, Mr.
Chairman, Commissioners.
CHAIRMAN COYLE: It's a lot worse than being optimistic. It
was very bad judgment.
MS. FLAGG: This is a recommendation to obtain approval to
revise the current resolution in regard to settling code enforcement
liens. The current resolution allows the code enforcement director to
waive fines and liens meeting certain criteria up to 15,000.
What this proposed resolution would do is that it would require
any settlement of the code liens to come to the Board of County
Commissioners for approval.
This proposed resolution, which will bring back the resolution to
you -- this would just be the content of it -- the proposal also provides
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May 11,2010
a consistent approach to resolving enforcement settlement agreements,
irrespective of who is requesting the settlement.
CHAIRMAN COYLE: Any questions? Who was first?
Commissioner Fiala?
COMMISSIONER FIALA: I was. Uh-huh. Make a motion to
approve.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Okay. A motion by Commissioner Fiala
for approval, second by Commissioner Coletta, and Commissioner
Halas gets to ask a question.
COMMISSIONER HALAS: My concern is that some of these
code enforcement issues are carried on for a long period of time, and
I'm not sure whether the $15,000 is going to cover all the costs that are
going to be incurred by your office and thereby laying the burden on
the rest of the taxpayers who play by the rules and make sure that they
don't have any code enforcement issues.
Are they going to be burdened because that -- we have a limit
here of $15,000?
MS. FLAGG: No, sir. What we're doing actually in this
proposal is we're eliminating that 15,000 approval limit of the code
enforcement director, and we're going to bring all settlement
agreements to you for Board of County Commissioners' approval.
COMMISSIONER HALAS: Okay.
MR.OCHS: And Commissioner, if I could add, in any of those
recommendations, we will have a recommendation that we fully cover
our costs to prosecute the claim. The waiver would be on the fines
themselves. We'd cover our administrative costs.
COMMISSIONER HALAS: Are we going to have a time study
person making sure that we are taking care of all the costs that are
incurred on these large-scale code enforcement liens?
MR.OCHS: Ms. Flagg has a good handle on that, sir.
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May 11,2010
COMMISSIONER HALAS: Okay.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. Wow, we're
finally there. I mean, this -- remember back about almost three years
ago, we had a meltdown in here over a code violation by a person
who's language skills were very limited as far as English went? Ended
up mortgaging his house to be able to pay a fine without realizing that
there was a possibility he might be able to get it mitigated?
We're finally there. It's going to be something that's going to be
able to be across the board. We're truly a government that cares about
the residents that we represent. We're out for compliance, not
enforcement. And I commend everyone on staff that got to work on
this and what they brought forward. This protects the best interests of
everyone in Collier County.
CHAIRMAN COYLE: 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. Thank you.
MS. FLAGG: Thank you. And, Commissioners, we'll bring
back the final resolution at your next meeting for approval.
CHAIRMAN COYLE: Okay, thank you.
Item #10B
REVIEW AND APPROVE PROPOSED LANGUAGE TO BE
ADDED TO COUNTY MANAGER AGENCY POLICY (CMA)
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May 11,2010
5311, CODE OF ETHICS, REGARDING EMPLOYEES WHO
SERVE ON NON-PROFIT BOARDS - APPROVED W/CHANGES
MR.OCHS: Commissioners, next item is lOB. It's a
recommendation to review and approve proposed language to be
added to county manager agent policy (CMA) 5311, code of ethics,
regarding employees who served on nonprofit boards. Ms. Lyberg,
your human resource director, is here to answer any questions or to
present the item.
As the board will recall, we brought this item back after some
further direction from the board to clarify from the previous proposal
that was brought forward. I think also that the county attorney has one
slight change he wanted to introduce.
Jeff?
MR. KLATZKOW: Yeah. If you could put that on the monitor,
the language. This is in furtherance of conversations I had with
Commissioner Coletta yesterday.
Instead of limiting this to nonprofit entities, Commissioner
Coletta suggested we include all entities, both profit and nonprofit. So
my suggestion would be just remove the word nonprofit so it's any
entity .
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yeah, I'll be honest with you.
That takes care of my concern.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: Yeah. I had the same thing.
What happens if they work for a profit? But that's still -- is that
covered in our ethics ordinance? Isn't it?
MR. KLATZKOW: It's partially covered there, yes. This gives
greater coverage.
COMMISSIONER HENNING: It just gives us more --
MR. KLATZKOW: Yes, sir.
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May 11,2010
COMMISSIONER HENNING: -- more oomph.
MR. KLATZKOW: More oomph.
COMMISSIONER HENNING: You agree with that?
MS. L YBERG: We do.
CHAIRMAN COYLE: Okay. Finished?
COMMISSIONER HENNING: Yeah, I guess.
CHAIRMAN COYLE: Okay. I just have a question. County
Manager and I discussed it yesterday. The second sentence there says,
if an agency makes a request for funding from the Board of County
Commissioners, any employee serving the agency in a
decision-making capacity must resign from that position.
That means that someone could serve on the board and
participate in preparing the request for funding and they would -- only
after the request for funding is submitted would they be required to
resign?
It would be a lot better if they didn't participate in the request for
the funding. How do -- how can we make a minor change to that
wording to accomplish that?
COMMISSIONER HENNING: Should be from the county, not
the Board of Commissioners.
CHAIRMAN COYLE: No, no.
COMMISSIONER HENNING: No?
CHAIRMAN COYLE: No, I don't think so. But it's not clear,
that's right.
MR.OCHS: Commissioner, what if we said, prior to making a
request for funding from the board --
CHAIRMAN COYLE: Yes.
MR.OCHS: -- any employee serving the agency must resign?
CHAIRMAN COYLE: Yes. That would --
MR.OCHS: Would that work for you?
CHAIRMAN COYLE: That would work --
MR. KLATZKOW: That would work.
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May 11,2010
CHAIRMAN COYLE: That would work perfectly for me, yeah.
Is that okay with everybody?
COMMISSIONER COLETTA: Yep.
CHAIRMAN COYLE: Anybody have any problems with that?
Anybody have a motion or you want me to make the motion?
(No response.)
CHAIRMAN COYLE: Okay. I'll make a motion. I make a
motion that we approve it with the two changes that have just been
discussed.
COMMISSIONER HALAS: Second.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Okay. So motion made by me, seconded
by both Commissioner Halas and Commissioner Coletta.
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. Thank you very
much.
MR. OCHS: Thank you, Commissioners.
Item #10D (Moved from Item #16G7 during Agenda Changes per
Commissioner Coletta)
AN AMENDED PLAN AND APPROACH TO RECRUIT A
REPLACEMENT FOR THE EXECUTIVE DIRECTOR OF THE
AIRPORT AUTHORITY - APPROVED AND COUNTY
MANAGER TO ASSIST WITH AIRPORT AUTHORITY OFFICE
Page 105
May 11,2010
UNTIL AN EXECUTIVE DIRECTOR IS HIRED
MR.OCHS: That takes us to Item 10D, which was previously
Item 16G7. That was a recommendation to approve and amend a plan
and approach to recruit a replacement for the executive director of the
Airport Authority. And that was moved at Commissioner Coletta's
request.
COMMISSIONER COLETTA: Yeah. If I may, sir.
CHAIRMAN COYLE: Sure, go ahead.
COMMISSIONER COLETTA: Yeah. I pulled 16G7 to
establish -- to establish the process and criteria for selecting a
high-qualified candidate to fill the position of executive director, not
to address the airport director's selection process but to address my
concerns about the capabilities and experience of our current authority
staff to effectively manage the challenging personnel issues, financial
and operation issues and capital program requirements currently
facing our authority. Our interim director is doing her best but may
not have the proper training and experience to deal with these
challenging issues.
I'd like the board to consider directing the county manager to
assist the -- to assess the situation, work with our advisory board to
assist with the resources necessary on an interim basis to assure
effective airport operations up and until a new executive director is
hired.
CHAIRMAN COYLE: Okay. Is that a motion?
COMMISSIONER COLETTA: Well, I'd like to include that in
the motion to approve this.
CHAIRMAN COYLE: Okay. So you're recommending that we
approve this change in the selection process and to also direct the
county manager to work with the Airport Authority to assist in -- on a
daily -- day-to-day operations until we get a new--
COMMISSIONER COLETTA: As he judges to be necessary.
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May 11,2010
CHAIRMAN COYLE: Okay. All right.
Commissioner Fiala?
COMMISSIONER FIALA: I'm afraid I didn't understand what
Commissioner Coletta wanted.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: Yeah, I'm sorry. I'll try to be a
little more exact.
There's been a number of different little issues that have come up.
Procedures could probably take care of them if they were in place.
The last board meeting, quite a few different issues came up that
were very contentious. The votes came down 4-3. There's a
disagreement over the management that's taking place at this point in
time.
And what I'm looking for is an avenue to be able to have the
county manager assess what is taking place there and be able to assist
in the operations until an airport director is hired.
As you know, there's been a -- there's been a breach in the --
recently at a meeting regarding the discussions taking place on the
selection committee for the airport director, and that breach has caused
this whole process to be drawn out even longer than it should be, and
to be able to smooth that out and some other issues that are taking
place there, of course at the county manager's discretion, that he
would assist just with the resources we have at hand.
Because they're two different entities. The Airport Authority is
responsible only to the Board of County Commissioners, not the
county manager. Nothing would change with that. He -- the county
manager would make his own personal experience and his staff
available as needed.
COMMISSIONER FIALA: I didn't know there was a problem or
a breach or whatever Commissioner Coletta's talking about.
MR.OCHS: Commissioner, we've got some -- as the
commissioner said, there seems to be a host of recent personnel issues
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May 11,2010
and some operational and program requirements that are no one's
fault. It's just the press of business, and we've got an interim director
in there who lacks some experience in overall management of some of
these things. And the suggestion by the commissioner is that perhaps
my office or member of my staff or perhaps even one of your CRA
staff could help with the management here on an interim basis to make
sure that we're moving all the programs forward and taking care of the
budget and other fiscal necessities in your Airport Authority. My
office would be more than happy to help if the board would like to
help.
CHAIRMAN COYLE: Does that clarify it, Commissioner?
COMMISSIONER FIALA: Yes, it does. Thank you.
CHAIRMAN COYLE: Any further discussion?
(No response.)
CHAIRMAN COYLE: We have a motion by Commissioner
Coletta. Do we have a second?
COMMISSIONER HENNING: Second.
CHAIRMAN COYLE: Second by Commissioner Henning.
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. Okay.
Item #10E (Moved from Item #16B8 during Agenda Changes per
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May 11,2010
Commissioner Henning)
A WORK ORDER FOR A CONSTRUCTION PROJECT TO
BONNESS, INC. FOR THE J&C BOULEVARD INTERSECTION
IMPROVEMENTS AT AIRPORT-PULLING ROAD (C.R. 31) IN
THE AMOUNT OF $288,939.06, CONTRACT NO. 09-5197,
PROJECT NO. 60182 -APPROVED
MR. OCHS: Commissioners, that takes us to Item 10E, which
was previously Item 16B8 on your agenda. And that is a
recommendation to approve a work order for construction project to
Bonness, Inc., for the J&C Boulevard intersection improvements at
Airport-Pulling Road in the amount of $288,936.06. This was related
to the item you just heard regarding the drainage at the J&C and
Airport Road intersection.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Motion to approve by Commissioner
Henning, second by Commissioner 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: It passes unanimously.
MR. AHMAD: Thank you.
Page 109
May 11,2010
CHAIRMAN COYLE: Good presentation, Jay.
Item #12A (Moved from Item #17D per Agenda Change Sheet)
ORDINANCE 2010-20: AN ORDINANCE WHICH WOULD
ESTABLISH A MECHANISM TO CREATE A DEDICATED
SOURCE OF REVENUE TO FUND AN ECONOMIC
DEVELOPMENT PROGRAM AND TO ADVANCE ECONOMIC
DEVELOPMENT INITIATIVES IN ZONES OF GEOGRAPHIC
CONCENTRATION WITHIN UNINCORPORATED COLLIER
COUNTY, THESE ZONES, TO BE CALLED INNOVATION
ZONES, WILL BE DESIGNATED BY THE BOARD FROM TIME
TO TIME THROUGH THE IMPLEMENTATION OF ECONOMIC
DEVELOPMENT PLANS ADOPTED BY RESOLUTION FOR
EACH INNOVATION ZONE - ADOPTED
MR. OCHS: Commissioners, that takes us to -- you already did
public comments, so that takes us to Item 12, county attorney's report.
12A was previously 17D on your summary agenda. I'll read that.
It's a recommendation to adopt an ordinance which would
establish a mechanism to create a dedicated source of revenue to fund
an economic development program and to advance economic
development initiatives in zones of geographic concentration within
unincorporated Collier County. These zones, to be called innovation
zones, would be designated by the board from time to time through the
implementation of an economic development plan as adopted by
resolution for each innovation zone.
This item was moved to the regular agenda at the request of both
Commissioner Henning and Commissioner Coletta.
MR. KLATZKOW: I can start, if you'd like or--
CHAIRMAN COYLE: I would prefer to start, if you don't mind.
But if Commissioner Henning wants to say something first, he's -- his
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light is on.
COMMISSIONER HENNING: I know sooner or later I'll have
some say -so.
CHAIRMAN COYLE: Well, you will.
COMMISSIONER HENNING: I can wait.
CHAIRMAN COYLE: All right. There have been a couple of
issues raised about this ordinance that I think needs to be addressed.
There have been some people who have expressed the opinion
that this ordinance is designed to somehow benefit Jackson Labs and
the creation of this genetics research center there, and I'm here to
correct the record on that issue, I hope definitively.
I hope the Naples Daily News is watching this on television. We
don't have any representatives here in the room at the present time.
But I'm the one who proposed a self-sustaining incentive program for
economic diversification. In the past, what happened was, we would
allocate some funds each year for economic development, and the
funds would be used up by a single organization, and we wouldn't
have anything for another one. That never developed any momentum
at all.
So when I was asked to co-chair the EDC's catalyst project
committee, which had its first meeting on Thursday, February the
25th, 2008, we began discussions about these issues. And by
December the 18th, 2008, we had finalized those discussions on a
self-sustaining economic incentive program that included the
designation of zoning that would permit tax increment financing.
My first meeting with anybody from Jackson Labs was -- looks
like almost a full year later -- May the 5th -- no, six months later --
May the 25th, 2009. That was my first contact with Jackson Labs.
So this ordinance had nothing to do with Jackson Labs because I
was not even aware of Jackson Labs, so -- and furthermore, how can a
tax increment financing ordinance be of any value to a nonprofit
organization that doesn't pay taxes? It is crazy that anybody even
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suspects that sort of thing.
So -- now, we've got that out of way. There is no connection
between this ordinance and Jackson Labs or the genetics institute that
came up much, much later.
Now, this ordinance is not an agreement to do anything for
anybody. It does not obligate anybody to do anything. It is an
ordinance just like there is a statute that says, hey, you can set up a
community redevelopment agency, and here are the rules and the
procedures for how you go about setting up one.
This is a ordinance which sets up the structure and informs
people of the possibility of setting up economic development zones
which could use tax increment financing to help finance it so the total
tax burden is not placed on our taxpayers.
Perfectly logical, entirely legal process which obligates nobody
to do anything or to pay any taxes. It requires an agreement by the
property owners. They have to come to us and say, we want to be
designated as one of these zones, and we say to them, okay. What
economic developments are you going to provide in order to be
considered for this? And they provide those, and it's written into an
agreement, and only then does the economic development zone come
into existence.
So this is not a taxing mechanism. It does not force tax upon
anybody. It allows landowners to make conscious decisions about
how they would like to have their land zoned and how they can
contribute to economic development and diversification.
So there is nothing here that is threatening to anybody for any
reason whatsoever. Any concerns about the terms of the tax
increment financing would be contained in the agreement. But until
there's an agreement, this is nothing. This is just a framework and a
notification, a public notification, that says, folks, this is a way we can
participate together.
If you want to take advantage of it, come in, talk with us, and
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we'll see what we can work out. And if you can propose to us how you
can create economic development and diversification that is of benefit
to the people in Collier County, then we'll work out an agreement with
you, and we'll set the parameters for the zoning and for the tax
increment financing program, we'll set an expiration or sunset date for
all those kinds of things, and it will be vetted in a public hearing just
like all of our other petitions are.
So there is nothing in this process that will cause problems for
anybody, end of story.
So -- now, I have something to say about some other things that
are ancillary to this, but I'll stop there and -- people who have
questions or comments.
Commissioner Henning was first, of course.
COMMISSIONER HENNING: Good. Creating this ordinance,
what Florida law makes it lawful?
MR. KLATZKOW: Home rule. This falls squarely within your
home rule authority.
COMMISSIONER HENNING: And they have -- I know they
have certain provisions for tax increments under CRA.
MR. KLATZKOW: Yes.
COMMISSIONER HENNING: And you have to make a
finding. Do we have to make a finding when we create --
MR. KLATZKOW: No. This is a framework to create a
private/public partnership. This particular ordinance is used
throughout the state in one form or another.
COMMISSIONER HENNING: For a long period of time it's
been established?
MR. KLATZKOW: Yes.
COMMISSIONER HENNING: What -- who's going to manage
these TIF funds?
MR. KLATZKOW: The board.
COMMISSIONER HENNING: And the Board of
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Commissioners will dedicate what it can be spent for, how much and
when?
MR. KLATZKOW: Yes.
COMMISSIONER HENNING: And you foresee in the
resolutional (sic) ordinance creating the different economic zones
going to be a sunset?
MR. KLATZKOW: That would be up to the board. You can do
that. But every year you would vote on the millage anyway . You
could, for example, decide one year that we're no longer going to be
committing TIF funds towards -- or they can increment towards the --
towards the trust fund, but we need the entire thing for the county, and
you can -- you can change it. It's entirely within the board's power.
COMMISSIONER HENNING: Okay. Personally I -- in the
ordinance I'd like to see -- I'd like to have language of what it can be
spent for. Some of the CRAs that we have, we're paying for a parade
or something like that. Some people might not consider that
improving a blighted area.
Of course, this can be amended to get some criteria of what it
could be used for.
MR. KLATZKOW: And what I did here, sir, is I wanted to
create a simple -- we wanted to create a simple ordinance that would
give the board as much power as it could.
COMMISSIONER HENNING: Right.
MR. KLATZKOW: But in part of the ordinance, what I created
was an implementation in Section 10, the board to establish rules and
regulations to implement this so that the Board of County
Commissioners could limit themselves from time to time as to what
they want to do, they'd direct staff as to what they want to see come
forward to them.
And as time goes on, the board could easily change that by
resolution rather than have to change an ordinance constantly, which
is difficult.
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COMMISSIONER HENNING: Right. And I guess I have to ask
my colleagues, or -- I guess we're looking at this to put in
infrastructure to pay for fees that normally would be paid from other
sources to entice businesses? Is that what everybody's understanding,
or is it to have a parade?
CHAIRMAN COYLE: Well, yes, for that portion of the tax
increment financing that is allocated to that. But as the county
attorney said, you have the ability to say, we'll only provide 10
percent or 50 percent of the tax increment financing for that purpose,
and the rest of it has to go to the county in general.
So you're not locked in to just all or nothing as we are now with
tax increment financing. We can adjust it so that we can make
conscious decisions about where the money is needed the most.
So if we don't have a demand for economic development or
diversification for a year or two, we might want to use those funds for
general county benefit rather than a specific economic development
zone benefit.
COMMISSIONER HENNING: I mean, what you're saying is,
you could pull those funds out and use it for general expenditures.
CHAIRMAN COYLE: I don't know if we're talking about
pulling them out or just merely reallocating the portion of the funds
that will be collected.
MR. KLATZKOW: The board can, on an annual basis,
reallocate.
CHAIRMAN COYLE: Yeah, yeah. So that -- it gives us a lot
more flexibility than, let's just say, the situation that we're facing with
Marco where Marco is going to -- they want to have a -- previously
had stated they wanted to have a tax increment financing. Well, they
can do that, and they can do it for as long as they want to, and they
can keep all of the money if they want to.
In this case, we've got -- clearly this is only going to be
happening in the county though. But it's a different situation where
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we've got control of it and we can make -- we can adjust it as we go
forward to meet our -- the important needs of Collier County.
COMMISSIONER HENNING: I would imagine a lot of these
funds are going to be used for capital expenditures, maybe roads,
drainage, and so on and so forth, within an industrial zoned area.
How do you know that you're getting the best value for those
improvements?
MR. KLATZKOW: It's board -- it's up to the board, sir.
COMMISSIONER HENNING: Well, I mean, we have -- we're
bound by a process now to where you have to, you know, get bids
before a certain project.
CHAIRMAN COYLE: It will be the same thing.
MR. KLATZKOW: It will be the same thing if you're going to
build a road, sure.
COMMISSIONER HENNING: Be the same thing?
MR. KLATZKOW: Yes, sir.
COMMISSIONER HENNING: Okay. All right.
CHAIRMAN COYLE: Yeah.
COMMISSIONER HENNING: All right.
CHAIRMAN COYLE: Expenditure of the funds would not
change from what we have now. It would change --
COMMISSIONER HENNING: And each economic
development zone, those funds would stay within that zone.
MR. KLATZKOW: Not necessarily. What the board could do is
the board could put it within that zone or the board could site from all
or part of the money from one zone to another zone to create one, in
essence, mega-fund, you know, to build up some sort of economic war
chest to bring things in. It gives the board absolute discretion on how
the board wishes to develop these plans.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: Okay. Commissioner, was it Halas or
Fiala?
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COMMISSIONER HALAS: Fiala.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. One of the things, as I was
reading through this, that I remembered very clearly when Marco was
considering their CRA -- which, by the way, that manager is gone
now, so they're not even talking about that anymore. But one of the
things he said was, the county that he had come from had enacted
quite a few TIF funds to do just exactly this same thing.
In fact, they'd put together, between CRAs and TIF fund
accounts, they had 11 of them, which bankrupted the county. And
then they had to go to the taxpayers to cover all of the costs that were
incurred because of this.
Number one, I think that it would behoove us to check with other
counties around the State of Florida who have, indeed, enacted this
procedure, especially those that have quite a few, and see how it has
affected them financially, how it has affected their businesses, if it has,
indeed, been worth -- you know, what you're actually doing is
reducing the tax base.
And as -- we're hoping this is bringing more growth, but then you
don't have money to cover that growth because it's going back into the
TIF, see how it's affected them. We should learn from other people's
experiences. And then if, indeed, this is something we do, we should
have a finite accounting procedure to warn us where the breaking
point is so that we don't -- we then don't bankrupt ourselves because
we are exuberant about encouraging businesses to come.
CHAIRMAN COYLE: If I could try to address that. That's
specifically the reason that we built in the flexibility that we have,
which means that you're not locked in to providing all that money for
reinvestment back into those TIF zones, that it can be shared with the
entire county.
And you -- we, the Board of County Commissioners, will be
directing where that goes. So if it goes for infrastructure, that means
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it's paying for infrastructure that we would otherwise have had to pay
for ourselves perhaps.
COMMISSIONER FIALA: You do agree though that we should
check with the other counties to see how it's affecting them?
CHAIRMAN COYLE: Well, I think we already have. It's -- we
know what other counties have been using this, and we haven't seen
any counties go broke because of anything like this. I mean, it's
impossible to go broke using this particular concept.
COMMISSIONER FIALA: Well, he was in a county in Florida
that went broke.
CHAIRMAN COYLE: Okay. But he did that -- he was talking
about a regular tax increment financing arrangement, not a variable
one where the Board of County Commissioners had control of it.
COMMISSIONER FIALA: I don't know that. Do you know
that?
CHAIRMAN COYLE: Yeah, I know that.
COMMISSIONER FIALA: Okay.
CHAIRMAN COYLE: Okay. Because if -- it would take an
incredibly dumb bunch of commissioners to sit there and let money
accumulate in one fund while they're going broke in another fund.
You merely would say, okay, we need the money somewhere else,
and we're going to move it somewhere else, and that solves the
problem. That's why we built in the protections in this particular
ordinance.
Is this essentially right?
MR. KLATZKOW: This ordinance is only as good as the Board
of County Commissioners that oversees it. I mean, you could have a
board in the future that decides to float a revenue bond and use
everything and bind itself up, or you could have a board that makes
bad decisions as far as businesses being brought in here.
But I have to assume that the Board of County Commissioners
will do a good job, because a bad Board of County Commissioners are
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going to make mistakes up and down the line, not just this ordinance,
but on the budget and everything else.
CHAIRMAN COYLE: Yeah. They'll probably go broke
anyway.
MR. KLATZKOW: They'll go broke anyway.
CHAIRMAN COYLE: Yeah. Commissioner Halas?
COMMISSIONER HALAS: I think this is the right direction to
go in this county. We've never had any real incentive programs, as
was brought up by Commissioner Coyle early on, to really entice
businesses here, and this is one of the first times that, if it's passed by
the governor, that the governor -- or that the state has come up with
cost share revenue for us to move forward to see what we can do to
enhance this community as far as further development to diversify the
economy here.
Presently we've only got about three legs of a stool, and one leg
is totally broken. The other one is agriculture. And as we all know,
that's quickly disappearing.
And so we need to do something here to provide employment,
whether the -- whether this employment comes from outside or
whether it stays at home all depends upon the universities in the area
and the curriculum that they presently have and if they can change fast
enough to meet the demands of new industry coming into this area.
We have -- as I look at this ordinance, we have pretty good
control over it. And as was stated, that we can change the amount of
TIF funds on a yearly basis. We can also say that we'll take the
maximum amount of these TIF funds in these particular areas -- and
I'm sure that we're not going to have a multitude of industrial areas.
We're just probably talking about one or two -- and therefore,
basically address the concerns there to put the infrastructure in and
also to provide tax incentives to have industry or new businesses, tech-
-- high-technology businesses to make a decision to move here in
Southwest Florida.
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I think that what has been presented to us today is very clear, and
I go along with it. And, in fact, I -- I'll make a motion for approval.
MR. MITCHELL: Sir, we have two speakers.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Can I second the motion now
and --
CHAIRMAN COYLE: Sure you can.
COMMISSIONER COLETTA: I'll second the motion now, and
if I may enter some comments into this. I agree completely with
Commissioner Halas and Commissioner Coyle. I appreciate all that
you put into this to bring it around to where it was.
In the past we did nothing more than give lip service to business
development. We had some efforts to go forward, all sorts of
incentives supposedly out there, but they were nickels and dimes.
Everybody -- all our neighbors are beating the day lights out of us in
what they could do.
Just recently we put together a new mechanism within the
county, an economic development director, which is being headed up
by Mr. Jackson, and that's very much appreciated. But now we need
the tools to make it work. I mean, just to put somebody in there and
saying, okay, they're the coordinating body to be able to make this all
come together, and not giving them the tools to make it work, is not
going to work.
And Mr. Jackson has considerable experience with CRAs. Even
though this doesn't fall into the same category as a CRA, it is a
funding mechanism that's self-generating. Not going to get any better
than this, ladies and gentlemen.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yeah. Apparently, I -- I must not
have said it right. I really am in favor of this. I think it's a good idea.
I'm just saying, I'd like to check and see what's happened in other
counties, you know, just so we have some homework done so we can
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make sure it doesn't get there, just like finite accounting to make sure
we're going in the right direction. I don't have any problems with this
at all.
Not only that, but when I talked with Jeff yesterday, and I said,
the great thing about it is, every year we get to relook at it again. I
think that's fine. I don't have any problems with it, so you don't have
to defend it. I'm for it. I'm just saying, I want us to check with other
counties to find out what's happened there, and I want to make sure
that we don't hit a breaking point, that we're ahead of the game. So
that's all I'm saying. Because I didn't say it correctly.
MR. KLATZKOW: I will get you that information, ma'am.
COMMISSIONER FIALA: Okay, thank you.
CHAIRMAN COYLE: Good, okay. Let's call the speakers.
MR. MITCHELL: First speaker is Duane Billington, and he'll be
followed by Tammie Nemecek.
MR. BILLINGTON: Good afternoon, Commissioners. Thank
you for bringing this out into the public. I've certainly learned a lot
here today, and I just want to start by addressing the last paragraph on
something that I sent to you-all, and that reads as follows: We are
fortunate in Collier County to have the commission and staff that we
now enjoy. For too long this was not the case. Some of my comments
come from a concern for what the future may bring and a fear that we
will regress.
Along that line and in that spirit, I have just a couple questions.
One, will any franchise fees from any utility be used to fund this?
And two, is there a way to avoid bonding away our future?
And I'll be happy just to sit here and hear the answer, and that
completes my part of this.
CHAIRMAN COYLE: Can I take the opportunity? Now, you're
talking about -- let's get really clear here. There's two things we've got
to talk about in that respect. One is this ordinance, which doesn't
require any franchise fees or anything else, okay. The other thing is
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the Jackson Labs project, okay. So let's start with the Jackson Labs
proj ect, okay?
MR. BILLINGTON: Sure.
CHAIRMAN COYLE: There's a hierarchy of tasks that have to
be accomplished here, just because we are governmental agencies and
we don't have total control over everything that's going to happen with
respect to Jackson Labs, starting with the fact that we needed to get
state funding committed or we may as well just walk away from it
because it's not going to happen. We cannot do it without the state
funding. That was the first step.
A very cursory economic forecast was made in order to even go
there, but nobody gets into the detailed business plans until you've
passed that first hurdle: Are you likely to have the money to do this?
It's just like qualifying to buy a home. You know, a homeless
person walking into a Realtor's office wanting to take a look at a $15
million mansion in Port Royal is not likely going to meet with success.
Somebody tries to qualify that person, okay . Well, we're trying to get
qualified here. And we think we have state funding, but it's not
approved yet. It won't be approved until the governor approves the
budget the first week of June.
And if he lets the money allocation remain, then that means
we've got a portion of the state funding. Then it becomes our
responsibility and the state's responsibility, by the way, to start doing
the detailed due diligence and reviewing the business plans and the
forecasts of revenues and expenses and in looking at milestones,
because we don't shovel out money to anybody for anything; we give
them money when they've earned certain things according to the
agreement.
And this is the agreement of the Burnham Institute for Medical
Research that was funded by the state and by the county, Orange
County, and it contains a lot of detailed information.
Weare about that far (indicating) in this document, okay . We've
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got a lot of homework to do. And every single meeting that I've had
with any community group in Collier County, I have said, we have a
long way to go, we have a number of obstacles to get over, it's going
to be a tough process. And in the end, if we can present to the people
of Collier County an economically justifiable plan, we will
recommend going forward. We haven't done that yet. These things
are happening in logical sequence.
So the business plan for Jackson Labs is being presented to their
board of trustees within the next two weeks. After it is processed
and/or approved by the board of trustees, they will share it with us,
and they will share it with the state. And the state has very tough
requirements before they hand out any of their money, and so will we.
And we will then analyze it and we will take in all the things that are
going to result from this, and we'll try to make a decision: Is this
economically feasible?
And I'll tell you right up front, nobody has ever said that it is
economically justifiable to put $260 million into getting Jackson Labs
to Collier County with 200 jobs. Nobody has ever said that. It is not.
Nobody would spend that kind of money getting 200 jobs to Collier
County .
We have always said that we expect Jackson Labs would be the
anchor tenant for a much broader genetics research and personalized
medicine complex consisting of the Jackson Labs research facilities, a
hospital, a university extension with degree courses, specialized
medical clinics for the treatment of Alzheimer's, cancer, a number of
other specific diseases, and also it would consist of the residential and
commercial development that is necessary to sustain a village of that
type.
And all of that together, if it happens over ten years, is it worth
the investment of $130 million by Collier County in matching funds?
We haven't made that determination yet. And if we make the
determination, an agreement just like this will come back to the Board
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of County Commissioners for public discussion, and then the
commissioners will vote on it, and we'll make the determination based
upon public input and our own perceptions whether this is a good
business deal. We have never made the allegation that it was a good
deal yet because we don't know.
So to get to your question, in order to know what sources of
funds we should use to support the Jackson Labs' genetics research
center, we need to know what the timing of the funds will be. We
need to know how much of the funds need to be in cash, we need to
know how much of the funds can be infrastructure, we need to know
how much of the matching funds could be waived or deferred impact
fees, and we need to know when the jobs are going to be here, because
money won't be released in many cases for -- until some jobs start
showing up.
So we need to know what the timing is of the scheduled payouts.
And when we know that, then we will be prepared to say, these are
the funding resources that we expect to use. We don't know how
much. I can tell you one thing. The report of 5.96 percent in utility
fee increases is absolutely ludicrous. Nobody has ever talked with me
about that. I have never talked with FP &L about that. FP &L, as far as
I'm concerned, doesn't have anything to say about it except we've got
to negotiate an agreement with them if we do it.
So the point is that, for everybody to get upset about these -- this
gossip that seems to be disseminated throughout the county is unfair
for the people of Collier County . We will present the information
whenever we have it.
The worst thing we can do is come before the public and give
you a poorly thought-out plan, and I don't want to do that. But what I
will be happy to do is I'll be happy to make a report every Board of
County Commission meeting from now until the proj ect is either
completed or it disappears and let people know what we're doing. But
you just can't deal with this on the basis of rumor and gossip.
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COMMISSIONER HENNING: Motion to approve.
MR. BILLINGTON: I think your plan will solve that, and I
appreciate your efforts on this.
CHAIRMAN COYLE: Thank you very much.
MR. BILLINGTON: And I support what you're trying to do.
CHAIRMAN COYLE: Thank you very much.
COMMISSIONER HENNING: Motion to approve the
ordinance.
COMMISSIONER COLETTA: We've got a motion.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: Oh, you did. You've already
got amotion?
CHAIRMAN COYLE: We've got a motion.
COMMISSIONER HENNING: So if you're going to report
every time --
MR. MITCHELL: Sir, you have another speaker.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: I just have a question. If you're
going to report every time until the project is completed, so you're
going to be here until you're 90 what?
CHAIRMAN COYLE: Ninety-four. That will be three more
years.
COMMISSIONER HENNING: Oh, okay.
CHAIRMAN COYLE: But wait a minute. You know, I'll do
that only if you want me to, okay. If the board wants me to do this, I'll
do it. But there seems to be enough -- that's enough for at least this
month, right?
COMMISSIONER COLETTA: Yeah.
CHAIRMAN COYLE: Okay. All right. So we have a motion to
approve.
COMMISSIONER COLETTA: Speaker.
MR. MITCHELL: Sir, we have another speaker, Tammie
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Nemecek.
MS. NEMECEK: Tammie Nemecek. I'll waive in support.
Thank you.
CHAIRMAN COYLE: Thank you.
MS. NEMECEK: Thank you very much, Mr. Chairman and
Commissioners for your support of this. It is one step in our process
for a long-term economic development tool for the community, so we
appreciate the opportunity to work with you on it.
CHAIRMAN COYLE: Thank you very much.
Commissioner Halas?
COMMISSIONER HALAS: Yeah. Maybe we can suggest to
the Naples Daily News that you could have a column similar to Jeff
Lytle's column, and only be more on the positive side of what we're
trying to accomplish here in the county in trying to move forward to
make sure that we take care of future needs in this county and that we
retain our youth instead of having our youth graduate from schools
and colleges and they're moving off to someplace else.
CHAIRMAN COYLE: Thank you very much. And you did
remind me of something. There -- yeah, see what -- you prolonged
this thing. I promise this will be brief.
The idea that the money and the jobs will not come until
sometime in the future is just simply not true. If we are -- if this turns
out to be economically feasible and if we are able to reach an
agreement with Jackson Labs and the other people involved, we can --
Jackson Labs can start breaking ground this year, and that means
construction jobs.
COMMISSIONER HALAS: Jobs.
CHAIRMAN COYLE: Immediately. So it is an important issue.
It provides jobs soon, and it provides jobs later that are higher paying,
and it provides a brighter future for our community if it is deemed to
be economically feasible based on our evaluation, which we still have
to do.
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Okay. Sorry. But--
COMMISSIONER HENNING: Call the motion.
CHAIRMAN COYLE: Okay. 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: Thank you very much.
Good. What do we have now, County Manager?
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR.OCHS: Takes you to Item 15, sir, staff and commission
general communications.
CHAIRMAN COYLE: All right. There are no commission
communications and no staff communications.
MR.OCHS: Nothing from me today, sir.
MR. KLATZKOW: Nothing.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Nothing.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Just one item that -- obviously I'm
hoping that not only that -- I wish Tammie would have stayed here,
but -- that the EDC, but also that the Chamber of Commerce gets
behind the comments that have been written in the paper in regards to
franchise fees, and I'm sorry that this got started.
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May 11,2010
And I don't think the newspaper did us justice. I believe that they
should have found out all the information first prior to printing this,
and we now need to have the chamber and EDC get behind this thing
if we want to try to move something more in the positive direction in
this county.
And I'm hoping that there'll be an outcry from all businesses,
because this is going to affect not only the residents, but it's also going
to affect the businesses.
And one of the things that we need to do is make sure that we
look at bringing businesses in here. The end result is that we benefit
better from the businesses than we do from residential. It costs us
more to keep residential properties up than it does business properties,
and they bring jobs, they bring people here for paying ad valorem
taxes and buying homes, and I wish that people would get the big
picture before they start throwing rocks.
CHAIRMAN COYLE: Thank you very much.
I don't have anything to add.
Commissioner Coletta?
COMMISSIONER COLETTA: It's been a most interesting
meeting. Thank you. That's all.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Two things. Somebody just
reminded me of one.
The one thing is, I understand that the fire plan review is going to
have a new process when a resident needs to replace their air
conditioning to where they need to have -- this is only on commercial
and, of course, some of our residential condos is commercial -- where
they need to have an inspection, they need to submit plans and have an
inspection. Boy, is that government at its best.
Does anybody know about this? I mean, I could just imagine
going into my favorite sporting goods stores sweating profusely,
waiting for the fire marshal to come and approve the plans.
Page 128
May 11,2010
MR. CASALANGUIDA: Good afternoon, Commissioner. Nick
Casalanguida. I found out about this a couple days ago. We have our
building director standing -- Gary Harrison talking to Ed Riley about
this.
But it's been proposed, a $200 review fee for commercial air
conditioning replacements. It's not a county fee, as you know, but
we're getting a lot of heat at, formerly, Community Development
about this new fee, so we're trying to stay ahead of it. But it's -- as you
know, we don't control the fire districts.
COMMISSIONER HENNING: Does it have to come before the
board, the Board of County Commissioners? I mean, it's --
MR. CASALANGUIDA: No, sir.
COMMISSIONER HENNING: Do we have to approve any fire
code --
MR. CASALANGUIDA: No, sir.
COMMISSIONER HENNING: -- related? You're kidding me.
MR. CASALANGUIDA: It's the state building code, the state
fire code. And they can use that -- it does not come before this board.
COMMISSIONER HENNING: It's a state fire code?
MR. CASALANGUIDA: They'll review that under -- and they
can initiate a fee based on their review. So it's nothing that comes
before this board.
COMMISSIONER HENNING: Wow. So business is slow in
commercial review, and that's what fire plan review does, so they
devised a new way to increase their income?
MR. CASALANGUIDA: I can't speak for the fire district and
fire review, sir.
CHAIRMAN COYLE: And create more positions.
COMMISSIONER HENNING: And -- or retain position --
CHAIRMAN COYLE: Or retain, that's right.
COMMISSIONER HENNING: -- that should not, and in the
meantime our residents suffer because of this.
Page 129
May 11,2010
The second thing is, political signs. That was in the Land
Development Code at one time, and when we approved the sign code
amendment, that portion was removed.
MR. CASALANGUIDA: A portion of it was removed, that's
correct, sir.
COMMISSIONER HENNING: So we're not regulating political
signs?
MR. CASALANGUIDA: We are to a certain extent. I can
provide you with the updated section. I don't have it in front of me.
We're still applying for a permit of notice permit. We're not
regulating the type, but I can get you the details on that. I don't have it
in front of me.
COMMISSIONER HENNING: Right. I mean, I think there's an
application for it, but there's no regulations for it.
MR. CASALANGUIDA: Correct.
COMMISSIONER HENNING: Well, the regulations issue, it's a
little bit concerning that, you know, we have a nice community, and
there's a potential to have a whole bunch of signs -- political signs out
there that, A, we're not saying, you know, how big they should be, B,
where they can place them, C, when they should take them down. I
mean, that's a little concerning.
MR. CASALANGUIDA: You know, I think there is regulation
in terms of if it's a structural sign, it has to meet a certain wind load.
But I can check into that and get back to you, sir. I want to make sure
I answer you correctly.
COMMISSIONER HENNING: It never had to meet a structural
load before, prior, on political signs.
MR. CASALANGUIDA: I don't think it can be a hazard, you
know, in terms of -- to the public.
COMMISSIONER HENNING: Right. But the -- how big it can
be, you know, how many of them on one property.
MR. CASALANGUIDA: Yeah. I don't think there's a regulation
Page 130
May 11,2010
on how many, but I -- if you want me to come back to you with a full
detail on political signs, I can.
COMMISSIONER HENNING: There isn't.
CHAIRMAN COYLE: Yeah. That -- oh, I'm sorry. Are you
finished?
COMMISSIONER HENNING: No, I mean, there isn't, there
isn't. I remember dealing with this with Joe, and I posed the question.
Jeff, you remember that?
MR. KLATZKOW: Yeah. I believe we -- there's some
substantial changes to it. I don't remember the details.
COMMISSIONER HENNING: Yeah, it was just removed.
MR. KLATZKOW: Yeah.
MR.OCHS: Commissioner, I believe this was an offshoot of the
Settlement Agreement you made with the advertising company in
Bonita.
MR. KLATZKOW: We updated the code to comply with the
latest Supreme Court cases on signage in general, and political signs
should be treated no different than any other sign.
CHAIRMAN COYLE: Yeah, yeah. I've got mine mounted on
trucks with flashing lights, so it's -- I probably won't be bothering with
the sign code too much. They're 250 foot -- square foot signs.
Okay. Give me a copy of that, too, will you?
MR. CASALANGUIDA: Sure.
CHAIRMAN COYLE: All right. Commissioner Halas?
COMMISSIONER HALAS: Hey, Nick. Before you go away,
the best advice I can give you -- because CDES is a magnet, to get that
damn fire district out of their office and get them moved down the
street someplace so you don't take heat like everybody else has taken
heat in the past with CDES in regard to permitting and everything
else.
Ninety percent of the permitting problems are caused because of
this fire district, and some of their codes are outrageous. And you talk
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May 11,2010
to people from Miami, you talk to other counties, they can't believe
the restrictions that we have here by fire code, and we don't have any
jurisdiction over them. But the best thing to do is to have that -- those
people move out of that building, because that -- when those -- in that
same building with you --
CHAIRMAN COYLE: They're your people.
COMMISSIONER HALAS: -- you're going to get the dirt.
MR. CASALANGUIDA: Yeah.
MR.OCHS: Noted.
MR. CASALANGUIDA: Yeah, noted, sir.
COMMISSIONER HENNING: Motion to adjourn.
CHAIRMAN COYLE: Okay . Well, excuse me. Let me just say
something. Although these things do not come before us for approval,
that does not mean that we are powerless.
You will recall that we just sent a letter to the state legislature
and the governor to try to prohibit the fire departments from
implementing retroactively a code that would require renovations of
condominiums for thousands of people in Collier County. And that --
the relief from that fire code passed the state legislature. It is before
the governor now to be signed. And ifhe does, then we've solved that
particular problem.
There is no reason that if we're concerned about this other fire
code issue that Commissioner Henning raised, that we can't take a
similar position and start encouraging other counties, through F AC
and otherwise, to oppose these things. Because if somebody doesn't
oppose them, then you won't be able to do anything without a fire
inspection the way things are going.
So I would like to ask staff to come back to us with a
recommendation concerning whether or not we should communicate
these concerns to our state legislature and try to get relief from some
of this stuff. I mean, it's crazy.
MR. CASALANGUIDA: We can do that, sir.
Page 132
May 11,2010
CHAIRMAN COYLE: Do we have three nods for that?
COMMISSIONER HENNING: Yeah.
CHAIRMAN COYLE: Okay. All right. I see--
COMMISSIONER HENNING: Ludicrous application to
regulation.
CHAIRMAN COYLE: It is. You know, every one of these
situations, every fire code implementation should require a detailed
risk analysis. How many deaths or fires have occurred because of a
violation of this particular item?
And when they did that for this condominium fire code, I think
over the past five years they found one death in Collier -- I mean, in
all of Florida. And it simply doesn't make sense to impose these codes
on people.
So anyway. I've ranted enough about fire districts.
COMMISSIONER HENNING: Motion to adjourn.
COMMISSIONER HALAS: They'll be laying off firemen
because we don't have any fires anymore.
CHAIRMAN COYLE: We had a motion to adjourn by
Commissioner Henning. Does anybody want to second that, or do we
want to stay here for another hour or so? It dies for want of a second,
Commissioner Henning.
COMMISSIONER HALAS: We're going to have fun now.
COMMISSIONER HENNING: Let me amend my motion.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: I make a motion that we
adjourn.
CHAIRMAN COYLE: Okay. I'll second that motion, all right.
We are adjourned. Okay.
*****
Item #16A1
Page 133
May 11,2010
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITIES
FOR NORTH NAPLES FIRE - TAYLOR ROAD OFFICE - WITH
THE RELEASE ANY UTILITIES PERFORMANCE SECURITY
(UPS)
Item #16A2
COLLIER COUNTY FLOODPLAIN MANAGEMENT PLAN 2009
PROGRESS REPORT - A REQUIREMENT OF THE COUNTY'S
PARTICIPATION IN COMMUNITY RATING SYSTEM OF THE
NATIONAL FLOOD INSURANCE PROGRAM
Item #16B1
BUDGET AMENDMENT TO RECOGNIZE REVENUE FOR
PROJECTS WITHIN THE TRANSPORTATION SUPPORTED
GAS TAX FUND (313) IN THE AMOUNT OF $50,793.60 - FOR
THE COUNTYWIDE PATHWAYS PROGRAM, TRAFFIC
IMP ACT STUDY REVIEW, AND PLANNED UNIT
DEVELOPMENT MONITORING/TRAFFIC COUNTS
PAYMENT -IN-LIEU PROJECTS
Item #16B2
AWARD A CONSTRUCTION CONTRACT TO M&J
CONSTRUCTION COMPANY OF PINELLAS COUNTY INC.,
FOR BID NO. 10-5454 GOODLAND BRIDGE (030184) SCOUR
REMEDIATION PROJECT (CR 92 OVER MARCO CHANNEL),
IN THE AMOUNT OF $851,455. PROJECT #66066 - SECOND
PHASE IN ADDRESSING THE STRUCTURAL DEFICIENCIES
OF THE BRIDGE AS IDENTIFIED IN THE FDOT BIENNIAL
Page 134
May 11,2010
BRIDGE INSPECTION REPORT AND THE "CONDITION
ASSESSMENT AND RECOMMENDATION REPORT" FROM
DECEMBER 2007
Item #16B3
AWARD BID #10-5406, IRRIGATION PARTS AND RELATED
ITEMS TO FLORIDA IRRIGATION SUPPLY, INC. FOR A
COUNTYWIDE ESTIMATED ANNUAL AMOUNT OF $60,000-
TO BE UTILIZED BY VARIOUS DEPARTMENTS
THROUGHOUT THE COUNTY
Item #16B4 - Withdrawn (Per Agenda Change Sheet)
AWARD RFQ #10-5482 - LELY MSTU IRRIGATION REUSE
WATER SOURCE RENOVATION TO HANNULA LANDSCAPE
& IRRIGATION, INC., IN THE AMOUNT OF $59,992.20 - FOR
THE INSTALLATION OF THE MIXING CHAMBER
Item #16B5
AWARD OF CONTRACT #10-5474 TO TEMPLE, INC. FOR
TRAFFIC CONTROL SYSTEM COMPONENTS IN THE
AMOUNT OF $122,794.50 (FDOT LAP FUNDED PROJECT) - TO
EXPAND THE CURRENT SCOOT INSTALLATION ON
AIRPORT-PULLING ROAD NORTH
Item #16B6
RESOLUTION 2010-93: RESOLUTION AUTHORIZING THE
SUBMISSION OF THE FY10/11 TRANSPORTATION
DISADVANTAGED TRUST FUND TRIP/EQUIPMENT GRANT
Page 135
May 11,2010
APPLICATION WITH THE FLORIDA COMMISSION FOR THE
TRANSPORTATION DISADVANTAGED (CTD) IN THE
AMOUNT OF $652~703 WITH A LOCAL MATCH OF $65~270
Item #16B7
WORK ORDER FOR A CONSTRUCTION PROJECT TO BETTER
ROADS, INC. FOR THE IMMOKALEE ROAD (C.R. 846)
INTERSECTION IMPROVEMENTS AT EVERGLADES
BOULEVARD IN THE AMOUNT OF $415,980.91, CONTRACT
NO. 09-5197, PROJECT NO. 66065 - INCLUDING A 5' WIDE
PAVED SHOULDER ON BOTH SIDES OF THE ROADWAY
AND CONSTRUCTION OF AN EASTBOUND RIGHT TURN
AND WESTBOUND LEFT TURN LANES
Item #16B8 (Moved to Item #10E During Agenda Changes per
Commissioner Henning)
Item #16B9
BUDGET AMENDMENT REALLOCATING EXISTING
FUNDING FOR THE PURPOSE OF CONDUCTING
ENGINEERING STUDIES AND TRAFFIC ANALYSIS TO
SUPPORT ONGOING CAPITAL PROJECTS, OPERATIONS AND
MAINTENANCE PROJECTS WITHIN THE TRANSPORTATION
SUPPORTED GAS TAX FUND (313) IN THE AMOUNT OF
$150,500 - TO SUPPORT THE FOLLOWING PROJECTS:
ORANGE BLOSSOM/AIRPORT INTERSECTION AND ACCESS
MANAGEMENT, BLUEBILL AVENUE/GULF SHORE DRIVE
INTERSECTION REVIEW, I-75/IMMOKALEE CONCURRENCY
SEGMENT LEVEL OF SERVICE UPDATE, 1-
75/COLLIERlDA VIS INTERCHANGE LEVEL OF SERVICE
Page 136
May 11,2010
UPDATE AND SIMILAR IMPROVEMENT PROJECTS
Item #16BI0
PURCHASE OF 2.81 ACRES (PARCEL 1272FEE) OF IMPROVED
REAL PROPERTY WHICH IS REQUIRED FOR THE
CONSTRUCTION OF PHASE 2 OF THE VANDERBILT BEACH
ROAD EXTENSION PROJECT BETWEEN WILSON AND
DESOTO BOULEVARDS. PROJECT NO. 60168 (FISCAL
IMPACT: $157,610) - LOCATED AT SOUTH 180 FEET OF
TRACT 5~ GOLDEN GATE ESTATES~ UNIT 16
Item #16Cl
RATIFY CHANGE ORDER NO.1 TO A WORK ORDER ISSUED
TO QUALITY ENTERPRISES USA, INC., UNDER CONTRACT
#08-5011 FOR PROJECT #72549, PUMP STATION
IMPROVEMENTS 112.06 AND 130.00 - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16Dl
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 THE
FOLLOWING ADDRESSES: 2040 46TH Terrace SW, 34116; 4437
54TH AVENUE NE, 34120; 4040 31 ST AVENUE NE, 34120; 2765
58TH AVENUE NE, 34120; 2860 64TH AVENUE NE, 34120; 3620
20TH AVENUE NE, 34120; 2545 45TH AVENUE NE, 34120; 2820
47TH AVENUE NE, 34120; 380 47TH AVENUE NE, 34120; 5031
Page 137
May 11,2010
32ND AVENUE SW, 34116; 2540 50TH AVENUE NE, 34120; 3120
WILSON BLVD. N, 34120; 2560 47TH AVENUE NE, 34120; 5271
24TH AVENUE SW UNIT A, 34116; 5271 24TH AVENUE SW UNIT
B, 34116; 781 GOLDEN GATE BLVD W, 34120; 5300 17TH PL
SW, 34116; 3765 29TH AVENUE NE, 34120; 4910 42ND ST NE,
34120; 4814 30TH PL SW, 34116; 3671 18TH AVENUE NE, 34120;
5418 23RD CT SW, 34116; 5410 26TH AVENUE SW, 34116; 2975
4TH ST NE~ 34120
Item # 16D2
DONATED FUNDS IN THE AMOUNT OF $5,940 AND
APPROVE A BUDGET AMENDMENT RECOGNIZING
REVENUE AND APPROPRIATING FUNDS IN 001-156363
BEACH AND WATER OPERATIONS FOR CONNER PARK -
ENHANCING BEACH PARK OPERATION THROUGH
DONATED AND PRIVATE CONTRIBUTIONS BY DAVID
KRAUSE
Item #16D3
AGREEMENT BETWEEN COLLIER COUNTY PARKS AND
RECREATION AND THE EARLY LEARNING COALITION OF
SOUTHWEST FLORIDA FOR A VOLUNTARY PRE-
KINDERGARTEN EDUCATION PROGRAM WITH
ANTICIPATED REIMBURSEMENTS OF $108,400 AND TO
AUTHORIZE THE COUNTY MANAGER AND/OR HIS
DESIGNEE TO SIGN IN SUBSEQUENT YEARS - FOR THE
FOLLOWING PARTICIPATING SITES: IMMOKALEE
COMMUNITY PARK, EAST NAPLES COMMUNITY PARK,
MAX HASSE COMMUNITY PARK AND GOLDEN GATE
COMMUNITY CENTER
Page 138
May 11,2010
Item #16D4
AFTER THE FACT APPROVAL FOR THE SUBMITTAL OF THE
2010 STATE OF FLORIDA DEPARTMENT OF CHILDREN AND
FAMILIES (DCF) HOMELESSNESS PREVENTION AND RAPID
RE-HOUSING PROGRAM (HPRP) APPLICATION TO ASSIST
THE HOMELESS AND AT RISK POPULATION IN COLLIER
COUNTY - THE DCF GRANT WILL PROVIDE DIRECT
ASSISTANCE FOR CITIZENS WHO ARE HOMELESS OR AT
RISK OF BECOMING HOMELESS TO PAY RENT, RENTAL
DEPOSITS, UTILITY DEPOSITS AND UTILITY PAYMENTS,
AND WILL ALSO BE USED TO PAY FOR CASE AND DATA
MANAGEMENT FOR CLIENTS ASSISTED BY THE PROGRAM.
THE DEADLINE TO DCF WAS APRIL 20~ 2010
Item #16D5
AMENDMENT TO THE STATE OF FLORIDA DEPARTMENT
OF CHILDREN AND FAMILIES CHALLENGE GRANT. THE
AMENDMENT IS NECESSARY DUE TO A CHANGE IN THE
ADMINISTRATION OF HOMELESS MANAGEMENT
INFORMATION SYSTEM - DUE TO THE ADMINISTRATION
OF HOMELESS MANAGEMENT INFORMATION FROM
HUNGER AND HOMELESS COALITION TO THE COLLIER
COUNTY DEPARTMENT OF HOUSING AND HUMAN
SERVICES
Item #16El
RATIFY PROPERTY, CASUALTY, WORKERS
COMPENSATION AND SUBROGATION CLAIMS SETTLED
Page 139
May 11,2010
AND/OR CLOSED BY THE RISK MANAGEMENT DIRECTOR
PURSUANT TO RESOLUTION #2004-15 FOR THE SECOND
QUARTER OF FYI0 - TO SETTLE CERTAIN DAMAGE
CLAIMS AGAINST COLLIER COUNTY AND THE PAYMENT
OF INVESTIGATION AND ADJUSTMENT EXPENSES
Item #16E2
ACCEPT REPORT AND RATIFY STAFF-APPROVED CHANGE
ORDERS AND CHANGES TO WORK ORDERS - FOR THE
PERIOD OF MARCH 23~ 2010 THROUGH APRIL 20~ 2010
Item #16E3
TRANSFER $245,566 WITHIN FUND 181, COURT FACILITIES
FEES, FROM THREE COMPLETED AND CLOSED PROJECTS
INTO TWO NEW, COURT APPROVED PROJECTS FOR
IMPROVEMENTS TO THE COURTHOUSE - HV AC REPAIRS,
REPLACEMENT, AND ADDITIONAL MECHANICAL
SYSTEMS TO IMPROVE SYSTEM EFFICIENCIES, CUSTOMER
COMFORT, AND SYSTEM STABILITY INCLUDING THE
REPLACEMENT OF OUTDATED SIGNAGE THROUGHOUT
THE COURTHOUSE SO THAT THE SIGNAGE ESTHETICALLY
MATCHES AND REFLECTS THE CURRENT OCCUPANTS
AND AGENCIES
Item # 16E4
ASSUMPTION AGREEMENT FROM GOVERNMENT CAPITAL
CORPORATION TO SUSQUEHANNA COMMERCIAL
FINANCE FOR THE LEASE-PURCHASE OF ONE
AMBULANCE FOR EMS - COUNTY STAFF WAS NOTIFIED
Page 140
May 11,2010
OF THE ASSIGNMENT ON APRIL 14~ 2010
Item # 16E5
SECOND AMENDMENT TO LEASE AGREEMENT WITH
ABBAS AHRABI ASLI FOR THE CONTINUED USE OF OFFICE
SPACE OCCUPIED BY THE PROPERTY APPRAISER'S OFFICE
FOR ONE ADDITIONAL MONTH AT A TOTAL COST OF
$54,471.75 - IN ORDER FOR STAFF TO HAVE ENOUGH TIME
TO RELOCATE THE PROPERTY APPRAISER'S OFFICE AND
STAFF
Item #16F1 (Continued to the May 25,2010 BCC Meeting Per
Agenda Change Sheet)
LEASE PURCHASE AGREEMENT WITH ZOLL MEDICAL
CORPORATION FOR THE REPLACEMENT OF TWENTY-
EIGHT (28) AUTOPULSES FOR EMERGENCY MEDICAL
SERVICES IN THE AMOUNT OF $146,655.31 - FOR NEW
AUTOMATED CHEST COMPRESSION SYSTEMS THAT
DELIVER IMPROVED BLOOD FLOW DURING SUDDEN
CARDIAC ARREST
Item #16F2
RESOLUTION 2010-94: RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2009-10 ADOPTED BUDGET
Item #16Gl
Page 141
May 11,2010
COMMUNITY REDEVELOPMENT AGENCY APPROVE THE
BAYSHORE GATEWAY TRIANGLE LOCAL CRA ADVISORY
BOARDS REQUEST TO CO-HOST A BA YSHORE FESTIVAL
OF THE ARTS EVENT AT SUGDEN REGIONAL PARK,
APPROVE UP TO $15,000 FROM THE BAYSHORE GATEWAY
TRIANGLE TRUST FUND (FUND 187) FY11 MARKETING &
PROMOTIONS BUDGET TO FINANCIALLY SUPPORT EVENT
COSTS, AND DECLARE THAT THE EVENT SERVES A VALID
PUBLIC PURPOSE - THE FESTIVAL WILL BE HELD ON
JANUARY 29 & 30~ 2011
Item #16G2
SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES
(BEER AND WINE) DURING THE CRA CO-HOSTED EVENT
"BA YSHORE FESTIVAL OF THE ARTS" ON JANUARY 29-30,
2011 AT SUGDEN REGIONAL PARK - WITH STAFF
MONITORING THE OPERATION INCLUDING THE SALE OF
ALCOHOL AND AGE-IDENTIFICATION SERVICES
Item #16G3
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(BCC) ACTING AS THE COMMUNITY REDEVELOPMENT
AGENCY (CRA) TO AUTHORIZE ITS CHAIRMAN TO SIGN AN
AGREEMENT BETWEEN THE IMMOKALEE CRA AND THE
EASTERN COLLIER CHAMBER OF COMMERCE - FOR THE
50TH IMMOKALEE HARVEST FESTIVAL
Item #16G4
BUDGET AMENDMENT FOR $190,800 TO INCREASE
Page 142
May 11,2010
BUDGETED REVENUES AND BUDGETED EXPENSES FOR
THE SALE AND PURCHASE OF AVIATION FUEL AT MARCO
ISLAND EXECUTIVE AIRPORT - DUE TO THE INCREASED
COST OF FUEL
Item #16G5
RESOLUTION 2010-95: RESOLUTION AUTHORIZING
EXECUTION OF REVISED MASTER JOINT PARTICIPATION
AGREEMENT 2010-A WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO FUND PROJECTS AT THE
EVERGLADES AIRPARK, THE IMMOKALEE REGIONAL
AIRPORT AND MARCO ISLAND AIRPORT
Item #16G6
SUBMITTAL OF A GRANT APPLICATION TO THE FEDERAL
AVIATION ADMINISTRATION FOR CONSTRUCTION OF A
TAXIWAY AT THE MARCO ISLAND EXECUTIVE AIRPORT -
FOR A TAXIWAY OF 5,000 FEET HELPING TO
ACCOMMODATE JET TRAFFIC AT THE AIRPORT
Item #16G7 (Moved to Item #10D During Agenda Changes per
Commissioner Coletta)
Item #16Hl
COMMISSIONER FIALA REQUEST OF REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE EAST NAPLES CIVIC
ASSOCIATION LUNCHEON ON APRIL 15,2010 AT THE
HAMILTON HARBOR YACHT CLUB IN NAPLES, FL. $18 TO
Page 143
May 11,2010
BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET
- LOCATED AT 7065 HAMILTON A VE.~ NAPLES
Item #16H2
PROCLAMATION PRESENTED TO CHRIS NEAL BY
COMMISSIONER FIALA FOR HER TREMENDOUS
CONTRIBUTIONS TO OUR COMMUNITY. SPONSORED BY
COMMISSIONER FIALA
Item #161
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 144
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
May 11,2010
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
1) Airport Authority:
Minutes of March 8, 2010.
2) Animal Services Advisory Board:
Minutes of April 21, 2009; November 17,2009; March 16,2010.
3) Clam Bay Advisory Board:
Minutes of September 24, 2009; October 8, 2009; October 28, 2009.
4) Collier County Coastal Advisory Committee:
Minutes of January 22, 2010 Wiggins Pass Subcommittee;
February 1,2010 Clam Bay Subcommittee;
February 8, 2010 Wiggins Pass Subcommittee.
5) Collier County Planning Commission:
Minutes of March 18,2010.
6) Contractors Licensing Board:
Minutes of March 12,2010.
7) Development Services Advisory Committee:
Minutes of March 3,2010.
8) Floodplain Management Planning Committee:
Minutes of January 4,2010; February 1,2010.
9) Golden Gate Community Center Advisory Committee:
Agenda of March 1,2010; April 5, 2010.
Minutes of March 1,2010.
10) Historical! Archaeological Preservation Board:
Agenda of April 21, 2010.
11) Isles of Capri Fire Control District Advisory Committee:
Minutes of March 4, 2010.
12) Lake Trafford Restoration Task Force:
Minutes of June 2, 2009.
13) Land Acquisition Advisory Committee:
Minutes of March 8, 2010.
14) Ochopee Fire Control District Advisory Committee:
Minutes of January 12,2009; October 19,2009; January 11,2010.
15) Pelican Bay Services Division Board:
Agenda of February 10,2010 Budget Subcommittee; March 3,2010;
March 8, 2010 Budget Subcommittee; April 7, 2010;
April 13, 2010 Budget Committee;
April 14, 2010 Improvement Plan Work Group.
Minutes of February 10,2010;
February 25, 2010 Improvement Plan Joint Workshop;
March 1,2010 Improvement Plan Joint Workshop; March 3,2010;
March 8, 2010 Budget Subcommittee;
March 12,2010 Improvement Plan Joint Workshop.
B. Other:
1) Code Enforcement Special Magistrate:
Minutes of March 5,2010; April 2, 2010.
2) Special Magistrate Intersection Safety Program:
Minutes of March 1,2010.
May 11,2010
Item #16Jl
DISBURSEMENTS FOR THE PERIOD OF APRIL 17,2010
THROUGH APRIL 23,2010 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item # 16J2
DISBURSEMENTS FOR THE PERIOD OF APRIL 24, 2010
THROUGH APRIL 30, 2010 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16Kl
CODE ENFORCEMENT LIEN, FOR PAYMENT OF $15,000, AS
APPROVED BY THE BOARD ON APRIL 13, 2010, IN THE
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
VS. RICHARD CARTER, SPECIAL MAGISTRATE CASE NO.
2007-060653, RELATING TO PROPERTY KNOWN AS 196
BRIARCLIFF LANE, COLLIER COUNTY, FLORIDA - FOR AN
ACCRUAL OF FINES IN THE AMOUNT OF $131,000.00 BY
THE TIME THE PROPERTY CAME INTO COMPLIANCE
Item #16K2
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$850,000 FOR PARCEL 121FEE IN THE LAWSUIT STYLED
COLLIER COUNTY V. PASCAL J. MURRAY, ET AL., CASE NO.
07-4784-CA (SANTA BARBARA BOULEVARD EXTENSION
PROJECT #60091 (FISCAL IMPACT $285,800) - FOR THE
TAKING OF AN ENTIRE 4.34 ACRE PARCEL
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May 11,2010
Item #16K3
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$850,000 FOR PARCELS 122FEE AND 123FEE IN THE
LAWSUIT STYLED COLLIER COUNTY V. PASCAL J. MURRAY,
ET AL., CASE NO. 07-4784-CA (SANTA BARBARA
BOULEVARD EXTENSION PROJECT #60091 (FISCAL IMPACT
$227,600) - FOR THE TAKING OF AN ENTIRE 4.65 ACRE
PARCEL AND .23 ACRE PARCEL
Item #16K4
ALLOWING COLLIER COUNTY TO REMAIN A MEMBER OF
A CLASS ACTION CIVIL LAWSUIT ENTITLED, THE COUNTY
OF MONROE, FLORIDA V. PRICELINE.COM, INC. ET AL, CASE
NO. 09-10004-CIV-MOORE/SIMONTON, NOW PENDING IN
THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA, WHICH SEEKS TO
RECOVER UNPAID TOURIST DEVELOPMENT TAXES ON
BEHALF OF ALL FLORIDA COUNTIES THAT HAVE
ENACTED A TOURIST DEVELOPMENT TAX UNDER
SECTION 125.0104, FLORIDA STATUTES - FOR THE ON-LINE
TRAVEL AGENCIES THAT CHARGE CUSTOMERS AND
REMIT TO THE HOTELS A "TAX RECOVERY CHARGE"
Item #16K5 (Approved w/stipulation to proceed in two weeks -
During Agenda Changes)
LETTER OF AGREEMENT WITH THE FDIC, ACTING AS
RECEIVER FOR FLORIDA COMMUNITY BANK, TO PAY THE
COUNTY'S $200,613.87 IN OPERATIONAL AND DEMOLITION
COSTS OF THE BA YSHORE CLUB, ALSO KNOWN AS THE
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May 11,2010
ARBORETUM PROPERTY, IN EXCHANGE FOR WAIVER OF
AN EXCESS OF $1,000,000 IN FINES AND RELEASE OF ALL
CODE LIENS
Item#17A
RESOLUTION 2010-96: PETITION SNR-PL20I0-129,
CARDINAL MANAGEMENT GROUP OF FLORIDA, INC.,
REPRESENTED BY STEWART CARTER, IS REQUESTING A
STREET NAME CHANGE FROM XERIC LANE TO CARDINAL
WAY. THE LOCATION IS SABAL BAY COMMERCIAL PLAT
PHASE ONE, A PORTION OF TRACT R IN SECTION 24,
TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,_
FLORIDA
I tern # 1 7B (Moved to Item #7 A During Agenda Changes per
Commissioner Henning)
Item #17C
ORDINANCE 2010-19: ORDINANCE AMENDING ORDINANCE
NO. 98-1, AS AMENDED, TO ALLOW FOR THE
INSTALLATION OF SWALE ENCLOSURES ON I11TH
AVENUE NORTH AND ALONG 8TH STREET NORTH IN
NAPLES PARK
Item #17D (Moved to Item #12A Per Agenda Change Sheet)
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:15 p.m.
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May 11,2010
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
'1uJ- W. c+
FRED COYLE, Chairman
ATTEST
DWIGHJ>E.f3'RO)K, CLERK
'.
These minutes approvedJ;w the Board on <P I ~ I, 0
as presented /' - or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 148