BCC Minutes 06/08/2010 R
June 8, 2010
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, June 8, 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 (Absent)
Torn Henning
ALSO PRESENT:
Leo Ochs, County Manager
Jeffrey A. Klatzkow, County Attorney
Ian Mitchell, Executive Manager to the BCC
Mike Sheffield, Assistant to the County Manager
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
June 8, 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 PRESENT A TION 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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June 8, 2010
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO P ARTICIP A TE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE 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. Pastor Michael Smith - New Hope Ministries
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. May II, 20 I 0 - BCClRegular Meeting
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1) Robert DeCamp, Parks and Recreation
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June 8, 2010
2) Daniel Rodriguez, Solid Waste
3) Glenda Smith, Growth Management Planning and Regulation
B. 30 Year Attendees
1) Ron Jamro, Museum
C. 35 Year Attendees
1) Murdo Smith, Parks and Recreation
4. PROCLAMATIONS
A. Proclamation designating June 19,2010 as Collier County's NAACP Branch
#511 Ts I st Annual Juneteenth Family Day Celebration. To be accepted by
NAACP State President Ms. Adora Nweze, Harold Weeks, Rhonda
Cummings, Tamika Seaton, Dianna Perryman and Laurel Paster. Sponsored
by Commissioner Coyle.
B. Proclamation congratulating Calusa Park, Golden Terrace, Lake Park and
Lely Elementary Schools for their participation in the schools' "Giver"
Program. To be accepted by Karen Conley, President and CEO, Charity for
Change, and guests. Sponsored by Commissioner Henning.
C. Proclamation designating June 19,2010 as World Refugee Day. To be
accepted by Armando Galella, Director, Catholic Charities District 3 and
Sharon Kirkpatrick, Education Director, Catholic Charities of Collier
County. Sponsored by Commissioner Coletta.
5. PRESENTATIONS
6. PUBLIC PETITIONS
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
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June 8, 2010
8. ADVERTISED PUBLIC HEARINGS
9. BOARD OF COUNTY COMMISSIONERS
A. Report to the Board of County Commissioners on the Property Assessed
Clean Energy (PACE) initiative. (Commissioner Coletta)
B. To discuss revised utilities Ordinance 2008-32, Section 4, Resolution 2009-
224 regarding adding meters on building fire lines and the effect this will
have on the industry. (Commissioner Henning)
C. Appointment of member to the Ochopee Fire Control District Advisory
Committee.
D. Appointment of members to the Hispanic Affairs Advisory Board.
10. COUNTY MANAGER'S REPORT
A. Recommendation to accept staff's two year report and recommendations
regarding the County's local vendor preference policy. (Steve Carnell,
Purchasing Director)
B. Recommendation to approve a Developer Agreement between Corradi
Airport Inc. and Collier County to fund the design, advertising, public
meetings, permitting and construction of phased intersection improvements
at Orange Blossom Drive and Airport Road. (Nick Casalanguida, Deputy
Administrator, Growth Management Division)
C. Recommendation to authorize a budget amendment to reallocate funds in the
amount of $2,000,000 from Reserves to the South Reverse Osmosis Raw
Water Wellfield Pipeline Repair Project, Project Number 70030. (Jim
DeLony, Public Utilities Administrator)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
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June 8, 2010
A. A report in response to the Board's direction at its March 9, 2010, meeting
regarding the regulation of companies providing vehicle immobilization
services in Collier County and a request for direction with respect to
amending Ordinance No. 08-47, as amended, and the maximum vehicle
immobilization rate established by Resolution No. 2009-271.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to approve final acceptance of the water utility
facility for Cameron Commons.
2) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Leawood Lakes with the
roadway and drainage improvements being privately maintained.
3) 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 Ave Maria Unit 9, Parcel 105
Lots 11-18, Lots 29-40 Replat.
4) 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
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June 8, 2010
to approve for recording the final plat of Ave Maria Unit 11, Del
Webb at Ave Maria, Parcels 106,110,112,113 & 115.
5) Recommendation to award Bid # 1 0-5424, Records Management
Services to Vital Records Control, LLC for an estimated annual
expenditure not to exceed $90,000 for the storage and retrieval of
Building and Land Development Services Department records.
6) Recommendation to approve the purchase of a road right-of-way,
drainage and utility easement (Parcel No. 169RDUE) 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: $2,900.
7) Recommendation to provide after the fact approval for the submittal
ofa Wetlands Reserve Enhancement Program grant application to the
United States Department of Agriculture for a Griffin Road Storm
Water Improvement Project.
8) Recommendation to approve changes done to the Drug Free
Workplace Policy in the Personnel Manual for the employees of
Collier Area Transit in order to comply with Florida Transit
Administration's regulations.
9) Recommendation to purchase a parcel of land and to approve the
declaration of a public right-of-way. Project No. 60018. (Fiscal
Impact: $527)
10) Recommendation to approve and execute the 2010/2011
Transportation Disadvantaged Trip & Equipment Grant Agreement
FM #20724618401/2072463840 I and a Resolution authorizing its
Chairman to execute the agreement for a total project cost of
$652,703.
11) Recommendation to accept a Quitclaim Deed from the South Florida
Water Management District in order to provide legal access to the
public road network for the benefit of the owners of properties located
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June 8, 2010
along Lakeshore Drive, south of the subdivision of Lake Trafford
Shores in Immokalee. (Fiscal Impact: None.)
12) Recommendation to approve and submit the attached Program of
Projects for grant applications for the Federal Transit Administration
Sections 5307 FY 10 and 5309 FY 09/1 0 available grant funds.
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES
1) Recommendation to approve a budget amendment in the amount of
$900,000 transferring funds from the Mandatory Trash Collection
Fund Reserves to the District I FY 1 0 Operating Expense Budget to
pay for disposal costs of residential curbside solid waste at the Collier
County Landfill.
D. PUBLIC SERVICES
1) Recommendation to approve a budget amendment in the amount of
$14,175.09 to recognize revenue and appropriate expenditures from
the collection of co-payments and contributions from the Collier
County Services for Seniors program. Total fiscal impact $14,175.09.
2) Recommendation to approve Annual Reports for years 2005 through
2009 to the Florida Department of Highway Safety Motor Vehicles
for the Choose Life Specialty License Plate and authorize the
Chairman to sign, and approve a budget amendment to recognize
revenue in the amount of$79,561.45 as proceeds from the sale of
Choose Life Specialty License Plates.
3) Recommendation to award Invitation to Bid (ITB) #10-5412 for
Veterinary Medical Supplies and Equipment to seven providers:
Alliance Medical, Inc. (dba Allmed), Butler Animal Health Supply
LLC (dba Butler Schein Animal Health Supply), Merritt Vet Supplies,
MWI Veterinary Supply, School Health Corporation, TW Medical
Veterinary Supply, and Webster Veterinary Supply, Inc. in no
particular order. Estimated annual expenses are $75,000.
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June 8, 2010
4) Recommendation to approve grant related expenditures in excess of
$50,000 under the Disaster Recovery Initiative program to fund
substantial rehabilitation activities for a single family residential
dwelling unit. Funding will ensure correction of current Code
Enforcement violations, compliance with Collier County building
code regulations, grantor agency requirements and further the goals
and objectives of the Housing Element ofthe Growth Management
Plan.
5) Recommendation to award Invitation to Bid (ITB) #10-5438R
Purchase and Delivery of Ultrasound System to Phillips Healthcare in
the amount of $74,720, which includes annual maintenance fees for
four years after the one year warranty.
6) Recommendation to approve and authorize the Chairman to sign five
(5) lien agreements for deferral of 100% of Collier County impact
fees for owner occupied affordable housing dwelling units located in
Collier County. Approval of this item will transfer previously
approved deferral agreements from developer to owner occupants
with a continuing fiscal impact of $75,576.30.
7) Recommendation to award Bid # I 0-5480 to Kelly Brothers, Inc., for
the construction contract of the Bayview Park Phase I Project
#80060.1 in the amount of$337,959.
8) 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.
9) Recommendation to approve and authorize the Chairman to sign a
letter encouraging Florida Housing Finance Corporation to maintain
the affordability of rental apartment developments following
foreclosure sales initiated by the Corporation and to accept a report of
options available to Collier County to maintain the affordability of
rental apartment developments that may be the subject of future
foreclosure proceedings.
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June 8, 2010
10) Recommendation to approve a Second Amendment to Lease
Agreement with Naples Zoo, Inc. to modify the lease boundaries
recognizing a land swap which changes the leased property from
43.52 to 44.1 acres plus/minus.
E. ADMINISTRATIVE SERVICES
1) Recommendation for award ofRFP #10-5477 Arbitrage Rebate
Requirements for Collier County to PFM Asset Management LLC in
an estimated annual amount of $50,000.
2) Recommendation to authorize a budget amendment to recognize and
appropriate an insurance refund in the amount of $77 ,900. (Project
#52525)
3) Recommendation to accept reports and ratify staff-approved change
orders and changes to work orders.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to authorize the Chairman to execute a Florida
Department of Environmental Protection Agency and Army Corps of
Engineers joint permit application to continue maintenance activities
in the Clam Bay system on behalf of the Pelican Bay Services
Division.
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2009-10 Adopted Budget.
3) Recommendation to approve Collier County's participation in the
Florida Department of Revenues tax amnesty program for Local
Option Tourist Development Tax Collection.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
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June 8, 2010
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the 8th Annual Paradise Coast Tourism Awards Luncheon at
the Naples Beach Hotel on May 13,2010 in Naples, FL. $30 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 Lunch with the Chief - Marco Police Foundation at the
Island Country Club on Marco Island, FL on May 19,2010. $22 to be
paid from Commissioner Fiala's travel budget.
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the East Naples Civic Association Monthly Luncheon on
May 20, 2010 at Hamilton Harbor Yacht Club in Naples, FL. $18 to
be paid from Commissioner Fiala's travel budget.
4) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Economic Development Council Post Legislative
Delegation Luncheon on June 9, 2010 at The Club at the Strand in
Naples, FL. $25 to be paid from Commissioner Fiala's travel budget.
5) Proclamation designating June 13,2010 through June 19,2010 as
Mote Marine Laboratory Week. To be mailed to Angela Miller, Mote
Marine Laboratory. Sponsored by Commissioner Coyle.
6) Proclamations being presented to Calusa Park, Lely Elementary, Lake
Park Elementary and Golden Terrace Elementary for their "Star
Givers" program. Being presented to Karen Conley after BCC
approval. Sponsored by Commissioner Henning.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
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June 8, 2010
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation that the Board of County Commissioners approve
for submission the State Revenue Sharing Application for the fiscal
year FY 2010-2011 and to obtain approval for the Chairman to sign
the application.
2) Recommendation to provide after the fact approval for the designation
of the Sheriff as the official applicant and point of contact for the U.S.
Department of Justice, Office of Justice Programs, Bureau of Justice
Assistance FYI0 Human Trafficking Task Force continuation grant,
authorize the electronic submission of the application, accept the grant
when awarded, and approve associated budget amendments.
3) Recommendation that the Board of County Commissioners serve as
the local coordinating unit of government for the Florida Department
of Law Enforcement's Federal Fiscal Year 2010 Edward Byrne
Memorial, Justice Assistance Grant (JAG) Countywide Program and
authorize the Chairman to execute the Certification of Participation,
designate the Sheriff as the official applicant, Sheriff's office staff as
grant financial and program managers, approve the grant application
when completed, and authorize acceptance of awards and associated
budget amendments.
4) To obtain Board approval for disbursements for the period of May 15,
2010 through May 21, 2010 and for submission into the official
records of the Board.
5) To obtain Board approval for disbursements for the period of May 22,
2010 through May 28, 2010 and for submission into the official
records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to approve the mediation settlement prior to trial in
the lawsuit entitled Madeline Buonomo v. Collier County, Florida,
filed in the Twentieth Judicial Circuit in and for Collier County,
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June 8, 2010
Florida, for the sum of$52,500 and authorize the Chairman to execute
the Settlement Agreement.
2) Recommendation to approve a Stipulated Final Judgment in the
amount of $130,000 for Parcel 804 in the lawsuit styled Collier
County v. Myrtle Cove, Inc., et a!., Case No. 07-5038-CA (Lely Area
Storm water Improvement Project No. 51101.1) (Fiscal Impact
$74,250)
3) Recommendation to approve a settlement prior to Court-ordered
mediation in the lawsuit entitled Douglas Belanger, Sr. as parent and
natural guardian of Douglas Belanger, Jr., a Minor v. Collier County
Board of Commissioners, filed in the Twentieth Judicial Circuit in and
for Collier County, Florida, for the sum of$8,000 and authorize the
Chairman to execute the Settlement Agreement.
4) Recommendation to approve a Stipulated Final Judgment in the
amount of$501,000 for Parcels 126FEE and I 26TCE in the lawsuit
styled Collier County v. Alexander Christou, Inc., et a!., Case No. 07-
4923-CA (Santa Barbara Boulevard Extension Project No. 60091)
(Fiscal Impact $152,874.13).
5) Authorize the County Attorney to advertise an ordinance for future
Board consideration which would authorize and regulate the use of
traffic infraction detectors consistent with recent passage ofHB 325,
which established statewide legislation regulating red light cameras,
known as the Mark Wandall Traffic Safety Act.
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
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June 8, 2010
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.
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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June 8, 2010
June 8, 2010
CHAIRMAN COYLE: Do we have a county manager?
Somebody did tell him we were having a meeting today, didn't he
(sic)?
MR. SHEFFIELD: There is a meeting, and you do have a live
mike.
CHAIRMAN COYLE: Okay. Thank you very much.
Would you all please stand for the invocation to be provided by
Pastor Michael Smith of New Hope Ministries, please.
PASTOR SMITH: Thank you, Commissioners. Ladies and
gentlemen, will you bow your heads with me in prayer this morning.
Dear God and Heavenly Father, we thank you, Lord, first of all
for the freedoms that we have in this country. We do not take them
lightly. We thank you for our City of Naples and our County of
Collier.
Father, we ask for increased prosperity in this county. We ask
for increased employment for the hurting families. We thank you for
our commissioners. We ask for individual health and well-being for
each and every one of them.
We ask that your grace be with us this morning through this
meeting. We ask, Lord God, for divine guidance and direction and
wisdom in the decisions that will need to be made here today.
And Father, we give you all praise, all glory. In Jesus name, your
son, amen.
CHAIRMAN COYLE: Would you please join us in the Pledge
of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN COYLE: Thank you.
Good morning, Leo. How are you today?
MR. OCHS: Well, good morning, sir. How are you?
Item #2A
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June 8, 2010
TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES
CHAIRMAN COYLE: I'm doing fine, thank you. You have
some changes for the agenda for us today?
MR. OCHS: Yes, sir, I do. Commissioners, good morning.
These are agenda changes, Board of County Commissioners' meeting
for June 8, 2010.
First change is a correction to Item 12A. There was an additional
word inserted inadvertently in the last sentence of the executive
summary, and we are removing the word operate from that sentence,
and that change is made at Commissioner Fiala's request. We thank
her for finding that.
Next change is to withdraw Item 16A8. That's a
recommendation to approve changes to the drug-free workplace policy
in the personnel manual for the employees of the Collier Area Transit
in order to comply with Florida Transit Administration Regulations.
That withdraw is at the staffs request. That will be back at the next
meeting for your consideration.
And the last change is to move Item 16F1 to Item lOD, and that
is a recommendation to authorize the chairman to execute a Florida
Department of Environmental Protection Agency and Army Corps of
Engineers joint permit application to continue maintenance activities
in the Clam Bay system on behalf of the Pelican Bay Services
Division, and that item was moved at Commissioner Henning's
request.
And one agenda note this morning, and that is that the June 2,
2010, BCC/LDC meeting is continued to today at a one p.m. time
certain.
Those are all the changes I have, Mr. Chairman.
CHAIRMAN COYLE: Okay. Thank you very much, County
Manager.
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June 8, 2010
County Attorney?
MR. KLATZKOW: No changes, sir.
CHAIRMAN COYLE: Okay, thank you.
And we'll start with ex parte disclosure and any changes by
commissioners. We'll start with Commissioner Fiala.
COMMISSIONER FIALA: Yes. I have no changes or additions
to the agenda and no ex parte items.
CHAIRMAN COYLE: And I have no changes to the agenda,
and I have no ex parte items for either the consent or the summary
agenda.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, good morning, Chair.
CHAIRMAN COYLE: Good morning.
COMMISSIONER COLETTA: I have no changes to the agenda
and nothing to declare under ex parte.
CHAIRMAN COYLE: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Good morning. I have no
changes, no further changes -- well, possibly. Talking to the county
manager on the item that I was concerned about on the consent
agenda, there was -- there's a CAC meeting, what I -- it appeared to be
the same item. If I'm wrong, we can just put that back on the consent
agenda.
MR. OCHS: Okay. And we're verifying that right now, sir. I
think they're two separate, but unrelated, items. They're not the same
item. And we'll -- if we can verify that --
COMMISSIONER HENNING: Sure.
MR. OCHS: -- in just a moment, we can make that change for
you.
COMMISSIONER HENNING: Or we have can approve it later
on.
And I have no ex parte communication on today's consent or
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June 8, 2010
summary .
CHAIRMAN COYLE: Okay. We're at the point of approving
the agenda, so we better approve -- pull it as suggested by
Commissioner Henning, and then we can approve it later --
MR. OCHS: Yes, please. Yes, sir.
CHAIRMAN COYLE: -- the item later on, okay.
MR. OCHS: Yes.
COMMISSIONER HENNING: Move to approve the agenda as
amended.
COMMISSIONER COLETTA: (No verbal response.)
CHAIRMAN COYLE: Okay. Motion by Commissioner
Henning to approve the agenda as amended, seconded by
Commissioner Coletta.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: The motion passes unanimously.
Page 5
Agenda Changes
Board of County Commissioners Meeting
June 8, 2010
Item 12A: Please note the following change to the Executive Summary, the word operate
should be omitted: "Although the Board could direct the creation of a separate application
and license for companies wishing to sperate provide booting services in Collier County,
because companies that only boot do not tow, remove or store vehicles, there may not be a
reasonable nexus to require those companies to be held to the same requirements as a
towing company." (Commissioner Fiala's request)
Withdraw Item 16A8: Recommendation to approve changes done to the Drug Free
Workplace Policy in the Personnel Manual for the employees of Collier Area Transit in order
to comply with Florida Transit Administrations regulations. (Staff's request)
Move Item 16F1 to Item 100: Recommendation to authorize the Chairman to execute a
Florida Department of Environmental Protection Agency and Army Corps of Engineers joint
permit application to continue maintenance activities in the Clam Bay system on behalf of the
Pelican Bay Services Division. (Commissioner Henning's request)
Note:
The June 2, 2010 BCC/LDC Meeting has been continued to 1:00 today (June 8, 2010)
6/8/20108:42 AM
June 8, 2010
Item #2B
MINUTES FROM THE MAY 11, 2010 BCC/REGULAR MEETING
- APPROVED AS PRESENTED
CHAIRMAN COYLE: Next will be the approval of the BCC
regular minute -- meeting minutes for May the 11th, 2010.
COMMISSIONER HENNING: Move to approve.
CHAIRMAN COYLE: Motion to approve by Commissioner
Henning.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Second by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: 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 #3A
EMPLOYEE SERVICE AWARDS: 20 YEAR ATTENDEES -
PRESENTED
MR. OCHS: Commissioners, that takes us to Item 3 on the
agenda. That's employee service awards. If the commission will join
us in front of the dais, please.
Commissioners, we'll begin this morning with our 20-year
service award recipients. Our first 20-year recipient is Robert
DeCamp from Parks and Recreation.
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June 8, 2010
COMMISSIONER COLETTA: Congratulations.
MR. DeCAMP: Thank you very much.
COMMISSIONER HENNING: Congratulations.
CHAIRMAN COYLE: Stand there and get a picture.
All right, thanks.
(Applause.)
MR. OCHS: Commissioners, our next 20-year recipient is Dan
Rodriguez from your Solid Waste Department.
(Applause.)
COMMISSIONER HENNING: You're doing a great job.
MR. RODRIGUEZ: Thank you.
CHAIRMAN COYLE: Congratulations. Thank you.
MR. RODRIGUEZ: All right. Thank you very much.
(Applause.)
MR. OCHS: Your final 20-year service awardee is Glenda Smith
from Growth Management Planning and Regulation.
(Applause.)
CHAIRMAN COYLE: Thank you very much for your service.
COMMISSIONER FIALA: Thank you.
COMMISSIONER HENNING: Thanks for your service.
COMMISSIONER COLETTA: You're way too young to have
20 years in.
(Applause.)
MR. OCHS: Glenda, congratulations.
MS. SMITH: Thank you.
Item #3B
EMPLOYEE SERVICE AWARDS: 30 YEAR ATTENDEES -
PRESENTED
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June 8, 2010
MR. OCHS: Commissioners, that takes us to our 30-year service
award recipients. We have one this morning, and that is Ron Jarnro
from our Museum Department.
(Applause.)
COMMISSIONER HENNING: Congratulations.
CHAIRMAN COYLE: Congratulations.
MR. JAMRO: Oh, thanks for keeping me around all these years.
(Applause.)
CHAIRMAN COYLE: This one has a different time on it.
Item #3C
EMPLOYEE SERVICE AWARDS: 35 YEAR ATTENDEES -
PRESENTED
MR. OCHS: Commissioners, that takes us to our final service
award this morning. It's really a special award. A man who needs no
introduction here at the county government center, 35 years of
dedicated service to the county, Murdo Smith from Parks and
Recreation.
(Applause.)
MR. SMITH: Thank you all for corning. Thank you,
Commissioners, for 35 great years. You've been very supportive.
County Manager, Mr. Ochs -- Marla's back there somewhere, I think
-- Marla Ramsey for all her support. Barry's here. And I couldn't
have been here 35 years without the great people I worked with, and I
wish them all the success in the future, okay.
(Applause.)
MR. OCHS: Thank you, Commissioners. That concludes our
service awards this morning.
Page 8
June 8, 2010
Item #4A
PROCLAMATION DESIGNATING JUNE 19,2010 AS COLLIER
COUNTY'S NAACP BRANCH #5117'S 1 ST ANNUAL
JUNETEENTH FAMILY DAY CELEBRATION. ACCEPTED BY
NAACP STATE PRESIDENT MS. ADORA NWEZE, HAROLD
WEEKS, RHONDA CUMMINGS, T AMIKA SEATON, DIANNA
PERRYMAN AND LAUREL PASTER. SPONSORED BY
COMMISSIONER COYLE - ADOPTED
MR OCHS: Commissioners, that moves us on to Item 4 on your
agenda, proclamations. Item 4A is a proclamation designating June
19,2010, as Collier County's NAACP Branch Number 511Ts first
annual Juneteenth Family Day Celebration.
This award to be accepted by Harold Weeks, Rhonda Cummings,
Tamika Seaton, Dianna Perryman, and Laurel Paster, and this item
sponsored by Commissioner Coyle.
Please corne up.
(Applause.)
CHAIRMAN COYLE: Good morning. How are you? Hi,
Harold. How you doing?
MR. WEEKS: I'm the rose.
CHAIRMAN COYLE: Now you're going to have to do that
again after we make the presentation. Usually we take the picture with
him holding the presentation.
I'm going to read this one for you today. Okay.
Whereas, Juneteenth is a celebration of humanity and conveys
the message that freedom is the basic fundamental right of one and all;
and,
Whereas, celebrated on June the 19th as Freedom Day, or
Emancipation Day, it commemorates the declaration of the
abolishment of slavery in Texas and has special significance for
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June 8, 2010
African Americans across the United States; and,
Whereas, the celebration will commence at 11 a.m., Saturday,
June the 19th, 2010, at Sugden Regional Park, 4284 Avalon Drive,
Naples, Florida; and,
Whereas, the Collier County NAACP, National Association for
the Advancement of Colored People, Branch Number 5117, will be
conducting their first annual Juneteenth Family Day Celebration; and,
Whereas, this year's theme is Embracing our Past, Empowering
our Future, and will be a family day and much more; and,
Whereas, NAACP Branch Number 5117 is progressive and
committed to advocating civil rights of all individuals in the
community with a vision to educate, promote, and remember our
history and celebrate diversity which brings us together as a
community.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that June 19,2010, be
designated as Collier County's NAACP Branch Number 5177's first
annual Juneteenth Family Day Celebration.
Done and ordered this 8th day of June, 2010, Board of County
Commissioners, Collier County, Florida, Fred Coyle, Chairman.
Board members, I would like to make a motion that we accept
this proclamation.
COMMISSIONER FIALA: Second.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: The proclamation is accepted
unanimously, and I will present it to you, and you will get your picture
taken again.
(Applause.)
CHAIRMAN COYLE: Thank you.
(Applause.)
MR. OCHS: Thanks, buddy. Congratulations.
MR. WEEKS: I know everybody's waiting for me to say
Page 10
June 8, 2010
something. I just wanted to thank the commissioners, one and all, for
not only this proclamation, but for all the other proclamations we have
received. Thanks again. You do a yeoman job, and we appreciate
everything that you do for us.
Juneteenth is a day of celebration. It's a day of freedom not only
for people of color, but for all people, regards of who they are. We're
trying to bring the community together on this day. That's why we're
inviting everybody to Sugden Park on June 19th to celebrate what we
call Juneteenth.
The Juneteenth just happens to be -- it's called Juneteenth
because it's that weekend, whatever day that Saturday falls on, 16th,
17th, 18th, but the announcement that the slaves of Texas were free
carne on June 19th. Now, it happened to corne two years after the
Emancipation Proclamation. It carne in 1863 when the union troops
arrived at Galveston to announce to 250,000 slaves of Texas that they
were free. They didn't realize they had been free for two years, so it
was a cause for celebration. Well, that celebration spread to other
states and other areas of the country.
I wasn't aware that there are a lot of folks here in Naples that
aren't aware of June -- Juneteenth, but we're here to bring it to them,
and hopefully they'll bring their families out and have a great day.
Ms. Seaton, she's the head of the chair, will tell you all the events
that she has planned for you and our partners in this brand new idea
that we have for all of you here, not only in Naples, but in Collier
County.
Thank you.
Ms. Seaton?
MS. SEATON: Hello. Thank you so much for having us today
and sponsoring the proclamation.
As part of our Juneteenth celebration, we would start the
ceremony with reading the Emancipation Proclamation. We would
have HIV screening, other health screening. The East Naples Fire
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June 8, 2010
District will be there, as well as the Collier County Sheriffs Office,
encouraging kids to stay off drugs, and there will be a number of other
activities that will be fun for the whole family. So we hope that
everyone comes out, because everyone is welcome.
Thank you so much for this opportunity.
(Applause.)
CHAIRMAN COYLE: Thank you.
MR. WEEKS: One more thing. I wish Murdo hadn't have left,
but he's been a great help to us and all the Parks and Recreation people
that have partnered with us in this. We really wouldn't have been able
to do it without them. There again, we thank everybody very, very
much.
CHAIRMAN COYLE: Thank you, Harold.
(Applause.)
Item #4 Band #4C
PROCLAMATIONS - ONE MOTION TAKEN TO ADOPT BOTH
PROCLAMATIONS
Item #4 B
PROCLAMATION CONGRATULATING CALUSA PARK,
GOLDEN TERRACE, LAKE PARK AND LEL Y ELEMENTARY
SCHOOLS FOR THEIR PARTICIPATION IN THE SCHOOLS'
"GIVER" PROGRAM. ACCEPTED BY KAREN CONLEY,
PRESIDENT AND CEO, CHARITY FOR CHANGE, AND
GUESTS. SPONSORED BY COMMISSIONER HENNING -
ADOPTED
MR. OCHS: Commissioners, Item 4 is a proclamation
congratulating Calusa Park, Golden Terrace, Lake Park, and Lely
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June 8, 2010
Elementary Schools for their participation in the schools' "Giver"
program. To be accepted Karen Conley, President and CEO, Charity
for Change, and her guests, and this item is sponsored by
Commissioner Henning.
Please corne forward.
(Applause.)
CHAIRMAN COYLE: Bring your guests with you, too.
You'll get a chance to say something if you'd like afterwards.
COMMISSIONER FIALA: Nice to see you again.
CHAIRMAN COYLE: Thank you very much.
We'll approve the proclamation after they're all finished. Go
ahead.
MS. CONLEY: Thank you, Commissioners. We are so honored
to be here today with a very special group of schools.
These four schools have done an amazing job this year by
participating in the Charity for Change program. They've raised over
$15,000 for charities in this community this year, as well as learned
about being good citizens and building character through this program.
And so we're honored to be recognized here today with -- these
students and these very special schools have gone way above and
beyond being good citizens and future leaders of this county.
We appreciate the recognition. Thank you very much.
(Applause.)
CHAIRMAN COYLE: Thank you.
Item #4C
PROCLAMATION DESIGNATING JUNE 19,2010 AS WORLD
REFUGEE DAY. ACCEPTED BY ARMANDO GALELLA,
DIRECTOR, CATHOLIC CHARITIES DISTRICT 3 AND
SHARON KIRKPATRICK, EDUCATION DIRECTOR,
Page 13
June 8, 2010
CATHOLIC CHARITIES OF COLLIER COUNTY. SPONSORED
BY COMMISSIONER COLETTA - ADOPTED
MR. OCHS: Commissioners, Item 4C is a proclamation
designating June 19,2010, as World Refugee Day. To be accepted by
Armando Galella, Director, Catholic Charities, District 3, and Sharon
Kirkpatrick, Education Director, Catholic Charity of Collier County.
This item is sponsored by Commissioner Coletta.
CHAIRMAN COYLE: Yes. And I'd like to add Evelyn Prieto to
that. She's my aide, and she played a very active part in this
proclamation.
MR. OCHS: Yes, by all means.
COMMISSIONER COLETTA: Would you please corne up
front?
(Applause.)
MR. OCHS: Congratulations, sir.
COMMISSIONER FIALA: Motion to approve the
proclamations.
CHAIRMAN COYLE: Okay. Motion to approve the
proclamations.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: There's a second by Commissioner
Coletta.
MR.OCHS: I'm sorry, you have --
CHAIRMAN COYLE: Okay. We're going to approve them all
right now and then let you speak since a motion was made.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It is passed unanimously. Thank you
Page 14
June 8, 2010
very much.
Go ahead.
MR. GALELLA: Thank you, Chairman. Thank you members of
the commission and managers of Collier County.
And the only unfortunate thing is that we're having the same
festivity as you guys the same day. So perhaps they can corne to
Sugden and Golden Gate Community Center and enjoy what will be
also a wonderful occasion, which is the induction of some of our
newest citizens to America.
World Refugee Day is important to Catholic Charities, as it is to
everyone in this country, because as we all know, despite what you
may have heard, this is the greatest country in the world, and we are a
beacon of hope, light, enthusiasm, and encouragement for all people.
And for some who don't understand, the fact of the matter is, is
that there is -- there are political refugees who attempt to corne to the
United States every day because of what they experience in their
homelands, and World Refugee Day is being honor- -- is an honor for
not just America, but for all people to understand the beauty of this
country and what it means to become a legal American citizen. So
thank you very much.
CHAIRMAN COYLE: Thank you.
(Applause.)
Item #9 A
REPORT ON THE PROPERTY ASSESSED CLEAN ENERGY
(PACE) INITIATIVE - MOTION DIRECTING STAFF TO
EXPLORE THE PROGRAM AND TO RETURN WITH A
DETAILED REPORT ON FEASIBILITY OF COUNTY
PARTICIPATION IN THE PACE INITIATIVE - APPROVED
MR. OCHS: Commissioners, that takes us to Item 9 on your
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June 8, 2010
agenda this morning. It's Board of County Commissioners.
Item 9A is a report to the Board of County Commissioners on the
Property Assessed Clean Energy initiative. This item was placed on
the agenda by Commissioner Coletta.
COMMISSIONER COLETTA: Yes. And as you may recall,
there's been the -- Steve Hart's been before us several different times
leading towards this initiative.
They have held a workshop within these chambers back about a
month ago and involved the public in it. There's a lot of community
involvement in this, including the Chamber of Commerce and the
CBIA, to mention a couple.
Steve has put considerable amount of time and effort into this,
and for that, I'm very appreciative, and he'll be making the
presentation today.
MR. MITCHELL: Sir, we also have three speakers.
COMMISSIONER COLETTA: Thank you. Go ahead, Steve.
MR. HART: Thank you very much, Commissioner Coletta, and
thank you, Mr. Chairman and Commissioners.
This is -- boy, this is just a joyous and happy day so far, isn't it,
between Juneteenth and International Refugee Day. There's just some
wonderful things going on in our community. And I am -- I am happy
to stand here today and bring you some even -- just as good, better
news, an opportunity for county government to make significant,
significant improvements to our community.
You will recall back in December Commissioner Coletta asked
us to form a task force to look at the possibility of a community-wide
project that would create jobs and, number two, create jobs retrofitting
older homes and buildings to make them more energy efficient, reduce
our energy use, reduce our property owners' utility costs. All win-win.
We were so happy then almost immediately to learn, and quite
fortuitously to learn, that the Florida Legislature was, indeed, walking
down the same path to create a brand new Florida version of PACE
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June 8, 2010
initiative. PACE -- if you'll look up on the screens, PACE is an
acronym that stands for Property Assessed Clean Energy. It is a
concept, a very innovative concept, been hailed as one of the most
innovative governmental concepts in many years that is, frankly,
sweeping the country.
And the Florida Legislation is a great improvement on projects
that have taken place across the country.
If somebody could tell me how to move this slide show along.
What's the next -- do you click it?
MR. OCHS: You've got to sing.
MR. HART: I got to sing. Oh, very good.
P ACE Florida, Property Assessed Clean Energy. The Florida
Legislature passed the PACE initiative in the final hours, actually, of
this past legislative session. It was signed into law by the governor on
May 28th.
This is a project that will, in Collier County, as in all other
counties that choose to participate across the state -- it's going to
create jobs -- it's going to create hundreds of jobs. It's going to save
property owners' money. It's going to reduce our energy use.
Tell me again how to -- why don't you do that. That would be
great. Thank you, Len.
I want to tell you first off that Commissioner -- before we go any
further, Commissioner Coletta and county staff, people like Len and
Jeff, have been very, very cooperative up to this point, and what we're
going to be asking you for is some more cooperation to move it on
down the road.
What PACE is, is you can think of it really as a secured home
improvement project. The Florida Legislature enables local
governments to develop a pool of funds from which property owners
can borrow to make energy improvements to the -- energy saving
improvements to their home as -- buildings, commercial buildings as
well, as well as hurricane hardening improvements to their homes and
Page 17
June 8, 2010
buildings.
These loans are then repaid over 20 years as an assessment on the
annual property tax bill. It operates much like your basic municipal
improvement project, such as a sewer improvement project, except
that in this case it is completely voluntary on the part of the property
owners.
Property owners corne in, enroll in the program, get certified, get
a loan, make whatever energy efficient improvements to their homes
they wish. They can retrofit doors and windows. They can install
solar panels, wind turbines, any -- solar water heaters, any number of
projects to their homes and buildings that will then lower their well
utility costs.
That loan then goes on to the county roles as an assessment,
much like a municipal improvement district, and the assessment then
runs with the property over 20 years and is repaid in small increments
as a part of the annual property tax bill.
The good news is, it doesn't cost taxpayers any money; it doesn't
put the county further in debt; it doesn't cost property owners any
money because the energy efficient improvements will more than pay
the cost of the initial loan in a very short order.
And so what we're asking you to do today -- and by the way, the
task force has been -- as we've been developing this, we've been
working closely with Collier Building Industry Association, with the
Greater Naples Chamber of Commerce, the Economic Development
Council, all endorse it. League of Women Voters participated in our
last meeting. This is gathering great support. It is a win-win for
everyone. It's a win-win for the -- for Collier County. It's a win-win
for the County Commission. It's a win-win for our property owners.
There are just no downsides that anyone can see.
So what we're asking you today is to give us further direction to
go and work with your staff to corne back to you probably in
September with a fully developed project, including the financial
Page 18
June 8, 2010
arrangements, including the implementation of it, and move forward.
This is a great opportunity to quicken the pace of job creation in
our community, it's a great opportunity to increase the pace of energy
reduction, energy savings, lower utility bills, and helping us wean
ourselves off of foreign oil.
And I'm available for any questions now that you might have.
We have some other speakers that want to corne up and talk to you
about it, too.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: Mr. Hart, you realize that we're
doing exactly what you're asking us to do today through the housing
department?
MR. HART: Yes, sir, but that's with -- that's with foreclosed
homes, isn't it?
COMMISSIONER HENNING: It's--
MR. HART: You'll remember--
COMMISSIONER HENNING: No. It's not for --
MR. HART: You'll remember --
COMMISSIONER HENNING: -- foreclosed homes, to answer
your question. No, it's not. Now, you're saying this is not going to
cost the taxpayers anything?
MR. HART: That's correct.
COMMISSIONER HENNING: You're saying it's not going to
cost the owners anything?
MR. HART: That's correct, in the long-run.
COMMISSIONER HENNING: Where is the funding going to
corne from?
MR. HART: I'm sorry. Where is --
COMMISSIONER HENNING: Where is the funding going to
corne from?
MR. HART: The Florida Legi- -- let me back up just a little bit.
PACE initiatives around the country have traditionally gone out to
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June 8, 2010
bond sales to raise money for the pool of funds from which property
owners can borrow. The Florida Legislature in its wisdom sees an
improvement in that procedure in that it allows local governments to
seek what they call interim third-party financing, a bank or a group of
banks.
And I believe your financial advisor is here to speak to the more
technical parts of that. We've been in conversation with him, as has
your county finance team. But it allows local governments to seek an
interim third-party financier, a bank, a coalition of banks, that would
then give local governments a pool of money, a credit line, if you will;
you can think of it that way. And then as property owners corne
onboard with the program and more property owners and the
assessments get up to the level -- at which point then it can go out to a
bond sale.
COMMISSIONER HENNING: And who's the responsible party
for these bonds?
MR. HART: And I'm going -- if the financial advisor is here, he
may want to speak to that more directly, or your county finance
director. I think that's one of the things that we're going to be
seriously looking at and taking a serious study on between now and
when we return to you in September with a proj ect design.
MR. ISACKSON: Good morning, Commissioners. Mark
Isackson with the budget office.
PFM, our financial consultant, specifically Sergio Masvidal, has
a number of clients in the state that he's been working with since this
legislation has been developed through the course of the legislature,
and he can provide us with a little bit more information, I think, on the
wherewithal of this PACE program, at least as he knows it from the
financial side.
Sergio?
MR. MASVIDAL: Thank you, Mark.
Commissioners, again, Sergio Masvidal, Public Financial
Page 20
June 8, 2010
Management.
I believe your question, Commissioner, was, who secures the
loans? Is that basically the question?
COMMISSIONER HENNING: (Nods head.)
MR. MASVIDAL: The loans serve as similar to any special
assessment you would have for a sewer system or a road
improvement. The loans are put on specific houses, so properties, by
the property appraiser, special assessment on your tax bill. So the
homeowner is the ultimate security for the loan.
COMMISSIONER HENNING: Are these to the properties that
receive the benefit, or is it all properties?
MR. MASVIDAL: It's the property that receives the benefit, so
it's an opt-in -- voluntary opt-in, as opposed to a sewer road project
where you say, this stretch of road needs to be improved, and these
homes on this stretch --
COMMISSIONER HENNING: Is there a secondary secure
(sic)?
MR. MASVIDAL: That's a good question. And in Florida, just
to be clear, no program -- while PACE is developing in several
counties, no program has been established yet, so there has not been
any financing put in place to this point.
There's been discussion, and really it varies county by county on
what the administration and what the policymakers' will is, but there
can be a backstop pledge from the counties if that's the will. That
would reduce the interest rate a little bit. But certainly, similar to how
you do special assessments, it can be done on a standalone basis just
with the property owners.
COMMISSIONER HENNING: Thank you.
CHAIRMAN COYLE: I have a lot of questions about how this
would be administered, who would administer it, who would cover the
administration costs, particularly those associated with the county
government, and who deals with defaults on these loans and what
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June 8, 2010
exposure we have. Now is not the time to do that.
You have not really given us a specific proposal.
MR. HART: Correct.
CHAIRMAN COYLE: So we can't react to anything. You've
asked for guidance to proceed to develop a specific proposal.
MR. HART: That's correct.
CHAIRMAN COYLE: And I certainly wouldn't have any
problem giving you that guidance with the caveat that it is not to
interfere in our staffs work toward getting a budget and doing the very
serious financial things we've got to do for the rest of this fiscal year.
So Commissioner Coletta, would you like to make that motion
that we give them guidance to proceed with staff based on the staff
availability?
MR. MITCHELL: Sir, we have three speakers.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: Well, why don't we wait 'til the
speakers take place.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: But I like the direction you're
going. And of course, we don't want to burden staff with any undue
process. But this task force has reached the limits of what they can
personally do, and we need staffs intervention now to be able to go
through the rest of the discovery process.
If we could hear the speakers first, then I'll make that motion.
MR. HART: And let me just add to that, if I could,
Commissioner Coletta, is the good news here is that among the task
force we have some of the best and brightest minds. CBIA has been
working with us all along, and the task force itself and individuals
there will go a long way in helping develop this, just as we are a
citizen initiative. We'll continue to do that and do a lot of the work
ourselves in the couple -- next couple of months.
CHAIRMAN COYLE: Okay. Thank you very much.
Page 22
June 8, 2010
Call the first speaker.
MR. MITCHELL: Sir, your first speaker is David Aldrich, and
he'll be followed by Michele Klinowski.
MR. ALDRICH: Good morning, Commissioners. David
Aldrich, Collier Building Industry Association.
I don't want to reiterate what's been said. We think -- see this as a
win-win. Obviously from -- anything to create jobs in the private
sector.
The biggest caveat that we would have, we do not want this to
have an impact on taxpayer dollars, clearly. That would be the
underlying -- my underlying basis on that. Lastly, you don't want to
take time from staff to get the budget completed; I agree with that.
If -- this is a win-win from the environment, this is a win-win for
our local jobs to try to get some more activity in our sector, which is
desperately needed right now.
So we have been able to participate in this task force, and it -- we
see this as a great model. If it does work going forward, not costing
taxpayers money, creating more jobs, this may be a model for us to
look at for other opportunities in this county.
Thank you.
CHAIRMAN COYLE: Thank you very much, David.
MS. KLINOWSKI: Good morning, Commissioners, Michele
Klinowski speaking on behalf of the Greater Naples Chamber of
Commerce.
The PACE program will enable our local businesses and
residents to reduce energy costs, at the same time, putting folks back
to work at no cost to the taxpayers. We encourage you to dedicate
staff time to help investigate this further.
Thank you.
CHAIRMAN COYLE: Thank you.
MR. MITCHELL: The next speaker is Cloe Walterfield.
MS. WATERFIELD: Good morning, Commissioners. Cloe
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June 8, 2010
Waterfield. I have a company called 2050, and I've been participating
with Commissioner Coletta and Mr. Steve Hart on the task force
effort. And I want to speak and encourage you to support dedicating
some staff time here at the county to really focus on this initiative.
I want to just let everyone know this morning that today's World
Oceans Day, and we're on day 50 now of an unprecedented event in
the Gulf with the oil leak, partly because of our dependence on fossil
fuels. I want to remind you this morning that about 90 percent of our
power in Collier County in 2007 was derived from fossil fuels.
F or the State of Florida in the year 2007, only 2 percent of our
energy, our electric consumption, was from renewable energy, 2
percent, and this is the sunshine state.
These are important numbers. We have sunshine. We have
wind. What we don't have is the regulatory framework in place to
create a market that moves renewable energy forward. And the PACE
project, the PACE program, is a really important piece in the puzzle,
because the issue as we all know is, it's just too expensive, simply.
To put PV panels, photovoltaic panels on your home, which
could power, in many instances, about half of your horne's electric
consumption, is about $30,000. There are some tax credits available,
but the State of Florida ran out of money for rebates. So homeowners
are stumped.
Even if you want to move forward and move towards clean
energy, it's just too much money. This is an opportunity, at little effort,
little cost from the county, to really help homeowners move forward
and to really set the stage here in our county for a much cleaner and
more prosperous future.
Thank you.
MR. MITCHELL: That was your last speaker.
CHAIRMAN COYLE: Okay. Thank you very much.
Commissioner Coletta?
COMMISSIONER COLETTA: Go with Commissioner Fiala
Page 24
June 8, 2010
first.
CHAIRMAN COYLE: Okay. All right. Commissioner Fiala.
COMMISSIONER FIALA: Steve, could you tell me what types
of improvements to the home, just generally, you're talking about.
MR. HART: The only requirement in the legislation is that the
improvement be attached to the structure. So we can -- we're talking
anywhere from simply retrofitting your doors and windows, making
them tighter, or in this case now because it's Florida, making them
harder, put hurricane doors and windows in. It can go anywhere from
that to solar water heater, solar panels on the roof, wind turbines, if
you can. It can be any number -- it can be as simple as redoing your
roof. You know, we lose a lot of energy just through our roof,
particularly with a lot of our 1960s and '70s homes. And just even
more insulation and redoing your roof reduces a lot of energy waste.
And so it -- what we'll be developing, I'm sure, over the corning
months, is a menu of improvements homeowners can make. We'll
look to contractors to help us with that, and then homeowners can
select based on their circumstances, their wishes, their budget, what
they would like to do. You know, at this point, any reduction in
energy use that creates a job is moving forward.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. And the reason I brought
this before the commission is, I'm very conscious of the fact that task
forces are working outside of the purview of the commissioners, and
this has been going on for a little while, and it's involved a minimal
amount of staff.
I don't feel it's right for any commissioner to occupy too much of
staffs time without the rest of the commission being briefed on what's
taking place and to receive their permission to be able to proceed. So
that's mainly why we're here today.
The next step that we need to go through involves all sorts of
discovery as far as how this loan structure would be put together, how
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June 8, 2010
it would work. We -- what I'm asking for is staff time to be able to
work on this to be able to prepare an official report to corne back to
you hopefully in September, but if staff time is pressed, maybe
possibly in October.
And I'm also asking for this commission to give us permission to,
on our website, to be able to put in basic information on what the
PACE program is, similar to what you've seen here today, and also to
allow us to be able to have on the web site a place for people to be able
to preregister if this program does become viable, just to be able to
start to gauge the public interest in it as to what exactly their interests
would be.
We don't want to go down that road of putting something all
together and finding out that there's minimal public interest.
CHAIRMAN COYLE: Okay. Is that a motion?
COMMISSIONER COLETTA: That's a motion, sir.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: My only concern about putting
it on the website, you build expectations, and it might not happen.
COMMISSIONER COLETTA: That's absolutely correct. But
once again, it's -- it would be put in there in a context that you know
it's under study; we're going forward. If you have an interest in this
particular program as outlined above, which may be different than
what we actually have of a final project, please register here. It just
gives us a way to gauge it.
South Florida Regional Planning Council recently did something
similar when they carne up with a program for retrofitting homes with
certain energy saving devices, and they ran a preregistration on there.
Well, as it comes to be, they didn't get the funding. Somebody else
did. But at that point in time, they were trying to build up enough of a
clientele to make sure it was a viable program.
It's purely a suggestion. I'm open to any suggestion this
commission has.
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June 8, 2010
COMMISSIONER HENNING: I would be happy to leave it off
the web site until we -- the board decides whether to be a participant in
this program so we don't build expectations like what failed in the
Regional Planning Council.
MR. HART: Commissioner, as we move forward to design the
program itself, we're going to be, at the same time, conducting quite a
public relations campaign to educate people about what this is and to
generate interest in it and property owner interest in it, and we'll be
developing a website to gauge public interest. And it's all part and
parcel of the same thing.
CHAIRMAN COYLE: If I could just add a few comments to
that. We're constantly plagued by reports that the County
Commission is doing this or they're doing that based upon incomplete
information, and then we spend a lot of our time trying to correct the
record. Once it appears in the newspaper about staff studying
something, it somehow gets translated into action by the Board of
County Commissioners.
So I fully support Commissioner Henning's concern that we be
careful about what we do until we have enough information for the
public to judge it. I think you need to corne up with a plan, and when
you corne up with a plan and we endorse it or approve it, that's the
time to begin the public relations program.
You start doing this too far in advance, you get way out in front
of the decision curve, and it creates more consternation and potential
disappointment, and it just isn't a good way to proceed, in my opinion.
And we've been burned by that on numerous occasions in the past.
COMMISSIONER COLETTA: Well, let me give you a comfort
level, and I'll remove that part from my motion --
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: -- and just ask for the staff to be
able to corne back with its findings --
CHAIRMAN COYLE: Okay.
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June 8, 2010
COMMISSIONER COLETTA: -- as soon as they have enough
time to be able to put it together, hopefully in September.
CHAIRMAN COYLE: Okay.
MR. HART: And should anyone ask, you can tell them this is a
citizen initiative that is corning before you.
COMMISSIONER COLETTA: That would be absolutely
correct.
CHAIRMAN COYLE: And -- but they need to know what the
citizen initiative is and they need to know which citizens initiated it.
MR. HART: Okay.
CHAIRMAN COYLE: Right? So there's a lot to be said.
MR. HART: Point well taken.
CHAIRMAN COYLE: Okay.
MR. HART: Thank you, Mr. Chairman.
CHAIRMAN COYLE: Thank you very much. We have a
motion on the floor to provide guidance for you to proceed with the
staff, subject to availability of the staff, and bring back to us a more
complete and detailed report that we can, perhaps, take action on.
Is there a second to Commissioner Coletta's motion?
COMMISSIONER FIALA: Okay.
CHAIRMAN COYLE: I'll -- okay. Commissioner Fiala
seconded.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
MR. HART: Thank you, Commissioner.
CHAIRMAN COYLE: Thank you very much.
Page 28
June 8, 2010
Item #9B
DISCUSSION REGARDING REVISED UTILITIES ORDINANCE
2008-32, SECTION 4, RESOLUTION 2009-224 REGARDING
ADDING METERS ON BUILDING FIRE LINES AND THE
EFFECT THIS WILL HAVE ON THE INDUSTRY - MOTION
PROVIDING AN ADMINISTRATIVE STAY ON FURTHER
IMPLEMENTATION, AFTER APPROPRIATE VETTING, STAFF
TO PROVIDE A DETAILED REPORT AND BRING ITEM BACK
FOR RECONSIDERATION AT A FUTURE BOARD MEETING ~
APPROVED
MR. OCHS: Commissioners, Item 9B is an item to discuss the
Revised Utilities Ordinance 2008-32, Section 4, Resolution 2009-224
regarding adding meters on building fire lines and the net effect this
will have on the industry. This item is placed on the agenda by
Commissioner Henning.
COMMISSIONER HENNING: Commissioners, the attached
correspondence from Community Development Advisory Committee,
and some backup material -- and of course, you did receive some
material from Kathleen Curatolo, who's the Executive Director of
CBIA, with the cost analysis of implementing the fire sprinkler
metered -- a second meter for commercial properties is very
expensive, and I would like the board to repeal that legislation, that
policy, in an upcoming future agenda.
CHAIRMAN COYLE: Okay. Commissioner Coletta, go ahead.
We have a motion by Commissioner Henning, however, on the table.
Is there a second?
COMMISSIONER COLETTA: I'm pretty much thinking -- if I
could just ask a question first, sir.
CHAIRMAN COYLE: Okay. Go ahead.
Page 29
June 8, 2010
COMMISSIONER COLETTA: You're talking about bringing it
back for reconsideration; is that correct?
COMMISSIONER HENNING: Yeah. Bring it back to repeal
that legislation.
COMMISSIONER COLETTA: Well, reconsideration to repeal
it. You can't repeal it at this point in time. We have to have a report.
I just want to make sure I understood. I second your motion, because
this is corning back for consideration.
CHAIRMAN COYLE: Is that okay with the motion maker?
COMMISSIONER HENNING: It's -- we're bringing it back for
repealing it. At that time the board has to vote on it. At that time we'll
probably have debate. I think we're saying the same thing.
COMMISSIONER COLETTA: I think we are.
MR. KLATZKOW: I think we're saying the same thing. If the
board wishes, we'll bring back an ordinance basically repealing the
change at a future meeting.
COMMISSIONER HENNING: Correct.
CHAIRMAN COYLE: Okay, all right. Does staff have any
report?
MR. OCHS: We would like to make a report at the appropriate
time.
CHAIRMAN COYLE: Let that be the next meeting then if we're
going to be reconsidering it. If we have the next meeting, are we
obligated to rescind it?
MR. KLATZKOW: No. It will be a board vote. I mean, you'll
have all the information in a full executive summary.
CHAIRMAN COYLE: Then bringing it back for reconsideration
is the proper thing to do. And if you want to make a report, we can
have the DSAC here to make a report, we can have the CBIA here to
make a report, and we can make a decision; is that right?
MR. OCHS: Yes, sir. That's fine. Thank you.
CHAIRMAN COYLE: Is that --
Page 30
June 8, 2010
COMMISSIONER HENNING: That's fine, but also in that
information, I want a little bit more complete information about loss of
water, where the source is, how much has been saved since this new
policy's been implemented.
MR. OCHS : Yes, sir.
COMMISSIONER HENNING: And the source of the data,
where it's corning from.
MR. OCHS: Very good.
MR. KLATZKOW: And just for clarification, what we'll be
bringing back is the entire issue before the board, then the board can
direct us to advertise the ordinance for a change. I don't have enough
time to advertise the completion now.
COMMISSIONER HENNING: I believe -- I believe the policy
was through a resolution.
MR. KLATZKOW: I think it was an ordinance change, too.
There's also a resolution you'll have to look at and decide whether or
not you want to rescind that resolution as well. But we'll bring -- we'll
bring the full issue toward you.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I had a few items. I did want
to hear from the speakers, but one of the things I wanted to make sure
was that, when we bring it back, it's properly vetted. I got a letter here
from CBIA, and they said it had never even been discussed with the
industry, fire districts, or DSAC.
And so I wanted to make sure that that was carried through
before it's brought back to us so we hear their comments and their
input, and then -- and with regard to cost versus benefit, that's an
important thing as well.
And then in the items that I received from staff, it was
interesting. It repeated here over and over again that the reason
they're doing this is to ensure that all water used for testing or
Page 3 1
June 8, 2010
consumed through illegal connections is paid for by the entity
benefiting from the usage.
Well, if it's -- if they're going to charge the people who are
illegally connected, how do they know who it is, you know, to charge
them, or does the person who has the connection on their property get
to pay for it because somebody else is illegally connected to it? You
know, that left me very, very cold. And it mentioned that a couple
times, and I wanted to make sure we determine who actually gets paid,
the people who are illegally using the -- I mean, who actually pays,
the people using the water illegally or the guy who's stuck with the
water bill?
Then the next thing is, it was a requirement that was discussed at
a meeting, and all that -- in attendance. Now, this is -- they were
talking about, snuff this requirement under the radar. And it said, all
in attendance understood the reasoning. Well, who was in attendance?
Many times we see a public information meeting held and two people
are there. Is that how many people were all in attendance? I wanted
to get more information on that.
And let's see. There was one other thing here, and I'm afraid I'm
not going to get to it quickly enough. Well, that was the same thing
again, the same with the illegal collection.
So thank you. As long as we're discussing it, I wanted to make
sure that's on the record.
CHAIRMAN COYLE: Okay. The -- there are only two
speakers, right?
MR. MITCHELL: No, there are five speakers.
CHAIRMAN COYLE: Five speakers. Who are the five
speakers?
MR. MITCHELL: There's Jack Pointer, Roy Marchett, David
Aldrich, Bill Varian, and Bobby Dimodica.
CHAIRMAN COYLE: Do any of the five speakers have any
objection to the action we're prepared to take right now, which is to
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June 8, 2010
bring this back and review it in detail with the objective of making
sure it's fair or eliminating this requirement entirely, or you all wanted
to speak here as well as next time?
MR. ALDRICH: I would just have a request to -- if possible.
The ordinance and the --
CHAIRMAN COYLE: Please state your name.
MR. ALDRICH: Oh. David Aldrich, Collier Industry
Association.
We would like to see this to be -- have an administrative stay on
it until the vetting is completed, if that is at all possible.
CHAIRMAN COYLE: County Attorney?
MR. KLATZKOW: Well, with board direction, yes.
CHAIRMAN COYLE: Okay.
MR. KLATZKOW: I'm not sure what we're staying though, but
CHAIRMAN COYLE: Well, staying the enforcement of this
particular provision, I would presume.
MR. ALDRICH: It would be the portion of the ordinance
dealing with RPZs, reduced pressure zones, and the resolution that
was passed -- I'm not sure the date on that -- regarding the fire meters.
CHAIRMAN COYLE: Okay.
MR. ALDRICH: Those are the two issues.
CHAIRMAN COYLE: Okay. Commissioner Henning, would
your motion provide for staying those two provisions of the ordinance
in the resolution?
COMMISSIONER HENNING: Commissioner, Mr. Chairman, I
think it's appropriate at this time to make a stay on it but also, more
importantly, Commissioner Fiala did make a good point, making sure
this is publicly vetted through the fire departments and the building
industry.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: Second agreed.
Page 33
June 8, 2010
CHAIRMAN COYLE: All right. Now, is there anyone who is
registered to speak here who objects to us doing that, or do you want
to speak now? I don't see anybody --
MR. VARIAN: If I could.
CHAIRMAN COYLE: Okay. Do the others waive? Okay. Jack
waives, David waives. Okay.
MR. VARIAN: Real quick. For the record, Bill Varian. I'm
Chairman of DSAC. As part of this -- I'm glad to see it corne back.
Weare the one who sent one of the letters in.
Possibly, if it needs to be vetted or discussed before it comes
back to you guys, some sort of staff direction, if it's DSAC that's going
to put a small subcommittee together, if you could do that for us, that
helps from DSAC point of view. And again, we'll be glad to do
whatever you guys would like us, to help this situation.
CHAIRMAN COYLE: Yeah. I think it's -- yes, you're right,
Bill. I think that the commissioners who are supportive of bringing it
back understand it should be vetted properly before it comes back to
us. There is no reason for it to corne back here unless it is vetted
through the appropriate advisory committees.
MR. VARIAN: Thank you.
CHAIRMAN COYLE: So with that said, Commissioner Coletta,
do you have anything else, or is that from last time?
COMMISSIONER COLETTA: No. He just added the parts that
I was concerned about.
CHAIRMAN COYLE: Then we have the motion by
Commissioner Henning. It's seconded by Commissioner Coletta.
MR. OCHS: Mr. Chairman, if I might?
CHAIRMAN COYLE: Yes.
MR. OCHS: Just before you take the vote. A point of
clarification then for staff direction, is it appropriate then, or the
board's will, that we work through the DSAC, and then the DSAC will
collaborate with their other industry partners so we'll have one vetting
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June 8, 2010
through the DSAC before we bring this back to the board?
CHAIRMAN COYLE: That would be acceptable to me.
MR. OCHS: Okay.
CHAIRMAN COYLE: And I guess the others.
MR. OCHS: Very good, sir.
CHAIRMAN COYLE: But we need to get the questions
answered that Commissioner Fiala has brought up and Commissioner
Henning has brought up.
MR. OCHS : Yes, sir.
CHAIRMAN COYLE: Okay. And it must be properly vetted.
MR. OCHS: Yes. But she mentioned CBIA and the fire groups.
If they can work in collaboration through DSAC then, that would, I
think, make it more expeditious for us to get this back to the board.
CHAIRMAN COYLE: Okay, all right. Very well.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: The motion passes unanimously.
That brings us to 9C.
Item #9C
RESOLUTION 2010-117: APPOINTING RONALD GILMER
GILBERT TO THE OCHOPEE FIRE CONTROL DISTRICT
ADVISORY COMMITTEE - ADOPTED
MR. OCHS: 9C, sir. It's an appointment of member to the
Ochopee Fire Control District Advisory Committee.
Page 35
June 8, 2010
COMMISSIONER COLETTA: Motion to approve Robert
Gilbert.
CHAIRMAN COYLE: Motion to approve Robert Gilbert by
Commissioner Coletta.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Seconded by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any discussion? Well, it's too late for
that, isn't it? There's no discussion. So it -- anybody objects, by like
sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously. Thank you very
much.
Item #9D
RESOLUTION 2010-118: RE-APPOINTING DAVID CORREA
AND ZETTY YETNY RIVERA TO THE HISPANIC AFFAIRS
ADVISORY BOARD - ADOPTED
MR. OCHS: 9D is appointment of members to the Hispanic
Affairs Advisory Board.
COMMISSIONER HENNING: Mr. Chairman, I make a motion
we appoint David Correa and Zetty Rivera.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Okay. Motion by Commissioner
Henning, second by Commissioner Coletta.
Any discussion?
Page 36
June 8, 2010
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: Okay. Motion passes unanimously.
Item #lOA
STAFF'S TWO YEAR REPORT AND RECOMMENDATIONS
REGARDING THE COUNTY'S LOCAL VENDOR PREFERENCE
POLICY - MOTION TO STAY CURRENT POLICY AND FOR
COUNTY MANAGER TO MEET WITH STAFF AND THE
ECONOMIC TASK FORCE REGARDING ANY
IMPROVEMENTS TO THE POLICY - APPROVED
MR. OCHS: Commissioners, that takes us to Item 10 on your
agenda, county manager's report.
lOA is a recommendation to accept staffs two-year report and
recommendations regarding the county's local vendor preference
policy.
Mr. Steve Carnell, your Purchasing General Services Director,
will present.
MR. MITCHELL: And we've one speaker.
MR. CARNELL: Okay. And good morning, madam, Mr.
Chairman and members of the board, I'm Steve Carnell.
Your purchasing policy contains a provision to afford local
vendors a preference in our formal competitive processes, and the
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June 8, 2010
board adopted this procedure back in 2008. And I'm just going to take
you through a couple of quick highlights so everybody watching and
here in the room can just have an overview of the information that
we've observed during the process.
Policy was adopted two years ago. It, again, primarily applies to
purchases under sealed bids and competitive proposals processes.
And the policy was to be effective for two years with an annual and a
biannual report to the board from staff, and today represents the
biannual report, or the two-year report, and the policy also has a
requirement the board needs to take affirmative action at the end of
two years as to whether to continue the policy. There is a sunset
provision, and otherwise the policy will go away if the board takes no
affirmative action at that time. So that's where we are today.
Just to give you some information about what we've observed
and experienced over the two years, in the sealed bidding process, our
participation rate -- and that means the number of Collier-based
bidders who are actually tendering sealed bids -- has been essentially
the same. It's gone -- varied from 40.1 percent over the three-year
average prior to the L VP process to 41 percent during the local vendor
preference policy period of two years.
The awards to Collier vendors has increased with the
implementation ofthe L VP period from 36.3 percent per year for the
three years prior to 41.2 percent over -- during the two-year preference
policy.
CHAIRMAN COYLE: How does that turn out to be an 11.3
percent increase?
MR. CARNELL: Because basically you're -- it's percentage into
percentage; 41.2 is 11 percent more than 36.3. That's why. It's just
their percentage points went up 11 percent. So--
CHAIRMAN COYLE: Thirty-six to 41 is II?
MR. CARNELL: No, no, sir. It's -- 41 percent is 11 percent
more than 36 percent.
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June 8, 2010
CHAIRMAN COYLE: Yes, okay, okay.
MR. CARNELL: The policy has altered the award of seven of
183 contracts to date.
Now, on the competitive proposal side, the participation of
Collier firms has increased considerably, from 22.3 percent to 30.5
percent. And the awards to Collier firms have increased even more
dramatically from 26-and-a-halfto 40.5 percent. A lot of that has to
do with the RFP for engineering services that we did where we got
considerable more local participation, but we also have other contracts
where there's been more utilization of local firms.
And again, we've invoked -- the preference policy there has
really only affected two of the 52 awards that have been made under
that process during the two years.
Just generally speaking, our expenditures have increased from
39.7 to 50.5 percent. That's just dollars going out the door, if you will,
for purchases of goods and services during the two-year period versus
the three-year average prior.
We've also -- the purchasing department in particular, and some
of your other operating departments, have initiated vendor outreach
efforts, and I want to commend each of the commissioners. Each one
of you really has had some different participation in this.
I want to thank Commissioner Fiala for your assistance with the
Marco Island Chamber, Commissioner Henning with the Naples
Chamber, and Commissioner Coletta for referring us to the Eastern
Collier County Chamber. We've had contact with all of them. And
the Naples Chamber is presently publishing all of our formal
competitive notices on a weekly basis in their newsletter.
And then the Marco Island Chamber, we've conducted a
how-do-we-do-business-with-the-county seminar with that group, and
we've had some meetings with some of their members who are
interested in specific county purchases, and we've been able to kind of
broker meetings with them and county departments that use those
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June 8, 2010
goods and services. So our departments are more aware of those
vendors as well in the current process. So we're pleased with that
outcome.
A couple of negative ramifications that have occurred throughout
the two-year period. In the -- you may remember this from last year.
In the first year of the implementation of the policy -- at the end of the
first year we surveyed our non-bidders, people who elected -- who
were invited to bid and did not bid. Actually, we did it on an ongoing
basis during the first year, and we asked them different reasons as to
why they chose not to bid, and 13 percent said they had decided not to
bid because of our preference policy.
There were two instances where a Collier-County-based firm lost
business in another county due to the preference policy where the
other county reciprocated, or retaliated, whatever word you'd like to
use, where they applied the Collier policy against our vendor and
extended a right to match to the local vendor in their area.
We have received some letters and complaints from vendors
regarding the policy where people have just written to me and said,
we're not participating because of this policy. And we've had a few
protests that have made their way to the board, I think about four,
related to the local vendor preference policy over the two-year period.
Now, all that said, as I said to you earlier, the board needs to
make a decision today as to how it wants to proceed going forward
with this policy, and staff sees as four options worth considering. One
would be to consider to continue the policy as is with no changes at
the present time.
Another option would be to continue it but to alter the
right-to-match process that you use for sealed bidding and replace it
with a best-and-final-offer step. And just so everybody's clear, what
the policy calls for now is -- on the sealed bidding side is, if we have a
-- we receive bids and a low bid is from a non-local bidder and there is
a local bidder who falls within 10 percent of the lowest bid, then we
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June 8, 2010
presently afford the lowest local bidder who fell within 10 percent a
chance to match; that's the right to match the price from the lowest
bidder. That's what has been our practice.
The negative ramification of that is -- and it goes back to people
saying they don't want to bid, don't want to compete, or are protesting
-- has been that we've had complaints from the local -- the low bidders
saying that they feel like they're just setting the bar, and then they're
being unilaterally excluded when we go to the right-to-match.
The alternative there would be to continue to afford our local
bidders a second chance, so to speak, by having a best-and-final
process where the lowest bidder would -- and if there is a local or
more than one -- any local bidder who falls within 10 percent would
be invited to participate -- to give a second bid, and we would leave
the local -- the lowest bidder in the process as well. So they'd all have
a second round of bidding, if you will.
The advantage of that is, I think you would keep more bidders in
the process in aggregate if you did that, and it heightens the
competition.
The third option would be to reduce the right-to-match range
from 10 to 5 percent. That would align you a little bit more with what
would be common profit on a number of the jobs that people contract
for with the county. I'm repeatedly told, particularly service contracts,
construction, that the operative rate of profit is less than 10 percent,
and if that's true, then essentially we're asking people by default to
lose money on the job if they want to match a price, potentially, if
they're at that top end of the range. So if you reduced it from 10 to 5,
again, it would be a little less onerous, a little more likely that people
would remain profitable, so to speak, in their right-to-match offers.
Then the option, or course, is to sunset the policy if you think
we've made sufficient progress in terms of increasing vendor
involvement.
So those are our four options before you, and I'll take any
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June 8, 2010
questions from the board.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. You mentioned the fact
that the Naples Chamber of Commerce and the Marco Chamber of
Commerce received a notice, and you added the Immokalee -- or
excuse me -- Eastern Collier County Chamber of Commerce to that
list. Would you also please add the Everglades City Chamber of
Commerce and the Hispanic Chamber of Commerce --
MR. CARNELL: Be happy to.
COMMISSIONER COLETTA: -- to that notification list?
MR. CARNELL: Sure.
COMMISSIONER COLETTA: Now, tell me if I'm right on this.
According to the agenda item here, the PFP awards to Collier vendors
have increased from 26.5 percent to 40.5 percent. That's a 65 percent
increase in local vendors receiving contracts. I think that was the
whole objective we were trying to get to in the beginning.
I don't want to do anything that's going to discourage vendors. If
this -- there's never going to be fair in this world. There's no way on
God's earth we're ever going to corne up with something that's totally
fair, but if we're going to be on -- we're going to be unfair, I'd rather be
unfair to those people that do not do business in Collier County than
those people that do do business in Collier County.
I'm looking for the best value I can for the taxpayers, but
taxpayers are the vendors that we have out there who live in Collier
County .
So I'm not too excited to change anything on this particular
program. It seems to be working well as we stand right now. I am a
little bit interested though in what you proposed as far as the ability to
rebid. If you'd explain that one more time, I would negotiate that.
MR. CARNELL: Sure. The existing process under your policy
is that if we receive bids and the lowest bid is from a non-local bidder,
and let's say two bidders, two local bidders, fall within 10 percent of
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June 8, 2010
the low bid price, say one is 5 percent higher and one's 8 percent
higher, what we would do in the current process is we would go to the
local -- the lowest local who's within 5 percent of the low bid, and in a
unilateral offer, we'd say to them, are you willing to match the lowest
bid? In other words, lower your price in this case 5 percent. And if
they're willing to do that, then we will make the offer to them and we
will recommend -- and we recommend award through the Board of
County Commissioners to them as the lowest bidder meeting the
lowest price.
And so that's the way the existing process has been, so that the
original low bidder is left out at that point. He's kind of set the bar,
and then he's off to the side.
And of course, I've been getting complaints and negative
comments. And I've had some people say, I'm not bidding because
I'm not here just to set the bar for you and be used and taken
advantage of, in effect. It takes a lot of cost preparation to submit a
bid, and people don't want to essentially be gamed by the system.
So what -- the alternative we're suggesting to consider would be,
under that one, would be that instead of just simply going to the
lowest local bidder and giving them a yes-or-no opportunity to match
the price, what we'd do instead is -- go back to my example. Let's say
there's the lowest bidder from outside the area, then you have a lowest
local bidder who's 5 percent higher, and then there's a third local
bidder who's 8 percent higher, in other words, within 10 percent, he's
within the 10 percent. We'd go to all three and we'd have a second
round of competition and we'd say, give us your best-and-final offer.
And then we'd say, we need all bids in among you three finalists
by Friday at three o'clock, and it would still be a sealed bidding
process, but they'd corne back and re-tender their prices. The -- and
what you have is more competition because you have three in the
game instead of one at that point and stage of the game.
The locals get preference because they get a second shot to
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June 8, 2010
compete where, in the traditional system they would have -- you just
would award to the lowest bidder and move on. So you're still
affording some preference, but you're giving that low bidder who set
the market for you a chance to stay in the game.
COMMISSIONER COLETTA: Well, my concern with that is,
you mentioned just a moment ago, too, about, they're working with a
10 percent profit margin. If we get to the point that we get the lowest
bidder and get them to corne back and bid again, lower even yet, we
may put ourselves at a disadvantage working with somebody that's
making a minimal amount of money or none whatsoever. So I think
that might be a disadvantage.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes. All along I've stated, I'm
mostly concerned with making sure that our business people have the
business -- get the business. They live here, they work here, they pay
taxes here, they shop here. And that's -- you know, that goes without
saymg.
I would love to hear from some of the people who either benefit
or don't benefit by this. I was a little disappointed to see that only two
of the 52 proposals out of the RFPs and only seven out of 183 actually
were altered to benefit a local company. That -- you know, that wasn't
very much.
But maybe, is there a way that we can hear from some of those
people, whether it be the engineering firms or architectural firms or
CBIA or whomever, or EDC, to give us a little input? I think this is so
important to our business community, and I hate to make the decision
without input from them.
COMMISSIONER HENNING: We have one speaker.
COMMISSIONER FIALA: We have one speaker?
MR. MITCHELL: The speaker is David Aldrich.
CHAIRMAN COYLE: Okay.
MR. ALDRICH: Good morning, Commissioners. David
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June 8, 2010
Aldrich, Collier Building Industry Association.
The Economic Recovery Task Force is looking for immediate
stimulation for our community. This -- I see this as being a win-win.
And it could be a great way to try to stimulate more of our own
business members here in town.
I would like to see an immediate task force put together, love to
work with you, also, I believe, with the chamber and a few others to
try to keep as many of our dollars local at this time.
I agree that this must be sunsetted at some point. I am all in
favor of free enterprise. I have had numerous conversations with our
county manager and also Nick Casalanguida. And if you don't have
free enterprise and open bidding, we are going to be paying too much
out of taxpayer dollars.
We have an immediate need in the county. I think we need to
address it immediately. I would like to try to do something with you, I
mean within the next couple weeks, to try to get something to move
forward here, put a sunset clause on this so we can get to -- but we can
get some dollars into our local community.
It is -- it's a free -- it's a free opportunity for us. It doesn't cost us
anything. The dollars are already there for projects.
I would like to see a study on the trickle-down effect for -- if
we're paying 5 percent more to one of our local vendors, what is the
true impact on our county? That's the person that's going to the
Publix, that's the person that's going down the street to do -- to work
with our other local businesses.
We have not -- I have not seen a study on that. I know it exists,
but I would like to see a study on that because I think that's very
important for what we're talking about today.
Whatever we can do to try to get more business into our
community at this time to keep the business moving and to stimulate
our economy, that is what the Building Association would like to see
continue to happen. I know the chamber stands agreed with us on
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June 8, 2010
that, and also, I believe, probably NABOR as well. So I would -- I
can't speak for them, but we would like to see a task force with those
bodies put together to contribute to this.
Thank you.
CHAIRMAN COYLE: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: There is a task force, economic
task force, today; is that correct, David?
MR. ALDRICH: Yes.
COMMISSIONER HENNING: Well, if that's correct, we don't
need to put anything else together.
I'm going to make a motion that we stay the present policy and
direct staff to -- direct the county manager to set up a meeting with his
staff to meet with the economic task force --
MR. OCHS: Recovery Task Force.
COMMISSIONER HENNING: -- Recovery Task Force to
possibly enhance this policy.
CHAIRMAN COYLE: Okay. We have a motion by
Commissioner Henning. Is there a second? Okay there's a second by
Commissioner Coletta.
COMMISSIONER COLETTA: Yep.
CHAIRMAN COYLE: Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: Okay.
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June 8, 2010
COMMISSIONER FIALA: I have a question.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: After this task force meets with the
county manager and they corne up with some recommendations, will
we be bringing this back again to consider?
CHAIRMAN COYLE: Yes.
COMMISSIONER HENNING: That was my intent, yes.
CHAIRMAN COYLE: Yes, that's right.
COMMISSIONER FIALA: Okay.
CHAIRMAN COYLE: Yeah. We can't change it without doing
that, but we would -- Commissioner Henning's motion was to make it
better, so that implies a potential change, which would require a
further hearing, right?
MR. OCHS: Yes, sir.
MR. CARNELL: Yeah. We would bring back recommended
changes.
CHAIRMAN COYLE: Okay, very well.
Item #10B
A DEVELOPER AGREEMENT BETWEEN CORRADI AIRPORT
INC. AND COLLIER COUNTY TO FUND THE DESIGN,
ADVERTISING, PUBLIC MEETINGS, PERMITTING AND
CONSTRUCTION OF PHASED INTERSECTION
IMPROVEMENTS AT ORANGE BLOSSOM DRIVE AND
AIRPORT ROAD - APPROVED
MR. OCHS: Item lOB, Commissioners, is a recommendation to
adopt -- excuse me -- approve a developer agreement between Corradi
Airport, Inc., and Collier County to fund the design, advertising,
public meetings, permitting and construction of phased intersection
improvements at Orange Blossom Drive and Airport Road.
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June 8, 2010
Mr. Nick Casalanguida, Deputy Administrator of Growth
Management Division, will present.
MR. CASALANGUIDA: Good morning, Commissioners. On
April 13th, Mr. Corradi carne into this hearing as a public petition to
ask for help and support from the commission regarding a project he
has at the corner of Orange Blossom and Airport.
You directed staff to get with the County Attorney's Office,
prepare an agreement that might facilitate that project and still protect
the county's interest.
You have that in front of you today. Ifthere's any questions, I
can answer them for you.
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN COYLE: Motion to approve by Commissioner
Fiala.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Second by Commissioner Coletta.
And is there any discussion?
(No response.)
CHAIRMAN COYLE: All in favor of the motion, please signify
by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: The motion passes unanimously.
MR. CASALANGUIDA: Thank you, Commissioners.
Item # 1 OC
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June 8, 2010
A BUDGET AMENDMENT REALLOCATING FUNDS IN THE
AMOUNT OF $2,000,000 FROM RESERVES TO THE SOUTH
REVERSE OSMOSIS RAW WATER WELLFIELD PIPELINE
REPAIR PROJECT, PROJECT NUMBER 70030 - APPROVED
MR. OCHS: Commissioners, 4 -- excuse me. lOCo It's a
recommendation to authorize a budget amendment to reallocate funds
in the amount of $2 million from reserves from the south reverse
osmosis raw water wellfield pipeline repair project. Project number
70030.
Mr. DeLony, Public Utilities Administrator, will present.
MR. DeLONY: Good morning. Jim DeLony, Public Utilities
Administrator.
Multi-tasking to move forward quickly. What I have before you
is an executive summary outlining an issue that has arisen in our south
reverse osmosis raw water pipeline in the southern -- along the 951
corridor.
As outlined in your executive summary, what I'm asking for is a
budget amendment and authorization to reallocate funds to go after
this problem that has occurred out there.
Here's the -- here's what we're going to do to try to accomplish,
and we have project purpose for this particular effort.
The project location, as I'd stated before, is parallel and -- parallel
to 951. Right near Forest Glen is the area where we had the pipe
rupture.
We had two modes of failure according to our forensic analysis.
One was -- appears to be a point where a rock or the pipe was literally
bedded on a rock, which is improper. That is not uncommon for that
to happen and the pipe burst, we repair it, game over, and we fix it and
go forward from there.
What is different about this one is that in addition to repairing the
point of rupture, we saw this collateral damage occur within the pipe
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June 8, 2010
which raised questions as to what was -- else was going on with regard
to this particular pipe burst.
Through the forensics analysis, which is in your executive
summary, we have determined that we need to take a harder look at
this than just go back and fix it.
This is the phased approach we're taking. We have completed
Phases I and II. We're now in Phase III whereby I'm asking by this
executive summary to get the necessary skills in place and
understandings in place so we can fix this both in terms of the
immediate and the permanent.
And concurrent with that, we also want to pursue, with all legal
means possible, any remedies that we may have for full cost recovery
under -- on any law.
I have the County Attorney's Office fully engaged with counsel
on this matter. There is a provision in this budget estimate for legal
support for this full cost recovery; therefore, this is my -- our staff
recommendation for this particular project.
I'm here for your questions.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: When was this pipe laid?
MR. DeLONY: Sir, the period of time that the pipe was laid--
we laid this between the period of -- let's see. We started in 2007, and
we completed it in March of2009.
COMMISSIONER HENNING: I remember that.
MR. DeLONY: Yes, sir.
COMMISSIONER HENNING: I mean, that was --
MR. DeLONY: Sir, this is a very important project. I don't
know if you remember the fact that we were very concerned at that
time given the growth in the county --
COMMISSIONER HENNING: Right.
MR. DeLONY: -- that we had to have this and we had to have it
quickly. And actually the project was broken up in two phases where
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June 8, 2010
I could get half the wells earlier and half later so we could make sure
we had sufficient water demand.
COMMISSIONER HENNING: Have you talked to the
contractor about that?
MR. DeLONY: Yes, sir, we have. Yes, sir. I've talked to the
contractor, the engineer of record, and also the engineer that was the
supervisor of the construction, inspection services, on multiple times
since the event in mid February.
COMMISSIONER HENNING: Wow.
MR. DeLONY: Sir, we're going to fix it --
COMMISSIONER HENNING: Sure.
MR. DeLONY: -- we're going to fix it right, and then we're
going to go after, appropriately, the liabilities, if we can find them.
COMMISSIONER HENNING: That was an expensive project.
MR. DeLONY: Sir, it was an important project.
COMMISSIONER HENNING: It was -- well -- but it was very
expensIve.
MR. DeLONY: And it was necessarily expensive given the
nature of this involvement. You have 23 production wells; you have
over six miles of pipeline. This was really, you know, our crown
jewel in terms of our go-ahead plan for future water use -- I mean,
excuse me -- water supply. And, you know, we put a lot of effort in
this one. This is -- this is, indeed --
MR. KLATZKOW: Well, in--
MR. DeLONY: -- a problem for us.
Go ahead, Counselor.
MR. KLATZKOW: In may, I mean, we're going to be in
litigation. We've got three parties. They'll be paying this at the end of
the day. And, you know, I'm a little reticent to have Mr. DeLony say
anything further because of that litigation. But, you know, there was a
mistake made, and it wasn't by the county.
CHAIRMAN COYLE: Yeah. And -- well, can we at least talk
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June 8, 2010
about the extent of the problem? It -- is it going to be the entire
project perhaps, or are there certain sections of the project where this
problem has been identified?
MR. DeLONY: We're going to do a two-pronged approach, sir.
We're going to fix what we find wrong. I need this wellfield in
production reliably, you know, by Christmas. So that's the reason this
has got some exigent nature to it, because I got to get some folks in
here. We're going to look at the problem, we're going to fix what we
think needs to be fixed, we're going to test what we need to test, and
restore that service.
Concurrent to that, I believe, though, because of the nature of this
collateral damage, I want to make sure that it doesn't repeat itself, so
that will -- again, that will be part of that second prong.
Did I answer your question?
CHAIRMAN COYLE: Yeah, I guess as well as you can under
the restrictions that we have right now.
MR. DeLONY: Sir, the executive summary from the forensic
engineer analysis, I think, will have some evidence as to what you
asked me.
CHAIRMAN COYLE: Yes. Okay. Thank you very much.
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion to approve by Commissioner
Henning, second by Commissioner Fiala.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
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June 8, 2010
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: Motion passes unanimously.
MR. DeLONY: Thank you, Commissioners.
Item #10D
A FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION AGENCY AND ARMY CORPS OF ENGINEERS
JOINT PERMIT APPLICATION TO CONTINUE
MAINTENANCE ACTIVITIES IN THE CLAM BAY SYSTEM ON
BEHALF OF THE PELICAN BAY SERVICES DIVISION -
APPROVED
MR. OCHS: Commissioners, Item 10D was previously 16F1.
It's a recommendation to authorize the chairman to execute a Florida
Department of Environmental Protection Agency and Army Corps of
Engineers join permit application to continue maintenance activities in
the Clam Bay system on behalf of the Pelican Bay Services Division.
This item was moved at Commissioner Henning's request.
COMMISSIONER HENNING: And the question is, is this
similar or same as the item on the CAC meeting on the 10th?
MR. McALPIN: For the record, Gary McAlpin. No, sir. These
are two separate items.
COMMISSIONER HENNING: Okay.
MR. McALPIN: Two separate permits.
COMMISSIONER HENNING: Well, I don't have any further
questions, so I'm going to move to approve.
CHAIRMAN COYLE: Okay. Motion to approve by
Commissioner Henning, second by Commissioner Coletta?
COMMISSIONER COLETTA: Yep.
CHAIRMAN COYLE: Any further discussion?
Page 53
June 8, 2010
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: 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 # 12A
A REPORT IN RESPONSE TO THE BOARD'S DIRECTION AT
ITS MARCH 9,2010, MEETING REGARDING THE
REGULATION OF COMPANIES PROVIDING VEHICLE
IMMOBILIZATION SERVICES IN COLLIER COUNTY AND A
REQUEST FOR DIRECTION WITH RESPECT TO AMENDING
ORDINANCE NO. 08-47, AS AMENDED, AND THE MAXIMUM
VEHICLE IMMOBILIZATION RATE ESTABLISHED BY
RESOLUTION NO. 2009-271 - MOTION TO ACCEPT $100 FEE
FOR BOOTING VEHICLES TO INCLUDE WARNING
STICKERS, ACCEPTING CREDIT CARDS, AND TRUCKS TO
HA VE ILLUMINATED LICENSES - APPROVED
MR. OCHS: Commissioners, that takes us to Item 12 on your
agenda, county attorney's report.
12A is a report in response to the board's direction in its March 9,
2010, meeting regarding the regulation of companies providing
vehicle immobilization services in Collier County, and a request for
direction with respect to amending ordinance number 08-47, as
amended, and the maximum vehicle immobilization rate established
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June 8, 2010
by resolution number 2009-271.
COMMISSIONER HENNING: Aren't we -- aren't we going to
go to public comment first?
MR. OCHS: I'm sorry, sir. I jumped right over that.
Public comment is Item 11. I apologize.
CHAIRMAN COYLE: Do we have any public comment?
MR. MITCHELL: No, sir.
CHAIRMAN COYLE: Okay. We've just taken care of it.
Now we're back to 12A.
MR. OCHS: Oh, good. I got lucky.
MR. TEACH: Good morning, Commissioners. Scott Teach,
Deputy County Attorney.
At the last -- at the previous board meeting, the board gave
direction to look at three issues regarding this ordinance. One, a $75
maximum rate with the possibility of a sliding scale; two, that
companies that provide booting services be licensed as a tow truck
operator; and third, a possible first warning system whereby a person
who may be booted for their first time is given some sort of advance
warning so that they know and can correct that behavior before they're
booted and charged a fee for it.
Since the meeting, the last meeting, we had an opportunity to talk
with the -- some of the communities, talk to the Whitestone Group
through their attorneys, and in the executive summary I've laid out that
Whitestone, and through their attorneys, have offered a resolution that
would involve a $100 fee. Their -- their presentation to me is that they
cannot operate for less than $100.
I would submit to the board that, based on the conversations with
the residents in some of these associations, they find this service to be
-- and Whitestone is the only operation that I'm aware of through my
discussions with the sheriffs enforcement agencies that do booting
that -- the associations have told me that this is a very necessary
enforcement provision for their homeowners' association.
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June 8, 2010
And the tool by them is used in this manner. You have a lot of
renters, you have a lot of homeowners who have been -- stopped
paying their association dues and fees and those sort of things, and it's
difficult to identify who's living there and who's corning and going.
With booting, once somebody's booted, they go immediately to the
homeowners' association, and then they have to identify themselves,
and it helps them to try to enforce collection efforts related to other
manners (sic) as well as enforcing their covenants and their rules in
the community. So they, the associations, feel very strongly about
preserving this tool.
And as I've indicated, Whitestone says they can't do it for less
than $100.
I want to go over the three issues, the $75 fee that the board
talked about, the licensing requirement, and the warning as well.
The -- regarding a sliding scale, I didn't see a lot of that,
Commissioners. I -- one of the things I did was, I immediately sent
out an email to all the Florida Association of County Attorneys to ask
them if they had similar situations in their various counties and to see
how they addressed it. I didn't get a single response.
I went through MUNI code, I looked at various cities and
municipalities to see if they addressed this in some sort of fashion.
There's not a whole lot that distinctly deal with the situation that we
have before us today.
Regarding Whitestone's compromise -- and as you know, they
are suing us, and they would say that if the terms that they've laid out
to us were agreed upon, that would go away as well, the litigation.
The -- if the board were to consider increasing the fee from 75 to
$100, I think a flat fee is more easy -- easier to administer than a
sliding scale. But if the board were to consider that increase, I think
that there should also be a requirement that the owners whose vehicles
are booted cannot only pay via cash but also by debit card or credit
card, to give the persons whose vehicle is booted some options
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June 8, 2010
because they may not be able to afford to pay cash.
And it's -- it gives more of a sense of a fairness to the person
whose vehicle is booted who may need to go to the drugstore, for
example, and needs their vehicle. If they don't have cash, they could
pay by a credit card or something along those lines. So that would be
a compromise that I would suggest to the board to consider if they
decide that an increase to that fee is appropriate.
As far as the licensing, I want to advise the board that there are
specific requirements for tow truck companies who are on the sheriffs
rotation. They have to have background exams; you know, they see if
they have a criminal record. The sheriff requires this for their
rotational tow truck operators.
But tow truck operators who tow on private property don't have
that same requirement. They basically can get an occupational
license, and they're good to go. They might have to get a CDL,
commercial driver's license, if they tow over a certain weight amount.
That would be another requirement. And I understand that some of
their insurance companies require them to go through schools on
towing just as a requirement of the insurance coverage that they have.
So the -- it really -- I don't think the requirement to have them
operate as tow truck licensed operators is something that the board
should consider just because there really is no state requirement.
And I think that the insurance requirements should be lesser, too,
because they're not -- they're not moving vehicles. I've looked at some
other jurisdictions; $20,000 per operator per incident should be
sufficient, something along those lines.
And as I indicated, there's really only one company that's doing
this in Collier County, and that's the Whitestone Group.
And the last item, Commissioners, the warning requirement.
Administratively -- I've talked to Whitestone, I've talked to the
homeowners' associat- -- I talked to the sheriff, Lieutenant Minch and
Doug Leffin, who do a lot of the enforcement, and I've talked to the
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June 8, 2010
sheriffs attorney as well, and it's really, administratively, very
difficult to give that first-bite warning.
But I just want to share with you what some of the associations
are doing now. Before they start booting in their communities, they
send out notices to everybody. And in the -- with respect to Positano
Place, for example, I understand they've sent out multiple notices, five
notices, maybe nine notices, and some people who have their vehicles
booted say, we never received them, you know. So that's what they're
confronting.
For an example, if we were to make some changes here -- and I'd
like to go back, based on the board's direction, and sort of carve out
tow truck requirements and the booting requirements separately in the
ordinance. I think it would be cleaner, it would be easier for both the
towers and the booters to understand, and I think -- I looked at one
model in the City of Destine, and what they did, they actually put in
their ordinance a requirement that properties with existing leases or
rental agreements and association documents, that they provide that
advanced notice before they start a booting operation within their
community, so that gives a little bit of notice that the board was
concerned about.
And also, I think it would be appropriate to post in a common
area, maybe by the pool, the rules regarding parking in the
community. That would give everybody notice at a central location.
And then finally in the executive summary, I indicated that
maybe a sort of compromise on the warning thing would be -- for
example, with Whitestone, they make four patrols a day. So if they
corne around and they see a vehicle that's parked inappropriately, that
they put a sticker on the vehicle that says that if it's not removed by
their next patrol, or eight hours, or whatever the board considered
doing, that the car would be booted, and that at least gives a little
window, because in some instances I've heard situations where
somebody went into their house, parked their car, and then ten minutes
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June 8, 2010
later the boot was on, because it doesn't take long to put a boot on.
And that would at least, perhaps, give some measure that
somebody could see it; oh, I won't do that again. And the associations
and some of the people here could speak to whether they think that's
an appropriate remedy as well.
Commissioners, that's -- I indicated to you that Lee County, they
set their fee at $50. When I gave you the previous survey, there's
other jurisdictions that provide higher fees. Flagler County, for
example, is $100. So anywhere within that range and what the board
proposed is a reasonable range. But according to Whitestone, if it's
$75, they functionally can't do business in Collier County.
CHAIRMAN COYLE: Okay. Thank you very much. We're
going to take a ten-minute break, and then we'll corne back and finish
this up.
(A brief recess was had.)
CHAIRMAN COYLE: Okay, ladies and gentlemen. We're back
. .
In seSSIOn.
And we go now to the continuation ofItem 12A.
We have speakers?
MR. MITCHELL: Yes, sir. We have four speakers.
CHAIRMAN COYLE: Okay. Call the first speaker.
MR. MITCHELL: The first speaker is Jason Clark of
Whitestone Group, and he'll be followed by Brian Mayhan (sic), also
of the Whitestone Group.
CHAIRMAN COYLE: Okay. Very well.
MR. CLARK: Hi. I'm Jason Clark with the Whitestone Group.
I appreciate you taking the time to speak about this today.
We have been working with the county attorney and the Sheriffs
Department, as well as the communities, to work a way to lower our
costs, to get it down to about $100 so we can provide this service still
and work with the communities to make sure they're satisfied.
CHAIRMAN COYLE: Okay. Good.
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June 8, 2010
MR. CLARK: And I don't know if you guys have any questions
for me or --
CHAIRMAN COYLE: Any questions from the board?
COMMISSIONER FIALA: I've got one.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: What other communities do you
serve?
MR. CLARK: You know, being on record and confidentiality
agreement with communities, I can't really disclose --
COMMISSIONER FIALA: How about what other counties?
MR. CLARK: Okay. Currently right now we're not working in
any other counties. We do service Lee and Collier County, but
currently we're not booting in Lee County. We're -- we are providing
security services for Lee County.
We've taken many measures to drop our price to $100 as a cost.
Our cost right now is about $127. The warnings that we've always
done goes by, one, the bylaws of the community, but we've always
printed out letters to go out to all the homeowners' associations.
We've always made sure they've been delivered door to door. And on
average, it's about a 30-day period from the time those letters get sent
out to the time we ever start. So that's something we've done from day
one. We want to make sure everybody knows about the service and
not just going out there to boot everybody.
COMMISSIONER FIALA: So what you're saying is, Collier
County is the only county in the State of Florida that you serve?
MR. CLARK: Yes.
COMMISSIONER FIALA: Okay. Thank you.
CHAIRMAN COYLE: Okay. Any other questions by the
board?
Yes, go ahead, Commissioner Henning.
COMMISSIONER HENNING: Not a question, just a comment,
or an observation. Lee County, just right up the street, is $50 for their
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June 8, 2010
booting, or immobilization.
You know, I'm okay with what Commissioner Fiala suggested
prior was $75 and a first -- you know, a warning, just like they do on
-- prior to towing a vehicle, they slap a sticker on the window, and you
have like 12 hours or 24 hours to remove the vehicle. And ifnot, it
would be, in this case, immobilized.
That's kind of the direction that I would like to corne back with
the amendment to the ordinance.
CHAIRMAN COYLE: Okay. No other questions?
(No response.)
CHAIRMAN COYLE: We'll take the next speaker.
MR. CLARK: Can I respond to that?
CHAIRMAN COYLE: Sure.
COMMISSIONER HENNING: No, that's a comment.
CHAIRMAN COYLE: Oh.
MR. MITCHELL: Okay. The next speaker is Brian Mayhan.
MR. MAYBERRY: Good morning. My name is Brian
Mayberry. I'm also with the Whitestone Group. Whitestone is here
today basically for one reason, and it's for all these communities that
we servIce.
They've all written letters to you from either board members of
presidents of the associations. These are elected officials of the
associations that represent the community. They have corne to you
and they have repeatedly told you that this is a service that they find
invaluable to their community, that we've done great work to help
benefit their community in great strides.
Currently there are towing ordinances that exist. There is an
alternative to the service that we're providing, but it's more expensive
to the violator that's in violation of the rules, it's also more expensive
to the association to deal with because they have to hire an agent of
the property to then go ahead and patrol the property for them.
So that being said, you know, you've heard from these
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associations; they're going to continue to talk to you about it. What it
comes down to, at the end of the day, they're providing -- they're
asking Whitestone to perform one job; they're providing us a list of
their rules, what they want us to do on the property, and we provide
that service to the letter.
With the associations, they've -- every association to my
knowledge, we've always provided at least three weeks of notice
before we've started booting. We've had letters stuffed under every
door, put in mailboxes, put in common areas, but these are all issues
that these associations do, and it's their job to perform that service.
So also what we're doing here is, you're looking at Whitestone
for what we're doing, and essentially we're looking at a rules violation
and we're putting a boot on the vehicle and getting paid for that
service, but also you're looking at what these associations -- with what
these boards are doing, and you're also regulating of what they're able
to do and what they're not able to do.
So if you have any questions for me, I'd be happy to answer them
at this time. Thank you.
CHAIRMAN COYLE: Questions?
(No response.)
CHAIRMAN COYLE: Okay.
MR. MITCHELL: The next speaker is Alfred Giovannetti from
Bridgewater Bay.
MR. GIOVANNETTI: Well, thank you, Commissioners, for
giving us this opportunity to speak to you this morning.
My name is Al Giovannetti, and I've been a full-time resident of
Bridgewater Bay for the past six years.
Bridgewater Bay has 524 units. I am president of the Carriage
Horne Association consisting of 160 units. I am also the chairman of
the rules committee. We do not have a neighborhood watch
association.
Our community was having many problems, such as residents
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parking in the -- on the grass and breaking our sprinkler systems,
sprinkler heads, illegal parking, overnight street parking, et cetera.
Since we are a gated community, the sheriff is not able to corne in and
patrol in our development.
Last July we decided to hire Whitestone Security, at which time
we sent out several notices to all of our residents and posted it in our
clubhouse that they would be starting to boot on people who were
violating our rules.
From the time they started booting, the infractions reduced by 75
percent. Their visibility also in patrolling the four times that they
corne in every night was very comforting to our residents.
If you don't have a service similar to this, it's neighbor
confronting neighbor, and that, at times, creates a problem.
So I would ask that you consider increasing the fee so that it
becomes worthwhile for them to corne in and perform the service, and
it is most helpful for us as a development, and I would appreciate any
help that you could -- you can give to us.
Thank you.
MR. MITCHELL: The next speaker is Jack Hedenstrom, and
this is Positano Place.
MR. HEDENSTROM: Good morning, Commissioners. My
name is Jack Hedenstrom. I'm the Community Association Manager
of Positano Place in Naples. This is a residential community of 330
units.
I want to explain a few of the reasons that we would like to see
Whitestone Security Group back in the business of booting vehicles.
I assumed the responsibilities of managing Positano about 15
months ago, at which time we had about a dozen leases in the
community. Now we have well over 125 leases, and this is basically
due to Whitestone corning in and identifying the people who are living
in our units.
Many of these unit owners were flippers when they bought iny
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Positano and got caught in the housing downturn, so they let their
units go into foreclosure, they continued to receive cash rent from
their renters in the units, and they didn't pay the association a dime in
quarterly assessments.
Entered Whitestone Company. If you don't have this sticker on
your vehicle or this visitor pass hanging from your window or on --
your rear-view mirror or on the dash, you're going to get a boot.
Then these people corne into my office, and they want to get one
of these stickers. I see the owner owes us ten or $20,000; well, now
we're going to start a conversation, okay.
Thanks to Florida's legislature, Condo Reform Bill, SB 1196,
beginning July 1 st, we can force these renters to pay their rent to us,
the association, until all monetary obligations have been satisfied.
Whitestone plays an integral part in this process. They play an
integral part in this process. Booting unauthorized vehicles forces
these people to corne in and talk to me.
The question keeps corning up, why don't you just tow vehicles?
We use the towing company if they're parked in front of a fire hydrant,
in front of a garage, whatever, but -- the thing got me off cue -- but for
violations of our rules and regulations, we really prefer to boot
vehicles.
As an example, let's say Suzie comes out in the morning to go to
work. She's got Billy, her son, in tow. She comes out; her vehicle's
gone. She calls the sheriff to report it stolen. Well, obviously it's been
towed.
Now she's got to figure out, how's she going to get Billy to
daycare? How's she going to get to work? Who's going to take her
down to the impound lot to get her vehicle? We've not put her in a
very friendly situation.
If she comes out and there's a boot on her car, the sticker's on the
window, she calls the number. In 45 minutes they're out there, remove
the boot, she's on her way. It's a much more neighborly approach to
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June 8, 2010
enforcing our rules.
We do -- we've talked about notice here. We do provide notice
to all of our residents. We've given several months in the past. And I
have a letter ready to go out tomorrow provided -- depending on the
outcome of this meeting. And I'll be happy to share that with
Commissioner Fiala and Mr. Teach.
Whitestone does provide other services to our community --
CHAIRMAN COYLE: Your time has expired. Can you wrap it
up for us?
MR. HEDENSTROM: Yep, sure thing.
CHAIRMAN COYLE: Okay.
MR. HEDENSTROM: Just one comment. I can't -- I don't
understand how we can justify 140 to 160 to tow a vehicle but only 50
to 75 to boot a vehicle. We have two CPAs that have looked at
Whitestone's numbers, and they agree that $100 is a fair number, and
I'm asking for your support.
CHAIRMAN COYLE: Thank you very much.
MR. HEDENSTROM: Thank you.
CHAIRMAN COYLE: Was that the last speaker?
MR. MITCHELL: That was your last speaker, sir.
CHAIRMAN COYLE: Okay, thank you.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I had a question for the
Whitestone Group, actually.
Commissioner Henning brought up the fact that Lee County only
charges $50 for booting, and I asked Whitestone if they served Lee
County. They said no. I think that they used to.
If you begin to serve Lee County again, do you accept $50 in Lee
but then $100 here, or how does that work? I mean, I want to save the
neighborhoods, I truly do, and I want to help them, but not if you're
charging $50 in Lee and $100 for Collier.
MR. CLARK: No. We're not serving Lee County. We will not
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June 8, 2010
be able to serve Lee County until that price comes up to at least $100.
We've bent over backwards with all the communities to try to get
our costs down to $100. We've eliminated some patrols, we've done
some other cost sharing and are going to have to charge some of the
communities to make this work.
We're not going to be able to boot for 75 or 50 in Lee County,
and we're going to have to start discussions with them in order to start
working in Lee County.
COMMISSIONER FIALA: And secondly, if we -- if we -- and I
don't know how the other commissioners feel at all about this. If we
acquiesce and allow the $100 booting fee, you will include credit
cards?
MR. CLARK: We can take -- we're set up to take debit cards
right now.
COMMISSIONER FIALA: No. I'm saying, will you include
credit cards?
MR. CLARK: Yes, we can include credit cards.
COMMISSIONER FIALA: You can include credit cards, okay.
I agree with Mr. Teach as far as, we don't need to have a towing
license for a booting company because you don't even do anything
with towing, and lower insurance requirements. I think that that was
important, too.
A warning sticker, I think that that's an excellent idea that Mr.
Teach presented. For somebody who's three inches over a line, they
shouldn't get booted for that. They should get a warning, first time.
Second time, fine.
Same with somebody who comes in -- and this minister comes
and visits somebody, and he doesn't know what the rules are, right? A
warning sticker so that the next time he comes in there, he understands
the rules. I think that that's -- that's also being neighborly. And I don't
know who would do the warning sticker.
But if those things -- let's see. If those things are agreed upon, as
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far as credit card and warning sticker, I would then make a motion to
up this price to $100 for the Whitestone Group to boot cars, to accept
credit cards, and apply warning stickers for the first offenders in
incidental issues.
CHAIRMAN COYLE: And eliminate the licensing as a tow
operator?
COMMISSIONER FIALA: Yes, thank you.
CHAIRMAN COYLE: Okay.
MR. CLARK: I can agree with the credit cards. As far as the
warnings, that still goes back to every community, and I can't speak on
behalf of the community.
We can do the letters. We can even do the signage at the front of
the community. Anything more than that would have to go back to
the communities. That would increase the costs.
When we give warnings right now we charge the communities.
We also take photographs and keep it in a database, computers in the
cars. That does increase the costs tremendously, but that would have
to be worked out with the associations.
COMMISSIONER FIALA: You'd have to work it out with
them. I would never go any higher than $100. It pains me to go to
$100, to be perfectly honest with you.
MR. CLARK: Sure.
COMMISSIONER FIALA: But that's it. You work it out with
them as to what you want to do with warning stickers. I'm just saying
that that applies in this motion.
MR. CLARK: Okay.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: If you would turn to Page 7 of
your executive summary, a Class A wrecker base rate is $100, $3
additional per mile if it's beyond 10 miles.
I'm talking to commissioners.
The -- saying that you can boot to make a small profit for $100,
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June 8, 2010
knowing that you can boot more than one car at a time, probably carry
several boots in the van or pickup truck or so on and so forth, I find
there's some disparity there, because when you tow a vehicle, you pick
it up, you take it to the yard, you drop it off. With a booting company,
you have the potential to boot several vehicles in one community.
So I find it a disparage (sic) -- and I understand how Lee County
carne to this rate, because the practices is different, and I would
imagine there would be more cost in a wrecker than a van or a pickup
truck.
So I don't know if we're really doing a service to the residents in
Collier County, making booting $100. That would be, you know, a
little bit more than towing a vehicle.
And maybe the proper thing to do is to ask the -- ask the staff to
take a look at those two different operations -- towing company
doesn't have a problem with their rates -- and make an analysis of
what is fair.
CHAIRMAN COYLE: Okay. We have a motion by
Commissioner Fiala. Is there a second? I'll second it.
Is there any other discussion?
(No response.)
CHAIRMAN COYLE: okay. I'll call the motion.
All in favor of Commissioner Fiala's motion, please signify by --
COMMISSIONER HENNING: I've got a question.
CHAIRMAN COYLE: Okay, go ahead.
COMMISSIONER HENNING: What is the towing, base towing
rate, in Collier County?
MR. TEACH: Commissioner, my recollection is it's 125.
COMMISSIONER HENNING: One twenty-five.
MR. TEACH: Yes, sir.
COMMISSIONER HENNING: So -- and then what's the
mileage charge after that?
MR. TEACH: It's -- I believe it's $4 and maybe some change a
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June 8, 2010
mile. I mean, I've gotten calls recently from some tow truck operators
who say that's too high because the fuel prices have gone down, which
is unusual, but --
COMMISSIONER HENNING: Yeah.
MR. TEACH: And then there's -- and then, of course, there's
storage fees that accumulate as well.
COMMISSIONER HENNING: And what is the -- what is the
storage fees?
MR. TEACH: Commissioner, it depends on whether it's indoor
or outdoor. Off the top of my head, I don't recall.
COMMISSIONER HENNING: Okay. I mean, can't we -- can't
we do it half of what the -- what it would cost to tow and store a
vehicle for a day instead of making it a flat $1 OO?
MR. TEACH: I can share with you this. When I had
conversations last week with Lieutenant Minch and Doug Leffin with
the Sheriffs Department, because of -- the cost-of-mileage fee right
now is so high, that they get complaints because mileage is the bigger
expense rather than the hookup fee itself.
So sometimes there's -- for a single tow, you know, you're
looking at $500, $600, again, because of some of those issues
regarding towing and storing and gas mileage. So it's rather large
compared to maybe a compromise in this instance.
CHAIRMAN COYLE: Okay. Any other questions?
COMMISSIONER HENNING: No.
CHAIRMAN COYLE: All in favor of the motion, please signify
by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Motion passes 3-1 with Commissioner
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June 8, 2010
Henning abstaining -- or objecting.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Commissioners, that takes you to Item 15, staff and
commission general communications.
CHAIRMAN COYLE: Okay. We're going to start with you.
MR. OCHS: Nothing from me today, sir.
CHAIRMAN COYLE: Okay. Commissioner -- County
Attorney?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: Yes. I had a very productive
conversation with a member of the public who had -- has a residence
in Portland, Oregon, and they're a providor for cable television and
Internet to have choices. And what was relayed to me is the one
company -- of course, they have less television stations than their
competitor, but they're -- the base rate is $7.95 a month, and their
competitor is double that, but they offer a lot more.
I talked to the county manager's staff, Jamie French, and I asked
him, what can we do to actively pursue competition in Collier County
for those type of providers in the county? He did tell me that the
company on Marco Island is pursuing the gated communities to
provide that service. Of course, he was in a lawsuit with the provider
in Collier County, won that, but it's going through appeal.
I would really like to give the -- the board to give direction to our
staff to pursue other providers for cable television and Internet to give
options to the citizens in Collier County.
Jamie French, very knowledgeable about that, very supportive.
He also said there's a lot of existing infrastructure in Collier County
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June 8, 2010
that Kent -- the school board and the Board of Commissioners own
that they can just tie into and provide that service. And I'm
envisioning it could be a benefit to the school board and the county by
renting space on that infrastructure.
So, Mr. Chairman, I would like to make a motion that we direct
staff to actively pursue providers of -- Internet providers and cable
television, encourage them to corne to Collier County.
COMMISSIONER FIALA: I wholeheartedly second that one.
CHAIRMAN COYLE: Okay. We have a motion to encourage
staff to pursue cable service providers.
Could we ask -- direct the staff to corne back and make a report
to us? We can't do it June the 22nd -- or June the 22nd, we can't do it
July the 27th. Can we say the first meeting in September? Would that
be okay?
COMMISSIONER HENNING: Yeah, that would be --
CHAIRMAN COYLE: Have the staff corne back and give us a
report as to what the options are?
MR. OCHS : Yes, sir.
CHAIRMAN COYLE: Okay. I'm sure you don't mean that we
ought to go out and start advertising and providing incentives to
anybody, but to evaluate what our options are and how we can get
more Internet service providers and/or television service providers in
Collier County?
COMMISSIONER HENNING: If it's going to provide
incentives, it would have to corne back to the Board of
Commissioners.
CHAIRMAN COYLE: Yeah.
COMMISSIONER HENNING: But even if it did,
Commissioner Coyle, boy, what a service to our constituents if they
can get their service cut in half, the price for their service, their
existing service, cut in half.
By the way, the example that I gave you in Portland, Oregon, the
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June 8, 2010
provider is the same provider here in Collier County, but because of--
they have competition, they have to compete for those customers out
there.
CHAIRMAN COYLE: Maybe one thing we could do is ask
them to provide some better programs on the channels they have --
COMMISSIONER HENNING: I like the History Channel
myself.
CHAIRMAN COYLE: -- because 90 percent of them are not
worth watching anyway.
But in any event, Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
COMMISSIONER FIALA: You keep turning my button off.
CHAIRMAN COYLE: Yes, I noticed that. It's not a mistake.
COMMISSIONER COLETTA: Yes. We also have directed
staff to corne back with a report regarding the -- eastern Collier
County as part of an initiative there for cable connections or wireless.
Remember that one grant that Penny Phillippi was looking into? I'm
not too sure if it's corning back through her or through our staff, but
somehow, whatever's taking place there has to be coordinated with
this, too, so there's not an overlap and we can understand what all the
options are that are out there.
MR. OCHS: Yes, sir.
CHAIRMAN COYLE: Okay. Anything else?
COMMISSIONER FIALA: Yes.
COMMISSIONER COLETTA: Don't give him a chance.
CHAIRMAN COYLE: You got your three nods, didn't you, on
the --
MR. OCHS: Yes, sir, we'll --
CHAIRMAN COYLE: -- internet service provider?
MR. OCHS: -- bring back the staff report in September.
CHAIRMAN COYLE: All right, very well.
And Commissioner Fiala?
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June 8, 2010
COMMISSIONER FIALA: Would you -- when you're doing
that, one of the things that -- it seems to have been a great loss, and
that is, first of all, ComCast put the government channel, all of the
government channels, all the way down at the end of the 90s, and it's
difficult for people. We used to get a lot of people commenting and
watching. We like that. We like people to watch our meetings and
participate in them. Once they put it down into the 90s, the channel
surfers didn't corne across it anymore.
So maybe the new company, number one, would put it up into a
channel area where people could see it, and the second thing is, when
people who have tried to save money on cable have then switched to
either digital or dish, they can't get the government channels at all.
So in keeping with this, when you start discussing this with the
other cable companies, would you add that the government channel
should be allowed?
MR. OCHS: Yes, we will.
COMMISSIONER FIALA: I mean, if that agrees -- if the other
commissioners agree, of course.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: It sounds very reasonable.
CHAIRMAN COYLE: Now, do you have any other comments?
I'll just jump to you since you were started.
The only thing I have is my standard, very quick, update on
Jackson Labs discussions. Two things happened just recently. We
had a Project Innovation meeting--
COMMISSIONER HENNING: I wasn't done.
CHAIRMAN COYLE: Oh, I'm sorry.
COMMISSIONER COLETTA: And you haven't got to me yet
either.
CHAIRMAN COYLE: Well, I wasn't intending to get to you.
COMMISSIONER COLETTA: Okay, fine.
CHAIRMAN COYLE: Okay. Go ahead, Commissioner
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Henning.
COMMISSIONER HENNING: Mr. Klatzkow sent a memo to
the BCC about traveling to Orlando. I had intentions to go but will
yield to the other commissioners that want to go. So that's off my
calendar knowing that we have to have just one commissioner travel.
CHAIRMAN COYLE: Sure, sure.
COMMISSIONER COLETTA: And if it's going to be one, it
should be you because you're one that's -- I'm sorry, but it should be,
because you're going to have a number of dignitaries from our area
going up there. You've been on top of this since day one, so it needs
to be you; but, however, with that said, I do reserve the right to be able
to go back on my own at some future time to be able to view this.
CHAIRMAN COYLE: Well, our plan is -- and I'm going on the
bus with all of the people because a member of Jackson Labs will be
on the bus, and I don't want to leave them alone. I think we should
have a representative on that bus with them. So I'm going to ride up
on the bus there, and hopefully they'll let me ride back.
But our plan was to arrange for all of you to go.
COMMISSIONER FIALA: Actually I've made arrangements for
me to go already, and separately.
CHAIRMAN COYLE: Yeah, yeah.
COMMISSIONER COLETTA: I wanted to go, but I was told it
would be a violation of the Sunshine Law.
CHAIRMAN COYLE: No. We are prepared to take you up
there individually if you wish. The EDC will coordinate that for you.
COMMISSIONER COLETTA: Let's refer to our county
attorney. How can we do this? Can we advertise this ahead of time?
MR. KLATZKOW: No, no. It can't be a public meeting because
it's too far away from here.
CHAIRMAN COYLE: We're not having two commissioners
there at the same time. We're talking about them going up
independently at different times --
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June 8, 2010
MR. KLATZKOW: That's fine.
COMMISSIONER COLETTA: Oh, oh.
CHAIRMAN COYLE: -- so that we don't have to advertise it;
we won't have a conflict. And the same thing could apply to trips to
Bar Harbor, too. So, you know, I'd hate to create a situation where we
have even the suspicion that two commissioners are going to be at the
same place at the same time, because that always creates roomers, and
I don't care how careful you are.
But we have discussed this at the EDC and at staff level, and the
staff is going up there independently, too, to talk with some of the
people, and we're setting up video conferences with the people in
Orlando so that we can have discussions with them about what their
experiences were and how they went about negotiating an
arrangement and how successful it's been. We don't want to have to
be running up there every week to do that, so we're going to try to set
up video conferences with them.
So yeah, please, if you want to go see these things, there are
ways to do it individually without complicating the Sunshine Law. So
you just let the county manager know. And EDC is going up there
from time to time. They have committed to arranging a tour for you
whenever it is convenient for you. So by all means, take advantage of
that. And we'll deal with the sunshine thing by handling it that way
and having individual meetings.
Okay. Everybody happy?
COMMISSIONER COLETTA: Well, anything you want to add
to that?
MR. KLATZKOW: No, that's fine.
CHAIRMAN COYLE: Okay, good. Okay.
I think it was Commissioner Henning. We're never sure if he's
finished.
COMMISSIONER HENNING: And I'll let you know later. I'm
not sure.
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June 8, 2010
CHAIRMAN COYLE: All right. Then Commissioner Henning
is in recess. We're now going to Commissioner Coletta.
COMMISSIONER FIALA: He through?
CHAIRMAN COYLE: Who knows. It's hard to tell.
COMMISSIONER COLETTA: Do you yield the floor to me,
Commissioner Henning?
(No response.)
COMMISSIONER COLETTA: No comments, okay. So I take
that as a yes; I not only have your endorsement but your proxy.
One of the things that's very concerning is the FEMA maps that
are going to be corning out shortly. The most concerning part of the
whole thing is the timing that's taking place. It's going to fall at a
point in time that our residents aren't going to be here. August is a
terrible month to unveil a program as big as what is going to be deep
with these flood maps.
Nick, would you corne up for a moment? What I'm looking for --
Nick will give you a little bit of a blazea (phonetic) on this whole
thing to be able to bring you up to where we are. In the end I want to
direct the chair to write a letter to our congressional -- federal
congressional delegation to make sure they're aware of this fact and
the fact that we find it's an imposition upon the residents of Collier
County what's scheduled at this point in time.
Nick?
MR. CASALANGUIDA: Sure. The maps are due to arrive in
the middle of July, then we've got that 30-day period where we start to
have the public meetings and you get briefed, Commissioners. Staff
sent a request to FEMA via email saying, can we defer these to
September, October, when our residents are back in town, people are
here, and these meetings would be very productive. They cordially
denied our request.
And I discussed with Commissioner Coletta that it might be
prudent if it carne -- the request carne from the board asking that
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June 8, 2010
meetings are held when the people are here.
This is going to impact on 40-,50,000 residents, and August is
probably one of the worst times for us to hold public meetings.
Nobody's around. Staff is going to bear the brunt of the response of
this. So I thought it might be prudent if the board requested that
meetings be held in September, October instead.
COMMISSIONER HENNING: I agree.
CHAIRMAN COYLE: Give me a letter, I'll sign it. Just so that
you know, I'm still waiting for an answer to my question about, what
happened to the ten years of consultant reports and study which we
paid for and the City of Naples jointly funded with us that challenged
the data in these flood maps?
Now -- and I've often referred to this over the years as we go
through as the unending project. And it seems to me like it has ended
without our knowledge and without any resolution after spending all
of this time and money over a decade to challenge these FEMA flood
maps.
I don't have an explanation yet as to what happened and why.
MR. CASALANGUIDA: Would you like staff to prepare a
presentation for the board, sir?
CHAIRMAN COYLE: I think it would be a really, really good
idea. And as a matter of fact, you might want to provide us some
read-ahead information to see if it answers our questions. And if it
does, we don't need to have a board briefing. But if it doesn't, we
definitely need to know something about this, because this is
inexcusable. I've just never seen anything like this happen before.
COMMISSIONER COLETTA: In addition to the letter to be
going out to our federal congressional delegation, I'd like to also direct
the chair to write a commentary for the Naples Daily News. Our
residents need to be in the know. He's got plenty of time, so he can do
it, no problem.
MR. CASALANGUIDA: Good. Will do so.
Page 77
June 8, 2010
CHAIRMAN COYLE: I don't think you can direct the chairman
to do that.
COMMISSIONER HENNING: Right.
COMMISSIONER COLETTA: Let's give it a try.
COMMISSIONER HENNING: You can't.
COMMISSIONER COLETTA: Yeah, we can. Sure we can.
CHAIRMAN COYLE: I don't think you can direct to do that. I
don't have control over the Naples Daily News, an editorial.
COMMISSIONER COLETTA: Well, you can write it. They
might not run it.
MR. CASALANGUIDA: Anything else, Commissioners?
CHAIRMAN COYLE: Write me a commentary, and then I'll
look at that to see whether or not I agree with it.
MR. CASALANGUIDA: Very good.
CHAIRMAN COYLE: Okay. Anything else?
COMMISSIONER COLETTA: I don't know. That's about it.
CHAIRMAN COYLE: That's it, okay.
Commissioner Fiala, would you like to go next?
COMMISSIONER FIALA: I just wanted to say, Jim von Rinteln
was here. How--
MR. OCHS: Rinteln.
COMMISSIONER FIALA: Rinteln. I can never say that name.
And he just got a new job, didn't he?
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: And he's now going to be head of
the Red Cross. And I just wanted to say congratulations to him. That
was -- that's a wonderful achievement.
MR. OCHS: Yes. Well deserved.
COMMISSIONER FIALA: Thank you. That's it.
CHAIRMAN COYLE: Okay. Now, I'll get back to my Jackson
Labs report, and I'll try to make this brief, but I'm never quite
successful.
Page 78
June 8, 2010
Yeah, Commissioner Henning is in agreement with that. It's the
first time he's nodded his head today.
Last week I went to a Project Innovation meeting and listened to
a presentation by Price Waterhouse. They have a business unit which
concentrates specifically on healthcare and -- particularly on
personalized medicine, which is the corning waive of the future with
the genetic research that people are talking about in relation to Jackson
Labs, and they have -- they have stated that the current market for
personalized medicine in the United States is about $245 billion a
year, and it is expected to grow to 500 billion in ten years, so it's a
very, very rapidly growing segment of the economy.
The president of the University of Central Florida was president
-- or present, and she said that she would be delighted to have Jackson
Labs locate in her facility where there are other similar bio-research
organizations. But if Jackson Labs located here in Collier County, she
would definitely -- well, she said it would be very exciting to consider
locating a branch of her university here to be co-located with Jackson
Labs. So there is some indication of interest in clustering with the
Jackson Labs thing.
We expected to receive a business plan from Jackson Labs last
week, and we did not receive it. We think we might get something by
the end of the week. I am not optimistic that that is likely to happen,
and the reason -- it's nothing suspicious -- it is just this: Jackson Labs
is trying to work out -- or to do what is necessary to complete an
agreement with the state department or Office of Trade, Tourism, and
Economic Development in Tallahassee, because in order to get the
state money, Jackson Labs needs to agree to certain things.
And the business plan has been submitted to OTTED, that office
that will be negotiating with them, and allocating the money that the
state is going to provide. And Jackson Labs wants to make sure, in the
interest of consistency, that what is presented to us is exactly the same
as what is presented to OTTED. And so they want to get the OTTED
Page 79
June 8, 2010
negotiation and agreement signed so they can then present to us
something that is official which justifies the state allocations of
revenue and do it in the proper sequence.
And what they're really doing is exactly what we said we didn't
want to do early on in this process. We didn't want to get out in front
of the state and the governor and the legislature on approving this
thing, so we let it go through that process.
Well, now we're having to let it go through the OTTED
agreement process, and I'm not convinced it's going to happen as
quickly as everybody thinks.
So what I'm going to do is ask for an official communication of
the following information to Collier County from Jackson Labs:
Number one, the amount of money that they themselves are going to
be investing in this project, the number of jobs they will create and
when they will create them, and the amounts of money they need from
Collier County and the State of Florida, and when will they need that
money. So the schedule of payouts on the money, schedule of
meeting certain milestones like jobs, and the schedule for building and
-- completing the building.
So I'll be asking for that information in a separate letter if we
cannot get the entire business plan by the end of the week.
But bear in mind, we're working through this with the
Productivity Committee. The Productivity Committee is getting
involved in a lot of issues, and we hope that some of them, like the
economic verification of the project, will be completed soon, but it
cannot be finally completed until we get a complete business plan.
So that's where we are. And like most things the government
gets involved in, it is a little slower than any of us would like. But the
staff is continuing to work through potential funding options. The
Productivity Committee is looking at that. It is a very, very complex
thing, because the guidance we have given them is that whatever
funding options are considered or recommended, we want to make
Page 80
June 8, 2010
sure they are the ones that result in the fairest method of spreading the
cost in Collier County. We don't want to saddle any particular
segment of our population with an inequitable portion of any funding.
And the funding is not going to be anywhere near the maximum
5.9 percent on any kind of utility franchise fee. That would be, in my
opinion, excessive. It is unnecessary, and it's unfortunate that that
rumor got spread by appearing in the newspaper.
But in any event, that's where we are right now, and we'll keep
meeting with the Productivity Committee probably on a weekly basis
until we hammer out all this stuff.
Any questions?
And one more thing. Let me emphasize, we are going to do that
bus trip for the public on the -- June the 18th, going up to Burnham,
near Orlando, to view what has happened up there with a similar
research cluster and give community leaders an opportunity to see that
and make an assessment of what's going on there.
And we -- we're prepared to take the commissioners wherever the
commissioners want to go in a way that does not violate the Sunshine
Law and that doesn't increase our expenses. So hitchhiking is
probably going to be one of the ways to deal with that.
Any questions?
(No response.)
CHAIRMAN COYLE: Okay. Then I've finished.
Is there a motion --
COMMISSIONER HENNING: And motion to adjourn.
CHAIRMAN COYLE: -- to adjourn, by Commissioner Henning,
seconded by Commissioner Coyle.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
Page 81
June 8, 2010
CHAIRMAN COYLE: Thank you. Oh, we will be continuing
the LDC hearing at one o'clock this afternoon, which was postponed --
which was continued from last week, and so we'll be back in session
for that particular hearing at one o'clock this afternoon. And we'll
expect to finish by 1 :45.
Item #16A1
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR CAMERON COMMONS - W /RELEASE OF ANY
UTILITIES PERFORMANCE SECURITY
Item #16A2
RESOLUTION 2010-114: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF LEA WOOD LAKES WITH THE
ROADWAY AND DRAINAGE IMPROVEMENTS BEING
PRIV ATEL Y MAINTAINED - W/RELEASE OF THE
MAINTENANCE SECURITY
Item # 16A3
RECORDING THE FINAL PLAT OF AVE MARIA UNIT 9,
PARCEL 105 LOTS 11-18, LOTS 29-40 REPLAT - DEVELOPER
MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC
FACILITIES PRIOR TO THE ISSUANCE OF A CONSTRUCTION
PLAN FINAL APPROVAL LETTER
Item #16A4
RECORDING THE FINAL PLAT OF AVE MARIA UNIT 11, DEL
Page 82
June 8, 2010
WEBB AT AVE MARIA, PARCELS 106, 110, 112, 113 & 115-
DEVELOPER MUST RECEIVE A CERTIFICATE OF
ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE
OF A CONSTRUCTION PLAN FINAL APPROV AL LETTER
Item # 16A5
BID #10-5424, RECORDS MANAGEMENT SERVICES TO
VITAL RECORDS CONTROL, LLC FOR AN ESTIMATED
ANNUAL EXPENDITURE NOT TO EXCEED $90,000 FOR
STORAGE AND RETRIEV AL OF BUILDING AND LAND
DEVELOPMENT SERVICES DEPARTMENT RECORDS -
PROVIDING NEXT DA Y DELIVERY FROM THEIR FACILITY
LOCATED OFF OF METRO P ARKW A Y IN LEE COUNTY
Item #16A6
PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND
UTILITY EASEMENT (PARCEL NO. 169RDUE) REQUIRED
FOR THE EXPANSION OF GOLDEN GATE BOULEVARD
FROM TWO LANES TO FOUR LANES BETWEEN WILSON
BOULEVARD AND DESOTO BOULEVARD - LOCATED ON
THE NORTH SIDE OF GOLDEN GATE BLVD, UNIT 14
Item #16A7
AFTER THE FACT SUBMITTAL OF A WETLANDS RESERVE
ENHANCEMENT PROGRAM GRANT APPLICATION TO THE
UNITED STATES DEPARTMENT OF AGRICULTURE FOR A
GRIFFIN ROAD STORM WATER IMPROVEMENT PROJECT -
CONSTRUCTED ON THE ROOKERY BAY NATIONAL
ESTUARINE RESEARCH RESERVE PROPERTY
Page 83
June 8, 2010
Item #16A8 - Withdrawn (Per Agenda Change Sheet)
CHANGES TO THE DRUG FREE WORKPLACE POLICY IN
THE PERSONNEL MANUAL FOR THE EMPLOYEES OF
COLLIER AREA TRANSIT IN ORDER TO COMPLY WITH
FLORIDA TRANSIT ADMINISTRATIONS REGULATIONS
Item # 16A9
PURCHASE OF A PARCEL OF LAND AND DECLARATION OF
A PUBLIC RIGHT -OF - WAY-FOR THE EXPANSION OF
IMMOKALEE ROAD FROM TWO LANES TO SIX LANES
Item #16A10
RESOLUTION 2010-115: 2010/2011 TRANSPORTATION
DISADV ANT AGED TRIP & EQUIPMENT GRANT
AGREEMENT FM #20724618401/20724638401 AND
RESOLUTION AUTHORIZING THE AGREEMENT FOR A
TOTAL PROJECT COST OF $652,703 - THE DISBURSEMENT
SCHEDULE WILL BE $49,104.00 FOR JULY 2010 AND
$48,939.00 EACH MONTH FROM AUGUST 2010 THROUGH
JUNE 2011
Item #16A11
QUITCLAIM DEED FROM THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT IN ORDER TO PROVIDE LEGAL
ACCESS TO THE PUBLIC ROAD NETWORK FOR THE
BENEFIT OF THE OWNERS OF PROPERTIES LOCATED
ALONG LAKESHORE DRIVE, SOUTH OF THE SUBDIVISION
Page 84
June 8, 2010
OF LAKE TRAFFORD SHORES IN IMMOKALEE
Item #16A12
SUBMIT A PROGRAM OF PROJECTS FOR GRANT
APPLICATIONS FOR THE FEDERAL TRANSIT
ADMINISTRATION SECTIONS 5307 FY 10 AND 5309 FY 09/1 0
AVAILABLE GRANT FUNDS - FOR ROLLING STOCK
REPLACEMENT, PREVENTIVE MAINTENANCE AND BUS
ROUTE OPERATIONS
Item #16C1
BUDGET AMENDMENT IN THE AMOUNT OF $900,000
TRANSFERRING FUNDS FROM THE MANDA TORY TRASH
COLLECTION FUND RESERVES TO THE DISTRICT I FY10
OPERATING EXPENSE BUDGET TO PAY FOR DISPOSAL
COSTS OF RESIDENTIAL CURBSIDE SOLID WASTE AT THE
COLLIER COUNTY LANDFILL - TO COVER AN OPERATING
EXPENSE SHORTFALL
Item #16D1
BUDGET AMENDMENT IN THE AMOUNT OF $14,175.09 TO
RECOGNIZE REVENUE AND APPROPRIATE EXPENDITURES
FROM COLLECTION OF CO-PAYMENTS & CONTRIBUTIONS
FROM THE COLLIER COUNTY SERVICES FOR SENIOR'S
PROGRAM - TO PAY FOR ADDITIONAL SERVICES AND
CASE MANAGEMENT
Item # 16D2
Page 85
June 8,2010
ANNUAL REPORTS FOR YEARS 2005 THROUGH 2009 TO THE
FLORIDA DEPARTMENT OF HIGHWAY SAFETY MOTOR
VEHICLES FOR THE CHOOSE LIFE SPECIALTY LICENSE
PLATE AND A BUDGET AMENDMENT TO RECOGNIZE
REVENUE IN THE AMOUNT OF $79,561.45 AS PROCEEDS
FROM THE SALE OF CHOOSE LIFE SPECIALTY LICENSE
PLATES
Item #16D3
INVITATION TO BID (ITB) #10-5412 FOR VETERINARY
MEDICAL SUPPLIES AND EQUIPMENT TO SEVEN
PROVIDERS: ALLIANCE MEDICAL, INC. (DBA ALLMED),
BUTLER ANIMAL HEALTH SUPPLY LLC (DBA BUTLER
SCHEIN ANIMAL HEALTH SUPPLY), MERRITT VET
SUPPLIES, MWI VETERINARY SUPPLY, SCHOOL HEALTH
CORPORATION, TW MEDICAL VETERINARY SUPPLY, AND
WEBSTER VETERINARY SUPPLY, INC. IN NO PARTICULAR
ORDER. (ESTIMATED ANNUAL EXPENSES: $75,000) - FOR
THE TREATMENT AND CARE OF ANIMALS AT DOMESTIC
ANIMAL SERVICES
Item #16D4
GRANT RELATED EXPENDITURES IN EXCESS OF $50,000
UNDER THE DISASTER RECOVERY INITIATIVE PROGRAM
TO FUND SUBSTANTIAL REHABILITATION ACTIVITIES FOR
A SINGLE F AMIL Y RESIDENTIAL DWELLING UNIT.
FUNDING WILL ENSURE CORRECTION OF CURRENT CODE
ENFORCEMENT VIOLATIONS, COMPLIANCE WITH
COLLIER COUNTY BUILDING CODE REGULATIONS,
GRANTOR AGENCY REQUIREMENTS AND FURTHER THE
Page 86
June 8, 2010
GOALS AND OBJECTIVES OF THE HOUSING ELEMENT OF
THE GROWTH MANAGEMENT PLAN - FOR DAMAGES
CAUSED BY HURRICANE WILMA IN 2005
Item #16D5
INVITATION TO BID (ITB) #10-5438R PURCHASE AND
DELIVERY OF ULTRASOUND SYSTEM TO PHILLIPS
HEALTH CARE IN THE AMOUNT OF $74,720, WHICH
INCLUDES ANNUAL MAINTENANCE FEES FOR FOUR
YEARS AFTER THE ONE YEAR WARRANTY - TO ASSIST
WITH HEALTH CARE FOR THE INDIGENT POPULATION
COLLIER COUNTY
Item # 16D6
FIVE (5) LIEN AGREEMENTS FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED
AFFORDABLE HOUSING DWELLING UNITS LOCATED IN
COLLIER COUNTY. APPROVAL OF THIS ITEM WILL
TRANSFER PREVIOUSLY APPROVED DEFERRAL
AGREEMENTS FROM DEVELOPER TO OWNER OCCUPANTS
WITH A CONTINUING FISCAL IMPACT OF $75,576.30 - LOT
68 LIBERTY LANDING ($15,246.26), LOT 132 LIBERTY
LANDING (15,246.26), LOT 129 LIBERTY LANDING
($15,246.26), LOT 130 LIBERTY LANDING ($15,246.26) AND
LOT 1 REGAL ACRES ($14,591.26)
Item # 16D7
BID #10-5480 TO KELLY BROTHERS, INC., FOR THE
CONSTRUCTION CONTRACT OF THE BA YVIEW PARK
Page 87
June 8, 2010
PHASE I PROJECT #80060.1 IN THE AMOUNT OF $337,959-
TO REPLACE AN EXISTING SEAWALL, WIDEN THE
EXISTING BOAT RAMP, AND INSTALL A NEW FIXED BOAT
DOCK AND NEW FLOATING BOAT DOCK WITH AN ADA
ACCESSIBILITY RAMP
Item #16D8
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 # 16D9
A LETTER ENCOURAGING FLORIDA HOUSING FINANCE
CORPORATION TO MAINTAIN THE AFFORDABILITY OF
RENTAL APARTMENT DEVELOPMENTS FOLLOWING
FORECLOSURE SALES INITIATED BY THE CORPORATION
AND A REPORT OF OPTIONS AVAILABLE TO COLLIER
COUNTY TO MAINTAIN THE AFFORDABILITY OF RENTAL
AP ARTMENT DEVELOPMENTS THAT MAYBE THE
SUBJECT OF FUTURE FORECLOSURE PROCEEDINGS - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16D10
SECOND AMENDMENT TO A LEASE AGREEMENT WITH
NAPLES ZOO, INC. MODIFING THE LEASE BOUNDARIES
RECOGNIZING A LAND SWAP WHICH CHANGES THE
LEASE PROPERTY FROM 43.52 TO 44.1 ACRES PLUS/MINUS
Page 88
June 8, 2010
Item #16El
RFP #10-5477 ARBITRAGE REBATE REQUIREMENTS FOR
COLLIER COUNTY TO PFM ASSET MANAGEMENT LLC IN
AN ESTIMATED ANNUAL AMOUNT OF $50,000 - FOR AN
INITIAL THREE YEAR PERIOD WITH TWO ADDITIONAL
ONE YEAR EXTENSIONS
Item # 16E2
BUDGET AMENDMENT RECOGNIZING AND
APPROPRIATING AN INSURANCE REFUND IN THE AMOUNT
OF $77,900 - REIMBURSEMENT FOR EMERGENCY REPAIRS
FOR A WATER LINE BREAK AT THE NAPLES JAIL KITCHEN
Item # 16E3
REPORTS AND RATIFY STAFF-APPROVED CHANGE
ORDERS AND CHANGES TO WORK ORDERS - FOR THE
PERIOD OF APRIL 21, 2010 THROUGH MAY 18,2010
Item #16Fl - Moved to Item #10D (Per Agenda Change Sheet)
Item # 16F2
RESOLUTION 2010-116: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2009-10 ADOPTED
BUDGET
Item #16F3
Page 89
June 8, 2010
COLLIER COUNTY'S PARTICIPATION IN THE FLORIDA
DEPARTMENT OF REVENUES TAX AMNESTY PROGRAM
FOR LOCAL OPTION TOURIST DEVELOPMENT TAX
COLLECTION - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16Hl
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE 8TH ANNUAL PARADISE COAST
TOURISM AWARDS LUNCHEON AT THE NAPLES BEACH
HOTEL ON MAY 13,2010 IN NAPLES, FL. $30 TO BE PAID
FROM COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16H2
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED LUNCH WITH THE POLICE CHIEF-
MARCO POLICE FOUNDATION AT THE ISLAND COUNTRY
CLUB ON MARCO ISLAND, FL ON MAY 19,2010. $22 TO BE
PAID FROM COMMISSIONER FIALA'S TRA VEL BUDGET -
LOCATED AT 1083 NORTH COLLIER BLVD, #123
Item #16H3
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE EAST NAPLES CIVIC
ASSOCIATION MONTHLY LUNCHEON ON MAY 20, 2010 AT
HAMILTON HARBOR YACHT CLUB IN NAPLES, FL. $18 TO
Page 90
June 8, 2010
BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16H4
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. WILL ATTEND THE ECONOMIC DEVELOPMENT
COUNCIL POST LEGISLATIVE DELEGATION LUNCHEON ON
JUNE 9, 2010 AT THE CLUB AT THE STRAND IN NAPLES, FL.
$25 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL
BUDGET - LOCATED AT 5840 STRAND BLVD
Item # 16H5
PROCLAMATION DESIGNATING JUNE 13,2010 THROUGH
JUNE 19,2010 AS MOTE MARINE LABORATORY WEEK.
MAILED TO ANGELA MILLER, MOTE MARINE
LABORATORY. SPONSORED BY COMMISSIONER COYLE-
ADOPTED
Item #16H6
PROCLAMATIONS PRESENTED TO CALUSA PARK, LEL Y
ELEMENTARY, LAKE PARK ELEMENTARY AND GOLDEN
TERRACE ELEMENTARY FOR THEIR "STAR GIVERS"
PROGRAM. PRESENTED TO KAREN CONLEY AFTER BCC
APPROVAL. SPONSORED BY COMMISSIONER HENNING -
ADOPTED/PRESENTED
Item #1611
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
Page 91
June 8, 2010
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 92
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
June 8, 2010
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Districts:
1) Verona Walk Community Development District:
Proposed FY 2010/20 II Budget.
B. Minutes:
1) Collier County Citizens Corps:
Agenda of March 17,2010.
Minutes of March 17,2010.
2) Collier County Code Enforcement Board:
Minutes of March 25, 2010.
3) County Government Productivity Committee:
Agenda of September 16. 2009; October 21, 2009; November 18,
2009; December 16, 2009; January 20, 2010; February 17,2010;
March 17,2010;
Minutes of September 16, 2009; October 21,2009; November 18,
2009; December 16, 2009; January 20, 2010; February 17,2010;
March 17,2010.
4) Immokalee Enterprise Zone Develooment Agency:
Agenda of November 18, 2009; February 17, 2010; March 17,2010;
April 21, 2010.
Minutes of November 18, 2009; February 17,2010; March 17,2010.
5) Immokalee Local Redevelopment Advisory Board:
Agenda of November 18, 2009; February 17,2010; March 17,2010;
April 21, 2010.
Minutes of November 18, 2009; February 17,2010; March 17,2010.
6) Immoka1ee Master Plan and Visioning Committee:
Agenda of November 18, 2009 joint w/CRA; December 16, 2009
joint w/CRA and EZDA.
Minutes of October 21, 2009 joint w/CRA and EZDA; November 8,
2009 joint w/CRA; December 16, 2009 joint w/CRA and EZDA.
7) Pelican Bay Services Division Board:
Minutes of March 31, 2010 joint workshop wlFoundation Strategic
Planning Committee; April 5, 2010 Town Hall Meeting.
June 8, 2010
Item #1611
SUBMISSION OF THE STATE REVENUE SHARING
APPLICATION FOR THE FISCAL YEAR FY 2010-2011
Item #16J2
AFTER THE F ACT APPROVAL DESIGNATING THE SHERIFF
AS OFFICIAL APPLICANT AND POINT OF CONTACT FOR
THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE
PROGRAMS, BUREAU OF JUSTICE ASSISTANCE FYI0
HUMAN TRAFFICKING TASK FORCE CONTINUATION
GRANT, ELECTRONIC SUBMISSION OF THE APPLICATION,
ACCEPTCE OF THE GRANT WHEN A WARDED, AND
ASSOCIATED BUDGET AMENDMENTS - THE ONLINE
GRANT SUBMITTAL NEEDED TO BE COMPLETED BY
FRIDAY, MAY 21. 2010
Item # 1613
BOARD OF COUNTY COMMISSIONERS SERVING AS THE
LOCAL COORDINATING UNIT OF GOVERNMENT FOR THE
FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S
FEDERAL FISCAL YEAR 2010 EDWARD BYRNE MEMORIAL,
JUSTICE ASSISTANCE GRANT (JAG) COUNTYWIDE
PROGRAM, TO EXECUTE THE CERTIFICATION OF
PARTICIPATION, DESIGNATING THE SHERIFF AS OFFICIAL
APPLICANT AND SHERIFF'S OFFICE STAFF AS GRANT
FINANCIAL AND PROGRAM MANAGER, APPROVE THE
GRANT APPLICATION WHEN COMPLETED, ACCEPT
AWARDS AND APPROVE ASSOCIATED BUDGET
AMENDMENTS - FUNDING SALARIES AND BENEFITS FOR
Page 93
June 8, 2010
A DETECTIVE/INVESTIGATOR AND A COMPUTER
FORENSIC ANAL YST AND ASSOCIATED TRAINING AND
PROJECT COSTS
Item #16J4
DISBURSEMENTS FOR THE PERIOD OF MAY 15,2010
THROUGH MAY 21,2010 AND SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16J5
DISBURSEMENTS FOR THE PERIOD OF MAY 22,2010
THROUGH MAY 28,2010 AND SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16Kl
MEDIATION SETTLEMENT PRIOR TO TRIAL IN THE
LAWSUIT ENTITLED MADELINE BUONOMO V COLLIER
COUNTY, FLORIDA, FILED IN THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR
THE SUM OF $52,500 - RELATING TO AN ACCIDENT AT
VINEYARDS PARK ON NOVEMBER 2, 2008
Item # 16K2
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$130,000 FOR PARCEL 804 IN THE LAWSUIT STYLED
COLLIER COUNTY V MYRTLE COVE, INC., ET AL., CASE NO.
07-5038-CA (LEL Y AREA STORMW ATER IMPROVEMENT
PROJECT NO. 51101.1) (FISCAL IMPACT $74,250) - FOR
Page 94
June 8, 2010
CONSTRUCTION OF A MAINTENANCE ROAD ALONG A
RECENTLY ENLARGED DRAINAGE CANAL
Item # 16K3
SETTLEMENT PRIOR TO COURT-ORDERED MEDIATION IN
THE LAWSUIT ENTITLED DOUGLAS BELANGER, SR. AS
PARENT AND NATURAL GUARDIAN OF DOUGLAS BELANGER,
JR., A MINOR V COLLIER COUNTY BOARD OF
COMMISSIONERS, FILED IN THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR
THE SUM OF $8,000 - RELATING TO AN INJURY THAT
OCCURRED AT NORTH COLLIER REGIONAL PARK ON
OCTOBER 13, 2007
Item #16K4
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$501,000 FOR PARCELS 126FEE AND 126TCE IN THE
LAWSUIT STYLED COLLIER COUNTY V. ALEXANDER
CHRISTOU, INC., ET AL., CASE NO. 07-4923-CA (SANTA
BARBARA BOULEVARD EXTENSION PROJECT NO. 60091)-
FORA ROAD RIGHT-OF-WAY AND A TEMPORARY
CONSTRUCTION EASEMENT
Item # 16K5
COUNTY ATTORNEY TO ADVERTISE AN ORDINANCE FOR
FUTURE BOARD CONSIDERATION WHICH WOULD
AUTHORIZE AND REGULATE THE USE OF TRAFFIC
INFRACTION DETECTORS CONSISTENT WITH RECENT
PASSAGE OF HB 325, WHICH ESTABLISHED STATEWIDE
Page 95
June 8,2010
LEGISLATION REGULATING RED LIGHT CAMERAS,
KNOWN AS THE "MARK W ANDALL TRAFFIC SAFETY ACT"
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 11 :35 a.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
7uLw. ~
FRED COYLE, Chairman
ATTEST
DW~~9:gI~,~E. ~,~OCK, CLERK
,:i~f~DIlJ (.
~:~ ',- ,', I:'i:;'~' ~ ~~, ~ ~<Q0 f:5L-
-<. ",::"'i .-.
-';"',',,' Ab~.i.:i"';,: j" I '
v" '~1 '''', ,J;. .)~ -""'4 .-'.- .
L;: ~.:lI" III - . .....'-j>:- .. .....
Th~~6;:" "il~~ approved by the Board on21JJ~20Io, as presented
or as corrected .
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 96