BCC Minutes 05/25/2010 R
May 25, 2010
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, May 25,2010
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
T om Henning
ALSO PRESENT:
Leo Ochs, County Manager
Jeffrey A. Klatzkow, County Attorney
Ian Mitchell, BCC Executive Manager
Mike Scheffield, Assistant to the County Manager
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
May 25, 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 25, 2010
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE A V AILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Dr. Edward Thompson - First Presbyterian Church of Naples
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
B. April 27, 2010 - BCC/Regular Meeting
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1) Ernst Augustin, Road Maintenance
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May 25, 2010
2) Edward Chesser, Coastal Zone Management
3) Peggy Jarrell, Community Development Operations Department
4) Peter Schalt, Public Utilities Planning and Project Management
Department
5) Matthew Vila, EMS
6) Rhonda Watkins, Pollution Control
B. 25 Year Attendees
1) William Lorenz, Engineering Environmental Planning and Zoning
Services
2) Kathryn Nell, County Attorney's Office
3) Raymond Ognibene, Water Department
4) Raymond Smith, Pollution Control
C. 30 Year Attendees
1) Lazaro Blanco, Road Maintenance
2) Allen Madsen, Coastal Zone Management
4. PROCLAMA TIONS
A. Proclamation designating May 28, 2010 as Collier County Bike to Work
Day. To be accepted by David Buchheit, Joe Bonness, Michelle Avola, and
Stacy Revay. Sponsored by Commissioner Halas.
B. Proclamation designating June 1 through June 7, 2010 as Collier County
CPR and AED Awareness Week. To be accepted by Jeff Page. Sponsored by
Commissioner Fiala.
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May 25, 2010
B. Proclamation designating May 16 through May 22, 2010 as National
Association ofInsurance Women International Week. To be accepted by
Belinda Zivich. Sponsored by Commissioner Coletta.
5. PRESENTATIONS
A. Presentation of the Collier County "Business of the Month" award to
Arthrex Inc. for May 2010. To be accepted by Reinhold Schmieding,
President and Founder.
B. Presentation honoring Ms. Deborah K. Horvath, longtime CEO of the
American Red Cross Collier Chapter. To be presented by Reg Buxton, ARC
Board Chairman.
C. Recommendation to recognize Brenda Brilhart, Purchasing Agent,
Purchasing Department, as the Employee of the Month for May 2010.
D. Presentation from the chairman of the Horizon Study Oversight Committee
to the Board of County Commissioners of the annual report of the activities
of the Oversight Committee.
E. This item to be heard at 10:45 a.m. Presentation of a Post 20 I 0 Legislative
Session Summary by Keith Arnold, Principal of 1. Keith Arnold and
Associates.
F. Presentation by Chick Heithaus, Chairman, on the current status of SCORE
and the partnerships forged to increase the ability of SCORE to reach out to
businesses and provide an increased depth of counseling. (Commissioner
Coletta's request.)
6. PUBLIC PETITIONS
A. Public Petition request by Ms. Linda Fasulo to obtain permission to serve
alcohol at a fundraising event.
B. Public Petition request by Ms. Lindsay Addison regarding intersection safety
ordinance fine.
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May 25, 2010
C. Public Petition by Pastor David Mallory requesting an extension of a tri-
party agreement for four residential modular units.
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Water and Wastewater Authority.
B. Appointment of member to the Collier County Planning Commission.
C. Appointment of member to Collier County Citizens Corps.
D. Appointment of member to the Contractors Licensing Board.
E. This item to be heard at 11 :30 a.m. Recommendation to direct the Collier
County Supervisor of Elections to place a straw ballot referendum on the
November 2, 2010, ballot for the General Election concerning consolidating
the independent fire districts.
F. Discussion regarding State Constitutional Provisions permanently
prohibiting oil drilling or pipelines in Florida waters. (Commissioner Coyle)
10. COUNTY MANAGER'S REPORT
A. Recommendation to approve the combination of the Annual Update and
Inventory Report (AUIR) and the Capital Improvements Element (CIE)
annual amendment of the Growth Management Plan (GMP). (Mike Bosi,
AICP, Comprehensive Planning Manager, Growth Management Division)
B. Recommendation to accept the Return on Investment (ROI) report on the
enhanced tourism marketing program in the 1 st Quarter 2010 using funds
transferred from Catastrophe and Major Beach Renourishment Reserves.
(Jack Wert, Tourism Director)
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May 25, 2010
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Request for direction with respect to the Collier County Intersection Safety
Ordinance, in light of the recent passage ofHB 325, which established
statewide legislation regulating red light cameras.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to accept a proposed settlement providing for Partial
Release of Lien in the Code Enforcement Action entitled Collier
County vs. Tatiana E. Tannehill, Code Enforcement Special
Magistrate Case No. 2007-050876, for payment of$14,01O.30, to
release property known as 4544 Fluvia Avenue (parcel 10
63453440005), Collier County, Florida.
2) Recommendation to approve the Release and Satisfaction of Lien in
the Code Enforcement Action entitled Board of County
Commissioners vs. Patrice Savignano, Code Enforcement Board Case
No. 2004070573, relating to property located at 2800 County Barn
Road, Collier County, Florida.
3) Recommendation to approve the Proposed Settlement providing for
Compromise and Release of Liens for the Code Enforcement Action
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May 25, 2010
entitled Board of County Commissioners vs. Dawn and Linzel R.
Jeffrey, Code Enforcement Case No. CESD20090003484 relating to
property located at 3141 Pine Tree Drive, Naples, Florida.
4) Recommendation to approve Proposed Settlement providing for
Compromise and Release of Liens in the Code Enforcement Action
entitled HSBS Bank USA National Association Tr., Case Numbers
2007010799, CESD2008000775, and CESD20080007891 relating to
property located at 3160 4th Street NW, Naples, Florida.
5) Recommendation to approve final acceptance of the water and sewer
utility facilities for Naples Nissan.
6) Recommendation to execute the Termination of Developer
Contribution Agreement between Collier County and Long Bay
Partners, LLC and document the satisfaction of all DCA commitments
relating to the design, right of way acquisition and construction of
Livingston Road.
7) This item requires that ex parte disclosure be provided bv
Commission Members. Should a hearinl! be held on this item. all
participants are required to be sworn in. This is a recommendation
to approve for recording the final plat of Bay House Replat.
8) Recommendation that the Board of County Commissioners (BCC)
concur with staffs proposal to work with the Developer of Coco
Lakes, as necessary, to complete the project as proposed and to allow
the issuance of Certificates of Occupancy on homes as certain
construction milestones are met.
9) Recommendation to approve the Release and Satisfaction of Lien in
the Code Enforcement Action entitled Board of County
Commissioners vs. Marvin R. Hoeman, Code Enforcement Board
Case No. CESD20080005l24, relating to property located at 5513
26th Avenue SW, Collier County, Florida.
10) Recommendation to approve the Release and Satisfaction of Lien in
the Code Enforcement Action entitled Board of County
Commissioners vs. Linda L. Hiatt, Kevin Hiatt and Jennifer Hiatt,
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May 25, 2010
Code Enforcement Special Magistrate Case No. CEPM20080005772,
relating to property located at 5021 Coronado Parkway, Collier
County, Florida.
11) Recommendation to provide a public information and technical
assistance program to guide property owners in preparation for
Elevation Certificates and Letter of Map Amendment (LOMA)
applications when the new FEMA Digital Flood Insurance Rate Maps
(DFIRMs) are released and become effective.
12) Recommendation to adopt a resolution superseding Resolution 2001-
316, in order to amend the Code Enforcement Director's authority
relating to settlement of Code Enforcement liens, in accordance with
direction provided by the Board of County Commissioners on May
11,2010.
13) Recommendation to approve the issuance of the building permit prior
to approval of the requisite Site Development Plan (SOP) to allow for
an approximate 20,000 square-foot addition to the existing produce
processing and packaging facility owned and operated by Florida
Specialties, Inc. (located at 601 East Main Street in Immokalee), and
further to allow the issuance of a Temporary Certificate of Occupancy
(TCO) until all site construction has been completed. This expedited
process will allow Florida Specialties, Inc. to meet its contractual
agreements and triple its current production capacity, resulting in a
projected minimum of 25 new jobs.
B. TRANSPORTATION SERVICES
1) Recommendation to approve the purchase of a road Right-of-Way,
Drainage and Utility Easement (Parcel No. 291RDUE) which is
required for the expansion of Golden Gate Boulevard from two lanes
to four lanes between Wilson Boulevard and DeSoto Boulevard
(Project No. 60040) - Fiscal Impact: $2,985.
2) Recommendation to award Bid # 1 0-5408 - Mitigation Credits to
Southwest Florida Wetlands, Little Pine Island Mitigation Bank and
the Wetlands Bank Group. Projected Annual Expenditures:
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May 25, 2010
$1,000,000
3) Recommendation to approve the purchase of a Perpetual, Non-
exclusive, Road Right-of-Way, Drainage and Utility Easement (Parcel
467RDUE) containing 8,250 square feet, which is required for the
four-laning of Golden Gate Boulevard between Wilson Boulevard and
DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $5,705).
4) Recommendation to award bid #10-5457 for the purchase and
installation of Roll Down Shutters for Collier Area Transit Station,
Golden Gate Community Center and the Immokalee Sports Complex
to EZ Lock Shutters & Glass, Inc., for an estimated $173,676 under
FEMA Hazard Mitigation Grant Program.
5) Recommendation to approve the Collier Metropolitan Planning
Organizations (MPO) Operating Budget for FY 20 lOll 1 , including a
$5,000 County match for Federal Highway Administration Planning.
6) Recommendation to award a contract for ITB #10-5410, Roadway
Paint, Thermoplastic Markings and Raised Markers to Road Safe
Traffic Systems, Inc., in the estimated annual amount of $1 ,500,000.
C. PUBLIC UTILITIES
1) Recommendation to approve the Satisfactions of Lien for Solid Waste
residential accounts wherein the County has received payment and
said Liens are satisfied in full for the 1992, 1993, 1994, 1995, and
1996 Solid Waste Collection and Disposal Services Special
Assessment. Fiscal impact is $118.50 to record the Satisfactions of
Lien.
2) Recommendation to waive competition and authorize two sole-source
agreements: one with Allen-Bradley/Rockwell Automation for all
variable frequency drives and programmable logic controllers, and
one with Data Flow Systems for all telemetry controllers, both for a
period of three years.
3) Recommendation to award Bid #09-5306 Household Hazardous
Waste Collection Contractor, to E.Q. Florida, Inc. as the primary
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May 25, 2010
contractor and Clean Harbors Environmental Services, Inc. as the
secondary contractor in the amount not to exceed $500,000 per year.
4) Recommendation to authorize budget amendments of approximately
$1,000,000 to transfer a Master Pump Station Mechanical
Improvements project from the Wastewater Capital Projects Fund to
the 2006 Revenue Bond Proceeds Fund to segregate the projects
funded by the 2006 Revenue Bond.
D. PUBLIC SERVICES
1) Recommendation to approve a Second Lease Modification Agreement
with The Children's Museum of Naples, Inc. to extend the
construction completion date to December 31, 2013.
2) Recommendation to approve and ratify after the fact, the
electronically submitted attached Senior Corps Retired and Senior
Volunteer Program (RSVP) application for grant renewal to the
Corporation for National and Community Service, for the
continuation of the Collier County sponsored RSVP program, and if
awarded, will provide grant funds in the amount of$68,152.
3) Recommendation to approve and authorize the Chairman to sign nine
(9) releases of lien for deferral of 100 percent of Collier County
impact fees for owner occupied affordable housing dwelling units.
4) Recommendation to approve a Ground Lease Agreement for
Communication Tower with New Cingular Wireless PCS, LLC, for
land at Max Hasse Community Park for a first year's rent income of
$40,000.
5) Recommendation to approve and authorize the Chairman to sign two
(2) sub recipient agreements providing for a $35,000 State Housing
Initiatives Program (SHIP) grant to The Empowerment Alliance of
SW Florida Community Development Corporation (EASF), and a
$35,000 SHIP grant to the Housing Development Corporation ofSW
Florida (HOC). These agencies will provide Homebuyer Education
Counseling and/or Pre-Purchase, Extended Credit and/or Foreclosure
Prevention Counseling to benefit persons earning less than 120% of
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May 25, 2010
Family Median Income of Collier County.
6) Recommendation to approve a budget amendment recognizing
$156,948.16 in carry-forward revenue from Fund 116, Marco Island
Affordable Housing Fund, and $50,000 in contributions for FY1 0
from the City of Marco Island as required by Interlocal Agreement.
7) Recommendation to approve budget amendments recognizing the
Fiscal Year 2010-11 U.S. Department of Housing and Urban
Development (HUD) Entitlement funding allocation in the amount of
$3,376,051.
8) Recommendation to approve and authorize staff to advertise the
attached proposed ordinance entitled Collier County Public Parks and
Beach Access Parking Ordinance to be presented at a later Board
meeting following advertisement for final approval.
9) Recommendation to approve and authorize the Chairman to sign a
contract amendment between the Area Agency on Aging of Southwest
Florida, Inc. and Collier County as it relates to the schedule of
advance re-payments and invoices under the Home Care for the
Elderly Grant program. There is no fiscal impact associated with this
item.
10) Recommendation to approve and authorize the Chairman to sign an
agreement and associated forms with the Florida Department of
Community Affairs to accept Community Development Block Grant
funding for the Disaster Recovery Program in the amount of
$9,963,208 and approve a budget amendment to allocate the funding.
11) Recommendation to approve and authorize the Chairman to sign
contract amendments between the Area Agency on Aging of
Southwest Florida, Inc. and Collier County to extend the grant period
by ninety days, approve budget amendments to reflect funding for the
FYI 0-11 State General Revenue Seniors Programs in the amount of
$836,034, and authorize the continued payment of grant expenditures.
(Fiscal impact $836,034)
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May 25, 2010
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve Amendment No. 05 to the Agreement
with Collier County District School Board for the Driver Education
Program to provide $201,800 in funding.
2) Recommendation to conduct the Conservation Collier Annual Public
Meeting to provide the Board of County Commissioners and public
with an update on the Programs past activities, to make a public call
for proposals for the current acquisition cycle, and to direct the
County Manager, or his designee, to transfer up to a total of $1 0.3
million additional dollars from the Conservation Collier Acquisition
Trust Fund to the Conservation Collier Land Management Trust Fund
in FY 2011, FY 2012, and FY 2013.
F. COUNTY MANAGER
1) Recommendation that the Board of County Commissioners approve
reimbursement to Pelican Bay Services Division for surplus property
sales from the past three years and approve all future proceeds of
Pelican Bay Services Division property sold at surplus be credited to
the appropriate Pelican Bay Services Division Fund.
2) Recommendation that the Board of County Commissioners approves
Pelican Bay Services Division to hold a workshop to explore the
possibility of becoming an Independent District.
3) This item continued from the Mav 11,2010 BCC Meetinl!:.
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.
4) Recommendation to approve the submittal ofa Federal Emergency
Management Agency Assistance to Firefighters Grant in the amount
of $16,000 for the purchase of fitness equipment for the Isles of Capri
Fire Rescue District and authorize on-line submittal of the application.
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May 25, 2010
5) Recommendation to approve Change Order #2 on Contract #07-4169
with Research Data Services, Inc. for up to $25,000 in additional
research services for focus groups and measuring the return on
investment on additional TDC marketing funds utilized in FY lOin
accordance with their agreement with Collier County and authorize
the Chairman to execute the Change Order.
6) Recommendation to adopt a resolution approving budget amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2009-] 0 Adopted Budget.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation to approve and authorize the execution of the
attached grant agreement with the Florida Airports Council (F AC) in
the amount $3,500, and approve all necessary budget amendments for
a 2010 summer internship program for the Collier County Airport
Authority.
2) Recommendation to approve and authorize the Chairman to execute
Deed of Utility Easement and Utility Facilities Warranty Deed and
Bill of Sale required for Marco Island Utilities to relocate a reclaimed
water main that runs through the new vehicle parking lot at the Marco
Island Executive Airport.
3) Recommendation that the Board of County Commissioners (BCC)
and the Board of County Commissioners acting as the Immokalee
Community Redevelopment Agency Board (CRA) approve an
amendment to the service contract ofthe Immokalee CRA Executive
Director and authorize the appointment of Penny Phillippi as Interim
Executive Director 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 Economic Development Council of Collier County
Investor Meeting on May 4, 2010 at the Naples Daily News
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May 25, 2010
Community Room in Naples, FL. $20 to be paid from Commissioner
Fiala's travel budget.
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Reception and Dinner for The Jackson Laboratory at
Hamilton Harbor Yacht Club on May 11,2010 in Naples, FL. $62.33
to be paid from Commissioner Fiala's travel budget.
3) 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.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommend approval for the Collier County Sheriffs Office to make
an application to the U.S. Department of Justice, Office of Justice
Programs, Bulletproof Vest Partnership program to seek
reimbursement for fifty percent of the cost of2l4 bulletproof vests for
law enforcement and correction members. If awarded, request
authorizations for the Collier County Sheriffs Office to accept the
reimbursement grant, approve any associated budget amendments,
and manage the reimbursement program for the two year period.
2) Budget Amendment recognizing revenue and expenditures in Sheriffs
FY10 General Fund budget.
3) To obtain Board approval for disbursements for the period of May 1,
2010 to May 7, 2010 and for submission into the official records of
the Board.
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May 25, 2010
4) To obtain Board approval for disbursements for the period of May 8,
2010 through May 14, 2010 and for submission into the official
records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to approve the attached draft ordinance creating the
Marco Island Museum Advisory Board to report to the Board of
County Commissioners and to specifically review management and
policy issues pertaining to the Marco Island Museum and to direct the
County Attorney to advertise the ordinance for approval at a future
Board meeting date.
2) Recommendation to approve the mediation settlement prior to trial in
the lawsuit entitled Phyllis Robinson and Earl Robinson v. Sutton, et
aI., filed in the Twentieth Judicial Circuit in and for Collier County,
Florida, Case No. 09-7574-CA, for the sum of $81 ,250 and authorize
the Chairman to execute the Settlement Agreement.
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. V A-PL2009-1220, Leo
F. Lasher, is requesting one after-the-fact variance for an existing shed that
is an accessory structure to a single family dwelling. The request is for a
variance of9.4 feet from the required rear yard setback of75 feet as required
by Collier County Land Development Code Subsection 4.02.01 Table 2.1. to
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May 25, 2010
allow the existing accessory structure to remain at 65.6 feet from the rear
property line. The subject 2.5 acre property is located at 265 21st Street SW,
in Section 7, Township 49 South, Range 27 East, Collier County, Florida.
B. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members: RZ-PL2009-910: Port
of the Islands Community Improvement District, represented by Robert
Duane, AICP of Hole Montes, is requesting a Rezone from the Conservation
(CON) and Resort Tourist (RT) Zoning Districts with a Conditional Use for
essential services to the Public (P) Zoning District. Subject property is
located on 4.848 acres in Section 4, Township 52 South, Range 28 East,
Collier County, Florida (Companion to V A-PL2009-1 077) (CTS)
C. This item requires that all participants be sworD in and ex parte
disclosure be provided bv Commission members: Recommendation to
approve five (5) variances to allow for the expansion of the existing water
plant and upgrading of the wastewater plant at the Port ofthe Islands
Community Improvement District. V A-PL2009-1 077: Port of the Islands
Community Improvement District, represented by Robert Duane, AICP of
Hole Montes, is requesting the following variances: I) a variance from LDC
Section 4.02.01, Table 2.1, that required a 50-foot rear setback, to allow
existing structures to be placed within 12.6 feet of the rear property line,
which is a reduction of37.4 feet; 2) a variance from LDC Section 6.06.01,
that requires a 60-foot right-of-way width, to allow a 35-foot wide right-of-
way width, a reduction of25 feet; 3) a variance from LDC Section 4.05.04,
Table 17; that requires 1 parking space per 500 square feet for a required 17
parking spaces, to allow one space per employee of the largest shift which
would be no less than 3 employees, a reduction of 14 parking spaces; 4) a
variance from LDC Sections 4.06.02.C.4 and 6.06.0 1.P.l, that requires a
type 0 buffer along the western boundary ofthe shared access road, to
eliminate the buffer, a reduction of the buffer to 0 feet; and 5) a variance
from LDC Section 4.06.02 Table 2.4, that requires a type B buffer on the
perimeter or western edge of the shared access road, a reduction to zero feet,
to allow the buffer instead on the eastern edge of the shared access road.
Subject property is located on 4.848 acres in Section 4, Township 52 South,
Range 28 East, Collier County, Florida.(Companion to RZ-PL2009-
910)(CTS)
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May 25, 2010
D. Recommendation to adopt an Ordinance amending the Collier County
Consolidated Impact Fee Ordinance, which is Chapter 74 ofthe Collier
County Code of Laws and Ordinances, by incorporating directed changes to
the Impact Fee Program for Existing Commercial Redevelopment and
providing amended provisions to allow impact fee credits to run with the
land in perpetuity until used or transferred.
E. This item requires that ex parte disclosure be provided bv Commission
members. Should a hearinl! be held on this item. all participants are
required to be sworn in. Recommendation to approve Petition A VESMT-
2009-AR-14162, to disclaim, renounce and vacate the County's and the
Public's interest in a portion of a 15-foot wide Drainage Easement on Lot
151 and a portion of a 15-foot wide Drainage Easement on Lot 157, both
Lots being part of a plat known as Leawood Lakes and recorded in Plat
Book 24, Pages 62 through 64, of the Public Records of Collier County,
Florida, in Section 6, Township 50 South, Range 26 East, Collier County,
Florida, and being more specifically depicted and described in Exhibit A.
F. Recommendation to adopt a resolution approving budget amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2009-10 Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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May 25, 2010
May 25,2010
CHAIRMAN COYLE: Ladies and gentlemen, the Board of
County Commission meeting is now in session.
Will you please stand for the invocation to be delivered by Dr.
Edward Thompson of the First Presbyterian Church of Naples.
DR. THOMPSON: Thank you. And I bring you, the
commission, the greetings of members and friends of First
Presbyterian Church in Naples.
Let us pray. Lord God of all creation, we bow our heads before
you, and from within our hearts, we acknowledge your grace and
favor toward all people. We pray for the work of our County
Commissioners, enable them, Lord God, to work together seeking the
welfare of all, grant the commission both wisdom and wit, strength
and service to do the best for all at all times. Even in the midst of
differences, help the commission to work for unity and for purpose.
Today we celebrate with those who are gathered as we honor
people and individuals who have given to this county dedicated, good,
and long years of faithful service.
We pray, Lord God, for the work of the commission and for all
who live and reside within our county. Grant that the welfare of all
will be our priority. And at this time of year, we pray especially
giving thanks for the schools in our county. As they begin to look
forward to their vacation and summertime, bless all who teach and all
who learn in the community of the schools.
Bless those who look after us in times of emergency, who protect
us and keep us safe. Gracious God, be with the work before the
commission this day. Help us, Lord God, to go about our tasks
seeking first to serve you, keep from us selfish ambition and cure us
from selfish pride.
This we pray, giving thanks to you, our Lord and our God, now
and always. Amen.
CHAIRMAN COYLE: Thank you, Dr. Thompson.
Would you please join us in the Pledge of Allegiance.
Page 2
May 25,2010
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN COYLE: Thank you.
Okay. County Manager, do you have any changes to our agenda
today?
Item #2A
TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED - APPROVED AND/OR ADOPTED W /CHANGES
MR. OCHS: Yes, sir. Good morning, Mr. Chairman, members
of the county commission. These are agenda changes, Board of
County Commissioners' meeting, May 25, 20l0.
First item is to withdraw Item 6A. It's a public petition request.
Next change is to add Item 9G. It's a resolution approving
participation in the Florida Rural Broadband Alliance, LLC, and that
was added at Commissioner Coletta's request.
Next change is to withdraw Item 16D4. It's a ground lease
agreement for a communications tower. Staff will bring that back at
the next meeting.
Next change is to move Item 16D5 off of your consent agenda
onto your regular agenda. It will become Item 10C. It's a
recommendation to approve and authorize two sub-recipient
agreements providing homebuyer education counseling.
Next change is a correction to Item 16H2. The funds paid from
Commissioner Fiala's travel budget should be $74.33 as shown in the
executive summary. The agenda index incorrectly shows that amount
as $62.33. Again, the correct amount in the index should be $74.33.
Next change is to withdraw Item 16Kl regarding a
recommendation for creation of the Marco Island Museum Advisory
Board.
And, Commissioners, there's two time-certain items scheduled
Page 3
May 25,2010
this morning. The first is Item 5E to be heard at 10:45 a.m. That's a
report on the results of the recently completed 2010 state legislative
session. And Item 9E to be heard at 11 :30 a.m., and that is an item for
the board to consider a ballot initiative in the fall election regarding
fire district consolidation.
That's all the changes I have, sir.
CHAIRMAN COYLE: Okay. Thank you very much.
County Attorney, do you have any changes?
MR. KLATZKOW: No changes, sir.
CHAIRMAN COYLE: Okay. Commissioners, we'll start with
Commissioner Fiala, if you have any changes to the agenda or ex
parte disclosure.
COMMISSIONER FIALA: Thank you. And good morning,
everyone.
No, I have no changes to the agenda. I have nothing to disclose
on the consent agenda, and on the summary agenda, Item 17 A, I've
received correspondence. Nothing on B. Nothing -- but on item
number 17C in the summary agenda, again, I've received
correspondence. And on 17E, I have received correspondence and
spoken with Jeff Klatzkow on this. And that's it. Thank you.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Yes. Good morning, Chair.
I have nothing on the consent agenda. I have no further changes
on today's agenda.
As far as the summary agenda, on 17 A, I've had correspondence,
staff and the Planning Commission study, and I also -- on 17B I've had
correspondence on that issue, and also related with staff and the
Planning Commission meeting. Also on 17C, had correspondence on
that issue, and also related to -- asked staff on some questions on that
and read the Planning Commission's findings on that, and on E, I have
no disclosures at all on this item.
Thank you very much.
Page 4
May 25,2010
CHAIRMAN COYLE: Thank you.
I have no further changes to the agenda. And with respect to
disclosure, I have no disclosure for the consent agenda. And on the
summary agenda for items A, B, and C, I have reviewed the Collier
County Planning Commission staff report only, and I have no further
disclosure.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Good morning, sir.
I have no changes to the agenda as it stands right at the moment.
On the consent agenda, I have no changes, nothing to declare. On the
summary agenda, ex parte disclosures on 17 A. I received
communications and reviewed the staff report; on B, I had
communication -- received communications and reviewed the staff
report; on C, I received communications and reviewed the staff report,
and that concludes it. Thank you.
CHAIRMAN COYLE: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Question. 17E, is that staying
on the summary agenda?
MR. OCHS: Yes, sir, it does. Commissioner Fiala had
originally requested that to be moved and then later in the afternoon
called and said the constituent issue had been resolved to her
satisfaction. It could remain on the summary agenda.
COMMISSIONER HENNING: My ex parte communication on
the summary agenda, 17 A, I've had some correspondence, also with
17B, 17C, and 17E I talked to a constituent in Moon Lake. That's all I
have.
With that, I'll make a motion to approve today's agenda as
amended.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Motion to approve today's agenda as
amended by Commissioner Henning, seconded by Commissioner
Page 5
May 25,2010
Coletta.
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.
Page 6
Agenda Changes
Board of County Commissioners Meeting
May 25, 2010
Withdraw Item 6A: Public Petition request by Ms. Linda Fasulo to obtain permission to
serve alcohol at a fund raising event. (Petitioner and Staffs request)
Add Item 9G: Resolution approving participation in the Florida Rural Broadband Alliance,
LLC. (Commissioner Coletta's request)
Withdraw Item 1604: Recommendation to approve a Ground Lease Agreement for
Communication Tower with New Cingular Wireless PCS, LLC, for land at Max Hasse
Community Park for a first year's rent income of $40,000. (Staff's request)
Move Item 1605 to Item 10C: Recommendation to approve and authorize the Chairman
to sign two (2) sub-recipient agreements providing for a $35,000 State Housing Initiatives
Program (SHIP) grant to The Empowerment Alliance of SW Florida Community Development
Corporation (EASF), and a $35,000 SHIP grant to the Housing Development Corporation of SW
Florida (HOC). These agencies will provide Homebuyer Education Counseling and/or Pre-
Purchase, Extended Credit and/or Foreclosure Prevention Counseling to benefit persons
earning less than 120% of Family Median Income of Collier County. (Commissioner Henning's
and Commissioner Halas' request)
Item 16H2: Funds paid from Commissioner Fiala's travel budget should be $74.33 as shown
in the executive summary; the agenda index shows the incorrect amount of $62.33. (Staff's
request)
Withdraw Item 16K1: Recommendation to approve the attached draft ordinance
creating the Marco Island Museum Advisory Board to report to the Board of County
Commissioners and to specifically review management and policy issues pertaining to the
Marco Island Museum and to direct the County Attorney to advertise the ordinance for
approval at a future Board meeting date. (Staff's request)
Time Certain Items:
Item SE to be heard at 10:45 a.m. (Commissioner Coyle's request)
Item 9E to be heard at 11:30 a.m. (Commissioner Coletta's request)
5/25/20108:21 AM
May 25,2010
Item #2B
MINUTES FROM THE APRIL 27, 2010 BCC/REGULAR
MEETING - APPROVED AS PRESENTED
COMMISSIONER HENNING: Move to approve the April 27
BCC regular meeting.
CHAIRMAN COYLE: Motion to approve the minutes of the
BCC regular meeting for April 27, 2010.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Second by Commissioner Fiala.
Any discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
That brings us to service awards, County Manager?
Item #3A
EMPLOYEE SERVICE AWARDS - 20 YEAR ATTENDEES -
RECOGNIZED
MR. OCHS: Yes, sir. We have several service awards this
morning. Is the board going to join us down on the -- in front of the
Page 7
May 25, 2010
dais, please?
CHAIRMAN COYLE: Sure. Do we have all the awards down
there?
MR. OCHS : Yes, sir.
Commissioners, we'll begin this morning with our 20-year
service awardees.
The first awardee for 20 years of service is Ernst Augustin from
Road Maintenance.
(Applause.)
CHAIRMAN COYLE: Good morning. Congratulations.
COMMISSIONER COLETTA: Right up here. Congratulations.
(Applause.)
MR. OCHS: Commissioners, our next 20-year service awardee
is Eddie Chesser from Coastal Zone Management.
(Applause.)
CHAIRMAN COYLE: Congratulations.
(Applause.)
MR. OCHS: Our next 20-year awardee, Peggy Jarrell,
Community Development Operations Department.
(Applause.)
CHAIRMAN COYLE: Hi, Peggy. How are you?
Congratulations.
(Applause.)
MR. OCHS: Our next 20-year service awardee is Pete Schalt,
Public Utilities Planning and Project Management Department.
(Applause.)
MR. OCHS: Hi, Pete. Congratulations, man.
Commissioners, Matt Vila from EMS also is a 20-year awardee
today, but he's got some scheduled surgery and is not able to be here.
Our final20-year recipient is Rhonda Watkins from your
Pollution Control Department.
Page 8
May 25,2010
(Applause.)
CHAIRMAN COYLE: Congratulations. Thank you.
Item #3B
EMPLOYEE SERVICE AWARDS - 25 YEAR ATTENDEES -
RECOGNIZED
MR. OCHS: Commissioners, that takes us to our 25-year service
award recipients. Your first 25-year recipient is Bill Lorenz,
Engineering Environmental Planning and Zoning Services.
(Applause.)
MR. OCHS: Bill, congratulations.
Commissioners, our next 25-year service awardee is Kay Nell
from your County Attorney's Office.
(Applause.)
MR. OCHS: Kay, congratulations. Thank you.
The next awardee for 25 years of service is Ray Ognibene from
your Water Department.
(Applause.)
MR. OCHS: And your final 25-year service awardee is Ray
Smith from Pollution Control.
(Applause.)
MR. SHEFFIELD: Ray, congratulations.
Item #3C
EMPLOYEE SERVICE AWARDS - 30 YEAR ATTENDEES -
RECOGNIZED
MR. OCHS: Commissioners, we have two 30-year service
awardees this morning. First is Lazaro Blanco from Road
Page 9
May 25,2010
Maintenance Department.
(Applause.)
MR. OCHS: Congratulations.
MR. SHEFFIELD: Congratulations.
MR.OCHS: Commissioners, your final service awardee is Al
Madsen from Coastal Zone Management.
(Applause.)
MR. MADSEN: Make some room for me. I take up a lot of
room.
CHAIRMAN COYLE: By the way, in case you want to know
what kind of watch it is, it's an oystered perpetual.
COMMISSIONER HALAS: Rolex.
CHAIRMAN COYLE: Rolex.
MR. OCHS: Yeah.
MR. MADSEN: I believe that.
(Applause.)
MR. MADSEN: Thank you.
COMMISSIONER COLETTA: Thank you.
COMMISSIONER HENNING: You're not retiring, are you?
MR.OCHS: Al, thanks, my friend. Well done.
MR. MADSEN: It's been fun.
MR. OCHS: Thank you, sir.
Commissioners, that concludes our service awards this morning,
thank you.
CHAIRMAN COYLE: That bring us to proclamations, right?
Item #4
PROCLAMATIONS - ONE MOTION TAKEN TO ADOPT ITEMS
#4A thru #4C - ADOPTED
Page 10
May 25,2010
Item #4A
PROCLAMATION DESIGNATING MAY 28, 2010 AS COLLIER
COUNTY BIKE TO WORK DAY. ACCEPTED BY DAVID
BUCHHEIT, JOE BONNESS, MICHELLE A VOLA, AND STACY
REV A Y ~ ADOPTED
MR. OCHS: Yes, sir. Proclamation 4A, designating May 28,
2010, as Collier County Bike to Work Day, to be accepted by David
Buchheit, Joe Bonness, Michelle Ovola, and Stacy Revay. This is
sponsored by Commissioner Halas.
(Applause.)
CHAIRMAN COYLE: Who's going to accept this? Who's going
to take it? There you go.
Congratulations, thank you.
COMMISSIONER HALAS: Good to see you.
CHAIRMAN COYLE: And you're the only one who rode to
work today, I know that.
COMMISSIONER FIALA: So how many miles did you ride
today?
CHAIRMAN COYLE: It's time to take a picture.
Can you guess who the only one was who rode to work today?
(Applause.)
MS. OVOLA: Michelle Ovola, Naples Pathways Coalition, for
the record. I just want to thank the commission for encouraging
Collier County to be more self-propelled. Have a good day.
Item #4 B
PROCLAMATION DESIGNATING JUNE 1 THROUGH JUNE 7,
2010 COLLIER COUNTY CPR AND AED AWARENESS WEEK ~
ACCEPTED BY JEFF PAGE AND KAREN MILLER - ADOPTED
Page 11
May 25,2010
MR. OCHS: Commissioners, that takes us to 4B. It's a
proclamation designating June 1st through June 7, 2010, as Collier
County CPR and AED Awareness Week. To be accepted by Chief
Jeff Page. This item sponsored by Commissioner Fiala.
(Applause.)
MS. MILLER: Good morning. Karen Miller, director of
education for Physicians Regional Healthcare Systems. And I just
want to thank the board for their continued support for this very
worthwhile effort. Thank you.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING MAY 16 THROUGH MAY
22, 2010 AS NATIONAL ASSOCIATION OF INSURANCE
WOMEN INTERNATIONAL WEEK. ACCEPTED BY
MATTHEW PHILIP - ADOPTED
MR. OCHS: Commissioners, Item 4C, Ms. Belinda Zivich is
unable to be here today, but the proclamation designating May 16th
through May 22, 2010, is National Association of Insurance Women
International Week -- and this proclamation will be accepted in her
stead by Matthew Philip, and this item is sponsored by Commissioner
Coletta.
(Applause.)
CHAIRMAN COYLE: Congratulations, Matthew. Thank you
very much.
COMMISSIONER COLETTA: Thank you.
COMMISSIONER HENNING: You're a good man.
COMMISSIONER HALAS: Thank you.
COMMISSIONER FIALA: Thank you.
MR. PHILIP: Thank you.
Page 12
May 25,2010
(Applause.)
MR. OCHS: Commissioners, if I could get a motion to --
COMMISSIONER HALAS: Motion to --
MR. OCHS: -- accept the proclamations.
COMMISSIONER HALAS: -- approve the proclamations today.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion to approve the proclamations by
Commissioner Halas, second by Commissioner Fiala.
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: Motion passes unanimously.
MR. OCHS: Thank you.
Item #5A
PRESENT A nON OF THE COLLIER COUNTY "BUSINESS OF
THE MONTH" AWARD TO ARTHREX INC. FOR MAY 2010.
ACCEPTED BY REINHOLD SCHMIED lNG, PRESIDENT AND
FOUNDER-PRESENTED
Commissioners, that takes us to Item 5 on your agenda. It's
presentations. Your first item is 5A. It's a presentation of the Collier
County Business of the Month Award, to Arthrex, Incorporated, for
May 2010. This award to be accepted and presentation made by Mr.
Reinhold Schrnieding, president and founder of Arthrex.
(Applause.)
Page 13
May 25, 2010
MR. SCHMIEDING: Good morning, Commissioners.
CHAIRMAN COYLE: Good morning.
MR. SCHMIEDING: I'd like to thank you for the opportunity to
present on Arthrex and to highlight our contribution to medicine and
economic diversification in Collier County.
Arthrex started with two employees and has grown to almost a
thousand employees in Collier County since 1991 without any public
funding support.
(Applause.)
MR. SCHMIEDING: Thank you very much.
Today Arthrex is one of the largest business employers in Collier
County and is recognized worldwide as a pioneer of arthroscopic
surgery and as a global leader in sports medicine and orthopedic
surgery innovation.
Arthrex is leading -- a leading example of economic
diversification and medical research that has a direct impact on the
quality of life and high-tech, high-wage job creation in our
community.
The following video provides a brief overview of Arthrex.
Thank you for your recognition and support.
(A video was played.)
MR. SCHMIEDING: Thank you very much.
I'd like to briefly acknowledge some of our leading management
that's here today, our -- some of our vice-presidents and directors. If
you'd please stand up for a moment. Steve Jones --
(Applause.)
MR. SCHMIEDING: Steve Jones, our director of business
development; Kevin Greiff, our VP of operations; Scott Price is our
VP of legal affairs; Cindy Obrecht, our director of marketing, please
stand up. John Schrnieding is our general counsel, in-house counsel;
David Shepard is our director of ortho-biologics; and my assistant,
Donna Brown. Thank you very much.
Page 14
May 25,2010
(Applause.)
MR. SCHMIEDING: Be happy to answer any questions that you
have.
CHAIRMAN COYLE: I would just like to recap some statistics
concerning your company. Most people don't -- probably do not
know that Arthrex is a privately held organization founded by Mr.
Schmieding in 1991 here in Naples, and it has grown dramatically to
be recognized as a worldwide leader in orthopedic sports medicine.
Arthrex will achieve more than $1 billion in annual revenues in
the next year. They're a major exporter to over 100 countries
throughout the world and, by the way, they're the biggest customers of
F edEx and UPS in Southwest Florida.
They have hired over 60 percent of their 900-plus employees
from our local community, and they pay an average wage that exceeds
Collier County's average wage by almost 50 percent. They anticipate
hiring over 200 more new employees in the next 12 to 18 months.
Over 6,000 surgeons and business associates from around the
world visit Arthrex each year and spend their money on hotels,
restaurants, real estate, recreation, and retail stores that support our
local economy.
And finally, Arthrex is a leading example of real economic
diversification for our community with non-seasonal high wages,
high-tech job growth for our local workforce.
If we were doing this properly, Arthrex would not be the
Company of the Month being recognized here; they would be the
Company of the Decade, and perhaps we'll establish such an award for
them in a future year.
Thank you very much, Mr. Schmieding.
(Applause.)
CHAIRMAN COYLE: Mr. Schmieding, in could present this to
you, please. Thank you very much for being here. I appreciate what
you do.u
Page 15
May 25, 2010
MR. SCHMIEDING: Thank you for all you do for Collier
County.
CHAIRMAN COYLE: Everyone, all the staff members, corne
up, please.
MR. SCHMIEDING: I forgot Patti Gilmore. I didn't see you
there.
(Applause.)
COMMISSIONER HENNING: Mr. Chairman?
CHAIRMAN COYLE: Yes.
COMMISSIONER HENNING: And I just want to make an
observation. Correct me if I'm wrong -- what I heard is, in the near
future you're going to be adding another facility, another 200 jobs?
CHAIRMAN COYLE: I don't know if it's another facility, but
it's another 200 jobs; am I right?
MR. SCHMIEDING: That's correct, yes.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: That's great.
CHAIRMAN COYLE: They're a great company.
MR. SCHMIEDING: And we anticipate hiring close to a
thousand new employees within the next ten years.
CHAIRMAN COYLE: Good. Thank you very much. We
appreciate what you do for our community. Thank you.
Item #5B
PRESENTATION HONORING MS. DEBORAH K. HORVATH,
LONGTIME CEO OF THE AMERICAN RED CROSS COLLIER
CHAPTER. PRESENTED BY REG BUXTON, ARC BOARD
CHAIRMAN - PRESENTED
MR. OCHS: Commissioners, that takes us to Item 5B. It's a
presentation honoring Ms. Deborah K. Horvath, longtime CEO of the
Page 16
May 25,2010
American Red Cross, Collier Chapter. And this award will be
presented by Reg Buxton, the ARC board chairman.
(Applause.)
MS. HORVATH: Thanks for everything.
MR. BUXTON: Thank you, Donna.
MS. HORVATH: Mike, Leo.
MR. BUXTON: Audience and Commissioners, I'm Reg Buxton.
I'm the regional chair for Lee and Collier County for the American
Red Cross.
Debbie started with the Red Cross 15, 18 --
MS. HORVATH: Fifteen years.
MR. BUXTON: -- fifteen years ago in a little house down in the
middle of the City of Naples. She now has a huge facility out by 75
which is state of the art.
Debbie started as an employee of the Red Cross. She now is the
CEO of the same region that I'm the chair of. Debbie will be leaving
us the first of June. She'll be going up to do something that's near and
dear to her heart, which is to work for -- run the Ronald McDonald
House up in Gainesville, which kind of makes sense.
MS. HORVATH: Go Gators.
MR. BUXTON: It's a great loss to me personally as the chair
and a great loss to the county that she's leaving us, but it's something
she wants to do and makes her happy, and that's great. Thank you.
CHAIRMAN COYLE: Thank you.
(Applause.)
Item #5C
RECOMMENDATION TO RECOGNIZE BRENDA BRILHART,
PURCHASING AGENT, PURCHASING DEPARTMENT, AS THE
EMPLOYEE OF THE MONTH FOR MAY 2010 - PRESENTED
Page 17
May 25,2010
MR. OCHS: Commissioners, that takes us to Item 5C. It's a
recommendation to recognize Brenda Brilhart, purchasing agent,
Purchasing Department, as the Employee of the Month for May 2010.
Brenda?
(Applause.)
MR. OCHS: Commissioners, Brenda has been an employee of
the county for six years working in our Purchasing Department. Her
work product is consistently outstanding.
As the purchasing agent in charge of transportation-related
procurements for the new growth management division, she handles
some of the most challenging bid specifications in terms of their size
and their breadth and also the diversification of those projects.
She goes above and beyond to understand and capture customer
requirements, seeks innovative and creative ways to attract new
vendors to Collier County.
Brenda has become the local purchasing expert in federal and
state grants. She is a steady and consistent performer who constantly
seeks opportunities to enhance her skills and abilities.
Weare certainly glad to have her, and she's obviously an asset to
Collier County and very deserving of this award.
Commissioners, I present to you Ms. Brenda Brilhart, Employee
of the Month for May 2010.
(Applause.)
MS. BRILHART: Thank you.
(Applause.)
CHAIRMAN COYLE: Thank you.
COMMISSIONER COLETTA: Congratulations. Your
recognition's well deserved.
COMMISSIONER HENNING: Keep up the good work.
MR. SHEFFIELD: Brenda, congratulations.
MS. BRILHART: Thank you.
(Applause.)
Page 18
May 25,2010
Item #5D
PRESENTATION FROM THE CHAIRMAN OF THE HORIZON
STUDY OVERSIGHT COMMITTEE TO THE BOARD OF
COUNTY COMMISSIONERS OF THE ANNUAL REPORT OF
THE ACTIVITIES OF THE OVERSIGHT COMMITTEE -
MOTION TO ACCEPT REPORT - APPROVED
MR. OCHS: Commissioners, that takes us to Item 5D on your
agenda. It's a presentation from Mr. Bill McDaniel, the chairman of
the Horizon Study Oversight Committee to the Board of County
Commissioners of the annual report of the activities of that oversight
committee.
MR. McDANIEL: Good morning, Commissioners.
CHAIRMAN COYLE: Good morning.
MR. McDANIEL: And as Mr. Leo said, I am Bill McDaniel,
and by default, the chair of this committee that you appointed to
oversee the Collier Interactive Growth Model and its utilization by
your staff for future planning needs of Collier County.
CHAIRMAN COYLE: And you have three minutes.
MR. McDANIEL: I do? All right. I'll rip through it.
A brief agenda as to what we're going to -- oh, there we go --
brief agenda as to what we're going to -- does this load up by itself,
Mike? Okay -- what we're going to go through this morning.
The Collier Interactive Growth Model, as you know, is a
planning tool that's been -- that's genesis carne out of the East of95l
Horizon Study of another organization committee that I chaired for
two years several years ago.
The benefits of the Collier Interactive Growth Model are many.
It tests the Future Land Use Element of our Growth Management
Plan, and it has been embraced by your staff since its existence for
Page 19
May 25,2010
assisting with future planning needs of our community.
Here's an example of that as you -- if you will recall in the most
recent round of GMP amendments, the Collier Interactive Growth
Model was utilized to determine future growth and development of
our community in the eastern portion. It's necessarily set up to be
viewing the area east of 951 as its main -- as its main target area --
excuse me.
It's -- and I know several of you, Commissioner Fiala and
Commissioner Coletta, were there at the Master Mobility Plan
adventure last week, and that was quite enlightening. But during the
development of the Master Mobility Plan, the Collier Interactive
Growth Model was utilized and resourced to assist in the development
of the Master Mobility Plan as well.
What we've got next is a little bit of history for you, what's
corning, what has already occurred in our community, the growth and
development for the last two years. And pictures say a thousand
words, but this is a synopsis of everything that occurred and a graph
showing the growth and development that has occurred.
Here are the numbers specifically from 2009 -- or excuse me --
from 2007 up through 2009 in the different categories that the model
in fact tracks and the CO's that have been effectuated in our
community.
I'm going to rip through these, if you don't -- with your
permission, just on the premise that -- the next few pictures basically
take each one of those categories and give you a picture as to what's,
in fact, transpiring.
It's important that you understand that a large portion of the
growth and development of the community is occurring west of 951,
has impacts on the residents and the growth and development that is
occurring in the eastern portion of our community but must be
accounted for.
This is the retail graph, office space. Again, you'll see the
Page 20
May 25,2010
majority of the growth and development is occurring over in the
urbanized area of our community.
Here's a -- here's a slide I kind of like to hang on a little bit, and
this talks about where we're at today. One of the things you as our
leaders of our community need to take into consideration is the
inevitable growth and development of our community. We cannot, as
other communities have, more specifically on the east coast of our
state, stick our head in the sand and believe that the people are not
corning. They're corning.
We pre- -- I would prefer to call this a maturity at build out
instead of build out, because our community is growing and maturing
and evolving, and we -- you, the leaders, need to establish a plan and a
foundation for that inevitable growth and development.
The Collier Interactive Growth Model points out deficiencies in
our Comprehensive Growth Management Plan. It points out locations
and proximities for commercial development, road systems, and so on
and so forth.
So taking that into consideration, this baseline number clear at
the bottom on the right-hand side is 444,000, just basically 50 percent
of our community's growth at maturity. There's approximately
360,000 people here today; 90,000 exist or live east of 951. The
balance is in the urbanized area.
And as you're very well aware, our state legislature has passed
SB360 and the most recent SB something that updated and extended
the SB360, and there's a large impetus and tremendous amount of
favor in implementing growth and development in the urbanized area
where infrastructure already exists.
Our community, specifically, is unique because we have the
urbanized area that exists east of 951. We have the rural land
stewardship area that has a plan. Yeah, it's going to be debated in
perpetuity, but there's a plan, and you have the rural fringe mixed-use
district that lies in between, and there's some stagnation that's going on
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May 25,2010
there.
Between it and the Golden Gate Estates Master Plan reviews that
are forthcoming in your world, the implementation and utilization of
the Collier Interactive Growth Model's going to be huge in assisting
you in laying that foundation for the future growth and development
of our community.
My three minutes up yet, Mr. Chair?
CHAIRMAN COYLE: They are, but we'll extend it for you.
MR. McDANIEL: Thank you.
CHAIRMAN COYLE: You're finished?
MR. McDANIEL: No, almost.
CHAIRMAN COYLE: Okay. I was just kidding you about the
three minutes.
MR. McDANIEL: Just a -- oh, okay, okay. Sometimes--
sometimes the chair doesn't tease about that.
The -- one of the things that's about to occur is the increase of the
T AZ units, the traffic area zones. That's going to allow for more
specificity in the location of the to-be-built infrastructure of the -- of
our population.
The Department of Community Affairs has allowed for the
Collier -- or the Interactive Growth Model in -- I believe it was Cape
Coral -- to be utilized as their primary planning tool for forecasting of
future growth and development of that community. So it is a
tried-and-true, even at our state level, model that can be utilized.
Last but not least are the ranking positions, ranking points,
positions, from the East of951 Horizon Study. And I'd like to bring
these up just as a thought process, that -- one of the things that carne
out of the East of 951 Horizon Study was installation of bridges and
connectivity in the eastern portion of our community. And just from
an economic vice -- and I know we're all talking about money these
days, or the lack thereof -- bridges cost between one and two million.
You're looking at seven to eight million per lane-mile to extend
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May 25, 2010
highway systems into those particular areas.
There is a prioritization in place on the location of these bridges.
These have been publicly vetted. They basically have been approved.
You need to go through the final process of installation, but it would
be a fine thing to assist in extending utilities and services, more
specifically services, to the eastern portion of our community. And
from an economic basis, bridges make a tremendous amount more
sense necessarily than lane miles at the current expenditures.
You've already heard and talked about, during the GMP hearings,
the extension of services into the eastern area and commercial
industrial as such. That also is going to assist us in our ultimate
evolution out of a construction based community into a more
sustainable, ongoing economic basis to support our community, also
in the same time, cutting down on lane mile traffic, so on and so forth,
and reducing the impacts on our already stressed infrastructure that
exists today.
Really simple one that would be a huge help for the eastern
portion of your community is the placing of the fire hydrants on the
raw water main lines that are corning in. There's a lot of risk for fire
in our eastern portion of the community, and those fire hydrants'
installation would be -- would help thousands and thousands of people
in the eastern portion of our community.
These last two slides are pretty much going to get grabbed up
when you do, in fact, corne around to allowing for the Golden Gate
Estates Master Plan Overlay review, but it is important to understand
that there was a large impetus behind the community to maintain the
rural characteristics. And you heard a lot about that during the most
recent GMP process.
And last, but not least, by no means at this particular juncture is it
necessary for us to be thinking about extending water and sewer to
that community east of 951 at this particular time.
Any questions, comments?
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May 25,2010
CHAIRMAN COYLE: Questions.
MR. McDANIEL: Thank you very much.
CHAIRMAN COYLE: Thank you very much.
Is there a motion to accept the --
COMMISSIONER COLETTA: Motion to accept.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Okay. Motion to accept the report by
Commissioner Coletta, 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: Thank you very much, Bill.
MR. McDANIEL: Absolutely.
Item #5F
PRESENTATION BY CHICK HEITHAUS, CHAIRMAN, ON THE
CURRENT STATUS OF SCORE AND THE PARTNERSHIPS
FORGED TO INCREASE THE ABILITY OF SCORE TO REACH
OUT TO BUSINESSES AND PROVIDE AN INCREASED DEPTH
OF COUNSELING - PRESENTED
MR. OCHS: Commissioners, that takes us to Item 5F on your
agenda. That's a presentation by Chick Heithaus, chairman of the
current -- excuse me -- chairman, on the current statutes of SCORE
and the partnerships forged to increase the ability of SCORE to reach
out to businesses and provide an increased depth of counseling.
This item was added at Commissioner Coletta's request.
MR. FRAND: I'm afraid Chick is not able to make it. He has
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May 25,2010
some personal issues that he has to take care of.
My name is Frank Frand (phonetic). I'm the deputy marketing
director for SCORE, Naples, and I'm trying to find my -- I'd like to
take a few minutes of your time to describe a joint venture between
SCORE and the SBDC. It's a venture to approach all of the
companies in Collier County.
And before I go into the details, I'd just like to thank the various
people who were involved in getting this thing off the ground.
Mr. Rice of the Eastern Collier Chamber of Commerce. They're
sponsoring this venture. And of course, I'd like to thank the
commissioners for their general support, and Commissioner Coletta in
specific, because he has been supportive of this particular venture
since its inception.
I'd also like to thank Larry Ray and deputy police (sic) -- the tax
office, who are doing all the grunt work. They're the ones who will be
putting 30,000 pieces of cards into 30,000 envelopes. A job not to be,
I think, desired by any of us.
The objective of the program is, I think, fairly simple, and that is
to help as best we can as many companies in Collier County as we're
able to contact. The idea, of course, is to stabilize employment and
encourage job growth.
The -- we'll take a typical consulting approach to this program.
The people that respond -- then I'll corne to the actual detail of the
technology -- people who respond will be treated to a counselor, either
one of ours or SBDC or joint, and we will try to find out what their
problems are or their opportunities, then try to help them as best we
can.
I'd like to point out that we never leave a client. We stay with the
client as long as they feel that we are contributing to their business.
We will provide either one person or a team of people. Obviously the
benefit to the community is, as we said, the increase of jobs and
general health of the business community.
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May 25,2010
SCORE, as you mayor may not know, is a purely voluntary
operation. We have approximately 40 -- 50 counselors made up of
corporate officers, previously retired and active entrepreneurs,
captains of industry, men and women, an unusual bunch of people
who donate their time and actually some of their money to helping this
proj ect.
The SBDC, as you also probably know, is based at FGCU and
has ten certified business analysts covered the five counties of
Southwest Florida.
SCORE and SBDC together approach over 3,000 small business
counseling sessions every year. That's an awful lot, but we want to
make it much more if we possibly can, and where we're going to try to
do it is by inserting in the business tax renewals the card that the
County Commissioners have -- and it's shown on the screen -- that
asks -- let me just show the other side. It's a business reply card.
People going -- and all we ask the recipients to do is fill in a little bit
of detail, then we will contact them once we receive their card back.
We don't have the foggiest idea, needless to say, about how many
people are likely to respond. But with 30,000 as a possible population,
even the tiniest of percent responsive would make it a pretty good
effort on the part of this particular venture.
As I said, the business tax office would be inserting the cards,
and that will start the whole process. People return the cards to us,
and we will then contact them and decide how best we can help either
to cure problems -- and we sure see enough of those right now -- but
also to help them develop and explore opportunities.
And that is about it, gentlemen. Thank you very much.
CHAIRMAN COYLE: Thank you very much. Appreciate the
presentation.
COMMISSIONER COLETTA: If I could.
CHAIRMAN COYLE: Sure. Go ahead.
COMMISSIONER COLETTA: Yeah. Chick (sic), Ijust wanted
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May 25,2010
to extend my personnel thanks to you. This is a venture that involved
nothing more than just a minimal amount of staff time. There's no
county funds involved in this. It was the generosity of the East
Chamber of Commerce from eastern Collier County and the university
where the money carne for (sic) for this little printout.
It's a wonderful way to be able to be reach out to local businesses
that are still greatly in need of all the help they can possibly get.
Services that have always been there are being refigured (sic) and
reorganized to be able to assist in a meaningful way.
I'd also like to thank Michael Reagan from the Naples Chamber
of Commerce who helped me put this together back last year and has
helped it grow and flourish and go forward.
But once again, thank you very much for this effort. I know the
citizens of Collier County are going to benefit greatly from it.
MR. FRAND: Thank you.
Item #6B
PUBLIC PETITION REQUEST BY MS. LINDSAY ADDISON
REGARDING INTERSECTION SAFETY ORDINANCE FINE -
PRESENTED
MR. OCHS: Commissioners, that moves you to Item 6 on your
agenda, public petitions. The first public petition is Item 6B. It's a
request by Ms. Lindsay Addison regarding intersection safety
ordinance fine.
Is Ms. Addison here? That's fine, ma'am, yes. Just speak right
into the microphone. Identify yourself for the record.
MS. ADDISON: Hi. I'm Lindsay Addison. Thank you for
hearing my petition.
This is my little story. So I was, on February 20th, driving north
on 951 approaching the intersection with Golden Gate Parkway, and
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May 25,2010
the light turned yellow. And it was that point where you're like, oh,
do I slam on the brakes or do I go through. And I thought I could
make it. And I -- turned out that I didn't because I got a ticket in the
mail, which I paid.
And it was one of those things where you enter the intersection
just as the light turns red and you're kind of like, oh, well, we'll see
what happens.
So anyway, I paid the ticket and just kind of went around my
business. And a few weeks later, I was on the Naples Daily News
website, and I saw, you know, like the top ten articles, and one of
them was about a traffic light being timed incorrectly. And I clicked
on it because I thought, oh, I wonder if it was my intersection, and it
was.
Some fellow -- well, actually the guy's wife, Barbara Mogel, had
had the same thing happen. She'd gone through the light and hadn't
made it and thought that the yellow light was short. And her husband
timed it, and it turned out that it wasn't in compliance with,
apparently, the amount oftime that a yellow light is supposed to last
per the speed limit.
So because of that, he decided he was going to take it to a traffic
magistrate, which he did. And the county said, oh, you're right. We
did have the light timed incorrectly, and the traffic magistrate threw
out the ticket.
Well, I read the article and I thought, oh, well, that's cool. I'll just
call the county and tell them I got a ticket at the same time and at the
same intersection under the exact same circumstances for the exact
same reason, I'll get a refund. So I called the county, and they said
that it wasn't their policy to refund traffic tickets even if they were
issued in error because of a problem with the light.
And I said, oh, who else can I talk to? Because that doesn't seem
right. And they said I had to corne to the BCC and ask you guys to
refund my traffic ticket. So that's what I'm doing.
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May 25,2010
The incident occurred on -- in my case, on February 20th, and the
newspaper article said the Mogel's petitioned on April 5th, so that puts
it at about the same time, and it was -- the light was corrected after
April 5th. So prior to April 5th, I would have -- the light was too
short.
So I just figured that -- I was really surprised, I'd just like to say,
really surprised that the county wasn't going to correct the mistake like
when you call and ask for, you know, the same treatment that the
Mogels received for myself.
They said, well, you had a chance to petition the magistrate, and I
didn't know at the time that lights were supposed to be a certain length
and that there was a rule that said, well, a yellow light has to be a
particular length in accordance with the speed limit, so that's why I
didn't petition the magistrate.
And having found that out, I thought I'd corne ask you about it.
And I'd also just -- you know, obviously I'd just like my money back.
But I'd like for you people maybe just to consider looking at changing
the policy so that if there is a mistake in the traffic lights that the
county has done, that you would give the money back to the people
without making them have to corne here and take up the time of
everybody that doesn't really need to hear about somebody else's
traffic ticket.
I don't know if you got any of the documents that you're
supposed to fax in -- so you guys have all that information. So unless
you have any questions, that's all I have to say.
CHAIRMAN COYLE: Okay. Thank you very much.
MS. ADDISON: Okay.
CHAIRMAN COYLE: Anybody have any comments?
COMMISSIONER COLETTA: Yeah. I do think that we
shouldn't just allow it to end with that presentation. I think Mr. Feder,
if he could corne up front and explain what the circumstances are and
what -- how this person could redress the situation at this date,
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May 25, 2010
possibly redress it.
CHAIRMAN COYLE: Well, that's what the magistrate is for.
COMMISSIONER COLETTA: That's correct.
CHAIRMAN COYLE: We're not the magistrate. We're not -- we
can't make those decisions.
As a matter of fact, the magistrate, in my opinion, made the
wrong call. It was three-tenths of a second, okay. That wouldn't have
made any difference in anybody's ability, okay.
So as far as I'm concerned, we don't have the ability to address
this. If you addressed it, you'd have to address every single traffic
ticket that had been awarded for the whole duration of our time. So
it's being addressed at the wrong place.
The magistrate made that decision, not the Board of County
Commissioners. So if the magistrate wants to make another decision,
in my opinion, then you're to go before the magistrate.
Did you want to say something different?
MR. FEDER: No, Mr. Chairman. I think you've covered it very
well. I'd just add to it that actually the magistrate took two actions on
that same day at that same intersection, which was timed at 4.0
seconds rather than 4.3 seconds.
The first, Mr. Mogel's, was released, but there was another one
that was upheld, and specifically the sites were that the issue was
safety, speed corning at the intersection and the like.
I believe that this case probably falls closer to the second. But as
you pointed out, that's not for me as staff nor you as the board. It's for
the magistrate, and this individual could bring it back to the magistrate
if they so deem. Of course they have to pay the $50 if they're not
successful.
CHAIRMAN COYLE: Thank you very much.
Any further comments by the commissioners?
(No response.)
CHAIRMAN COYLE: All right.
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May 25,2010
Let's go to 6C.
Item #6C
PUBLIC PETITION BY PASTOR DAVID MALLORY
REQUESTING AN EXTENSION OF A TRI-PARTY
AGREEMENT FOR FOUR RESIDENTIAL MODULAR UNITS -
PRESENTED
MR. OCHS: Yes, sir. That's a public petition by Pastor David
Mallory requesting an extension of a tri-party agreement for four
residential modular units.
MR. JOHNS: Good morning. I'm Randy Johns. I'm here on
behalf of the First Assembly of God.
We carne before you guys a while back on this three-party
agreement. A couple weeks ago I got a call by the code enforcement,
said that we were in violation of this three-party agreement.
When you read it, we're clearly not, but they asked us to corne in
front of you guys and ask for an extension. So we were corning here
today to ask you guys to give us an extension on the four care units for
36 months until we can get our new building built out there.
We've had two complaints from the neighbors. One was from
Naples Lakes and the other was East Naples Civic Association.
There's a common denominator there; the woman that's president of
that Naples Lake is also the president at East Naples Civic
Association, and those are the only two complaints that we've had, but
-- and they're the ones that called the code enforcement to bring us to
the board for these four care units.
So we're just asking you guys to help us out here and give us a
little bit more time so we can get through.
CHAIRMAN COYLE: Okay, thank you. According to our
rules, if the subject matter is currently under litigation or is in an
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May 25,2010
ongoing code enforcement case, the board will hear the item but will
not discuss the item after it has been presented with. Is that --
MR. KLATZKOW: That's the rule, but he's asking for
something different than I thought he was going to ask for based on
conversations I'd had with staff. You're asking the board to extend the
three-party agreement by two years?
MR. JOHNS: Yes, sir.
MR. KLATZKOW: That they can do. But I would suggest that
we corne back on executive summary with that for the board at a
future hearing.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I would like to support
that thought that we bring it back for this board to make a decision to
extend it for two more years.
MR. JOHNS: Okay.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: Randy, when was the CO
obtained?
MR. JOHNS: I believe it was sometime July of'09. I'd have to
go pull the records to find out.
COMMISSIONER HENNING: Well, ifit was July of'09,
according to the agreement, that's when it -- the clock starts ticking.
MR. JOHNS: Correct.
COMMISSIONER HENNING: So you got July of 20 11.
MR. JOHNS: I read it that way. Code enforcement don't seem
to agree with that.
COMMISSIONER HENNING: Have you -- Jeff, have you
taken a look at it, this?
MR. KLATZKOW: Yeah, and I thought that staff in my office
carne to the conclusion that it was based on when they pulled the CO
so that they do have additional time, which is why I thought this was
going to be a different issue. But--
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May 25,2010
COMMISSIONER HENNING: Well, wait a minute. Explain
that to me again. They don't pull a CO. They're given a CO.
MR. KLATZKOW: Yeah, but they -- yes, but what happened
was they -- the board had a meeting back in January 2008 to give them
this two-year extension, but it took them a while before they actually
filed the application. But the way the agreement is structured is based
on the time that they filed the application.
So I think they have until July 2011, but if they're looking for a
formal two-year extension, we can do that too.
COMMISSIONER HENNING: Have you -- somebody in the
County Attorney's Office, working with code enforcement, have a
different interpretation of the agreement than what you just stated?
MR. KLATZKOW: No. I don't know why we're here.
MR. CASALANGUIDA: For the record, Nick Casalanguida,
with the Growth Management Division.
Ms. Patterson in our office spoke to the pastor's son on several
occasions, told him he had till July of 20 11. So I -- we've told him he
doesn't have to corne here. He's got another year. It's been conveyed
to them twice.
MR. JOHNS: That carne from Amy Patterson.
MR. CASALANGUIDA: Yes.
MR. JOHNS: But code enforcement is the one that told us to
corne here to ask for this extension.
MS. FLAGG: Good morning, Commissioners. Diane Flagg,
Code Enforcement Director.
The issue is not the agreement. The issue is an expired permit.
You need to reapply for your permits. That's what was relayed to you.
MR. JOHNS: Okay. In our meeting, you guys said that we were
out of compliance with this tri-party agreement --
MS. FLAGG: Permits.
MR. JOHNS: -- and that we needed to get an extension. The
permit is on an existing building that we -- has not had anything to do
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May 25, 2010
with the tri-party agreement nor the care units. That permit we are
applying for, which I've worked that out with Gary Harrison, so I
think we're in good shape there.
MS. FLAGG: Okay. The code enforcement issues are the
permits, which it sounds like they're reapplying for. And also, the -- I
believe there was some litter on the property, which you all have
already addressed.
There were two actions. One was the permits, which it sounds
like you all are working on, and the other was the litter, which I
understand they've addressed.
CHAIRMAN COYLE: Well, why is there any need for us to
take action at all?
MR. KLATZKOW: There's none.
MR. CASALANGUIDA: There's none.
CHAIRMAN COYLE: There's no need to take action. All right.
MR. JOHNS: I think we're good till 2011.
CHAIRMAN COYLE: Okay.
MR. OCHS: Except for the building.
COMMISSIONER HENNING: Can you provide me the citation
that the church received? Not today.
MR. JOHNS: Yeah, I think so. Yes, sir.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. The main complaints I get, not
only from Naples Lake people, but people even driving in that area, is
the skeleton structure that's been there for so long and nothing's been
done about it. And people are saying that -- you know, how much
longer do they have to put up with that? I get numerous complaints
about that.
MR. JOHNS: And I understand that and we're working on that.
But as -- you know, as the board knows, the MDG deal that was
supposed to pay the pastor $5 million did not go through. They won't
pay, so it's put him in a bad situation. We're trying desperately to
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May 25,2010
work out of this mess.
We believe we're close to having a deal now to do that, and we
hope that in the next few weeks, month, we'll be able to corne back to
you and bring that deal in front of you and let you guys make a
decision.
CHAIRMAN COYLE: Okay. Thank you very much.
MR. JOHNS: All right, thank you.
Item #9 A
RESOLUTION 2010-108: RE-APPOINTING SHERWIN H.
RITTER TO THE WATER AND WASTEWATER AUTHORITY -
ADOPTED
MR. OCHS: Commissioners, that brings you to Item 9 on your
agenda, Board of County Commissioners.
9A is appointment of member to the Water and Wastewater
Authority.
COMMISSIONER HENNING: Motion to appoint - re-appoint
Sherwin Ritter.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion to appoint Sherwin Ritter by
Commissioner Henning, second by Commissioner Fiala.
Any discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
Page 35
May 25,2010
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
Item #9B
RESOLUTION 2010-109: APPOINTING MELISSA G. AHERN TO
THE COLLIER COUNTY PLANNING COMMISSION -
ADOPTED
MR. OCHS: 9B is appointment of member to the Collier County
Planning Commission.
CHAIRMAN COYLE: Okay. I will make a motion to appoint
Melissa Ahern.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Okay. Motion by Commissioner Coyle
to appoint Melissa Ahern, 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 is passed unanimously.
Item #9C
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May 25,2010
RESOLUTION 2010-110: APPOINTING CHRISTOPHER V. NIND
TO COLLIER COUNTY CITIZENS CORPS - ADOPTED
MR. OCHS: 9C is appointment of member to the Collier County
Citizens Corps.
CHAIRMAN COYLE: And I make a motion that we appoint the
Salvation Army's recommendation, Christopher Nind.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Seconded 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.
Item #9D
RESOLUTION 2010-111: APPOINTING JON WALKER TO THE
CONTRACTORS' LICENSING BOARD - ADOPTED
MR. OCHS: 9D is appointment of member to the Contractors'
Licensing Board.
COMMISSIONER HENNING: Motion to approve Jon Walker.
CHAIRMAN COYLE: Okay. Motion to approve Jon Walker by
Commissioner Henning. Is there a second?
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May 25,2010
COMMISSIONER FIALA: Second.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Second by Commissioner Fiala.
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: Passed unanimously.
MR. OCHS: 9E is an 11 :30 a.m. time-certain.
Item #9F
DISCUSSION REGARDING STATE CONSTITUTIONAL
PROVISIONS PERMANENTL Y PROHIBITING OIL DRILLING
OR PIPELINES IN FLORIDA WATERS - CHAIRMAN TO SEND
A LETTER TO STATE AND FEDERAL LEGISLATORS AND
THE GOVERNOR TO SUPPORT A PERMANENT BAN ON
DRILLING WITHIN FLORIDA WATERS; TO RETAIN THE
CURRENT DRILLING BAN WITHIN 125 MILES OF FLORIDA;
TO HA VE A PREVENTION AND SAFETY PLAN SETUP AND A
RECOVERY PROGRAM WITH A MONETARY FUND SETUP
FOR DISASTERS - APPROVED
Takes us to 9F. It's a discussion regarding state constitutional
provisions, permanently prohibiting oil drilling or pipelines in Florida
waters. This item was placed on the agenda at Commissioner Coyle's
request.
Page 38
May 25,2010
CHAIRMAN COYLE: Okay. I would just like to take a minute
to discuss what I would ask that the board consider.
You know, I'm -- the issue of drilling for oil off the coast of
Florida is, right now, a very, very sensitive issue. And I understand
the interest in some people to reduce our dependence on foreign oil
but, quite frankly, I am fed up with corporations, whether they are oil
drilling corporations, financial institutions, or Wall Street
organizations who fail to carry out their responsibilities properly and
cause the public to bear the burden of their failures. And I have to
also lump in politicians in Washington and that concern, too, because
it really makes me angry that we have to put up with people who don't
carry out their responsibilities properly.
So my feeling is that we should take a position on drilling
offshore and encourage, support the governor and the legislature of the
State of Florida, to permanently ban drilling in Florida waters off our
coast.
It is my belief that there are plenty of licensed areas where
drilling can be accomplished to provide the necessary energy needs of
our country for a long, long time, and I see no need to continue this
debate on whether or not people are going to be drilling offshore in
Florida waters.
COMMISSIONER FIALA: Is that a motion?
CHAIRMAN COYLE: That is a motion.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: And--
MR. MITCHELL: Sir, we have a public speaker.
CHAIRMAN COYLE: Okay. And then what I would like to do
is -- and it makes no difference to me whether it's a resolution or just a
letter. If you would authorize me to send a letter to the governor and
legislative leaders in our legislative delegation supporting that
position, or whether you want a resolution, either way.
But the legislature is going into a special session here shortly,
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May 25, 2010
and it would be good if we had it to them prior to that point.
So Commissioner Henning?
COMMISSIONER HENNING: The governor postponed the
special session on this topic.
CHAIRMAN COYLE: He has?
COMMISSIONER HENNING: I think it would be appropriate
to write the governor asking him to -- not to delay the discussion of
this in Tallahassee. But I don't -- the disaster that we have today is not
within state waters.
CHAIRMAN COYLE: I understand that.
COMMISSIONER HENNING: And I don't know how we're
going to dictate to the other states of what's -- what has happened over
in Louisiana, how it affects -- potentially affects our fisheries.
More importantly is, there has to be proper regulations of the oil
wells, and the existing ones today need to be inspected and make sure
there is some safety device that is effective to shut off the flow in case
of emergency.
What has happened, in the recent past with all the hurricanes
going up the coast, it wasn't a problem. But no hurricane, and then we
have millions of gallons spewing out of a well. But that's the bigger
problem is the long-term safety of the wells that are out there today.
CHAIRMAN COYLE: Okay. In could respond to that. There
were numerous spills during the hurricanes, and they were quite
significant; not nearly as bad as this one, but there were numerous
spills.
And yes, I -- we have no authority to address federal waters or
those areas that lie outside of federal waters, but we do have, as the
state has authority with respect to state waters, and that's all I'm asking
we deal with.
We can express our frustration at the government and with the
corporations who have failed to make sure their practices are safe, but
we don't have any control over them. But at least we can express an
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May 25, 2010
opinion and hopefully get a state law that will prohibit drilling of any
kind in state waters, and that's all I'm asking that we do, because we
don't have authority to go beyond that.
Commissioner -- was it Halas or Fiala next?
COMMISSIONER HALAS: It was me.
CHAIRMAN COYLE: Okay. Commissioner Halas.
COMMISSIONER HALAS: This item was brought up at the
Regional Planning Commission, and this -- what the Regional
Planning Commission decided to do was to write to our elected
officials in Washington and tell them that we were opposed to any
drilling in the Gulf in regards to deepwater drilling where nobody
really has a game plan as far as what they would do in a catastrophic
condition as this.
Obviously BP was interested in maximizing their profit. And, in
fact, if you watched the program on 60 Minutes, it was very clear by
one of the engineers that was on this platform, that BP was pushing
this to the utmost because they wanted to maximize the amount of
money that was being spent on drilling this thing, and they really
didn't have anything in their business plan to address a catastrophic
situation such as this.
And as we see right now, they're pulling straws trying to corne up
with some way of alleviating this.
Now, I'm not sure if anybody's looked at demolitions at one mile
down on the ocean floor to stop this spewing of liquid. Who knows.
But I believe that BP is trying to do everything possible to save this
well, and they're talking about drilling a well next to it to counter the
flow, but that's going to be another couple of months.
So the other things that they're doing, they're basically trying to
pull a rabbit out of the hat to stop this.
But Chairman, I think that we should maybe go along with the
Regional Planning Commission, and that is to have you -- if it's
decided by this board to send this resolution up to Washington in
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May 25,2010
regards to our elected officials and say no drilling within the standard
125 miles of the shores of Florida.
CHAIRMAN COYLE: Okay. Thank you.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I agree with everything
everybody's said. I did a lot of reading about this. In fact, I've been
doing a lot of reading about it over the past many months. And one of
the big things that I've read is how many millions of dollars is being
paid to lobbyists to paint a picture of the good things about drilling for
oil in the Gulf of Mexico. And why we need it and to change public
sentiment toward that goal.
I would prefer to see them spending those millions of dollars on
creating and advancing alternative energy. That's where we should be
going anyway, and -- so that we become less dependent on foreign oil.
So I am solidly behind this motion.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes. And I agree with
everything that's been said here today, and I'd like to even offer a little
different thought. Even if there was no danger of spills -- of course, I
don't think they're going to be able to remove that even with present
technology improving as it is -- why is this compulsion out there to
always harvest what's out there for nonrenewable resources? It's best
off to leave it in the ground for future generations.
I mean, at this point in time, there is not an oil shortage. If we
take the oil from the Gulf, it's not going to lessen the price of oil for
American citizens. It becomes part of that global economy. And the
oil's plentiful. And in spite of the fact that everybody thinks it's
expensive, it's still pretty reasonable in comparison to what it could be
in the future. Better to keep that reserve where it is for the next
generation. We've cut down every Redwood, we just about harvested
every whale in the ocean just because it was there. Leave the oil where
it is.
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May 25,2010
CHAIRMAN COYLE: Okay. So that I have clear guidance as
to what you want me to do, let --
COMMISSIONER FIALA: Could I make one more comment?
CHAIRMAN COYLE: Yes, please. Go ahead.
COMMISSIONER FIALA: Thank you. This is something that's
been just lingering around in my brain for a while. You know, when
you think about oil drilling, something like a straw pulling all of that
oil out of the center of our earth and now it gushing out of this -- out
of this spill at millions of gallons a week or day or whatever it is, you
wonder, you know, if all of that stuffs corning out, what's going in to
replace it? And if nothing's going in to replace it, is that some of the
reason that we're having all of these natural disasters like tsunamis and
earthquakes and so forth? You just wonder. You can only take so
much out without replacing it -- and nothing's replacing this obviously
-- before some other disasters happen. That's my thought on it.
CHAIRMAN COYLE: It happens in Florida with sinkholes,
doesn't it? When we lower the groundwater, we create sinkholes.
Commissioner Halas?
COMMISSIONER HALAS: Yeah. The other aspect of this is
that all of us -- all of us elected officials, whether it's local, state, or
national, we have an obligation. Weare the custodians of the land,
water, and air. And I think that what we need to do is change our
practices such that we try to save things for future generations instead
of maximizing maximum greed.
And this is all that this -- this has been a good example of nothing
more than greed to extract the resources but not figure -- not figuring
out a plan in case something drastically went wrong.
So as -- we can see the damage that's being -- that's being
incurred there up in -- along on the coastline, Louisiana, Mississippi,
and Alabama, and hopefully it's not going to be here in -- down in the
Keys.
But I've got some concerns that we need to take a better -- better
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May 25, 2010
way of looking at things so that we protect the natural resources and
protect this earth that we live on for future generations.
CHAIRMAN COYLE: Okay. Now, to make sure that I have
clear guidance on what you were going to allow me to do. I'd like to
send a letter --
MR. MITCHELL: Sir, we do have a public speaker.
CHAIRMAN COYLE: Yes, okay. After I finish speaking.
MR. MITCHELL: Okay.
CHAIRMAN COYLE: I want to make sure we've clarified the
issue before we have a public speaker so we'll speak on point.
The letter will encourage our legislature and our government, our
governor, to support measures which will permanently prohibit
drilling within Florida territorial waters and, secondly, to urge the
federal government to establish appropriate oversight measures for all
drilling that is accomplished outside of Florida waters over which we
have no control but which will likely affect us, and make sure that
there are no monetary limitations on our ability to recover damages
from any organization that drills anywhere that causes damage to our
economy and to our beaches.
There's talk of the fact that there is a limit on how much we can
recover. Well, there should not be a limit. And if it's a federal law
that establishes that limit, we need to address that federal law. So
those are the -- those are the things that I would like to ask that you
permit me to do.
COMMISSIONER HENNING: Yep.
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: If! may, I think you ought to also
write to the legislators in Washington and tell them to make sure that
they retain the drilling ban of 125 miles off our shores.
CHAIRMAN COYLE: Okay. And that is a federal law?
COMMISSIONER HALAS: That's the federal law. That's what
you need, to send this to Washington to our elected officials and to the
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May 25, 2010
senators that represent this state.
CHAIRMAN COYLE: So let me recap one more time, then I'll
ask that we get a permanent ban against any drilling within Florida
territorial waters, that we'll ask the federal government to retain a ban
that -- for drilling within 125 miles off the coast, and the federal
government also impose appropriate oversight measures to make sure
that wells beyond that point are properly safeguarded and have the
appropriate safety measures installed.
COMMISSIONER FIALA: That will be included in my second.
CHAIRMAN COYLE: Okay. And we will also ask that any
monetary limitations on the recovery for economic damages from
spills anywhere be removed, okay? And that if that -- do we have --
we need a vote?
MR. OCHS: Speakers.
COMMISSIONER HALAS: Public speaker first.
CHAIRMAN COYLE: That's right. Okay. Is the public speaker
for or against this?
MR. MITCHELL: It's Duane Billington.
MR. BILLINGTON: Good morning.
CHAIRMAN COYLE: We'll have to wait before we disqualify
his testimony.
MR. BILLINGTON: Again?
CHAIRMAN COYLE: Yes. Go ahead, Duane.
MR. BILLINGTON: Good morning. Thank you for having this
hearing.
I support everything you all have said up here. I think it's
important we understand how we got to where we're at. And what we
see out there in the Gulf is a legacy of the Cheney/Bush presidency
and its appointed deregulators unfolding.
The crude from the BP Horizon is about to meet up with the oil
from a previous pipeline spill that has already covered 16 square miles
of the Delta National Wildlife Refuge. You don't see much about that
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May 25,2010
on TV because of the BP spill. But right now, one oil spill's going to
meet up with another oil spill, and there's going to be massive
destruction.
My favorite Cheney/Bush appointee is C. Stephen Alfred, former
president of Morrison Knutson's Environmental and Government
Services Group. That's almost an oxymoron. Morrison Knutson's is a
wholly-owned subsidiary of Halliburton. Halliburton/Cheney. Alfred
was a major contributor to the culture of non-enforcement in the
Minerals and Mining Agency.
But we're here to discuss House Bill 1219 voted for by Matt
Hudson, Tom Grady, David Rivera, and Trudy Williams. There are
more things wrong with the bill than just the insanity of drilling so
close to our beaches. The bill allows drilling on state lands such as
our parks, as long as it is three miles from a municipality, and it grants
the oil company rights for easements for pipelines and oil support
facilities. Think eminent domain.
Under the bill, the oil companies are only held responsible for
bonding cleanup costs -- and this is a direct quote -- based on
reasonably foreseeable accidents or occurrences associated with the
particular oil and gas development or production activity within the
immediate area of the oil and gas fleets. Boy, could the attorneys
have fun with that. That's about as open ended as it gets. I guess we
say for whatever is carried by the tides, rivers, and streams.
Let's stop this insanity now, and let's stop sending legislators to
Washington and Tallahassee, who would be destroyers of our
environment.
Thank you.
CHAIRMAN COYLE: Thank you very much, Duane. That was
the last public speaker?
MR. MITCHELL: It was, sir.
CHAIRMAN COYLE: Okay. All in favor of the motion to
allow me to send this letter, please signifY by saying aye.
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May 25,2010
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: Okay. It's done.
MR. OCHS: Commissioners, Item 9G was an add-on resolution.
It's a resolution approving --
COMMISSIONER HENNING: And are we going to take a
break?
MR. OCHS: Yes, sir, whenever the chair says. I was trying to
get you through your last County Commission item before your break.
CHAIRMAN COYLE: Which one is it, 9E?
MR.OCHS: This is 9G, sir. This was the add-on resolution
regarding the Florida Rural Broadband Alliance that Commissioner
Coletta asked for.
CHAIRMAN COYLE: Yeah. Well, Commissioner Coletta, can
you tell us quickly why you wanted it pulled? If it's not -- if it's going
to take too long --
COMMISSIONER COLETTA: No, it wasn't pulled. It was
added.
CHAIRMAN COYLE: Added, okay.
COMMISSIONER COLETTA: Yeah. It will just take a few
minutes for a brief presentation. It's very, very important to the people
of Eastern Collier County, the rural area. Ifwe could have a brief
presentation.
Bridgette, would you be the one to make it?
CHAIRMAN COYLE: How brief is brief?
COMMISSIONER COLETTA: About 20 minutes.
CHAIRMAN COYLE: Okay.
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May 25,2010
MR. OCHS: I didn't know it was a presentation.
CHAIRMAN COYLE: We're taking a break. Okay. We're
taking a break.
MS. TOPEL: Otherwise, it's three minutes.
CHAIRMAN COYLE: We're taking a break, and then it will be
three minutes.
COMMISSIONER COLETTA: It will still be three minutes.
MR. OCHS: Sir, you have a 10:45 time-certain, so how long do
you want to break?
CHAIRMAN COYLE: We'll break for ten minutes.
MR. OCHS: Ten minutes. Very good, thank you.
(A brief recess was had.)
Item #9G
RESOLUTION 2010-112: APPROVING PARTICIPATION IN THE
FLORIDA RURAL BROADBAND ALLIANCE, LLC - ADOPTED
CHAIRMAN COYLE: Okay. We're ready for 9G. Three
minutes, and that will put us at 10:45 for our time-certain, so we'll be
exactly on schedule then.
MS. TOPEL: Perfect. Good morning. I'm Lynn Topel. I'm the
executive director of Florida's Heartland Ready. Immokalee is part of
the second rural area of critical economic concern. We've written a
federal grant for $23 million to put broadband service in the six
counties in the community of Immokalee. The counties are
Highlands, Hardy, DeSoto, Okeechobee, Glades, and Hendry, and of
course, Immokalee.
Weare now in what's called due diligence. That means that the
feds are looking at our grant and saying, okay, we've got a few things
more to check off.
I'm here today for a resolution for you to appoint someone to the
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May 25,2010
FRBA, Florida Rural Broadband Alliance, LLC, to appoint that person
to the board so that when our grant comes in, we are ready to move
forward.
And I thank you for your time today. If you have any questions,
I'm more than happy to answer them.
CHAIRMAN COYLE: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Where's the resolution to talk
about appointments?
MS. TOPEL: It's part of the resolution.
COMMISSIONER HENNING: Okay. Where in the resolution?
MS. TOPEL: I'm sorry. I don't have it.
MR. OCHS: Section three, sir.
COMMISSIONER HENNING: Section three?
MR. OCHS: I believe.
COMMISSIONER HENNING: Now, that is a designation of
governor's representatives, Board of Commissioners hereby appoints
-- okay.
Why are we doing it this way? Why these -- why these two
people and why not others?
COMMISSIONER COLETTA: You mean -- you're referring to
a list of people to choose from?
COMMISSIONER HENNING: Right.
COMMISSIONER COLETTA: Well, because we didn't have a
number of volunteers, and to be honest with you, Bridgette's the most
capable person. She's doing it as a volunteer. Nothing can take place
without the Collier County Commission, and the time thing is
imperative that we keep this thing moving forward.
COMMISSIONER HENNING: Is there any funds involved in
this?
COMMISSIONER COLETTA: Government funds. None of
ours.
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May 25,2010
MS. TOPEL: For you, no.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: This is a --
COMMISSIONER COLETTA: Motion to approve.
CHAIRMAN COYLE: -- grant request. Okay.
We have a motion to approve by Commissioner Coletta. Is there
a second?
COMMISSIONER HALAS: I'll second it.
CHAIRMAN COYLE: Seconded by Commissioner Halas.
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. Thank you very
much.
MS. TOPEL: Thank you very much, 10:45.
CHAIRMAN COYLE: That's perfect.
Okay. Let's go to our time-certain, County Manager.
Item #5E
PRESENTATION OF A POST 2010 LEGISLATIVE SESSION
SUMMARY BY KEITH ARNOLD, PRINCIPAL OF 1. KEITH
ARNOLD AND ASSOCIATES - PRESENTED
Page 50
May 25,2010
MR. OCHS: Yes, sir, 10:45 time-certain, Item 5E. It's a
presentation of the post-201O legislative session summary by Keith
Arnold, principal of J. Keith Arnold & Associates.
MR. ARNOLD: Thank you, Mr. Ochs. For the record, my name
is Keith Arnold, and I have the privilege and the honor of representing
your interests in Tallahassee. And with me today is Brett Bouko
(phonetic) from our Tallahassee staff. And both Brett and I do enjoy
working not only with each and every one of you, but with your
county staff, with County Manager Ochs, with Jeff Klatzkow, the
county attorney, with Debbie Wight and John Torre, as well as many
of your staff members.
And so, my job today is, in ten minutes -- and I've already used
one in introduction -- so nine minutes express to you what the
legislature did or did not do in some 3,000 bills that came their way.
And we'll try to do that in very, very brief summary fashion.
You have a fairly extensive list in front of you of some of the
issues we worked on on your behalf. You have a 73, '4 page report
that Brett and I have put together for you on those issues, which we
have worked on throughout the legislative session.
I'll briefly go through some of the highlights. But just a couple of
things, on Page 3, it's important to note that the governor does have
the budget in his hands right now. By this Friday, he will either
accept it or reject it or reject portions of it.
The budget is some $1 billion higher than he recommended to the
legislature. He recommended a $69 billion dollar budget. The
legislature passed a $70 billion budget, which is comprised of an
awful lot of federal stimulus dollars, not the least of which is an area
called FMAP, and we'll talk about that in a little bit. FMAP is actually
going to be relatively important to some of the considerations that you
are interested in.
If you turn to Page 20 of the report, you'll see the Collier specific
items which you had identified in the pre-legislative workshop for us
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May 25,2010
to work with on your behalf, and we'll go through those rather rapidly
right now, and then I'll make a couple concluding remarks about some
of the issues I think that we're going to be faced with in the near term,
not the least of which is the issue you just got through discussing a
few minutes ago, a potential special session on oil and gas drilling in
the State of Florida.
MR. OCHS: I'm sorry. Did you say Page 20 or 19?
MR. ARNOLD: Page 19 on yours and--
MR. OCHS: Okay.
MR. ARNOLD: -- 20 on mine.
MR. OCHS: Very good.
MR. ARNOLD: Libraries, you were very interested in the full
funding of the state library system. That actually did not happen until
the very end of the legislative session. In fact, the legislature did,
indeed, restore the funding to the state library system. Obviously,
from your perspective, you have a lot of issues that you've identified
as very specific to Collier County and some more general. This is one
of the ones that was more general, but you were very, very interested
in and contacted us quite a bit on.
Home rule. Home rule generally was protected this year. It was
a very quiet year; I'll speak to that a little bit in a second as we talk
about growth management, impact fees, and other issues, but it was
generally a very, very quiet year as it relates to the legislature trying to
impose upon local governments, specifically cities and counties, their
legislative objectives, without any funding.
And the main reason I believe it was a quiet year is because of
Proposition 4. As you know, in November, we'll be voting on a
constitutional ballot initiative which will allow the voters to decide
what they do on zoning issues, comprehensive land use planning
issues, et cetera, under the guise of home rule -- hometown
democracy. And that hometown democracy initiative had a very, very
quieting effect on all those issues which you care about in Tallahassee,
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May 25,2010
such as growth management, protection of your ability to control
growth through your own growth management ordinances, impact
fees, et cetera.
Revenue and expenditure caps, likewise, T ABOR. TABOR's an
issue. The acronym is the taxpayer bill of rights. But TABOR's an
issue which was defeated this year as well as last year, but it will be an
issue that we will face next year. And this constitutional amendment
or potential constitutional amendment suggests that every voter in
every jurisdiction throughout the state will be able to vote on all tax
initiatives that any local or state government may try to impose on
them.
That will come back in the 2011 session. The principal sponsor
of that constitutional amendment is the next senate president, Senator
Haridopolos. It's his number one issue, we will be deliberating on it,
and something to keep your eye on.
Impact fees, as I mentioned before, you've been very protective
of your right to impose impact fees. They were preserved this year.
There were some initiatives introduced in the legislature to try to
impede or somehow place some restrictions on your ability to place
impact fees to help pay for growth when growth does return to Collier
County. Those issues were introduced. They were not deliberated on
in any serious manner, and ultimately they were rejected.
Transportation. You've always been very protective of the
Transportation Trust Fund. This is a relatively new issue which has
developed in Tallahassee during the budget crisis over the last several
years, and it really has been going on for about five or six years now
where the legislature will dip into the Transportation Trust Fund, pull
monies out of the trust fund to fund the balance of state government
because of their own funding problems.
And this year was not an exception, despite your desire to protect
the Transportation Trust Fund. This year was not an exception. The
legislature did dip into there and pull approximately $160 million out
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May 25,2010
of the Transportation Trust Fund.
The initial proposal was 400 million. They dropped that to 160-,
and 59 million of that will be reimbursed based upon federal action
on, again, issue we'll talk about again in a minute called FMAP,
F-M-A-P, Federal Medicaid Assistance Program. You're going to ask,
what does that have to do with transportation? We'll get there.
Dot.com legislation did not pass. I thought it might this year.
We worked pretty hard on it with the sponsors. There was a real
interest. I know your tourism industry, several of the advocates here
in Collier County, have suggested that the sales tax ought to be
applied to those entities that purchase goods and services online.
Believe it or not, that is state law. They actually should be paying
state sales tax; however, there's no enforcement of that law. And there
is some subjectivity to the law, and consequently, we believe new
legislation is needed.
Ochopee -- excuse me. The two local bills, which are on Page 10
and 11 -- if we go back to Page 10 and 11 there were two local bills
which you were interested in, which in your booklets actually may be
9 and 10. Those two local bills deal with the children's services issue
as well as the consolidation of the fire districts.
As you know, the consolidation of the fire districts did not pass.
I think you owe -- I would suggest that we all owe a debt of gratitude
to representative Matt Hudson for not pursuing that in the wake of
your objections. He made it very clear that if the commission did not
agree with that bill, he was not moving forward, and he did not do so.
The children's services tax, as you know, did pass, and that will
be on the ballot, I believe, this November, and it's one that ultimately
the voters will decide here in Collier County.
Moving back again to the issue which I know most of you are
very, very concerned about. Jackson Labs, Pages 23, 24 of your -- of
your handout. Obviously, first of all, I would like to say publicly this
would not have happened but through the efforts of Senator Garrett
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May 25,2010
Richter. He did a marvelous job, a yeoman's job, in pushing this
through ultimately the Senate. Initially the Senate and ultimately the
legislature. He was very, very effective on this issue particularly
given the economic considerations we had this year in Tallahassee.
We're down to a minute.
MR. OCHS: That's all right.
MR. ARNOLD: I know that also, again, a couple of the
commissioners were involved. Commissioner Coyle, Commissioner
Coletta, thank you for your efforts there. Again, without what you
did, this issue wouldn't have made it through the legislature.
The one issue I do want to mention, again, coming back to what
is this appropriations contingent upon? It's contingent upon two
things. Number one, the Governor signing the Appropriations Act this
week by this Friday and approving this as part of that.
The second thing this appropriation is contingent upon is
congressional action. This was funded out of a program called FMAP,
the Federal Medicaid Assistance Program. The money that would
come through the state budget to Collier County, to ultimately
implement this program, is 100 percent contingent upon the federal
government approving an additional stimulus package which would
help states finance their Medicaid program. That is being deliberated
on in Washington right now, House Resolution 4213. It's one that you
will want your federal lobbyists involved in. It's being deliberated on
in the House this week.
Ultimately, ifit passes the House, it will go to the Senate
sometime after Memorial Day to be deliberated on in the Senate.
None of these monies come to Collier County unless Congress
passes an additional stimulus package. It's important for you to
understand that.
And so whether it's this or the transportation funding I referred to
earlier, there's several appropriations. In fact, $270 million worth of
state appropriations are contingent upon congressional actions, of
May 25,2010
which 50 million associated with Jackson Labs is also contingent on
that.
So to the extent that you feel compelled to get involved in the
politics of Washington right now, it's very important and very timely
that you do so to ultimately see this through to fruition.
I will conclude with one issue, which is on Page 70 and 71 of
your handout, and that is the issue dealing with oil and gas drilling in
the State of Florida.
As you know, the House last year passed a resolution for the first
time in our history to allow for oil and gas drilling off of our
coastlines. The Senate did not pass that in 2009.
Coming into the 2010 session, we were very concerned that
ultimately this would gain some political momentum, which it did
initially, of course, and ultimately it looked like the House would pass
that.
With the disaster in Louisiana, which may soon be a disaster in
all the Gulf States, including Florida, obviously that legislation was
not passed.
The stakes are much higher now, and the Governor is continually
threatening to call a special session on this issue. I'm aware that you
deliberated on this this morning, and you're sending a letter to, I
believe, Congress, and to the state legislative delegation, perhaps, and
others suggesting that drilling ought not to be allowed.
Specifically, this is the question. The Governor's going to
propose, ultimately, I believe, that this be placed in the constitution as
a constitutional amendment to be voted on this November to forever
prohibit oil and gas drilling off the coastline of the State of Florida.
I believe that's going to set up the political dynamics between he
and the legislature as to what they will do. And I believe that may
come sometime in the next few weeks. So I'm not sure exactly in
what context you had planned to frame your letter to Congress and to
the legislative delegation and perhaps even to the Governor, but that's
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May 25,2010
something to keep in mind that I believe the debate will be as to
whether this be included in the constitution or not.
And certainly -- well, it's my belief that's the direction the
Governor will go in. The legislature's showing some resistance to
that. They would prefer not to have a special session on this. And
right now the public comments would suggest that they do not want
this embedded in the constitution at all.
So that will be the political dynamic that will take shape and
come together or not come together as the case may be over the next
few weeks, along with potentially a special session on the budget and
those items which, perhaps, were vetoed by the Governor this week.
Mr. Chairman, I'll be happy to answer any questions.
CHAIRMAN COYLE: Okay. Any questions by
commissioners?
COMMISSIONER COLETTA: Yeah.
CHAIRMAN COYLE: His light was on first.
COMMISSIONER COLETTA: It was.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: It's on. I'll turn it off now.
There we go.
CHAIRMAN COYLE: Okay, thank you.
COMMISSIONER COLETTA: Keith, thank you so much for
your contributions, and Debbie, thank you. I mean, you were kind of
the muscle behind making sure everybody kept going forward on that.
One of the things I'd like my fellow commissioners to consider is,
I'd like to propose that we attempt to have a post-legislative meeting
with our state representatives as it comes to session. I think this will
help emphasize our support and concerns on what has transpired
during the time period.
If we consider the number of letters the Board Chairman has
written at Board direction on a wide range of issues to Tallahassee, we
are in a very challenging time.
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May 25,2010
Commissioners, I think we should show our commitment to the
state process, and by having this meeting, emphasize that we are not
passive spectators.
And what I would suggest, because our schedule is very busy
going towards the summer recess, if we're going to have a post
meeting, we'd have to do it sooner than later -- is that we dedicate a
half an hour to be able to have a condensed version of the legislative
briefing during the regular commission meeting under presentations.
COMMISSIONER FIALA: Today?
COMMISSIONER COLETTA: Yes, right here.
COMMISSIONER FIALA: Today, you mean?
COMMISSIONER COLETTA: Oh, no, no, ma'am. We would
have to get some of our legislative delegations committed to come to it
first, but I'd really like to be able to address it. They had -- in talking
to them, some of the positions they took had some merit for
consideration, and I'd like us to hear them out as we move forward.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yes. I also would like to thank
your staff for all the hard work that you do up there for Collier
County. And if it wasn't through all the efforts that you and Brett put
forth, we wouldn't really have the success that we've had.
I know that some of the items that we brought forth that we
thought were very important did not get passed, but I think with
perseverance we can address those same issues again next legislative
section.
And Debbie, thank you and also John Torre, for all the effort that
everybody puts into this thing. We appreciate it.
MR. ARNOLD: Thank you.
CHAIRMAN COYLE: Thank you. With respect to the question
that's been raised about -- well, anything else from you?
MR. ARNOLD: Mr. Ochs asked, Mr. Chairman, that I just have
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May 25,2010
a couple words and speak to the issue of the gaming issue that has
passed and ultimately been ratified by the legislature.
The question really has been, what's the economic impact to
Collier County. I really don't know the answer to that. I think it
ultimately depends on what games are installed in Immokalee what
the financial success of those games are.
Right now you will get 3 percent of a minimum cap of revenues
which is expressed -- I'm using an older version of this, so I'm one
page off from yours, but I believe it's Page 27,26 on your report.
MR. OCHS: Twenty-five.
MR. ARNOLD: Twenty-five. There's a tablet. It starts on Page
25 and the tablet's on Page 26.
You'll see at least what the state revenue forecasters believe
gaming will bring into the State of Florida. Your initial take is based
off the state's estimated minimums, which are $150 million for the
first two fiscal years before ultimately, in year six, when it -- it scales
up in years three, four, and five, and then year six it's a floating
amount based upon the actual take of the casinos.
You will receive -- out of the percentages that go to local
governments, you'll receive 100 percent that go -- that come from the
Immokalee casino. And that 100 percent generally equates to 3
percent of gross revenues.
The state has not put an official number together yet for local
governments on this, and as soon as they have, I will get that to you.
I will say -- Commissioner Coletta, you and I talked about this
several times during session -- the county's take on this is not going to
be, I think, what we initially had anticipated, at least based upon the
state revenue forecast. So we believe it will be substantially lower and
not a whole lot of money up front.
But as those official numbers come in from the Department of
Revenue, I'll get those to you.
That concludes my report, Mr. Chairman.
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CHAIRMAN COYLE: Okay. Thank you very much. Where do
we go now?
MR. OCHS: Thank you, Keith. Good.
Item #10A
RECOMMENDATION TO APPROVE THE COMBINATION OF
THE ANNUAL UPDATE AND INVENTORY REPORT (AUIR)
AND THE CAPITAL IMPROVEMENTS ELEMENT (CIE)
ANNUAL AMENDMENT OF THE GROWTH MANAGEMENT
PLAN (GMP) - APPROVED
Commissioners, that takes us to Item lOon your agenda, county
manager report.
lOA is a recommendation to approve the combination of the
Annual Update and Inventory Report and the Capital Improvements
Element Annual Amendment of the Growth Management Plan, and
this item will be presented by Mr. Mike Bosi.
COMMISSIONER HENNING: Motion to approve.
CHAIRMAN COYLE: Second.
I have a motion to approve by Commissioner Henning, 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?
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May 25,2010
(No response.)
CHAIRMAN COYLE: It passes unanimously.
MR. OCHS: Thank you, Commissioners.
COMMISSIONER HALAS: Great report.
CHAIRMAN COYLE: Yeah, excellent report.
Item #lOB
RECOMMENDATION TO ACCEPT THE RETURN ON
INVESTMENT (ROI) REPORT ON THE ENHANCED TOURISM
MARKETING PROGRAM IN THE 1ST QUARTER 2010 USING
FUNDS TRANSFERRED FROM CATASTROPHE AND MAJOR
BEACH RENOURISHMENT RESERVES - PRESENTED
MR. OCHS: Takes us to lOB, which is a recommendation to
accept the return on investment report on the Enhanced Tourism
Marketing Program in the first quarter 2010 using funds transferred
from catastrophe and major beach re-nourishment reserves. Mr. Jack
Wert, your tourism director, will present.
MR. WERT: Thank you, Mr. Ochs, and good morning,
Commissioners. For the record, Jack Wert, your tourism director.
You had an advance look at this presentation in PowerPoint form.
What we have done is consolidated those slides into some much fewer
-- and so this should not take any time at all.
I just wanted to give a quick overview of -- first of all, this
campaign measurement of the return on investment was not done by
staff, was not done by our advertising agency. It was done, in fact, by
compiling data from a lot of different sources, and I just wanted to
show you.
We used Smith Travel Research, which tells us comparative
analysis between destinations. So we compare ourselves with
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May 25,2010
Sarasota, Miami, Fort Lauderdale, and so forth, every month to see
how we're doing occupancy-wise and rate-wise and also the difference
between leisure business, mom, pop, and the kids, and group meeting
business.
Research Data Service, Dr. Walter Klages, who you've seen
before you in the past, that is our official research company, and they
compile a number of studies for us, and some of their statistics are in
this report as well.
Phase five is our fulfillment company, so they track the number
of visitor guide requests we get and all the other requests for
information, and they're our distribution source.
Miles Media Group is our group that works on our website, and
they have a very sophisticated analytics tool that helps us measure all
of the requests for information through the web site and how people
are acting on the website, where they're going, how many people go to
actually look for booking information on hotels.
Sales and marketing technologies works with our search engines
technology. We get monthly reports from our Collier County Tax
Collector. Of course, the Department of Revenue helps us with sale
tax -- sales tax revenue. And Implan is the nationwide company that
provides us information on multipliers and what direct expenditures --
and how that translates then into economic impact to the community.
So lots of different sources. I just wanted to give you a quick
overview of that.
The campaign for first quarter -- and that's primarily what we
want to talk about. I do want you to know, however, that the transfer
of dollars from the beach reserve fund was not just used or totally used
in this first quarter.
We actually used that in a combination of ways. We used some
of it in the first quarter here, and you'll see the results of that in just a
moment, but we also used a little bit of it to add a market. The market
of Philadelphia was brand new to us this year. We were not able to
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May 25,2010
advertise there before. So you'll see some statistics related to that.
And also, it helped us enhance that winter campaign to really get
a foothold in the northeast and the midwest, which is so important to
this first quarter, and also extend a little bit our summer campaign as
well.
You can see there the various media that we used. The timing of
this campaign was January 17th through March 14th. First time we've
ever started early in the year. We knew it was important to support
first quarter and season, our high season for visitors, and so that's
where we delivered the majority of this campaign, and the results of
which you will see in a moment.
I'm going to ask Cedar Hames from Paradise Advertising and
Marketing to assist in this presentation, along with Walter Klages, and
so the two of them will work through the next couple of slides with
you.
MR. HAMES: Good morning. So this first slide is from Miles
Media, and it indicates the number of hits or the spike on the website.
And you can see that it directly correlates with our advertising
campaign.
And this is a -- information from phase five -- oh, I'm sorry. This
is still from Miles Media. This is the 40,000 inquiries that we had;
12,000 of those went and booked directly or clicked through to a
booking engine to book their hotel.
And this is the phase five; 72 percent increase over last year for
visitor requests. And this data -- in both cases our three targeted areas,
including Philadelphia, our brand new market, were in the top five of
. ..
mqumes.
Here's Klages research, and it indicates that -- the 5 percent
increase that, but you can see that our target areas are, again, higher
than -- even higher than that.
Forty thousand -- this is from Smith Research. Forty thousand
additional room nights over last year, and $7 million in increased
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May 25,2010
revenues over last year. We are up in occupancy, room rate, and
revenues. In fact, our room rate is the highest of all of our 11
competitive set.
And while we are up, the competition is down, including our
neighbor to the north. And here's an interesting example. Saint
Petersburg/Clearwater, we're beating them in occupancy, but our rate
is twice as high as theirs. So why are consumers willing to pay twice
as much money? It's because the marketing helps to establish the
quality of the brand, of the destination, and the value, and fortunately,
the destination lives up to that billing.
And here you have a list of a variety of different third-party
vendors. I guess the key one here is the tourism tax collection of 8.6
percent over last year's first quarter.
And here's the -- a breakout -- a more -- a detailed breakout;
495,000 visitors in the first quarter. Forty-three percent of those
visitors said that they saw the marketing. Of the 43 percent, or
214,000,46 percent, or 98,000, said they were influenced by the
marketing. And it's interesting to know that 33, almost 34 percent of
the -- of our visitors are first-time visitors, so clearly the marketing is
even more critical for those.
The ROlon that 98,000 that were influenced generated $55
million worth of direct expenditures, and 82, almost $83 million of
economic impact.
Drilling down even more. Of the 98,000 that were influenced,
35,000 were directly influenced by the advertising and booked as a
result of that marketing. And that generated 20 million in direct
expenditures and 30 million in economic impact.
And quite frankly, this is just the tip of the iceberg, because our
target market is still primarily spring/summer. And so this campaign
was to help facilitate the first quarter, but it's just, just the beginning.
I'll be happy to answer any questions. And Walter --
CHAIRMAN COYLE: Okay. Thank you very much.
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May 25,2010
MR. HAMES: Thank you.
MR. KLAGES: Thank you.
CHAIRMAN COYLE: Thank you.
MR. WERT: Thank you, Commissioners. If you do have any
questions, I'll be happy to --
CHAIRMAN COYLE: Commissioner Halas has a question.
MR. WERT: Yes, sir.
COMMISSIONER HALAS: Was there any research done on
first-time visitors that were coming to Southwest Florida in regards to
seeking real estate values that obviously are at a substantially low rate
compared to what's been here in the past?
MR. WERT: Specifically -- I don't believe you ask that question,
do you, in the survey?
MR. KLAGES: Walter Klages, Research Data, for the record.
Sir, it is an open-ended question and, yes, in the database there
are people who are saying that they are coming to the destination in
search of a second or retirement home. That number, of course, used
to be relatively high 'til about 2008. Since '08, it has steadily declined.
We have seen, in the last two months for the first time, a slight
increase, and that's a volunteered statement when we are talking to
visitors in the random walk here at the destination.
COMMISSIONER HALAS: Okay. I'd just like some additional
clarification on that, because what I read in the Naples Daily News is
that a number of people came here this year seeking good property
prices and getting values. So I think that maybe some of the data that
you may have doesn't reflect the amount of people that come down
here looking for a good deal.
MR. KLAGES: Well, as I said, it's a volunteered statement, and
what they're saying basically is, we're here because we're looking for a
retirement home, a second home. Of course they're looking for value.
I would say that is definitely true.
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May 25,2010
And I shall pull this out of the database and make a separate
tabulation for you so that you will have the entire database and
everything that correlates to that at your disposal. When would it be
that you would like to have that? I could do it in the next two weeks.
COMMISSIONER HALAS: At your convenience.
MR. KLAGES: Yes, sir. I shall do that. Thank you.
CHAIRMAN COYLE: Okay. Thank you very much. Where do
we go from here?
MR. WERT: Thank you.
CHAIRMAN COYLE: County Manager?
Item #lOC
RECOMMENDATION TO APPROVE AND AUTHORIZE THE
CHAIRMAN TO SIGN TWO (2) SUBRECIPIENT AGREEMENTS
PROVIDING FORA $35,000 STATE HOUSING INITIATIVES
PROGRAM (SHIP) GRANT TO THE EMPOWERMENT
ALLIANCE OF SW FLORIDA COMMUNITY DEVELOPMENT
CORPORATION (EASF), AND A $35,000 SHIP GRANT TO THE
HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA
(HDC). THESE AGENCIES WILL PROVIDE HOMEBUYER
EDUCATION COUNSELING AND/OR PRE-PURCHASE,
EXTENDED CREDIT AND/OR FORECLOSURE PREVENTION
COUNSELING TO BENEFIT PERSONS EARNING LESS THAN
120% OF FAMILY MEDIAN INCOME OF COLLIER COUNTY -
APPROVED
MR. OCHS: Yes, sir. Commissioner, we go to Item lOC on
your agenda. It was previously Item 16D5, and this item was moved
onto the regular agenda at the request of both Commissioner Henning
and Commissioner Halas.
It's a recommendation to approve and authorize the chairman to
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May 25,2010
sign two sub-recipient agreements providing for a $35,000 state
housing initiatives program grant to the Empowerment Alliance of
Southwest Florida Community Development Corporation, and a
$35,000 SHIP grant to the Housing Development Corporation of
Southwest Florida.
These agencies will provide homebuyer education, counseling,
and/or pre-purchase, extended credit, and/or foreclosure prevention
counseling to benefit persons earning less than 120 percent of family
median income of Collier County.
CHAIRMAN COYLE: Okay. We can ask Commissioner
Henning to ask his questions and concerns?
COMMISSIONER HENNING: You can.
CHAIRMAN COYLE: Okay. Will you do that?
COMMISSIONER HENNING: Sure.
CHAIRMAN COYLE: Go ahead.
COMMISSIONER HENNING: Mr. Klatzkow, were you aware
when you recommended to take the HDC to court there was a -- that
we were going to provide more money after you filed the lawsuit?
MR. KLATZKOW: I went back to the original executive
summary, and I had only focused on the lawsuit, which is what the
discussion before the board was on. And in the executive summary to
the Board on February 9th, staff asked for two things. They asked for
the board to ask this office to file a breach of contract action against,
I'll just say, HDC, but at the same time, staff also said that they'd like
to get direction from the Board whether or not to fund HDC in the
future. Their recommendation was that the funding would not be for
construction related projects.
The discussion the Board had though, was simply with the
litigation. The Board did not discuss the issue of future funding.
COMMISSIONER HENNING: Does this -- if we approve this
item, does that affect the lawsuit?
MR. KLATZKOW: No, no. I think they're two separate things,
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May 25,2010
SIr.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: Okay?
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: My main concern was because of
some of the things that I researched back a few years ago, there was
one particular law firm that was involved in this, and I felt that they
were too close to what was going on in the distribution of money.
So is Porter Wright still involved in this?
MR. KLATZKOW: We researched that issue yesterday. And
based on corporate filings with the Secretary of State, it appears they
are no longer involved with HDC.
COMMISSIONER HALAS: I'm sorry. What was that?
MR. KLATZKOW: It appears they are no longer involved with
HDC.
COMMISSIONER HALAS: Okay. You answered my question.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. This education process that
they're looking for funding to perform, wasn't this handled by our
extension services previously?
MS. KRUMBINE: Yes. For the record, Commissioner, Marcy
Krumbine, Director of Housing and Human Services.
It was handled by extension when I was there, and then when I
moved to Human Services, the position came over to the Housing and
Grants Section. Then when I took over Housing and Grants and we
became Housing and Human Services, it all came under us.
We have one staff member internally that still does the
one-on-one counseling and the pre-qualification like I did. But what
we -- since my office traditionally wasn't an educational office, it was
serving affordable housing and direct service for clientele, we went
ahead and worked with the Housing Development Corporation to get
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May 25,2010
them situated, trained, and certified to become that branch of the
homebuyer's education, and they've been doing it since 2007 and
doing an excellent job with it.
COMMISSIONER FIALA: Okay. And extension doesn't do it
anymore?
MS. KRUMBINE: That is correct.
COMMISSIONER FIALA: Okay. I asked a few questions
because I just wanted to know what type of education, how many
people they serve. I really wanted to know what the money is going
for before -- before I could vote on it, anyway. And according to
these, the training -- the training -- let's see. It says, provided by
Marcy through college. It was the college in Immokalee who did this.
Is this -- was previously taking -- you know, that's how it was
previously taken care of.
And I asked how many attendees they had. In 2007, 180, in
2008, approximately 300, in 2009,526, and so far in 2010, it's 172. I
asked what the length of the course was, and it says that each
workshop is seven hours in length and done over two weekday
evenings or a Saturday. I just wanted to know what all our money was
going to go for. How many people have completed the course? And
it says, the figures above are those that have completed the class and
received a certificate, so the numbers that I just read previously.
And I wanted to know if these people purchased a house. And it
says, some have purchased and others have come back for long-term
credit counseling to improve their credit to purchase a house.
And then additional funding. Let's see. They say they're asking
for funding for 10 more workshops. They do at least 22, and this is
supposed to be for ten of them. And in May alone, they had 37
attendees at the English class and 33 at the Spanish class.
So at least I got an idea of what this money is going to be used
for and dedicated to, and it sounds like it's educating those people who
either have bought a home and have credit problems or are
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contemplating buying a home and need this -- these classes in order to
move forward.
So I just wanted to put that on the record here. Thank you.
CHAIRMAN COYLE: Commissioner Henning?
MR. MITCHELL: Sir, we do have a public speaker.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: Motion to approve.
CHAIRMAN COYLE: Okay. Motion to approve by a
Commissioner Henning.
Is there a second?
COMMISSIONER HALAS: I'll second it.
COMMISSIONER HENNING: I have a question.
CHAIRMAN COYLE: Second by Commissioner Halas.
There's a public speaker, too, by the way. Do you want to ask
your question now?
COMMISSIONER HENNING: I do.
CHAIRMAN COYLE: Go ahead.
COMMISSIONER HENNING: The extension -- when you were
-- you never taught the class when you were at the extension.
MS. KRUMBINE: Oh, I taught it all the time.
COMMISSIONER HENNING: Oh, okay. I misunderstood.
MS. KRUMBINE: I said -- I meant that the Housing and Human
Services wasn't -- their mission isn't education. Their mission is direct
service. Extension's mission is education for the community. So what I
meant was, when I brought it, when it came to --
COMMISSIONER HENNING: You didn't bring it with you?
MS. KRUMBINE: I didn't bring it with me. It was given to me.
COMMISSIONER HENNING: It was given to you, oh. It was a
gift.
MS. KRUMBINE: That keeps giving.
CHAIRMAN COYLE: Let's hear from the public speaker.
MR. MITCHELL: Kathy Patterson.
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May 25,2010
MS. PATTERSON: Good morning, Commissioners. I'm Kathy
Patterson. I'm the executive director of the Collier County -- or the
Housing Development Corporation of Southwest Florida.
The Housing Development Corporation provides many helpful
quality services to the citizens of Collier County, one of which is the
homebuyer education, which we have been providing since 2007.
You had some questions. The class -- the education contract we
are talking about today provides seven hours of classroom education
and it -- and we are soon to go to eight hours.
We provide one-on-one pre-purchase credit counseling, and we
provide long-term credit repair counseling for citizens of Collier
County except those east -- in the east county, which is provided by
our partner, Empowerment Alliance.
We have provided the education extended credit counseling for
those households in the Naples area that have applied for down
payment assistance through the county, and we also are providing the
same service for those that are buying the NSP homes that the cou- --
that Housing and Human Services has rehabbed and are for sale.
Since the HDC began offering the service in 2007, we have
provided around 20 -- 1,200 individuals the education. I didn't give
you the count on the counseling.
In 2009 we began offering the classes twice a month, once in
English and once in Spanish. Last year we educated 523, and since
January, we have -- we have provided 172 individuals future
homebuyers' education on the home buying process.
Weare a HUD approved counseling agency, and we offer this
service to anyone in Collier County at no cost to the family, due in
large part from the funding provided by Housing and Human Services.
Our HDC's educators and counselors are trained and certified as
housing counselors, another prerequisite of applying for the funding.
The education contract is only a small percentage of our total
funding. The majority of our funding comes from foreclosure
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May 25,2010
intervention and default counseling with a focus on Collier County. A
very small portion of this contract will help with the foreclosure
counseling.
The -- we hope that providing them with the proper tools today,
homebuyers will be successful, and we will not be faced with the
situation we are presently facing with foreclosure.
The education and counseling is a valued service to the citizens
of Collier County. It is local, and it's convenient. I invite you to
volunteer at our agency and experience just what kind of services we
provide for the community.
I ask you to vote favorably today. Thank you.
CHAIRMAN COYLE: Thank you. Are there any other
questions by commissioners?
(No response.)
CHAIRMAN COYLE: Okay. We have a motion on the table
for approval. 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 is unanimously approved.
Now, we have a time-certain at 11 :30, and so in the next
two-and-a-half minutes, I would like to announce that I promised to
provide the community an update on the negotiations with the Jackson
Labs project. I will do that during correspondence by commissioners.
That's at the end of this meeting when the commissioners have an
opportunity to make comments concerning various topics. So I will
be giving a brief status report of those discussions at that time.
Somebody have a two-minute joke?
Page 72
May 25,2010
Item # 11
PUBLIC COMMENT
MR. OCHS: Or you could -- you could, perhaps, take any -- any
public comment under II?
MR. MITCHELL: Yes, we do.
MR. OCHS: How many?
MR. MITCHELL: Chuck McMahon.
CHAIRMAN COYLE: Chuck McMahon.
MR. McMAHON: Yes, sir.
CHAIRMAN COYLE: You can come up and speak if you'd like
now.
MR. McMAHON: Oh.
CHAIRMAN COYLE: You don't have to stay all day to -- are
you talking under general public comment, Chuck, or are you --
MR. McMAHON: Are we under public right now, or are we
under --
CHAIRMAN COYLE: We're going to public because we have
to kill two minutes.
MR. McMAHON: Okay. And I'm under public and I can keep it
up (sic) two minutes, probably. It's real quick and simple.
CHAIRMAN COYLE: Okay.
MR. McMAHON: My name is Chuck McMahon. I reside in
Golden Gate residence (sic) of Indigo Lakes.
I am very disappointed and my -- I don't even know how to
explain it. I listened to the last ten minutes of the County Commission
meeting in the last -- two Tuesdays ago. I'm embarrassed and hurt
with the things that I heard from the County Commissioners when
they so viciously attacked the fire districts in that board meeting for
ten minutes or more, and I think it is un- -- I think that you guys ought
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May 25, 2010
to look at that tape and see what you did, because it's an
embarrassment.
That's all I got to say. Thank you.
CHAIRMAN COYLE: Okay. Thank you. You could use
another minute criticizing us if you'd like.
MR. McMAHON: That's the honesty and that's the truth. Look
at the tape and then you'll know.
CHAIRMAN COYLE: Okay. No, that's right. I appreciate that.
Okay. We have less than one minute before we can begin the
time-certain item, so we'll ask for your indulgence.
COMMISSIONER FIALA: Ian, how many speakers do we have
on this subject?
CHAIRMAN COYLE: Seventeen.
MR. MITCHELL: Eighteen.
CHAIRMAN COYLE: Eighteen public speakers, so that's going
to take us right up till one o'clock fairly easily.
Okay. It is now 11 :30. We will hear the time-certain item.
Item #9E
RESOLUTION 2010-113: RECOMMENDATION TO DIRECT
THE COLLIER COUNTY SUPERVISOR OF ELECTIONS TO
PLACE A STRAW BALLOT REFERENDUM ON THE
NOVEMBER 2, 2010, BALLOT FOR THE GENERAL ELECTION
CONCERNING CONSOLIDATING THE INDEPENDENT FIRE
DISTRICTS - ADOPTED W/CHANGES IN LANGUAGE
MR. OCHS: Yes, sir. That's item 9E on your printed agenda.
It's a recommendation to direct the Collier County Supervisor of
Elections to place a straw ballot referendum on the November 2,2010,
ballot for the general election concerning consolidating the
independent fire districts.
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CHAIRMAN COYLE: Okay.
MR. OCHS: This item was brought originally at the last meeting
by Commissioner Coletta for the Board's consideration. The Board
directed the staff to bring it back at this meeting for the Board's
decision.
CHAIRMAN COYLE: Okay. Let's call the -- we don't have a
staff presentation at all, huh?
MR. OCHS: No, sir.
CHAIRMAN COYLE: Commissioner Henning, you have some
comments you want --
COMMISSIONER HENNING: Yeah. This may help. It may
not. But I think maybe some of the concerns is, the language really
doesn't say what entity this is going to be. I think the biggest concern,
it would be under the county. So therefore, I would like to see if
there's any objections to adding some language to it to clarify. And
the language into one independent fire district, and it shall read as
follows: Would allow the support -- consolidation of the independent
fire districts into one independent fire district in Collier County
providing that the consolidation will improve efficiency, promote a
more cost-effective use of tax dollars.
CHAIRMAN COYLE: I would support that. I have absolutely
no desire to take over responsibilities for firefighting in Collier
County.
COMMISSIONER HENNING: And I -- Mr. Klatzkow, is that --
would that --
MR. KLATZKOW: I think that's an improvement, quite frankly.
We just have to keep it 75 words, and I think we've done that.
COMMISSIONER FIALA: Can you read it one more time,
please?
MR. KLATZKOW: I have--
COMMISSIONER HENNING: Would support consolidation of
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May 25, 2010
the independent fire districts, and here's the insertion, into one
independent fire district, and the rest as follows.
CHAIRMAN COYLE: Could I offer a slight change that would
make it even clearer?
COMMISSIONER HENNING: Sure.
CHAIRMAN COYLE: Could we say that we support
consolidation of the five independent fire districts into one Collier
County fire district, or are -- it would be my intent, really, to take the
two dependent fire districts and consolidate them into that. I just don't
want this to be interpreted as an effort to require the City of Naples
and the City of Marco to consolidate their fire districts into this.
We're talking only about the independent fire districts outside the
municipalities. And I don't know of any reason that we should not
include the two dependent fire districts. You're going to consolidate
them, let's consolidate them all.
COMMISSIONER HENNING: That's seven.
CHAIRMAN COYLE: Yeah. That will be seven total. But you
see, it's not -- it's tricky wording because people don't understand that.
We'd have to say, would you support consolidation of the five
independent fire districts and the two dependent fire districts into a
single Collier County fire district, so forth. It still doesn't -- it's still
going to be confusing because the two dependent fire districts,
somebody could interpret it'd be the Naples and Marco fire districts.
If somebody could think of a way to clarify that, I think it would --
MR. KLATZKOW: We could add unincorporated to it before
Collier County.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: If I could offer some
suggestions. Once again, my light's not working over there.
CHAIRMAN COYLE: That is an improvement by the way.
COMMISSIONER COLETTA: Let's talk about it. If you include
the municipalities, it's a great thing. I think someday you need to get
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there, but that might be one big jump that would be very difficult to
overcome at one time. That, and the other thing, the reason that I
think it would be best to not be site specific is, if you remember the
shell bill that came before us and how the thing was so constructed to
try to bring about a -- desired results, and the whole thing was built to
be an end-all for any consolidation.
By keeping this thing wide open, I think before this ever got to
the November ballot, we're going to see probably two, maybe three
fire districts consolidate because they don't know what could happen
down the line. That was one of the reasons why -- I mean, myself, I
can't see it under the county. It doesn't make much sense. But who
could say it couldn't be an independent fire district that would be part
of a county branch, something like a constitutional officer? Who
could say that it might not be part of the Sheriffs Department as a
bigger emergency response team? Who can't (sic) say that it wouldn't
be something that would be two years under the county where they
could go through it, be able to modify it and do what takes place?
You've got to remember, one of the reasons there's so much
objection about the county taking it over -- and I'm not particularly a
fan of it -- is because the county has the experience and the ability to
be able to do it and make the cuts that would be necessary.
So there would be that possibility. If you went two years, that--
I'm just talking about what it is. That decision would be made down
the line by whoever would come down, maybe the fire districts, it
might be the -- it might be the state legislative body. But if we
become too site specific and start to make all sorts of eliminations, we
put together something that, if it does get handed off, then it might
never work.
It's just some thoughts I'd like to give you, and that's some of my
concerns. But I do know, because of the panic, and you see out here
in the room -- there's been talk about consolidation for 20-plus years
now, and they're almost there.
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May 25,2010
Two years ago I was going to ask to have this put on the ballot,
and two good friends of mine took me to lunch and they talked me out
of it because they were almost there, and they really didn't need to
have a ballot item mess it all up. Well, that's two more years that was
lost.
So whatever we do with this, we want to make sure it's going to
have enough meaning so, one, the taxpayers will understand it and,
two, it will give enough direction to the fire commissioners that are
out there now and the state legislative body so they'll start to enact
whatever takes place.
But I sincerely believe that once this moves forward, you're
going to see things happen in a very, very fast rate of happenings.
CHAIRMAN COYLE: Well, that's exactly what we're trying to
do. We're trying to make it very clear so people won't get confused.
You don't want people thinking that we're trying to consolidate the
incorporated areas. But nevertheless.
Commissioner Halas?
COMMISSIONER HALAS: Yes, Chair. I thought that your
addition to what we're trying to accomplish needs to be instituted on
this consolidation of independent fire districts, and it should be
countywide less the two fire districts that are -- make up Marco Island
and the City of Naples.
CHAIRMAN COYLE: Okay. We'll ask -- Commissioner Fiala,
go ahead.
COMMISSIONER FIALA: It could be said a little simpler.
CHAIRMAN COYLE: Yes, it can.
COMMISSIONER FIALA: If you just say, the fire districts in
the unincorporated Collier County area. That way then it's pretty
clear, because the cities are not incorporated (sic).
CHAIRMAN COYLE: That's right.
COMMISSIONER FIALA: Or the cities are incorporated.
And what -- first of all, what if an area doesn't want their fire
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May 25,2010
department to be consolidated? Can that fire department opt out?
CHAIRMAN COYLE: It's just a straw poll.
COMMISSIONER FIALA: I know that, but I'm asking this for
the straw poll. I mean, people might want to know this before they get
there.
COMMISSIONER HENNING: The citizens of the district
created the district. The citizens of the district need to dissolve the
district.
COMMISSIONER FIALA: Right. So that's -- so if they didn't
want to dissolve it, then when you're taking --
COMMISSIONER HENNING: You answered your question.
COMMISSIONER FIALA: -- this straw poll, how do you -- how
do you determine -- is it done by precincts so that you know what
districts think it's important to do this and what districts would prefer
not to?
COMMISSIONER COLETTA: Well, it's a straw poll, if I may --
COMMISSIONER FIALA: Right.
COMMISSIONER COLETTA: -- offer it. And how this is all
going to be determined would be determined by the fire
commissioners, it will be determined by the state legislative bodies
and, of course, the citizens, too. We don't know what the outcome
was. See, the big failing that's been over the last 20 years while
everybody's tried to work through this situation has been the fact,
nobody ever went out there and did a polling of the public. This is
simply what it is. It's not binding in any way.
COMMISSIONER FIALA: But you didn't answer my question
yet. If an area does not want to -- say, for instance, all of East Naples
votes against consolidation. I mean, that will never happen, but I'm
saying as a for instance. Do they have to -- does that East Naples Fire
Department then have to be a part of the consolidation if everybody
else in the county votes for it?
COMMISSIONER COLETTA: Once again, it's a straw poll, and
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May 25, 2010
it will be determined by the people that are out there. I would assume
that at that point in time you would probably have people excluded
from it, because in order for it to happen, each district is going to have
to agree to dissolve, and that would have to follow well after a straw
poll when somebody puts together a plan for the merger.
CHAIRMAN COYLE: Let me see if I can try. I know what
Commissioner Fiala's trying to get at. If we have the straw poll, the
poll can be broken down by precincts, and from the precincts we can
derive some conclusion as to which people don't really want to be
consolidated. That would then have to be taken into consideration if
we are to make any recommendations to our legislators about what
decision would be made.
COMMISSIONER HALAS: Right.
CHAIRMAN COYLE: And so we would just -- could just report
that information to our legislators and say, here's what the people have
said they want. I suggest you conduct yourselves accordingly and
maybe foster legislation that would permit those who want to
consolidate to consolidate, and those who don't, would not.
But I don't think we could even answer that question yet until we
get the information. And I don't know -- I don't know if the straw poll
will solve anything, quite frankly. But nevertheless, we haven't tried it
before. We've tried everything else.
COMMISSIONER COLETTA: One thing it would solve,
Commissioner Coyle, is the fact that if it was unanimously rejected,
that puts this whole issue to bed forever.
CHAIRMAN COYLE: Oh, yeah. It sure does, yeah.
COMMISSIONER HALAS: End of it.
COMMISSIONER COLETTA: Yeah, yeah, and I think that's
what we're trying to do, bring some finality to this.
CHAIRMAN COYLE: Anybody opposed to listening to the
public speakers?
(No response.)
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May 25,2010
CHAIRMAN COYLE: Okay. Pubic speakers will get three
minutes. If you're opposed to it and other people have already said
what you're going to is say, we would appreciate it if you'd just say, I
waive, I support it or I don't support it. That's all we need to know,
quite frankly.
But let's start with the first speaker. I'd like to -- in the interest of
time, we'll announce two speakers at a time, and one speaker come to
that podium, the other speaker come to this podium so we don't waste
a lot of time waiting for people to walk up in between presentations,
okay.
MR. MITCHELL: The first speaker is Chuck McMahon, and the
second speaker Fred Thomas.
MR. McMAHON: I feel important. I keep getting called up here
first.
Commissioners, it's real simple. I am a Golden Gate Fire District
commissioner, okay. I'm going to read a little thing here, and maybe it
will sink in to you guys, maybe it won't. It says, independent fire
district is a public municipal corporation created by a special act of
Florida legislator (sic) and a majority vote of the citizens who reside
within the district.
Golden Gate Fire and Rescue District exists and operates
independently of county government. It is governed by three fire
commissioners who preside within 103 square miles known as the
Golden Gate Fire Rescue District and answer to the taxpayers of said
district. Says a lot in itself right there. I don't understand why you
guys are trying to circumvent around the fire districts, okay. It's not
your issue. Stay out of it.
I don't answer -- you know, I answer to them. I don't need -- I
don't need the County Commissioners to come up here and tell me
how to run my fire district. I don't come up here and tell you how to
run yours.
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May 25, 2010
You guys have ajob here to do here in the county. You need to
clean your house here and then look at maybe cleaning somebody
else's, okay. You've got a lot of issues, a lot of problems. Focus on
that. We've got our problems and we deal with it.
My taxpayers -- and I can honestly say that in ten years as a fire
commissioner, I have not had more than five people come to me and
say, Commissioner McMahon, would you consolidate the fire
districts, okay, unless they're county government or within the fire
districts themselves. Regular, everyday people -- and I'm very
accessible out there, trust me. My name is out there, I am out there,
people know me, I am liked, but yet I don't have people coming to me
and asking me to consolidate.
Mr. Lepore, I respect what he's doing, but I don't understand how
you, the County Commissioners, can take one citizen to come up in
front of you, and all of a sudden you're going to put consolidation on a
ballot, a straw vote consolidation on a ballot that has nothing of
bearing (sic) whatsoever to do with your job, that's our job.
I ask you, focus on your job and let us do ours.
Thank you. That's all I have to say.
MR. THOMAS: For the record, Fred Thomas. And understand,
I'm speaking here with my feelings of Fund 111 and the fair share of
Fund 111 that goes back to Immokalee.
You have a very diverse county, the unincorporated area's very
diverse. They need different types of tools for firing (sic) from
high-rises on the coast to rural brushfires out in my neck of the woods.
We have our fire district. We can afford our fire district. We get
our fair share back from our fire district, unlike the unfair share we get
back from Fund 111 when it comes to our roads and other issues in the
county.
And Commissioner Fiala's right, the majority of folks are on the
high-rise side as opposed to the brushfire side. Leave us alone. Leave
our fire district alone. Let us go on about the business of taking care
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of ourselves.
Thank you very much.
MR. MITCHELL: The next speaker will be Duane Billington,
followed by Eloy Ricardo.
MR. BILLINGTON: Good morning again, Commissioners. I
agree with what Commissioner Henning said, the districts were
formed by the people. They need to be dissolved by the people if the
people so choose.
Commissioner Fiala mentioned something important, that is, how
are you going to know how anybody voted? Well, if the vote is tallied
by -- according to fire district, then maybe there'll be some meaning in
this.
I don't know if I'm for or against consolidation anymore, to be
truthful with you. I think the people need to decide. That's not a
decision for me to make or anyone individual or one board.
So let's go ahead, let's have this straw vote, but let's tally it
according to district so the people of the district can rightfully have
their say.
Thank you.
MR. RICARDO: Good morning, Commissioners. My point --
COMMISSIONER FIALA: Name?
MR. RICARDO: Eloy Ricardo, 165 Willoughby, District 2
resident. Basically where I'm -- my issue more is not even a pro -- my
consolidation or whatnot consolidation (sic). My issue's about voters'
rights. It's about me having a voice in my district, voting in my
department or voting -- or having it watered down.
This straw ballot goes out. If it does, it's pretty vague. It doesn't
__ maybe the Supervisor of Elections is the one that clears it up and
makes it by district or whichever way makes it fair, but I do agree, this
district was created by legislation, created by a vote of the people.
The vote of the people needs to be heard.
And at the end, if it ends like that, that's it, it's over. I agree with
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Commissioner Coletta saying it's been a long time. But as you can see
from the people that were speaking, some of the things they own is
their fire department.
Out in Immokalee, that's their fire department. That's what they
get to vote for. That's their fire department. To come in here and start
saying that we're going to consolidate it and we're going to have a
straw ballot and everybody's going to vote or -- that doesn't make any
sense. They were created for a reason, that's why they're there. That's
the way to go about doing business.
Thank you.
MR. MITCHELL: Barry Gerenstein, followed by Rosalie
Rhodes.
MR. GERENSTEIN: Good morning, Commissioners.
COMMISSIONER FIALA: Name?
MR. GERENSTEIN: Barry Gerinstein, resident of Verona Walk.
I chair the safety committee, president of the Naples Collier
Neighborhood Watch, Inc., and I manage the CERT team in Verona
Walk.
I've had some strong dealings, strong ties with the East Naples
Fire and Rescue District recently.
On March 17, eight p.m., Verona Walk experienced a massive
water leak in an air conditioning line. Forty residents were in the
building, nobody knew what to do. They dialed 911. East Naples Fire
District came. They shut the water flow. They evacuated people out
of the building, made sure no one was injured. They shut the water
flow to the air conditioning units that nobody even knew existed.
They do an incredible job. These fire districts are custom tailored
with the proper equipment and the training for their areas.
If consolidation is to take place, it should be decided amongst the
districts themselves, not a straw poll. Roberts Rules of Parliamentary
Procedures, which is the standard, states in the unabridged version that
a straw poll or a straw ballot is meaningless and dilatory.
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May 25,2010
I don't feel it's meaningless. I think it can be extremely hurtful to
a community. It appeals to special interest groups. A certain group of
people will come out. We know 100 percent of the people do not vote
at an election.
But 49 years ago the people of East Naples decided they wanted
a fire district to serve them in an appropriate manner, and they do.
They do an amazing job, and I'm sure the other districts do an amazing
job. If consolidation is to take place and has to take place, let the fire
districts do it themselves.
I have the greatest respect for the commissioners, but I think this
is an area where the commission shouldn't touch. Let the experts.
Thank you.
MS. RHODES: Rosalie Rhodes, Winterpark, East Naples.
The fire district -- I go to the meetings every month, and I watch
how carefully and diligently they take care of the district concerning
money, activities, how the fire department is working.
We voted for them. We gave our -- we have faith in them. I, for
one, attend the meetings, so at least I'm aware of what's happening.
I don't believe that people outside our district should be making a
decision for something that is our district.
Consolidation -- and look at the big banks. Never turned out
good. Too many people lost jobs, services went down, rates
increased, and it just wasn't good. And that was people who were not
voting for themselves or voting for their district. This happens because
other people have a hand in it.
Our district runs efficiently. It runs well. We have
commissioners who are interested in and are aware of what is going on
in the department. Leaving it up to people who are scattered across the
community -- I come from an area where we were small towns, and
each town ran their fire department or their community, and that's
what this area has been doing. Unincorporated or not, we have so
many different areas.
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The fire departments, with their commissioners and managers
and their fire chiefs and the chiefs going down, have run efficiently
what they need to.
I also believe that if consolidation is to happen, it needs to
happen with the voting of each district with the other district. It's not
going to be -- my opinion is that it doesn't bode well for large corp- --
for small corporations to be eaten up into one large corporation.
There's a lot lost in the translation of what happens.
Thank you.
MR. MITCHELL: The next speaker will be Nancy Markham,
followed by Georgia Hiller.
MS. MARKHAM: Good morning, Commissioners. My name is
Nancy Markham. I'm a --I live in Lakewood, East Naples resident.
I'm also very active in the East Naples community.
I have been here since 1994. I'm a member of East Naples
Kiwanis, civic association. I support our fire department and our
Sheriffs Department.
You've heard it before, but I'll say it again. Leave us alone. Let
our residents decide. We've been in existence for 49 years. Weare
happy with them. I personally know Chief Bob -- Retired Chief Bob
Schank. He has helped me in hurricanes with my clients. I have a
small business here. I know our new chief. We are a community. We
need to decide for ourselves.
And I thank you for your time.
MS. HILLER: Georgia Hiller, candidate for County
Commission, second district.
Commissioners, the law is clear. The Board of County
Commissioners does not have jurisdiction to decide whether or not the
independent special districts should or should not consolidate.
The voice of the public is clear. They feel the same way. The
electorate should make the decision within each independent district
whether or not there should be consolidation of that district.
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This is nonsensical. It makes as little sense as if you were to put
on the ballot whether or not the school district should have block
voting as opposed to some other -- I'm sorry -- block scheduling as
opposed to some other type of scheduling structure within the public
school system.
I have a recommendation. Why doesn't the Board of County
Commissioners put on the ballot something that they have control
over, something within their jurisdiction?
I suggest that the Board of County Commissioners puts the
question of whether or not 150 million in public funds should be
invested in Jackson Labs.
Thank you for your time.
(Applause.)
MR. MITCHELL: Scott Lepore, followed by Thomas Cannon.
MR. LEPORE: My name is Scott Lepore. Chairman, I would
ask for an additional minute, if that would be possible?
CHAIRMAN COYLE: Since you're sponsoring this question, I'll
grant you an additional minute.
MR. LEPORE: Thank you, sir.
Non-consolidated fire districts lack effective mechanisms to plan
service levels and track system-wide cost, which makes it difficult to
identify more cost-effective service delivery models.
Our broad-based planning entity could oversee a more
coordinated approach for planning for fire protection and Emergency
Medical Services.
After many discussions, studies, and multiple meetings, we have
spent a small fortune of taxpayers' funds discussing fire district
consolidation, and we've never asked the public if they supported it.
We need a common-sense approach to budget savings.
Consolidation could allow the sale of vacant lands and duplicate
facilities in order to bring additional funds into a newly consolidated
Collier County metro fire and rescue department. We can develop
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more efficient and effective ways to save lives, fight fires, and
distribute capital assets.
Any problems that we face today will never be solved unless we
move towards consolidation of the fire districts. The pay disparity
alone can be resolved through attrition and union negotiation.
I want the taxpayers to save money while maintaining the same
level of service. As a fiscal conservative, I want less taxes for the
constituents, but it's time to move forward and stop spending hundreds
of thousands of dollars on studies, and it's time to gauge the will of the
people. This has been going on for 20 years, since I moved to Collier
County.
The process is simple. We have a straw ballot, we have a study,
we meet with our elected representatives in the state house, and we
have a voter referendum. Again, we need to gauge the will of the
people, and that's the purpose of government.
As a private citizen, I've served on numerous community boards
and I have been a public steward of tax dollars. Ifwe don't act now,
the county may have three or four dependent fire districts instead of
the two present fire dependent districts (sic) that you have now. Can
you imagine what the school system would be like if we had five
different school systems and superintendents, or what the Sheriffs
Department would be like if captains were paid based on the value of
the homes in the neighborhoods they protected? All firefighters' lives
are valuable, and their pay shouldn't be based on the value of the
homes that they respond to a crisis to, and that's the system that you
have now.
The present system is not sustainable based on the current tax
values in Collier County. I recommend that the voters in these
unincorporated fire districts be allowed to vote on a straw ballot
referendum. I think it's time to move forward, and it's my personal
opinion that each district should have an elected representative.
Thank you very much.
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May 25,2010
MR. CANNON: For the record, my name is Thomas Cannon. I
am chairman of the East Naples Fire Commission. I've been a public
office holder for over 25 years.
I'm a little amazed, because that is one individual who needs to
get educated on his fire service. Not once has that individual ever
approached the East Naples Fire District to find out information.
I'm trying to get the whole picture here, and I think I got it a little
bit when Commissioner Coletta said, well, maybe the county should
take it for a couple years and we'll make the cuts. I guarantee you,
Commissioner Coletta, I can cut a hell of a lot better than you can.
I know a fact (sic) where every penny from the East Naples Fire
Department goes. I study the balance sheet, I study the general ledger,
I study the audit report, and I physically sign probably 90 percent of
the checks that go out of the East Naples Fire District. I know where
to make the cuts. I've always been accused, many times, my wife will
even agree, that I'm a cheap guy.
The chiefs, the former chiefs of this department, the current chief,
will say, I will control the expenses of the East Naples Fire
Department.
But it's sort of sad, because I went back -- and I'm not afraid to
admit I'm probably in my last term, but I look back at what -- all the
good the East Naples Fire Department does for its community. The
annual toy drive. We gave over 1,500 toys to kids in the East Naples
community. The sneaker drive. Shoes, tennis shoes for the kids in the
East Naples community. The work that Gregg Spears performs on the
baby seats for the cars. That all might be gone. And you know, that
saddens me a lot.
I've been involved in all the study groups on consolidation.
Obviously people have not read the reports. Back in the late '80s the
reports came out, there was a group formed by the County
Commissioner (sic) with representatives from -- without -- throughout
the community. I represented East Naples civic group on that board.
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May 25, 2010
The results came out that consolidation does not save money.
The county didn't like that, so they brought outsiders in to study the
fire districts. They didn't like that results (sic) either. Let the
professionals decide what is best for their community. Thank you.
(Applause.)
MR. MITCHELL: Robert Metzger, followed by Jean Kungle.
MR. METZGER: Good morning, Commissioners. I'm Robert
Metzger. I'm the fire chief with the Golden Gate Fire Control and
Rescue District, although I'm not here in my official capacity as the
fire chief.
I have some experience with consolidation issues and
consolidation studies. As you know, I was one of the co-authors of
the Collier County Fire Chiefs most recent study on the consolidation
of the fire services countywide. In addition, I wrote my capstone
project for my master's degree on the consolidation of the independent
districts. I've studied consolidation histories. I've looked at numerous
consolidation efforts. There are no two that are identical. I
understand what contributes to their success and to their colossal
failures.
My belief is that you are bent on putting this before the voters,
and my issue is not to take a position on consolidation. My issue is
really to kind of reflect what Commissioner Henning alluded to. The
language you are considering right now is too plain vanilla. It opens
up the door to too much interpretation and concern, even fear, about
what your intentions are. And while you can state publicly here that
your position is not to, for example, take over the fire districts, my
belief is that you need to put that into some sort of concrete language.
Currently, this fails to identify the governing structure of the
consolidated district which is the key element of this. Popular debate
is what contains that issue. How's this going to be run? If you don't
do this, it's going to create confusion for the voters, it will allow
speculative attacks and criticism, and it, frankly, fails to serve the
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voters well by putting language in front of them that allows that very
kind of controversy.
I'm also a little concerned about why the initial proposal didn't
incorporate the two dependent county districts and/or EMS. But if
you are serious about moving this issue forward, stake out your
position, put it in plain language, and amend this language to include a
governing structure for discussion by the voters. Thank you.
COMMISSIONER COLETTA: Chief, before you go away, just
a question or two, if! may.
MR. METZGER: Yes, sir.
COMMISSIONER COLETTA: Just to clarifY it. Did your board
of director's vote at one point in time about asking something be put
on the ballot?
MR. METZGER: Yes.
COMMISSIONER COLETTA: What was the outcome of that
vote and what was the direction?
MR. METZGER: The direction from my board was to have the
fire chief pursue with the county whether or not the Golden Gate Fire
District could sponsor a straw ballot to place the question on the
ballot.
COMMISSIONER COLETTA: Okay. The next question -- and
I do appreciate, you know, your background and your vast knowledge
of the situation. And your knowledge of consolidation is -- probably
surpasses anybody in this room.
But the issue that we brought up and how we added the language
to this and how we're going forward, does that meet your
requirements?
MR. METZGER: I don't have requirements, sir. I'm here just to
put this in front of you.
COMMISSIONER COLETTA: Okay.
MR. METZGER: You need to understand that unless you clear
that up, you create maybe even a bigger problem. This is an
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opportunity for you to clear up the question once and for all.
COMMISSIONER COLETTA: I agree with you on that. And
you heard the discussion that was taking place --
MR. METZGER: I did.
COMMISSIONER COLETTA: -- about making sure it would be
an independent fire district and also include the -- maybe I'm wrong
on this -- but include the metropolitan districts too, the City of Marco
-- no, it didn't include that. But it would just be the independent ones.
Does that -- I'm sorry. Please clarify.
CHAIRMAN COYLE: The way we were discussing modifYing
this is it would include a question concerning the consolidation of the
independent and dependent fire districts in unincorporated Collier
County .
COMMISSIONER COLETTA: So that would include the
county ones, too?
CHAIRMAN COYLE: Yeah.
COMMISSIONER COLETTA: Now, in retrospect, I mean, I
think that's about what you've been talking about.
But now, you've heard the issue come up many times about how
is this data going to be used? I mean, it's more of a guidance than
anything else. Do you think it should be gauged upon by districts
rather than in the whole?
MR. METZGER: I do.
COMMISSIONER COLETTA: Okay. I don't argue with you on
that. Once again, it's a straw ballot and it can be interpreted several
different ways. I'm sure it can be broken out a dozen different ways to
be able to gauge the public sentiment.
Is there anything else you wanted to give us as far as guidance on
this?
MR. METZGER: No, I've said my piece, sir. I just think you
honestly have to give them something more substantial to chew on
rather than give them speculation to consider.
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COMMISSIONER COLETTA: Okay. Thank you, Chief.
MR. METZGER: Thank you.
CHAIRMAN COYLE: Okay, go ahead.
MS. KUNGLE: Jean Kungle, East Naples resident. Listening to
everybody talking there, there was a couple of things that came up.
As far as the dependent districts are concerned, they are under the
county now and they do cost a lot more as a taxpayer to live in those
districts.
A lot of the studies that have been initiated from the county,
there's a lot of if s in those studies and there's not enough answers.
Even the ballot has the wordings of if s in there; if it is cost effective.
I think that we need to -- the people -- I remember when they voted for
the train in the State of Florida and didn't really know what they were
voting for, and I think that this will be one of those issues where
people will read it when they're at the ballot box, and they won't know
what to do or what to say, and they'll just come up with an answer
because they won't have all the facts behind them. So we need to be
able to educate the people if we are going to put this on a straw ballot.
I'd also like to say that -- the money always comes from
somewhere, which in this case is always from the taxpayers. So
whether the EMS stays on its own or is integrated into the districts, the
districts don't become one, the cost is still going to be there.
As an alternative, you might think about privatizing the EMS or
charging more user fees, which could be a viable answer. Each fire
district is like its own business. And to consolidate is like asking
many businesses to merge.
Freedoms and latitudes are not the same in business as they are in
government, and how will the distribution of services and money
change things for the better? We've all seen what happens to East
Naples when distribution is countywide. You've got parks, medians,
housing. We never end up with any of that stuff coming back here.
It's a big county, and it's not a small town. The districts were put
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in place as they were needed during the growth. Like government, the
bigger it gets, it seems the worse it is for its citizens. Service and
accountability has always shown to be better when smaller.
In closing, I ask you to start looking at other alternatives rather
than re-opening the consolidate issue. Let them choose to merge on
their own if mutually beneficial, and I want to thank you for your
time.
MR. MITCHELL: Rita Greenberg, followed by Orly Stolts.
MS. GREENBERG: I'm going to waive mine in support of the
last speaker.
MR. MITCHELL: So Kyle Jameson will be the next one.
MR. STOL TS: Good morning, Commissioners. Orly Stolts, the
fire chief with North Naples Fire Control and Rescue District.
I'm encouraged by the discussion that you had prior to allowing
us to speak. That was one of my concerns or one of my questions for
you is, the language as it is here didn't cover whether it was going to
be independent from the county or it was going to be under the
county. So I'm encouraged by that language.
I was also encouraged somewhat by the language that Mr. Lepore
had two weeks ago when he presented this to you.
The talk two weeks ago was also independent. But his language,
as he had presented last week, talked in there about providing the
same level of service for the same amount of money or a little less.
Now, in the language that came out today here it doesn't talk
anything about the same level of service, nor did it have independent
districts. So I'm encouraged that you're talking about independent
districts.
Very interesting conversation about the independent districts
were created by the people within the district. Is this vote of a straw
ballot going to be looked at, like we had mentioned, by each
individual district? I think that's important for us in the future of
anything that may take place.
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Who is going to vote on this? I would hope we would keep it to
the people that are involved. If it's just the independent districts, it
should only be the people in the independent districts voting on it, not
the cities. And if you want to throw in the dependents, then they
should be the ones voting on it. Somebody outside of this vote
shouldn't be voting on it.
Level of service is going to be very important. Is the EMS
included in this? I don't know. I agree with Chief Metzger, I think
clarification should be very precise in this question if you're truly
looking for an answer. Or if you're just looking for an answer you
want to hear, you can keep it vague. You can throw out there
whatever you want.
I really don't feel that this is any of your business. I truly feel
that the business belongs to the independent fire districts. Each
independent fire district has a board of elected officials just like you
all are voted to be elected officials of the entire county.
This question should not come from you. It should come from
the independent fire districts or the Fire Service Steering Committee.
This is a question that should be coming forward from them, not from
you, because truly, it's none of your damn business. Thank you.
(Applause.)
MR. JAMESON: I'm Kyle Jameson. I'm -- I've been an East
Naples resident for 32 years. And I am a candidate for fire
commission in East Naples, and I support the districts making their
decisions on their own without the county, thank you.
(Applause.)
MR. MITCHELL: The next speaker will be Joe Foster, followed
by Jim Burke, who will be the last speaker.
MR. FOSTER: Good afternoon, Commissioners. Joe Foster,
North Naples resident, for the record, commissioner for district -- or
candidate for County Commission District 2.
I'm also opposed to the straw poll. I think that the language as
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May 25,2010
proposed doesn't really provide a context for the voters. And while it
is a non-binding authority, I think it could create an unreasonable
expectation in the voters that they are, in fact, giving binding
authority.
I believe that this decision should be controlled by the folks in
the districts and decided by the voters in each district. And a straw
poll countywide would put additional pressures from outside the
districts that would interfere with the district decision makers, so I
would encourage you to vote against it.
MR. BURKE: Commissioners, Jim Burke. I'm a North Naples
fire commissioner, but what I'm going to say is my opinion only, not
theirs.
I hope you all know where I stand on consolidation. I've been at
it for two years, but -- I was going to waive my time because
everything I've heard here today I've been listening to for two years.
But I'm confused. I'm really confused, and maybe you can clear me
up.
You're not here today to put together a consolidation. That's
what I came here understanding. You're here today to put together a
referendum to ask the people of the county, the five independent
districts, I hope, what their will is.
I haven't heard anything else from you that says you want to put
together a consolidation. So am I correct that that's what you're trying
to do?
COMMISSIONER COLETTA: Yes, sir.
CHAIRMAN COYLE: (Nods head.)
MR. BURKE: That's all I needed to know. Thank you.
CHAIRMAN COYLE: That was the last speaker, right?
MR. MITCHELL: That was your last speaker, sir.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: The discussion out there in the
community about consolidation is just not getting anywhere, and
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May 25,2010
without a hearing from the public, why are we even having
discussions? I mean, that's the whole purpose of this. And Mr.
Lepore, a citizen who I serve, I thought, had a great idea. It's really
going to be based upon what the citizens say. It's going to be a vote of
the residents in the unincorporated area. Supervisor of Elections
knows what district that voter lives in, so you're going to have that.
And if -- you know what, if they say no, we can drop this whole
thing about consolidation once and for all. If they say yes, then it
needs to be pursued. And they might not say yes in all the districts.
But the bottom line is, is when you keep on talking about an issue
over and over again only assuming that you have -- you're in tune with
what the people want without asking the people, it's not fair. I mean, I
-- if we can have that clarification language, will it be a dependent
district, independent district, in the municipalities, would be a voter
municipality question -- I mean an unincorporated question, then why
not?
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes. I listened very carefully to all
of the speakers. One of the speakers -- and I think it was Jean Kungle
-- said many times people go to the polls and they read it for the first
time as they're standing there. They don't even know what they're
voting for. They don't understand the ramifications of their vote.
Maybe they are having a lot of issues that they don't like on the
ballot, and so they all vote no, regardless of what it is, or vice versa, if
everything they think is a good thing on the ballot, they vote yes, and
so they vote for everything. But most of the times, they -- you know,
there's the confusion, especially with the wording of the ballot.
I have to say that the wording has now changed to a point where I
think they would understand better. But that is a problem in many
cases, especially if people have trouble understanding English a little
bit.
Let me say that what you heard here today -- you heard the
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May 25, 2010
people speaking, and you heard for -- mostly from East Naples people,
but you heard from other people as well. The independent fire
departments are our friends. We work with them. They come to our
meetings. They support their community. They know their
community.
When they see emergency calls, they know where it is and who
they're working for. We have a close working relationship with them.
The fire departments care about us. We care about them. And you
hear the passion because people want that relationship because they're
our first responders, they're they people who keep us safe, and we
don't want to lose that.
COMMISSIONER HENNING: I want to make --
COMMISSIONER FIALA: So I would say, you know, if! were
going to make -- in fact, I will. I will make a motion that I say that we
do not consider the straw ballot referendum for this fall.
(Applause.)
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: That's my motion.
(Applause.)
CHAIRMAN COYLE: Motion by Commissioner Fiala to
disapprove the straw ballot. Is there a second?
(No response.)
CHAIRMAN COYLE: Okay. The motion dies for lack of a
second.
COMMISSIONER FIALA: Gee, how unusual.
COMMISSIONER HENNING: I'll make a motion that we
accept the language to be placed on the November ballot that's on our
VIewer.
COMMISSIONER COLETTA: I second it.
CHAIRMAN COYLE: Okay. Motion by Commissioner
Henning, second by Commissioner Coletta that we include the
wording for the straw ballot as currently presented.
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May 25, 2010
Any discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signifY by saying
aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
COMMISSIONER FIALA: Oh, that's me.
CHAIRMAN COYLE: Okay. It passes 4-1.
COMMISSIONER HENNING: Are we going to take a lunch?
CHAIRMAN COYLE: I don't know. You really want to go to
lunch?
COMMISSIONER COLETTA: I got a sandwich that's got my
name on it.
CHAIRMAN COYLE: We'll be back here at 1: 18.
Chuck McMahon?
MR. McMAHON: I have nothing to say to you guys. You
know, you're circumventing yourself around the government policy,
and I am appalled again at the way you guys have handled yourselves.
CHAIRMAN COYLE: Chuck, Chuck. I want to tell you
something.
MR. McMAHON: Go ahead.
CHAIRMAN COYLE: You gave me the wrong date for the
meeting that you're having out there.
MR. McMAHON: No, no, I know. And we're not having it
anyway. I was going to call you.
(A luncheon recess was had.)
CHAIRMAN COYLE: Where are we going to go, County
Manager?
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May 25,2010
Item #12A
REQUEST FOR DIRECTION WITH RESPECT TO THE COLLIER
COUNTY INTERSECTION SAFETY ORDINANCE, IN LIGHT
OF THE RECENT PASSAGE OF HB 325, WHICH
ESTABLISHED STATEWIDE LEGISLATION REGULATING
RED LIGHT CAMERAS - MOTION TO IMMEDIATELY STOP
ISSUING CITATIONS FOR RIGHT-ON-RED TRAFFIC
VIOLATIONS; STAFF TO WORK WITH THE CURRENT
VENDOR TO IMPLEMENT MODIFICATIONS - APPROVED
MR. OCHS: We have one last item, sir, that's Item 12A on your
agenda before we get into staff and commission communications. It's
a request for direction with respect to the Collier County Intersection
Safety Ordinance in light of the recent passage of House Bill 325
which established statewide legislation regulating red light cameras.
Mr. County Attorney, it's all yours.
MR. KLATZKOW: Well, we're here for direction. As you
know, the legislature recently added a new piece of statutory
framework to Florida which authorizes local jurisdictions to institute
civil violations for going through red lights through the use of a
camera, although they did take away the right on red for all intents and
purposes.
What the statute does, however, is preempts all local legislation.
We're going to have to change our ordinance to comply with it if the
board wishes to continue the program. And the statute also makes it
unlawful to tie in the citations with payment to the vendor, which our
contract does. So we're going to have to substantially amend our
agreement with the vendor.
We're also, down the road, going to have to bid out our -- bid out
this business because there's been so many changes here. We're
probably going to wait until after FDOT changes the standards for the
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May 25,2010
cameras in order to do that.
FDOT's supposed to come up with new standards as of July 1,
2011, at which time we'll put the whole thing out to bid. So current
thinking of staff is, if you want to proceed with this, we'll go back to
the vender for a short-term contract until we get there, then bid out the
whole thing.
CHAIRMAN COYLE: Well, tell me, when does this law
become effective? I thought it became effective this July.
MR. KLATZKOW: This statute becomes effective July 1st,
however, FDOT's going to have to institute standards for the cameras.
That won't be effective for another year.
CHAIRMAN COYLE: So you mean we can continue to do
certain things?
MR. KLATZKOW: We can continue with our current cameras.
CHAIRMAN COYLE: Okay, okay. All right.
Commissioner Henning?
COMMISSIONER HENNING: Well, here we go again. Now
we have the state wanting more and more money, $70, into the general
fund, and others in the other department. It just seems like when the
people are really hurting, that certain government agencies just want
more and more. And I think the proper thing to do is just ban all red
light cameras in Collier County per the ordinance.
CHAIRMAN COYLE: Can you throw those people out?
COMMISSIONER HENNING: See what I mean?
CHAIRMAN COYLE: Oh, we've got two police officers.
Throw those two people out.
MR. MINCH: We just need your direction, sir.
CHAIRMAN COYLE: No clapping in the audience.
Norm, do you have a report for us?
MR. FEDER: Yes, just a couple of things very briefly. Norman
Feder, for the record.
First of all, the legislation provides that the state has to come up
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May 25,2010
with new standards before December 31 st of this year. Basically,
internal notes, they're talking about coming up sooner, but we'll
assume that it has to be before the end of this calendar year.
What we're recommending to you is that, first of all, we utilize
our ability to opt out within 30 days of our current contract,
acknowledging our current contract provisions are no longer relevant
relative to the new statute that will come into effect shortly.
During that 30-day period though, we'd ask that you tell us to opt
out subject to us working with the vendor and trying to come up with
something that complies with the new legislation as a stopgap until the
new standards come out, at which time we would then put it out to bid
if we're to continue the program based on through and lefts only.
The Sheriffs here to talk about why they won't pursue the right
turns relative to the change in statute that says, careful and prudent.
Although it says that in one place, I think my driver's license test will
still say I have to stop before turning right on red. So you've got a
conflict in the statutes itself right now because this one was to
augment not to supersede, so I don't know what I have there, but that's
where we stand.
And so right turn out, we're trying to work with the vendor.
They've agreed to try and work with us during that 30-day period to
come up with something that, one, will be revenue neutral such that,
since it has to be a flat fee, there's a provision it will never be more
than what we actually collect in the program proceeds, and the second
would be that we work with them and try and establish their ability to
modifY their structure and how their placement, where they get the
voltage coming off of the wire outside of the controller where they
can't do anything to control the controller unit, but it allows them to
more accurately detect and more efficiently be able to apply.
Because right now one of the problems we had when you saw the
flashing lights was wind and, to some degree, sun glare that made it
difficult for them to utilize some of the equipment.
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May 25,2010
So with that, we could come back to you, and obviously this
board would have to approve anything. So the action right now would
be to -- at least recommended action -- is to utilize our 30-day opt out
of the contract, and within that 30-day period, try to develop
something we can come back to you for this board to consider whether
or not to continue it until such time as we have the state specifications
and go out to bid.
CHAIRMAN COYLE: So if! understand you, all you're asking
us to do is to tell you whether or not we should exercise our 30-day
opt-out right under the existing contract?
MR. FEDER: In any event we would recommend that to you
because of the change in legislation. The other is, do you want us to
negotiate and bring back to you something that would be a
continuation on the through and lefts and not the right turns if we're
able to do that with the vendor and bring that to you? The vendor is
here today, as well as the Sheriff for any other -- and as well as my
traffic operations staff if you have further questions.
CHAIRMAN COYLE: Okay. Thank you very much.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. This -- the right on red, is it
eliminated completely on the 1 st of July?
MR. FEDER: It is not necessarily depending upon interpretation.
The vendor claims that other areas are still following through, that it
said careful and prudent, that they're still going to regulate right turns.
Our sheriff has, and their legal advice, has said that is too
nebulous, and they're not going to pursue it, and your staff is
recommending that we just pursue the through and the lefts if we can
work out something that makes that feasible where we're not putting
any additional money in.
And Commissioner Henning is quite correct; the state's getting a
lot of these dollars without taking any of the effort. We certainly don't
want to be paying more.
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Now, there are some side benefits, even if it becomes revenue
neutral for us, in other words, we get none of the money, which is
basically where this board went when it went to 62.50, in essence, is
that we can get good traffic count data out of this program. That's
something we want to discuss in that 30-day discussion with the
vendor, as well as, the Sheriffs Department does have videos 24/7 for
up to 30 days for incident and other management items.
COMMISSIONER FIALA: That was the long answer to my
July 1st right on red, but anyway.
MR. FEDER: July 1 st, right on red in this area we're not
recommending that we pursue.
COMMISSIONER FIALA: No. Not recommending. What I
said -- what I'm going to say is, I would never vote for it unless we
eliminate right on red as of July 1st, period. And then the second
thing is, no new cameras until we get all of our studies back. And you
know what, I don't want to hear a study about accidents and so forth
countywide. I want to know what's happening on those lights,
because I don't think that we're getting a true picture when we look at
countywide statistics rather than defining clearly what's happening at
each one of those lights.
MR. FEDER: We agree.
COMMISSIONER FIALA: The cameras, I'm sorry.
MR. FEDER: And the data we've had, which has been pretty
preliminary, has been on the specific camera locations compared to
the countywide, and you need both.
COMMISSIONER FIALA: Yeah. And I have not seen that. I
only saw countywide. And so I would say that, no new cameras until
we have a definitive study -- results of the definitive study, and that,
you said, is the end of the year.
So that's how I'm -- you know, that's -- that's where my mind is
going right now.
MR. FEDER: And if that's the direction of the board, that's fine.
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May 25,2010
COMMISSIONER FIALA: Oh, I don't know about the rest of
them. I'm just telling you what my mind is set on.
MR. FEDER: And for the board's information, we have 19
approaches right now that are under camera control. The contract was
to go up to 24. Right now we have 19.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER HENNING: Yes. Mr. Feder, I just want to
confirm now, at this point in time we're no longer enforcing the right
on red, correct?
MR. FEDER: As of July 1. Right now we are, but as of July 1
we'd be out. But if it's a board direction, as soon as we can work to
that issue --
COMMISSIONER COLETTA: Okay. Let me put the question
to the Sheriffs Department. You're no longer enforcing --
MR. MINCH: Let me clarify that. Lieutenant Harold Minch
from the Sheriffs Office on behalf of Kevin Ram- -- SheriffRambosk.
Just so you know and so everybody's clear on this, when the
legislation came out and was signed by the governor, I believe it was
the 15th -- I don't know what day the legislation has on it. But
whatever day that was when he signed it, it was clear the intent of that
legislation was to exclude all but the egregious right-hand on red.
And if you look at line 325, if you have it in front of you, that's the
paragraph we're talking about where it references right turn -- cameras
may not detect failure for stopping on a right turn on red so long as the
turn is made in a careful and prudent manner, and I have no idea what
that means.
Our legal staff and I have come up with what we think it means,
and what we think it means, if it violates somebody's right-of-way,
causes a crash, yada, yada, so that's what we've been doing. But as of
that day, we stopped and we went to the language of that verbiage,
because that's coming on July 1st, and we felt it would serve no
legitimate purpose for us to issue any more citations that didn't hug
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May 25,2010
that language.
So the Sheriffs Office, from the day that language has been
signed, has been reviewing citations in that manner. So basically there
have been no right-turn-on-red citations issued unless they have
violated somebody's right-of-way or caused a crash, obviously.
COMMISSIONER COLETTA: Well, let's kind of reconnoiter
where we've been and where we're going with this. Remember
originally the issue was people running red lights, and the accidents
were there and the anger that was out there of our citizenry, they'd
stop at a light and two or three people would continue through well
after the light turned red? They asked us to do something. The
Sheriffs Department has limited resources. They couldn't be at every
corner, every intersection, and they're very difficult to catch these
people. We even, at one point, put special little lights on top of the
traffic signals that indicated when a light turned red so you could
catch it from a different direction.
None of that really worked. Everything was out of control. So
we made an agreement with the understanding that we were going to
finally reel in this problem with right on -- with -- excuse me --
straight on through red light violations, going straight through the
intersection without stopping at an appropriate time, and everybody
was happy.
Well, 10 and behold, maybe due diligence didn't take part on -- by
ourselves and our staff, we found that the majority of violations,
something like about 85 percent, were for right-hand on red, and
everybody here was quite upset, and the public was, too. It was
accepted procedure for years for people to come to a rolling stop or to
continue past the stop bars. It had been. And it became a very, very
contentious issue.
So now we're to the point where we're not -- we're talking about
removing the right on red because of the state statutes. That may get
cleared up as time goes along and they may allow it again.
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May 25,2010
I want to tell you, at this point in time I'm not going to support
red light cameras if we are going to have cameras set up that are going
to work on the right on red. I'm just not going to do it. So I have to
have some sort of assurance that as we're going forward and the
negotiations take place with the vendor, that this is fully understood
and they're not doing a holding action 'til they can clear up the law at
some point in the future where they can go ahead and activate the
right-on-red cameras.
MR. FEDER: We're seeking your guidance in how to negotiate.
So if that is your direction, obviously that's the way --
CHAIRMAN COYLE: We haven't gotten there yet.
COMMISSIONER COLETTA: You're close to it though.
CHAIRMAN COYLE: We're still taking commissioner
comments.
Commissioner Halas?
COMMISSIONER HALAS: This is for the Sheriffs
Department. And I would like our county attorney to weigh in on this.
So is it my understanding with the legislation that has been
approved by the Governor and that -- the legislation that was approved
by the House and the Senate, that we no longer have to stop to make a
right-hand turn at traffic lights or at stop signs?
MR. MINCH: No, sir, that is not correct. What the legislation
addresses is specifically issuing a citation based upon technology, a
camera in this situation. The law remains the same, you must stop.
When faced with a steady red signal, you must stop, whether
you're going right, straight through, or turning left. That has not
changed. It has never changed. It was the same before the cameras. It
will be the same after this legislation.
And Sheriff Rambosk and I have had copious amounts of
conversation about this, and we will, again, be reinforcing the
stop-on-red campaign we had and we continue to have more, but it
will get more voluminous, and we'll go back to doing it the
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old- fashioned way when you don't stop on a right turn, because that
seems to be the direction of the legislator -- legislature.
COMMISSIONER HALAS: Well, my concern is, when a
pedestrian has the right to across through the crosswalk and someone
does not -- doesn't go along with the idea that they have to come to a
complete stop at the stop bar, isn't that a violation of the space of the
person that has the green light that can proceed, whether it's a
pedestrian, a bicyclist, or anybody that's traveling on the highway that
has been given the right by a traffic light that is green that they are
allowed to enter that space without the idea of a conflict with someone
else that's going against the law to violate that space?
MR. MINCH: That's exactly how I understand it, sir.
COMMISSIONER HALAS: Well, then I got a problem with the
people up there in Tallahassee. If we -- if their action is, we are not
going to enforce right turns on red with a camera, when -- what's the
difference if an officer is there and sees the violation? It seems to me
that I as a citizen, when I have to take your word against mine whether
I stopped or not, with a camera the evidence is pretty clear whether I
stopped or I didn't stop.
MR. MINCH: I always agree with you there, sir.
COMMISSIONER HALAS: Well, my concern is, these cameras
have been in place for over a year, and I can tell you that I haven't
gotten a ticket nor has my wife gotten a ticket because both of us went
to driver's training early on in our young lives, and it was basically
stated that, you know what, when you come to a stop sign or to a red
light, you have to stop.
And in this case, in '73 when the federal government said that, in
order to try to save energy, we'll allow right turns on red after you
stop. And that's where this law came in effect. And now everybody's
got the idea -- even with stop signs. In the morning when I travel
down Vanderbilt Drive and there's people coming out on the finger
streets or coming out of Naples Park, they don't even stop to make a
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right-hand turn. They continue on at combat speed.
And you know, I think that the Sheriff needs to really start
cracking down on these people who are violating the law and then feel
that they have the right to say that, you know, this is wrong, this is an
inconvenience, and I'm being taxed.
Well, the only reason you're being taxed is because you're
violating the law. And I can tell you that I hope that this goes to court
so that there is a clear indication of what the law is.
MR. MINCH: Well, you can rest assured that Sheriff Rambosk
is extremely concerned with the message that this sends.
COMMISSIONER HALAS: Okay.
MR. MITCHELL: And we will be stepping up our efforts in the
educational process. We'll have to go back to the old way of
enforcement. Unfortunately, it's very expensive for folks. We like this
educational method better. We did think it was working, but we feel
that that was taken away.
So we will have to play the hand we are dealt, and we will use
the technology where we can use it, and we will use deputy sheriffs
where we have to use them.
COMMISSIONER HALAS: People that abide by the law and
understand that they have to make a stop before they make a
right-hand turn or any other turn, that -- you know, if you don't abide
by the law, then you -- you're -- you're in violation of the law, and
you're also violating somebody's other space who has the right to
proceed through that intersection or that crosswalk, whatever it should
be.
And I can tell you that through the years, I've seen where --
drivers who do not pay attention to busy intersections making a
right-hand turn on red and there's been bicyclists in that crosswalk
where they almost endanger the lives of the bicyclist because they
didn't have -- didn't want to stop. They felt that they had the
right-of-way whether it was -- when it was still red, and they wouldn't
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stop at the crosswalk to proceed.
So -- you can tell where my feeling is on this thing. You violate
the law, you got to pay the penalty. If you don't violate the law -- like
I said, I've been driving since -- a year since these lights have been up,
I haven't had any infractions, and I go through most -- a lot of those
intersections are in District 2.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I have to agree with
Commissioner Coletta. When we voted on this, we voted in favor of
cameras because we cited many instances where people were pouring
through the red lights turning left, even though the red light had been
red, traffic continued to turn left.
We also cited all of the accidents that occurred, terrible accidents
killing people when people crashed a red light and drove straight on
through. Never once did we talk in that entire meeting, nor did
anybody else, about right on reds. We didn't become aware of that
until weeks later when we found that 500 tickets were issued for right
on red, and only five were issued for straight through and left.
So I go back to what I said initially. Ifwe eliminate right on red
as of July 1 st and put no new cameras in until we get our studies back,
then I will vote for it. If those aren't conditions that the other
commissioners feel are necessary, then I will vote against it. It's pretty
plain and simple.
CHAIRMAN COYLE: Okay. It seems it's pretty clear to me
that there are -- the majority of the board favors eliminating the
right-on-red infractions.
Now, Norm -- and maybe if the representative of the company
supplying the cameras could give us some indication. Is it -- excuse
me. Is it possible that we can continue our relationship and ticket only
people who are running red lights either by going straight ahead or
turning left?
Is that going to be sufficient to entice you to continue to provide
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May 25,2010
those cameras and the services without Collier County taxpayers
having to incur any chance of loss?
MR. PARKS: Thank you, Mr. Chairman, Commissioners.
Gregg Parks, A TS. Direct answer is yes.
CHAIRMAN COYLE: Okay.
MR. PARKS: We're happy to do that. We've made a substantial
investment in the county. We've enjoyed a great working relationship
over the year. And all citations are at the discretion of the county.
And I've spoken to Mr. Feder and his team and other members, and
we'll be working over the next 30 days to formulate an agreement
based on what you said, that it is a revenue neutral, self-funding
program and believe that's very feasible, and we'll bring that back to
you for your approval if that's your direction.
CHAIRMAN COYLE: Okay. Very well. Then I think -- well, I
have Commissioner Halas who wants to ask a question before I make
a suggestion as to how we can solve this problem.
MR. MITCHELL: Sir, we have two speakers as well, two public
speakers.
CHAIRMAN COYLE: The same two that were applauding
before?
MR. MITCHELL: No, sir.
CHAIRMAN COYLE: You're sure?
COMMISSIONER HALAS: I just want to put on the record that,
first of all, there was a very, very serious problem. It still exists out
there, people running red lights, whether it's on left or straight through.
In fact, there was an issue that was brought before us today, and
it basically shows that the person was traveling 48 miles an hour, and
the light was already red for a half a second, and it doesn't even look
like this person made any attempt at all to slow down or stop.
But I want to say that I'm glad that the Sheriff brought this before
us a year ago. And in that course of time, the Sheriff has cut back his
budget immensely and so, therefore, we don't have the resources that
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we once had to address traffic issues.
And this was probably the next best thing, because we've tried to
make sure that we were doing due diligence in regards to budget
restraints, and I want to applaud the Sheriff for his cutting of expenses,
and obviously it's caused a problem here where people feel that their
privacy is being infringed upon.
But if they look at, when they go to Wal-Mart, there's cameras
there, and they're there for a specific reason, to catch people who don't
pay for property, so in violation of the law. When you go to the ATM
they're taking a picture of you as you're either putting money in or
extracting money.
When you go to the supermarket, most public stores have -- also
have cameras, so -- and I don't believe it's intrusive in the private
sector. I think that it's something that's needed and warranted and I
want to thank the Sheriffs Department for bringing forth this issue a
year ago.
And I think it has made people more aware of the fact that there
are cameras at intersections. And even at the intersections where there
are no cameras, people are being more diligent in regards to respecting
the traffic laws.
MR. MINCH: Thank you, Commissioner.
CHAIRMAN COYLE: Now, if! could make a suggestion or
perhaps even a motion that we provide the staff guidance to
immediately stop issuing citations for red light -- right-on-red
infractions detected by cameras and that we ask the staff to negotiate
with the vendor a contract which will permit us to proceed with using
cameras for the enforcement of other infractions, red-light infractions.
COMMISSIONER HALAS: I'll second that.
CHAIRMAN COYLE: Okay. And there's --
COMMISSIONER HALAS: I hate to see that go away, but I
think our hands are tied.
CHAIRMAN COYLE: It's about the only way we can do it.
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COMMISSIONER HALAS: Yep.
CHAIRMAN COYLE: All right. So there's a motion and a
second, and we have two speakers.
COMMISSIONER HENNING: Sir, my light's on too when you
get a chance.
CHAIRMAN COYLE: Okay. If you want to ask now or after
the speakers.
COMMISSIONER COLETTA: I'd be happy to wait.
CHAIRMAN COYLE: Okay.
MR. MITCHELL: So the first speaker is Vincent Angiolillo.
CHAIRMAN COYLE: You ready?
MR. ANGIOLILLO: I'm ready.
Commissioners, my name's Vincent D. Angiolillo. I'm a
candidate for Sheriff of Collier County. I ran during the last election.
You remember me as the fat guy that rode the elephant down Pine
Ridge Road.
Well, weight is melting off of me because of physical problems,
so the next time you see me, I'll be about half the size.
Thank you for allowing me this opportunity.
Commissioner Halas, you just mentioned something about not
violating the law. I'm sure several times during the day when you
drive you have violated the law. You're just not aware of it.
COMMISSIONER HALAS: Sir--
MR. ANGIOLILLO: I'm sure you've violated the posted speed
limit, I'm sure you've failed to use your directional indicators.
Red-light cameras are a revenue producing move that does not
equal safety. I tried to display this. And Commissioner Coletta will
remember when we appeared before the Golden Gate forum.
People in this community don't have enough money to feed their
families or pay their mortgages. Fourteen thousand citizens are
delinquent in their taxes. I stated that. Am I correct? Absolutely.
Thousands of hard-working, honest residents of this communityn
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have lost their homes.
I stated, cameras will cause legal problems. Have they?
Absolutely. And there are more to come.
Our state representative, Tom Grady -- and you'll see in that flier
-- recently inferred that -- to his letter to the governor, there will be
more legal problems.
You were told the cameras would help stop the problem from a
law enforcement plan, and it could be labeled as safety. What you
failed to see was Kevin Rambosk's blurred vision for the future. Was
he bringing you an untraveled jungle? Yes, he was.
You're going to ride an elephant on a decision this big into a
jungle. Well, you better learn how to ride the elephant first and not
take lessons from the pooper scooper.
Let's recap your point -- your ride to this point. You set
monetary violations, then you changed them. You flip-flopped on the
times of the yellow lights. Now you've reduced them. You state
continuously this is for safety. When you voted for it, it wasn't a cash
cow. Now the state has a part of it and it is.
With Kevin Rambosk's blessings, you're letting American Traffic
Solutions rape this community of $500,000. Are we running a traffic
school here?
On April 15th, you allowed the lessening of the lights on times.
Attached is a memo in there from something that occurred in Milan,
Italy, dealing with reducing the red light times. Please read it,
Commissioners.
The laws passed. I waited. God has a strange way of removing
evil, says so right on the board behind you. The seal, In God We
Trust. Thank you, God. Then you flip-flop and signed it.
CHAIRMAN COYLE: Thank you very much, Mr. Angiolillo.
MR. ANGIOLILLO: May I have one more minute?
CHAIRMAN COYLE: No. Your three minutes are up, thank
you.
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Okay. Who's the second speaker?
MR. MITCHELL: The second speaker is Diane Ebert.
MS. EBERT: I waive.
MR. MITCHELL: That was your final speaker.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: After Vinny there, I can't -- I'm
not too sure I can remember what I wanted to ask you, but -- oh yes, I
know.
It would give me a little more comfort, and possibly it may
Commissioner Fiala and Commissioner Henning, if we also included
in that motion, request that the -- even though they're going to be
deactivated, that the right-on-red cameras be removed from the poles
as soon as practical.
CHAIRMAN COYLE: Well, what difference does it make if
you're not writing citations?
COMMISSIONER COLETTA: Well, it's just a further statement
that we're not going to reconsider it. Would you have a problem with
that?
CHAIRMAN COYLE: Well, we can't reconsider it because the
state law won't let you reconsider it.
COMMISSIONER COLETTA: But I just think it would give the
public the comfort of knowing that these cameras are coming down in
a very short order for the right-hand turns.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: Just a measure to give more
comfort to the public.
CHAIRMAN COYLE: All right. Tell me why that's not
possible.
MR. AHMAD: Mr. Chairman, Jay Ahmad, for the record. It is
not possible because it's the same camera that detects all lanes coming.
There are some approaches where we have two cameras, but most
approaches have one single camera that detects all lanes.
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COMMISSIONER HENNING: Well, what about the strobe
light?
MR. MINCH: I was going to say, I can give you some comfort
on this, I think, fairly quickly. A TS has stopped sending the Sheriffs
Office right turn on reds to review, so we've not been doing that since
the legislation was signed until we got --
CHAIRMAN COYLE: Yeah, but the question really was, are
the strobe lights still going to go off if somebody does a right turn on
red?
MR. AHMAD: It will be less if you allow them to attach to the
outside of the controller cabinet. What the strobe light detects is,
essentially when the camera is zoomed on that red arrow or -- yellow
or red arrow, sometimes if it's a bent wire or a wind, that arrow moves,
and so the camera's trying to find it, and it's detecting, I should be
seeing red or something. So that -- it goes crazy on the approach.
CHAIRMAN COYLE: No, no, no. Back up. The question was,
if somebody turns right on red without stopping after this decision
we've just been -- we've just made, will the strobe light flash?
MR. AHMAD: It's possible that the strobe light will flash
pending -- unless we do something with the technology, which we
don't allow them today. We don't allow them to attach to any of our
wires. It's a completely independent system. If you allow them to
attach that wire, it will be -- the accuracy of that detection will
improve and will be less strobe lights.
CHAIRMAN COYLE: Commissioner Henning? Why don't you
MR. AHMAD: And I was just told -- I'm sorry. Commissioner, I
was just told that they can, just for that right turn on red, deactivate
that strobe light, but for the other movements they need it.
CHAIRMAN COYLE: Okay. We're only talking about right on
red, right?
COMMISSIONER HENNING: Yeah.
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CHAIRMAN COYLE: Now, so the simple answer is --
COMMISSIONER HENNING: Yes.
CHAIRMAN COYLE: -- you'll disconnect that strobe light for
right on red; there won't be a strobe light for right on red if somebody
runs it, right?
MR. AHMAD: I was told that that's possible, yes.
CHAIRMAN COYLE: Okay. Commissioner Henning, did that
answer your question?
COMMISSIONER HENNING: That answered my question, but
I have another question.
CHAIRMAN COYLE: Okay, go ahead.
COMMISSIONER HENNING: Or maybe a comment or
question. There's still a constitutional challenge on the cameras; is
that right?
MR. KLATZKOW: There is challenges to the local ordinance
that has been passed. No one's challenged this particular statute.
COMMISSIONER HENNING: Well--
MR. KLATZKOW: I suspect somebody will.
COMMISSIONER HENNING: Is somebody -- they're
challenging -- my understanding, they were challenging the local
ordinance because it wasn't lawful.
MR. KLATZKOW: Yes.
COMMISSIONER HENNING: And they were challenging it
because it wasn't constitutional.
MR. KLATZKOW: The primary thrust -- there are many
lawsuits, but the primary thrust of these lawsuits was that the local
jurisdictions did not have the authority to do this, that this was a state
issue, and that's where some of the constitutional issues came in. I'm
not really aware -- and I could be in error -- but I'm not really aware of
-- if any of these lawsuits would touch or concern this particular
ordinance -- this particular state statute.
COMMISSIONER HENNING: Okay.
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MR. KLATZKOW: I would think that somebody's going to
challenge it as well.
COMMISSIONER HENNING: Well, again, I just see this as the
state is looking at this as a revenue generator, and I would rather
prefer that we didn't have any cameras in Collier County, but I can -- I
appreciate the legislators taking a look at the egregious (sic) of red
light -- or red turn -- right turn on red. There's too many R's in there.
So overall, I'm opposed to it, but I think this is much better than
what it was.
CHAIRMAN COYLE: Okay. Then we have a motion and we
have a second. Everybody understand what the motion was?
COMMISSIONER HENNING: Yeah.
CHAIRMAN COYLE: Okay. All in favor, please signify by
saymg 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: Motion passes unanimously.
Okay. That brings us to-
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Item 15, sir, staff and commission general
communications.
CHAIRMAN COYLE: Okay. All right. We'll start with staff.
MR. OCHS: None from me, today.
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CHAIRMAN COYLE: Good. How about the county attorney?
MR. KLATZKOW: Nothing from me, sir.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: I got two things.
CHAIRMAN COYLE: Okay, go ahead.
COMMISSIONER HENNING: Let me just pull this one up.
Here's government's, I should say federal government's, idea to fix the
oil spill in the Gulf. It's to quadruple the tax on oil. Responding to the
massive BP oil spill, Congress is getting ready to quadruple to 32
cents a gallon -- a barrel, a tax on oil use to help finance the cleanup.
Now, isn't that typical of government?
CHAIRMAN COYLE: Yeah.
COMMISSIONER HENNING: That's their solution. But a more
important issue was brought to my attention -- I'm not sure if it was
brought to the others -- but I had a visit from some folks from the
Immokalee Apartment, LLC. There are three affordable housing
apartment complexes in Collier County that are ready to be foreclosed
upon. One is Heritage Apartments in Golden Gate, Turtle Creek
Apartments in North Naples, and Arbor View Apartments in North
Naples.
These have the owners -- or the mortgage holders of that is the
Florida Housing Authority. Now, when they foreclose on this, this is
going to go to market rate.
In the past, the Board of Commissioners have approved these for
affordable housing. So when they go to market rate housing, that's a --
less affordable housing that we're going to have in Collier County;
therefore, being a need for -- in the future when the recession has
ended -- hopefully if the federal government stops taxing the hell out
of the citizens, it would happen sooner than later -- we will start
receiving more petitions for affordable housing because there's going
to be a -- less on the market.
What I would like to see, is this Board send a letter to the Florida
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Housing Authority asking them to keep these units, these apartment
complexes, affordable. That would have to be one of the conditions of
selling it. I also think it's prudent for our staff to take a look at -- I
mean, we gave them direction under the neighborhood stabilization to
buy homes for affordable homes, get them back, clean them up, put
them on the market. We need to pay attention to situations like this.
Commissioner Fiala's always concerned about more affordable in
East Naples. Here are three complexes that are not in East Naples that
are going to go away. And if it -- when they go away, what -- we're
going to have to replace them in the future, and I think it's going to be
a -- cause a problem.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: County Attorney, is there any way
that we can intervene in this to make sure that if these do go into
foreclosure, that whoever picks the properties up, that they remain in
affordable housing?
MR. KLATZKOW: I don't know. I'll have to work with staff
towards that and bring back a report to the board.
COMMISSIONER HALAS: Could you do that? I think it's very
important.
MR. KLATZKOW: Yes, sir.
CHAIRMAN COYLE: You've got three nods.
COMMISSIONER HENNING: Yeah. But most importantly,
right now we need to send a letter to Florida Housing Authority asking
them to keep it -- put it back on the market as affordable. That's--
that's the gist of bringing it back because it's -- they're under
foreclosure now. They're going to go on the market as market rate.
CHAIRMAN COYLE: What's the deadline? What time frame
do we have?
COMMISSIONER HENNING: I don't know.
CHAIRMAN COYLE: Well, can we direct staff to get --look it
up, get back to us before that time frame expires and let us know what
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our possibilities are?
COMMISSIONER HENNING: It was the housing staff that
recommended they come visit the commissioners, or maybe I just got
a visit.
CHAIRMAN COYLE: I didn't get a visit.
COMMISSIONER HENNING: No? Nobody got a visit?
COMMISSIONER COLETTA: I got a visit.
COMMISSIONER HALAS: Did you give them coffee?
COMMISSIONER COLETTA: What I would -- they're going to
do is -- and this is fine. Moving it forward now is probably even
better than waiting. They were going to come back under public
petition at the next meeting. But by all means, let's move it forward,
and we can have them here for the next meeting if we've got all the
answers.
CHAIRMAN COYLE: Yeah. We can take action at the next
meeting if we've got all the answers, okay.
COMMISSIONER HALAS: Yep.
CHAIRMAN COYLE: All right. Anything else?
COMMISSIONER HENNING: No.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: No. It's been a very interesting
meeting. Thank you.
CHAIRMAN COYLE: Good, good. Thank you very much.
And I'm going to be last today because I've promised you an
update on Jackson Labs.
So Commissioner Fiala, I'll go to you next.
COMMISSIONER FIALA: Nothing.
CHAIRMAN COYLE: And Commissioner Halas?
COMMISSIONER HALAS: Yes. I have one item that I'm very
concerned about. In the waning hours of the legislative session, the
Florida legislature passed House Bill 1271, which includes language
that raises Florida's maximum allowable truck weights.
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As you know, the allowable truck weights are 80,000 pounds,
and most of our structures, roads, and bridges, are built to that
requirement, and I believe that's a federal requirement.
With the passage of that legislation, we now are allowed to run
88,000 pounds, and that's going to cause undue wear on the roads and
on the -- especially the bridges, because they're only designed for
80,000 for a maximum weight of trucks.
And this bill is on the governor's desk waiting for his signature,
and I think that it behooves us here in Collier County to write a letter
to the governor stating that we need to have him veto this bill because
of the fact that additional weights on our roads are going to cause
undue accelerated damage to the road services and bridges.
CHAIRMAN COYLE: Okay. Do you want the Transportation
Department to give us a report on that next time?
COMMISSIONER HALAS: Well, I think we need to act right
now, because this bill is going -- is on the desk of the governor to sign,
and I'm not sure what the time frame is.
He was presented the bill on the 21st, and he's going to have to
act by June 5th.
MR. CASALANGUIDA: Commissioners--
MR. OCHS: We don't meet again 'til the 8th.
COMMISSIONER HALAS: So I think that we need to have a
letter from the chair if we've got the necessary votes from the Board of
County Commissioners here to send this letter up to the governor to
veto this bill.
CHAIRMAN COYLE: Okay. Is the Transportation Department
recommending that the bill be vetoed? Do you have substantive
reasons for doing that?
MR. CASALANGUIDA: Sir, I do. You asked -- you asked me
to continue on with a heavy haul study about six months ago, which
we're doing right now. Each equivalent single axle load, what's called
an ESAL, goes tremendously up, and it's not linear. It's exponential.
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COMMISSIONER HALAS: Exponential.
CHAIRMAN COYLE: Yeah.
MR. CASALANGUIDA: The more they load these trucks up,
the more impact they have on our roads, and we recommend that they
not exceed --
CHAIRMAN COYLE: Okay. Why don't you prepare the letter
with the supporting information --
MR. CASALANGUIDA: Sure.
CHAIRMAN COYLE: -- and give them to me? And ifthere are
three nods --
COMMISSIONER COLETTA: There, you got it.
CHAIRMAN COYLE: -- on the commission, we'll -- I'll get it
out. All right. So you get me the letter.
All right. Anything else, Commissioner Halas?
COMMISSIONER HALAS: Nope, that's it.
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: Oh, by the way -- yes, I do have
one more thing, and this is in regards to the upcoming -- in fact, I don't
want to steal any of your thunder, but this is in regards to Jackson
Labs. And I've asked Commissioner Coyle ifhe would present
basically a brief outline of what we plan to recommend in regards to
obtaining Jackson Labs and building of this campus.
And I just want to make sure that people out there in TV land
realize that this is not just for Jackson Labs. This is for the anchor
store that will be out there in this research campus that we're trying to
propose to move forward so that we can hopefully, in the not too near
distant future, start to look at bringing additional jobs and bringing in
some diversity into Collier County.
CHAIRMAN COYLE: Okay. Thank you very much.
A couple of things I would like to announce here.
COMMISSIONER COLETTA: Want me to put it on the
visualizer?
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CHAIRMAN COYLE: A constituent -- yeah, that would be
great. Can you get that on the visualizer? A constituent asked that I
announce this Memorial Day weekend picnic. It will be at Goodlette
Road. Wait a minute. We've got several of them.
Okay. We've got one for Sunday, May the 30th, from 12 until
Four p.m. at Renaissance Village, and that's at Golden Gate -- or I'm
sorry -- Goodlette Road and Third Avenue South in Naples. It's a
Purple Heart Wounded Warrior Memorial Day weekend picnic, and
two veterans of the Middle Eastern War, Staff Sergeant Jose Pequeino
and Lance Corporal John T. Doody will be present there, and they're
asking that everybody turn out.
And there's also another one also honoring the same two
wounded veterans on May the 31 st at six p.m. in Cambier Park in
downtown Naples. So I would urge you to attend those memorial
observances and show your thanks to these veterans who have
sacrificed so much to keep our country free. Now we can take that
off, if you don't mind.
Now, one other administrative issue. The Naples Zoo is
considering trying to find a way to purchase some additional property
to the north of the zoo that is likely to come available soon, and they
are working with the Trust for Public Lands who previously worked
with them to figure out a way to buy the land when it was -- other land
when it was originally offered for sale.
And they want to -- the Trust for Public Lands wants to conduct
an informal poll to determine the public's interest in acquiring that
land for the zoo. This is not a request for funding, but they merely
want to take the initial step of just making some telephone calls and to
ask the public's -- determine the public's interest in doing this, and
they feel that they would like to have our permission or approval to do
that.
And if you would like to do this, the letter I will give them will
be very, very clear in that it states that we authorize -- we have no
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May 25, 2010
problem with you conducting a poll, but our approval in no way
signifies that we are committed to providing funding for your
acquisition of this property.
So is there any objection if we merely say to them, sure, if you
want to conduct a poll, conduct a poll, but it in no way obligates us to
provide any funding whatsoever?
Okay. I mean, give me some thoughts on this.
COMMISSIONER HALAS: Well, I got my light on--
CHAIRMAN COYLE: Go ahead.
COMMISSIONER HALAS: -- I'm not going out of turn here.
But I just hope this isn't a way for the camel to get its' nose under the
tent.
And I feel that hopefully the zoo can look at this as, maybe they
can go out and have some fundraising or there will be people out in
the county area that -- if they feel that this is a very beneficial thing,
will step forward and make some donations to purchasing this
property --
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: -- prior to putting it on the ballot to
see if people want to raise their taxes for this.
CHAIRMAN COYLE: Well, there's nothing here that suggests
that there will be a ballot language.
COMMISSIONER HALAS: Okay.
CHAIRMAN COYLE: Okay. Nothing would do that.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. One of the things, when they
-- when we first went to the voters with this and we saw the proposed
zoo, it just broke my heart to see that one piece missing, because it
would have made such a complete picture. And I thought, boy, that
doesn't even go together, a nursing home and a zoo all on the same
property, really, all connected together.
CHAIRMAN COYLE: Depends on who's in the nursing home.
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May 25, 2010
COMMISSIONER FIALA: And so when I heard that this was
available, I thought, boy, I hope the zoo goes after it. So, really, I'm in
favor of moving this forward.
CHAIRMAN COYLE: Okay. And once again, it does not
include any commitment or promise to place this on the ballot or
conduct the referendum or to do anything other than just to let them
ask questions by telephone.
COMMISSIONER HALAS: Okay.
COMMISSIONER COLETTA: Why do they need our
permission?
CHAIRMAN COYLE: They do not. The Trust for Public Lands
likes to work very closely with local government entities, and they
don't want to do something that they think will step on our toes, and so
we're just saying, we don't mind if you want to collect information.
COMMISSIONER HALAS: Okay.
CHAIRMAN COYLE: Okay. Is that okay?
COMMISSIONER HALAS: Information doesn't hurt.
CHAIRMAN COYLE: That's right, that's right. Okay. Now to
the bigger issue. The Jackson Labs update. I promised publicly that I
would give updates at every one of our Board of County Commission
meetings.
Here is the current situation with respect to Jackson Labs. As
everybody knows, the money approved by the state is in the budget. It
will either be approved by Governor Crist or disapproved by Governor
Crist on Friday. And ifhe takes no action, it will pass into law, and
that means that that money is available, $50 million is available, and
another $80 million would be available subject to appropriation over
the next couple of years.
But all of that money is contingent upon the federal government
approving stimulus money transfers relating to the Medicaid Program,
because that's where the money, as you heard earlier, our lobbyist
made that clear, that this money for Jackson Labs was carved out of a
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May 25, 2010
Medicare grant that was supposed to come from the federal
government.
It mayor may not come from the federal government, and we
won't know about that until several more weeks. So we're still
uncertain if there's any money from the state or federal government,
but we believe there will be.
So in order to prepare for a determination as to whether or not
Collier County is going to be allocating any money to this project, I
have asked for the current business plan from Jackson Labs that was
approved by their board of trustees in the middle of last week, and I
expect to be getting that very soon, and that will detail their
requirements for funding and tell us when they will need funds.
Nobody's ever talked about just dropping 50 million or $130
million right up front. This has always been money that would be
payable over time, and it would be keyed to the generation of jobs and
other milestones.
And the proposed negotiation process essentially goes something
like this. There are three components. One is, we have to validate the
economic forecasts and, of course, that business plan I just mentioned
is what we will use in part to validate the economic forecast. We want
to know when the jobs are going to be created, what salaries are going
to be paid for those jobs, when Jackson Labs will be generating
revenues, when they will have philanthropic money of their own that
they can spend, and we can sort out those things.
I've also asked for letters of intent from any other organizations
such as a hospital, a teaching hospital, a university with an extension
degree course, any clinics that will be providing personalized
healthcare who will locate in the same area, and we hope to take those
letters of intent and pro forma statements from those organizations to
determine what their contribution to the economy of Collier County
would be, then we will proceed through the process of determining
whether the investment is worth what we get -- are going to get out of
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May 25, 2010
it as far as Collier County is concerned.
Then there's a parallel task which relates to the construction
project itself. That's going to be the first large payment that anybody
will have to make if we do this at all.
So we expect Jackson Labs to present their plans for their
building, present their cost estimates for the equipment and the
building, and then we will jointly talk about how that gets funded. We
would assume some of it would come from their philanthropic funds,
too. So, once again, we don't intend to be the only person spending
money here.
And then finally will be all of the legal documents which
surround this process, and what we're doing is we're using the
Burnham model up in Orlando so that we don't have to recreate the
wheel. And if we use those legal documents, the legal structures that
address issues like the ownership of the building, when it would be
transferred to Jackson Labs, at what point in the process would we be
willing to do that -- and all that sort of thing will be determined in
those legal documents.
Now, as far as determining the source of financing is concerned,
here's a timeline I have established. We need to know what the payout
requirements are, that is, how much money has to come to Jackson
Labs at what point in time in order to get things off the ground. And I
would expect to have that by the third week in June, the week before
our last Board of County Commission meeting in June so that we
would have a week to review that so that we could have a public
hearing at our Board of County Commission meeting, second meeting
in June, and that would give us a good idea of the funding
requirements.
We then have two days scheduled for budget hearings
immediately thereafter, and our meeting in July we have to fix the
millage rate. So that is the last possible date for us to make a decision
concerning source of funding because we'll have to make a decision
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May 25,2010
with respect to millage and by implication for the budget.
So now, in order to accomplish that, Commissioner Halas, as
liaison to the Productivity Committee, has asked me to work with the
Productivity Committee to see how they can help. And what we're
trying to do is find the fairest method of generating funding for this.
People have talked about utility franchise fees, people have
talked about increasing millage rates and things like that, and what I'm
trying to do is find the way that is fairest to most people. And utility
franchise rates will address only a portion of the county because the --
the incorporated portions of the county are already collecting their
own franchise fees.
So we've got to make sure that everybody who benefits from
economic diversification and having this genetics research and
personalized healthcare village in Collier County will have some
participation in helping accomplish that goal.
And so we need to look at several sources of revenue so that we
can keep the revenue impacts as low as possible on all of the people of
Collier County. And I -- my initial reaction from the estimates I've
seen is that it is a very, very manageable and insignificant change for
almost everybody, but that is still yet to be determined.
So once I can meet with the Productivity Committee, get the
benefit of their judgment concerning these things, then I'll be able to
say with some degree of certainty, probably in two to three weeks --
let's say three weeks -- which way we want to go with this, and then
we'll have a public hearing on it, and then we'll tell people what it
looks like, so all the speculation about huge tax increases will be --
will go away.
By the way, people got a 13 percent tax increase last year, and I
didn't hear a peep hardly from anybody. I opposed that tax increase,
but nobody seemed to care much.
What we're talking about with Jackson Labs is way, way, way
less than any impact like happened last year.
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May 25,2010
So in any event, that's the whole package. I will say once again,
to people who obviously do not listen, although we say it over and
over and over again, this is not about 200 jobs for Jackson Labs.
Jackson Labs has said and we have said time and time again that
nobody is going to pay $130 million for 200 jobs. End of story.
What we're doing is trying to get an anchor tenant for a
significant medical research, biomedical genetics research
organization and personalized healthcare village, which will consists
of multiple organizations all generating jobs and money for Collier
County.
So I think that probably covers just about everything that we
have going on right now. Anybody have any questions? Did I leave
anything out?
Commissioner Halas?
COMMISSIONER HALAS: I think you did a good -- very good
-- well -- very good job of explaining exactly what we're trying to
propose here, and I'm glad that you also reiterated the fact that we're
trying to construct a village and that this is the -- basically the anchor
of the -- what we're trying to accomplish out there so that young
people who are graduating from high school and go on with careers,
that we can have an enticement of having them stay in this
community, and that instead of being just a retirement community,
this is a community for young families to settle and have high-paying
jobs. And I think that's one of the important things is, we're trying to
find another way of having sustainability here in this county.
CHAIRMAN COYLE: Yeah. And one final comment I would
have primarily to an editorial, guest editorial that appeared in the
newspaper today, is that the free enterprise system will take care of
this all by itself, apparently someone who hasn't lived here very long,
because the free enterprise system has been dealing with our very
narrow economic base for over half a century, and it has not solved
the problem. We're still as limited in economic alternatives now as we
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May 25, 2010
were back in 1950.
So it's clear that that doesn't happen, and that is why the State of
Florida has put over a billion dollars in similar biomedical facilities in
other parts of the state, and they view the Jackson Labs opportunity as
an integral part of their plan to change the entire State of Florida's
economy away from its total dependence on tourism and agricultural
and construction. It is the only way Florida's economy will survive,
and it's the only way we can preserve the quality of life in our
community.
So it's worth a shot, but nobody is going to recommend spending
$130 million ifit is not justified, okay. And we won't know that until
we complete the analysis.
Commissioner Halas?
COMMISSIONER HALAS: This morning we had a great
presentation by the Arthrex Company that decided to establish itself
here in Naples, and we heard what the benefit has been to Collier
County as far as providing jobs.
And I'm sure that if we had a hospital that -- a teaching hospital
that comes onboard, I'm sure that Arthrex will probably expand their
abilities not only in North Naples, but possibly out in this campus
area, because what a better -- what a great place this would for
training new doctors worldwide that are coming into the field of
medicine.
And along with having a research area, I think this is going to be
very, very beneficial, and I think it will put Collier County on the
map. This is not going to take place overnight. This is going to take
-- over a number of years. But I think the end result will be that we
will have something that's going to be more sustainable than the
building industry and the agricultural industry. And of course, we're
not sure where the tourist industry is going to go with the problems
that we have in the Gulf today, so --
CHAIRMAN COYLE: Okay. Thank you.
Page 13 1
May 25,2010
COMMISSIONER COLETTA: Motion to adjourn.
CHAIRMAN COYLE: Okay. No more questions?
Then we have a motion to adjourn. Is there a second?
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Okay. All in favor, please signify by
saymg aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: (Absent.)
CHAIRMAN COYLE: Thank you very much. Have a good
day.
****Commissioner Henning moved, seconded by Commissioner
Coletta and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
PROPOSED SETTLEMENT PROVIDING FOR THE PARTIAL
RELEASE OF LIEN IN THE CODE ENFORCEMENT ACTION
ENTITLED COLLIER COUNTY Vs. TAT/ANA E. TANNEHILL,
CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO.
2007-050876, FOR PAYMENT OF $14,010.30, TO RELEASE
PROPERTY KNOWN AS 4544 FLUVIA AVENUE (PARCEL ID
63453440005), COLLIER COUNTY, FLORIDA - RELEASING
ONE OF THE LIENS THAT HAD BEEN PLACED ON ALL REAL
AND PERSONAL PROPERTY OWNED BY MS. TANNEHILL
FOR CODE VIOLATIONS AT 2121 41ST TERRACE SW
Page 132
May 25, 2010
Item # 16A2
RELEASE AND SA TISF ACTION OF LIEN IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS Vs. PATRICE SAVIGNANO, CODE
ENFORCEMENT BOARD CASE NO. 2004070573, RELATING
TO PROPERTY LOCATED AT 2800 COUNTY BARN ROAD,
COLLIER COUNTY, FLORIDA - WAIVING THE $115,050 IN
ACCRUED FINES FOR A 2005 CODE VIOLATION FOR
PROPERTY THAT HAS BEEN BROUGHT INTO COMPLIANCE
Item # 16A3
PROPOSED SETTLEMENT PROVIDING FOR COMPROMISE
AND RELEASE OF LIENS FOR THE CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS Vs.
DA WN AND LINZEL R. JEFFREY, CODE ENFORCEMENT CASE
NO. CESD20090003484 RELATING TO PROPERTY LOCATED
AT 3141 PINE TREE DRIVE, NAPLES, FLORIDA - FOR A
SETTLEMENT OFFER OF $7,918.43, WAIVING THE $14,370 IN
REMAINING FINES FOR FORECLOSED UPON PROPERTY
BROUGHT INTO COMPLIANCE BY FEDERAL NATIONAL
MORTGAGE ASSOCIATION
Item #16A4
PROPOSED SETTLEMENT PROVIDING FOR COMPROMISE
AND RELEASE OF LIENS IN THE CODE ENFORCEMENT
ACTION ENTITLED COLLIER COUNTY Vs. HSBS BANK USA
NATIONAL ASSOCIATION TR., CASE NUMBERS 2007010799,
CESD2008000775, AND CESD20080007891 RELATING TO
PROPERTY LOCATED AT 3160 4TH STREET NW, NAPLES,
Page 133
May 25,2010
FLORIDA - FOR A SETTLEMENT OF $1 09,294, WAIVING THE
$130,206 IN REMAINING FINES FOR FORECLOSED UPON
PROPERTY BROUGHT INTO COMPLIANCE BY HSBS BANK
Item # 16A5
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR NAPLES NISSAN - W /RELEASE OF ANY
UTILITIES PERFORMANCE SECURITY
Item #16A6
EXECUTE THE TERMINATION OF DEVELOPER
CONTRIBUTION AGREEMENT BETWEEN COLLIER COUNTY
AND LONG BAY PARTNERS, LLC AND DOCUMENT THE
SATISFACTION OF ALL DCA COMMITMENTS RELATING TO
THE DESIGN, RIGHT-OF-WAY ACQUISITION AND
CONSTRUCTION OF LIVINGSTON ROAD - FOR A 1998
AMENDED AGREEMENT ASSOCIATED WITH MEDITERRA
Item #16A7
RECORDING THE FINAL PLAT OF BAY HOUSE REPLAT
Item # 16A8
STAFF TO WORK WITH THE DEVELOPER OF COCO LAKES,
AS NECESSARY, TO COMPLETE THE PROJECT AS
PROPOSED AND ALLOW FOR THE ISSUANCE OF
CERTIFICATES OF OCCUPANCY ON HOMES WHEN
CERTAIN CONSTRUCTION MILESTONES ARE MET - AS
DETAILED IN THE EXECUTIVE SUMMARY
Page 134
May 25, 2010
Item # 16A9
RELEASE AND SATISFACTION OF LIEN IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS Vs. MAR VIN R. HOEMAN, CODE
ENFORCEMENT BOARD CASE NO. CESD20080005124,
RELATING TO PROPERTY LOCATED AT 5513 26TH AVENUE
SW, COLLIER COUNTY, FLORIDA - FOR A SETTLEMENT
OFFER OF $52,995, WAIVING THE $68,400 IN REMAINING
FINES FOR FORECLOSED UPON PROPERTY BROUGHT INTO
COMPLIANCE BY UNITED NATIONAL BANK
Item #16A10
RELEASE AND SATISFACTION OF LIEN IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS Vs. LINDA 1. HIATT, KEVIN HIATT AND
JENNIFER HIATT, CODE ENFORCEMENT SPECIAL
MAGISTRATE CASE NO. CEPM20080005772, RELATING TO
PROPERTY LOCATED AT 5021 CORONADO PARKWAY,
COLLIER COUNTY, FLORIDA - FOR A SETTLEMENT OFFER
OF $50,818, WAIVING THE $57,074.07 IN REMAINING FINES
FOR FORECLOSED UPON PROPERTY BROUGHT INTO
COMPLIANCE BY WELLS FARGO BANK. N.A.
Item #16A11
PROVIDE A PUBLIC INFORMATION AND TECHNICAL
ASSISTANCE PROGRAM TO GUIDE PROPERTY OWNERS IN
PREPARATION FOR ELEVATION CERTIFICATES AND
LETTER OF MAP AMENDMENT (LOMA) APPLICATIONS
Page 135
May 25,2010
WHEN THE NEW FEMA DIGITAL FLOOD INSURANCE RATE
MAPS (DFIRMS) ARE RELEASED AND BECOME EFFECTIVE
- NECESSARY WHEN APPLYING FOR A FLOOD INSURANCE
POLICY WITH THE SCHEDULED ADOPTION PROCESS
TENTATIVELY ENDING JULY, 2011
Item #16A12
RESOLUTION 2010-101: SUPERSEDING RESOLUTION
2001-316, IN ORDER TO AMEND THE CODE ENFORCEMENT
DIRECTOR'S AUTHORITY RELATING TO THE SETTLEMENT
OF CODE ENFORCEMENT LIENS, IN ACCORDANCE WITH
DIRECTION PROVIDED BY THE BOARD OF COUNTY
COMMISSIONERS ON MAY 11,2010 - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16A13
THE ISSUING OF A BUILDING PERMIT PRIOR TO APPROVAL
OF THE REQUISITE SITE DEVELOPMENT PLAN (SDP) TO
ALLOW FOR AN APPROXIMATE 20,000 SQUARE-FOOT
ADDITION TO THE EXISTING PRODUCE PROCESSING AND
PACKAGING FACILITY OWNED AND OPERATED BY
FLORIDA SPECIALTIES, INC. (LOCATED AT 601 EAST MAIN
STREET IN IMMOKALEE), AND ALLOWING THE ISSUANCE
OF A TEMPORARY CERTIFICATE OF OCCUPANCY (TCO)
UNTIL ALL SITE CONSTRUCTION HAS BEEN COMPLETED.
THIS EXPEDITED PROCESS WILL ALLOW FLORIDA
SPECIAL TIES, INC. TO MEET ITS CONTRACTUAL
AGREEMENTS AND TRIPLE IT'S CURRENT PRODUCTION
CAPACITY, RESULTING IN A PROJECTED MINIMUM OF 25
NEW JOBS - THE ADDITION TO THE FACILITY MUST BE
Page 136
May 25,2010
OPERATIONAL BY NOVEMBER 1,2010 TO MEET THE
SERVICE NEEDS OF CUSTOMERS WHO PURCHASE FRESH
VEGETABLES FOR WHOLESALE AND RETAIL SALE
Item #16B1
PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND
UTILITY EASEMENT (PARCEL NO. 291RDUE) WHICH IS
REQUIRED FOR THE EXPANSION OF GOLDEN GATE
BOULEVARD FROM TWO LANES TO FOUR LANES
BETWEEN WILSON AND DESOTO BOULEVARD, PROJECT
NO. 60040 (FISCAL IMP ACT: $2,985) - LOCATED ON THE
NORTH SIDE OF GOLDEN GATE BLVD., UNIT 50, TRACT 107
Item #16B2
AWARD BID #10-5408 - MITIGATION CREDITS TO
SOUTHWEST FLORIDA WETLANDS, LITTLE PINE ISLAND
MITIGATION BANK AND THE WETLANDS BANK GROUP.
PROJECTED ANNUAL EXPENDITURES: $1,000,000 - PART OF
THE PERMITTING PROCESS REQUIRED BY STATE AND
FEDERAL REGULATORY AGENCIES
Item #16B3
PURCHASE A PERPETUAL, NON-EXCLUSIVE, ROAD RIGHT-
OF - WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL
467RDUE) CONTAINING 8,250 SQUARE FEET, REQUIRED
FOR FOUR-LANING GOLDEN GATE BOULEVARD BETWEEN
WILSON BOULEVARD AND DESOTO BOULEVARD.
PROJECT NO. 60040 (FISCAL IMPACT: $5,705) - LOCATED
ALONG THE SOUTHERN PROPERTY LINE OF TRACT 18,
Page 137
May 25,2010
UNIT 78, GOLDEN GATE ESTATES
Item # 16B4
AWARD BID #10-5457 FOR PURCHASE AND INSTALLATION
OF ROLL DOWN SHUTTERS FOR COLLIER AREA TRANSIT
STATION, GOLDEN GATE COMMUNITY CENTER AND THE
IMMOKALEE SPORTS COMPLEX TO EZ LOCK SHUTTERS &
GLASS, INC., FORAN ESTIMATED $173,676 UNDERFEMA
HAZARD MITIGATION GRANT PROGRAM - FOR THE CAT
TRANSIT STATION LOCATED AT 8300 RADIO ROAD; THE
COMMUNITY CENTER AT 470 I GOLDEN GATE P ARKW A Y
AND THE SPORTS COMPLEX, LOCATED AT 505 ESCAMBIA
STREET, IMMOKALEE
Item #16B5
COLLIER METROPOLITAN PLANNING ORGANIZATIONS
(MPO) OPERATING BUDGET FOR FY 10/11, INCLUDING A
$5,000 COUNTY MATCH FOR FEDERAL HIGHWAY
ADMINISTRATION PLANNING - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16B6
CONTRACT FOR ITB #10-541 0, ROADWAY PAINT,
THERMOPLASTIC MARKINGS AND RAISED MARKERS TO
ROAD SAFE TRAFFIC SYSTEMS, INC., IN THE ESTIMATED
ANNUAL AMOUNT OF $1,500,000 - TO USE AS NEEDED BY
ALL COUNTY DEPARTMENTS
Item #16C1
Page 138
May 25, 2010
RESOLUTION 2010-102: SATISFACTIONS OF LIEN FOR SOLID
WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY
HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED
IN FULL FOR THE 1992, 1993, 1994, 1995, AND 1996 SOLID
WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENT. FISCAL IMPACT IS $118.50 TO RECORD THE
SATISFACTIONS OF LIEN - RELEASING LIENS ON FOLIO
NOS. 37160640001,01210640000,40685160008 &37220201005
Item # 16C2
WAIVE COMPETITION & AUTHORIZE TWO SOLE-SOURCE
AGREEMENTS; ONE WITH ALLEN-BRADLEY/ROCKWELL
AUTOMATION FOR ALL VARIABLE FREQUENCY DRIVES
AND PROGRAMMABLE LOGIC CONTROLLERS, AND ONE
WITH DATA FLOW SYSTEMS FOR ALL TELEMETRY
CONTROLLERS, BOTH FOR A PERIOD OF THREE YEARS -
TO MEET DEMAND FOR POTABLE AND IRRIGATION
QUALITY WATER AND TO STAY IN COMPLIANCE WITH
ALL REGULATORY REQUIREMENTS USING THE BEST
VALUE APPROACH
Item # 16C3
AWARD BID #09-5306 HOUSEHOLD HAZARDOUS WASTE
COLLECTION CONTRACTOR, TO E.Q. FLORIDA, INC. AS
THE PRIMARY CONTRACTOR AND CLEAN HARBORS
ENVIRONMENTAL SERVICES, INC. AS THE SECONDARY
CONTRACTOR IN THE AMOUNT NOT TO EXCEED $500,000
PER YEAR - FOR SERVICES INCLUDING THE COLLECTION
AND PROPER DISPOSAL OF HAZARDOUS WASTE FROM
Page 139
May 25,2010
THE HOUSEHOLD HAZARDOUS WASTE COLLECTION
CENTER AND THROUGHOUT THE COUNTY IN THE EVENT
OF AN SEVERE WEATHER RELATED EMERGENCY
Item # 16C4
BUDGET AMENDMENTS OF APPROXIMATELY $1,000,000
TO TRANSFER A MASTER PUMP STATION MECHANICAL
IMPROVEMENT PROJECT FROM THE W ASTEW A TER
CAPITAL PROJECT FUND TO THE 2006 REVENUE BOND
PROCEED FUND TO SEGREGATE THE PROJECTS FUNDED
BY THE 2006 REVENUE BOND - TO TRACK PROJECTS AND
PROVIDE ADEQUATE AND TIMELY FUNDING
Item #16D1
A SECOND LEASE MODIFICATION AGREEMENT WITH THE
CHILDREN'S MUSEUM OF NAPLES, INC. TO EXTEND A
CONSTRUCTION COMPLETION DATE TO DECEMBER 31,
2013 - FOR A NEW FACILITY LOCATED AT THE NORTH
NAPLES REGIONAL PARK
Item #16D2
RATIFY AFTER THE FACT, AN ELECTRONICALLY
SUBMITTED SENIOR CORPS RETIRED AND SENIOR
VOLUNTEER PROGRAM (RSVP) APPLICATION FOR GRANT
RENEWAL TO THE CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE, FOR CONTINUATION OF THE
COLLIER COUNTY SPONSORED RSVP PROGRAM, IF
AWARDED THIS WILL PROVIDE GRANT FUNDS IN THE
AMOUNT OF $68,152 - PLACING SENIORS IN ALMOST
Page 140
May 25, 2010
70 NON-PROFIT ORGANIZATIONS AND COUNTY AGENCIES;
IN 2010 MORE THAN 70,000 VOLUNTEER HOURS WERE
PERFORMED BY 600 SENIORS; SAVING THE COUNTY AN
ESTIMATED $1,300,000
Item #16D3
AUTHORIZE THE CHAIRMAN TO SIGN NINE (9) RELEASES
OF LIEN FOR DEFERRAL OF 100 PERCENT OF COLLIER
COUNTY IMPACT FEES FOR OWNER OCCUPIED
AFFORDABLE HOUSING DWELLING UNITS - FOR THE
FOLLOWING LOTS AND AMOUNTS: LOT 17, SECTION 33
WILKISON AND BRUNS, $5,222.98; LOT 9 BLOCK 4 NAPLES
MANOR ADDITION, $22,571.30; LOT 9 BLOCK 13 NAPLES
MANOR ADDITION, $29,641.30; LOT 18 BLOCK 6 NAPLES
MANOR ADDITION, $29,641.30; LOT 18 BLOCK 6 NAPLES
MANOR ANNEX, $22,571.30; LOT 51 BLOCK 4 NAPLES
MANOR EXTENSION, $22,571.30; LOT 16 BLOCK 14 NAPLES
MANOR LAKES, $29,641.30 & LOTS 119 & 120 LIBERTY
LANDING, $14,987.08 EACH
Item #16D4 - Withdrawn (Per Agenda Change Sheet)
A GROUND LEASE AGREEMENT FOR COMMUNICATION
TOWER WITH NEW CINGULAR WIRELESS PCS, LLC, FOR
LAND AT MAX HASSE COMMUNITY PARK FOR A FIRST
YEARS RENT INCOME OF $40,000
Item #16D5 - Moved to Item #10C (Per Agenda Change Sheet)
Item # 16D6
Page 141
May 25, 2010
BUDGET AMENDMENT RECOGNIZING $156,948.16 IN
CARRY-FORWARD REVENUE FROM FUND 116, MARCO
ISLAND AFFORDABLE HOUSING FUND, AND $50,000 IN
CONTRIBUTIONS FOR FYI 0 FROM THE CITY OF MARCO
ISLAND AS REQUIRED BY INTERLOCAL AGREEMENT - AN
AGREEMENT IN 2000 TO PROVIDE THAT IN RETURN FOR
MAKING ALL BCC AFFORDABLE HOUSING PROGRAMS
A V AILABLE TO MARCO RESIDENTS, MARCO ISLAND WILL
PAY COLLIER COUNTY AN ANNUAL AMOUNT EQUAL TO
10% OF THE ANNUAL BUILDING PERMIT FEES COLLECTED
OR $50,000, WHICHEVER IS GREATER
Item #16D7
BUDGET AMENDMENTS RECOGNIZING THE FISCAL YEAR
2010-2011 U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) ENTITLEMENT FUNDING
ALLOCATION IN THE AMOUNT OF $3,376,051- FOR THE
GRANT PERIOD JULY 1,2010 THROUGH JUNE 30, 2011 TO
FUND THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM, HOME INVESTMENT PARTNERSHIP ACT
PROGRAM AND EMERGENCY SHELTER GRANT PROGRAM
Item #16D8
STAFF TO ADVERTISE A PROPOSED ORDINANCE ENTITLED
COLLIER COUNTY PUBLIC PARKS AND BEACH ACCESS
PARKING ORDINANCE TO BE PRESENTED FOLLOWING
ADVERTISEMENT AT A LATER BOARD MEETING FOR
FINAL APPROVAL
Item # 16D9
Page 142
May 25, 2010
CHAIRMAN TO SIGN A CONTRACT AMENDMENT BETWEEN
THE AREA AGENCY ON AGING OF SOUTHWEST FLORIDA,
INC. AND COLLIER COUNTY AS IT RELATES TO THE
SCHEDULE OF ADVANCE RE-P A YMENTS AND INVOICES
UNDER THE HOME CARE FOR THE ELDERLY GRANT
PROGRAM (FISCAL IMP ACT: $0.00) - AMENDMENT #4 TO
CONTRACT HCE 203.09
Item #16DlO
CHAIRMAN TO SIGN AN AGREEMENT AND ASSOCIATED
FORMS WITH FLORIDA DEPARTMENT OF COMMUNITY
AFF AIRS TO ACCEPT COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING FOR THE DISASTER RECOVERY
PROGRAM IN THE AMOUNT OF $9,963,208 AND APPROVE A
BUDGET AMENDMENT TO ALLOCATE THE FUNDING -
FUNDING FOR FEDERALLY DECLARED 2008 NATURAL
DISASTER AREAS RECOVERING FROM TROPICAL STORM
FAY, HURRICANE GUSTAV AND HURRICANE IKE
Item #16Dll
CHAIRMAN SIGN CONTRACT AMENDMENTS BETWEEN
THE AREA AGENCY ON AGING OF SWFL, INC. & COLLIER
COUNTY EXTENDING A GRANT PERIOD NINETY DAYS,
APPROVE BUDGET AMENDMENTS TO REFLECT FUNDING
FOR FYI 0-11 STATE GENERAL REVENUE SENIORS
PROGRAMS IN THE AMOUNT OF $836,034, AND AUTHORIZE
CONTINUED PAYMENT OF GRANT EXPENDITURES (FISCAL
IMPACT: $836,034) - TO AVOID DISRUPTION IN SERVICES
UNTIL NEW AGREEMENT IS EXECUTED
Page 143
May 25,2010
Item #16El
AMENDMENT NO. 05 TO AN AGREEMENT WITH COLLIER
COUNTY'S DISTRICT SCHOOL BOARD FOR THE DRIVER
EDUCATION PROGRAM TO PROVIDE $201,800 IN FUNDING-
USED SOLELY FOR ELIGIBLE DIRECT EDUCATIONAL
PURPOSES INCLUDING COURSE MATERIALS, DRIVE
SIMULATORS AND PROGRAM INSTRUCTOR'S SALARIES
Item # 16E2
CONDUCT CONSERVATION COLLIER'S ANNUAL PUBLIC
MEETING TO UPDATE THE BOARD AND PUBLIC ON THE
PROGRAMS PAST ACTIVITIES, MAKE A PUBLIC CALL FOR
PROPOSALS FOR THE CURRENT ACQUISITION CYCLE AND
DIRECT THE COUNTY MANAGER, OR HIS DESIGNEE, TO
TRANSFER UP TO A TOTAL OF $10.3 MILLION ADDITIONAL
DOLLARS FROM THE CONSERVATION COLLIER
ACQUISITION TRUST FUND TO THE CONSERVATION
COLLIER LAND MANAGEMENT TRUST FUND IN FY20 11,
FY2012 AND FY2013 - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16Fl
REIMBURSE PELICAN BAY SERVICES DIVISION FOR
SURPLUS PROPERTY SALES FROM THE PAST THREE
YEARS AND APPROVE ALL FUTURE PROCEEDS OF
PROPERTY SOLD AT SURPLUS BE CREDITED TO THE
APPROPRIATE PELICAN BAY SERVICES DIVISION FUND -
FOR REIMBURSEMENT IN THE AMOUNT OF $6,680
Page 144
May 25,2010
Item# 16F2
PELICAN BAY SERVICES DIVISION TO HOLD A WORKSHOP
TO EXPLORE THE POSSIBILITY OF BECOMING AN
INDEPENDENT DISTRICT - WITH USE OF THE COUNTY'S
OUTSIDE LAW FIRM OF NABORS, GIBLIN & NICKERSON,
P.A. AT A SHARED COST
Item # 16F3
A LEASE PURCHASE AGREEMENT WITH ZOLL MEDICAL
CORPORATION FOR REPLACEMENT OF TWENTY-EIGHT
(28) AUTOPULSES FOR EMERGENCY MEDICAL SERVICES
IN THE AMOUNT OF $146,655.31- REPLACING ALL OF THE
MACHINES IMMEDIATELY WITH A DOWN PAYMENT OF
$15,000 PLUS SHIPPING CHARGES; $80,000 WILL BE DUE IN
OCTOBER 2010 AND THE BALANCE OF $51,655.31 IN
OCTOBER, 2011
Item #16F4
SUBMITTAL OF A FEDERAL EMERGENCY MANAGEMENT
AGENCY ASSISTANCE TO FIREFIGHTERS GRANT IN THE
AMOUNT OF $16,000 FOR THE PURCHASE OF FITNESS
EQUIPMENT FOR THE ISLES OF CAPRI FIRE RESCUE
DISTRICT AND AUTHORIZE ON-LINE SUB MITT AL OF THE
APPLICATION - REQUIRING A 5% GRANT MATCH FOR THE
DISTRICT'S FITNESS AND INJURY PREVENTION PROGRAM
Item #16F5
Page 145
May 25, 2010
CHANGE ORDER #2 ON CONTRACT #07-4169 WITH
RESEARCH DATA SERVICES, INC. FOR UP TO $25,000 IN
ADDITIONAL RESEARCH SERVICES FOR FOCUS GROUPS
AND MEASURING THE RETURN ON INVESTMENT ON
ADDITIONAL TDC MARKETING FUNDS UTILIZED IN FYI0
IN ACCORDANCE WITH THE AGREEMENT WITH COLLIER
COUNTY AND AUTHORIZE THE CHAIRMAN TO EXECUTE
THE CHANGE ORDER - PART OF THE APPROVED $1,000,000
TOURISM PROMOTION ADDITIONAL FUNDING
Item #16F6
RESOLUTION 2010-103: APPROVING BUDGET
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2009-10 ADOPTED BUDGET
Item #16G 1
EXECUTE A GRANT AGREEMENT WITH THE FLORIDA
AIRPORTS COUNCIL (F AC) IN THE AMOUNT $3,500, AND
APPROVE ALL NECESSARY BUDGET AMENDMENTS FOR A
2010 SUMMER INTERNSHIP PROGRAM FOR THE COLLIER
COUNTY AIRPORT AUTHORITY - OFFERING INTERNS
ADVANCED PRACTICAL WORKING KNOWLEDGE, AIRPORT
MANAGEMENT AWARENESS ISSUES AND HANDS-ON
OPERATIONAL EXPERIENCE WHILE PROVIDING THE
AIRPORT COLLEGE AVIATION RELATED RESOURCES
Item #16G2
CHAIRMAN TO EXECUTE A DEED OF UTILITY EASEMENT,
Page 146
May 25,2010
UTILITY F ACILITIES WARRANTY DEED AND BILL OF SALE
REQUIRED FOR MARCO ISLAND UTILITIES TO RELOCATE
A RECLAIMED WATER MAIN THAT RUNS THROUGH THE
NEW VEHICLE PARKING LOT AT THE MARCO ISLAND
EXECUTIVE AIRPORT - AT NO FISCAL IMPACT TO THE
COUNTY
Item #16G3
BOARD OF COUNTY COMMISSIONERS, ACTING AS THE
IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY
BOARD (CRA) APPROVE AN AMENDMENT TO THE
CONTRACT OF THE IMMOKALEE CRA EXECUTIVE
DIRECTOR AND AUTHORIZE THE APPOINTMENT OF PENNY
PHILLIPPI AS INTERIM EXECUTIVE DIRECTOR AIRPORT
AUTHORITY - UNTIL A NEW EXECUTIVE DIRECTOR IS
HIRED AND PROVIDING A 10% INCREASE TO MS.
PHILLIPPI'S BASE PAY DURING THE INTERIM PERIOD
Item #16Hl
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE ECONOMIC DEVELOPMENT
COUNCIL OF COLLIER COUNTY INVESTOR MEETING ON
MAY 4, 2010 AT THE NAPLES DAILY NEWS COMMUNITY
ROOM IN NAPLES, FL. $20 PAID FROM COMMISSIONER
FIALA'S TRAVEL BUDGET - AT 1100 IMMOKALEE ROAD
Item # 16H2
Page 147
May 25,2010
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE RECEPTION AND DINNER
FOR THE JACKSON LABORATORY AT HAMILTON HARBOR
YACHT CLUB ON MAY 11,2010 IN NAPLES, FL. $74.33 TO BE
P AID FROM COMMISSIONER FIALA'S TRAVEL BUDGET -
LOCATED AT 7065 HAMIL TON AVENUE, NAPLES
Item # 16H3
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 (CMA)
POLICIES AND PROCEDURES NUMBER 5350 & 5351
RELATING TO EXECUTIVE MANAGER AND EXECUTIVE
AIDE EMPLOYMENT AND AUTHORIZE THE CHAIRMAN TO
EXECUTE THE AGREEMENT AND APPROVE THE CMA
CHANGES - AS DETAILED IN THE EXECUTIVE SUMMARY
Item # 16I1
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 148
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
May 25, 2010
I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
I) Affordable Housing Commission:
Minutes of February 8, 2010; March 8, 2010.
2) Animal Services Advisorv Board:
Minutes of January 19,2010; February 16,2010.
3) Clam Bay Advisory Committee:
Minutes of November 9, 2009-1ast meeting before committee
sunsetted.
4) Historical/Archaeological Preservation Board:
Minutes of February 18,2009; February 17,2010.
5) Library Advisory Board:
Agenda of April 20, 2010.
Minutes of March 17,2010.
6) Water and Wastewater Authority:
Notice of Final Order: Resolution 2010-01 adoption of the 2010
Price Index Factor.
May 25, 2010
Item #1611
COLLIER COUNTY SHERIFF'S OFFICE APPLICATION TO THE
U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE
PROGRAMS, BULLETPROOF VEST PARTNERSHIP PROGRAM
SEEKING REIMBURSEMENT FOR FIFTY PERCENT OF COSTS
FOR 214 BULLETPROOF VESTS FOR LAW ENFORCEMENT
AND CORRECTION MEMBERS. IF AWARDED, REQUEST
AUTHORIZATION FOR COLLIER COUNTY SHERIFF'S OFFICE
TO ACCEPT THE REIMBURSEMENT GRANT, APPROVE ANY
ASSOCIATED BUDGET AMENDMENTS AND MANAGE THE
REIMBURSEMENT PROGRAM FOR THE TWO YEAR PERIOD
- REPLACED EVERY FIVE YEARS IN ACCORDANCE WITH
THE MANUFACTURER'S WARRANTY
Item # 16J2
BUDGET AMENDMENT RECOGNIZING REVENUE AND
EXPENDITURES IN SHERIFF'S FYI0 GENERAL FUND
BUDGET - RECOGNIZING $1,614,100 FOR MISCELLANEOUS
SERVICES INCLUDING SPECIAL DETAIL CONTRACTS,
DISPATCH SERVICES, SECURITY, SEXUAL PREDATOR
COLLECTIONS AND INMATE NEEDS THAT ARE NOT
FUNDED BY THE COUNTY BUT PAID WITH SERVICE FEES
Item #1613
BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD
MAY 1,2010 TO MAY 7,2010 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J4
Page 149
May 25,2010
BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD
MAY 8, 2010 THROUGH MAY 14,2010 AND FOR SUBMISSION
INTO THE OFFICIAL RECORDS OF THE BOARD
Item #16Kl - Withdrawn (Per Agenda Change Sheet)
A DRAFT ORDINANCE CREATING THE MARCO ISLAND
MUSEUM ADVISORY BOARD TO REPORT TO THE BOARD
OF COUNTY COMMISSIONERS AND TO SPECIFICALLY
REVIEW MANAGEMENT AND POLICY ISSUES PERTAINING
TO THE MARCO ISLAND MUSEUM AND TO DIRECT THE
COUNTY ATTORNEY TO ADVERTISE THE ORDINANCE FOR
APPROVAL AT A FUTURE BOARD MEETING DATE
Item #16K2
MEDIATION SETTLEMENT PRIOR TO TRIAL IN THE
LAWSUIT ENTITLED PHYLLIS ROBINSON AND EARL
ROBINSON V. SUTTON, ET AL., FILED IN THE TWENTIETH
JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,
FLORIDA, CASE NO. 09-7574-CA, FOR THE SUM OF $81,250
AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE
SETTLEMENT AGREEMENT - FOR AN ACCIDENT IN 2008
INVOLVING AN AMBULANCE AND A SHERIFF'S OFFICE
VEHICLE AT THE INTERSECTION OF KINGS WAY AND
DAVIS BOULEVARD
Item #17A
RESOLUTION 2010-104: PETITION V A-PL2009-1220, LEO F.
LASHER, REQUESTING ONE AFTER- THE-FACT VARIANCE
Page 150
May 25,2010
FOR AN EXISTING SHED THAT IS AN ACCESSORY
STRUCTURE TO A SINGLE F AMIL Y DWELLING. THE
REQUEST IS FOR A VARIANCE OF 9.4 FEET FROM THE
REQUIRED REAR YARD SETBACK OF 75 FEET AS
REQUIRED BY COLLIER COUNTY LAND DEVELOPMENT
CODE SUBSECTION 4.02.0 1 TABLE 2.1. , TO ALLOW THE
EXISTING ACCESSORY STRUCTURE TO REMAIN AT 65.6
FEET FROM THE REAR PROPERTY LINE. THE SUBJECT 2.5
ACRE PROPERTY IS LOCATED AT 265 21ST STREET SW, IN
SECTION 7, TOWNSHIP 49 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA
Item #17B
ORDINANCE 2010-21: PETITION RZ-PL2009-91O, PORT OF
THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT,
REPRESENTED BY ROBERT DUANE, AICP OF HOLE
MONTES, REQUESTING A REZONE FROM CONSERVATION
(CON) AND RESORT TOURIST (RT) ZONING DISTRICTS
WITH A CONDITIONAL USE FOR ESSENTIAL SERVICES TO
THE PUBLIC (P) ZONING DISTRICT. SUBJECT PROPERTY IS
LOCATED ON 4.848 ACRES IN SECTION 4, TOWNSHIP 52
SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA
(COMPANION: VA-PL2009-1077)
Item #17C
RESOLUTION 2010-105: PETITION V A-PL2009-1077: PORT OF
THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT,
REPRESENTED BY ROBERT DUANE, AICP OF HOLE
MONTES, IS REQUESTING THE FIVE (5) FOLLOWING
VARIANCES TO ALLOW FOR THE EXPANSION OF THE
Page 151
May 25, 2010
EXISTING WATER PLANT AND UPGRADING OF THE
WASTEWATER PLANT AT THE PORT OF THE ISLANDS
COMMUNITY IMPROVEMENT DISTRICT: 1) A VARIANCE
FROM LDC SECTION 4.02.01, TABLE 2.1, THAT REQUIRED A
50-FOOT REAR SETBACK, TO ALLOW EXISTING
STRUCTURES TO BE PLACED WITHIN 12.6 FEET OF THE
REAR PROPERTY LINE, WHICH IS A REDUCTION OF 37.4
FEET; 2) A VARIANCE FROM LDC SECTION 6.06.01, THAT
REQUIRES A 60-FOOT RIGHT-OF-WAY WIDTH, TO ALLOW A
35-FOOT WIDE RIGHT -OF- WAY WIDTH, A REDUCTION OF
25 FEET; 3) A VARIANCE FROM LDC SECTION 4.05.04,
TABLE 17; THAT REQUIRES 1 PARKING SPACE PER 500
SQUARE FEET FOR A REQUIRED 17 PARKING SPACES, TO
ALLOW ONE SPACE PER EMPLOYEE OF THE LARGEST
SHIFT WHICH WOULD BE NO LESS THAN 3 EMPLOYEES, A
REDUCTION OF 14 PARKING SPACES; 4) A VARIANCE FROM
LDC SECTIONS 4.06.02.C.4 AND 6.06.01.P.l, THAT REQUIRES
A TYPE D BUFFER ALONG THE WESTERN BOUNDARY OF
THE SHARED ACCESS ROAD, TO ELIMINATE THE BUFFER,
A REDUCTION OF THE BUFFER TO 0 FEET; AND 5) A
VARIANCE FROM LDC SECTION 4.06.02 TABLE 2.4, THAT
REQUIRES A TYPE B BUFFER ON THE PERIMETER OR
WESTERN EDGE OF THE SHARED ACCESS ROAD, A
REDUCTION TO ZERO FEET, TO ALLOW THE BUFFER
INSTEAD ON THE EASTERN EDGE OF THE SHARED ACCESS
ROAD. THE SUBJECT PROPERTY IS LOCATED ON 4.848
ACRES IN SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28
EAST, COLLIER COUNTY, FL (COMPANION: RZ-PL2009-910)
Item # 17D
Page 152
May 25,2010
ORDINANCE 2010-22: AMENDING THE COLLIER COUNTY
CONSOLIDATED IMPACT FEE ORDINANCE, WHICH IS
CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES, BY INCORPORATING DIRECTED
CHANGES TO THE IMP ACT FEE PROGRAM FOR EXISTING
COMMERCIAL REDEVELOPMENT AND PROVIDING
AMENDED PROVISIONS TO ALLOW IMPACT FEE CREDITS
TO RUN WITH THE LAND IN PERPETUITY UNTIL USED OR
TRANSFERRED
Item # 17E
RESOLUTION 2010-106: PETITION AVESMT-2009-AR-14162,
TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S
AND THE PUBLIC'S INTEREST IN A PORTION OF A 15-FOOT
WIDE DRAINAGE EASEMENT ON LOT 151 AND A PORTION
OF A 15-FOOT WIDE DRAINAGE EASEMENT ON LOT 157,
BOTH LOTS BEING PART OF A PLAT KNOWN AS LEAWOOD
LAKES AND RECORDED IN PLAT BOOK 24, PAGES 62
THROUGH 64, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, IN SECTION 6, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND MORE
SPECIFICALL Y DEPICTED AND DESCRIBED IN EXHIBIT A
Item #17F
RESOLUTION 2010-107: APPROVING BUDGET
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2009-10 ADOPTED BUDGET
Page 153
May 25,2010
*******
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:25 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
~w.~
FRED COYLE, Chairman
"'J'"
A TTES'T:.': ":.'
. . .
"'-~'..-
. ~IGHTldli~~f CLERK
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t,..." .'
These miny(es approved by the Board on CO I 'L 1./ 'Lo, (? , as presented
J or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 154