BCC Minutes 11/09/2010 R
November 9,2010
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, November 9,2010
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board( s) of such
special districts as have been created according to law and having
conducted business herein, met on this date at 9: 00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: Fred Coyle
Jim Coletta
Donna Fiala
Frank Halas
Tom Henning
ALSO PRESENT:
Leo Ochs, County Manager
Michael Sheffield, Business Operations Manager
Jeffrey A. Klatzkow, County Attorney
Ian Mitchell, BCC Executive Manager
Crystal Kinzel, Office of the Clerk of Courts
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AIRPORT AUTHORITY
AGENDA
November 9, 2010
9:00 AM
Fred W. Coyle, BCC Chairman Commissioner, District 4
Frank Halas, BCC Vice-Chairman Commissioner, District 2
Jim Coletta, BCC Commissioner, District 5, CRAB Vice-Chairman
Donna Fiala, BCC Commissioner, District 1, CRAB Chairman
Tom Henning, BCC Commissioner, District 3
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE
COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA
ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE
UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE
CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
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November 9, 2010
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Marty Moon - Gospel Baptist Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
B. October 12,2010 - BCC/Regu1ar Meeting Minutes
C. October 13,2010 - BCC/Pre-Legislative Session Workshop
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
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November 9, 2010
1) Michael O'Hara, Wastewater
B. 25 Year Attendees
1) Georgina Mausen, Risk Management
2) Alamar Finnegan, Growth Management-Operations
C. Advisory Committee Service Awards
5 Years
1) Larry D. Mieszcak, Collier County Code Enforcement Board
10 Years
2) George E. Fogg, Forest Lakes Roadway & Drainage Advisory Board
3) William E. Arthur, Golden Gate Community Center Advisory Board
4) William J. Dempsey, Historical/Archaeological Preservation Board
4. PROCLAMATIONS
A. Proclamation designating November 2010 as Baby Basics of Collier County
Florida Month. To be accepted by Jean Ann Lynch and Sandra Buxton.
Sponsored by Commissioner Henning.
B. Proclamation designating November 10,2010 as Corporal Robert John
Newton Day in Collier County in memory of his service to our Country. To
be accepted by Robert and Linda Newton, Jerry VanHecke and Jack
Mischung. Sponsored by Commissioner Fiala.
c. Proclamation designating November 2010 as Diabetes Awareness Month.
To be accepted by LaVerne Franklin, Tonicia Morgan, Keith Upson, Akita
Cannon, and Paul Getter. Sponsored by Commissioner Henning.
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November 9, 2010
D. Proclamation designating November 15,2010 as America Recycles Day in
Collier County. To be accepted by Dan Rodriguez, Solid Waste
Management Director, and staff from Solid Waste Management, Pollution
Control Department and Utility Billing and Customer Service. Sponsored by
Commissioner Coletta.
E. Proclamation designating November 8 through November 14,2010 as
National Drug Facts Week. To be accepted by Anne Frazier, Marla Ramsey,
Maribel De Armas, and Chief Scott Salley. Sponsored by Commissioner
Fiala.
F. Proclamation designating November 21 through November 27,2010 as
Farm-City Week. To be accepted by Cyndee Woolley, Jessica Macera,
SheriffRambosk, Russell Budd, and Steven Kissinger. Sponsored by
Commissioner Coletta.
G. Proclamation designating November 15 through 21,2010 as Lacrosse Week
in Collier County. To be accepted by Ralph Pryor, Sports Marketing
Coordinator. Sponsored by Commissioner Halas.
H. Proclamation designating Veterans Day (November 11,2010) as a day of
remembrance. To be accepted by Rick Torres, Manager, Veterans Services.
Sponsored by Commissioner Halas.
5. PRESENTATIONS
A. Presentation of the Collier County "Business of the Month" award to
MediaBrains, Inc. for November 2010. To be accepted by Joseph Buckheit,
CEO.
6. PUBLIC PETITIONS
A. Public Petition request from Jim Gaitens representing the Naples
International Festival sponsored by St. Peter the Apostle Church, requesting
approval to sell beer at Sugden Park on February 26 and 27,2011.
B. Public petition request from Dylan Caldwell asking the Collier County
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November 9, 2010
Airport Authority to allow a private glider launch operation (Cross Country
Soaring) to operate for three months this winter at the Immokalee Airport.
Item 7 and 8 to be heard no sooner than 1:00 D.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item continued to the December 14~ 2010 BCC meeting: at stafrs
reQuest. This item reQuires that all participants be sworn in and ex
parte disclosure be provided bv Commission members. Collier Davis,
LLC, represented by Robert Andrea of Coastal Engineering Consultants,
Inc., is requesting a rezone from the Estates (E) zoning district to the Mixed
Use Planned Unit Development (MPUD) zoning district for a project to be
known as the Davis Reserve MPUD to allow for the development a
maximum of 234 dwelling units including affordable housing and a
maximum of 35,000 square feet of commercial retail and office uses. The
subject property, consisting of 22.83 acres, is located in the southeast
quadrant of the intersection of Davis Boulevard and County Barn Road, in
Section 8, Township 50 South, Range 26 East, Collier County, Florida.
(Related to Item #16A4)
9. BOARD OF COUNTY COMMISSIONERS
A. Discussion of potential complaint concerning paramedic testing
irregularities. (Commissioner Coyle)
B. Solicit understanding of County Commissioner intent in creating Rural
Lands Stewardship Area (RLSA) as an incentive based program to front load
public benefits with the expectation of finding a market to sell credits
received in exchange for stripping development rights from the land upon
which public benefits are created. (Commissioner Coletta)
C. The filling of the Vice Chair position on the Board of County
Commissioners. (Commissioner Halas)
10. COUNTY MANAGER'S REPORT
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November 9, 2010
A. Recommendation to approve and authorize the Chairman to sign the FY
2010-11 Agreement with the David Lawrence Mental Health Center, Inc. for
the County to provide funding in the amount of$1,034,195. (Marla Ramsey,
Public Services Administrator)
B. Recommendation to approve the Stakeholder Meeting schedule to provide
adequate public input into the development of the Watershed Management
Plans. (Nick Casalanguida, Deputy Administrator, Growth Management)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DIVISION
1) Recommendation to approve final acceptance of the water utility
facility for Heritage Bay Maintenance Facility, 10255 Heritage Bay
Boulevard and to authorize the County Manager, or his designee, to
release any Utilities Performance Security to the Project Engineer or
the Developer's designated agent.
2) Recommendation to waive fines in excess of $3.7 million, and release
two Code Enforcement liens, consistent with the Board's direction
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November 9, 2010
during the May 11, 2010 meeting relating to the Bayshore Club (also
known as Arboretum Village).
3) Recommendation to approve a budget amendment recognizing actual
carryforward in excess of budget in the amount of$140,947 within
Transportation Fund (101) and moving these dollars to the newly
created Right-Of-Way Permitting Fund (102) in order to establish
sufficient beginning budget and cash for operations.
4) Recommendation to approve a request to remand to the Collier
County Planning Commission (CCPC) for reconsideration of the
rezoning petition, number PUDZ-2004-AR-6829, Petitioner: Collier
Davis, LLC, who is requesting a rezone from the Estates (E) zoning
district to the Mixed Use Planned Unit Development (MPUD) zoning
district for a project to be known as the Davis Reserve MPUD.
5) Recommendation to approve Change Order No.1 in the amount of
$90,300.00 for Contract No. RFQ-08-5011-17 Forest Lakes Bond
Project F-56 South Woodshire Blvd. Drainage Swale Piping and
Restoration.
6) Recommendation to grant final approval of the roadway (public) and
drainage improvements for the final plat of Lely Resort Phase Two
Lely Cultural Parkway Four Lane Expansion, with the roadway and
drainage improvements being maintained by Collier County.
7) Recommendation to accept the donation of a drainage easement
between 40th Street NE and the F AKA Union Canal in Unit 43 of
Golden Gate Estates. (Fiscal Impact: Recording fees not to exceed
$40)
8) Recommendation to award Bid #10-5503 Installation and
Maintenance of Traffic Signals and Roadway Lighting to Southern
Signal & Lighting, Inc. as the primary contractor and E.B. Simmonds,
Inc. as the secondary contractor, for estimated annual expenditures of
$950,000.
9) Recommendation to accept a Speed Limit Study Report and adopt a
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November 9,2010
Resolution of the Board of County Commissioners of Collier County,
Florida, authorizing a speed limit decrease from forty-five miles per
hour (45 mph) to thirty-five miles per hour (35 mph) on Lake Trafford
Road from SR 29 (N 15th St) to Carson Road, at a cost of
approximately $600.
10) Recommendation to approve a Work Order for a construction project
to Bonness, Inc. for the Progress A venue/Livingston Road
Intersection Improvements in the amount of$210,663.74, Contract
No. 09-5197, Project No. 60188.
11) Recommendation to award contract for ITB No. 10-5573, Traffic Sign
Materials and Related items," to multiple firms, in the estimated
annual amount of $75,000.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation for the Community Redevelopment Agency (CRA)
to approve and execute a Commercial Building Improvement Grant
Agreement between the CRA and a Grant Applicant within the
Bayshore Gateway Triangle area. (3570 Bayshore Drive, $1,498)
2) Recommendation for the Community Redevelopment Agency (CRA)
to approve and execute a Commercial Building Improvement Grant
Agreement between the CRA and a Grant Applicant within the
Bayshore Gateway Triangle area. (2479 Kirkwood Avenue, $15,715)
3) Recommendation to approve the expenditure of Bayshore
Beautification MSTU funds for emergent services per Bid No. 10-
5387 for Bayshore Beautification MSTU Roadway Grounds
Maintenance (Fund 163 Fiscal Impact: Estimated Annual Expenditure
$25,000).
4) Request that the Collier County Community Redevelopment Agency
(CRA) approve the application and recipient agreement for the
Immokalee CRA Commercial Facade Improvement Grant Program
for reimbursement of$19,954 for facade improvements to Florida
Specialties, LLC located at 601 East Main Street in Immokalee,
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November 9, 2010
Florida which is owned by 328 Partners I, LLC dba Florida
Specialties, LLC.
C. PUBLIC UTILITIES
1) Recommendation that the Board direct the Chairman to provide after-
the-fact approval for the submittal of a Pre-Disaster Mitigation grant
application to the State of Florida, Division of Emergency
Management, to install hurricane shutters and supporting equipment
on the North County Regional Water Treatment Plant for the total cost
of$30,634.21. The federal grant would be for $22,975.66 with a local
share of$7,658.55. The local share would be funded from Fund 412
with the NCRWTP Technical Support Project, Project #71066.
2) Recommendation to award Bid No. 10-5516, in the amount of
$199,800, to International Baler Corporation to furnish and install a
horizontal baler at the Naples Recycling Center, Project Number
59003.
D. PUBLIC SERVICES
1) Recommendation to approve the Release, Waiver of Liability, and
Indemnity Agreement for the donation of skate park ramps from the
Greater Marco Family YMCA, Inc. and authorize a budget
amendment in the amount of $40,000 to be used for improvements at
Immokalee Community Park for site work and to prepare a concrete
slab for placement of the ramps.
2) Recommendation to approve and authorize the Chairman to sign an
agreement between the Collier County Board of County
Commissioners and the Area Agency on Aging of Southwest Florida,
sign the attached Attestation Statement and Verification of Emergency
Preparedness Statement, and approve a budget amendment to
recognize the grant revenue in the amount of $41,470 for the Nutrition
Services Incentive Program (NSIP).
3) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a revised agreement with the
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November 9, 2010
Agency for Health Care Administration in the amount of $2,270,91 I
to participate in the Medicaid Low Income Pool Program for services
provided on behalf of the Housing, Human and Veteran Services
Department in order to generate an additional $340,637 in Federal
matching funds.
4) Recommendation for approval for a Coastal Partnership Initiative
(CPI) grant application to the Department of Environmental
Protection for a Dune Restoration Project in the Clam Bay Park area.
5) Recommendation to reject four (4) bids received for Invitation to Bid
10-5554 NSP Lawn Care Program and approve award for Invitation to
Bid 10-5554-R (rebid) NSP Lawn Care Program to Oliva Enterprises
and Southwest Florida Landscape for activities to be funded under the
Neighborhood Stabilization Program (approximate annual spending:
$100,000).
6) Recommendation to approve and authorize the Chairman to sign two
(2) Subrecipient Agreements for the Community Development Block
Grant (CDBG) and Home Investment Partnership Program (HOME)
projects previously approved for Department of Housing and Urban
Development (HUD) funding in the 2010-2011 Action Plan.
7) Recommendation to accept the Retired and Senior Volunteer Program
(RSVP) grant award and approve a budget amendment to recognize
the grant revenue in the amount of$68,152.
8) 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 $74,266.30.
9) Recommendation to award Bid #10-5558, Commercial Pool Care
Program to Commercial Energy Specialists, Inc., in an amount not to
exceed $75,000, to provide preventative maintenance services at
County-owned and operated pools.
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November 9, 2010
10) Recommendation to approve and authorize the Chairman to sign four
(4) releases of liens for deferral of 100 percent of Collier County
impact fees for owner occupied affordable housing dwelling units.
11) Recommendation to reject the solicitation (ITB) 10-5568 for Fitness
Equipment Repair and Purchase and the associated proposals that
were submitted and authorize the Purchasing Department to re-solicit
for the services. The FY 2011 fiscal impact associated with this
solicitation is $17,500.
12) Recommendation to approve a contract with Alex's Pool Heating &
Air Conditioning, LLC for $64,300, to install new pool heaters
associated with Immokalee Sports Complex and to authorize the
necessary budget amendments appropriating funds for this purpose.
13) Recommendation to approve and authorize the Chairman to sign a
modification to Disaster Recovery Initiative Agreement #07DB-3V-
09-21-0 1-Z0 1 between the Florida Department of Community Affairs
and Collier County. This modification will extend the grant period
and update associated project work plans.
E. ADMINISTRATIVE SERVICES
1) Recommendation to authorize the Chairman to sign the First
Amendment to the Starnes Cattle Lease Agreement and a US
Department of Agriculture Control of Agricultural Land Agreement,
which would result in an annual savings to Collier County of
approximately $5,633.
2) Recommendation to select the Naples Daily News as the news media
source to advertise delinquent real estate or property taxes (estimated
annual advertising cost: $90,000).
3) Recommendation to ratify Property, Casualty, Workers Compensation
and Subrogation Claims settled and/or closed by the Risk
Management Director pursuant to Resolution #2004-15 for the fourth
quarter of FY 10.
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November 9, 2010
4) Recommendation to approve and execute an Agreement to provide the
Collier County Parks and Recreation Department funding for the
expansion of the Community Center located at Max Hasse
Community Park which is located at 3390 Golden Gate Boulevard
West in Golden Gate Estates. The amount to be provided is to be 60%
of the total cost of the project, not to exceed $300,000.
5) Recommendation to terminate the contract with EZ Lock Shutters &
Glass Inc. and award bid #10-5457 for the purchase and installation of
Roll Down Shutters for Collier Area Transit (CAT) Transfer Station
and other County Facilities to Storm Smart Building Systems, Inc., in
the amount of $198,311.
6) Recommendation to authorize the necessary Budget Amendments for
the emergency replacement of the Simplex Fire Alarm System at the
Naples Regional Library, in the amount of$37,598.
7) Recommendation to accept reports and ratify staff-approved change
orders and changes to work orders.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve American Eurocopter as the sole source
provider of parts for the County's air ambulance helicopter for a
period of five (5) years ending September 30,2015, at an estimated
cost of $200,000 annually.
2) Recommendation to approve Change Order #2 to Interlocal
Agreement for Management Services with The Pelican Bay
Foundation, Inc., for the development of the Community
Improvement Plan, in the amount of $31 ,652.50.
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2010-11 Adopted Budget.
G. AIRPORT AUTHORITY
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November 9, 2010
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended Naples Italian American Club Foundation Columbus
Celebration Dinner to read proclamation on October 13,2010 in
Naples, FL. $20 to be paid from Commissioner Fiala's travel budget.
2) Commissioner Halas requests Board approval for reimbursement
regarding attendance to a function serving a Valid Public Purpose.
Attending American Red Cross Red, White & Brew on November 10,
2010; benefiting "Stockings for the Troops" in Naples, FL. $50 to be
paid from Commissioner Halas' travel budget.
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the United Arts Council of Collier County Masquerade
Magic event at the Naples Hilton in Naples, FL on October 30, 2010.
$75 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 of Collier County
Pre-Legislative Luncheon on November 23,2010 in Naples, FL. $21
to be paid from Commissioner Fiala's travel budget.
5) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Commissioner Coletta attended the Immokalee Annual Chamber
Auction and Steak Dinner event on October 23,2010; held at the
Eagles Club, 405 West New Market Road, Immokalee, FL . $100 to
be paid from Commissioner Coletta's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
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November 9, 2010
1) Recommendation to endorse the United States Department of Justice
and United States Department of Treasury combined Equitable
Sharing Agreement and Certification through September 2011.
2) To obtain Board approval for disbursements for the period of October
16, 2010 through October 22, 2010 and for submission into the
official records of the Board.
3) To obtain Board approval for disbursements for the period of October
23,2010 through October 29,2010 and for submission into the offical
records of the Board.
4) Sheriff request to the Board of County Commissioners to direct the
County Attorney's Office to work with the Sheriff and bring back to
the Board, at a future advertised public meeting, an ordinance that
restricts or regulates Pain Management Clinics.
K. COUNTY ATTORNEY
1) Recommendation to approve a Stipulated Final Judgment in the
amount of$19,589.60 for Parcels 104FEE1 and 104TCE1 in the
lawsuit styled Collier County v. Lamartine Petit Monsieur., et aI.,
Case No. 1 0-2681-CA (Collier Blvd. Project No. 68056) (Fiscal
Impact $7,618.35)
2) Recommendation to accept the settlement offer proposed by Housing
Development Corporation of SW Florida, Inc., formerly known as
Collier County Housing Development Corporation, relating to
litigation styled as Collier County, Florida v. Collier County Housing
Development Corporation, et aI. (Case No.1 0-2532-CA) now pending
in the Circuit Court for the Twentieth Judicial Circuit in and for
Collier County, Florida, whereby Housing Development Corporation
of SW Florida, Inc., assigns all right, title and interest to the
promissory note and second mortgage and security agreement, in the
principal amount of $320,000, given by Cirrus Pointe Partners, LLC,
and direct the County Attorney to take whatever additional action is
necessary to implement this settlement.
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November 9, 2010
3) Recommendation to Approve a Stipulated Final Judgment as to
Parcels 158FEE and 158TCE in the Lawsuit Styled Collier County v.
Timothy Maloney, et aI., Case No. 10-2690-CA (Collier Boulevard
Project No. 68056). (Fiscal Impact: $84,116)
4) Recommendation to approve a Mediated Settlement Agreement and a
Stipulated Final Judgment to be drafted incorporating the same terms
and conditions as the Mediated Settlement Agreement in the amount
of$715,500.00 for the acquisition of Parcels 701R, 901R, 801N,
902J\N,902RA,902RB, 703, 803RA, 803RB, 903, 704,904, 705,
905, 830, 930, 831, 931, 832R, 932R in the lawsuit styled Collier
County, Florida v. Vision & Faith, Inc., et ai, Case No. 05-1275-CA
(SCRWTP RO Well field Expansion Project #70892), and authorize
the necessary budget amendment. (Fiscal Impact $557,000)
5) Recommendation to approve a Mediated Settlement Agreement and a
Stipulated Final Judgment to be drafted incorporating the same terms
and conditions as the Mediated Settlement Agreement in the amount
of$170,000 for the acquisition of Parcels 806, 906, 807 and 907 in the
lawsuit styled Collier County, Florida v. Vision & Faith, Inc., et ai,
Case No. 05-1275-CA (SCRWTP RO Well field Expansion Project
#70892), and authorize the necessary budget amendment. (Fiscal
Impact $150,290)
6) Recommendation to approve a global settlement agreement and
mutual release for the cases styled John Carlo, Inc. v. Collier County,
Florida, Case No. 07-311-CA (Immokalee Road Improvement Project
No. 66042) and Collier County v. John Carlo, Inc., Case No. 09-8724-
CA (Rattlesnake Hammock Road Project No. 60169).
7) Recommendation to approve a Settlement Agreement with Insituform
Technology Inc. (ITI) pertaining to Contract Number 03-3455,
Trenchless Sewer System Rehabilitation Contracting Services, in the
amount of $563,277 to complete repairs related to ITIs rehabilitation
of sewer lines in North Naples (Area I-3 and Area 1-4), and to
authorize the Chairman to execute the Settlement Agreement.
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November 9, 2010
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item reQuires that ex parte disclosure be provided by Commission
Members. Should a hearing: be held on this item~ all participants are
reQuired to be sworn in. Recommendation to approve Petition V AC-
PL2010-1595, Marsilea Villas, to disclaim, renounce and vacate the County
and the Public interest in that portion of a 30- foot wide easement for
roadway as originally recorded in Official Record Book 218, page 734 of the
Public Records Collier County, Florida being located in the southwest
quarter of the northeast quarter of the southwest quarter of Section 13,
Township 48 South, Range 25 East, Collier County Florida being more
specifically shown in Exhibit A.
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members: DOA-PL2010-843: 850
NWN, LLC, CG II, LLC & CityGate Development Inc., represented by Josh
Fruth of Davidson Engineering Inc., requesting an amendment to the City
Gate DR! Development Order to conform to the City Gate Habitat
Conservation Plan and the City Gate Federal Fish and Wildlife Permit. The
amendment is to the City Gate DR! Development Order #90-4 [Collier
County Resolution # 90-431], Section 4 entitled Vegetation and
Wildlife/Wetlands, in particular paragraph c entitled Off-site Mitigation and
paragraph d entitled Red Cockaded Woodpecker Management Plan. This
project is located at the intersection of Collier Boulevard (CR 951) and City
Gate Boulevard North in Section 35, Township 49 East, Range 26 South,
Collier County, Florida. (Companion to PUDA-PL2010-845)
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November 9, 2010
C. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members: PUDA-PL2010-845:
850 NWN, LLC, CG II, LLC & CityGate Development LLC, represented by
Josh Fruth of Davidson Engineering Inc., are requesting an amendment to
the Planned Unit Development (PUD) for the City Gate Commerce Park
PUD. This amendment seeks to amend Ordinance No. 88-93 to remove
Section VII, entitled Red Cockaded Woodpecker Management Plan, to
recognize that said Management Plan has been revised to conform to the
City Gate Habitat Conservation Plan and the City Gate Federal Fish and
Wildlife Permit. The PUD, consisting of 287 acres, is located at the
intersection of Collier Boulevard (CR 951) and City Gate Boulevard North
in Section 35, Township 49 East, Range 26 South, Collier County, Florida.
(COMPANION TO DOA-PL2010-843)
D. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-2008-AR-14078:
Cemex Construction Materials Florida, LLC, represented by Robert J.
Mulhere, AICP ofRW A Consulting, Inc. and Will J. Dempsey, Esquire of
Cheffy Passidomo, P A., is requesting a Conditional Use within the Rural
Agricultural Zoning District with a Mobile Home Overlay and a Rural Land
Stewardship Area Overlay (A-MHO-RLSAO), pursuant to Section
2.03.01.A.1.c.1 and Section 4.08.06.BA.b. of the Collier County Land
Development Code, to allow earth mining and related processing and
production of material for a project to be known as the Immokalee Sand
Mine. The 898-acre subject property is located on the north side of SR 82,
approximately 1.2 miles west of the intersection with SR 29, in Sections 6
and 7, Township 46 South, Range 29 East, Collier County, Florida.
E. Recommendation to adopt a resolution approving budget amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2010-11 Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 17
November 9, 2010
November 9,2010
CHAIRMAN COYLE: Ladies and gentlemen, the Board of
County Commission meeting is now in session.
Would you please stand for the invocation by Pastor Marty Moon
of the Gospel Baptist Church.
PASTOR MOON: Let us pray.
Father, we thank you for the opportunity to be here this morning.
We thank you, God, for this great country that you've given us, the
men and women who have given their very lives for the freedoms we
have, the liberties we have in this country.
Forgive us, Lord, for our sins or trespasses against you. We're
remindful, Lord God, that we need you this morning. Without you we
can do nothing.
But I ask this morning that, Dear Father Lord, that you be with
each of the commissioners, that you be with Commissioner Fiala,
Commissioner Halas, Commissioner Coyle, Commissioner Coletta,
Commissioner Henning, that you would give each one wisdom. For
your word says, if we ask for wisdom, you will give it to us liberally.
So we ask, God, that you would be with each one and bless them,
bless their families, bless them in their decision making this morning
in growth management, in community redevelopment, and the various
recommendations that will be presented to them this morning.
Father, your word says, when the righteous are in authority, the
people rejoice. So may the righteous rule in this land so that we, your
people, will rejoice.
Bless the day, guide and direct, help each one, and may all be
saved through the power and the blood of Jesus Christ. I pray in his
name, amen.
CHAIRMAN COYLE: Thank you, Pastor Moon.
Will you please join us in the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN COYLE: Thank you.
COMMISSIONER FIALA: I'm glad we're not Colonians and
Page 2
November 9,2010
have to break into song though.
CHAIRMAN COYLE: You are? You're going to sing for us?
COMMISSIONER FIALA: No, no. I'm glad we don't do that.
CHAIRMAN COYLE: If you were going to sing, I was going to
declare a recess.
COMMISSIONER FIALA: I don't blame you.
Item #2A
TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA AS
AMENDED - APPROVED AND OR ADOPTED W/CHANGES
CHAIRMAN COYLE: County Manager, do you have any
changes for us today?
MR. OCHS: Yes, sir, I do. Good morning, Commissioners.
These are agenda changes, Board of County Commissioner
meeting, November 9, 2010.
First change is to move Item 16A4 to Item 10C. It's a
recommendation to remand a rezoning request for the Davis Preserve
MPUD to the Collier County Planning Commission, and that item was
moved to the regular agenda at Commissioner Henning's request.
Next item is a correction to Item 16B4. The recommendation
section of the executive summary had an error in the dollar amount.
It's actually a facade -- commercial facade improvement grant
program award from the Immokalee Community Redevelopment
Agency in the amount of $19,954 instead of $29,931, and that
correction is made at Commissioner Fiala's request. We thank you for
finding that, ma'am.
The next item, Mr. Chairman, is to move Item 16K2 to Item 12A
under county attorney regular agenda. It is a proposed settlement
offer between the board and the Collier County Housing Development
Corporation. That item is moved at the staffs request.
Page 3
November 9,2010
The next item is to move Item 17 A to Item 8B on your agenda.
And this is a recommendation to approve a petition of Marsilea Villas
to disclaim, renounce, and vacate a certain 3D-foot wide easement for
roadways on that piece of property, and that item is moved at
Commissioner Henning's request. Again, that will move to Item 8B
and be heard immediately after one p.m.
And then finally agenda note Item 17B, there's a correction in the
resolution that's one of the backup documents to that item. The
resolution should read as follows: This resolution adopted after
motion, second, and majority vote, should be changed to this
resolution adopted after motion, second, and favorable vote, and that
change is made at county attorney staff request.
And your final reminder, Commissioners, is tomorrow morning
at nine a.m. you have your BCC/ AUIR CIE adoption hearing. Again,
that's tomorrow morning at nine a.m. in this commission chambers.
CHAIRMAN COYLE: Okay. Thank you very much.
County Attorney?
MR. KLATZKOW: No changes, sir.
CHAIRMAN COYLE: Thank you. We'll start with changes by
commission members and ex parte disclosure, and we'll begin with
Commissioner Henning.
COMMISSIONER HENNING: Yeah. I'd like to pull the 16E 1.
CHAIRMAN COYLE: Was that 16El?
COMMISSIONER HENNING: Sixteen Edward 1.
CHAIRMAN COYLE: Edward one, all right.
COMMISSIONER HENNING: And 16 Edward 7. My ex parte
communications, Mr. Chairman, on 17B, I do have correspondence.
That's the staffs communications with the Planning Commission.
Same on 17C, and the same on 17D.
CHAIRMAN COYLE: Okay. Thank you very much.
County Manager, what items will those agenda items be placed
under now?
Page 4
November 9,2010
MR.OCHS: Yes, sir. 16El will now become Item 10D on your
agenda.
CHAIRMAN COYLE: Is that delta, D?
MR. OCHS: Yes, sir.
CHAIRMAN COYLE: All right.
MR.OCHS: And 16E7 will now become agenda Item 10E, as an
Edward.
CHAIRMAN COYLE: Okay, echo.
MR.OCHS: Echo, sorry.
CHAIRMAN COYLE: Thank you.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, sir. On the -- I have
nothing to change on the agenda, but under my ex parte, 17B, I have --
I've had some correspondence and meetings, and it's in my file for
anyone who wants to see it. 17C, same thing. And that pretty much
sums it up. Thank you.
CHAIRMAN COYLE: Thank you. And I have no further
changes to the agenda.
With respect to ex parte, I have the Collier County Planning
Commission staff report for items 17B, C, and D, and I have read that,
and that is the only ex parte disclosure I have for the consent and
summary agenda.
Commissioner Halas?
COMMISSIONER HALAS: Yes, sir, good morning, Chair.
CHAIRMAN COYLE: Good morning.
COMMISSIONER HALAS: I have no further changes to today's
agenda, either the consent or summary, and I have -- the only
disclosures that I have are 17B, which is the county -- Collier County
Planning Commission staff report, and also 17C, again, the Collier
County Planning staff report, and also 17D, Collier County Planning
Commission staff report.
CHAIRMAN COYLE: Okay.
Page 5
November 9,2010
COMMISSIONER HALAS: And no other further.
CHAIRMAN COYLE: Thank you.
Commissioner Fiala?
COMMISSIONER FIALA: Thank you. I have no changes and
corrections to the agenda.
As far as the consent agenda, I have no disclosures, but on the
summary agenda, Items 17B and C, both for CityGate, I've received
correspondence, I went out to the property and took a tour of the
property and met with the developer.
CHAIRMAN COYLE: Okay. Thank you.
Do I hear a motion to --
COMMISSIONER HALAS: Motion to approve the agenda as --
CHAIRMAN COYLE: As amended.
COMMISSIONER HALAS: -- as amend.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. Motion by Commissioner Halas
to approve the agenda as amended, second by Commissioner Fiala.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
Page 6
Agenda Changes
Board of County Commissioners Meeting
November 9, 2010
Move Item 16A4 to Item 10C: Recommendation to approve a request to remand to the Collier
County Planning Commission (CCPC) for reconsideration of the rezoning petition, number PUDZ-2004-
AR-6829, Petitioner: Collier Davis, LLC, who is requesting a rezone from the Estates (E) zoning district
to the Mixed Use Planned Unit Development (MPUD) zoning district for a project to be known as the
Davis Reserve MPUD. (Commissioner Henning's request)
Correction to Item 16B4: The recommendation section of the Executive Summary should read
as follows: Recommend that the Collier County Redevelopment Agency approve
the application and recipient agreement for the Immokalee Community Redevelopment Agency
(CRA) Commercial Fa~ade Improvement Grant Program for reimbursement of $29,9:n $19,954 to 328
Partners I, LLC dba Florida Specialties, LLC for improvements to their property located at 601
East Main Street in Immokalee, Florida. (Commissioner Fiala's request)
Move Item 16K2 to Item 12A: Recommendation to accept the settlement offer proposed by Housing
Development Corporation of SW Florida, Inc., formerly known as Collier County Housing Development
Corporation, relating to litigation styled as Collier County, Florida v. Collier County Housing
Development Corporation, et a!. (Case No.l0-2532-CA) now pending in the Circuit Court for the
Twentieth Judicial Circuit in and for Collier County, Florida, whereby Housing Development
Corporation of SW Florida, Inc., assigns all right, title and interest to the promissory note and second
mortgage and security agreement, in the principal amount of $320,000, given by Cirrus Pointe
Partners, LLC, and direct the County Attorney to take whatever additional action is necessary to
implement this settlement. (Staff's request)
Move Item 17A to Item 8B: This item requires that ex parte disclosure be provided by Commission
Members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve Petition VAC-PL2010-1595, Marsilea Villas, to disclaim, renounce and
vacate the County and the Public interest in that portion of a 30-foot wide easement for roadway as
originally recorded in Official Record Book 218, page 734 of the Public Records Collier County, Florida
being located in the southwest quarter of the northeast quarter of the southwest quarter of Section
13, Township 48 South, Range 25 East, Collier County Florida being more specifically shown in Exhibit
A. (Commissioner Henning's request)
Note:
Item 17B: The last sentence of the Resolution which reads "This Resolution adopted after
motion, second and majority vote" should be changed to "This Resolution adopted after motion,
second and favorable vote. (_-_)" (Staff's request)
Reminder: BCC!AUIR CIE Adoption Hearing to be held Wednesday, November 10 at 9:00 a.m.
11/9/2010 8:40 AM
November 9,2010
Item #2B and #2C
MINUTES OF THE OCTOBER 12, 2010 - BCC/REGULAR
MEETING AND OCTOBER 13, 2010 - BCC/PRE-LEGISLATIVE
SESSION WORKSHOP - APPROVED AS PRESENTED
CHAIRMAN COYLE: Now we have the October 12,2010,
BCC regular meeting minutes, October 13, 2010, BCC pre-legislative
session workshop minutes. If there are any changes please say so now;
otherwise, is there a motion to approve?
COMMISSIONER HENNING: And so moved.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: A motion to approve by Commissioner
Henning, a second by Commissioner Coletta.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: They pass unanimously.
Item #3A and #3B
EMPLOYEE SERVICE AWARDS - 20 YEAR AND 25 YEAR
ATTENDEES-PRESENTED
Page 7
November 9,2010
CHAIRMAN COYLE: That brings us to service awards, County
Manager. Are we --
MR.OCHS: Yes, sir.
CHAIRMAN COYLE: -- going to do that down here?
MR.OCHS: Yes, sir.
CHAIRMAN COYLE: Okay.
MR. OCHS: Commissioners, our first service awardee this
morning is recognized for 20 years of service to Collier County. It's
Mike O'Hara from your Wastewater Department.
(Applause.)
CHAIRMAN COYLE: Congratulations. Thank you very much
for your service.
COMMISSIONER HENNING: Thank you.
COMMISSIONER HALAS: Good morning. Congratulations.
MR.OCHS: Commissioners, we have two 25-year service
awardees this morning. Your first 25-year recipient is Georgina
Mausen from Risk Management.
(Applause.)
COMMISSIONER HENNING: Congratulations.
COMMISSIONER FIALA: Were you 12 when you started?
MS. MAUSEN: Halfmy life.
COMMISSIONER HALAS: Congratulations. Thank you for
your devotion to this county.
COMMISSIONER COLETTA: Thank you for your service.
(Applause.)
MR.OCHS: Commissioners, our next 25-year recipient is
Alamar Finnegan from your Growth Management Operations.
COMMISSIONER HENNING: Thank you.
COMMISSIONER FIALA: Thank you.
COMMISSIONER HALAS: Congratulations.
MS. FINNEGAN: Thank you.
(Applause.)
Page 8
November 9,2010
MR.OCHS: Congratulations.
Commissioners, while we have you on the floor, if you don't
mind, we have some advisory committee service awards, we'll just go
ahead and move forward with those.
Item #3C
ADVISORY COMMITTEE SERVICE AWARDS - 5 YEAR AND
10 YEAR ATTENDEES - PRESENTED
MR.OCHS: Our first one is a five-year service commitment to
your advisory committees, and that's Larry Mieszcak from Collier
County Code Enforcement Board.
(Applause.)
CHAIRMAN COYLE: Good morning, Larry. Thank you very
much for your service.
COMMISSIONER HENNING: Thank you.
COMMISSIONER FIALA: Thank you.
COMMISSIONER HALAS: Larry, thank you very much.
COMMISSIONER HENNING: Larry, thanks very much for
your servIce.
CHAIRMAN COYLE: Oop, a picture.
COMMISSIONER COLETTA: You'll never be any younger
than you are at this moment.
(Applause.)
MR. MIESZCAK: Thank you.
MR.OCHS: Commissioners, we have ten -- excuse me. We
have three ten-year service awardees for advisory committee service.
The first is George Fogg from your Forest Lakes Roadway and
Drainage Advisory Board.
(Applause.)
CHAIRMAN COYLE: Congratulations. Thank you very much.
Page 9
November 9,2010
MR. FOGG: Thank you.
COMMISSIONER HENNING: Mr. Fogg, good to see you
agaIn.
COMMISSIONER HALAS: Congratulations. Thank you very
much for your devotion to this community.
COMMISSIONER COLETTA: Thanks for your service.
(Applause.)
MR. OCHS: Our next ten-year recipient is William Arthur from
the Golden Gate Community Center Advisory Board.
COMMISSIONER COLETTA: Hey, Joe.
(Applause.)
CHAIRMAN COYLE: How you doing?
COMMISSIONER HENNING: Thank you for your service.
COMMISSIONER HALAS: Congratulations.
(Applause.)
CHAIRMAN COYLE: Commissioner Henning is in a hurry to
complete this.
MR.OCHS: Our final ten-year recipient is Wil Dempsey from
Historical and Archaeologic Preservation Board.
(Applause.)
CHAIRMAN COYLE: Congratulations. Thank you very much
for your service.
COMMISSIONER HALAS: Thank you.
COMMISSIONER COLETTA: Thank you for your service.
COMMISSIONER HENNING: Glad I didn't miss this.
MR. DEMPSEY: Me, too.
(Applause.)
COMMISSIONER HALAS: I think we've got one more?
MR. MITCHELL: No, you don't.
MR. OCHS: No.
CHAIRMAN COYLE: You've got another one, sir.
COMMISSIONER COLETTA: One more, oh, okay.
Page 10
November 9,2010
CHAIRMAN COYLE: We have one more, County Manager.
It's a plaque for Commissioner Frank Halas for his eight years of
service to Collier County. Frank will be retiring. Is it the 15th?
COMMISSIONER HALAS: Yeah, but you already put in the
paperwork, it says disapproved.
CHAIRMAN COYLE: We had -- I had to certify that he was
eligible for retirement pay from the Florida Retirement System, and I
wrote disapproved across it. So I don't think he's going to get any
retirement pay at all.
COMMISSIONER FIALA: So he can't leave.
CHAIRMAN COYLE: Anyway, Frank. We appreciate your
service. We'll miss you.
COMMISSIONER HALAS: Okay. Well, I want to thank you.
(Applause.)
COMMISSIONER HALAS: I want to thank my -- the board that
I work with. When we look at how this county was when I came on
board as a county commissioner, we had a huge amount of deficit in
the infrastructure in this county, and along with the leadership of Jim
Mudd and -- where we were all focused as commissioners and realized
that we had a huge problem that we had to address, and we got after it.
And it was a pleasure to work with each and every one of you
because of the fact that when we look at what we've made this
community today, it's a community that we can all be proud of as
commissioners, and I believe this is probably one of the best Board of
County Commissioners that this county has seen since the inception of
this county in 1923.
CHAIRMAN COYLE: I'll agree with that.
COMMISSIONER HALAS: And I think all of us have left a
footprint here. And I just want to say, it's been a pleasure to serve
swerve with each and every one of you, and I thank you very, very
much.
CHAIRMAN COYLE: Thank you.
Page 11
November 9,2010
(Applause.)
CHAIRMAN COYLE: I'm not going to hug you.
COMMISSIONER HALAS: Gees, another plaque. I just had all
the plaques put up on the wall. I'm going to have to start in the garage
now.
CHAIRMAN COYLE: Okay. County Manager?
Item #4 A
PROCLAMATION DESIGNATING NOVEMBER 2010 AS BABY
BASICS OF COLLIER COUNTY FLORIDA MONTH.
ACCEPTED BY JEAN ANN LYNCH AND SANDRA BUXTON.
SPONSORED BY COMMISSIONER HENNING - ADOPTED
MR.OCHS: Yes, sir.
That takes you to Item 4 on your agenda, proclamations. 4A is a
proclamation designating November 2010 as Baby Basics of Florida
Month, to be accepted by Jean Ann Lynch and Sandra Buxton. This
item sponsored by Commissioner Henning.
Please come forward and accept your proclamation.
(Applause.)
CHAIRMAN COYLE: This is yours. Thank you very much.
COMMISSIONER HALAS: Thank you very much.
MS. LYNCH: Thank you so much.
COMMISSIONER FIALA: Thank you.
MS. LYNCH: Can I say something?
CHAIRMAN COYLE: You can, but you have to have a picture
taken first.
COMMISSIONER FIALA: First take pictures.
CHAIRMAN COYLE: Okay. Now you can say a few words.
MS. LYNCH: Okay. Great.
On behalf of the Baby Basics program, I'd like to thank you so
Page 12
November 9,2010
much for this proclamation.
Only six years ago we started with 10 babies which we provide
diapers for low-income working families. Today we have 257 babies
in our program, and we are going to be giving our millionth diaper in
Collier County on November 18th.
(Applause.)
CHAIRMAN COYLE: Is there a special prize for the millionth
diaper recipient?
MS. LYNCH: Yes, there is. And we're going to have cupcakes.
CHAIRMAN COYLE: Good, good.
MS. LYNCH: I hope that you will join us at the Waterside
Shops on November 18th at five. I think you received invitations.
CHAIRMAN COYLE: You've -- have you ever heard that joke
about, diapers and politicians need to be changed frequently, and for
the same reason?
COMMISSIONER FIALA: Fred.
CHAIRMAN COYLE: Thank you.
MS. LYNCH: It is our pleasure. Thank you very much.
Item #4B
PROCLAMATION DESIGNATING NOVEMBER 10, 2010 AS
CORPORAL ROBERT JOHN NEWTON DAY IN COLLIER
COUNTY IN MEMORY OF HIS SERVICE TO OUR COUNTRY.
ACCEPTED BY ROBERT AND LINDA NEWTON, JERRY
VANHECKE AND JACK MISCHUNG. SPONSORED BY
COMMISSIONER FIALA - ADOPTED
MR.OCHS: Commissioners, 4B is a proclamation designating
November 10,2010, as Corporal Robert John Newton Day in Collier
County in memory of his service to our country.
This item to be accepted by Robert and Linda Newton, Jerry
Page 13
November 9,2010
VanHecke, and Jack Mischung. This item sponsored by
Commissioner Fiala.
Please come forward.
(Applause.)
CHAIRMAN COYLE: Thank you very much.
COMMISSIONER FIALA: I'd like to mention, this guy right
here, his name is Jack Mischung, he brought this to my attention, and
I'm glad that we could act upon it.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING NOVEMBER 2010 AS
DIABETES AWARENESS MONTH. ACCEPTED BY LAVERNE
FRANKLIN, TONICIA MORGAN, KEITH UPSON, AKITA
CANNON, AND PAUL GETTER. SPONSORED BY
COMMISSIONER HENNING - ADOPTED
MR.OCHS: Commissioners, Item 4C is a proclamation
designating November 2010 as Diabetes Awareness Month. To be
accepted by La Verne Franklin, Tonicia Morgan, Keith Upson, Akita
Cannon, and Paul Getter.
This item sponsored by Commissioner Henning. Please come
forward.
(Applause.)
MS. FRANKLIN: My name is LaVerne Franklin. I'm the
Chairperson for the Black Advisory Board, and I thank you so very
much for, again, allowing us to recognize November as Diabetes
Month. And even though we are the Black Advisory Board, we also
recognize that diabetes is a problem nationwide, and we also want to
be able to address other issues. But we recognize and thank you very
much for allowing us to accept this proclamation.
Page 14
November 9,2010
(Applause.)
MS. FRANKLIN: Fight the good fight with ID Day. What do
we need to know to lead to a happy, healthy, and moral life? If you
stop to think about it, the key to knowing proper maintenance, not
repair -- we strive to feed, clothe, exercise, and medicate our bodies
correctly, and most of all, we partner with our doctors so -- in order to
maintain repair work that he or she may assist us as we get older, and
thank God we are getting older.
The same thing is true for our spiritual lives. Attending services
regularly and following God's recipe enhances us spiritually,
whomever your God may be.
But those acts enrich our physical health as well, as many
medical studies have demonstrated. In addition, there's another
important way in which we need to connect spiritual and health. It is
called, I Fight Diabetes Day, ID. Either at your church, around your
tables, in your small communities, or whatever you feel necessary to
spread the word about diabetes.
It is a brainchild of the American Diabetes Association which has
been in the forefront of educating people about diabetes, about
prevention for African Americans, and they have been doing this for
over 125 years.
More than 3 million African Americans have diabetes, which is a
very, very serious disease, but which one -- it can be controlled. One
in four black women over the age of 55 have diabetes. One African
American -- one in four African Americans between the age of 55 and
74 have diabetes.
Moreover, African Americans with diabetes suffer higher rates of
complications due to heart disease, amputations, and kidney disease.
I fight -- I decided to -- Fight Diabetes Day started actually
yesterday, but it's never too late to start. It's never too late for anyone
to get involved in this, because it's a very serious disease. I know
personally, because many members of my family have it.
Page 15
November 9,2010
It is a nationwide association that you can tap into, and you can
learn all about prevention and maintenance of diabetes.
ID Day campaign encourages -- and we hope that you as
commissioners will encourage all of your employees and staff
members to get involved in ID Day. It's critical. It also -- when
you're sick and you cannot come to work, your healthcare issues, it
affects you, your county members, and your employees. So you're
never too -- the organizations are never too large or to small to get
involved in it.
Visit www.diabetes.org.hostanIDDay.JSP.andwe.re
encouraging all of you to do that, find out exactly, you as a group,
would join in the ID Day program. For more information about
diabetes, visit American Diabetes Association website,
www.diabetes.org or call them at 1-800-diabetes.
We encourage you all to really help because it's a growing
problem, not only with senior citizens, but with our youth. And last
year we came and we talked about obesity and how it relates to
diabetes. So we're asking our commissioners to really support this.
Also with the black advisory, I'd like to say that we are on the
move with the Black Advisory Board. Next month we are going to
have a guest speaker from the Hispanic board, and we're hoping to
partner with them, because there are other serious issues that we can
coexist with and bring them to you as our County Commissioners, and
one of them is working with our children. And as you all know, that I
am very involved with our youth.
We need to get together and find out ways in how to educate our
children really, too, about health issues. So we will be inviting you as
our county commissioners to come to some of our meetings to give us
your expertise and your support, because we are a very serious board.
And we only meet once a month, but in that once-a-month
meeting, we take your business, and we want to come forth with you,
to you, and bring you vital information that will help all of our
Page 16
November 9,2010
citizens.
So I thank you very much for allowing us to come and make this
presentation to you. And we wish you a blessed Thanksgiving and a
holiday season and a Christmas and a New Year, and we'll hope to see
you again soon, within a year.
Thank you very much for your support.
CHAIRMAN COYLE: Okay, thank you.
(Applause.)
Item #4 D
PROCLAMATION DESIGNATING NOVEMBER 15, 2010 AS
AMERICA RECYCLES DAY IN COLLIER COUNTY.
ACCEPTED BY DAN RODRIGUEZ, SOLID WASTE
MANAGEMENT DIRECTOR, AND STAFF FROM SOLID
WASTE MANAGEMENT, POLLUTION CONTROL
DEPARTMENT AND UTILITY BILLING AND CUSTOMER
SERVICE. SPONSORED BY COMMISSIONER COLETTA -
ADOPTED
MR.OCHS: Item 4D is a proclamation designating November
15,2010 as America Recycles Day in Collier County.
To be accepted by Dan Rodriguez, Solid Waste Management
Director, and staff from Solid Waste Management, Pollution Control
Department, and Utility Billing and Customer Service. And this item
is sponsored by Commissioner Coletta.
(Applause.)
CHAIRMAN COYLE: County Manager? County Manager?
MR. OCHS : Yes, sir.
CHAIRMAN COYLE: I think it's time that we really unveiled
Recycling Rose and found out who's inside that thing.
MR. OCHS: Looks like a lot of government.
Page 1 7
November 9,2010
CHAIRMAN COYLE: That's it. There's nothing there.
Okay, Dan. Somebody needs to take this.
(Applause. )
COMMISSIONER FIALA: Commissioner Coyle?
MS. THURSTON: Rosie and the Solid Waste Management
Department would like to thank you for your support and your
recognition of America Recycles Day.
We have two events this year . We have one this Saturday,
November the 13th, and it's at the Naples Recycling DropoffCenter
from 9:00 to 2:30 p.m. It's our household hazardous chemicals and
electronics roundup.
Our second one will be on Monday, November the 15th at the
Towne Centre. And this year we're proud to sponsor with Goodwill,
Naples -- Goodwill, Waste Management, Adera Shredding. We'll be
taking tires, we'll be taking paints, oils, all kinds of good things,
computers, so please come out and join us, and thank you again for
your support.
CHAIRMAN COYLE: Thank you.
(Applause.)
Item #4 E
PROCLAMATION DESIGNATING NOVEMBER 8 THROUGH
NOVEMBER 14,2010 AS NATIONAL DRUG FACTS WEEK.
ACCEPTED BY ANNE FRAZIER, MARLA RAMSEY, MARIBEL
DE ARMAS, AND CHIEF SCOTT SALLEY. SPONSORED BY
COMMISSIONER FIALA - ADOPTED
MR.OCHS: Commissioners, the next proclamation is 4E. It's a
proclamation designating November 8th through November 14th,
2010, as National Drug Facts Week.
To be accepted by Anne Frazier, Marla Ramsey, Maribel De
Page 18
November 9,2010
Armas, Chief Scott Salley, Chief Jim Williams. And this item is
sponsored by Commissioner Fiala.
(Applause.)
CHAIRMAN COYLE: Chief, thank you very much. You want
to say something?
CHIEF SALLEY: Yes.
F or the record, my name is Scott Salley. I serve as the president
of Drug Free Collier. But I just want to thank you, Chairman, and the
commission and the staff.
This is a fantastic week for us because it brings to -- the level of
awareness that we should keep every week, and that is the -- our
children of Collier County.
You know, last year we thought our mission, or was our mission,
was education and awareness, and we went through a change last
summer. We realize the work that Drug Free Collier and -- which
includes the Operation Medicine Cabinet, it's saving lives. It's saving
the lives of our children, it's saving the lives of our children in Collier
County. And without your leadership and support, this would not be
possible.
So from Drug Free Collier, thank you very much.
CHAIRMAN COYLE: Thank you, Scott.
(Applause.)
Item #4 F
PROCLAMATION DESIGNATING NOVEMBER 21 THROUGH
NOVEMBER 27,2010 AS FARM-CITY WEEK. ACCEPTED BY
CYNDEE WOOLLEY, JESSICA MACERA, SHERIFF
RAMBOSK, RUSSELL BUDD, AND STEVEN KISSINGER.
SPONSORED BY COMMISSIONER COLETTA - ADOPTED
MR. OCHS: Item 4F is a proclamation designating November
Page 19
November 9,2010
21 through November 27,2010 as Farm-City Week. To be accepted
by Cyndee Woolley, Jessica Macera, SheriffRambosk, Russell Budd,
and Steven Kissinger.
This item sponsored by Commissioner Coletta.
MS. WOOLLEY: Some of our committee members got held up,
so --
(Applause.)
CHAIRMAN COYLE: You going to say something?
MS. WOOLLEY: Good morning, Commissioners. My name is
Cyndee Woolley, and I'm the Chair of the Farm-City Barbecue.
I would like to thank you for your continued support of this event
in the agricultural industry that plays a significant role in our
community.
In a time where our citizens and country have been so divided
over political agendas, I'm proud to be a part of an event whose main
purpose is to bring together a diverse community of agricultural and
business leaders where the only agenda is celebrating friendships and
the ties that make us stronger.
Now, although the Farm-City Barbecue did not start out as a
fundraiser, we've slowly developed into one, making a significant
contribution. Over the past six year we've raised $100,000 that have
been donated back into youth leadership development programs here
in Collier County.
This year the barbecue will benefit Collier County 4 H
Foundation, Youth Leadership Collier, and the Collier County Junior
Deputy League.
Commissioners, I would like to recognize some of our major
sponsors who've been with us throughout the years: Waste
Management of Collier County, Barron Collier Companies, Ave
Maria, and Collier Enterprises. And you'll see that on your -- on the
forms that we gave you, the posters, there are many more sponsors
from the community. Without their long-term support, none of this
Page 20
..
November 9,2010
would be possible.
For those of you who will be joining us on the serving line, I look
forward to seeing you at the barbecue, and I wish all of you a Happy
Thanksgiving.
Thank you again.
(Applause.)
Item #4G
PROCLAMATION DESIGNATING NOVEMBER 15 THROUGH
21,2010 AS LACROSSE WEEK IN COLLIER COUNTY.
ACCEPTED BY RALPH PRYOR, SPORTS MARKETING
COORDINATOR. SPONSORED BY COMMISSIONER HALAS -
ADOPTED
MR. OCHS: Item 4G is a proclamation designating November
15 through 21, 2010, as Lacrosse Week in Collier County.
To be accepted by Ralph Pryor, sports marketing coordinator.
This item sponsored by Commissioner Halas.
Ralph?
(Applause.)
CHAIRMAN COYLE: Who gets to take this?
UNIDENTIFIED SPEAKER: Ralph does.
CHAIRMAN COYLE: Ralph, okay.
UNIDENTIFIED SPEAKER: The tall, dark and handsome one.
CHAIRMAN COYLE: Okay. Ralph, when you get here.
(Applause.)
MR. PRYOR: Good morning. Chairman Coyle, Commissioners,
for the record, Ralph Pryor, sports marketing coordinator for the big
three, being Parks and Recreation, tourism, and the Sports Council of
Collier County, and that's why we're here today.
Just briefly. The -- there's a method behind this Lacrosse Week
Page 21
November 9,2010
and madness, and we're experiencing Lacrosse madness, aren't we,
generally? Yeah.
But briefly, I'd liked to introduce my -- the support group here,
the host club of the tournament coming up, and I'll say a few words
about that -- is the Collier County Lacrosse Association recently
elected Julie Bissell, is the new chairperson, also the host hotel for the
coaches conference associated with the tournament is Desiree Raez
Smith. Thank you, Desiree. She's worked closely with the
Intercollegiate Women's Lacrosse Coaches Association, which is on
the proclamation.
CHAIRMAN COYLE: What hotel?
MR. PRYOR: Oh, I'm sorry. Yeah.
MS. SMITH: The Ritz Carlton Golf Resort.
CHAIRMAN COYLE: Thank you.
MR. PRYOR: Yeah, Ritz Carlton Golf Resort.
CHAIRMAN COYLE: Golf and Lacrosse Resort, right?
MR. PRYOR: Yes.
MS. SMITH: Open fields, open wide spaces.
MR. PRYOR: Right. The Lacrosse conference, for first time
this year -- these are -- The Intercollegiate Women's Lacross Coaches
Association is an organization made up of all the women's lacrosse
coaching -- coaches and coaching staffs of every division of the
NCAA, as well as the NAIA, National Association of Intercollegiate
Athletics.
Their -- they have broken an attendance record by -- or shattered
an attendance record for coaches coming to this annual conference,
and I'm sure a lot of it has to do with our destination, the Ritz Carlton
Hotel and Desiree's outstanding service with working with the
association.
This year for the first time they've brought along a girls high
school lacrosse tournament. That's a showcase-type tournament. And
fortunately during this time of year, the college coaches can recruit.
Page 22
November 9,2010
So it's a made-in-heaven match, and we'll have about 90 clubs
from border to border and coast to coast throughout the United States,
huge clubs booked well over, already probably, what, 3,000-plus hotel
room nights for the tournament and, of course, the coaches will be at
the Ritz Carlton all week.
Members of the Sports Council represented were Nicole Curran,
our assistant, and our student intern from the University of Illinois,
Chelsea Carmack.
And have I left anyone out of the lacrosse group?
Dan Sullivan, representing Green Links Hotel and Golf Resort
and a strong supporter of the Sports Council as well.
COMMISSIONER FIALA: Where is Green Links located?
MR. SULLIVAN: Inside Lely Resort.
COMMISSIONER FIALA: Ah. Sorry.
MR. PRYOR: You might know something about that.
Yeah, at any rate, it's been a great culmination of events that
we've been able to bring into our area.
This is that event that was, years ago, was one of our visions that
someday we'd have an event come to Naples and Collier County that
would tax all the airline services. In fact, we're having to go to Fort
Lauderdale and Sarasota to bring in additional airlines to get these
people here. We've taxed every flight coming into Southwest Florida,
the transportation and our hotels.
So it's a vision we've been striving for. We're getting there. But it
certainly doesn't end here.
And thank you very much. Appreciate your time.
CHAIRMAN COYLE: Thank you. I'd like to -- I'd like to
especially thank the hotels for their help in this process.
MR. SULLIVAN: Yep.
CHAIRMAN COYLE: They deserve recognition for this.
Thank you very much.
(Applause.)
Page 23
November 9,2010
Item #4H
PROCLAMATION DESIGNATING VETERANS DAY
(NOVEMBER 11, 2010) AS A DAY OF REMEMBRANCE.
ACCEPTED BY RICK TORRES, MANAGER, VETERANS
SERVICES. SPONSORED BY COMMISSIONER HALAS -
ADOPTED
MR.OCHS: Commissioners, Item 4H is a proclamation
designating Veterans Day, November 11,2010, as a Day of
Remembrance to be accepted by Rick Torres, manager of Veterans
Services.
This item sponsored by Commissioner Halas.
(Applause.)
MR. TORRES: Rick Torres, Veterans Services Manager. Good
morning, County Commissioners, County Manager, distinguished
guests.
I have a few acknowledgments and thank you's I'd like to present.
I'd first like to thank all of our veterans for serving our nation. We
thank you, many of whom are here today, for your honest -- honorable
and faithful service.
Also our service members, both active duty and reservists, here at
home and abroad, who are out there on the front lines defending our
nations, protecting the liberties and freedoms that we so cherish.
In particular, their family members whom also in essence are
serving. We thank them for enduring the hardships our deployments
bring, many months away from family members. And because of that,
we wish our service members a speedy and safe return.
And County Commission, leadership, we thank you for honoring
us veterans this Veterans Day.
CHAIRMAN COYLE: Thank you.
Page 24
November 9,2010
(Applause. )
MR. OCHS: Commissioners, if I could get a motion and a
second to accept the proclamations.
COMMISSIONER HALAS: Motion to approve today's
proclamations.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion to approve by Commissioner
Halas, second by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: The proclamations are accepted.
Item #5A
PRESENTATION OF THE COLLIER COUNTY "BUSINESS OF
THE MONTH" AWARD TO MEDIABRAINS, INC. FOR
NOVEMBER 2010. ACCEPTED BY JOSEPH BUCKHEIT, CEO-
PRESENTED
MR. OCHS: Commissioners, that takes us to Item 5,
presentations. 5A is a presentation of the Collier County Business of
the Month Award to MediaBrains, Inc., for November 2010.
This award and presentation to be accepted by CEO Joe
Buchheit.
(Applause.)
MR. OCHS: You want to do your presentation first, come on.
Page 25
November 9,2010
Why don't you go ahead.
MR. BUCKHEIT: Thank you. This is my technology test for
today.
So thanks for recognizing MediaBrains this month. It's a
pleasure to be here. And so let me just tell you a little bit about our
business.
COMMISSIONER FIALA: And your name, please?
MR. BUCKHEIT: Joe Buchheit. Thank you.
So MediaBrains, I started here in 1997. Since 2005, we've added
about 23 full-time jobs, average annual salary of over $55,000.
Ninety-eight percent of our revenue comes from outside the State of
Florida, so we import dollars into the local economy.
Just to give you an idea of how we've been growing; 27 percent
growth in 2008. 2009, just like the rest of the world, we moved
sideways, and we're seeing growth again this year, so we're really
excited about that.
Okay. So what do we do? What we do at MediaBrains is we're
an online media company which means we create really good content
that will help people or make people interested in visiting one of our
websites, so that attracts an audience, and then to pay for all that, we
sell advertisements.
We do that with a technology platform that helps us manage the
content, serve the ads and, of course, helps us internally to sell and
market our products.
Okay. So as an example, one of our websites is called
AgingCare.com. The content that you find on that website is all about
taking care of your aging parent, everything you would go through as
a caregiver, and so that website has been around for a couple years
now.
And so earlier this year, the EDC brought us into the economic
gardening program. And as part of that, we had 50-hour consulting,
which is what they a call technical assistance program, and very
Page 26
November 9,2010
intensive, one week. As a result of that, we were able to increase our
traffic to AgingCare.com by about 400 percent. It's a key revenue
driver for us.
And looking forward to 2011, the impact to that will be about six
full-time jobs.
So I'd just like to thank the EDC for that program, and thank you
for having me here today. Are there any questions?
CHAIRMAN COYLE: Joe, great job. We're happy to have you
as part of our business community, and I'd like to present this plaque
to you.
MR. BUCKHEIT: Thank you.
(Applause. )
CHAIRMAN COYLE: Thank you very much for being here.
Good luck with your company.
COMMISSIONER HALAS: Hi, Joe.
MR. BUCKHEIT: Thank you.
CHAIRMAN COYLE: Now, see, they come up and want to
steal the show.
Thanks again, Joe.
(Applause.)
MR.OCHS: Joe, congratulations. Thanks.
MR. BUCKHEIT: Thank you.
MR. SHEFFIELD: Good seeing you, Joe. Thanks.
Item #6A
PUBLIC PETITION FROM JIM GAITENS REPRESENTING THE
NAPLES INTERNATIONAL FESTIVAL SPONSORED BY ST.
PETER THE APOSTLE CHURCH, REQUESTING APPROVAL
TO SELL BEER AT SUGDEN PARK ON FEBRUARY 26 AND
27. 2011 - STAFF TO BRING BACK TO BCC - CONSENSUS
Page 27
November 9,2010
MR. OCHS: Commissioners, that takes us to Item 6 on your
agenda, public petitions. Item 6A this morning is a public petition
request from Jim Gatiens representing the Naples International
Festival. Sponsored by St. Peter the Apostle Church requesting
approval to sell beer at Sugden Park on February 26 and 27,2011.
Mr. Gatiens.
MR. GAITENS: Good morning, Commissioners --
CHAIRMAN COYLE: Good morning.
MR. GAITENS: -- and County Manager.
I hope some of you had the opportunity to attend our second
annual festival last year, which we held for the very first time at
Sugden Park. It was a big success; over 5,000 attended the two-day
event which celebrated the international diversity of our community
through food, music, dance, arts and crafts, and children's games.
We experienced excellent cooperation and support from the
county's Parks and Recreation personnel, especially Michael Toolan
and his staff at Sugden Park.
The park was showcased in a very positive light, and the student
ski show was particularly well received.
We plan to do essentially the same things we did last year and
have scheduled the event for Saturday and Sunday, February 26th and
27th.
We were allowed to sell beer last year, which we did responsibly
and experienced no problems of any kind. On October 20th I met
with the Parks and Recreation Advisory Board, and they unanimously
approved our request to again sell beer at the festival.
I'm here today specifically to request the same of this
commission, of course, under the direction of your Parks and
Recreation staff.
Thank you. And I'll be happy to answer any questions you may
have.
CHAIRMAN COYLE: Commissioner Coletta?
Page 28
November 9,2010
COMMISSIONER COLETTA: Yes. I -- you came before us
last year. We listened to what you had to say. We told you go ahead.
MR. GAITENS: Right.
COMMISSIONER COLETTA: And you're back again this year.
Nothing went wrong. I'm kind of at a loss why we have to keep
bringing this back every year.
You need something in the way of certainty in your planning
from year to year.
MR. GAITENS: That's right.
COMMISSIONER COLETTA: What I would like to propose is
that, one, we recognize this as an appropriate use and, two, we direct
staff to come up with some sort of plan so in future years it can be
handled administratively rather than coming before the commission.
MR. GAITENS: Well, I enjoy visiting with you folks once a
year, but I think I would support your plan. Thank you very much.
COMMISSIONER COLETTA: No sense in making it any more
difficult than we have to.
MR. GAITENS: Right.
CHAIRMAN COYLE: What is the --
COMMISSIONER FIALA: I agree.
CHAIRMAN COYLE: -- motion? Are you going to make a
motion?
COMMISSIONER COLETTA: In fact, I make that in the form
of a motion.
CHAIRMAN COYLE: I'm not sure that you can do that during
this hearing.
COMMISSIONER COLETTA: Okay. Then direction to staff.
Thanks, Commissioner Coyle, for the direction you're giving.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: What's the policy on alcoholic
beverages in the parks? I know there was something -- special bill in
Tallahassee to allow certain locations.
Page 29
November 9,2010
MR.OCHS: Well, I'll ask Mr. Williams to address your
question, sir.
MR. WILLIAMS: Barry Williams, Parks and Rec. director.
The current policy, there is an ordinance that regulates activities
in the parks. The ordinance prohibits sale or use of alcohol. You do
have a couple of exceptions in our park system. You have Golden
Gate Community Center, and under that MSTU, there are provisions
for alcohol use at that facility.
We do have a concession agreement with Naples Grande to allow
them to sell alcohol to park patrons, people that are associated with the
hotel.
But currently your ordinance doesn't allow for alcohol use. You
do have these requests. We've had a couple come to PARAB recently.
I would remark Mr. Gaitens and the International Festival was a great
partnership for us last year. Very well attended, no problems.
We could bring this back with the same provisions that we did
last year of all the things that need to happen for this event. At the
same time, we can explore looking at something else administratively,
as Mr. Coletta's suggesting, so we don't have to ask Mr. Gaitens to
come back every year.
COMMISSIONER FIALA: So Mr. Chairman, I'd like to have
Barry Williams bring this back to us.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: May I finish?
CHAIRMAN COYLE: Go ahead, Commissioner Henning.
COMMISSIONER HENNING: Can we have the -- when you
bring it back, can we have the ordinance? I'm concerned that we're
violating ordinances over and over again, and we -- you know, that
really needs to be changed because, I mean, we're no better than the
public. If they -- if they have to abide by our ordinance, I think we
should, too.
MR. WILLIAMS: We can. We can work with County
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November 9,2010
Attorney's Office and review the ordinance and make sure that what
we're bringing you back is not something that is -- something that's
legal and supported.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: Okay. Do we have three nods?
COMMISSIONER HALAS: Yep.
COMMISSIONER COLETTA: Yep.
CHAIRMAN COYLE: Okay. Let's do it.
COMMISSIONER HALAS: Get 'er done.
CHAIRMAN COYLE: Get 'er done.
MR. GAITENS: Thank you. I hope to see you at festival in
February.
CHAIRMAN COYLE: Okay, thank you.
Item #6B
PUBLIC PETITION FROM DYLAN CALDWELL ASKING THE
COLLIER COUNTY AIRPORT AUTHORITY TO ALLOW A
PRIVATE GLIDER LAUNCH OPERATION (CROSS COUNTRY
SOARING) TO OPERATE FOR THREE MONTHS THIS WINTER
AT THE IMMOKALEE AIRPORT - MOTION TO BRING BACK
FOR CONSIDERATION - APPROVED
MR. OCHS: Commissioners, Item 6B is a public petition request
from Dylan Caldwell asking the Collier County Airport Authority to
allow a private glider launch operation to operate for three months this
winter at the Immokalee Airport.
MR. CALDWELL: Hi, hello. My name's Dylan Caldwell. I'm a
local emergency room doctor and founding member of the Soaring
Club that's based out of Immokalee. And what I'm here to do is ask
for permission, since the BCC is now the Airport Authority Board, for
permission for Cross-country Soaring, which is a soaring operation out
Page 31
November 9,2010
of Minnesota, to come down again this year. They were -- came down
last year to teach winch launch instruction.
Winch -- a winch is a type of means to launch a glider, and it's an
accepted and approved FAA form of flying gliders. And he comes
down here and -- to give instruction. It's very uncommon in the
United States. There are only two commercial operators in the U.S.
It's very common in Europe, so it's a unique training opportunity.
Last year 25 pilots went through it, went through the 20- flight
course, nine of them were locally, five were from the east coast of
Florida and in Orlando, and 12 came from around the country,
including one from Canada.
In addition to approving it, we'd just like -- I'm asking that you
have them pay the standard commercial fees that any other
commercial operator at the airport pays.
There's currently a commercial glider operator there now called
High Soaring. He pays a nominal licensing fee to use the airport. The
crop dusting operation, similarly, pays a nominal fee.
The Airport Authority executive director had approved
Cross-country Souring coming down but had instilled a 15 percent
gross revenue fee, which makes it economically impractical for him to
come down again.
That's what I'd like you to consider.
CHAIRMAN COYLE: Okay. Thank you very much.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Chris, if I could, please.
We recognize that this does have a benefit for the community and that
it does attract people to the Immokalee Airport and the Immokalee
area.
Your fee structure you're talking about, do we -- are we
discriminating the fact we'd be charging it just for this one entity, or is
this something that's across the board? Explain how it works. Is this
15 percent based upon gross or on profit?
Page 32
November 9,2010
MR. CURRY: Well, first of all, good morning, Commissioners.
Chris Curry, Airport Director.
The businesses that Mr. Caldwell are comparing the glider
operation to are not the same in concept. He has mentioned several
businesses that are based tenants at the airport which are much
different than a transient user.
There may be some other businesses on the airport that are not
charged at 15 percent, but I assure you that that was prior to my time.
It's a matter of whether they should be charged at and when I get
around to look at their individual situation. Trust me, they will all be
treated the same.
The impact of this business from their arrival last year I don't
think can actually be measured. I talked to a lot of the staff. There's
even a chamber member that's on the Airport Advisory Board, so I
cannot substantiate the impact to the overall economy as indicated.
What I've been told is that a lot of the visitors that come to the
airport actually drive their cars. So I'm unable to determine the impact
of that glider operation from last year.
COMMISSIONER COLETTA: Sir, the 15 percent, is that on
gross or profit?
MR. CURRY: That's on gross. And I will tell you, I will give
you some basic numbers that were given to me by Mr. Ingraham, who
is the owner of the flying club that's coming down.
He estimated his total revenue to be $18,600, which includes 24
pilots from around the country to come at $700 each, and 24 rides at
$75 each, okay. What he considered to be his total cost also involves
three months of living accommodations for his family, which comes
up to a total cost of $17,550.40.
The way that I understand as proper business technique is that
you don't simply charge and not include the use of the facility. And I
think that's what's happening here is that maybe the charge is not
adequate enough to support the operation if you can't pay for the use
Page 33
November 9,2010
of the facility.
And one of the directions that I was given when I was hired on
by the Board of County Commissioners is to make the airport itself as
sustainable as possible. And in order to do that, I think you have to
charge the users of the system.
COMMISSIONER COLETTA: And I know. And there's a
balance we always have to find in this between the common good of
the community and trying to make the airport pay its own way, and
which I agree with you it should.
Fifteen percent, if they went to someplace like LaBelle, which is
just up the road a little ways, do you know what the fee structure is
there?
MR. CURRY: I have no idea what the fee structure is at
LaBelle. For the total revenue that he would earn at the Immokalee
Airport, we're asking him to pay approximately 27 -- approximately
2,790 based on the total revenue that he's going to earn.
MR. CALDWELL: Commissioner Coletta, can I interrupt here?
One thing.
CHAIRMAN COYLE: Just a moment. Have you finished with
your questions?
COMMISSIONER COLETTA: No, I haven't.
CHAIRMAN COYLE: Okay. Just wait a minute.
COMMISSIONER COLETTA: But I will direct the question
again about the fee structure to the petitioner.
MR. CALDWELL: I believe LaBelle would have no -- would
not have a 15 percent gross revenue.
COMMISSIONER COLETTA: Okay.
MR. CALDWELL: Tommy Vaughn, the manager of LaBelle
Airport, was down at the airport advisory meeting yesterday, and we
talked about this.
COMMISSIONER COLETTA: A couple things I want to
consider here is the fact that we do have some reason to consider -- I
Page 34
November 9,2010
agree there should be a fee structure, and I don't agree it should be for
nothing, because I'll tell you, the taxpayers of Collier County would
have to pick up the bill.
MR. CALDWELL: May I clarify something, please?
COMMISSIONER COLETTA: Yes.
MR. CALDWELL: There is no something for nothing. There--
and Cross-country Soaring is a commercial soaring operation that is,
for the most part, identical to High Soaring, the commercial soaring
operation based at Immokalee. The only difference is that High
Soaring uses a tow plane, a 182, to gate aircraft in the air. High
Soaring has a winch, which is -- the winch is a big --
COMMISSIONER COLETTA: No, I understand what it is, but
where does this go with the fee structure?
MR. CALDWELL: Well, no. But Mr. Curry said that they are
not the same. They're the same type of business operation. And really
what he would be doing is becoming -- high soaring is a fixed-base
operator. They operate out of one airport. And really what
Cross-country Soaring would like to become is like a seasonal
fixed-based operator, stay down here for the winter, because gliders
don't have engines, they don't have heaters. You really can't fly them
in the winter.
So he can come down here, he can give instruction, and he can
bring tourism, not -- and people coming specifically to Immokalee to
fly.
And of -- and a certain number of people who came last year,
even the one guy from Canada, stayed at the Immokalee Inn.
COMMISSIONER COLETTA: And that's wonderful. But we've
got to get down to the point that we make some decisions.
Now, on this fee structure that we're talking about, is their a
possibility of -- first off, did the advisory board offer any advice on
this?
MR. CURRY: The advisory board yesterday, they voted to
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November 9,2010
approve the operation and not charge anything. I concur with them to
approve the operation, but I think that we have to set a standard where
the use of the airport is not free.
COMMISSIONER COLETTA: I agree with you, sir, on that
part.
MR. CURRY: And I just want to include that when I say--
when I say free, last year they did pay $475 for 60 days on the airport,
which was tie-down and partial rental of a hangar.
COMMISSIONER COLETTA: May I suggest that in order to
make this balance out -- because we do want to encourage them to
come back -- possibly if we came up with a two-tier approach over a
two-year period to get it up to a reasonable fee? And I'm not sure 15
percent would be the reasonable fee. It might be 12 percent -- is that,
what we look at this is is year one or maybe a two-year agreement
where we come up with a fee, instead of 15 percent, it be 7 -and-a-half
percent with the idea that next year it would go to 10 percent, then
we'd evaluate it in the future years.
This would enable them to get their feet on the ground and to be
able to counter that fee, which they didn't anticipate this year.
I would ask you to make an appeal to the Immokalee chamber to
see if they can come up with some money to cover advertising this
year -- because we can't do it from TDC.
We've already got our budget set -- and then you document how
many rooms are set aside in Immokalee, and try to get some idea,
working with the TDC, how you document what's being spent, and
then next year we'll get you in for an appropriation, or at least to be
able to make an appeal for an appropriation to cover your advertising.
Try to get this thing to balance out so the airport's made whole and
you're made whole as a glider operation. That would be my proposal.
Now, the way the rest of the commission feels on it is anyone's guess.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: When I look at -- and maybe the
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November 9,2010
county manager can enlighten me in regards to, how much have we
loaned the Airport Authority over the years to make them somewhat
solvent?
MR.OCHS: It's several hundred thousand dollars, maybe--
COMMISSIONER HALAS: And it's time that we start making
sure that the airports start paying or are collecting a fair share of
revenue in order to offset the cost that it costs us as taxpayers to
subsidize this airport, or all of our airports.
So I don't feel that 15 percent is out of line. If the gentleman
that's trying to use the operations at the airport -- then he needs to -- if
he thinks he's not going to make enough profit, then what he needs to
do is raise the cost of doing business there, the 15 percent.
When we got all this infrastructure put in the airport here, it's
costing us, the taxpayer, and we need to make sure that some way or
another, these airports start generating so that they can be
self-sufficient.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes.
CHAIRMAN COYLE: And then I'm going to have a comment.
COMMISSIONER FIALA: Yes. We need to bring this back
anyway, right?
CHAIRMAN COYLE: Yeah.
COMMISSIONER FIALA: Okay. So I certainly make a motion
to bring this back to discuss. I think Chris is on the right track. We've
given him direction -- we've given him direction to run these airports
as a business.
COMMISSIONER HALAS: As a business.
COMMISSIONER FIALA: And not as a giveaway. And this
gentleman, I can understand how he feels. I mean, if he's been able to
get this for practically nothing, I would it, too, but that's all part of the
cost of doing business. Everybody else has to do business this way.
So I would like to bring this back for further discussion.
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November 9,2010
CHAIRMAN COYLE: Okay. Only one person can speak
during a public petition.
MR. MITCHELL: We do have a registered speaker, but the
speaker will come up under agenda Item 11.
CHAIRMAN COYLE: Which is a long time from now,
unfortunately.
But let me just see if I can't cut to the chase here. I've read the
financial report of the gentleman who is the operator, or -- his detail of
expenses, and he's coming to Florida to spend the summer with his
family.
COMMISSIONER FIALA: Winter.
CHAIRMAN COYLE: Huh?
COMMISSIONER FIALA: Winter.
CHAIRMAN COYLE: I'm sorry. Spend the winter with his
family. It's always summer here.
But in any event, he has been successful in generating enough
revenue from this operation to cover the costs of his family's rent, their
transportation costs, and everything else so he can spend the winter
here without putting out any costs of his own.
The real issue is, is that fair to the taxpayers of Collier County?
Should we subsidize his stay during the wintertime here, or
should we expect some income for providing him the venue to do
those operations?
Now, I -- if I were in his shoes, I would say, if I had to pay you
$1,700 and that permitted me to pay for my family's rent and
transportation for a winter stay in Florida, that's a pretty good deal. I
don't know many other people that can do that.
So I believe that it is an issue of fairness with respect to the
taxpayer. Is the taxpayer required to subsidize an operation that is
designed to cover the cost of a family spending the winter in Collier
County?
And so I hope you keep that in mind. And Commissioner
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November 9,2010
Coletta, we have a motion to bring this back for consideration and let
the Airport Authority provide us with specific recommendations. Do
you want to second it or --
COMMISSIONER COLETTA: Well, I have no problem
seconding it, but I do have a brief comment, too.
CHAIRMAN COYLE: Okay. Go ahead.
COMMISSIONER COLETTA: Because I do think it needs to
come back. And once again, I agree with my fellow commissioners.
You can't allow the public use of a facility where the rest of the county
is paying for it, the taxpayers are subsidizing it, for no cost.
My whole question is, is what's a fair cost? I mean, 15 percent
probably sounds fair, but we've got a business that has one year of
operation behind them. They about broke even, even though they had
a -- he covered his expenses to be able to do it. They did break even.
They're going into the second year, and if we can do something
to nurture a business like this, which is very small, it might be
something for consideration for another day.
So when it comes back, I would like that as a point of discussion
to be able to see if we could be looking at something like 7 -and-a-half
percent, then going to 10 percent, but I am open to just about
anything, but it's got to be fair in the end, not only fair to the user, but
fair to the taxpayers of Collier County.
Thank you for being here today.
CHAIRMAN COYLE: Are -- you're going to second
Commissioners Halas ( sic) --
COMMISSIONER COLETTA: Yes, I did.
CHAIRMAN COYLE: -- Fiala's motion. Okay.
Commissioner Fiala has made a motion to bring this back for a
hearing, and it's seconded by Commissioner Coletta.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
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November 9,2010
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Okay. Commissioner Henning dissents.
So it passes, 4-1.
COMMISSIONER HALAS: I'd just like to say that I think that
15 percent is fair and reasonable under the terms of using that airport
for the amount of money the taxpayers have already subsidized trying
to keep this thing up and running. So -- and the other thing that
concerns me is this person isn't a resident of Florida, comes down here
to winter, and he wants us to subsidize his living expenses, and yet he
wants its taxpayers to subsidize using the airport. I have a real
concern about that.
CHAIRMAN COYLE: Okay. Thank you very much.
County Manager, we have 16 minutes before our required break.
What can you suggest that we can do in 16 minutes? Anything?
Item #10A
THE FY 2010-11 AGREEMENT WITH THE DAVID LAWRENCE
MENTAL HEALTH CENTER, INC. FOR THE COUNTY TO
PROVIDE FUNDING IN THE AMOUNT OF $1,034,195-
APPROVED
MR.OCHS: Commissioner, I believe you can do Item 10A in
fairly short order.
CHAIRMAN COYLE: Okay. Let's go to 10A.
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER FIALA: Oh.
CHAIRMAN COYLE: Well, that's certainly faster than 16
minutes. Is -- is there any required presentation?
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November 9,2010
MR.OCHS: No, sir. This is the annual contract between the
board and the David Lawrence Mental Health Center. It's part of your
approved FYll budget.
CHAIRMAN COYLE: Yep.
COMMISSIONER COLETTA: Second.
COMMISSIONER FIALA: And this is also -- this is something
that we must do, right? I mean --
MR.OCHS: Yes, sir, yes, sir.
COMMISSIONER FIALA: So motion to approve.
MR. OCHS: You have a statutory requirement.
COMMISSIONER FIALA: Required. Motion to approve.
CHAIRMAN COYLE: Already had a motion to approve by
Commissioner Henning --
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: -- seconded by Commissioner Fiala.
Any further discussion?
All in favor please, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: That item is approved.
Item #10B
STAKEHOLDER MEETING SCHEDULE TO PROVIDE
ADEQUATE PUBLIC INPUT INTO THE DEVELOPMENT OF
THE WATERSHED MANAGEMENT PLANS - APPROVED
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November 9,2010
MR.OCHS: Sir, I believe we can take care of Item 10B also if
you'd like.
CHAIRMAN COYLE: Okay. Let's try.
MR.OCHS: 10B is a recommendation to approve the
stakeholder meeting schedule to provide adequate input into the
development of the Watershed Management Plans.
Mr. Casalanguida, your Deputy Administrator for Growth
Management, will present.
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Good presentation, Nick.
MR. CASALANGUIDA: Thank you, sir.
CHAIRMAN COYLE: Motion to approve by Commissioner
Henning, second by Commissioner Fiala.
COMMISSIONER HALAS: We've got some public speakers.
CHAIRMAN COYLE: Did we have a speaker?
MR. MITCHELL: Yes, sir, we do.
CHAIRMAN COYLE: Who is it?
MR. MITCHELL: Nicole Ryan.
CHAIRMAN COYLE: Oh, don't. We don't need to hear that.
Okay, Nicole.
MS. RYAN: Just for that, I will take my full three minutes. For
the record --
CHAIRMAN COYLE: Cut her short, Ian.
MS. RYAN: -- Nicole Ryan, here on behalf of the Conservancy
of Southwest Florida, and we do support the time extension for the
Watershed Management Plans. They're too important, and too many
resources have been expended to rush them through at the end.
So we appreciate you giving this extension, and we'll continue to
work with staff as this moves forward through the process.
CHAIRMAN COYLE: Okay. Thank you very much.
MR. MITCHELL: Brad Cornell is your next speaker.
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November 9,2010
MR. CORNELL: Good morning, I'm Brad Cornell on behalf of
Collier Audubon, and I intended to speak on -- sorry. It was 9B. I
wrote down 10B. So I'm here on the wrong thing.
COMMISSIONER FIALA: We like seeing you anyway.
CHAIRMAN COYLE: It was good seeing you, Brad.
MR. CORNELL: Thank you.
CHAIRMAN COYLE: Okay. Was that the last speaker?
MR. MITCHELL: Sir, that was the last speaker.
CHAIRMAN COYLE: Okay. Do you have anything else,
County Manager, that we can take care of?
MR. OCHS: Did we vote on that one?
CHAIRMAN COYLE: Oh, yes.
COMMISSIONER HALAS: I can -- let me speak up.
CHAIRMAN COYLE: Okay. We've got to vote on that item.
COMMISSIONER HALAS: Yeah, let's vote on that one.
CHAIRMAN COYLE: Commissioner Henning had a motion to
approve, if I remember correctly.
COMMISSIONER FIALA: And I seconded it.
COMMISSIONER HALAS: That's right.
CHAIRMAN COYLE: Yeah. So all in favor, please signify by
saYIng aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
Anything else?
Item #10C
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November 9,2010
A REQUEST TO REMAND TO THE COLLIER COUNTY
PLANNING COMMISSION (CCPC) FOR RECONSIDERATION
OF THE REZONING PETITION NUMBER PUDZ-2004-AR-6829,
PETITIONER: COLLIER DAVIS, LLC, WHO IS REQUESTING A
REZONE FROM THE ESTATES (E) ZONING DISTRICT TO THE
MIXED USE PLANNED UNIT DEVELOPMENT (MPUD)
ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE
DAVIS RESERVE MPUD - MOTION TO DENY REQUEST -
APPROVED
MR.OCHS: We can go to 10C, which was previously 16A4,
that was moved at Commissioner Henning's request, if you would like,
SIr.
CHAIRMAN COYLE: Yeah, okay.
COMMISSIONER HENNING: Yeah, I don't think this will take
long.
The issue, Commissioners, is, there was a motion and second to
approve a proj ect with stips by the Planning Commission. It failed.
That's a de facto denial from the Planning Commission, so I think
they've done their job.
They spent over six hours on this item. I did watch some of that
on the repeat. The petitioner was reluctant to do some changes as
recommended by the Planning Commission.
When there was a motion and seconded, seeing that it was going
to fail, they asked for a continuance, but that was offered to them
several times in the past.
Our ordinance says that the Planning Commission shall make
recommendations to the Board of Commissioners on zoning issues,
and I think they've done that.
MR. MITCHELL: Sir, we have one public speaker.
CHAIRMAN COYLE: You have one public speaker on that
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November 9,2010
item?
MR. MITCHELL: Yes, sir.
CHAIRMAN COYLE: Let's call that speaker.
MR. MITCHELL: Duane Billington.
MR. BILLINGTON: I withdraw.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: Commissioner?
CHAIRMAN COYLE: Go ahead, Commissioner Fiala.
MR. PRITT: I also signed up.
COMMISSIONER FIALA: I'll tell you, I totally agree with
Commissioner Henning, and I've spoken to a few of the people from
the Planning Commission. They said, we've gone through this
repeatedly. We've discussed the whole thing. What more do we have
to discover? Because we've already done this. So I would prefer not
to bring it back and just bring it back to us to make the decision in
December.
MR. MITCHELL: Sir, we do have one more speaker, Robert D.
Pritt.
MR. PRITT: Thank you, Mr. Chairman, Members of the
Commission. I'm Robert Pritt. I'm the attorney for the petitioner in
this matter.
And there was some -- at the end of the meeting, when the vote
was taken, there were some questions that I'd asked about whether or
not there's a cost to come back.
They voted -- they went ahead and voted on it, and I understand
that's the process and procedure.
We're prepared to go to hearing before the County Commission,
but I will tell you that there were 22 issues that were raised, most of
which had to do with Site Development Plan issues that the Planning
Commission wanted to deal with, including coming back to the
Planning Commission for Site Development Plan, for approval of Site
Development Plan.
Page 45
November 9,2010
In looking at it from afar after a few days, a few weeks, perhaps,
we thought that with this many issues coming before you, most of
which are very, very minor, that we could get that cleaned up back
with the Planning Commission. And if anything comes back to you,
it's really going to be one or two issues, we hope.
So that was the rationale for that. And I think the staff supported
that. They can tell you themselves. But that was the idea, rather than
have you trying to weed through issues where there are problems.
Be glad to answer any questions or try to answer any questions if
you have any.
CHAIRMAN COYLE: Anybody have any questions?
COMMISSIONER HALAS: I do.
COMMISSIONER HENNING: No. I just move to deny this at
-- the 16A4.
COMMISSIONER FIALA: Second.
COMMISSIONER HALAS: How long has this --
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Okay. How long has this issue
been going on back and forth with the Planning Commission where
you haven't cooperated with them in regards to addressing some of the
issues that were brought to them?
MR. PRITT: I'm sorry. Where we haven't cooperated?
COMMISSIONER HALAS: Basically, yeah. How many times
-- how many times has the Planning Commission heard this? How
many years has this been an ongoing PUD that's been addressed--
MR. PRITT: We've been to the Planning Commission, I think,
twice, and the original application, I think, was filed in 2005.
There's a lot of controversy over the Compo Plan requirement.
You may recall that I was before this board in January asking if the
board would consider sending forward a -- an amendment to the
Compo Plan that does away with or changes the affordable housing
component. This board put an affordable housing component on the
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November 9,2010
petitioner in the Compo Plan on the subdistrict at a time when that was
very important. I'm not saying it isn't now. But there is a lot of
controversy over that in the neighborhood, and we've been trying to
work with the neighborhood, but to no avail, and here we are.
So we'll be glad to come back before the -- before this board, and
we thought, in retrospect, that we could get most of these technical,
the smaller technical issues taken care of, and maybe, perhaps, all the
issues taken care of prior to your considering the matter.
COMMISSIONER HALAS: Okay.
CHAIRMAN COYLE: Okay. Any further questions?
Commissioner Henning has a motion to deny. Is there a second?
COMMISSIONER FIALA: I seconded it.
CHAIRMAN COYLE: Okay. Second by Commissioner Fiala.
Any further discussion?
COMMISSIONER COLETTA: Of course, a substitute motion
would be to bring it back if there's an interest in doing it, if this motion
fails.
CHAIRMAN COYLE: Yes, yes.
Okay. All in favor of the motion to deny, please signify by
saYIng aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Okay. The motion passes 5-1 (sic) with
Commissioner Coletta --
COMMISSIONER HALAS: 4-1.
CHAIRMAN COYLE: I'm sorry, 4-1, with Commissioner
Coletta dissenting.
I used to be able to count only to three. N ow I have to count to
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November 9,2010
five.
Item #10D
FIRST AMENDMENT TO THE STARNES CATTLE LEASE
AGREEMENT AND A US DEPARTMENT OF AGRICULTURE
CONTROL OF AGRICULTURAL LAND AGREEMENT, WHICH
WOULD RESULT IN AN ANNUAL SAVINGS TO COLLIER
COUNTY OF APPROXIMATELY $5.633 - APPROVED
MR.OCHS: Commissioner, we're available to go to the other
add-on, Item 10D, which would be --
CHAIRMAN COYLE: That will be 16El.
MR. OCHS: -- 16E 1, which is a recommendation to authorize
the chairman to sign the first amendment to the Starnes cattle lease
agreement and a US Department of Agriculture Control of
Agricultural Land Agreement, which would result in an annual
savings to the county of approximately $5,633.
And Commissioner Henning, I believe, had asked for this item to
be brought forward.
COMMISSIONER HENNING: Yeah, correct. This agreement
is with Mr. Starnes, who is also a judge in the 20th circuit district. I
have a case in the 20th circuit which Judge Starnes is hearing. I don't
want the perception of favoritism, so I will abstain from the motion.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Okay. Motion to approve by
Commissioner Fiala, second by Commissioner Halas.
And Commissioner Henning's desire to abstain is legally
supportable, County Attorney?
MR. KLATZKOW: And appropriate, yes.
CHAIRMAN COYLE: Yes, okay. All in favor, please signify
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November 9,2010
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
COMMISSIONER HENNING: Abstain.
CHAIRMAN COYLE: Okay. Then it passes four to -- with four
votes with Commissioner Henning abstaining.
COMMISSIONER HENNING: One abstention. Thank you.
MR.OCHS: Commissioners, we have one more add-on item, if
the board wants to take that before the break. If was --
CHAIRMAN COYLE: Commissioner Henning, will that take
long?
COMMISSIONER HENNING: Yeah.
CHAIRMAN COYLE: It will?
COMMISSIONER HENNING: Yeah. It's a mess.
CHAIRMAN COYLE: Let's take it anyway.
COMMISSIONER HENNING: Okay.
Item #10E
STAFF-APPROVED CHANGE ORDERS AND CHANGES TO
WORK ORDERS - MOTION TO APPROVE W/EXCEPTION TO
ITEM #6 (GOODLAND BOAT PARK), ITEM #9 (HANDYMAN
AND MINOR CARPENTRY SERVICES) AND ITEM #10
(HANDYMAN AND MINOR CARPENTRY SERVICES) -
APPROVED
CHAIRMAN COYLE: It will be 16 -- it will be 10E, and that's
16E 7.
MR.OCHS: Yes, sir. That's a recommendation to accept reports
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November 9,2010
and ratify staff-approved change orders and changes to work orders.
COMMISSIONER HENNING: There is a -- actually, if you
look on Page 10 of 57, number six, Goodland Boat Park, it is a change
order for approximately 10 percent, and the reason is, insignificant
quality of project, poor design and functions.
I asked for a breakdown of these items, and I haven't received
them. I only received one of them. And by the way, I've heard
several comments from people who use that. And I can tell you that
I've used it myself, and I must agree, that is not user friendly.
The -- there are -- there are several still outstanding issues at that
park. One of the things that they had to do, they put a drainage right
in the middle of the boat launch that was set so far down that cars
were getting stuck on the pavement. There was a fish-cleaning table
with a garden hose. In order to turn on the garden hose, you had to go
around the landscaping buffer to turn it on and across the riprap there.
They have a floating dock there with no cleats, so when you
launch your boat, you have to have some assistance to hold the
floating dock. The fixed docks there, you need a ladder to get on there.
Some of the docks have ladders.
There's so many barnacles on those ladders, I don't see how
anybody could use them. You would need a paramedic over there for
all the cuts that you would get.
That is more than a poor design, and I would like a complete
breakdown on that.
CHAIRMAN COYLE: Commissioner Henning, could I suggest
-- and I also have lots and lots of questions in this same area. The--
can we remove from approval the ones that Commissioner Henning is
concerned about, approve the remainder, and get a report from you
about these concerns? And I've already talked with the county
manager about the number of rather large change order requests here,
which, to me, indicate inadequate proj ect manager oversight.
So if -- Commissioner Henning, if you could identify the ones
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November 9,2010
you'd like to exclude from this approval and, perhaps, we could
proceed with the others.
COMMISSIONER HENNING: That's very fair. Thank you very
much.
So I move to approve, what is that 10D? Which one did it move
to?
COMMISSIONER FIALA: 10E.
COMMISSIONER HENNING: 10E--
CHAIRMAN COYLE: 10E.
COMMISSIONER HENNING: -- with the exception of number
six, Goodland Boat Park modifications, and number nine, which is
Handyman Minor Carpentry Services, and ten, contract amendment,
Handyman Minor Carpentry Services.
CHAIRMAN COYLE: Okay. And then the nine and ten are
zero dollar amounts, but there are changes in the agreement itself.
COMMISSIONER HENNING: Correct.
CHAIRMAN COYLE: That's your understanding, right?
COMMISSIONER HENNING: Correct.
CHAIRMAN COYLE: Okay. Then you have a motion to
approve Item 16E7, which has become 10E with the exception of item
number six, item number nine, and item number ten; is that correct?
COMMISSIONER HENNING: That's correct.
CHAIRMAN COYLE: Okay. Is there a second?
COMMISSIONER COLETTA: Second.
COMMISSIONER FIALA: Well--
CHAIRMAN COYLE: Okay. Second by Commissioner
Coletta.
COMMISSIONER FIALA: I have a question though.
CHAIRMAN COYLE: Yes.
COMMISSIONER FIALA: Didn't you want to pull some off as
well?
CHAIRMAN COYLE: No. I had questions of the others, and I
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November 9,2010
asked the county manager to provide me some information and review
the process by which project managers are held accountable for the
outcome of these projects to reduce the number of change orders that
we're encountering here, and he has resolved that he will do that --
COMMISSIONER FIALA: Okay.
CHAIRMAN COYLE: -- and provide. reports to the board. So
that answered most of my questions.
And, Commissioner Halas, you have a question?
COMMISSIONER HALAS: Yes. While we're on the subject of
some of the shortcomings of this boat dock, can someone enlighten me
why some of these items were addressed in the way they were? Was
there underlying circumstances in the design of this facility?
MR. McALPIN: For the record, Gary McAlpin, Coastal Zone
Management.
Commissioner Halas, the -- this item -- this change order consists
of items that were value added, code compliant, unforeseen site
conditions and errors by the -- that the engineering consultant made on
this project. And it would depend upon which item that they were.
This facility was built on a bog. There was a number of poor borings
that were taken prior to the fact that did not adequately represent the
soil conditions here.
But if you have a list of the items that we -- that you have
concerns about, we'll be happy to address those specifically.
COMMISSIONER HALAS: Well, like if you didn't have cleats
on a floating dock and if you had a drainage area that prohibited
people using the ramp so that they got stuck, I guess those are some of
the items of concern. And how is this oversight -- how would this
oversight happen?
MR. McALPIN: Commissioner, we -- the area with the boat
ramp was a design error with the consultant. It was since corrected as
a result of that. The cleats relative to the floating dock, we believe
that there were adequate cleats there, but we certainly have added
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November 9,2010
additional cleats since the comments have come up.
COMMISSIONER HALAS: And who was the -- who was the
consultant that worked on this?
MR. McALPIN: Johnson Engineering was the consultant on this
proj ect.
COMMISSIONER HALAS: Okay. They've had past
experiences with building boat ramps?
MR. McALPIN: They have past experiences with marine
construction and boat ramps, yes, sir.
COMMISSIONER HALAS: Okay. Thank you.
CHAIRMAN COYLE: Okay. So the motion -- motion is that
we will approve it with the exception of those three items and that
you're going to provide the board a report, a detailed report, on the
deficiencies that Commissioner Henning has outlined?
MR.OCHS: Yes, sir.
CHAIRMAN COYLE: Okay. All right.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: The motion passes unanimously.
And we're going to take a ten-minute break. Thank you very
much.
COMMISSIONER HALAS: Before we take --
CHAIRMAN COYLE: Oh, I'm sorry. Commissioner Halas.
COMMISSIONER HALAS: Before we take a break, I'd just like
to acknowledge my wife is in the audience here, Diane Halas. And as
everyone knows, behind every successful man there's a woman, and I
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November 9,2010
want to thank her for that.
CHAIRMAN COYLE: That's right. Diane stand up.
(Applause.)
COMMISSIONER HALAS: And I just want to thank her for her
perseverance through the last eight years. And of course, we put a lot
of things on hold in regards to travel and so on. So we're hoping that
once I leave this commission, that her health will be such that we can
go out and do some traveling.
So Diane, thank you very much for your due diligence, and I love
you.
CHAIRMAN COYLE: Thank you, Diane, for being here and
keeping him straight. It made it a lot easier for us. Thank you.
And we're going to have a break now. Okay, thank you.
(A brief recess was had.)
CHAIRMAN COYLE: Ladies and gentlemen, the Board of
County Commission meeting is back in session.
County Manager, where are we going now?
Item #9 A
DISCUSSION OF POTENTIAL COMPLAINT CONCERNING
PARAMEDIC TESTING IRREGULARITIES - MOTION TO SEND
TO STATE FOR REVIEW - APPROVED
MR.OCHS: Commissioners, we're going to Item 9 on your
agenda this morning. It's Board of County Commissioners. 9A is a
discussion of potential complaint concerning paramedic testing
irregularities. And this item was placed on the agenda by
Commissioner Coyle.
CHAIRMAN COYLE: Okay. As most everyone knows,
recently the Board of County Commissioners implemented a policy
that any complaints concerning other agencies in Collier County by
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employees of Collier County Government here who work for the
board and/or the county manager should be submitted to the Board of
County Commissioners since we make the decisions concerning
official complaints. And one such item has come before us, and we're
going to discuss that today.
Now, we -- the item itself consists of a number of sworn
statements by individuals who have direct and/or indirect knowledge
of a potential improper test administration for paramedics who are
certified to practice in Collier County, and we're going to take the
information that we have and we're going to consider it as to whether
or not we will take official action to file a complaint.
So County Manager, let's start with the first person.
MR. OCHS: Yes, sir. That would be, Chief Jeff Page will give a
summary of the information as we know it.
CHIEF PAGE: Good morning, Commissioners. For the record,
Jeff Page, Emergency Medical Services, and I've got Chief Rodriguez
from Isles of Capri and Chief MacLaughlin from Ochopee Fire
District.
Basically, the timeline for this is that on October 18th there was
an email that was sent from North Naples Firefighter Eloy Rodriguez,
or Ricardo, excuse me, sent out at 11: 18 at night, and was titled, drug
calc. study guide, and it was sent to some of the students in the
medical career institute, or what I'm going to refer to as the MCI class.
It was not sent to all of the individuals in the class; however, on
the 21st, that drug calculation test was administered by MCI in that
morning. And then on October 25th, the drug calc. retest for those
that failed was given.
On the 23rd of October, I was initially contacted by Chief
McLaughlin concerning a document that he said I needed to see. And
I was out of town at the time.
When I got back in town on the 25th, Chief McLaughlin met
with me and presented an email from Eloy titled, the drug calc. study
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guide, and it was sent to an Ochopee firefighter named Justin
Raymond from Austin Peluchette, and Austin Peluchette is a volunteer
for Isles of Capri.
October 25th, someone wrote on Justin Raymond's windshield of
his car, you're dead. And Justin spoke to the Sheriffs Office, but they
said that there wasn't that much they could do with it unless he knew
specifically who did it.
October 26th I met with Richard Gonzalez here in the boardroom
prior to that meeting that day and confirmed with him that Eloy
Ricardo's email included photos of the actual test that was given, and
he confirmed that, and he said that somebody must have broken into
his office and stole the test and everyone was going to receive a zero.
CHAIRMAN COYLE: Would you tell us who this person is?
CHIEF PAGE: Richard Gonzalez is the owner of the MCI
Institute, Medical Career Institute.
CHAIRMAN COYLE: Okay. He's the person who is
responsible for administering the test and the training?
CHIEF PAGE: Yes, sir, correct. That's my knowledge, yes. I
had some familiarity with Richard. He actually had sent an email to
you back in May and August, I think, of 2009, asking that his students
be allowed to ride on our units for ride time.
As was explained to him, our ride agreement is with Edison
Community College. His school is not really accredited, so it's not
something that we would agree to do.
The way this came about where some of his students were riding
is that, what I told Richard is, we would look at them individually.
We did have some members of the bureau staff and also the City of
Naples that we have a partnership with, that we allowed to sign a ride
agreement individually, not as a whole class. The system can't really
take that many students along with the Edison students.
CHAIRMAN COYLE: I don't want to get too far off track here.
I only want to know who this guy is.
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CHIEF PAGE: Okay. Well, he's here today.
CHAIRMAN COYLE: Oh, he is here.
CHIEF PAGE: Yes.
CHAIRMAN COYLE: So he can speak for himself.
CHIEF PAGE: Sure.
CHAIRMAN COYLE: Okay. All right. That's wonderful.
Okay.
CHIEF PAGE: October 26, after I met with him, he left the
boardroom, and then the next morning, early in the morning, probably
around eight o'clock, before his class started, he called me and
explained that he had given the test out of the study guide as a mistake
and reported the issue to the state bureau of EMS who was going to
send him another test.
I pointed out to him that there were some holes in that story
because the state doesn't provide the test. It's actually the institute that
makes them, so that didn't really jibe.
That same morning, right after I spoke to him -- I guess his class
starts at nine o'clock -- Gonzalez confronts the class demanding to
know who gave Eloy's email to Page, and threatened to kill whoever
was responsible stating, you have opened up Pandora's box.
October 29th, I met with Chief Stolts, along with Dan Summers
in a prearranged meeting to talk about some issues, and coincidentally
one of the issues that Chief Stolts had on the agenda to talk about, as
did I, was giving -- providing his guys ride time that were in this class.
I went ahead and provided Chief Stolts the information that I had
up to that point. And I also met with Chief McEnearney that same
day and gave him what I had given Chief Stolts, because both had
students in the class.
On the evening of the 29th, I met with Chief McLaughlin and
Firefighter Raymond. And the following day -- or I'm sorry. On the
31 st -- it was actually a Sunday. I had asked Raymond if I could come
out, Firefighter Raymond, if I could come out and talk to him. He said
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I could. And I also obtained a written statement on that day after
notifying Chief McLaughlin that I was heading out to the station.
November 1 st, Firefighter Raymond provided a sworn affidavit
in my offices and also provided the Sheriffs Office the same
information. Keep in mind he felt threatened at this point due to the
classroom discussion.
CHAIRMAN COYLE: Is Firefighter Raymond here today?
Will he be able to speak for himself?
CHIEF PAGE: Yes, sir, he is here.
CHAIRMAN COYLE: Okay.
CHIEF PAGE: November 2nd, Chief McLaughlin provided his
sworn affidavit. The sworn affidavit from Firefighter Peluchette, the
volunteer from Isles, was also obtained. Chief Rodriguez obtained an
audio recording that was voluntarily provided by Peluchette from his
cell phone of the class at the point where he discussed that the
instructor, Mr. Gonzalez, had flipped out on his class for cheating.
Peluchette said he was scared and threatened, and that's why he made
the recording.
CHAIRMAN COYLE: Is there a recording that is available?
CHIEF PAGE: Yes, there is, and it's transcribed.
CHAIRMAN COYLE: Okay. It's going to be presented today?
CHIEF PAGE: Commissioner, there is a lot of -- I can certainly
provide it to you today, the transcription. I can give you the tape,
disk, or whatever you want, but the language --
CHAIRMAN COYLE: Yeah, I understand that. Okay.
CHIEF PAGE: Okay. Let's see. Where am I here?
November 2nd, close to midnight, Firefighter Peluchette from
Isles leaves a somewhat threatening message on the voice mail of
Firefighter Raymond, keep your mouth shut about everything. We
also have a copy of that recording.
On November 3rd, Chief Rodriguez provides his sworn affidavit.
November 4th, the transcript is made ofPeluchette's recording
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provided to Chief Rodriguez and Chief McLaughlin.
On November 4th, a recording is made ofPeluchette's voice
message and provided to Chief Page and the Sheriffs Office.
November 4th, second meeting with the City of Naples, Chief
McEnearney to provide the entire packet that I had up to that point.
And, Commissioners, really, you know, this is the type of thing --
the state requires any licensed provider, health provider, whether it's
an EMT, a paramedic, a doctor, a nurse, if they're aware of violations
of 401, it's their duty to report, and that's basically what we're asking
you to do, is you let us take this to the state. Let them conduct their
investigation. It's up to them.
CHAIRMAN COYLE: Okay. All right. Who else is going to --
CHIEF PAGE: Anyone you'd like to speak to.
MR.OCHS: Commissioner, we tried to provide a summary at
this point. If you want to call on someone individually, they're here.
But that generally is the summation of the events as we understand
them.
CHAIRMAN COYLE: Okay. The person who administers the
school, who is that person? And you're Mr. Rodriguez, is it?
MR. GONZALEZ: Gonzalez.
CHAIRMAN COYLE: Gonzalez, I'm sorry. Would you like to
make a statement?
MR. GONZALEZ: By all means.
CHAIRMAN COYLE: Okay. Then if you would, you can take
that podium or that one, whichever you're --
MR. GONZALEZ: Right here is fine.
CHAIRMAN COYLE: -- more comfortable with.
MR. GONZALEZ: Good morning. Richard Gonzalez,
President, Director, Lead Instructor ofMCI.
Again, I apologize for everybody being here, wasting taxpayers'
time and money. I made it very clear the date that Chief Page called
me on his cell phone -- we met right back there. Chief Page showed
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me the copy of the drug calc. study guide. I made it very clear and
precise to him, it was a study guide, period.
He still was adamant that it was the exam. He said that it was up
to him to notify Tober of Collier County EMS.
My question is very simple. What does a Collier County agency
and the medical director of Collier County have to do with a private
business, period? Our students don't work or provide medicine in
Collier County. Florida-wide. That's why they're called state
paramedics, not Collier County paramedics.
So my question was, what's his right of authority to regulate or
tell me how to run the school?
Secondly, 45 minutes after I left you, I called Ricky Stone, State
of Florida, Bureau of EMS, made it clear that I had made possibly a
mistake in giving the exact study guide as the actual exam, asked him
why the two people who didn't receive the study guide didn't get it,
because they left early, like they weren't supposed to. So if they
would have stayed in class till six, maybe Justin and Austin would
have had copies of the study guide; therefore, if they left early, how
would they have received the email? Ask yourself that, or better yet,
ask him that.
The following -- that same day I called the bureau, made a letter
to Ricky Stone, which I will provide to you guys, two pages long,
stating that I made a mistake. I gave the exact exam twice. I will
admit to that. I did. I made it very clear. At no time did I tell Jeff
Page that the bureau will provide me with an exam.
I've been doing this for 11 years. I'm pretty well aware of state
statute. I create my own exams. I made it very clear to Chief Page
that I will give them a new exam, the proper exam. And by the way, I
attached both the exam and study guide to the Bureau of EMS, which
I have here, and I will show you.
So they were well aware of my mistake internally as a private
business, not a community college, not an employee for Collier
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County EMS, but as a private institute.
Tuesday, the 27th, I want to say, he called me at night, 6:45 p.m.
at the school, left me a voice mail that he has additional information to
provide me. I was -- pretty much want to hear it.
The next morning, Eloy and myself sat in my office, put him on
speakerphone. He started to make allegations that he had more
information for me. I tried to explain to him what mistake I made, but
apparently that didn't suffice Chief Page. He wanted me to sit there
and state, yes, that was the exam, when it wasn't. He wanted to nail
North Naples firemen, again, back on the cross.
It didn't happen. It was a mistake that I ate and I accepted, but
Chief Page did not. That's fine. He made the allegations that I work
for Miami-Dade Fire Rescue as lieutenant, that Eloy's brother works
with me. He tried to insinuate that Omar might have given the exam
to Eloy, which means that now I'm a liar and a thief, giving his brother
a copy of the exam.
Now, is this the kind of behavior that you're going to tolerate for
your EMS to run? I don't think so. And me as a private owner, a
private citizen, a resident in Collier County, won't put up with it. He
has defamated (sic) my school and myself all over by putting it in the
paper. Did you guys get a copy of this?
CHAIRMAN COYLE: Yeah. We read it this morning.
MR. GONZALEZ: Yeah. Did you read all the sworn statements
of me on the Internet? He turned an internal mistake into public
record. Great for me.
I have here -- ask to show you guys, sir. Do you mind? Thank
you. On his statement Chief Page made, that all the students made a
100 percent on their exam and I'm trying to cover up their exam. Do
you mind if I read out the scores for you for this alleged exam that
everybody got 100 on? Do you mind?
CHAIRMAN COYLE: I didn't hear that everyone got 100 on it,
but --
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MR. GONZALEZ: Oh, no. It's in the sworn statement that your
chief over there made, a public record. I'll show it to you if you want.
Exam, 72 percent, 44 percent, 70, 100 was made by Taylor. Oh,
yeah, Ohio State graduate in education. A little smart, I think so,
yeah; 44, 70 percent, 90, 74, 88, 92, 98, 98, 96, 76, 60, Mr. Raymond,
82, 92, 98.
Is it fair to say that maybe firemen are a little smart? A tad bit,
Chief; is that fair to state? I think so. I'm not that slow, okay? That
was the first one that everybody had a copy of.
By the way, everybody has to show work on how they came up
with the answers. It's not a multiple choice exam. You have to prove
how you came up with the answer. Unless they have a beautiful mind
and can remember everything and recite math to a tee, then God bless
them.
The earliest exam took two hours to finish, two hours. If they
had the exam answers and everything, wouldn't you think that they
would finish a little earlier? I would. Why waste two hours sitting
there on a hard chair for nothing. Call me crazy.
On this second exam that I gave everybody, it's funny how the
same five people who failed the first one that they had copies of,
failed the new one. I find it astonishing. Don't you, Chief?
CHIEF PAGE: Not at all.
MR. GONZALEZ: Okay. So firemen are a little smart then?
Thank you.
So tell me, how is it that a county is going to sit here and regulate
how I give an exam in a private school? If I want to email the exam to
everybody, if I want to do exams via open book, I better justify what
I'm doing it for, but at no time does Chief Page have the authority or
the right to tell me how to teach my class, how to make them become
paramedics. What's his authority between him and Tober is what I
want to know.
CHAIRMAN COYLE: Well, that really has nothing to do with
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what we're talking about here.
MR. GONZALEZ: It does, because his concern --
CHAIRMAN COYLE: Just listen to me for a minute. The
Board of County Commissioners has a responsibility for the health,
safety, and welfare of the people of Collier County, and if you're
certifying people to perform services that affect the health and safety
of the citizens and visitors of Collier County, it is our concern, not
only that, they have a right and an obligation anytime they want to
make a complaint against you, as does anybody else.
MR. GONZALEZ: They do.
CHAIRMAN COYLE: And the complaint will be properly
investigated.
What we're trying to determine here is whether or not there is
sufficient cause for Collier County to do that, and you really, quite
frankly, haven't answered many of the questions.
MR. GONZALEZ: Okay.
CHAIRMAN COYLE: If you'll listen for a few minutes, we'll
see if we can't go through them.
MR. GONZALEZ: Go ahead.
CHAIRMAN COYLE: Number one, you passed out this
so-called study guide during the class.
MR. GONZALEZ: No, sir. The study guide was -- we went
over drug calcs. the entire day, okay. We came back from lunch,
we're still doing the drug calcs. Austin and Justin left early. My
copier jammed up. The only way for us to either do copies would
either be go to Kinkos or Office Max, make copies, or take pictures,
which is now technology, and email it to everybody. I said, go for it.
CHAIRMAN COYLE: Okay. Did you email them to
everybody?
MR. GONZALEZ: I didn't. The other student did. It was a
study guide, not the exam, which is what I'm trying to explain to you.
CHAIRMAN COYLE: You just told us that you made a mistake
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and gave them the exam as a study guide.
MR. GONZALEZ: The first day of class, the first -- the 18th, the
study guide that everybody emailed was the 18th. The following three
days, on the 21st, was the exam day, three days later.
When I came to work, I grabbed the wrong exam and gave it to
them, because the exam and the study guide are both 40 questions.
They're both labeled exam, study guide and an exam, which I'll show
you.
CHAIRMAN COYLE: So you sent out a study guide?
MR. GONZALEZ: Correct.
CHAIRMAN COYLE: And then you sent out -- who's talking
back there? Oh, yeah. Now I understand.
So you sent out a study guide --
MR. GONZALEZ: Correct.
CHAIRMAN COYLE: -- before the exam?
MR. GONZALEZ: Correct.
CHAIRMAN COYLE: And then when you decided to
administer the exam, you mistakenly took that study guide and
administered it as an exam?
MR. GONZALEZ: By mistake.
CHAIRMAN COYLE: Okay.
MR. GONZALEZ: And I notified the bureau of my mistake, and
their answer was, what did you do? I said, I'm going to give them a
new exam. They said, very well.
CHAIRMAN COYLE: Okay. Now, when the first study guide
was sent out --
MR. GONZALEZ: Okay.
CHAIRMAN COYLE: -- how was it sent out?
MR. GONZALEZ: Email.
CHAIRMAN COYLE: Email from whom?
MR. GONZALEZ: From Eloy Ricardo, which I told him to. I
gave him permission to send out the study guide.
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CHAIRMAN COYLE: And he is whom; is he a student?
MR. GONZALEZ: Unfortunately he's a North Naples fireman.
CHAIRMAN COYLE: Okay.
MR. GONZALEZ: Right there.
CHAIRMAN COYLE: So he sent it out in an email?
MR. GONZALEZ: Correct. To 15 out of 17 people, because the
other two left early from class.
CHAIRMAN COYLE: What does that have to do with their
email address?
MR. GONZALEZ: That's why -- on the affidavit their complaint
was, they never received the study guide because they left early on
their sworn --
CHAIRMAN COYLE: But if you sent it out on email--
MR. GONZALEZ: Because the 15, sir, that were there, gave the
email to Eloy. The two that left prior to weren't there, so their emails
weren't given to Eloy. On their sworn statement, they even said it,
that they didn't get the email because they left class early.
CHAIRMAN COYLE: And subsequently, you apparently were
upset that somebody made a statement --
MR. GONZALEZ: I was very upset that somebody was, A,
accusing me and the school of cheating, first of all, when all they have
to do is come to my office and go with me and tell me they have a
complaint, and I will do it on my level internally and if I find just
cause per Statute 401, I will make a formal complaint to the Bureau of
EMS, like I will and like I should.
CHAIRMAN COYLE: Okay. I'm -- I've asked a lot of questions
and taken a lot of time.
Commissioner Henning, go ahead.
COMMISSIONER HENNING: What's the -- if this is not an
accredited school, I think that's what you said, what's the -- what's the
significance? I mean, do local fire departments or EMS hire based
upon the results of a student taking classes at this school?
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CHIEF PAGE: No, sir, not necessarily. But this is licensed by
the Bureau of EMS. It's on its website, and I confirmed that, that he is
licensed by the state.
COMMISSIONER HENNING: Okay.
CHIEF PAGE: And I believe he had a similar school in Miami
at one point?
COMMISSIONER HENNING: Well, wait a minute.
CHIEF PAGE: Okay.
COMMISSIONER HENNING: So there's -- nobody hires or --
is there any recertification from paramedics or EMTs that this school
administers that keeps them -- their certification up to date?
CHIEF PAGE: No, sir. This was a group of EMTs trying to get
a paramedic certificate that would allow them to sit for the state exam.
These are practicing EMTs, for the most part.
COMMISSIONER HENNING: Okay. So it's a -- it's a school to
get you prepared for the state exam.
CHIEF PAGE: They have to pass the school in order to sit for
the exam. It's not just preparation.
COMMISSIONER HENNING: Okay. And does the state -- so
the state does recognize this as part of the process for an EMT to get a
paramedic's license?
CHIEF PAGE: My understanding is they're licensed by the State
Bureau of Health to be a training center that would allow for them --
once they pass all the tests, they would be allowed to sit for the state
exam.
COMMISSIONER HENNING: Where does the state exam --
where do you take that? Is that --
CHIEF PAGE: Multiple areas all over.
COMMISSIONER HENNING: All over, okay. Thank you.
CHAIRMAN COYLE: Any other questions? Any other
information you want us to have?
MR. GONZALEZ: Just that the recordings that they have were
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done on a private grounds, prior property. Florida is a two-cent (sic)
consent law to record privately. So the recording that they have on
them violates Florida Statute 934.03, which is a third-degree felony in
Florida to disclose any information on a recording to other people.
CHAIRMAN COYLE: Do you object to having that recording
or transcript --
MR. GONZALEZ: I never agreed to it. I never consented to any
recording. In Florida, it's a two-consent state. Both parties need to
have consent. I never consented to the recording.
CHAIRMAN COYLE: You're a lawyer?
MR. GONZALEZ: No, sir. I just read the Florida Statute and
pulled it up.
CHAIRMAN COYLE: Okay, okay. All right. Thank you.
Commissioner Halas?
COMMISSIONER HALAS: County Attorney, can we ask this
Justin Raymond to give his side of the story on this?
MR. KLATZKOW: Yes.
COMMISSIONER HALAS: Okay. Is Justin Raymond here?
MR. RAYMOND: Yes, sir.
COMMISSIONER HALAS: I think since you're the one that's
had threats, and these are sworn statements, I'd like to hear your side
of the story.
MR. RAYMOND: Yes, sir. I basically came into my chiefs
office from his request. He sat me down, told me that I needed to
answer him honestly. He didn't want any -- I think the words he used
were BS; otherwise, I may be terminated.
He was pretty strict with me under the gun. He says, do you have
any knowledge of any cheating? I said no, I don't.
Did you cheat at all? I said no. I said what is this about? He
said, you know anything about a math calculation test? I said yeah.
I've taken it a couple times because I failed. I said, so if you have any
questions about it, call my instructor, Mr. Gonzalez.
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I've spoken to Mr. Gonzalez and told him that -- what was going
on and that, you know, hey, there's no real proof in my opinion on
anybody doing anything other than what came about in further
testimony or sworn statements by other people. I told my chief that I
could give you proof that I personally did not cheat at all on any test.
So I provided them with that information, and that information
said study guide on it, which was -- I received it two days after I took
the test that I failed. So in that sense I had proven to my chief that I
had no part of any alleged cheating.
Pretty much that's where my job ended on that one. I spoke to
my instructor and told him that, listen, I'm feeling like the fall guy on
this one. They needed the lone wolf. They found a lone wolf. And I'm
out in Ochopee. That's what I do out there.
I put my own money into this course. I think the total cost is like
$5,500. I think I've given Mr. Gonzalez probably 3,000 at this point.
I'd gone to many of his study sessions. And I got a pretty good
relationship with him at this point as far as I know.
I know he's not happy about everything that's happening. But in
fear of losing my job, I just told the truth, and at this point I had no
part of any cheating.
As far as leaving early, when I've left earlier -- I've left early for
two reasons. One is, I have two little boys, and I felt threatened for
their safety when somebody decided to fingerpaint on my car and say,
you're dead, in writing. Went to the Sheriffs Office on two different
occaSIons.
The other reason for leaving early would be that I have to be out
in Ochopee, and from Bonita Beach Road, it takes me an hour to get
there. So that's pretty much it.
COMMISSIONER HALAS: Question I have for you, I think
you stated that you received this study guide two days after you took
the test; is that correct?
MR. RAYMOND: Yes, and it was labeled study guide.
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COMMISSIONER HALAS: And how did you get the study
guide?
MR. RAYMOND: Another firefighter in the class had sent it to
me. I think I -- I believe I was the last person to get it, but --
COMMISSIONER HALAS: Did you receive anything on the
email?
MR. RAYMOND: That's where I received it, sir.
COMMISSIONER HALAS: On email?
MR. RAYMOND: Yes.
COMMISSIONER HALAS: Okay. Because there was a
statement made that you left early, and so, therefore, they didn't have
your email address.
MR. RAYMOND: Another student, you know, sent me some,
like, notes and stuff previous, like earlier in class, but it wasn't
anything from the instructor.
So I know that -- I can't even remember his name. I know my
email -- somebody did have my email in class. I know at least two
people, you know. Mr. Peluchette's one. I went to fire school with
him. As far as I know, he and I were friends. I gave him notes early
on in class along with the other students, prior to me getting ill. I had
pneumonia for a little bit, but I still attended class as much as possible.
I don't know if I answered your question, sir.
COMMISSIONER HALAS: Yeah, you answered part of it. I
was trying to figure out the email aspect you told me took place, that
somebody else in the class had your email address.
Did they have your email address prior to the exam?
MR. RAYMOND: Well, Mr. Ricardo -- like, when he explained
it to me --
COMMISSIONER HALAS: Did he have your email address?
MR. RAYMOND: I don't know if he did.
COMMISSIONER HALAS: Did anybody in the class have your
email address prior to the exam that they could have forwarded the
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study guide to you like they did, supposedly, for the other people?
MR. RAYMOND: I know at least two people that did have my
email. But the person that sent out the email in question, I don't know
if he had my email, because I've never received any email from him,
so --
COMMISSIONER HALAS: Okay.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: After they finish this class, which is
privately run, do they then have to go to the state to take a state test in
order to be certified? So this class just allows them to take that test; is
that it?
MR. RAYMOND: Yes, ma'am.
COMMISSIONER FIALA: I mean, it's not like they're going off
and working as a paramedic until they get the state certification; is that
correct?
MR. RAYMOND: We're studying and we're doing ride time and
clinical times, and then we are practicing under the care of a licensed
paramedic.
COMMISSIONER FIALA: Once you receive your state
certification you mean?
MR. RAYMOND: No. This is previous to going to the state.
COMMISSIONER FIALA: Okay.
MR. RAYMOND: We have to pass this class, we have to go
through clinical hours, we have to go through ride times, we have to
take multiple tests. You know, in my instructor's defense a little bit, I
-- he did make himself available for all of us to go to study sessions
and whatnot, and I attended quite a few of those. I admitted to him
after failing the test that I had no problem with going back and
restudying something that I was bad at.
So basically, you know, as far as the class goes, I -- I think he's a
good teacher as far as -- but everything else that's in question here, I'm
a little fish in a big pond.
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November 9,2010
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Chief Page, if I may direct
questions to you, sir. Forgive me, but we heard the test results. The
test results don't indicate that somebody -- or a number of the students
had less than a perfect score even with the study sheet. I can't
understand that. What do you make of that?
CHIEF PAGE: Well, number one, the study guide that went
around, he mentioned, you know, there was no answers to the test.
And as he stated, the reason for that, from my understanding in talking
to Justin and some others, is that because they have to provide their
math, they get -- they would get the test early, and then you would
have to do that test so that you could do the math on your own, and
then when you would come to class, you would just redo the math, I
guess, on the actual test. At least that's the theory behind it. He wasn't
involved in the cheating, so he didn't have all the inter knowledge.
As far as what my testimony is, my testimony, unlike this
individual, is a sworn statement, and according to Florida law, a
person who makes a false oath or affirmation is subj ect to criminal
charges for perjury.
I'm under -- I was under sworn testimony when I provided my
written statement. He is not. All of these individuals, what they wrote
down, they read this oath information prior to that. So I don't think
anyone of us -- look, I didn't initiate this. It was brought to me from
another chief.
All I'm requesting is that we be -- before the process was formed,
typically this would have been sent up to the state, and that'd be the
end of it for us. The way the process is now, we have to bring it to the
county manager, he brings it to you, and that's where we are today.
We're not asking you to judge whether what happened is what
happened. We're just asking for permission to take it to the state.
COMMISSIONER COLETTA: Well-- and help me with this,
too. When the evidence goes to the state, the state weights in on it and
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November 9,2010
they come back with a ruling, right?
CHIEF PAGE: (Nods head.)
COMMISSIONER COLETTA: You know, I'm having a hard
time getting my arms around it. I'm hearing conflicting testimonies
that make it very difficult for a layperson like myself to be able to
weigh in on this in a meaningful way. So I, for one, have no problem
passing it on up to the state.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: The concern is, when they have a
state certification -- and the school is in, is it Bonita Springs?
MR. GONZALEZ: Yes, sir, Lee County.
COMMISSIONER HALAS: Lee County. This still doesn't meet
the qualifications that we want for our EMS people as far as under the
direction of the medical director; is that correct?
CHIEF PAGE: That's correct. We would never hire somebody
from an unaccredited agency, but however, I do have--
COMMISSIONER HALAS: But he is -- isn't he -- you said he --
isn't he an accredited agency?
CHIEF PAGE: He's not -- that's not an accredited school.
COMMISSIONER HALAS: Well, I thought he made testimony
that he is an accredited school.
MR. GONZALEZ: State licensed.
CHIEF PAGE: He's licensed by the state to be a testing center,
but not under accreditation.
COMMISSIONER HALAS: Ah, okay. And the only
accreditation we have is with the college?
CHIEF PAGE: Yes.
COMMISSIONER HALAS: Edison College?
CHIEF PAGE: Correct. I would just want to add this part
though. Although we would not hire them, a number of these
individuals are hired by local fire districts, so --
CHAIRMAN COYLE: Okay. How many public speakers do we
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November 9,2010
have, Ian?
MR. MITCHELL: We have nine, sir.
CHAIRMAN COYLE: Okay. Let's go with the public speakers.
MR. MITCHELL: Mr. Gonzalez was the first, but you called
him so--
,
CHAIRMAN COYLE: Okay. He's finished.
MR. MITCHELL: Yeah.
Eloy Ricardo, and the second speaker will be Austin Peluchette.
So we could use both podiums.
CHAIRMAN COYLE: Is it Eloy or Elroy?
MR. RICARDO: It's Eloy Ricardo.
CHAIRMAN COYLE: Eloy, okay.
MR. RICARDO: Good morning, I guess, still. Just wanted -- a
couple things I wanted to add since my name keeps bringing (sic) up.
I'm -- in the beginning of this class I was put as the class
president or a class leader of the class. The reason the email comes
from me is because I'm the class leader of the class.
When we were doing some math work, we needed to get this out.
I sent it out. At no time were we trying to avoid two people or not. I
always thought it would get around. It's math. They have to show
their work.
I personally request -- I personally set aside a room open at the
fire department, which is open, one of the public meeting rooms, on
my day off, and went over there, and -- my own time and helped
certain individuals with their problems with math, which was easier --
it was just things with dividing with decimals. It was basic math
issues that sometimes people need a refresher.
The problem that personally has hit me is that today when I read
this paper -- yesterday I was coming -- driving down from
Jacksonville, and I get called by the newspaper, and you have no
control of that. But the newspaper calls me to ask me about some
allegations, some paperwork, some stuff.
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I go, last thing I checked on the Collier agenda was, there was a
possible testing issue. I'm going to show up tomorrow to find out
about it. I didn't have any documentation. There was no attachments
on that agenda, but the newspaper had more information than I did.
The newspaper also wrote that I'm a North Naples fireman. I am
a private -- my name is Eloy Ricardo, I live on Willoughby Drive, and
I go to private school in Lee County. My place of employment has
nothing to do with this issue, and that's a problem.
I have many people here in this class that are not firemen. I don't
see Dairy Queen coming over here telling anybody -- why is my job,
why is the North Naples Fire Department on the top of this issue?
Because we have students in that class? Because I went to that school?
It's a problem. It's an issue. I've talked many times about it.
I'm also the vice-president of the union at North Naples. I'm also
the district vice-president of the 11th, which covers Lee, Collier,
Hendry and Glades.
I have a lot of history with Collier County in different issues. I
have a lot of history with dealing with Ochopee and Dan Summers,
and I've negotiated contracts versus (sic) this county, too.
So kind of funny how my name is the one that's brought up and
how it's my name and my brother, a lieutenant in Miami-Dade, 2,000
fire medics. They know -- he knows Rich Gonzalez as much as I
know a firefighter in Lee County. And for somebody to assume that
my brother -- this has gone too far.
This -- once again, we're now on an issue that has gone beyond.
Last meeting, North Naples Fire Department is here for a CON, trying
to pass a CON. The following meeting after, now firefighters from
North Naples accused for (sic) cheating. I'm willing to sit down and
do any drug calc. you want, and I'm sure, I'm sure that Justin
Raymond will tell you that. He will tell you that I will do any drug
calc. you want me to do.
CHAIRMAN COYLE: Okay. Thank you very much.
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November 9,2010
MR. MITCHELL: Mr. Peluchette?
MR. PELUCHETTE: Hi, how are you? I would -- I mean, this
whole thing has gotten way out of hand. It's insane.
You know, I've had a 40-minute phone call from Justin Raymond
on November the 3rd threatening to shoot everybody in class. You
know, this is insane.
He's also left that voice mail on students in my class. And you
know, my girlfriend, she's terrified to walk the dog because she thinks
that this Justin Raymond character is going to come to the house and
possibly shoot her, you know.
And to be honest with you, I never went and made any sworn
affidavit or anything like that. I went to go get my ALS paperwork
signed by Chief Rod and when I walked in, Chief McLaughlin shut
the door behind me, and they started interrogating right then and there.
And right there, it -- you know, my Bill of Rights has been violated on
Section 2 and Section 9.
CHAIRMAN COYLE: Okay. Thank you very much.
MR. PELUCHETTE: Well, basically what I'm saying is, I'm
paying for this school out of hand. These guys are trying to take down
the school, and all I'm trying to do is get an education. You know, I'm
still paying off loans from fire school and EMT, you know. This is
scary that these guys are coming after my school and my livelihood.
CHAIRMAN COYLE: When you say these guys, who are you
talking about?
MR. PELUCHETTE: Jeff Page. Basically, I used to be a
volunteer at Isles of Capri up until two days ago where I was
terminated for not turning over information that I didn't have. And,
you know, I've put in a lot of money volunteering my time over at
Isles of Capri, close to 2,000 hours. And Jeff Page said if I didn't turn
information in, then I was terminated. And right then and there, that
violates my Bill of Rights.
CHAIRMAN COYLE: Okay. Thank you very much.
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November 9,2010
Commissioner Halas?
COMMISSIONER HALAS: County Attorney, what do you
know about this?
MR. KLATZKOW: I know very little about this.
COMMISSIONER HALAS: You've been sitting back there
being quiet.
MR. KLATZKOW: I know very little about this.
COMMISSIONER HALAS: Huh?
MR. KLATZKOW: My office knows very little about this. We
know that there was a cheating scandal. We know that there were
threats made. But the details, we don't -- we just don't have this
information.
But it's a very narrow question before you here, and that's to kick
it up to the state and let them do the investigation, and --
COMMISSIONER HALAS: Get it over with that way.
MR. KLATZKOW: -- get it over with. I mean --
COMMISSIONER HALAS: Yep, okay.
MR. MITCHELL: Sir, the next speaker is David Peluchette, and
he'll be followed Robert Loewel.
MR. PELUCHETTE: Hi. I'm Austin Peluchette's dad, I've been
supporting him all through fire school and EMT. And this isn't the
first incident that happened out of Isles of Capri. He's been threatened
before out there, threatened that he would never get a job in this
county, and that's not the first time. This is the third time, and I'm not
going to tolerate it.
So I want you to be aware of -- this is not the first incident
coming out of that department out there. So on his behalf, I'm going
to stand by him through this entire --
CHAIRMAN COYLE: Okay. Thank you.
MR. MITCHELL: Robert Loewel?
MR. LOEWEL: I withdraw.
MR. MITCHELL: Taylor Kochosky, followed by Matthew
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November 9,2010
Lund.
MR. KOCHOSKY: Good morning. I'd like to give my time to
Richard Gonzalez, please.
MR. MITCHELL: Matthew Lund?
MR. LUND: Good morning. I'd also like to give my time to
Richard Gonzalez.
MR. MITCHELL: Mark Barry, followed by Brent Loewe!.
MR. BARRY: Good morning, I'd also like to give my time to
Richard Gonzalez.
MR. MITCHELL: David Borowski?
CHAIRMAN COYLE: If you're going to waive your time, you
don't have to come up here. You can just tell us from there if you'd
like.
MR. LOEWEL: I'll waive my time.
CHAIRMAN COYLE: Okay. That was Mr. Borowski?
MR. LOEWEL: No, Brent Loewe!.
MR. MITCHELL: David Borowski, excuse me.
MR. BOROWSKI: Waive my time to Richard Gonzalez.
MR. MITCHELL: And the last speaker other than Mr. Gonzalez
is Marcia Cravens.
CHAIRMAN COYLE: Okay. We'll take Marcia Cravens, then
we'll take Mr. Gonzalez.
COMMISSIONER HALAS: She walked out.
CHAIRMAN COYLE: Okay. She's not here. All right.
Mr. Gonzalez, you've already spent considerable time. Is there
anything new you can tell us? We don't want to rehash what you've
already told us, but if you have something new, we'll be happy to
provide you time to do that.
MR. GONZALEZ: Quick thing. Just -- nothing new, just the
fact that if I, indeed, was giving out the exam and the students, in fact,
were cheating, I don't think that I would turn around and call the
Bureau of EMS on my own dime and explain to them the mistake that
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November 9,2010
I made.
Again, there's a two-page letter that the state has, and it's already
on the desk of the bureau waiting for Chief Page's complaint to go
forward with.
So the state is well aware of what's going on. They're well aware
that I'm a private institution, and I regulated this problem by giving a
new exam, okay.
So if you wish to read the letter I gave to the state, by all means,
it's right here.
CHAIRMAN COYLE: Yeah. Any information you want us to
consider, please leave it, and it will become part of the record.
MR. GONZALEZ: Along with the test scores of all their exams
from day one. According to Chief Page, they all have copies of the
exams.
Now, these exams are multiple choice. They range from the 60s
to the 90s. Two people from North Naples failed out. If they had the
exam, would these two firemen have failed out? The answer is no.
So I'll leave you a copy of all their exam scores that are in the 60s
and the 70s, along with a state letter, along with the letter on your
county head from Chief Page allowing two of my students to ride on
his trucks. Because his words were very clear, at no time will a North
Naples fireman ever step foot on his EMS trucks. I go, why? Because
they want to transport, quote-unquote, his exact words. A week later I
got a letter from him, signed by him, allowing Austin and Justin to do
ride times.
So, again, I'll leave you that letter along with the test scores and
my state letter for you guys to review.
CHAIRMAN COYLE: Okay. Thank you very much.
MR. GONZALEZ: Thank you.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Chairman, what bothers me on this
whole thing is that the testimony, the sworn affidavit in regards to
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November 9,2010
threats by an individual. That bothers me quite a bit.
And I come from a union town, and I sometimes wonder if these
threats are being presented by people who are tied with the union.
And I got some concerns about that.
And I would hope that the sheriff would follow up on these
threats, because I think they're very important for the health, safety,
and welfare of people who are trying to get certified, and I have some
concerns when I read things like this.
CHAIRMAN COYLE: Okay. Thank you very much.
Now Ms. Cravens, you are the last speaker.
MS. CRAVENS: Hi. Thank you for this opportunity to speak.
Usually I address the commissioners or come to public meetings
on environmental issues, but for over 20 years I worked as a registered
nurse, and I worked in acute care situations, including emergency
units. I had to certify in various types of specialties, including
advanced cardiac life support and basic life support.
I generally tried to do preparatory programs that were inclusive
of firefighters and paramedics because in my opinion, having worked
with them in emergency departments, they were the most skilled at
providing that kind of healthcare and that kind of advanced practice.
I have, myself, purchased books and study guides. I have
purchased preparatory programs, because I've always kept those
certifications active. And I'm just testifying here today that it is
standard practice in preparatory programs to include actual test
questions from actual certification exams.
The American Heart Association does it; many hospitals that run
programs do it; I, myself, have participated in preparation for
certifications that involve getting study guides, which are called
pretest. And what they generally do during the preparation for
certification is they give you a pretest to study in advance of the actual
exam.
I've got a grandchild in Collier -- was in Collier County schools.
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November 9,2010
Your -- the state requires FCA T examinations. The schools drill the
students with actual test questions for the FCA TS as preparation for
them to do well on the FCA T exams. It's standard practice to prepare
for an exam that way.
And I just have one other thing for consideration of this board.
The paramedics and firefighters and nurses and people who certify for
specialty skills, it is not only the written test. That actually has just a
portion of the weight applied to it. There are what are called modules
where you have to do actual code run-throughs. You have a dummy.
You have an EKG monitor. You observe the rhythm strips. You have
to stand there and you have to recite what kind of care you would give
that patient. You have to recite what the drugs you would (sic) be to
provide. The dosage, what that EKG strip algorithm is.
I mean, the actual drug calculations is only one small portion of
what's required in the skill set of these people who actually give care.
And I just wanted to give that background information that to
state that a preparatory pretest or a study guide is cheating is
ludicrous. Thank you.
CHAIRMAN COYLE: Ms. Cravens, please don't try to
misrepresent what we're doing.
MS. CRAVENS: I'm not.
CHAIRMAN COYLE: We're not talking about study guides.
We're talking about a possible inappropriate distribution of the actual
test. Yes, everybody, most people, who are studying for professional
exams have a whole series of questions they can review. They don't
have the exact test to review, okay. So don't mischaracterize what
we're doing here.
Secondly, I know very well how difficult it is to calculate the
appropriate dosage based upon a weight of a patient and the amount
and the solution that you have available to dispense. A mistake can
kill somebody. It is an important issue. And someone who is very
adept at mathematical calculations, and I consider myself to be one of
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November 9,2010
those, has a little more difficulty than I'd like to admit trying to make
those calculations.
So it's an important critical issue, and it's one that we take very
seriously. So don't try to mischaracterize what we're trying to do.
MS. CRAVENS: No, sir, I'm not.
CHAIRMAN COYLE: We're not talking about study guides,
okay?
MS. CRAVENS: I believe that the study guide was the issue.
But I am not trying to mischaracterize anything. I'm just trying to give
some background information.
CHAIRMAN COYLE: The owner of the school clearly stated
that he made a mistake. He administered the test -- the study guide as
the actual test.
MS. CRAVENS: Yes.
CHAIRMAN COYLE: That is the issue.
MS. CRAVENS: Yes, the study guide.
CHAIRMAN COYLE: Has nothing to do with the study guide.
Okay. Thank you.
MS. CRA YENS: Thank you.
CHAIRMAN COYLE: Okay. Any--
MR. MITCHELL: That was your last speaker, sir.
CHAIRMAN COYLE: Any further questions by
commissioners?
Okay. Commissioner Henning?
COMMISSIONER HENNING: Yeah. I don't see what law has
been violated, firstly. And I'm looking for it. And the second of all is,
Mr. Page stated that a test, an EMS -- or a paramedic test was not
given. There was preparing for the test.
And I have taking -- taken classes to prepare myself for
examinations for certification and, you know, there are similar things
to prepare you for the test. So I'm not sure if there is a violation here.
CHIEF PAGE: I'll be happy to show it to you. Well, I don't
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November 9,2010
know if you can read it, but --
COMMISSIONER HENNING: Yeah. I can read it well.
CHIEF PAGE: Okay.
COMMISSIONER HENNING: Just like I administer drugs.
Wait. Is this Florida Statutes?
CHIEF PAGE: Yes.
COMMISSIONER HENNING: Is this Florida law?
CHIEF PAGE: Yes, yes.
COMMISSIONER HENNING: Which--
CHIEF PAGE: 40l.
COMMISSIONER HENNING: 401.
CHIEF PAGE: It's under 401.411, disciplinary action penalties.
Under F, knowingly making false or fraudulent claims, procuring,
attempting to procure, or renewing a certificate license or permit by
fakery, fraudulent action, or misrepresentation.
COMMISSIONER HENNING: Were they -- were they giving a
-- you already stated they -- I mean, this is a preparatory test. It's not
giving them any kind of certification.
CHIEF PAGE: They have to pass this test or the series of tests,
this school, to sit and take the exam. If they fail, they can't.
So what it's basically saying is, if you are aware of cheating --
and if you look over at I -- the failure to report to the department any
person known to be in violation of this part, any part of those, then I
would be in violation.
COMMISSIONER HENNING: And so the --
CHIEF PAGE: I don't think anyone would disagree, if someone's
cheating in a paramedic class, that that's not a violation.
COMMISSIONER HENNING: Right.
CHIEF PAGE: Certainly it is. Whether it is cheating or not,
that's for the state to decide.
COMMISSIONER HENNING: But the gentleman did report
that, you know, he administered that. I'm -- you know, I'm not going
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to make a decision. I would like more information. I would like to
study state statutes and -- before we make a decision to, you know, file
a complaint. Gees. This has been going on for way too long.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: I think we need to go -- move
forward and send this to the state, that's why I didn't asked the
questions to the county attorney. And he felt that -- his answer was,
make this determination, send it to the state and let them hash this out,
and they'll tell us one way or the other, and that will end it.
And I believe that's the direction we need to go.
CHAIRMAN COYLE: Okay. Is there a second?
COMMISSIONER COLETTA: Yeah. Also, too, if you could,
Chief Page, there is a lot of evidence here that has been brought before
us today that casts some doubts upon the fact that they were cheating.
And there might have been an actual error in releasing the actual test.
But if I understand correctly, they released -- if they released the
test, my first question is, how does everybody get such a low score?
That's something I don't understand. What good would it be, I mean,
to release a test and still have students in the failing category. That
would be the first thing.
Second thing would be, if we send this on to the state, what is the
ramifications as far as how they go about this investigation? Do they
do it up in Tallahassee and they make everybody go there? Do they
come down here? Or do they just do it with the evidence in hand?
CHIEF PAGE: They have an investigation team that would
actually probably come on site and talk to the individuals.
COMMISSIONER COLETTA: Okay. And forgive me, and I'm
not trying to judge. And if I could judge, I would, but there's just so
much happening here that casts doubts upon, you know, the direction.
Once again, the public safety and health of the citizens out there
is of primary importance. We want to make sure that under no
circumstances is somebody misusing the system for their own
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November 9,2010
personal gain in such a way that when the time does come and we
need this expertise to be used, it won't be there.
When they investigate this, can they also find that these facts are
frivolous and they may come back with admonishing us for even
moving it on? How does this work? Or do they just have a finding
that's very simply worded with two or three words, no finding of any
guilt or probable cause? How does this work? What comes out of all
this?
CHIEF PAGE: Well, by statute, a licensed provider such as
myself, Chief McLaughlin, Chief Rodriguez, once they're made aware
of a potential violation, we have to report it to the state.
COMMISSIONER COLETTA: Okay. So you even agree that
you can't be absolutely sure that there is a violation? There's a
possibility that there's a violation?
CHIEF PAGE: Are you asking my opinion?
COMMISSIONER COLETTA: Yes, sir.
CHIEF PAGE: There definitely is a violation here of some sort.
COMMISSIONER COLETTA: Okay. I appreciate that. And
the investigation would take place within the home territory of Collier
County so that the citizens will not be unduly inconvenienced by
having to travel great distances or -- to offer testimony?
CHIEF PAGE: Right. And in fact, in the tape that Richard's
referring to, he actually has a quotation where he says, an investigator
from the state will come to the school and pull everybody single file,
one by one, so -- and I didn't know if you wanted this entered into
evidence, too, or -- this transcript of the actual tape.
CHAIRMAN COYLE: Well, I would assume that you'd enter
everything into evidence that's available and let them sort it out.
CHIEF PAGE: Okay.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN COYLE: And the bottom line is this, the reason
we established this procedure was to stop things that we thought were
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November 9,2010
irrelevant, like the disagreement about Collier County EMS's
complaint against North Naples Fire District concerning the use of
facilities, okay, that turned to be, what, nothing more than a closet or
so? But it turned out to be sort of an unimportant complaint.
Our -- the purpose of our procedures on this is to sort out those
kinds of things and try to minimize them. But if there is a clear
violation, it doesn't make much difference what we do. Chief Page
still has the obligation to report it to the state, okay, as does Dr. Tober.
And so -- but I think we do need to take a position as to whether
or not we think this should be investigated by the state and whether or
not we should refer the information we have to them for consideration
without making a judgment.
And so is there a motion to that effect?
COMMISSIONER HALAS: Motion to send this on up to the
state.
CHAIRMAN COYLE: Okay. I'll second it.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: (No verbal response.)
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Okay. It passes 4-1, with Commissioner
Henning dissenting.
We will -- we will send it to the state with all the information that
we have gathered without prejudging it. We will ask them to perform
an investigation.
CHIEF PAGE: Thank you.
CHAIRMAN COYLE: And that's all we'll do with it.
So what have you got, County Manager, that will get us up to 12
o'clock?
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November 9,2010
MR.OCHS: Commissioner, I don't know if you want to take 9C.
CHAIRMAN COYLE: Let's take 9B. We can get through that
one real fast.
MR. OCHS: I didn't think you could get through that one quite
so quickly, sir.
CHAIRMAN COYLE: I don't think we can. I'm just joking.
MR.OCHS: I know, I know.
Item #9C
FILLING OF THE VICE CHAIR POSITION ON THE BOARD OF
COUNTY COMMISSIONERS - MOTION TO PLACE ITEM ON
THE DECEMBER 14,2010 BCC MEETING AGENDA AND
GIVING THE (PREVIOUS) CHAIRMAN THE AUTHORITY TO
SIGN DOCUMENTS IF BOTH THE CHAIRMAN AND THE
VICE-CHAIRMAN ARE ABSENT OR IN THE EVENT OF AN
EMERGENCY - APPROVED
CHAIRMAN COYLE: Okay. Let's try 9C.
COMMISSIONER HALAS: Yes. I'm the one that brought this
onto the agenda. As you know, today is my last meeting, and I'm the
vice-chair. And the reason I brought this forward is that I wanted to
make sure that the commission was covered in the sense that if the
vice-chair was out of town and there was something that -- excuse me
-- the Chair was out of town and the vice-chair needed to address
some -- any particular issues, such as maybe signing of bonds or
anything else, that it was covered.
And I didn't know about any particular ordinance. And as we
discussed the possibility of not having the meeting here in -- the
second meeting in November, the -- and we voted on it, we didn't get
any indication from the county attorney that we might be in violation
of an ordinance.
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So I just felt that we needed to make sure that there was someone
on the board who could be covering the commission as the vice-chair
since I was vacating it.
And I'll let the county attorney opine in regards to the ordinance.
And it wasn't brought back to our attention even a meeting or so later,
so that's what the reason of this was.
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: So it's nothing more than just
discussion and to make -- clarify what was going on. In fact, at the
time we didn't even know there was an ordinance; I don't think any of
us knew there was an ordinance in regards to this.
CHAIRMAN COYLE: Okay. One way you can solve the
problem is just take whatever action -- I think the county attorney has
told us that the intent of the ordinance was clearly to allow the
incoming commissioners to have -- to participate in the vote
concerning any vice-chair or chairman --
MR. KLATZKOW: Correct.
CHAIRMAN COYLE: -- position; is that not true?
MR. KLATZKOW: That's true.
CHAIRMAN COYLE: Then why don't we just put that on the
agenda for December, what is it, December the 4th?
MR.OCHS: Fourteenth.
CHAIRMAN COYLE: Fourteenth. Put that on the agenda for
December the 14th so that the new commissioner will have a chance
to influence that vote and be heard.
And Commissioner Henning, you were first.
COMMISSIONER HENNING: Yeah, no. Commissioner Halas
really covered my concerns by citing the ordinance, and that's the
board meeting ordinance, and I agree with your position.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. Just briefly. The only
suggestion I got for further thought is that in the -- little of the time,
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November 9,2010
sometime in the future, when the Chair is not available and the
vice-chair is not available, then it should be able to fall back on some
sort of predictable thing. In this case it would be the immediate past
chair.
We may want to, at some point in time when we get a chance to
revisit this -- we're talking about emergency situations. God forbid
anything ever happen to you, you know. But if it did, we don't have a
vice-chair now.
CHAIRMAN COYLE: It could be a blessing.
COMMISSIONER COLETTA: Well, it could be. You know,
sometimes less government is better government. In this case it
probably would be.
But the thing is, it'd just make it a little -- I didn't mean anything
by it. That's my Republicanism kicking in there.
We may want to give it some thought about the immediate past
chair as being in the succession line so that if an emergency does
come up, we don't have anyone hesitating as to what they're supposed
to do at that point in time.
CHAIRMAN COYLE: Sounds good to me. We would have to
make a -- create an ordinance to do that, County Attorney?
MR. KLATZKOW: We could amend the ordinance to do that,
and I can bring that back, if you want. I mean, I don't know that you
need to do that. If there was an emergency, we'd call a meeting, and
you guys at that time would declare who was going to be the chair.
We do have that procedure, but we can look at the ordinance.
CHAIRMAN COYLE: Oh, with the current procedure, if we call
an emergency meeting, all those people present have the authority to
designate a chair for that meeting.
MR. KLATZKOW: That's correct.
CHAIRMAN COYLE: Okay. So we really do have a --
COMMISSIONER COLETTA: Well, prior to the meeting there
may be some action that has to be taken, just representation of
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November 9,2010
someone from the commission.
CHAIRMAN COYLE: Just signing of papers or something like
that?
MR. KLATZKOW: Understood.
COMMISSIONER COLETTA: Yeah. That's where I'd like to
see this considered.
CHAIRMAN COYLE: Can we designate someone to sign
papers in the -- in an emergency in the absence of the Chair and the
vice-chair?
MR. KLATZKOW: Yes, you can. In fact, you can do that right
if you wanted to.
COMMISSIONER COLETTA: Okay. Then I would make a
motion that we designate the immediate past chair.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: Is that me?
COMMISSIONER COLETTA: Yeah, that's you.
CHAIRMAN COYLE: That's Commissioner Fiala. Okay.
COMMISSIONER HALAS: I'll second that.
CHAIRMAN COYLE: And that is just in the event of an
emergency in the absence of both the chair and the vice-chair, and it
will be effective until, I guess, January --
COMMISSIONER HALAS: Fourteenth.
COMMISSIONER FIALA: No, just to the December --
CHAIRMAN COYLE: Oh, I'm sorry.
COMMISSIONER FIALA: Yeah, just this period.
COMMISSIONER HALAS: December 14th.
CHAIRMAN COYLE: No, that won't solve Commissioner
Coletta's concern. What we're talking about is designating someone
like the previous vice term -- vice-chair to serve in an emergency if
the chairman and vice-chairman are both gone. In early December we
will designate, I presume, a new vice-chair.
MR. KLATZKOW: Correct.
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November 9,2010
CHAIRMAN COYLE: And that appointment will be valid until
the first meeting in January.
COMMISSIONER COLETTA: Forgive me, sir.
CHAIRMAN COYLE: Yes.
COMMISSIONER COLETTA: This is something that I would
assume would be ongoing forever. It doesn't have to be for this point
in time. The situation of chair and vice-chair --
CHAIRMAN COYLE: All right.
COMMISSIONER COLETTA: -- being absent could be any
point in time. The time between now and the new chair doesn't --
CHAIRMAN COYLE: All right, all right. I understand. Okay.
And we can do that; we can make that decision now, or would you
rather wait until December the 14th? You want to do it now?
COMMISSIONER COLETTA: Jeff, help me with this.
MR. KLATZKOW: Well, you've got some bond resolutions that
need to be signed, for one thing. You can designate one of you to do
that, but that's my personal immediate concern. We could adjust the
ordinance so that it meets with Commissioner Coletta's concern that
the immediate vice-chair will serve in the absence of both the Chair
and vice-chair.
CHAIRMAN COYLE: Okay. We can make that decision now?
MR. KLATZKOW: Yes.
COMMISSIONER HALAS: Okay. So somebody made the
motion, I seconded it.
COMMISSIONER COLETTA: Well, the motion incorporates
everything else that I originally said, and your second can --
COMMISSIONER HALAS: I'm not sure what all you said.
COMMISSIONER COLETTA: Well, that's okay. Don't worry
about it. You're going out the door today. We got to live with it, not
you.
CHAIRMAN COYLE: You're the lame duck.
Okay. So we've got that straightened out. We will elect a new
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November 9,2010
chairperson -- a vice-chair on December the 14th--
COMMISSIONER HALAS: Right.
CHAIRMAN COYLE: -- but from this point forward, if the
chairman or vice-chairman happen to be absent --
COMMISSIONER FIALA: Not or, but and.
CHAIRMAN COYLE: -- and, and -- they both happen to be
absent, then Commissioner Fiala will be empowered to sign.
COMMISSIONER FIALA: Or whoever the past chairman is.
CHAIRMAN COYLE: Yes.
COMMISSIONER FIALA: Right, not just me.
CHAIRMAN COYLE: That's right.
COMMISSIONER COLETTA: That's the motion.
COMMISSIONER HALAS: And second that.
CHAIRMAN COYLE: Okay. Any further discussion?
(No response.)
CHAIRMAN COYLE: Okay. All in favor, please signify by
saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
COMMISSIONER HALAS: That was the reason that I thought
that this needed to come up for discussion because -- the fact that it's
near the holiday season, there's a lot of extenuating circumstances, so
that's why I brought this forward.
CHAIRMAN COYLE: Okay. Well, it was good timing.
COMMISSIONER FIALA: It's a good thing, because I'd also
been approached by some of our staff members about the bonds
coming up and knowing that a couple of our members would be gone,
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November 9,2010
and I'm only going to be gone for a couple days and just parts of days,
so I'll be here. So they'd asked if nothing -- so this really works out
well.
CHAIRMAN COYLE: Okay, good, good. Very well.
Then is there anything we can do in four minutes, County
Manager?
COMMISSIONER FIALA: Yes. We can take an early lunch.
COMMISSIONER COLETTA: As a present to Commissioner
Halas.
MR. OCHS: No, sir.
CHAIRMAN COYLE: Okay. We are adjourned for lunch.
We're recessed for lunch.
(A luncheon recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN COYLE: Ladies and gentlemen, the Board of
County Commission is back in session now.
Where do we go from here, County Manager?
Item #8B
RESOLUTION 2010-226: PETITION V AC-PL2010-1595,
MARS ILEA VILLAS, DISCLAIMING, RENOUNCING AND
VACATING THE COUNTY AND THE PUBLIC INTEREST IN
THAT PORTION OF A 30-FOOT WIDE EASEMENT FOR
ROADWAY AS ORIGINALLY RECORDED IN OFFICIAL
RECORD BOOK 218, PAGE 734 OF THE PUBLIC RECORDS
COLLIER COUNTY, FLORIDA BEING LOCATED IN THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA
BEING MORE SPECIFICALLY SHOWN IN EXHIBIT A-
ADOPTED
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November 9,2010
MR.OCHS: Commissioner, you have your advertised public
hearings. Item 8A was continued to the December 14th meeting.
Item 8B was an add-on item that was previously 1 7 A on your
agenda. That item has been moved at Commissioner Henning's
request to your advertised public hearing agenda.
17 A reads as follows: This items requires that ex parte disclosure
be provided by commission members. Should a hearing be held on
this item, all participants are required to be sworn.
Recommendation to approve petition V AC-PL2010-1595,
Marsilea Villas, to disclaim, renounce, and vacate the county and the
public interest in that portion of a 30- foot wide easement for roadway
as originally recorded in Official Record Book 218, Page 734 of the
public records of Collier County, Florida, being located in the
southwest quarter of the northeast quarter of the southwest quarter of
Section 13, Township 48 south, Range 25 east, Collier County,
Florida.
And Commissioner, did you have a specific question, or would
you like the staff report on this?
COMMISSIONER HENNING: Well, we've got to give ex parte
communication on this item.
MR. OCHS: Okay.
CHAIRMAN COYLE: You want to start?
COMMISSIONER HENNING: Yeah, I can start. Received an
email from Tim Hancock, I spoke to staff about it, and I'm sure I got
the Planning Commission report.
COMMISSIONER COLETTA: Okay. Me?
CHAIRMAN COYLE: That's it?
Go ahead, Commissioner Coletta.
COMMISSIONER COLETTA: Thank you. I spoke to staff and
Planning Commission, reviewed the Planning Commission finding.
CHAIRMAN COYLE: And I read the CCPC report also.
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November 9,2010
Commissioner Halas?
COMMISSIONER HALAS: The only thing I have is the report
that was in our agenda, which is the Collier County Planning
Commission.
CHAIRMAN COYLE: Okay. And Commissioner Fiala?
COMMISSIONER FIALA: And that's all I have as well.
CHAIRMAN COYLE: Okay. Then all persons who are going
to give testimony in this hearing, please stand to be sworn.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN COYLE: Okay, thank you.
Commissioner Henning?
COMMISSIONER HENNING: Thank you. In the past on items
that's been continued we -- the board voted on that item. I don't know
if we still need to do that, talk about 8A.
The 8B, 17 A, this is coming up for a rezone, as Mr. Hancock
relayed to me, and I would just like to take a look at the global issue, I
mean, all those issues, during rezone if the applicant can still apply for
the density over that 30 foot.
And I need from county attorney -- I guess the county attorney
planning staff? The issue is, it's a vacation of a 30- foot right-of-way
easement.
MR. KLATZKOW: Yeah. I under- -- yeah. If this is going
through a rezone, I don't have an issue putting this off and taking
everything all at once.
COMMISSIONER HENNING: Mr. Hancock?
MR. HANCOCK: I mean -- for the record, Tim Hancock with
Davidson Engineering.
Commissioner, one of the reasons we are -- first of all, this
project has been in the chute for five years now. We have had three
neighborhood information meetings because we continue running into
issue after issue that is not foreseen, for example, the access which is
now going to be the back door, which is under construction for the
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November 9,2010
Imperial subdivision, delayed us for two years. We then found out
someone placed a conservation easement over the access easement.
So there's been cut after cut.
This particular plat vacation -- first of all, our density requested is
well below what is permittable under the Growth Management Plan. I
think it's something like 2.4 units to the acre. It's a very small piece of
10 acres.
The reason why this vacation is important is because it's such a
small site, we had to exceed the native vegetation requirement because
the county's criteria said one thing and the district criteria said another.
So we made both happy and gave up a little more land.
So if this vacation is not successful, it has a dramatic effect on
the master plan which would affect the rezone.
So moving it ahead of the rezone is probably the only way we
can stand before you at the time of zone and know that what we have
is reliable.
COMMISSIONER HENNING: Okay. I didn't know that. I
thought it was a density issue. The -- so he -- we cannot draw -- have
him submit a master plan without having that vacation?
MR. HANCOCK: No, sir. We could run them concurrent, and
typically we do because it saves the client money because we can
come to one hearing instead of two.
COMMISSIONER HENNING: Right.
MR. HANCOCK: But in this case, this was ready to go in
advance of the -- because of the delays to the zoning, and we felt that
because it's such a tight site already -- we're only requesting, I believe,
27 units on ten acres to do the rezone -- that we would like to cross
this off the list. It will also allow us to advance our ERP to our final
set of comments.
So there are things queued up waiting on it, which is the only
reason why we've asked to do it in this manner.
COMMISSIONER HENNING: The ERP goes to the DEP, the
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November 9,2010
state FD EP or the district?
MR. HANCOCK: In this case it's the district, sir.
COMMISSIONER HENNING: Okay.
MR. HANCOCK: And I think -- I do have an exhibit that I can
share with you that I think really minimizes the nature of the request.
On the visualizer before you, that center square is the ten acres
that is the Marsilea PUD request, and along the bottom of that is a
thick black line. That is the 30- foot requested vacation of easement.
What you see as the roadway running from right to left there is
the new private road that is the access to Imperial, which we gain
access of also.
To the left of our piece is a recorded conservation easement that
is part of the Royal Palm project. Our 30 feet basically dead ends into
that conservation easement. You would have to get the district to
amend that easement to go beyond it, and if you do, you run into a
lake, which is in the Imperial subdivision.
So we are literally at the tail end of a -- a hopeless situation.
There's no opportunity for the roadway to extend through or beyond
our property.
So that's the -- the nature of the request.
COMMISSIONER HENNING: Okay. I understand.
Now, the ERP, you can submit all your permits without having
zoning first from local --
MR. HANCOCK: Yes, sir. Actually the -- we can get an ERP
when the property's going through it's zoning process. And it's not a
bad idea, because then you know exactly what you have from an
environmental standpoint. And in this case where the county and the
district, we're asking for different things, it was almost a necessity for
us to do that.
COMMISSIONER HENNING: Okay. Well, you know, I don't
have a problem. You know, my initial concern was, I know there was
supposed to be a roadway back entrance for Imperial. We've dealt
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November 9,2010
with that before. And my assumption were that that roadway was a
part of that. Staff corrected me on that, and they also said it was
coming in for a rezone. And I thought it'd be a good idea to handle all
those at once. But if it's going to cause problems, I don't want to be
the one that -- to delay that.
And I have no problem, Mr. Chairman, with making a motion to
approve.
CHAIRMAN COYLE: Okay. Is there a second?
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Second by Commissioner Fiala.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor of approval, please signify
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: The motion passes unanimously. Thank
you.
Item #8A
COLLIER DAVIS, LLC, REPRESENTED BY ROBERT ANDREA
OF COASTAL ENGINEERING CONSULTANTS, INC., A
REZONE FROM THE ESTATES (E) ZONING DISTRICT TO THE
MIXED USE PLANNED UNIT DEVELOPMENT (MPUD)
ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE
DAVIS RESERVE MPUD TO ALLOW FOR THE
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November 9,2010
DEVELOPMENT A MAXIMUM OF 234 DWELLING UNITS
INCLUDING AFFORDABLE HOUSING AND A MAXIMUM OF
35,000 SQUARE FEET OF COMMERCIAL RETAIL AND
OFFICE USES. THE SUBJECT PROPERTY, CONSISTING OF
22.83 ACRES, IS LOCATED IN THE SOUTHEAST QUADRANT
OF THE INTERSECTION OF DAVIS BOULEVARD AND
COUNTY BARN ROAD, IN SECTION 8, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (RELATED
TO ITEM #16A4) - MOTION TO CONTINUE THIS ITEM UNTIL
THE DECEMBER 14,2010 BCC MEETING AND REQUEST
THAT THE CHAIR OR VICE-CHAIR OF THE CCPC BE
PRESENT FOR THE DISCUSSION - APPROVED
MR. OCHS: Mr. Chairman, I think Commissioner Henning's
statement was well made on 8A. I think we should ask for the board
to make a motion.
COMMISSIONER HALAS: Motion to continue this to
December 14th.
COMMISSIONER FIALA: Second.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: All right. Motion to continue. We're
talking about Item 8A?
COMMISSIONER HALAS: 7 A (sic).
CHAIRMAN COYLE: 7 A -- 8A --
COMMISSIONER HALAS: Excuse me, 8A.
CHAIRMAN COYLE: -- by Commissioner Halas, seconded by
Commissioner Coletta.
Commissioner Henning?
COMMISSIONER HENNING: Yeah. Can we direct our staff to
invite the Planning Commission chairman to attend, if available, if
not, the vice-chair, to deal with these issues at the board meeting?
Would that be appropriate?
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November 9,2010
CHAIRMAN COYLE: I'm not sure what you mean.
COMMISSIONER HENNING: Well, 8A is the controversial
issue atNaples (sic) Reserves that was --
COMMISSIONER FIALA: Davis Reserve.
COMMISSIONER HENNING: Davis Reserves, thank you.
And I think it would be an appropriate thing to have either the Chair
or vice-chair here to explain verbally, since they took eight hours -- or
six hours of testimony, to explain their position on that.
COMMISSIONER FIALA: I think that's a great idea. I'll tell
you, I've met with them privately. Actually I've met with three
different planning commissioners privately on that, and there was so
much information that came out. And I think that -- you know, I
could never repeat all of the stuff that I heard. I think it would be a
good idea to have them here so that they can tell us what came out of
their six-hour meeting.
CHAIRMAN COYLE: You want to make that a part of the
hearing itself?
COMMISSIONER HENNING: If the motion maker would do
that.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: Sure.
COMMISSIONER HALAS: Who was the motion maker?
COMMISSIONER FIALA: I don't know who the motion maker
is but--
,
COMMISSIONER HENNING: I didn't make the motion.
COMMISSIONER FIALA: Nor did I. I just agreed with what
he said.
COMMISSIONER COLETTA: Who made the motion?
COMMISSIONER HALAS: Nobody did.
COMMISSIONER FIALA: We didn't have a motion yet, but
when the motion is made, I guess, he means.
MR. OCHS: I believe Commissioner Halas made the motion.
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November 9,2010
COMMISSIONER HALAS: No, I didn't --
MR.OCHS: To continue this.
COMMISSIONER HALAS: -- make the motion.
MR. OCHS: No.
COMMISSIONER HALAS: I made the motion for continuance.
MR.OCHS: Yes, sir.
COMMISSIONER HALAS: Yes.
COMMISSIONER COLETTA: He did make the motion.
COMMISSIONER HALAS: Yeah.
CHAIRMAN COYLE: For the continuance.
COMMISSIONER HALAS: For the continuance, but I -- as far
as --
MR.OCHS: Well, that's the only item on the--
COMMISSIONER FIALA: Oh, maybe that's it.
CHAIRMAN COYLE: You can -- you can modify it by
requiring that the chairman or co-chair or a representative of the
Planning Commission be here to provide consultation.
COMMISSIONER COLETTA: One suggestion.
CHAIRMAN COYLE: Yes.
COMMISSIONER COLETTA: Why don't we put down request.
You know, they're a voluntary board, and I hate to think we're
ordering them to do anything.
COMMISSIONER HALAS: Yeah.
CHAIRMAN COYLE: Okay. We can pay them overtime.
COMMISSIONER COLETTA: We could double their pay, too.
CHAIRMAN COYLE: We could.
COMMISSIONER HALAS: I'll put that -- add that to my
motion that we would like to request either the chair or the vice-chair,
if they so desire, to be involved in the discussion of this item when it
comes back to the board on December the 14th, 2010.
COMMISSIONER FIALA: And my second will agree.
CHAIRMAN COYLE: Okay. Any further discussion?
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November 9,2010
COMMISSIONER HALAS: Is there -- there a problem with
this, County Attorney? You're frowning over there, so I want to make
sure that we've got --
MR. KLATZKOW: No, I'm not frowning. I'm just trying to--
we've never done this before. I'm just calculating in my head the
potential issues. But if I find one, I'll let you know before then.
COMMISSIONER HALAS: Please do.
CHAIRMAN COYLE: You better hurry, because we're going to
have a vote on this motion.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: Okay. It's done.
MR. OCHS: Thank you.
Item #9B
SOLICIT UNDERSTANDING OF COUNTY COMMISSIONER
INTENT IN CREATING RURAL LANDS STEWARDSHIP AREA
(RLSA) AS AN INCENTIVE BASED PROGRAM TO FRONT
LOAD PUBLIC BENEFITS WITH THE EXPECTATION OF
FINDING A MARKET TO SELL CREDITS RECEIVED IN
EXCHANGE FOR STRIPPING DEVELOPMENT RIGHTS FROM
THE LAND UPON WHICH PUBLIC BENEFITS ARE CREATED
- MOTION FOR THE COUNTY ATTORNEY TO WORK WITH
THE ATTORNEY FOR THE PROPERTY OWNERS TO
CONTRACT A JUDGE FOR A LEGAL DETERMINATION WITH
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November 9,2010
COST SPLIT BETWEEN BOTH PARTIES - APPROVED
MR OCHS: Commissioners, that takes us back to Item 9 on your
agenda, Board of County Commissioners 9B. It's solicit understanding
of the County Commission intent in creating Rural Land Stewardship
Area as an incentive-based program to front load public benefits with
the expectation of finding a market to sell credits received in exchange
for stripping development rights from land upon which public benefits
are created.
Commissioner Coletta asked for this item to be placed on the
agenda.
COMMISSIONER COLETTA: And I thank you for that. What
I'd like to do, Leo, with the Chair's permission, is proceed right to the
speakers and then make a suggestion how we can handle this.
CHAIRMAN COYLE: Okay. It's okay with me.
MR. MITCHELL: The first speaker is Nicole Ryan, and she'll be
followed by Brad Cornell.
COMMISSIONER FIALA: How many speakers do we have?
CHAIRMAN COYLE: Ian?
COMMISSIONER HALAS: Ian?
CHAIRMAN COYLE: I think he's counting.
MR. MITCHELL: Fourteen. We have 14 speakers.
MS. RYAN: Good afternoon. For the record, Nicole Ryan, here
on behalf of the Conservancy of Southwest Florida.
I had hoped to hear some of your discussion and get feedback,
but I'll just jump right into this.
There's been a lot of dialogue on this issue based around Jackson
Labs; however, this issue really is, at its core, a procedural question,
and that's why the Conservancy is here today, for that long-term
procedural implication.
The county has a process for rezoning and amending PUDs,
which is in place. It requires a supermajority vote to approve, and it's
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something that's contained in state statutes. And the importance of
this provision really needs to be reiterated.
Matters of rezoning can have tremendous and broad-based
impacts to a community both for the existing and the future residents.
Changing uses of land in most cases, intensification of land uses, is a
matter of serious consideration, and as such, Collier County
determined that the supermajority requirement was important to
protect the health, safety, welfare and quality of life of its existing and
future residents.
At the time of the RLSA design, discussion occurred about the
need to apply the supermajority or just the majority provision for the
Stewardship Sending Areas, and it was determined that a simple
majority would work for these SSAs because the landowners were
voluntarily reducing the land uses on those properties.
But what we're talking about today are the Stewardship Sending
Areas, the SRAs, the new towns, villages, and hamlets. There's no
policy in the GMP or the LDC that states that SRAs will be allowed to
diverge from the county-wide rezoning approval standards.
I certainly attended a lot of the RLSA meetings, and I don't
recall, and my colleagues at the Conservancy don't recall, that these
SRAs were intended to be exempted from the supermajority
requirement. Landowners have a different perspective; however,
there's a process in place that provides for this in-depth assessment.
It's set out in LDC Sections 1.06.01 and 10.02.02F. It's an official
request for interpretation. This is the proper and legal process for
individuals, landowners, and organizations to receive a determination
on matters such as this.
We ask that this matter go to that official interpretation
requirement. We believe that this is something that is going to impact
many -- tens of thousands of acres of SRAs well into the future, and
we believe that staff has done some research on this. I have not seen
that. The only thing in the agenda packet was a four-page memo from
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November 9,2010
Alan Reynolds.
I'd like to see what staff has put together, put that in the form of
the official interpretation, let that background research be out there,
vet that, and then bring it back to you for a decision. Thank you.
CHAIRMAN COYLE: Want to get two going at a time.
MR. MITCHELL: The next speaker will be Nancy Payton. If
we could use both podiums, please. Thank you.
MR. CORNELL: I'm Brad Cornell, and I'm here on behalf of
Collier County Audubon Society and Audubon of Florida.
And I was a participant in the discussions and planning efforts
that resulted in the 2002 adoption of the Rural Land Stewardship Area
program, as were all of us here. And I have some very vivid
recollections. Some things not so vivid.
But this is -- I agree with Nicole, this is a narrow issue, to
distinguish it from any of the Jackson Lab discussion. We're talking
about a very specific issue about whether or not a supermajority or
simple majority is required for approval of development, this -- the
Stewardship Sending Areas.
The main issue is that providing public good through
incentivizing private landowners to do something in the public's behalf
is what the foundation of this program is all about. We want to
incentivize these landowners to do something for our benefit.
Already over 50,000 acres of wetlands and habitat have been
protected under the Rural Land Steward program, which has generated
development credits to be used for sustainable Steward Receiving
Area developments in areas that were already zoned for such projects.
Ave Maria is the only approved SRA currently.
Without the incentives that work, the public does not get the
protections of wetland habitat and farms, and that's why I'm here.
Conservation -- the two conservation organizations I represent,
Audubon entities, we want to see these wetlands and habitat protected.
The other half of that deal is, we have to make it an incentivized
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process to get these SRAs. It's different from PUDs. That's the
distinction I'm drawing. And that's how we get these 50,000-plus
acres protected already. That's why they have been participating.
My recollection is that the adoption of the RLSA in 2002 is that
we were all afraid that there weren't going to be enough incentives and
that this new program may not work.
And so I view requiring a supermajority board vote to approve an
SRA as a disincentive. Such a requirement would be in conflict with
the whole incentive-based foundation of Collier's first-ever Rural
Land Stewardship Program, and I hope that you would agree with that
and confirm that intent.
Thank you.
CHAIRMAN COYLE: Thank you, Brad.
MR. MITCHELL: Nancy Payton will be followed by Alan
Reynolds.
MS. PAYTON: Nancy Payton, Florida Wildlife representative.
Could I speak after the formal presentation that brought about this
coming before you today? And I think it would be helpful for a
number of folks if we could proceed that way.
CHAIRMAN COYLE: Okay. I don't see any reason why we
couldn't switch places.
MS. PAYTON: Thank you. It's all set up for him.
CHAIRMAN COYLE: Commissioner Coletta has sponsored
this hearing, so if -- do you have a presentation of some kind to make?
COMMISSIONER COLETTA: Alan Reynolds will make the
presentation.
MR. REYNOLDS: Thank you, Mr. Chairman, members of the
commission. Alan Reynolds with WilsonMiller Stantec. And I do
appreciate the board's indulgence, perhaps, in giving us a little time to
give you a -- an overview of the issue that's before you. I think it will
help put the comments that you will hear from public speakers into
context.
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So -- and first -- and I also want to thank you for giving us the
time today. I know that this was -- this was a special opportunity to
give you a presentation. And what ECPO has done is asked me to go
back and give you a brief overview of how this program was put
together, what the basis was, and I think it will be helpful, as we go
through this, to set the issues in their proper context.
And if I may, I'd like to take you back to 1999 and, if you can
recall, the very contentious issues that we had in Eastern Collier
County. What we had was almost 195,000 acres of privately owned
land. It was all zoned agriculture. We had no effective strategy for
protecting natural resources, and we had a very difficult relationship
between property owners, the county, environmental organizations,
and other folks who were very interested in making sure that we -- that
we did things right in Eastern Collier County.
And we had really three tools at our disposal to get things right.
We had -- we had regulatory process, we had litigation, and we had
publicly funded acquisition, and those were the tools that we had.
And that led to a study that took about two-and-a-halfyears to
complete, the Eastern Collier study.
And I want you to look at this map. This was a map that was
prepared by the University of Florida, and what they did is they did
this statewide; they projected what would happen in the State of
Florida by the year 2060 if the current trends for land use and land use
conversion were let to go forward.
And this is what they came up with for the Eastern Collier rural
lands area. This is without the rural lands program in place. And
what they projected is by the year 2060, you would have had the
potential conversion of the vast majority of Eastern Collier County
development. That is not a pretty picture, and certainly that was the
concern that many people had about not having a plan for Eastern
Collier County.
I think it's -- it's good to know that in Eastern Collier County you
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have a diversity of ownership. We have small property owners. We
have large property owners. There are about 126 that have ten or
more acres, so you do have a well-defined audience, if you will, for
participation in your rural lands program, and they range all over the
spectrum. And those are the folks that will be impacted positively by
this program if it continues to do what it has been doing for the last six
to seven years.
I'm going to very briefly go through just a couple of slides that
deal with how the program was set up. And on each one of these
slides you're going to see the language in blue is directly out of the
comprehensive plan, and this is the goals and objectives that the
county adopted in 2002 to make this program work.
And I think first is that this program was a result of a
collaborative effort. This was something that property owners,
environmental groups, other stakeholders, citizens, spent an enormous
amount of time trying to put together a better plan for the future of
Eastern Collier County.
By the end of the process, we had gone from a very contentious
and litigious situation to great harmony. We had -- and most of you, I
think, were at the final hearings. It was a great day in Collier County
when we adopted this program and we had all sides saying, we have a
program that we believe in, and we think this is going to work.
And since that time, I will tell you that this program has won all
kinds of awards across the state and even at the national level for an
example of how to do something innovative and creative in dealing
with some very, very large and difficult issues of balancing private
property rights and environmental protection.
So you should be very proud of the fact that you have a program
that has been recognized across the United States as a potential
trend-setting new type of program.
So this is the goal, and the whole goal of the program was
embodied in this one statement. And I think it's important just to
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highlight a couple things, starting with the very first sentence, which is
that the goal of this program was to address the long-term needs of the
residents of -- and property owners within the study area.
So right off the bat we were focused on trying to address a
specific group of owners that were in the eastern part of the county.
The second is that the hallmark of this program is balance. The
idea was, we have to protect natural resources, we want to promote
agriculture, and we are going to have development, and how do we get
all of those things to work together harmoniously and balance each
other?
And so you're going to see a lot of language in the RLS that you
do not see in any other kind of program that the county has, and it's
incentive-based language, things like, converting land to other uses is
encouraged, development that uses creative techniques is encouraged.
Those are words that you use when you're trying to create an
incentive-based program rather than a regulatory program. And I
think it's really important to put the whole context of this program in
that kind of a framework.
Mixed-use development is promoted as an alternative to sprawl.
And in the eastern part of Collier County in the RLS, we have a whole
different framework where we actually encourage development to
occur, not in piecemeal fashion, but in well-planned and coordinated
towns and villages, and those are the SRAs that we're going to be
talking about today.
And to make this whole system work, we have to have some kind
of a currency that allows property owners who own natural resources
to be compensated for protecting those natural resources, and that --
and a stewardship credit is the compensation, and that's a very
fundamental part of this program is that we have to create what's --
what amounts to a market-based program to encourage property
owners to protect resources and then be able to be compensated for
that without the public having to spend the money to do so.
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So this -- this program is very unique in the State of Florida.
There's nothing else like it. It's not -- it's not the traditional planning
and zoning kind of a program. It was actually created here in Collier
County, and it's, at this point, a one-of-a-kind program.
I think what you'll hear from some of the property owners is the
issue of equity. And there were a number of steps in the process of
creating this program. We created a comprehensive plan overlay, we
created a zoning overlay, and now we have been implementing the
program.
But you need to understand that at the very front end of this
process, when the comprehensive plan overlay was put in place,
property owners in Eastern Collier County gave up the ability to use
the traditional rezoning process to change the density/intensity on their
land. That was given up right up front. And instead, they agreed to
utilize this incentive-based credit system.
So, unlike property owners in any other part of Collier County,
right now if you are a property owner and you're going to do anything
other than utilize your existing agricultural rights, you use your rights
under the zoning, the RLS zoning, and that is your opportunity to do
something different with your property. So the credit is really a
fundamental part of this issue that's being discussed today.
If you are a property owner and you agree to come to the county
and give up your development rights on your property and designate
your property as a Stewardship Sending Area, you are given credits.
And the basis for the value of those credits is that you can sell those
credits to somebody else that wants to put a Stewardship Receiving
Area in place, or if you have property that is allowed to be a
Stewardship Receiving Area, you can exchange them within your own
property .
So it's a credit transfer from a sending area to a receiving area.
And the market value for those credits is solely based on the right for
the person on the receiving side to get that designation for
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Stewardship Receiving Area, because if they can't, through a
predictable and reliable process, the credit has no value. And if the
credit has no value, you're not going to find property owners on the
sending side of the equation coming forward and giving up their
development rights on the hope that somebody will pay them for
something that may not have value.
So what we had to create in the rural lands is a different process
than the way you approach the rezoning of property, because the
rezoning process works to disincentivize changes in the zoning
ordinance. If you have property that is zoned, you have the right to
use it under its current zoning, but if you want to change the zoning,
you have to go through a very exhaustive process and meet a whole
series of criteria, and it's -- and there's a disincentive, frankly, to
changing the zoning on the property that you have. So that's -- and I'll
get to in a minute how we overcame that challenge.
The other thing I want to mention is that I think we -- we
sometimes get the TDR program confused with the RLS program.
There are two different programs in Eastern Collier County. The RLS
program applies specifically to the 195,000 acres that we're talking
about.
You have the rural fringe that has a TDR program. Two separate
programs. You cannot use a TDR in the steward area, you cannot use
a stewardship credit in the TDR area, and they were designed to be--
to work in entirely separate ways.
So sometimes folks kind of get these confused and say, well, this
is just a TDR. It's not. It's a different kind of a program, and you
cannot have any exchange between those two programs.
So what has happened since we put this program in place? I
think that's -- that's pretty instructive. And one of our objectives in
putting our plan together -- and Brad mentioned it -- is if we're really
trying to get the natural resource protection to happen first, how do we
make that happen? How do we encourage property owners to buy into
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an innovative new program and protect natural resources in advance
of a demand for those credits? And what you'll find is that the
combination of incentives and policies that we put in place did just
that, because we now, as we sit here today, have gotten over halfway
to a 25-year goal for protecting natural resources. Fifty-five thousand,
seven hundred acres of privately owned land have been put into
Stewardship Sending Areas by the property owners voluntarily, and
they have all given up their development rights in return for getting
stewardship credits.
Most of those credits are still owned by those property owners.
The only credits that have actually been used to date were used for the
Town of Ave Maria.
So today -- and you're going to hear from some of the property
owners who have essentially banked a large volume of stewardship
credits based on their understanding and their reliance upon a program
as they thought that it was intended to work.
And who has benefited from that? Everybody in Collier County
has benefited, because you can probably do the math of what it would
have cost Collier County if we had tried to acquire 55,000 acres of
land, and it's an enormous amount of money, and we don't have those
resources in Collier County. So it's really important on the natural
resource side to make sure that this program not only survives, but
thrives.
So how did we -- how did we deal with this incentive issue? And
the way it was dealt with is that there are specific procedures that were
set forth in the Comprehensive Plan and then adopted in your Land
Development Code that deal with the process of designating an SSA
and an SRA, and they are completely separate and apart from the way
that you deal with the rezoning process.
How did we do that? Well, the first thing that happened is that
through the study, the county actually determined through data and
analysis everyplace where you could have a receiving area. Not only
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that, but they preestablished the uses that would be allowed, the
development standards that would be allowed, the road cross-sections,
the ratios of uses. All of that stuff was put into the program up front.
And by doing so, the county then adopted a zoning overlay in your
Land Development Code.
So you actually put a Compo Plan in place, and then you rezoned
this entire area, and you rezoned it to RLSAO, and that zoning
classification gives property owners in Eastern Collier County the
, right, the right, to have those uses on their property if they meet the
criteria of the credit system.
So there is a process you go through, but their zoning is in place,
and those uses are already established by right and have to be
implemented through a special process.
Let me just go back to -- skipped over this one. This is the map
that's in your Land Development Code, and that shows the boundaries
of the RLS privately owned land, and that is the zoning overlay that
was put in place in your Land Development Code, and that created the
zoning classification on the property.
So the property has been rezoned. That rezoning process was
subject to the standard requirements that Collier County has. You had
to go through a process. It required a supermajority vote. It was put
in place, and it's done. And now to use the program, you don't have to
go back and rezone property if you're using the credit system. It's
already in place.
So then how do you designate areas? And the SSA designation
process and the SRA designation process follow the same kind of
approach. A property owner decides they want to designate, they put
together an application that meets the requirements of your code, they
bring it to the county, it comes to the County Commission after a
review process, and the county then is evaluating that petition on the
basis of the factual data and information that is provided in the
application.
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N ow in the SSA, you have, 16 times, had a property owner bring
a -- an application to you, and you have approved every one of those,
which put the 55,000 acres in place. Every time you did that, you did
it by resolution. Every time you did that, you took away existing
rights that were on the property, existing rights under the agricultural
zoning, and each one was done by a resolution of the Board of County
Commissioners.
And this is -- this is actually the most recent resolution that you
approved. It was back in February. This is Russell Priddy's SSA.
Almost 4,800 acres were protected. He was granted credits. He's
going to talk to you a little bit about his perspective on it, but that's the
resolution that approved that SSA.
So let's talk about an SRA. Same language in the Land
Development Code. An SRA is designated by the adoption of a
resolution by the Board of County Commissioners. You have to put
together specific information. That information is spelled out in the
Land Development Code. It is not the same petition that you put
together for a PUD or a rezone. It's objective. It's factual. It's
voluminous, but there is -- but it is a different process that you -- that
you go through.
And to date, Collier County has adopted and approved one SRA,
which is the Town of Ave Maria. Twenty-eight thousand-plus credits
were assigned to that piece of property, and those credits were
exchanged for the right on that property to develop 11,000 dwelling
units and almost 1.3 million square feet of commercial uses all within
the context of the Land Development Code.
You did not rezone the Town of Ave Maria. You designated an
SRA under the zoning that existed, that RLS zoning.
And there is the resolution that was adopted by the board in
2005, and it goes through and it sets out the acreage, the number of
credits, the fact that you have a credit agreement, and that that
resolution was approved by the county commissioners, okay, just like
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you do with the SSAs. Different package of information, same
process, same result.
So let's, you know, I guess maybe just step back and try to close
this up. We put something together here in Collier County that all of
you I know felt very proud of that we had done something different to
resolve a very, very challenging set of issues in Eastern Collier
County.
How do we protect natural resources without buying the land?
How do we make sure that people who have property rights don't give
them out -- give them up without being compensated? You created a
very unique program. It's a program that has exceeded expectations.
And that was the -- this map that you're looking at, that's the
vision for the year 2025, 92,000 acres protected, and we're already at
55,000 acres seven years into the program. I mean, that's
extraordinary .
So you have -- the property owners of Eastern Collier County,
they have stepped up to the plate, they have said, we believe in this
program, we're going to give up our rights in advance of a market for
these credits, and you're well on your way towards achieving a
25-year vision ahead of schedule on the conservation side.
So let me just wrap up. The RLS is a unique program. It's based
on incentives. It is not a regulatory program. A property owner can
either choose to participate or not, and if they do not participate, they
still have their agricultural rights, they still have their
one-unit-per-five-acre rights, and they can use them.
So we want to make sure the property owners choose to use the
program that we created rather than using those existing rights that
they have.
The participation has exceeded expectations, and resource
protection has outpaced demand for credits, which means you have a
lot of property owners out there that acted in reliance upon the
program as they thought that it was intended to work.
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The process for designating an SSA and the process for
designating an SRA are essentially the same. You have different
submittal requirements. An SRA goes through a more vigorous public
hearing process. But at the end of the day, they're both approved by
resolution by the Board of County Commissioners with a simple
majority vote.
The zoning is already in place, and the traditional zoning process
is not available to property owners in Eastern Collier County. So it's
not like they have the right to go do it the way we do it in the coastal
area, which was to incrementally bring rezoning petitions before the
county commission.
So I'll stop right there because I think it's really important that
you hear from the folks who have the vested interest out there. I
happen to have been the planner that's worked with them for ten years,
but they're the ones that have actually put their property in the
program.
So I'll stop there, and if there are any questions at the end of the
public speakers, I'd be happy to come back up and address questions.
Thank you very much.
CHAIRMAN COYLE: Thank you.
MR. MITCHELL: Sir, the next speaker will be Russell Priddy,
and he'll be followed by Dane Scofield.
COMMISSIONER COLETTA: Don't forget Nancy Payton.
MR. MITCHELL: I put her at the end.
CHAIRMAN COYLE: You want to go after the property
owners; is that what you had in mind?
MS. PAYTON: Yes, please.
CHAIRMAN COYLE: Okay.
MR. PRIDDY: Good afternoon, now, Commissioners. I had
good morning when I brought my speech. But I'm Russell Priddy, and
I'm here today representing myself, my wife Lisa, and our two
children.
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We own 9,000-plus acres in Eastern Collier County. My
children represent the fourth generation of ownership on this land, and
that has spanned over 60 years.
I'll stop here and do something I can't ever remember doing, I'm
going to agree with Nicole. This is not about Jackson Lab. For the
next minute-and-a-half, two minutes, this is about Russell Priddy and
his family.
I've been involved in this program from the very beginning, so I
-- I have a thorough understanding of the contents of the program.
My family brought in SSA 12 in February of this year. We did
so well ahead of the possibility of selling any credits. In fact, we
brought it in at probably the worst, worst time to even expect that we
would be able to do that. We did so in good faith to let the public
know where development would not take place.
My family would have never done this if we had any indication
or any thoughts that a rezone would be needed for someone to be in a
position to come purchase our credits down the road. Why would we
gamble? We do gamble, but we go to Vegas.
The rezone took place where the RLSA overlay was approved
back in 2004. The zoning's been done. And I'm not arguing that it
took a supermajority to do it.
The SSAs and SRAs are simply tools in the Land Development
Code that shape the landscape. They're not rezones. If we were going
to have to go through a rezone, why bother with this program? We
would have -- would have never gotten involved with this program if
we were going to have to go the rezone route.
At this point we have two options. We can rely on the
information that we've been relying on for the past number of years, or
we can develop, one-to- five, our ranchettes. And I have to tell you, as
I stand here today, that looks pretty good to me.
Thank you.
CHAIRMAN COYLE: Thank you.
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MR. SCOFIELD: Afternoon, Commissioners. My name's Dane
Scofield. I'm a managing partner with Half Circle L Ranch, LLP, and
we were a property owner in Eastern Collier as well as Hendry
County. We have 5,300 acres in Collier County, which comprises
Stewardship Sending Area number eight.
We entered into this program based upon the information
presented to us that was adopted by the board with the understanding
that in developing an SSA, we would have the assured opportunity
that our credits would be able to go to an SRA at some point in the
future.
Based upon that information, we submitted our application, it
was approved, and we banked those credits.
My concern here today is over the controversy of approving an
SRA. If that process is complicated, if a person or organization
seeking an SRA designation has increased costs, increased resource
allocation, et cetera, that is going to negatively impact me in being
able to negotiate in a market-value scenario, a fair price for my
credits. And that is a concern that I have, it's a concern of anyone who
holds SSA credits, will have.
We're asking you to clarify your intent. I believe the way that I
understand the adopted program, that there was supposed to be a
streamline process in pursuing an SSA or an SRA. And I encourage
you to bring equity to that process in both cases.
Thank you.
CHAIRMAN COYLE: Thank you.
MR. MITCHELL: The next speaker with be Tom Jones, and
he'll be followed by Mike Rosen.
MR. JONES: Good afternoon, Commissioners. My name is
Tom Jones, and I'm an employee of the Barron Collier Companies,
and I've been employed by Barron Collier since 1989.
And as I look around this room today, I am certainly one of the
few people that were here in 2002 when this rural lands program was
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adopted. And if you want to take it back a little bit further, there were
(sic) even fewer of us here today that were here in 1999.
And in 1999 is when this planning concept was thrown on the
table that eventually grew into what we now know as the Rural Land
Stewardship Program.
And we've heard about incentives and what landowners thought.
And I think from our perspective, I know what I thought the program
was, and I think I know what other people's intentions were with this
program.
When this program was taken to Tallahassee, the Department of
Community Affairs said, this really looks good. We need to make
sure people participate into this program. And the Department of
Community Affairs says, let's put some early bonus credits in here.
And what are credits? That's the currency.
We not only created a program. We created a currency to make
that program work, and that currency were the credits that we're all
talking about today.
And we had the big leap of faith. We also had Ave Maria at the
time come into play. But today, our company has put over 30,000
acres in permanent preservation in order to correct -- to collect these
credits in this currency that we have.
Over 30,000 acres of land are in preservation because we bought
into this program under a set of terms and conditions that we thought
existed. And what were those terms and conditions that we thought
existed at the time? We thought that the process that was in place to
create these credits would be the same process in place to utilize these
credits.
We didn't get into a program that somebody slipped something
past us and made it very easy to generate credits, and now when you
want to come use those credits, you've got all kinds of hoops to jump
through. And we've even referred to this process as banking credits,
and we've banked a lot. It took 17,000 acres to entitle Ave Maria, so
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we have over almost 14,000 acres sitting out there with banked credits
on them.
And if I go to the bank tomorrow and deposit $100, I'm
reasonably sure -- well, not reasonably sure, but I can go back in a few
weeks and I can ask them to give me my $100 back. And they're
going to look at the ledger and say, yep, Tom, you got a hundred
bucks. You're Tom, here's your hundred bucks.
Now what we're hearing about is, I don't know, revision is history
to an extent. You can come in and create these credits easily, but if
you want to use them, oh, wait a minute, Tom, you need to fill out all
this paperwork, and then you need to come back in a few weeks, and
we're going to let you know if we're going to give you your hundred
bucks back. That's what we're talking about now. We're talking about
equity and we're talking about why we entered into a program to bring
this kind of preservation at no cost to the taxpayers of Collier County.
Thank you.
CHAIRMAN COYLE: Thank you.
MR. ROSEN: Good afternoon, Commissioners. Mike Rosen,
senior vice-president, Collier Enterprises.
I'm not going to repeat everything that you heard Al Reynolds
say and Tom Jones and Brad Cornell and everybody. I certainly agree
with everything they've said.
But representing Collier Enterprises, we've moved forward based
on everything they have said and based on everything that's in the law
here in Collier County.
With the Town of Big Cypress approximately four years ago, we
have spent tens of millions of dollars in time by moving forward with
the Big Cypress. We have had great meetings with the county staff.
We've met with Nick Casalanguida and talked about transportation
issues that you've never seen before here in Collier County.
Alternative transportation, alternative modes of transportation,
fuel, solar lighting, things that you would not normally see in normal
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developments, but that's the paradigm shift in Rural Land
Stewardship. That's what you want, and that's what we've agreed to
do.
The surprise that we're getting is, is this issue today, and it's a
very big surprise to us. We did not anticipate this was going to
happen, and that's not the way the SSAs went. Those were pretty
easy. Three-to-two vote, and we've put in thousands of acres, as my
colleagues have done and said, and now we're talking about an SRA
looking for a supermajority. And it doesn't seem to me that that's what
we all bargained for years ago.
You know, if there's an issue, you know, with a particular
project, you know, whether it be my project, Town of Big Cypress, or
any other project, you have the time and the ability to review those
proj ects individually.
But the issue that I have is taking this very good program, which
Al said is the only program so far that he knows in Florida -- and he's
correct. It was used as a model though to try to get other counties to
adopt it in the state as well. The issue's become a DCA, but that's
going to change within weeks hopefully, but it's also through our
meetings with the ULI it's being tested in other states as well, so we're
far ahead of everybody.
I would hate to see it jeopardized, you know, by a simple issue as
we're talking about today. I ask you to consider that very carefully in
everything that we've done and all the commitments we've made.
Thank you for your time.
CHAIRMAN COYLE: Thank you.
MR. MITCHELL: The next speaker is Mitch Hutchcraft, and
he'll be followed by Robert Mulhere.
MR. HUTCHCRAFT: Good afternoon. My name is Mitch
Hutchcraft, and I'm here on behalf of King Ranch and Consolidated
Citrus.
Our family-owned company has a 150-year legacy of agriculture,
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cattle, and land stewardship. I've been personally involved with this
program since about 2001 in one form or another.
I have been monitoring this program and how and when it would
be appropriate for our company to participate.
To date, CCLP, Consolidated Citrus, has not participated. We
are the future of this program. But in order for us, our company, to be
in a position to make that very long-term commitment, we expect to
see a number of things; predictability, equitability, we expect active
support by the county and, most importantly, a meaningful
incentive-based program that's sufficient for us to risk our economic
future in the program.
Consolidated Citrus, along with all of the other landowners, have
already participated in several long-year -- multi-year evaluations,
we've worked collaboratively with the environmental organizations on
how to proactively address these environmental issues, and we've
ultimately surrendered rights from our property.
We did this in exchange for the opportunity to know that when
we do participate in the program, there would be a fair, predictable,
non-political outcome.
Based on the recent suggestions that we're talking about today, I
believe that that requires an extra burden upon the landowners and
extra zoning process on top of the multi-year studies, the Compo Plan
amendments, the zoning overlay, the Land Development Code
changes that have already been put in place, and that, for our
perspective, provided the predictability, the fairness, and the active
support by the county.
I think if you go forward with the new interpretation, those will
all have been dramatically eroded.
The result of this is that our organization is very cautious about
participating and, moreover, we're concerned that our rights have been
taken without the county following through on their end of the
bargain, which is the incentive of predictability and equitability.
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We also feel that unless the county recognizes the environmental
benefits of this program can only be achieved through the
participation of the landowners and the landowners can only
participate as a result of equity fairness, the only result of going
forward with this new interpretation is the erosion of rights and
property value, and the landowners will have the -- will be put in a
position where we have no alternative except to ask that you reaffirm
your commitment or that you return us back to the situation that we
started with, which was our full rights.
And so with that, I would ask that you demonstrate your support
for the Rural Land Stewardship program by reaffirming the simple
majority vote.
If you have any questions, I'd be happy to answer them.
MR. MULHERE: Good afternoon. For the record, Bob
Mulhere. I'm not here on behalf of any of the property owners. I'm
here to provide my recollection with professional interest, since I was
the director of planning for Collier County during the Comprehensive
Plan adoption during that process, and then subsequent to that, the
county hired me as the lead planning consultant through the
culmination of the Compo Plan adoption process and the LDC
amendment process.
And my recollection is that there was never any intent for this --
for the creation of an SRA to be considered a rezone. And to me, it's
very, very clear. If it -- if it had been the intent to require a rezone
different from an SSA, for an SRA, we would have simply stated that
in the regulation.
We have criteria for rezones. And if this was a rezone, that
criteria would apply. It doesn't apply. We have very objective criteria
that you review when an SRA comes before you, not the subject of
criteria that you have when you look at a rezone, for example,
compatibility with adjacent lands. Those issues don't apply here,
because you rezoned the land when you adopted the overlay and
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created the open land designation that could be then designated, not
rezoned, but designated as an SRA.
So I think there are some other factors to consider. I remember
that we hired an expert, Jim Nicholas, who, you know, came to town.
He's a world renowned expert on transferable development rights or
transferable credits.
And one of the key components that he recommended was that
you not require an entitlement process for the landowners, that they
had to have certainty in this process.
And that is another reason why we never intended this to be a
rezone. Because if you think about it, if these landowners have to go
through a rezone on top of purchasing the credits, it actually functions
as a disincentive and not an incentive. And it seems very logical to
understand that.
I guess one last thing I'd like to say is, even within the -- even
though they're separate programs, even within the rural fringe
mixed-use district, we put criteria into the code. You can develop
using TDRs without even having to go through a rezone simply by
going through a Site Development Plan. It's only when you want to
vary from that development criteria that you then have to go through a
PUD rezone.
So a separate issue. I don't want to confuse issues, but I heard
said, you know, there is no requirement even in that area to go through
a rezone. You can develop by right using TDRs. And in this case,
there never was any intent, at least to my recollection.
Thank you.
MR. MITCHELL: The next speaker will be Doug Fee, and he'll
be followed by Duane Billington.
MR. FEE: Good afternoon. For the record, my name is Doug
Fee.
I'd like to echo what Nicole Ryan put on the record here. I just
have one quick question, which is, why and how did we get here? Is it
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that the property owners in the RLSA were told that they did need a
supermajority on these matters? Is there something from the county,
someone from staff, someone from the County Attorney's Office that
has actually opined that they do need to have four votes instead of
three votes?
I haven't seen any documents coming from the county's side. I
feel like as a public member, that I've heard one side, and I understand
their side, and I might even agree with their side, but I haven't heard
the county's side.
Further, what I want to do is just read a few things into the
record. 2.02.01, establishment of official zoning outlets. The location
and boundaries of zoning districts established in this LDC shall be
forth (sic) and shown on the official zoning atlas of Collier County,
which is incorporated by reference into this Land Development Code
and as fully described and set forth herein.
The district symbol or symbols as set forth in the LDC shall be
used to designate each district.
Under D of2.02.01, no changes of any nature shall be made in
the official zoning atlas or any matters shown thereon or in the zoning
districts or regulations contained herein except in conformity with the
procedures established in this Land Development Code and consistent
with the Collier County GMP. Any authorized change of whatever
kind by any person shall be considered a violation of Land
Development Code.
I've got another one here. In 10.03.05(N)(2), it reads, in the case
of all proposed changes or amendments, such changes or amendments
shall not be adopted except by the affirmative vote of four members of
the Board of County Commission.
The last one I have is, under 4.08.07(F)(3), update of the official
zoning atlas and the RLSA overlay map following the effective date of
the approval of the SRA, the county shall update the official zoning
atlas to reflect the designation of the SRA, blah-blah-blah, okay.
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All I'm pointing out here is, I'm not a land expert, land planning
expert, or an attorney, but what I am is a citizen who does follow the
Land Development Code, the Growth Management Plan. I respect it.
It's law. I don't know whether this is a rezoning matter or not, but if it
is, there is a process to go through that. And as a citizen, I'd want it to
be equal.
There's only Collier County. There's not an eastern Collier and
there's not a western Collier. It's our Land Development Code and
Growth Management Plan.
Thank you.
MR. BILLINGTON: For the record, Duane Billington.
I, too, am a little bit confused as to what everybody's so upset
about. We're not talking about the denial of property rights to form an
SRA. We're talking about what's required vote-wise by the County
Commission in rezoning part of an SRA.
I'd like to read in part a quote from Mark Strain who is on our
zoning board. He has been intimately familiar with the goings-on
with the formation of all of this.
And I'll quote as follows: The requirement for supermajority
vote is already law. There is no reason to restate the obvious within
the RLSA regulations. There's one clarification to the four-fifth vote,
one clarification, only one clarification, and it was purposely added
where existing zoning was accepted on lands already in use.
The same exception was not added to the Stewardship Sending
Areas, SRAs, where all the new zoning takes place for towns such as
Ave Maria and the proposed Big Cypress. Again, we're not talking
about whether or not they can form an SRA. We're talking about the
quality of the zoning.
If everything is adopted as planned, as projected, in the SRA,
we're going to over double the population of Collier County. To
suggest that that should be done under a system that doesn't require
both four-fifths of a vote, to me, is ludicrous, and it's also contrary to
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the law.
The law was put in place in 2002 after the SRA and SLA
program was set in place. And I'd like to submit the following in the
record. They're copies of the law.
So, again, with all the population increase, requirement for
roadways and everything else involved, it should require a four-fifths
vote. Nobody's rights are being denied. It's a matter of having a
determination over the quality of the development, and that should not
be waived by this board.
MR. MITCHELL: The next speaker is Nancy Payton, and she'll
be followed by John Passidomo.
MS. PAYTON: Thank you. Nancy Payton representing the
Florida Wildlife Federation.
The Rural Land Stewardship Program is a settlement of a growth
management lawsuit brought by the State of Florida and Florida
Wildlife and Collier Audubon; we're interveners. And one of the
motivating factors for prevailing in that lawsuit was that the county
wasn't properly protecting environmentally sensitive lands.
The RLSA addressed that issue and healed a number of very
deep wounds within the county between landowners, developers, and
conservationists. It's an incentive program that rewards landowners
who protect wildlife habitat and wetlands.
To sever or produce Rural Land Stewardship credits, and from
our perspective, the earlier the better, requires a 3-2 vote. That's not in
dispute. It's a 3-2 simple majority vote to protect and create
conservation lands.
Logic says that the other half of the equation is that to use those
credits also requires a simple 3-2 vote. But because we're not dealing
with logic today -- this is a legal issue -- we asked our attorney,
Florida Wildlife Federation and Collier County Audubon's attorney,
T om Reese, to opine; were we thinking correctly and had our
understanding of the program been correct, that it's a simple majority
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that doesn't require a supermajority?
And Tom Reese was our attorney through the Compo Plan
challenge, ten, 12 years ago, and continues to be our attorney through
various other issues relating to the Rural Land Stewardship Program.
This is his opinion.
It is my opinion and understanding that approval of an SRA,
Stewardship Sending Area designation, or an amendment to an SRA
does not constitute rezoning action or a conditional use approval.
The RLSA overlay has been adopted in the Comprehensive
Plan's Future Land Use Map, and that's by a majority -- supermajority
vote, and on the county's zoning map and, therefore, constitutes the
zoning of the land.
It is proper for Florida Wildlife and Collier Audubon, as well, to
state the understanding that supermajority vote is not required and has
not been required in prior SRA actions by the Board of County
Commissioners.
Again, that was the opinion of our land use attorney, Tom Reese,
who has worked with Collier Audubon and Florida Wildlife for many
years to do what's right by nature. And there does have to be that
balance in the RLSA that what's right by nature has to be right by the
landowners.
And we urge you to affirm that a simple majority is needed to
designate an SRA.
Thank you.
MR. PASSIDOMO: Good afternoon, Mr. Chairman, members of
the commission. My name is John Passidomo. My address is 821 5th
Avenue South. Our firm represents the Eastern Collier Property
Owners.
I indicated in my sign-up sheet that I'd be happy to respond to
any questions of a legal nature and that otherwise I'd defer my
comments unless and until a question of a legal nature were to arise.
So with that, I respect your time, be happy to respond to any
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questions, but I'll otherwise defer.
Thank you.
CHAIRMAN COYLE: Thank you very much.
MR. MITCHELL: Sir, that was your last speaker.
CHAIRMAN COYLE: Okay. Commissioner Coletta, and then
Commissioner Henning.
COMMISSIONER COLETTA: Thank you, sir.
This has got a long history. And I'm not too sure, but I think
every one of us, except for possibly Commissioner Halas, was here for
most of it.
Were you here Commissioner Halas when we took the final --
COMMISSIONER HALAS: At the tail end.
COMMISSIONER COLETTA: The very end? I was involved
with it ever since '97 before I was a commissioner and going to the
meetings and following the whole process. And to be honest with
you, when it first started off, it seemed like one of these pipe dreams
that would never reach the end of the road.
You know, to be able to come up with a plan that would be
incentive-based upon a person using his own land to secure the
remaining land to be put into conservation; in other words, taxpayers'
money was not going to be used. We were asking them to put their
own land up as collateral to be able to take the next step.
It did -- it seemed like an impossible dream, you know, but
everyone was sold on the program one at a time, some people changed
their minds going into it later then came back in. And the amazing
part was, is that when the environmental groups came aboard and
bought into the program.
And it wasn't in the beginning, Nancy. I can remember how
contentious it was for the first two, two-and-a-half years. I mean, you
and Nicole and Brad were just at odds with everybody that was on that
committee and the direction it was going.
MS. PAYTON: No. The Conservancy was on the committee.
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COMMISSIONER COLETTA: Oh, they were?
MS. PAYTON: Yes.
COMMISSIONER COLETTA: Okay. So if anything went
wrong, we'll blame the Conservancy.
But if I can, I'd like to address my questions probably to Bob
Mulhere, because you were directly involved at the time.
Now, I'm going to repeat back some things that I heard today,
and you tell me if I got it right and maybe embellish upon it, okay?
At this point in time the only thing that we have used that
activated this process has been Ave Maria?
MR. MULHERE: That's correct.
COMMISSIONER COLETTA: And Ave Maria was not a
rezone, it was a -- what was it called -- approved by resolution.
MR. MULHERE: It was approved by resolution. It was a
designation of an SRA, yes, sir.
COMMISSIONER COLETTA: Okay. And Ave Maria,
however, was approved by 5-0 vote.
MR. MULHERE: Correct.
COMMISSIONER COLETTA: So no one ever challenged what
took place at that time; however, I can remember all the conversations,
and I never heard anybody mention the fact it was going to be a
supermajority that was going to have to carry the day at the time, and
I'm sure about this point in time that anyone that's anyone in this
audience that was going to do his own research would have done due
diligence to find out if there was anything in the transcripts that were
out there.
However, at this point in time, it never came up, so obviously
nothing took place. We know that there is -- there is a requirement,
and it's stated very well within enabling documents, that it requires a
simple majority to be able to work with the sending lands; is that
correct?
MR. MULHERE: That's correct.
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COMMISSIONER COLETTA: Okay. However, it was
basically silent when it came to the receiving lands, and that's where
the discussion really gets interesting.
However, with that said, why would anyone want to be able to be
able to allow only three votes at one end and require four at the other?
It makes absolutely no sense. It doesn't follow pure logic that you
would get from A to B by increasing the number.
And I'm sure very much so that there would have been other
concessions put into place if there was a supermajority vote required
at either end of this process that would have been more favorable for
the landowners who, at this point in time, still haven't received
anything really in compensation.
Is there something I'm missing from what I'm telling you right
now?
MR. MULHERE: I don't think so. If I could, I mean, I would
liken it to other kinds of approvals that you make on developments. If
you think about a plat, you have a plat that comes before you. There's
a checklist. The staffs reviewed it. If it meets the criteria, you
approve it with a simple majority.
Same thing with an SRA. There's exhaustive criteria. There's
pages and pages of criteria in the Land Development Code. Now, on a
typical rezone you don't have that. You don't have that because it's
subjective criteria versus the objective criteria that you have before
you when you look at an SRA. It's just logic.
COMMISSIONER COLETTA: Mr. Passidomo, you offered
your legal services to us as far as the way you understand this
situation. If I can, I do have a question for you because one of the --
I'm sorry?
COMMISSIONER HENNING: You know, I don't want to
receive any free legal advice.
COMMISSIONER COLETTA: Well, don't worry. We'll make
him pay some way down the road.
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Mr. Passidomo, if you would, please. This is still a contentious
issue for reasons that aren't even related to what we're here today
about.
Can you tell me, judging by what you've seen of the political
climate out there, do you think this will go unchallenged in the court
system if we were to rule in favor of the three versus the four votes?
MR. P ASSIDOMO: Mr. Coletta, I don't think that's a legal
question. I think you're in a better position to assess the political
implications of what you do than I am.
COMMISSIONER COLETTA: So -- okay. Well, that's a polite
way to say --
CHAIRMAN COYLE: That's a legal reply.
COMMISSIONER COLETTA: I understand. I mean, whenever
you don't understand it, it comes under the definition of a legal reply.
MR. P ASSIDOMO: To elaborate, Mr. -- Commissioner Coletta,
this is a legal issue, and ultimately the question of whether or not
effecting an SRA creates a change in a zoning ordinance is a legal
issue, and it's a legal issue that requires a timely, a deliberate, and an
authoritative resolution based only on the relative merits of the legal
Issue.
And it's -- there is no process in the county to interpret a special
act, and I think Mr. Klatzkow was very clear about that two weeks
ago. He said that the process that you're accustomed to looking at the
county is limited to an interpretation of your Land Development Code,
your Growth Management Plan for the boundaries of your zoning map
or your Future Land Use Map. That's all the planning director can
opine about.
And the fact is, I think what we clearly agree about is the
operative question here is, one, under the special act in 1967, and that
is, does an SRA constitute a change in a loca- -- in the zoning
ordinance?
We've submitted a very large memorandum that unequivocally
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says, no, it does not, for a lot of different reasons.
The general rule, of course, is that in a democracy, fundamental
to that concept is a majority rule controls. And that concept is
embodied in your code, with specific exceptions in your code, but
there is none in your code. The only exception that could be written
in is the 1967 Special Act.
And that's something that, with all due respect, you don't have the
ability to interpret, your planning director doesn't have the ability to
interpret, and I guess getting to Commissioner Coletta's question, only
a court of law or another judicial tribunal that could do this on a
timely, deliberative, and authoritative basis would have the ability to
decide.
COMMISSIONER COLETTA: Well, Chairman Coyle, I yield
to my fellow commissioners. I see the lights are all up, and I'll come
back with some questions in a minute.
CHAIRMAN COYLE: Commissioner Henning is next.
COMMISSIONER HENNING: Ava Maria was adopted as a
D RI, correct?
MR. KLATZKOW: It was a combination. It was a DRI. It was
also an SRA.
COMMISSIONER HENNING: And right. So a DRI, you
approved a development order, right?
MR. KLATZKOW: Yes.
COMMISSIONER HENNING: You do that by resolution or you
do that by ordinance?
MR. KLATZKOW: I believe it's resolution.
COMMISSIONER HENNING: You do that by resolution for all
DRIs?
MR. KLATZKOW: (Nods head.)
COMMISSIONER HENNING: And that is the only zoning
action that we have done within the RLSA except for removing
development rights from properties, correct?
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MR. KLA TZKOW : You have established a number of SSAs
where development rights, to some different extents, have been
stripped off.
COMMISSIONER HENNING: And how do we -- that's -- yeah.
MR. KLATZKOW: The ordinance specifically says when you
do that, it is by resolution by three votes.
COMMISSIONER HENNING: Right. How do we do it in the
fringe? How's that done in the fringe? I'm asking our staff some
questions.
MR. BELLOWS: Good afternoon, Commissioner. My name's
Ray Bellows for the record. What was the question again?
COMMISSIONER HENNING: Well, how do we -- how does --
how do we approve stripping credits off sending lands within the
fringe?
MR. BELLOWS: Within the Rural Land Stewardship Area or
the rural fringe?
COMMISSIONER HENNING: No, rural fringe.
MR. BELLOWS: A transfer of development rights.
COMMISSIONER HENNING: Correct.
MR. BELLOWS: Yep.
COMMISSIONER HENNING: Does the board do that?
MR. BELLOWS: I'm not --
COMMISSIONER HENNING: Mr. Lorenz, your department
does that. I'm surprised you're still sitting back there.
MR. LORENZ: For the record, Bill Lorenz, Land Development
Services director.
With -- the Transfer of Development Rights within the Rural
Fringe mixed-use district, is an administrative process.
COMMISSIONER HENNING: So we set a higher standard
within the rural stewardship where it has to come to the Board of
Commissioners?
MR. LORENZ: The SSA credits have to come to the board,
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correct.
COMMISSIONER HENNING: Okay. Has your staff had
communications with the owners of Ave Maria or the owners of rural
stewardship about this issue of simple majority versus supermajority?
MR. LORENZ: Yes, sir. Ray Bellows has.
COMMISSIONER HENNING: Okay. It is an interpretation of
our Comprehensive Plan which the RLSA resides in and the Land
Development Code; is that correct?
MR. LORENZ: That would be correct.
COMMISSIONER HENNING: And so if this is not about Ave
Maria, what's the rush? Is it the thousand-dollar application fee,
correct me if I'm wrong, for an official interpretation? Is that the
issue? Do we need to waive a thousand-dollar fee for the landowners
to get an opinion to bring this process up correctly to the board if you
don't agree with staffs opinion, to be properly advertised so that the
public can participate in this, or is it about Jackson Labs?
You know, the law is very clear, our ordinance on rezones calls
for a supermajority. Special act of'67 and 2001 defines a zoning act,
a definition of an ordinance can be a resolution. I don't know why
we're doing this.
You're circumventing the process. It just gives a lot of questions
to the public out there what this is really about. If it's not about
Jackson Labs, let's do it right. Get an official interpretation. Bring it
back to the board if you don't agree with that official interpretation.
Let's change law if we need to change law.
But I want to give everybody the right. If we're going to require
a simple majority, I think all the landowners, including a church,
which is asking for a conditional use -- it's done on a resolution--
requires a four-fifths vote.
So -- but I also would like to make it a supermajority to raise
taxes or fees.
I don't think this is a proper venue, and it will be challenged
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either way. Everybody said it's not going -- it's not about Jackson
Labs. It's not about their zoning map. So if it's not about that, that's
the only action that's coming, let's do it properly. That's all I have.
MR. PASSIDOMO: Mr. Chairman, I think Commissioner
Henning raised three points. The first one, does a DRI development
order constitute a change in zoning? Clearly it does not. A DRI is
intended just to mitigate regional impacts on infrastructure. It's -- it
doesn't -- it's not zoning.
The second is, is there an existing process? Well, don't take my
word for it. Take your own county attorney's word for it. Let me
quote verbatim two weeks ago in response to your question,
Commissioner Henning.
Now, the board has the power -- I'm quoting from Mr. Klatzkow.
Now, the board has the power to interpret its own ordinances. And
Mr. Henning is right, there is a procedure for that. That's a public
procedure, but this is just more than your own ordinance. This is a
special act, and that you don't have the authority to interpret. That
came out of Tallahassee. And in my opinion, that's that special act.
It's what's going to control this issue.
Finally, if the question is a change in the zoning ordinance, I'd
suggest to you that there are different kinds of changes in the zoning
ordinance. If -- an SRA, which would be considered under that
analogy, an upzoning, then an SSA would be considered a
downzoning, and both would be considered a change in the zoning
ordinance.
And the fact is, there was a preexisting 1967 Special Act, and if
the LDC says you needed three votes to effect an SSA, that couldn't
trump the preexisting 1967 Special Act because it would have
constituted a change in the zoning ordinance, albeit a down zoning in
the change in the zoning ordinance.
We think, as Commissioner Henning is suggesting, there are
legal issues here. They should be resolved in the proper forum, but
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there is a sense of urgency because a cloud has been created over an
award-winning program that will have irreparable impacts on the
viability of that program.
We think it calls out for a timely and authoritative and an
absolutely certain resolution, and it would be done. And we agree,
this isn't the forum to do it, and no one here has asked you to do it.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: County Attorney, what's your take
on all this?
MR. KLATZKOW: The item before the board, brought by
Commissioner Coletta, is to ascertain the board's intent. If you had a
specific intent at that time, okay, that it was supposed to be three
votes, that's fine. I can't find anywhere in the record that says that. I
don't think the issue was ever discussed, to be perfectly blunt with
you.
This process took at least two-and-a-half years of hearings to get
through. I can't find one sentence on one transcript that ever raised the
issue, all right.
I asked Mr. Passidomo months ago if they would consider putting
in a request for an official interpretation so we can get this done before
the board in a public hearing. The developer at this point in time
hasn't chosen to do that.
You're going to get a -- you're going to get an application before
you relatively soon. It's going to be for a map change. At that point in
time, you know, as things are going now, it's going to be the opinion
of both staff and this office that it's going to be four votes to make that
change.
And at that point in time, I suppose if there are only three votes,
there will be litigation. Perhaps there will be four votes, and this issue
will go away. I don't know. But what I can say is that this is all about
Jackson today in my opinion. There is no other SRA coming down the
road in the immediate future. It's Jackson. And unfortunately it's hard
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to get a rational legal discussion on this because emotions are running
high in this particular application.
COMMISSIONER HALAS: Is there a possibility, is there a
possibility, of a legal opinion that could be addressed by an outside
individual?
MR. KLATZKOW: The only legal opinion at the end of the day
that's going to matter is a judge's legal opinion. You can get 500
private attorneys give you different opinions here. They don't matter,
okay.
Sooner or later a circuit court judge will rule on this. It mayor
may not be appealed. You'll get an appellate court ruling on that. That
mayor may not get appealed. You will eventually get finality on the
Issue.
COMMISSIONER HALAS: Okay. Would it be -- would it be
possible to have someone from the legal profession other than a
lawyer, such as a judge, that would look this whole -- all the evidence
over, what we would be presenting them, along with the landowners?
MR. KLATZKOW: I don't think -- if this -- Jackson Labs is
going to be challenged -- and I don't know that it is -- I don't know that
you're going to get them to agree to some sort of binding arbitration or
binding mediation. I don't think that's possible, sir.
Now, you also have legislative -- you have the ability to change
this by legislation. The '67 act is not carved in stone. You can amend
that if you wish.
The RLSA is not carved in stone. You can amend that, if you
wish. There are processes for this. You don't necessarily have to go
through a judicial mechanism in order to get finality. You as a
legislative body can legislate, and you can ask for a special act to be
modified to either take the RLSA out of the 1967 Special Act, in
which case we don't have to worry about appeal upon appeal, or you
can keep it in. You can make the determination that, yes, you want
this.
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You don't have a single land use change in this county that
doesn't require four votes, all right? Get -- what Commissioner
Henning was saying. You want to put a daycare center in the
basement of a church, it's four votes. They're saying you can put an
entire town out there, industrial, commercial, residential, 10,000
people living out there on three votes. I don't know that that was the
intent.
COMMISSIONER HALAS: Well, I'm not sure where we can go
today because this thing is very emotionally and politically charged,
and I'm not sure the direction that we can go on this thing, because it's
going to be damned if you do and damned if you don't.
I'm really not sure what options are open to us as board members,
and realizing that this is my last day here, I'm not sure that I'm in a
position, after hearing you opine on it, exactly what direction we can
go here.
So I've tried to come up with some options where somebody
other than -- and we can't send it -- you know, when I look at, well,
we'll send it back to the Planning Commission, the chairman of the
Planning Commission has already stated his case in the paper. And
I've got some concerns about -- in the manner in which he opines on
things that are still being discussed, and I think that that weighs
heavily on the direction -- it's not an open policy and it's not in the
sunshine.
And now you tell me that we have a problem here -- well,
because if somebody is a -- ends up using his position as a bully
pulpit, I've got a real problem with that.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yeah. I think we should just cut to
the chase here. Obviously we're not going to be making a decision,
nor do we have a right to make a decision today. I heard somebody
say it probably isn't a good idea to hire attorneys, because they're not
going to be able to make that decision. There's still going to be
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problems with that.
Why don't we just get a legal determination from a judge? Why
don't we have -- you mentioned judge, you mentioned judge, we've
heard judges mentioned a few times. Why don't we hire a legal judge,
a judge who maybe has been retired? But we've used judges in the
past, a judge mediator; we've used a judge arbitrator. We can hire
them to come in and make this determination.
And we have -- we have nothing to do. You hire the judge, and
our people can work with you to hire a judge so that the judge works
with the landowners as well as with the county so that they have both
coming in -- but you guys can pay for it.
And then it will take it out of the political realm and put it in a
judge's realm, because -- especially if we've got somebody that's
retired. He doesn't even work in the system. You know, he's going to
just come in from a completely unbiased point of view, and let him
make the determination. What do you say about that?
COMMISSIONER COLETTA: I think that's a great idea.
MR. KLATZKOW: You can't do that, ma'am. It's a great idea,
ma'am, it really is, but unfortunately this comes down to Jackson.
And at the end of the day, if there's opposition to Jackson, they take it
to court. The fact that we've hired a retired judge to opine on this is
not going to -- it's not going to bind the court that actually has the
dispute before them.
COMMISSIONER FIALA: You mean to tell me that a judge
cannot make a determination as to the interpretation of four votes or
three votes?
MR. KLATZKOW: They can if you want to start a declaratory
judgment action right now, go to court and just ask. That's the
mechanism to do that.
But there may not be that need, ma'am. I mean, the Jackson Lab
issue may be five-nothing. It may always be five-nothing. I don't
know. I mean, we could be worried about nothing here. I mean, it
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didn't come up for Ave Maria because it had such wonderful support.
COMMISSIONER FIALA: Let me hear from the landowners,
okay? I'd like to hear from the landowners.
MR. P ASSIDOMO: Thank you, Commissioner. With your
indulgence, Mr. Chairman.
The fact is -- and I think Mr. -- there are several people who are
going to challenge the Jackson Lab premise here. They have nothing
to do with Jackson Labs. They don't give a hoot about Jackson Lab.
Let me respond to the question about why we're here. You've
already been told that an official interpretation doesn't work. That's
what you were told last week. There is no other alternative available
to get a resolution. If there is a 5-0 vote on any of these issues that are
coming up with Jackson Lab, that doesn't do anything to remove the
cloud that's been placed on this process.
And everyone who has walked into the process and imposed
easements on their property will not know now or at any time in the
future whether those are marketable credits if they've received an
exchange for imposing those easements on their property.
There is no way to get to that issue. And there is a way to get to
the question of arbitration. And we wouldn't appoint an arbitrator
(sic). It's done all the time where two parties agree on an arbitrator,
and they share in the cost of the arbitrator, and the arbitrator takes
testimony and findings of fact and receives legal memoranda and
takes legal issues.
We had -- part of our frustration is we've submitted a legal brief
this thick. We haven't got back a sentence of contrary legal authority
to our opinion. We want to be accountable for our legal opinion, but
there is no process to be accountable in a timely and deliberate and
authoritative way other than appointing an arbitrator. It works.
COMMISSIONER FIALA: I think that's great. I think it takes it
out of this realm --
COMMISSIONER HALAS: Yep.
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November 9,2010
COMMISSIONER FIALA: -- and puts it in a completely
unbiased realm. I can't see a better solution in my opinion.
MR. PASSIDOMO: We could get it done in 30 days. So by the
time the issue came up on December 14th before you, it's resolved and
it's resolved in perpetuity. Then you can go to court if you want to
and have that actually approved in a court and made into a court order.
But what it does is it removes the cloud of uncertainty and the
question of undue political influence over a legal decision, and it gets
a decision made by the highest possible authority. There are former
justices of the Florida Supreme Court who do this now for a living.
COMMISSIONER FIALA: And we had them do that once for
us, didn't we, up in the Clerk's Office or something? I remember us
meeting with some former judge from, what was it, the supreme --
CHAIRMAN COYLE: That was a mediation.
COMMISSIONER FIALA: Mediation, yeah. That's right.
COMMISSIONER HALAS: That's what they're talking about
here.
COMMISSIONER FIALA: Yeah, okay.
MR. P ASSIDOMO: It's the surest, simplest, and least expensive
way to get justice, and that's all we're asking for.
COMMISSIONER HALAS: I have to go along with
Commissioner Fiala on that. I think that's -- we've got to take it out of
the political realm.
COMMISSIONER FIALA: I think so, too.
COMMISSIONER HALAS: Yep.
COMMISSIONER FIALA: Okay. So can I make a motion to do
that?
COMMISSIONER HALAS: Sure.
CHAIRMAN COYLE: If you'd like. I've got Commissioner
Henning and Coletta waiting to make some comments, but --
COMMISSIONER FIALA: Oh, okay.
COMMISSIONER COLETTA: No. Go ahead. We can always
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follow up.
COMMISSIONER FIALA: Okay. I'd like to make a motion
then that we have the county manager work with the attorney for the
landowners to hire a judge, a retired judge --
COMMISSIONER HALAS: From the supreme court.
COMMISSIONER FIALA: -- and take it out of the political
realm and into -- into the court system -- well, it's not really the court
system -- but the legal system so that we can get a legal determination
on this once and for all.
COMMISSIONER COLETTA: I'll second that. But who pays
for it?
CHAIRMAN COYLE: You better split the cost, otherwise
you're going to find that they'll be --
COMMISSIONER FIALA: That's right, that's right.
COMMISSIONER COLETTA: Yeah, to be unbiased.
CHAIRMAN COYLE: -- somebody sees favorable to one
person or the other.
COMMISSIONER HALAS: It's got to be --
COMMISSIONER FIALA: Yeah, you're right, absolutely.
COMMISSIONER COLETTA: Okay. I second that.
COMMISSIONER FIALA: Okay.
CHAIRMAN COYLE: Okay. We have a motion by
Commissioner Fiala to select an arbitrator, seconded by Commissioner
Coletta.
Commissioner Henning, go ahead.
COMMISSIONER HENNING: Well, most judges don't have
land use experience, so good luck with that.
The -- you know, it's still circumventing our process. You're
saying that the landowners, the big landowners out east, doesn't have
to go through our process. We can do it -- a simple process, and if it
comes back that we do a simple majority versus a supermajority and
that is challenged into the courts, it goes into the courts, you can delay
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November 9,2010
Jackson Labs.
You see, I think -- and Mr. Passidomo put it bluntly. We can get
this done before the 14th before that comes up. It's all about Jackson
Labs now.
So -- and I can tell you I can separate issues of 130 million
without very little public process and changing a zoning map. I can
do that.
COMMISSIONER FIALA: Yes, but what about all of these
landowners that own land that have to make these decisions to?
COMMISSIONER HENNING: See, there is not a rush to do
this. I'm encouraging you to do it right. The process that we have set
others have used, other landowners have used in Collier County. Now
you want to shorten the process --
COMMISSIONER FIALA: No.
COMMISSIONER HENNING: -- and get it into --
COMMISSIONER FIALA: All I want to do is do it right by
having somebody completely unbiased come in, Commissioner
Henning, and make this determination for us. Take it out of our hands
entirely. To me, that -- you know, give it to somebody, I don't care, a
retired judge up in Tallahassee, I don't care where he is, but let them
make the decision, then we don't have to worry about that anymore.
Whatever the decision is, then we abide by it.
COMMISSIONER HENNING: Then we should do it for
everybody.
COMMISSIONER FIALA: Well, not everybody has an RLSA.
COMMISSIONER HENNING: All right.
COMMISSIONER FIALA: I don't --
CHAIRMAN COYLE: Well, you know, this issue isn't as simple
as anyone has presented it to be, either those who are for simple
majority or those who are for a supermajority.
It is, in my estimation, absolutely ludicrous that we should have a
different voting requirement for an SSA than for an SRA. Makes
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November 9,2010
absolutely no sense at all. Couldn't possibly justify that. Had it been
brought up at the time, I'm sure that people would have said they've
got to be the same. You can't have them different --
So if they were established as the same when we approved the
RLSA, didn't that supersede the 1967 law?
So it makes no sense to me, quite frankly. And if we go through
the process internally, we will be no further along than we are right
now, because the county attorney has told us in absolutely no
uncertain terms, he believes it should be a four-fifths. The staffhas
essentially said the same thing, or at least they've been somewhat
neutral on the issue.
So we ask for an official determination, and we spend another
month or so, and what do we have? We have the county attorney
saying the same thing; the staff saying the same thing. We're left in
the same position trying to make sense of a set of circumstances that
are nonsensical.
So if you don't go to some method of resolving it, we're not going
to make any progress in it, okay.
COMMISSIONER FIALA: Right.
CHAIRMAN COYLE: But I don't know whether that's the best
way to do it or not, quite frankly.
And honestly, for the people who are concerned that this might
do something to help Jackson Labs along, there is no chance on earth
that Jackson Labs is going to proceed without an extensive legal
battle. It's not going to happen.
So this is not going to cut any corners with respect to that
particular issue. So -- well, that's all I've got to say about it.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, briefly. I just want to
clarify one point that I think everybody's missing.
There's this comparison everybody's trying to make with Jackson
Lab and what we're doing here today with the RLSA.
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Well, there is a connection, but the connection is just the opposite
of what everybody thinks. These people here today are environmental
groups, a lot of the landowners. They have nothing to do with Jackson
Lab. They have everything to do with the RLSA.
If Jackson Lab went forward and we went with the idea that it's
four votes, we effect the whole outcome of the RSLA (sic) with that.
So, you know, there's some motives here, but they're not devious
motives. They're up front and they're honest. If it wasn't for Jackson
Lab coming forward, probably the landowners at this point in time
would have no reason to come forward, because there would be no
challenge to the RSLA (sic), beginning and end.
MR. P ASSIDOMO: Mr. Chairman, can I make just one
observation. I think that -- a couple of interesting points to make. I'll
do it in 30 seconds.
CHAIRMAN COYLE: Okay.
MR. P ASSIDOMO: The first is, there is no existing progress. If
there was, we'd employ it. The county attorney has told you, you can't
have an official interpretation of state law. You can't do it.
Second is, I thought Commissioner Henning was right on the
button. He said, most judges don't have land use experience. Bingo.
They do probate, they do criminal law, they do tort law, they do
everything, but Mr. Klatzkow and I could find the finest land use
former judge who's an ex- -- has a statewide expertise in that area.
You can actually shop collectively to get the best expertise you can
possibly conceive that you would never find going into a courtroom.
And that's exactly why I think Commissioner Fiala's recommendation
makes so much sense.
Thank you.
CHAIRMAN COYLE: Okay, thank you. Okay. We have a
motion by Commissioner Fiala, second by Commissioner Coletta.
Any further discussion on the motion?
Yes, County Manager.
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November 9,2010
MR.OCHS: May I just have some clarification on the motion.
Initially I thought the motion was for the county manager to work with
the attorneys for the Eastern Collier Property Owners --
COMMISSIONER FIALA: That's what I said.
MR.OCHS: -- but Mr. Passidomo just suggested, and I think
more correctly, frankly, that he work with the county attorney to try to
identify someone with legal expertise in land use. That frankly is not
my area of expertise. I'll be happy to do it, if the board directs.
COMMISSIONER FIALA: Leo, I thought you were an expert in
everything.
MR. OCHS: No, ma'am. Jack of all trades. Master of none. But
whatever the board's pleasure is, but I think that argument make--
COMMISSIONER FIALA: Okay. That's the way it should be
then, yeah. Let's just do that, okay.
COMMISSIONER COLETTA: The second agrees.
MR.OCHS: Is it binding arbitration; is that what we're talking
about?
COMMISSIONER FIALA: Well, that's what I said, but--
MR. P ASSIDOMO: If I might observe. I think you really want
nonbinding arbitration.
COMMISSIONER FIALA: Do you?
MR. P ASSIDOMO: It's impossible to ascertain who could
conceivably assert an interest, and if you had binding arbitration,
you'd have to have everybody in front of you. I think what you're
really looking for is removing the cloud of uncertainty from this
process. You can go to court after that, that you have to have
nonbinding arbitration. Go to court and reduce that to a court order,
and then you've got law established.
But the important thing right now, and I think that the
landowners who don't have a dog in this fight were very clear about
this, they need this cloud to be removed as quickly as possible, and
that's -- we would ask that that be done on an expedited basis so that
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you know when you're going forward, and all the landowners know
what the rules of the road are.
COMMISSIONER FIALA: Okay. Thank you for clarifying
that, because I don't understand too, too much about binding,
nonbinding. So then I'll make sure that on the record it says that it
will be nonbinding.
COMMISSIONER HENNING: I have a question.
CHAIRMAN COYLE: Okay. Commissioner Henning, go
ahead.
COMMISSIONER HENNING: Why aren't you asking our
county attorney instead of --
COMMISSIONER FIALA: I didn't ask anything. He just -- he
just offered his opinion, and I'm agreeing with him.
COMMISSIONER HENNING: Okay.
COMMISSIONER FIALA: Or was I -- I don't think I asked him
a question, did I?
COMMISSIONER HENNING: You asked a question.
COMMISSIONER FIALA: Oh, okay.
COMMISSIONER HENNING: You got a response from the
landowner's attorney. And you're okay with that, and I'm just asking,
why aren't you getting an opinion from the county attorney that is --
that is the attorney for the Board of Commissioners?
COMMISSIONER FIALA: Okay. Would you like to give me
your opinion?
MR. KLATZKOW: Well, I did. I don't think it came off -- I
don't think I was -- it was an opinion that you really wanted at the end
of the day.
I asked Mr. Passidomo months ago to get a legal-- request for
legal interpretation to get this issue to the board so we can get into a
courtroom. That never happened, okay.
Now, yes, you don't have the power to interpret a special act, but
you do have the power to establish -- to interpret the RLSA. All right.
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That didn't happen, so now we're left with a time crunch.
I would prefer a declaratory judgment. Go right to court.
Anybody who wants to join in can join in and you're right there. You
want to go find a land use lawyer somewhere and put it to him, we can
go that route. I don't think it's going to stretch out though, because I
think that's getting challenged anyway. But that's fine.
COMMISSIONER FIALA: You know, it's okay. I just fee that
MR. KLATZKOW: I'm okay with that motion, ma'am.
COMMISSIONER FIALA: I just feel that -- okay. I just feel that
I'm heading in the right direction, and I've got a couple other nods here
that feel so too, so that's the way I want to go, but thank you for your
comments.
MR. KLATZKOW: Yeah.
COMMISSIONER COLETTA: Call the question.
CHAIRMAN COYLE: You have another question?
COMMISSIONER COLETTA: I said call it.
COMMISSIONER HENNING: What is the motion?
CHAIRMAN COYLE: The motion is to approve the selection of
an arbitrator to consider the legal issues related to this voting
requirement, and that's it.
COMMISSIONER HENNING: Is it a non-declaratory or --
CHAIRMAN COYLE: Nonbinding.
COMMISSIONER FIALA: Nonbinding.
COMMISSIONER HENNING: -- or a declaratory?
COMMISSIONER FIALA: I said legal determination.
COMMISSIONER HENNING: Okay. Well, we want to give
staff direction, and I think the issue is official interpretation,
non-declaratory opinion or declaratory?
CHAIRMAN COYLE: Well, that's -- county attorney?
MR. KLATZKOW: As I understand it, you're asking for an
opinion declaring respective rights of the parties.
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November 9,2010
COMMISSIONER HALAS: Exactly.
MR. KLATZKOW: All right. And we will be bound by that. I
don't know that the property owners are necessarily going to be bound
by that, but we will be bound by that opinion.
COMMISSIONER FIALA: But the determination is whether it's
a majority vote --
MR. KLATZKOW: That's right, ma'am.
COMMISSIONER FIALA: -- or a supermajority.
MR. KLATZKOW: Yes, ma'am.
COMMISSIONER FIALA: Okay, okay.
COMMISSIONER HALAS: Bottom line.
CHAIRMAN COYLE: Okay. All in favor, please signify by
saYIng aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Okay. It passes 4-1, with Commissioner
Henning dissenting.
Yeah. We're going to take a break now for ten minutes. We'll be
back at 2:59.
COMMISSIONER HENNING: What do we have left? What do
we have left?
MR. OCHS: We have 12A, sir, and then public comment and
then communications from staff and commission.
COMMISSIONER HENNING: Thank you.
(A brief recess was had.)
CHAIRMAN COYLE: Ladies and gentlemen, the Board of
County Commissioner meeting is back in session.
Where do we go from here, County Manager?
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November 9,2010
Item #11
PUBLIC COMMENTS ON GENERAL TOPICS
MR.OCHS: We go to Item 11, sir, public comments on general
topics.
CHAIRMAN COYLE: Okay. Do we have any public comment
on general topics?
MR. MITCHELL: Yes, sir, we do. Mike Schumann, and he's
going to address an -- Immokalee glider operations.
MR. SCHUMANN: Mr. Chairman and Commissioners, sorry to
have to drag you back into the discussion that you were having this
morning about the Immokalee Airport.
My name is Mike Schumann. I am a soaring pilot, a members of
the Everglades Soaring Club. I also own a business in Naples, so I'm
down here quite frequently, but I'm not a full-time resident.
I think you made a big mistake this morning in the new fee
structure that is applying to Don Ingahram's proposed operation.
I'm actually a personal friend of Don's. In the summertimes I fly
out of Minnesota, where Don is from.
We have a real problem with the direction of the new
management of the airport. I think all of us who use the airports down
here agree that Collier County has a huge problem in the negative
financial results from the airports. And it is our belief that the airports
should be self-sustaining. We believe that's possible.
There are many airports in this country that are similar to
Immokalee and Marco and Everglades that are owned by their
communities that break even. Nobody makes money off airports, but
airports should be self-susstaining. If they're not self-sustaining,
they're not going to continue to exist in the long term, and we won't
have them to use as facilities.
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November 9,2010
The problem that we have at Immokalee is a revenue problem.
And what you are seeing with Don Ingram's operation is what I, as a
small businessperson, see every day. On the one hand, sometimes a
price increase can increase your revenue, but sometimes a price
increase can make you completely uncompetitive and destroy your
business, and that's what's going to happen at Immokalee, because
Don Ingram is not coming down this year because he can't afford to
pay a 15 percent fee on gross receipts. I mean, if it was a 15 percent
fee on net profit, that'd be a different story, but we're talking about 15
percent on gross.
And the general aviation business is not a money-making
proposition. People do this because they love aviation. They barely
squeak buy, all right. I know he's coming down here. The motivation
for him coming down here is because he can enjoy being down here in
the wintertime with his family, but he's got to pay for that. He does
not have a lot of money, okay? He can't do that at a loss. He can do
that at a breakeven, but he can't do it at a loss.
And you need to look at the competitive situation between
Immokalee and the other airports in the area, okay. Naples downtown
airport, their flight training operations, which is essentially what Don
Ingram does -- yes, they pay for their offices, they pay for die-downs,
but there's no fee on gross receipts. There's no airport in the country
that I know of that has a 15 percent charge on gross receipts.
In Minnesota, the Metropolitan Airports Commission has a
one-and-a-half percent gross receipts fee on businesses that have gross
revenues in excess of $100,000 a year, and then it declines from there
over time. Nothing comes close to 15 percent.
You know, if Don was really committed to coming down to
Southwest Florida, he could go up to LaBelle. They would welcome
him with open arms without any fee, all right? This year, him not
coming down here is going to cost you revenue, because last year he
paid about $400 in use fee and hangar rental.
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In addition, we were going to have other pilots bring private
ships down. They're going to pay, you know, tie-out fees at $40 a
month. None of that's going to happen this year, because you've
priced yourself out of the market.
And if you look at this airport and you compare it to like LaBelle
and other airports around, the fundamental problem here, when you
look at your financial situation, is a cost problem. Your overhead here
is wildly out of control, okay.
The airport at LaBelle and in Hendry County -- there are two
airports up there. They have one full-time employee that runs all
those airports. That's it, okay.
In Collier County, we added it up. The airports -- the three
airports in Collier County have 14 employees, and the combined -- the
two airports in Hendry County have the same number of airlines, the
same amount of traffic, the same amount of fuel sales as all of the
airports in Collier County combined.
So you cannot solve this problem, just like I in the furniture
business can't solve my problem. If I'm not competitive, and I'm not
making money and my costs are wildly out of control in comparison
to my competitors, I can't solve my problem by raising my prices.
CHAIRMAN COYLE: I think you've made your point. Your
time has expired.
MR. SCHUMANN: Okay. Thank you very much.
CHAIRMAN COYLE: Thank you.
COMMISSIONER FIALA: We're bringing this back, right?
CHAIRMAN COYLE: Yes. Nothing was decided.
COMMISSIONER COLETTA: That's the only comment I
wanted to make. And we haven't dismissed it out of hand. We asked
him to bring it back so we could discuss it.
So you're saying a determination has been made, and it hasn't
been. We're bringing it back for consideration of all -- everything
that's there. When you bring something under public petition, we're
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not supposed to make a decision there. We're supposed to go back to
be a regular advertised meeting.
So before you berate us right down the line, give us a break, man.
We're doing the process, you know. And there's enough interest to
bring it back.
MR. SCHUMANN: I'm sorry. Commissioner Coletta, you
know, I really appreciate your support in the past, because you were
instrumental in getting this to happen last year, and it was wildly
successful.
And I don't mean to berate you. The problem is that the season is
coming, and we tried -- Don tried to get an agreement with the airport
back in September and, of course, with the change in management and
everything, it delayed everything. And it's like, he's got to make a
decision.
Ifhe's going to come down this season, it needs to --
CHAIRMAN COYLE: We've 'got it. We've got it.
MR. SCHUMANN: Okay. I mean, the reality is, if it doesn't
happen in the next day or two, it's not going to happen.
CHAIRMAN COYLE: Well, it's not going to happen in the next
day or two, so it's not going to happen.
MR. SCHUMANN: Okay. Thank you very much.
CHAIRMAN COYLE: Okay. Thank you.
What else do we have? Do we have any other speakers?
MR. MITCHELL: No, sir.
CHAIRMAN COYLE: Okay.
Item #12A
SETTLEMENT OFFER PROPOSED BY HOUSING
DEVELOPMENT CORPORATION OF SW FLORIDA, INC.,
FORMERLY KNOWN AS COLLIER COUNTY HOUSING
DEVELOPMENT CORPORATION, RELATING TO LITIGATION
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November 9,2010
STYLED AS COLLIER COUNTY, FLORIDA V. COLLIER
COUNTY HOUSING DEVELOPMENT CORPORATION, ET AL.
(CASE NO.1 0-2532-CA) NOW PENDING IN THE CIRCUIT
COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND
FOR COLLIER COUNTY, FLORIDA, WHEREBY HOUSING
DEVELOPMENT CORPORATION OF SW FLORIDA, INC.,
ASSIGNS ALL RIGHT, TITLE AND INTEREST TO THE
PROMISSORY NOTE AND SECOND MORTGAGE AND
SECURITY AGREEMENT, IN THE PRINCIPAL AMOUNT OF
$320,000, GIVEN BY CIRRUS POINTE PARTNERS, LLC, AND
DIRECT THE COUNTY ATTORNEY TO TAKE WHATEVER
ADDITIONAL ACTION IS NECESSARY TO IMPLEMENT THIS
SETTLEMENT - APPROVED
MR.OCHS: Okay. That takes you to Item 12A on your agenda,
sir. It was formerly 16K2.
CHAIRMAN COYLE: Okay.
MR. OCHS: Jeff?
CHAIRMAN COYLE: Isn't this -- been an issue of whether or
not it's the wise and right thing to do with respect to legal
proceedings?
MR. WILLIAMS: I think so, Commissioner Coyle. Again, this
is the third time -- this is Steve Williams, for the record, Assistant
County Attorney.
This is the third time you've seen Serus Point on your agenda in
the year 2010. What we had originally on the consent agenda is,
there's a settlement offer presented to us by one of the defendants in
the case, not all of the defendants, and we wanted to get your approval
for that particular settlement offer. I have the background
information, if you would like.
But this is one we didn't necessarily feel comfortable going into
shade on given the nature of -- the public nature of this particular item.
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We brought it to you.
We have now brought it out into the public for discussion. If any
of the commissioners have any questions, be glad to go through it with
you, and what got us to this point, if you need it.
CHAIRMAN COYLE: Are there any questions?
COMMISSIONER HENNING: Yeah.
CHAIRMAN COYLE: Okay. Commissioner Henning, go
ahead.
COMMISSIONER HENNING: Does the government take first
in a foreclosure proceedings?
MR. WILLIAMS: We're not in this one. As -- currently, we
have no position. We are unsecured in the 320,000 that has been
provided to the defendants in this action. It was a HUD grant. If and
when we are successful in this and we retrieve the 320,000, we still
won't retain any of the funds. It will be going straight back to HUD.
COMMISSIONER HENNING: Right.
MR. WILLIAMS: What we're attempting to do with this
settlement is to come into second place, and that will at least give us a
seat at the foreclosure table that we don't have.
There is a foreclosure pending, as you're aware, in front of Judge
Hayes where the original Orion Bank loan, which is now Hiberia, has
filed foreclosure action.
Our current position doesn't even allow us to walk into the
courtroom when they have any hearings or discussions in the
foreclosure action. Hopefully by moving into this second place at
least, that we can at least come to the table, do whatever we can to
satisfy HUD so they will provide all future funding to us, not penalize
us in the next two years.
COMMISSIONER HENNING: What -- was there a lien action
on the deed for the monies that we -- what it, 320- --
MR. WILLIAMS: We have not filed a lien action on the deed.
We have brought forward a four-count complaint--
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COMMISSIONER HENNING: Well, how do you account for--
you give somebody money, right?
MR. WILLIAMS: Correct.
COMMISSIONER HENNING: Where's -- where's the checks
and balance? How do you --
MR. WILLIAMS: The situation and why it's unusual is, why
you don't have it is, we did not give the money to the entity that
acquired the property. We can't place a lien on Collier County
Housing Development's property because their property's not at stake
in the lawsuit.
COMMISSIONER HENNING: Oh, yeah. That's right. That's
right.
MR. WILLIAMS: Yeah.
COMMISSIONER HENNING: Boy, that was sure not a very
WIse move.
MR. WILLIAMS: I believe at the time -- this was 2005. The
county was in an affordable housing crisis. And I pulled the
transcript, and everyone acknowledged that we were.
COMMISSIONER HENNING: No, you do -- you do -- you give
some people money to do something, you want to follow through on
that. We lost our position on it. There was no -- the only action we
got is HDC. Go after HDC. No?
MR. WILLIAMS: No, Commissioner. We have brought an
action --
MR. KLATZKOW: No. We have sued -- we have sued the
developer both on his personal and in his corporate level.
COMMISSIONER HENNING: Oh, his personal level?
MR. KLATZKOW: Yes, we have.
MR. WILLIAMS: Yeah. I've got an individual complaint
against him as an individual. They filed a motion to dismiss that
individual complaint, and the judge did not grant it. He has remained
in as an individual in the lawsuit. So not only as a corporation, but
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also the developer himself.
COMMISSIONER HENNING: What about HDC's action?
They're a -- I see you got a corporation, and then you have all the
officers.
MR. WILLIAMS: As a corporation, we named them as their
action as --
COMMISSIONER HENNING: What about their officers?
MR. WILLIAMS: I did not name any individual officers of
HDC in the lawsuit. That would require a -- piercing a corporate veil
that, on the facts I have so far, I don't believe are warranted.
Now, discovery is still ongoing and remaining, and that is always
subject to change.
CHAIRMAN COYLE: Okay. Any other questions?
COMMISSIONER HENNING: No.
CHAIRMAN COYLE: All right.
MR. MITCHELL: Sir, we do have two speakers.
CHAIRMAN COYLE: Okay.
MR. LUPO: At the current time I'll waive unless there's any
specific questions for HDC.
CHAIRMAN COYLE: Okay. You represent HDC?
MR. LUPO: Yes, Your Honor. David Lupo, Cohen and
Grigsby, representing HDC.
CHAIRMAN COYLE: Okay. Any questions for HDC?
COMMISSIONER HALAS: Did they get -- did they get your
name on the record, because nobody else heard?
MR. LUPO: I'm sorry. David Lupo, Cohen and Grigsby on
behalf of HDC.
CHAIRMAN COYLE: Okay. No questions?
MR. MITCHELL: The second speaker is Kathy Patterson.
MS. PATTERSON: Waive.
CHAIRMAN COYLE: Okay.
MR. MITCHELL: Sir, there's no further speakers.
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CHAIRMAN COYLE: Very well. Is there a motion?
COMMISSIONER HALAS: Motion to approve.
CHAIRMAN COYLE: Okay. Motion to approve continuing the
legal action that you've specified --
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: -- by Commissioner Halas, and seconded
by Commissioner Fiala.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
MR. WILLIAMS: Thank you, Commissioners.
CHAIRMAN COYLE: Okay.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Commissioners, that takes us to Item 15, staff and
commission general communications.
CHAIRMAN COYLE: All right, what do you have, Leo?
MR.OCHS: Two brief items, Commissioners.
First one has to do with the November 23rd legislative delegation
hearing. We have one item as a staff that we're advised we need to
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physically be there to present, and that's the item asking for state
delegation support for the proposed EMS public safety station on
Alligator Alley that we discussed during our legislative delegation. I
was just wondering if neither the Chair or vice-chair is in town on that
day, should we follow the procedure that the board discussed earlier in
the day and try to get the former chair, and then -- if the former chair
is in town, if not, then we'll need authorization to ask another
commissioner that would be available for the --
COMMISSIONER FIALA: So what is this for, Leo, and what's
the date?
MR. OCHS: It's November 23rd.
.CHAIRMAN COYLE: Two days before Thanksgiving.
MR. OCHS: The legislative delegation meeting is here, I
believe, at two p.m. on the commission chambers.
COMMISSIONER FIALA: I already have something on my
calendar that I had to give a speech to at noon, and then I was going to
-- I'll tell you, I was going to leave town right then, but I was -- I can
go later if you need me to stay. I was just running to --
CHAIRMAN COYLE: What time does it start?
COMMISSIONER FIALA: I can -- I can stay -- I can be here.
MR. OCHS: Two p.m. is the meeting.
CHAIRMAN COYLE: Two p.m.?
MR.OCHS: In the chambers, yes, sir.
COMMISSIONER FIALA: Okay.
CHAIRMAN COYLE: Can we get -- can we get Commissioner
Fiala on first, do you think, with the legislative delegation? Can we
make a request?
MR. OCHS : We can make that request, sir.
COMMISSIONER FIALA: Well, I hate to tell you this, but I
was going up to Sarasota to pick up my turkey, so I can go a little bit
later.
CHAIRMAN COYLE: You know, you can buy one here in
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town.
COMMISSIONER HALAS: Maybe it's a lot cheaper.
COMMISSIONER FIALA: But it's not an Amish turkey here.
CHAIRMAN COYLE: We could make it look like an Amish
turkey.
COMMISSIONER HALAS: Put a black hat on it.
MR.OCHS: So you believe you'll be available then, ma'am, for
the 23rd?
COMMISSIONER FIALA: Yes, I will be.
MR.OCHS: Okay, thank you.
And the other one, just real quickly. The staff level, we're
looking to upgrade the automated board agenda system for
implementation in January. Not really a big deal. It won't be -- it will
be transparent to the board.
But in doing that, there was a question that came up about the
order of the items on the agenda, specifically public comment. I don't
know. It seems to be in kind of an odd place between 10, which is the
county manager report, and then we go into 12, which is county
attorney report, then CRA items. So before we just went ahead and
did it as we always did, I thought I'd check with the board, see if
there's any interest in moving that public comment closer to Item 15,
perhaps do it just before staff and board communication, or leave it
exactly where it is or place it earlier in the agenda.
CHAIRMAN COYLE: Moving it closer to 15, I think, serves the
public purpose better because it allows the public to have heard what
we were doing and then comment on it, if they wish to. They have the
option of speaking before we take a vote already.
MR.OCHS: Yes.
CHAIRMAN COYLE: So -- but if someone wants to listen to
the entire proceeding and then make comments, I think it serves the
general public better to put it closer to 15 toward the end of the
meeting.
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MR.OCHS: It's the board's agenda, obviously, so I just wanted
to check to see if there's any interest before we locked in the new
software.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: Whatever works --
CHAIRMAN COYLE: Whatever you decide --
COMMISSIONER FIALA: -- best for the public.
CHAIRMAN COYLE: -- Leo.
COMMISSIONER FIALA: Yeah. Whatever works best for the
public, Leo.
CHAIRMAN COYLE: Move it closer to 15.
MR. OCHS: That's all I have.
CHAIRMAN COYLE: Okay. County Attorney, anything from
you?
MR. KLATZKOW: No, sir.
CHAIRMAN COYLE: Okay. Commissioner Fiala, we'll start
with you.
COMMISSIONER FIALA: Oh, okay, fine.
You know, earlier today with that issue with the EMS and
everything, a while back what we had done as a commission was, we
wanted to make sure that things weren't run to the newspaper first and
then, you know -- and gotten out of proportion. Maybe it -- today it
was still a spectacle, and there was many things that --
CHAIRMAN COYLE: Yeah.
COMMISSIONER FIALA: -- that were embarrassing. And you
know, I was thinking maybe we should think about -- not now,
because I'm just -- I'm just coming up with this idea. Maybe we -- in
something like this, the first thing that should happen is, if there's a
problem, they should go to the county manager. And if the county
manager feels that it's a decision we need to make, then he can bring it
to us, rather than do something like this again.
CHAIRMAN COYLE: Well, that's the way happened.
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COMMISSIONER FIALA: Oh, really?
CHAIRMAN COYLE: Yeah, yeah.
COMMISSIONER FIALA: Oh, okay. I'm sorry. Okay.
COMMISSIONER HALAS: How did the paper get ahold of this
thing and got it out of proportion?
CHAIRMAN COYLE: Well, they got -- they got the same
information we got.
COMMISSIONER FIALA: Well, I didn't get mine till yesterday.
It was amazing what they had already, but anyway.
MR.OCHS: Each of the commissioners got the same
information yesterday as I went around to the pre-meeting briefings. I
believe what happened was during the day yesterday, the media had
asked for a -- they made a public records request for the --
CHAIRMAN COYLE: In the afternoon.
MR. OCHS: -- affidavits, so they were produced.
COMMISSIONER FIALA: Okay. And second thing, I can't
wait till Nick produces all this information he's been working on. We,
again, heard, with the HDC, because we were in an affordable housing
crisis back then and we had to act -- and, you know, we weren't. And
I produced all the figures but, of course, nobody listened. And it's -- I
think that thing has gotten to us many, many, many times where we've
passed things because we thought we were in a crisis but yet the
person figuring this out trumped up those figures and didn't give us the
correct amount. We would have never been in that situation.
And I hope at some point we can get that cleared up so that it
doesn't lead us to be forcing developers to build stuff that they don't
need or we don't need or they shouldn't have to do. And so, Nick, I'm
really looking forward to your report.
MR. CASALANGUIDA: Just to respond real quick,
Commissioner. She was gracious enough to give me a tour of East
Naples and drive around with her.
We're expecting to come back to the December to get a little
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board direction on some of the things we talked about. I think that
was always our intent, through the rough analysis, come back, give
you a preview, a peek, get comment, and then finish it all. So we'll be
back in December on the board agenda, and you'll get a peek at
everything we've done, and you'll be able to give us a little bit of
direction, and we'll finalize it.
COMMISSIONER FIALA: So we get a true picture countywide.
You know, I don't -- not just East Naples. I mean, this has to be --
poor Golden Gate Estates didn't even get anything in the count, but
that's why it was so off, because so many things were not counted. So
I'm glad you're going to do this the right way.
CHAIRMAN COYLE: Well, we're talking about including the
actual number of low-income housing that exists in Collier County
rather than just including the ones that we administer.
MR. CASALANGUIDA: Correct. You're going to qualify that
low-income range, and that's one of the directions we'll talk about in
front of the board. We'll say, based on the requirements of the
housing program, this would be the price range approximately, and
then we can do the final sort, and then the blips will show up on the
map everywhere within Collier County that meets that range.
COMMISSIONER FIALA: But at least you're going to count all
the houses rather than just --
CHAIRMAN COYLE: That's right.
COMMISSIONER FIALA: Yeah.
MR. CASALANGUIDA: Correct.
CHAIRMAN COYLE: In the past our Housing Department has
been reluctant to do that because if you do that, it might substantially
reduce the budget for building more.
MR. CASALANGUIDA: Well, in fairness to the Housing
Department, they're responding to what's required for the state in
terms of reporting actual approved, contracted affordable housing.
The board is going above and beyond and looking at what's out there
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price market-wise.
Now, remember, you know, you've got to qualify a lot of these
things and say, they're out there. We don't how many of these are up
for sale at this point in time, but it is at this snapshot in time, this many
units at this price range are in Collier County, and it will give you a
better feel for where they are and what they are. Slightly subjective,
but it qualified in terms of a good sample at that point in time.
CHAIRMAN COYLE: I'm as anxious to get that as
Commissioner Fiala is. We've been asking for it for years, years and
years and years.
MR. CASALANGUIDA: You've only asked me for it this year.
Very good, sir.
COMMISSIONER FIALA: Thank you, Nick.
Thank you, Commissioner.
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: Are you finished?
COMMISSIONER FIALA: Well, I'm just going to say that I'm
sure going to miss Frank. He's been a great commissioner to work
with, and so has his wife. She's been an angel pie, and so -- well,
you're really going to be missed a lot, Frank.
COMMISSIONER HALAS: Thank you.
CHAIRMAN COYLE: All right, Frank. Can you live up to that
now?
COMMISSIONER FIALA: Oh, I mean, Commissioner Halas,
excuse me.
COMMISSIONER HALAS: I take no offense.
COMMISSIONER FIALA: Thank you.
COMMISSIONER HALAS: I look at everyone on this board as
a friend, so I'm not -- I don't get overly excited about being addressed
as commissioner. My real name is Frank, and that's what I go by
when I talk to people.
A couple of things I have. One is, as you know, we're in the
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process -- going to build a recycling center up in District 2.
And one of the things that comes to my mind before I leave this
board is that one individual in this county who was very instrumental
in bringing on single-stream recycling was John Y onkowsky. And
John came to a District 2 meeting a number of years ago, along with
Waste Management, and basically discussed what the plan was, and
he asked if we could use District 2 as the -- as the pilot program. And
I told him yes, and he picked out a neighborhood.
And so what they did, along with Waste Management, they put
the carts out there, they took away the tubs, if you remember.
Everybody had two tubs, one for paper, one for cans and everything
else.
Well, what happened was that John almost lost his life when he
went back to steal the, or take back the recycling containers with the
wheels on them.
And so what happened is is that it was such a success that the end
result was that we now have this throughout Collier County, and we
are now recycling close to 80 percent residential.
And I would like to get some type of approval that we -- you
guys could move forward with a resolution to call this the John
Y onkosky Recycling Center.
COMMISSIONER FIALA: Oh, that's so nice.
CHAIRMAN COYLE: I was afraid you were going to want it
named after me.
COMMISSIONER HALAS: So, I guess if we can get three nods
or four nods on it.
COMMISSIONER HENNING: What -- have you talked to their
family? I mean, I would be offended if you would do that to me.
COMMISSIONER HALAS: Well, you can be offended, but I
think that they realize --
COMMISSIONER HENNING: But have you talked to their
family about this?
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COMMISSIONER HALAS: I talked about other people, and I
think that it was -- already been suggested by their family. So there's
no -- there's no -- I don't think there's a problem with it.
COMMISSIONER HENNING: There is a process for naming
facilities. Why can't we adhere to that process? Is there a problem
with -- are we better than the public?
COMMISSIONER HALAS: We went through this before.
COMMISSIONER FIALA: When Larry walked into the door --
Larry Ray walked into the door and said he wanted to name it? I
mean, that -- you know, we all agreed. That -- I thought that was
great.
CHAIRMAN COYLE: Yep.
COMMISSIONER HENNING: Well, why don't we have the
same process for the public then? The public just walk in the door and
say, hey, I got a buddy of mine that I want to name this facility after.
Why don't -- why don't we do that, you know?
CHAIRMAN COYLE: We can do that.
COMMISSIONER HENNING: Okay. Well, let's bring that
policy back and let's just do away with it.
CHAIRMAN COYLE: They can bring it up under public
comment --
COMMISSIONER HENNING: Sure, sure.
CHAIRMAN COYLE: -- anytime they want to.
COMMISSIONER HENNING: Okay. Can we bring that policy
back and delete it?
COMMISSIONER HALAS: I'd like to get this taken care of
before I leave the podium. I think that all of us realize the hard work
that John Yonkosky put into this county. So I don't think there's
anything above and beyond what we have done in the past in regards
to --
COMMISSIONER FIALA: He was a super guy.
CHAIRMAN COYLE: He was.
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November 9,2010
COMMISSIONER FIALA: Yeah.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: Yeah.
CHAIRMAN COYLE: We've got three nods?
COMMISSIONER COLETTA: Four.
CHAIRMAN COYLE: Four nods, okay.
COMMISSIONER HALAS: Thank you very much.
CHAIRMAN COYLE: Okay. And I don't have anything.
COMMISSIONER HALAS: I have one other thing.
CHAIRMAN COYLE: Oh.
COMMISSIONER HALAS: But I'll wait -- no, no. I'll wait till
we're all done, and then I'd like to read something into the record.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
Two things. One, I just can't express my appreciation enough to
our county staff and to Congressman Mario Diaz- Balart and also Matt
Hudson, Representative Matt Hudson, for showing up on the 4th, last
Thursday, for the Everglades interchange meeting we had. It was a
resounding success. We had over 250-some people. It was absolutely
wonderful how the whole thing came down one step along the way.
Many of the agencies we invited didn't show up. The
Environmental Protection Agency showed up, made a wonderful
presentation, received a very, very good applause for the fact they
were there and the fact that their presentation, you know, beared some
merit.
I think everybody's in agreement that we realize that there's all
sorts of environmental considerations that have to be made. The
whole thing is to be able to move this thing forward expeditiously to
the point where everybody understands what those things are so we
can get to the point that -- our number one federal priority to be able to
take place.
I'm putting together a working group that I hope will be able to
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assist me in this process as we go forward. I requested meetings with
the board of directors for the Wildlife Federation, the Friends of the --
what is it, the Friends of Wildlife, and --
COMMISSIONER FIALA: Friends of Fakahatchee maybe?
COMMISSIONER COLETTA: No, no, no. They weren't there,
and they weren't represented. But also -- I'm trying to think who the
other one was.
But in any case, I got three of them I made the request -- oh, the
Conservancy. I made that request. I'm hoping that we get that
opportunity to be able to go before their board and be able to talk to
them about it.
I want to try to make every environmental group in this area a
part of this like we have in the past and to try to work everybody into
the process. And I'm very pleased at this point in time how it's going,
and I'm going to send personal notes out to everyone thanking them
for their participation.
The other thing I wanted to bring up was a fellow named
Commissioner Halas who's soon to leave this room and probably to
appear many times before us from the audience, I'm sure, to straighten
us out when we go astray. And possibly what I'd like to do is look
into the possibility, when it comes time to hanging his picture up on
the wall outside, that we might be able to have a brief little ceremony
where we -- and I think we better be there to make sure they don't
hang it upside down or facing the wall.
But thank you so much for being a part of this for eight years and
giving so much of yourself. I've never met anyone that was as
dedicated as much to the job as you have been for the past eight years.
You spent a tremendous amount of time in the office working
with staff on many issues that have been very big, and some of them
small. You have volunteered your services to the Regional Planning
Council for just about forever, and I kind of hope that somebody here
will pick up Frank's position on the Regional Planning Council sooner
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than later. It's a very, very exciting organization to be able to belong
to. And of course, not to mention the Florida Association of Counties
where you made the meetings, I think, from the year one right on
through, and you've been the director for the last how many years?
COMMISSIONER HALAS: Four years.
COMMISSIONER COLETTA: Four years, which is pretty
remarkable. Thank you very much for your service, sir. I hope that in
the future I'll be able to call you up and have you mentor me as I move
forward through this maze.
COMMISSIONER HALAS: Well, thank you.
CHAIRMAN COYLE: Just remember to keep calling him sir.
COMMISSIONER COLETTA: Well, I have to. He's a
taxpayer.
CHAIRMAN COYLE: Yes, I know.
Commissioner Henning?
COMMISSIONER HENNING: This process to figure out a
supermajority versus simple majority, some -- through a judge or
mediator or whatever you want to call it, is the public going to be able
to participate in that, or is it going to be -- is it going to be open to the
sunshine? Do you have a problem with that?
MR. KLATZKOW: I'll take board direction on that.
COMMISSIONER FIALA: It depends. If they get a -- I mean,
you know, off the cuff -- and I would have no idea. But if they find a
judge that's in Tallahassee, a Supreme Court -- Florida Supreme Court
judge who's in Tallahassee, then it would be a little -- and I don't know
that they will. You know, maybe the judge they'll find in Collier, or
maybe they'll find it in Charlotte County. I don't know where they're
going to find this judge that has land use experience, but -- you know,
I don't know if the public can go there, but, you know -- I don't even --
I don't know what the parameters are, so I would hate to comment on
it one way or another. I think we should know where it's going to be
first.
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CHAIRMAN COYLE: If I could have ask a question, maybe we
might get a clearer answer. To what extent will this vary from a
certiorari hearing?
MR. KLATZKOW: It's more akin to a -- this is more akin to a
private arbitration. We have these all the time on the eminent
domains. They're not really public. I could make this public if that's
the will of the board and the public could participate, but it's --
CHAIRMAN COYLE: Well, I guess what I'm -- what I'm trying
to determine is, is the judge going to base this decision on an
examination of the legal record, the ordinances or resolutions, the
statutes that exist and try to make some interpretation after listening to
arguments from you and Mr. Passidomo, or is he likely to take
testimony from individuals?
MR. KLATZKOW: I would guess that one of the issues is going
to be what the intent was, and there may very well be testimony. I
don't know. This is a process, sir, I've never participated in before.
CHAIRMAN COYLE: Okay. I haven't either. I don't want to
participate in this one either, but nevertheless.
Why don't we -- when we get to the point of selecting somebody,
can you inquire as to the manner in which this could be conducted to
achieve the most impartial decision and then inform the board about
that, and then we could make some decisions?
MR. KLATZKOW: I could do that, sir. My only question is
time. You don't meet again until --
CHAIRMAN COYLE: The 14th, yeah.
MR. KLATZKOW: -- the 14th.
COMMISSIONER FIALA: And they expect to have an answer
by then, don't they?
MR. KLATZKOW: Well, they're hopeful.
COMMISSIONER HENNING: Yeah. They want to get this
settled before Jackson Lab gets voted on.
MR. KLATZKOW: They're hoping for that. If you direct me to
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make this public --
COMMISSIONER HENNING: That's what it's all about.
MR. KLATZKOW: -- I'll make sure that it's open to the public.
CHAIRMAN COYLE: Well, if you make it public so that the
public can at least see what's going on would be -- would be an
improvement. Doesn't necessarily mean the public gets to participate
in the process --
MR. KLATZKOW: That's right.
CHAIRMAN COYLE: -- by providing testimony. But there
should be no reason that they couldn't conduct the hearing and listen
to the testimony from the principals involved and doing that in the
public. I don't see why that wouldn't work.
MR. KLATZKOW: Okay. We'll put out a notice and we'll
conduct it in the sunshine.
CHAIRMAN COYLE: Yeah.
COMMISSIONER FIALA: Say, for instance, they do it up in
Tallahassee, for instance -- and I'm just choosing that because the
Florida Supreme Court, would they then televise it like to our local
television something or anothers or --
MR. KLATZKOW: We're going to have it held here, ma'am.
CHAIRMAN COYLE: Yeah, you have to do that. It would just
be his travel expenses.
MR. KLATZKOW: We'd have it held here. It's a lot cheaper for
us to fly one person down here than everybody to fly up there.
COMMISSIONER COLETTA: Well, that or we could also
request that they go to a facility that they have the ability to be able to
do video streaming so everybody could receive it on their computers.
And another thing we could do is that we could have our staff go there
from public relations and video it.
Commissioner Coyle's saying no. They can use his travel budget
to do it.
MR. KLATZKOW: I mean, my thought was, I've got a very
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November 9,2010
large conference room up there upstairs. It holds quite a few people,
and I can do it upstairs, and the public will be welcome.
COMMISSIONER COLETTA: Why not right here?
MR. KLATZKOW: You could do it here if you want, sir. This
.
IS --
COMMISSIONER COLETTA: Then you could put it over the
govemrnentchannel.
CHAIRMAN COYLE: It depends upon the availability of this
room.
COMMISSIONER COLETTA: And whether the judge is
willing to come here.
CHAIRMAN COYLE: That's right. But I think a judge, if
you're going to pay the judge's travel expense, then he ought to come
here, right?
COMMISSIONER FIALA: Well, I have a question also, as long
as we're talking about this. Would the judge then -- say, for instance,
you select a judge tomorrow, do you then send up all of our
information and then it's his obligation to read all of this stuff or then
-- or does he meet with you and with them and you talk about it and
then bring backup work; how does that work?
MR. KLATZKOW: We're going to have to set up a procedure
and parameters on this.
COMMISSIONER FIALA: Okay.
MR. KLATZKOW: I guess my question is, do we want this
televised if possible, or just open to the public?
CHAIRMAN COYLE: I think it should be open to the public. If
people want to come in and sit down and watch it from the audience,
they can. And we'll televise it while it's in progress, and broadcast it
on our television, just like we do with the Planning Commission and --
MR. KLATZKOW: Okay.
CHAIRMAN COYLE: -- Board of County Commissioners
meetings and everything else.
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November 9,2010
MR. KLATZKOW: Okay.
CHAIRMAN COYLE: Right? Does that make everybody
happy?
COMMISSIONER HALAS: Yep.
COMMISSIONER HENNING: Yeah, I'm not quite done. So
you're going to allow the public to view but not allow the landowners
to participate?
MR. KLATZKOW: You know, the judge is -- whoever we
retain, the judge is going to have to make these decisions. And as far
as --
COMMISSIONER HENNING: Because you got -- I mean, you
got -- you got 400,000 landowners in Collier County.
MR. KLATZKOW: The judge ultimately is going to have to
make the determination what he deems relevant testimony and what
he doesn't deem relevant testimony. Again, sir, I haven't been down
this rodeo before.
COMMISSIONER FIALA: I think we're asking questions kind
of prematurely before we even know what this judge requires or --
COMMISSIONER HENNING: Well, that's the whole
declaratory and non-declaratory. I was trying to get that -- that
answered, but nobody wanted to answer that on whether they wanted a
public process or a private process. Now, the attorney for the
landowners wanted a private process, obviously. So I was just
wondering what the board's wishes were.
MR. KLATZKOW: Well, my understanding, it will be a public
process, televised if possible.
COMMISSIONER FIALA: Why don't we find out what the
judge wants.
CHAIRMAN COYLE: Yeah. We will have to do that, but I
don't know why a judge would be opposed to --
MR. KLATZKOW: You don't see a lot of televised hearings
before judges, sir. They hate that.
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November 9,2010
CHAIRMAN COYLE: Really? Well, let's talk with the judge,
and then talk with each of the commissioners individually.
MR. KLATZKOW: Yes, sir.
CHAIRMAN COYLE: Okay. And keep all the commissioners
informed. And if there's an important issue, we'll call an emergency
meeting and see if we can't deal with it.
MR. KLATZKOW: Yes, sir.
CHAIRMAN COYLE: Okay. Okay. Anybody have anything
else?
COMMISSIONER HALAS: I have one other item I'd like to --
COMMISSIONER FIALA: But Fred hasn't -- I mean
Commissioner Coy Ie hasn't --
CHAIRMAN COYLE: Well, I was just going to make an
announcement that we're going to be roasting Commissioner Halas on
Friday of this week, aren't we?
COMMISSIONER HALAS: I don't know.
CHAIRMAN COYLE: I don't know either.
MR.OCHS: Yep.
MR. MITCHELL: Yes, sir, we are.
CHAIRMAN COYLE: Is that -- was that supposed to be a
surprise? No?
MR. MITCHELL: No. Roasting's the operative word.
CHAIRMAN COYLE: Oh, he wasn't told it was a roast?
COMMISSIONER HALAS: It's getting pretty close to
Thanksgiving.
CHAIRMAN COYLE: Oh, I see. Okay. Well, no. There will
be a party for --
MR. MITCHELL: No, because I've already arranged for
separate transport for Mrs. Halas should he be concerned about some
of the information she's supplied us with.
CHAIRMAN COYLE: I see, I see. Okay. What time is it?
COMMISSIONER HALAS: Two.
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November 9,2010
MR. MITCHELL: Two.
CHAIRMAN COYLE: Two o'clock in the morning.
MR. MITCHELL: Two o'clock in the morning, yeah.
CHAIRMAN COYLE: Two p.m. on Friday at the museum here
on campus.
COMMISSIONER COLETTA: Everybody bring a dish to pass,
right?
CHAIRMAN COYLE: Yep, that's right. So we'll look forward
to seeing everyone there.
MR. OCHS: And we'll look forward to seeing the commission
tomorrow morning.
COMMISSIONER FIALA: Nine a.m. AUIR, right?
MR. MITCHELL: Nine a.m.
MR.OCHS: Nine a.m., just a reminder.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: Motion to adjourn.
CHAIRMAN COYLE: Now, Frank, go ahead. Commissioner
Halas.
COMMISSIONER HALAS: It's been a real pleasure to work
with the commission here, and obviously, most of the commission
days are similar to what we had today.
And I'd like to read about The Man in the Arena, and I know it's
very apropos of what us as elected officials go through. And this is
for commissioners that are still going to be here.
And it's called The Man in the Arena. It is not the critic who
counts nor the man who points out the strong man stumble or where
the door -- or the doer of deeds have done -- could have done better.
The credit belongs to the man who is actually in the arena, whose face
is marred by dust, sweat, and blood, who strives valiantly, who errs
and comes short again and again, who knows the great enthusiasm, the
great devotions, and spending himself in a worthy cause, who, at the
best, knows in the end, the triumph of high achievement and who, at
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November 9,2010
the worst, at least fails while daring greatly so that his place shall
never be with the cold, timid souls who know neither victory or
defeat.
And that was written by President Theodore Roosevelt, April 23,
1910.
CHAIRMAN COYLE: Good. I wish we could have read that
earlier when some of the people in the audience who need to learn
from that would have been present. But nevertheless.
COMMISSIONER HENNING: Motion to adjourn.
CHAIRMAN COYLE: They have left. Yes, we are adjourned.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Thank you very much everybody.
****Commissioner Halas moved, seconded by Commissioner Fiala
and carried unanimously that the following items under the Consent
and Summary Agendas be approved and! or adopted * * * *
Item #16Al
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR HERITAGE BAY MAINTENANCE FACILITY, 10255
HERITAGE BAY BOULEVARD AND TO AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE ANY
UTILITIES PERFORMANCE SECURITY TO THE PROJECT
ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT-
RELEASING ANY UPS TO THE PROJECT ENGINEER
Item #16A2
WAIVE FINES IN EXCESS OF $3.7 MILLION, AND RELEASE
TWO CODE ENFORCEMENT LIENS, CONSISTENT WITH THE
BOARD'S DIRECTION DURING THE MAY 11,2010 MEETING
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November 9,2010
RELATING TO THE BAYSHORE CLUB (ALSO KNOWN AS
ARBORETUM VILLAGE) - LOCATED AT 4580 BAYSHORE
DRIVE
Item #16A3
BUDGET AMENDMENT RECOGNIZING ACTUAL CARRY
FORWARD IN EXCESS OF BUDGET IN THE AMOUNT OF
$140,947 WITHIN TRANSPORTATION FUND (101) AND
MOVING THESE DOLLARS TO THE NEWLY CREATED
RIGHT-OF-WAY PERMITTING FUND (102) IN ORDER TO
ESTABLISH SUFFICIENT BEGINNING BUDGET AND CASH
FOR OPERATIONS - TO APPROPRIATE THE RIGHT-OF-WAY
PERMITTING FUND
Item #16A4 - Moved to Item #10C (Per Agenda Change Sheet)
Item # 16A5
CHANGE ORDER NO.1 IN THE AMOUNT OF $90,300.00 FOR
CONTRACT NO. RFQ-08-5011-17 FOREST LAKES BOND
PROJECT F-56 SOUTH WOODSHIRE BLVD. DRAINAGE
SW ALE PIPING AND RESTORATION - ADDRESSING THE
ADDITION OF FILL MATERIAL, DELETION OF
MISCELLANEOUS CONCRETE, EXOTIC VEGETATION
REMOVAL, REMOVAL AND RELOCATION OF CHAIN-LINK
FENCE AND GRADING
Item # 16A6
RESOLUTION 2010-220: ROADWAY (PUBLIC) AND
DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF
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November 9,2010
LEL Y RESORT PHASE TWO LEL Y CUL TURAL PARKWAY
FOUR LANE EXPANSION, WITH THE ROADWAY AND
DRAINAGE IMPROVEMENTS BEING MAINTAINED BY
COLLIER COUNTY
Item #16A7
DONATION OF A DRAINAGE EASEMENT BETWEEN 40TH
STREET NE AND THE F AKA UNION CANAL IN UNIT 43 OF
GOLDEN GATE ESTATES (FISCAL IMPACT: RECORDING
FEES NOT TO EXCEED $40) - FOLIO #38912640009 LOCATED
FROM 64TH AVENUE NE NORTH TO 72ND AVENUE NE
Item # 16A8
AWARD BID #10-5503, INSTALLATION AND MAINTENANCE
OF TRAFFIC SIGNALS AND ROADWAY LIGHTING, TO
SOUTHERN SIGNAL & LIGHTING, INC. AS THE PRIMARY
CONTRACTOR AND E.B. SIMMONDS, INC. AS THE
SECONDARY CONTRACTOR, FOR ESTIMATED ANNUAL
EXPENDITURES OF $950,000 - PROVIDING SERVICES AND
MATERIALS NECESSARY FOR INSTALLATION,
MAINTENANCE. AND REPAIR FOR COLLIER COUNTY
Item #16A9
RESOLUTION 2010-221: SPEED LIMIT STUDY REPORT AND
ADOPTING A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AUTHORIZING A SPEED LIMIT DECREASE FROM FORTY-
FIVE MILES PER HOUR (45 MPH) TO THIRTY-FIVE MILES
PER HOUR (35 MPH) ON LAKE TRAFFORD ROAD FROM SR
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November 9,2010
29 (N 15TH ST) TO CARSON ROAD, AT A COST OF
APPROXIMATELY $600
Item #16AI0
WORK ORDER FOR A CONSTRUCTION PROJECT TO
BONNESS, INC. FOR THE PROGRESS AVENUE/LIVINGSTON
ROAD INTERSECTION IMPROVEMENTS, IN THE AMOUNT
OF $210,663.74, CONTRACT NO. 09-5197, PROJECT NO. 60188
- FOR CONSTRUCTION SERVICES FOR THE PROGRESS
AVENUE/LIVINGSTON ROAD INTERSECTION OF CONCRETE
CURB, GUTTER AND SIDEWALKS, INCIDENTAL DRAINAGE
IMPROVEMENTS, RELOCATION OF EXISTING MAST ARM
SIGNAL & TRAFFIC CONTROLLER, MILLING &
RESURFACING, INCLUDING THE SIGNAGE & PAVEMENT
MARKINGS
Item #16All
AWARD CONTRACT FOR ITB NO. 10-5573, TRAFFIC SIGN
MATERIALS AND RELATED ITEMS, TO MULTIPLE FIRMS,
IN THE ESTIMATED ANNUAL AMOUNT OF $75,000 - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16Bl
COMMERCIAL BUILDING IMPROVEMENT GRANT
AGREEMENT BETWEEN THE CRA AND A GRANT
APPLICANT WITHIN THE BA YSHORE GATEWAY TRIANGLE
AREA (3570 BA YSHORE DRIVE, $1,498) - FOR BOTH
EXTERIOR AND INTERIOR IMPROVEMENTS
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November 9,2010
Item #16B2
COMMERCIAL BUILDING IMPROVEMENT GRANT
AGREEMENT BETWEEN THE CRA AND A GRANT
APPLICANT WITHIN THE BA YSHORE GATEWAY TRIANGLE
AREA (2479 KIRKWOOD AVENUE, $15,715) - FOR BOTH
EXTERIOR AND INTERIOR IMPROVEMENTS
Item #16B3
EXPENDITURE OF BA YSHORE BEAUTIFICATION MSTU
FUNDS FOR EMERGENT SERVICES PER BID NO. 10-5387 FOR
BAYSHORE BEAUTIFICATION MSTU ROADWAY GROUNDS
MAINTENANCE (FUND 163, FISCAL IMPACT: ESTIMATED
ANNUAL EXPENDITURE $25,000) - FOR CONTRACTUAL
ROADWAY SERVICES, LANDSCAPE AND IRRIGATION
MAINTENANCE SERVICES
Item #16B4
IMMOKALEE CRA COMMERCIAL FACADE IMPROVEMENT
GRANT PROGRAM FOR REIMBURSEMENT OF $19,954 FOR
FACADE IMPROVEMENTS TO FLORIDA SPECIALTIES, LLC
LOCATED AT 601 EAST MAIN STREET IN IMMOKALEE,
FLORIDA WHICH IS OWNED BY 328 PARTNERS I, LLC DBA
FLORIDA SPECIALTIES. LLC
Item #16Cl
AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF A
PRE-DISASTER MITIGATION GRANT APPLICATION TO THE
STATE OF FLORIDA, DIVISION OF EMERGENCY
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November 9,2010
MANAGEMENT, TO INSTALL HURRICANE SHUTTERS AND
SUPPORTING EQUIPMENT ON THE NORTH COUNTY
REGIONAL WATER TREATMENT PLANT FOR THE TOTAL
COST OF $30,634.21. THE FEDERAL GRANT WOULD BE FOR
$22,975.66 WITH A LOCAL SHARE OF $7,658.55. THE LOCAL
SHARE WOULD BE FUNDED FROM FUND 412 WITH THE
NCRWTP TECHNICAL SUPPORT PROJECT (PROJECT #71066)
- INSTALLING ELEVEN MOTORIZED SHUTTERS ON FIVE
LOUVERED OPENINGS AND SIX VENTILATION FAN
OPENINGS~ REPLACING THE ALUMINUM PANELS
Item #16C2
AWARD BID NO. 10-5516, IN THE AMOUNT OF $199,800, TO
INTERNATIONAL BALER CORPORATION TO FURNISH AND
INSTALL A HORIZONTAL BALER AT THE NAPLES
RECYCLING CENTER, PROJECT NUMBER 59003 - THE NEW
BALER WILL HAVE IMPROVED SAFETY FEATURES
Item #16D1
RELEASE, WAIVER OF LIABILITY, AND INDEMNITY
AGREEMENT FOR THE DONATION OF SKATE PARK RAMPS
FROM THE GREATER MARCO FAMILY YMCA, INC. AND
AUTHORIZE A BUDGET AMENDMENT IN THE AMOUNT OF
$40,000 TO BE USED FOR IMPROVEMENTS AT IMMOKALEE
COMMUNITY PARK FOR SITE WORK AND TO PREPARE A
CONCRETE SLAB FOR PLACEMENT OF THE RAMPS - THE
RAMPS WILL BE DISTRIBUTED BETWEEN THE EAST
NAPLES COMMUNITY PARK AND THE IMMOKALEE
COMMUNITY PARK BECAUSE THE P ARKS HAVE SUIT ABLE
LOCATIONS
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November 9,2010
Item #16D2
AGREEMENT BETWEEN THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AND THE AREA AGENCY ON
AGING OF SOUTHWEST FLORIDA, SIGN THE ATTACHED
ATTESTATION STATEMENT AND VERIFICATION OF
EMERGENCY PREPAREDNESS STATEMENT, A BUDGET
AMENDMENT RECOGNIZING THE GRANT REVENUE IN THE
AMOUNT OF $41,470 FOR THE NUTRITION SERVICES
INCENTIVE PROGRAM (NSIP) - FOR THE SENIOR MEAL
PROGRAM LOCATED AT EAST NAPLES COMMUNITY
CENTER, GOLDEN GATE COMMUNITY CENTER,
GOODLETTE ARMS SENIOR RESIDENCE, THE ROBERTS
CENTER IN IMMOKALEE AND INCLUDES THE HOME
DELIVERED MEALS FOR THE FRAIL ELDERLY
Item #16D3
REVISED AGREEMENT WITH THE AGENCY FOR HEALTH
CARE ADMINISTRATION IN THE AMOUNT OF $2,270,911
FOR PARTICIPATE IN THE MEDICAID LOW INCOME POOL
PROGRAM FOR SERVICES PROVIDED ON BEHALF OF THE
HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT IN ORDER TO GENERATE AN ADDITIONAL
$340~637 IN FEDERAL MATCHING FUNDS
Item #16D4
A COASTAL PARTNERSHIP INITIATIVE (CPI) GRANT
APPLICATION TO THE DEPARTMENT OF ENVIRONMENTAL
PROTECTION FOR A DUNE RESTORATION PROJECT IN THE
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November 9,2010
CLAM BAY PARK AREA -FOR THE REMOVAL OF EXOTIC
PLANTS FROM THE DUNE LINE LANDWARD THROUGHOUT
THE PARK
Item #16D5
REJECT FOUR (4) BIDS RECEIVED FOR INVITATION TO BID
#10-5554 NSP LAWN CARE PROGRAM AND APPROVE
AWARD FOR INVITATION TO BID #10-5554-R (REBID) NSP
LAWN CARE PROGRAM TO OLIVA ENTERPRISES AND
SOUTHWEST FLORIDA LANDSCAPE FOR ACTIVITIES TO BE
FUNDED UNDER THE NEIGHBORHOOD STABILIZATION
PROGRAM (APPROXIMATE ANNUAL SPENDING: $100,000)-
TO PROVIDE MOWING AND MISCELLANEOUS LAWN CARE
TO APPROXIMATELY FIFTY PROPERTIES THAT WERE
PURCHASED THROUGH NSP
Item #16D6
TWO (2) SUBRECIPIENT AGREEMENTS FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND
HOME INVESTMENT PARTNERSHIP PROGRAM (HOME)
PROJECTS PREVIOUSLY APPROVED FOR DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) FUNDING IN
THE 2010-2011 ACTION PLAN
Item #16D7
ACCEPT THE RETIRED AND SENIOR VOLUNTEER
PROGRAM (RSVP) GRANT AWARD AND APPROVE A
BUDGET AMENDMENT TO RECOGNIZE THE GRANT
REVENUE IN THE AMOUNT OF $68,152 - REDUCING
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November 9,2010
SALARY COSTS FOR THE COUNTY
Item #16D8
FIVE (5) LIEN AGREEMENTS FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMP ACT 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 $74,266.30 - FOR
THE FOLLOWING LOTS: LOT 70, LIBERTY LANDING; LOT 6,
REGAL ACRES; LOT 71, LIBERTY LANDING; LOT 7, REGAL
ACRES AND LOT 10~ REGAL ACRES
Item #16D9
AWARD BID #10-5558, COMMERCIAL POOL CARE
PROGRAM TO COMMERCIAL ENERGY SPECIALISTS, INC.,
IN AN AMOUNT NOT TO EXCEED $75,000, TO PROVIDE
PREVENTATIVE MAINTENANCE SERVICES AT COUNTY-
OWNED AND OPERATED POOLS - AT THE GOLDEN GATE
COMMUNITY PARK AQUATICS FACILITY, IMMOKALEE
SPORTS COMPLEX AND THE SUN-N-FUN LAGOON WATER
PARK
Item #16D10
FOUR (4) RELEASES OF LIENS FOR DEFERRAL OF 100
PERCENT OF COLLIER COUNTY IMPACT FEES FOR OWNER
OCCUPIED AFFORDABLE HOUSING DWELLING UNITS -
FOR THE FOLLOWING LOCATIONS: 9051 GERVAIS CIRCLE,
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November 9,2010
9059 GERVAIS CIRCLE, 9055 GERVAIS CIRCLE AND BLOCK
19~ LOT 5~ NEW MARKET SUBDIVISION
Item #16D11
REJECT THE SOLICITATION (ITB) #10-5568 FOR FITNESS
EQUIPMENT REPAIR AND PURCHASE AND THE
ASSOCIATED PROPOSALS THAT WERE SUBMITTED AND
AUTHORIZE THE PURCHASING DEPARTMENT TO RE-
SOLICIT FOR THE SERVICES. THE FY 2011 FISCAL IMPACT
ASSOCIATED WITH THIS SOLICITATION IS $17,500 - FOR
FITNESS EQUIPMENT AT VARIOUS SITES
Item #16D12
CONTRACT WITH ALEX'S POOL HEATING & AIR
CONDITIONING, LLC FOR $64,300, TO INSTALL NEW POOL
HEATERS ASSOCIATED WITH IMMOKALEE SPORTS
COMPLEX AND NECESSARY BUDGET AMENDMENTS
APPROPRIATING FUNDS FOR THIS PURPOSE - REPLACING
THE EXISTING HEATERS THAT WERE INSTALLED FIFTEEN
YEARS AGO
Item #16D13
MODIFICATION TO DISASTER RECOVERY INITIATIVE
AGREEMENT #07DB-3V-09-21-01-Z01 BETWEEN THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
COLLIER COUNTY. THIS MODIFICATION WILL EXTEND
THE GRANT PERIOD AND UPDATE ASSOCIATED PROJECT
WORK PLANS - AS DETAILED IN THE EXECUTIVE
SUMMARY
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November 9,2010
Item #16E1 - Moved to Item #10D (During Agenda Changes per
Commissioner Henning)
Item # 16E2
SELECTING NAPLES DAILY NEWS AS THE NEWS MEDIA
SOURCE TO ADVERTISE DELINQUENT REAL ESTATE OR
PROPERTY TAXES (ESTIMATED ANNUAL ADVERTISING
COST: $90~000)
Item #16E3
RATIFY PROPERTY, CASUALTY, WORKERS
COMPENSATION AND SUBROGATION CLAIMS SETTLED
AND/OR CLOSED BY THE RISK MANAGEMENT DIRECTOR
PURSUANT TO RESOLUTION #2004-15 FOR THE FOURTH
QUARTER OF FY 10
Item #16E4
AGREEMENT PROVIDING THE COLLIER COUNTY PARKS
AND RECREATION DEPARTMENT FUNDING FOR THE
EXPANSION OF THE COMMUNITY CENTER LOCATED AT
MAX HASSE COMMUNITY PARK WHICH IS LOCATED AT
3390 GOLDEN GATE BOULEVARD WEST IN GOLDEN GATE
ESTATES. THE AMOUNT TO BE PROVIDED IS TO BE 60% OF
THE TOTAL COST OF THE PROJECT, NOT TO EXCEED
$300,000 - THE EXPANSION WOULD ALLOW FOR
ADDITIONAL AFTER SCHOOL PROGRAMMING AT THE
FACILITY
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November 9,2010
Item #16E5
TERMINATING THE CONTRACT WITH EZ LOCK SHUTTERS
& GLASS INC. AND AWARD BID #10-5457 FOR THE
PURCHASE AND INSTALLATION OF ROLL DOWN
SHUTTERS FOR COLLIER AREA TRANSIT (CAT) TRANSFER
STATION AND OTHER COUNTY FACILITIES TO STORM
SMART BUILDING SYSTEMS, INC., IN THE AMOUNT OF
$198,311 - TO INSTALL WIND PROTECTION AT THE
FOLLOWING THREE COUNTY FACILITIES: COLLIER AREA
TRANSIT TRANSFER STATION, GOLDEN GATE
COMMUNITY CENTER AND THE IMMOKALEE SPORTS
COMPLEX
Item # 16E6
BUDGET AMENDMENTS FOR THE EMERGENCY
REPLACEMENT OF THE SIMPLEX FIRE ALARM SYSTEM AT
THE NAPLES REGIONAL LIBRARY, IN THE AMOUNT OF
$37,598 - FOR THE MAINTENANCE, REPAIR AND
REPLACEMENT OF THE FIRE MONITORING SYSTEM DUE
TO THE ONE CURRENTL Y INSTALLED AND THE SPARE
PARTS NEEDED FOR REPAIR ARE NONEXISTENT
Item #16E7 - Moved to Item #10E (During Agenda Changes per
Commissioner Henning)
Item #16F1
AMERICAN EUROCOPTER AS THE SOLE SOURCE
PROVIDER OF PARTS FOR THE COUNTY'S AIR
AMBULANCE HELICOPTER FOR A PERIOD OF FIVE (5)
Page 187
November 9,2010
YEARS ENDING SEPTEMBER 30,2015, AT AN ESTIMATED
COST OF $200~000 ANNUALLY
Item #16F2
CHANGE ORDER #2 TO INTERLOCAL AGREEMENT FOR
MANAGEMENT SERVICES WITH THE PELICAN BAY
FOUNDATION, INC., FOR THE DEVELOPMENT OF THE
COMMUNITY IMPROVEMENT PLAN, IN THE AMOUNT OF
$31,652.50 - FOR THE LANDSCAPING, IRRIGATION, STREET
LIGHT AND P A THW A Y IMPROVEMENTS DESIGN ANALYSIS
FOR THE FOLLOWING AREAS: CRAYTON ROAD, MYRA
JANCO DANIELS BLVD, SOUTH RIDGEWOOD DR. EXT.,
AND THE SOUTHERN RIGHT-OF-WAY EDGE OF
VANDERBILT DRIVE
Item #16F3
RESOLUTION 2010-222: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2010-11 ADOPTED
BUDGET
Item #16H1
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED NAPLES ITALIAN AMERICAN
CLUB FOUNDATION COLUMBUS CELEBRATION DINNER
TO READ PROCLAMATION ON OCTOBER 13,2010 IN
NAPLES, FL. $20 TO BE PAID FROM COMMISSIONER
FIALA'S TRAVEL BUDGET - LOCATED AT 7035 AIRPORT
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November 9,2010
PULLING ROAD NORTH~ NAPLES
Item #16H2
COMMISSIONER HALAS'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. HE WILL ATTEND THE AMERICAN RED CROSS
RED, WHITE & BREW ON NOVEMBER 10,2010; BENEFITING
"STOCKINGS FOR THE TROOPS" IN NAPLES, FL. $50 TO BE
PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET -
LOCATED AT 2610 NORTHBROOKE PLAZA DRIVE~ NAPLES
Item #16H3
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE UNITED ARTS COUNCIL OF
COLLIER COUNTY MASQUERADE MAGIC EVENT AT THE
NAPLES HILTON IN NAPLES, FL ON OCTOBER 30,2010. $75
TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL
BUDGET - LOCATED AT 5111 TAM lAM I TRAIL NORTH,
NAPLES
Item #16H4
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE WILL ATTEND THE ECONOMIC
DEVELOPMENT COUNCIL OF COLLIER COUNTY PRE-
LEGISLATIVE LUNCHEON ON NOVEMBER 23,2010 IN
NAPLES, FL. $21 TO BE PAID FROM COMMISSIONER
FIALA'S TRAVEL BUDGET - LOCATED AT 5840 STRAND
Page 189
November 9,2010
BL VD.~ NAPLES
Item #16H5
COMMISSIONER COLETTA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. COMMISSIONER COLETTA ATTENDED THE
IMMOKALEE ANNUAL CHAMBER AUCTION AND STEAK
DINNER EVENT ON OCTOBER 23,2010; HELD AT THE
EAGLES CLUB, 405 WEST NEW MARKET ROAD,
IMMOKALEE, FL. $100 TO BE PAID FROM COMMISSIONER
COLETTA'S TRAVEL BUDGET
Item #161
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
ACTION AS DIRECTED
The following miscellaneous correspondence, as presented by the
Board of County Commissioners, has been directed to the various
departments as indicated:
Page 190
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
November 9,2010
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Districts:
1)
2)
B. Minutes:
1)
2)
3)
4)
Ave Maria Stewardship Community District:
FY 10-11 Meeting Schedule.
Quarry Community Development District:
FY 10-11 Meeting Schedule.
Airport Authority:
Minutes of September 13, 2010.
Collier County Coastal Advisory Committee:
Minutes of September 9,2010.
Collier County Planning Commission:
Minutes of September 2,2010.
Immokalee Beautification Advisory Committee:
Agenda of September 22,2010.
Minutes of August 25, 2010.
5) Isles of Capri Fire Control District Advisory Committee:
Minutes of August 28,2010.
6) Land Acquisition Advisory Committee:
Minutes of September 13,2010.
C. Other:
1) Public Safety Coordinating Council:
Minutes of March 25,2010.
November 9,2010
Item #16J1
ENDORSE THE UNITED STATES DEPARTMENT OF JUSTICE
AND UNITED STATES DEPARTMENT OF TREASURY
COMBINED EQUITABLE SHARING AGREEMENT AND
CERTIFICATION THROUGH SEPTEMBER 2011
Item # 16J2
DISBURSEMENTS FOR THE PERIOD OF OCTOBER 16,2010
THROUGH OCTOBER 22, 2010 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item # 16J3
DISBURSEMENTS FOR THE PERIOD OF OCTOBER 23,2010
THROUGH OCTOBER 29, 2010 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J4
SHERIFF'S OFFICE REQUEST'S THE BOARD TO DIRECT THE
COUNTY ATTORNEY'S OFFICE TO WORK WITH THE
SHERIFF AND BRING BACK TO THE BOARD, AT A FUTURE
ADVERTISED PUBLIC MEETING, AN ORDINANCE THAT
RESTRICTS OR REGULATES PAIN MANAGEMENT CLINICS
Item #16K1
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$19,589.60 FOR PARCELS 104FEE1 AND 104TCE1 IN THE
LAWSUIT STYLED COLLIER COUNTY V. LAMARTINE PETIT
Page 191
November 9,2010
MONSIEUR., ET AL., CASE NO. 10-2681-CA (COLLIER BLVD.
PROJECT NO. 68056) (FISCAL IMPACT $7,618.35) - FOR THE
EXPANSION OF COLLIER BLVD. FROM GREEN BLVD TO
GOLDEN GATE BLVD.
Item #16K2 - Moved to Item #12A (Per Agenda Change Sheet)
Item #16K3
STIPULATED FINAL JUDGMENT AS TO PARCELS 158FEE
AND 158TCE IN THE LAWSUIT STYLED COLLIER COUNTY
V. TIMOTHY MALONEY, ET AL., CASE NO. 10-2690-CA
(COLLIER BOULEVARD PROJECT NO. 68056) (FISCAL
IMPACT: $84,116) - FOR ROADWAY DRAINAGE AND
UTILITY EASEMENT REQUIRED FOR THE EXPANSION OF
COLLIER BLVD. FROM GREEN BLVD. TO GOLDEN GATE
BLVD.
Item #16K4
MEDIATED SETTLEMENT AGREEMENT AND A
STIPULATED FINAL JUDGMENT TO BE DRAFTED
INCORPORATING THE SAME TERMS AND CONDITIONS AS
THE MEDIATED SETTLEMENT AGREEMENT IN THE
AMOUNT OF $715,500.00 FOR THE ACQUISITION OF
PARCELS 701R, 901R, 801N, 902AN, 902RA, 902RB, 703,
803RA,803RB,903, 704,904, 705,905,830,930, 831,931, 832R,
932R IN THE LAWSUIT STYLED COLLIER COUNTY,
FLORIDA V. VISION & FAITH, INC., ET AL, CASE NO. 05-
1275-CA (SCRWTP RO WELLFIELD EXPANSION PROJECT
#70892), AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENT (FISCAL IMPACT $557,000) - AS DETAILED IN
Page 192
November 9,2010
THE EXECUTIVE SUMMARY
Item #16K5
MEDIATED SETTLEMENT AGREEMENT AND A
STIPULATED FINAL JUDGMENT TO BE DRAFTED
INCORPORATING THE SAME TERMS AND CONDITIONS AS
THE MEDIATED SETTLEMENT AGREEMENT IN THE
AMOUNT OF $170,000 FOR THE ACQUISITION OF PARCELS
806, 906, 807 AND 907 IN THE LAWSUIT STYLED COLLIER
COUNTY, FLORIDA V. VISION & FAITH, INC., ET AL, CASE
NO. 05-1275-CA (SCRWTP RO WELLFIELD EXPANSION
PROJECT #70892), AND AUTHORIZE THE NECESSARY
BUDGET AMENDMENT (FISCAL IMPACT $150,290) - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16K6
GLOBAL SETTLEMENT AGREEMENT AND MUTUAL
RELEASE FOR THE CASES STYLED JOHN CARLO, INC. V.
COLLIER COUNTY, FLORIDA, CASE NO. 07-311-CA
(IMMOKALEE ROAD IMPROVEMENT PROJECT NO. 66042)
AND COLLIER COUNTY V. JOHN CARLO, INC., CASE NO. 09-
8724-CA (RATTLESNAKE HAMMOCK ROAD PROJECT NO.
60169)
Item #16K7
SETTLEMENT AGREEMENT WITH INSITUFORM
TECHNOLOGY INC. (ITI) PERTAINING TO CONTRACT
NUMBER 03-3455, TRENCHLESS SEWER SYSTEM
REHABILITATION CONTRACTING SERVICES, IN THE
Page 193
November 9,2010
AMOUNT OF $563,277 TO COMPLETE REPAIRS RELATED TO
ITI'S REHABILITATION OF SEWER LINES IN NORTH
NAPLES (AREA 1-3 AND AREA 1-4), AND AUTHORIZING THE
CHAIRMAN TO EXECUTE THE SETTLEMENT AGREEMENT
Item #17A - Moved to Item #8B (Per Agenda Change Sheet)
Item #17B
RESOLUTION 2010-223/DEVELOPMENT ORDER 2010-01:
PETITION DOA-PL2010-843: 850 NWN, LLC, CG II, LLC &
CITY GATE DEVELOPMENT INC., REPRESENTED BY JOSH
FRUTH OF DAVIDSON ENGINEERING INC., AN
AMENDMENT TO THE CITY GATE DRI DEVELOPMENT
ORDER TO CONFORM TO THE CITY GATE HABITAT
CONSERVATION PLAN AND THE CITY GATE FEDERAL FISH
AND WILDLIFE PERMIT. THE AMENDMENT IS TO THE CITY
GATE DRI DEVELOPMENT ORDER #90-4 [COLLIER COUNTY
RESOLUTION # 90-431], SECTION 4 ENTITLED VEGETATION
AND WILDLIFE/WETLANDS, IN PARTICULAR PARAGRAPH
C ENTITLED OFF-SITE MITIGATION AND PARAGRAPH D
ENTITLED RED COCKADED WOODPECKER MANAGEMENT
PLAN. THIS PROJECT IS LOCATED AT THE INTERSECTION
OF COLLIER BOULEVARD (CR 951) AND CITY GATE
BOULEVARD NORTH IN SECTION 35, TOWNSHIP 49 EAST,
RANGE 26 SOUTH, COLLIER COUNTY, FLORIDA
(COMPANION TO PUDA-PL2010-845)
Item #17C
ORDINANCE 2010-42: PETITION PUDA-PL2010-845; 850 NWN,
LLC, CG II, LLC & CITY GATE DEVELOPMENT LLC,
Page 194
November 9,2010
REPRESENTED BY JOSH FRUTH OF DAVIDSON
ENGINEERING INC., AN AMENDMENT TO THE PLANNED
UNIT DEVELOPMENT (PUD) FOR THE CITY GATE
COMMERCE PARK PUD. THIS AMENDMENT SEEKS TO
AMEND ORDINANCE NO. 88-93 TO REMOVE SECTION VII,
ENTITLED RED COCKADED WOODPECKER MANAGEMENT
PLAN, TO RECOGNIZE THAT SAID MANAGEMENT PLAN
HAS BEEN REVISED TO CONFORM TO THE CITY GATE
HABITAT CONSERVATION PLAN AND THE CITY GATE
FEDERAL FISH AND WILDLIFE PERMIT. THE PUD,
CONSISTING OF 287 ACRES, IS LOCATED AT THE
INTERSECTION OF COLLIER BOULEVARD (CR 951) AND
CITY GATE BOULEVARD NORTH IN SECTION 35,
TOWNSHIP 49 EAST, RANGE 26 SOUTH, COLLIER COUNTY,
FLORIDA (COMPANION TO DOA-PL2010-843)
Item #17D
RESOLUTION 2010-224: PETITION CU-2008-AR-14078, CEMEX
CONSTRUCTION MATERIALS FLORIDA, LLC,
REPRESENTED BY ROBERT 1. MULHERE, AICP OF RWA
CONSULTING, INC. AND WILL J. DEMPSEY, ESQUIRE OF
CHEFFY PASSIDOMO, PA., A CONDITIONAL USE WITHIN
THE RURAL AGRICULTURAL ZONING DISTRICT WITH A
MOBILE HOME OVERLAY AND A RURAL LAND
STEWARDSHIP AREA OVERLAY (A-MHO-RLSAO),
PURSUANT TO SECTION 2.03.01.A.1.C.1 AND SECTION
4.08.06.B.4.B. OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE, TO ALLOW EARTH MINING AND
RELATED PROCESSING AND PRODUCTION OF MATERIAL
FOR A PROJECT TO BE KNOWN AS THE IMMOKALEE SAND
MINE. THE 898-ACRE SUBJECT PROPERTY IS LOCATED ON
Page 195
November 9,2010
THE NORTH SIDE OF SR 82, APPROXIMATELY 1.2 MILES
WEST OF THE INTERSECTION WITH SR 29, IN SECTIONS 6
AND 7, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER
COUNTY~ FLORIDA
Item #17E
RESOLUTION 2010-225: BUDGET AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2010-11_
ADOPTED BUDGET
Page 196
November 9,2010
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3:43 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
'1uLW. ~
FRED COYLE, Cha an
A TTE~,;r.s'~~?)D.. .
DWI@H:t,~E~J3~OCK, CLERK
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Thej?~~tes app;~:~~~~~:oard on~OM ~ ~51 Zollas presented
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TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY TERRI LEWIS, NOTARY
PUBLIC/COURT REPORTER.
Page 197