BCC Minutes 10/25/2011 RBCC
REGULAR
MEETING
MINUTES
OCTOBER 25.2011
October 25, 2011
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, October 25, 2011
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
Georgia Hiller
Tom Henning
ALSO PRESENT:
Leo Ochs, County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Clerk's Finance Director
Ian Mitchell, BCC Executive Manager
Mike Sheffield, Operations Manager, CMO
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
October 25, 2011
9:00 AM
Fred W. Coyle - BCC Chairman; Commissioner, District 4
Jim Coletta - BCC Vice - Chairman; Commissioner, District 5; CRAB Chairman
Donna Fiala - BCC Commissioner, District 1; CRAB Vice - Chairman
Georgia Hiller - BCC Commissioner, District 2
Tom Henning - BCC Commissioner, District 3
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE
EXECUTIVE MANAGER TO THE BCC PRIOR TO 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 -249 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.
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October 25, 2011
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."
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 PROCEEDING 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, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112 -5356, (239) 252 -8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Tara McGraw - St. Paul's Episcopal Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
B. September 22, 2011 - BCC /Budget Hearing
3. SERVICE AWARDS
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October 25, 2011
A. EMPLOYEE
1) 20 Year Attendees
a) Anthony Duesterhoeft, Fleet Management
b) Michael Goguen, EMS
2) 25 Year Attendees
a) Dale Waller, Wastewater
4. PROCLAMATIONS
A. Proclamation designating October 25, 2011 as Narcotics Overdose
Prevention & Education (N.O.P.E.) National Candlelight Vigil Day. To be
accepted by Ann Frazier, Executive Director of Drug Free Collier and Jerry
Eddleman. Sponsored by Commissioner Henning.
B. Proclamation designating October 28, 2011 as the Twelfth Anniversary Day
of the Red Walk in Collier County. To be accepted by Dr. Susan Barcelino,
Libby Buck and Craig Greusel. Sponsored by Commissioner Fiala.
C. Proclamation congratulating IBERIA Bank of Marco Island for its continued
efforts to promote waste reduction, reuse, recycling and environmental
awareness. To be accepted by Keith Dameron, Vice President - Manager of
IBERIA Bank; Laura Burgo, Assistant Branch Manager of IBERIA Bank;
IBERIA Bank staff, and Rick Michaud, District Operations Manager of
Shred -It. Sponsored by Commissioner Fiala.
D. Proclamation recognizing Eden Autism Services for its 15 years of
providing services to children and adults with autism in Southwest Florida.
To be accepted by Susan Suarez, Director of Eden Autism Services.
Sponsored by Commissioner Coyle.
E. Proclamation recognizing October 29, 2011 as Florida Panther Festival Day.
To be accepted by Sandra Mickey, U.S. Fish and Wildlife Service.
Sponsored by Commissioner Coletta.
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October 25, 2011
F. Proclamation designating October 17 -21, 2011 as Accounts Payable Week.
To be accepted by Bonnie Baer, Assistant General Operations Manager,
Clerk of Courts Finance. Sponsored by Commissioner Henning.
5. PRESENTATIONS
6. PUBLIC PETITIONS
A. Public Petition request from Michael K. Corradi on behalf of Corradi
Airport Road Inc., requesting that the Board of County Commissioners
waive the Small Scale Amendment fee and direct staff to coordinate a Small
Scale Amendment related to the Orange Blossom/Airport Crossroads
Commercial Sub - District.
B. Public Petition request from Frank Dethlefsen regarding payment for the
relocation of the Property Appraiser's Office.
Item 7 and 8 to be heard no sooner than 1:00 pm unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item has been continued from the September 27, 2011 BCC
meeting to the October 11, 2011 BCC meeting, then to the October 25,
2011 BCC meeting. This item requires that ex parte disclosure be
provided by Commission members. All participants are required to be
sworn in. Recommendation to Approve Growth Management Plan
Amendment Petition CP- 2006 -11, David Torres, for Hacienda Lakes of
Naples, LLC (Adoption Hearing) (Companion to Petitions DRI- 2006 -AR-
10147 and PUDZ-2006-AR- 10 146).
B. This item has been continued from the September 27, 2011 BCC
meeting, then continued from the October 11, 2011 meeting, then to the
October 25, 2011 BCC meeting. This item requires that ex parte
disclosure be provided by Commission members. All participants are
required to be sworn in. DRI- 2006 -AR- 10147: Hacienda Lakes DRI -- A
Resolution of the Board of County Commissioners of Collier County,
Florida approving a Development Order for Hacienda Lakes, a Development
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of Regional Impact located in Sections 11 through 14 and 23 through 25,
Township 50 South, Range 26 East, and Sections 19 and 30, Township 50
South, Range 27 East, Collier County, Florida which will allow up to 1,760
residential dwelling units including conversions to recreational vehicle park
and senior housing for independent living, assisted living and nursing care,
327,500 square feet of retail use, 70,000 square feet of professional and
medical office including a conversion of retail use to professional and
medical office, a 135 -room hotel including a conversion to business park,
140,000 square feet of business park or educational facility, a public school,
and continuation of existing "Junior Deputy" passive recreation and existing
"swamp buggy" attraction; providing for Findings of Fact; providing for
Conclusions of Law; and providing an effective date (Companion to
Petitions PUDZ- 2006 -AR -10146 and CP- 2006 -11).
C. This item has been continued from the September 27, 2011 BCC
Meeting, then again from the October 11, 2011 meeting, then to the
October 25, 2011 BCC meeting. This item requires that ex parte
disclosure be provided by Commission members. All participants are
required to be sworn in. PUDZ- 2006 -AR- 10146: Hacienda Lakes MPUD -
- An Ordinance of the Board of County Commissioners of Collier County,
Florida amending Ordinance Number 2004 -41, as amended, the Collier
County Land Development Code, which established the comprehensive
zoning regulations for Collier County, Florida by amending the appropriate
zoning atlas map or maps by changing the zoning classification of the herein
described real property from the Agricultural (A), Agricultural- Special
Treatment Overlay (A -ST) and PUD zoning district (Swamp Buggy Days
PUD) to the Mixed Use Planned Unit Development (MPUD) zoning district
for a project known as the Hacienda Lakes MPUD that will allow a
maximum of 327,500 square feet of gross retail commercial floor area;
70,000 gross square feet of professional and medical office space including a
conversion of retail use to professional and medical office; 135 hotel rooms
including a conversion to business park; 140,000 gross square feet of
business park or education facility; a public school; continuation of existing
"swamp buggy" attraction and "Junior Deputy" passive recreation; and a
maximum of 1,760 residential dwelling units including conversions to
recreational vehicle park and senior housing for independent living, assisted
living and nursing care. The subject property, consisting of 2,262 +/- acres is
located on the east side of Collier Boulevard (C.R. 95 1) at the intersection of
Collier Boulevard and Rattlesnake - Hammock Road and north and south of
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October 25, 2011
Sabal Palm Road in Sections 11, 125 135 145 235 24 and 25, Township 50
South, Range 26 East, and Sections 19 and 30, Township 50 South, Range
27 East, Collier County, Florida; providing for repeal of Ordinance Number
84 -26, for swamp buggy grounds; and by providing an effective date
(Companion to Petitions DRI-2006-AR- 10 147 and CP- 2006 -11).
D. Recommendation to adopt an ordinance amending Ordinance No 2002 -38,
as amended, "The Collier County Redevelopment Grant Program
Ordinance" in order to create a new CRA Community Event Grant Program
for the Bayshore Gateway Triangle CRA. (David Jackson, Executive
Director Bayshore Gateway Triangle CRA)
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Golden Gate Estates Land Trust Committee.
B. Appointment of member to the Conservation Collier Land Acquisition
Advisory Committee.
C. Appointment of member to the Ochopee Fire Control District Advisory
Board.
D. Appointment of a member to the Radio Road East of Santa Barbara
Boulevard to the intersection of Radio Road and Davis Boulevard MSTU
Advisory Committee.
E. Appointment of a member to the Vanderbilt Beach Beautification MSTU
Advisory Committee.
F. Advisory Board vacancies October 11, 2011 press release.
G. To direct the County Manager to place on the BCC consent agenda all
internal staff interpretations of the Land Development Code and Permit
requirements that could appear to be more restrictive. (Commissioner
Henning)
H. Recommendation that the Board of County Commissioners direct the
County Manager to work with the County Attorney to bring back to a future
Board meeting (1) a Resolution that places a six month moratorium on
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October 25, 2011
soliciting within the County's Right -of -Way; and (2) an amendment to the
County's Solicitation Ordinance to require those organizations covered by
the Florida Solicitation of Contributions Act to properly identify themselves
when soliciting within Collier County; register with the County and provide
proof of permission to solicit at specified business locations. Also, to direct
the County Manager to prepare a letter to the State, to be signed by the
Chairman, requesting that the State audit those Veteran Solicitor
Organizations which have done business in Collier County since 2010.
(Commissioner Coyle)
10. COUNTY MANAGER'S REPORT
A. Recommendation to grant a Certificate of Public Convenience and Necessity
for inter - facility ambulance transports to Ambitrans Medical Transport, Inc.,
and authorize the County Manager to advertise and bring back for future
consideration an amendment to Ordinance No. 04 -12, as amended, relating
to ambulance and advanced life support services, for the purpose of revising
sections pertaining to Class 2 operators (post- hospital inter - facility medical
ambulance transfer services). (Dan Summers, Director, Bureau of
Emergency Services)
B. Recommendation to adopt a Bond Resolution authorizing the issuance of
Bonds in an amount not to exceed $100,000,000 in order to refund a portion
of Collier County's outstanding Capital Improvement Revenue Bonds, Series
2003 and Series 2005. (Mark Isackson, Director, Corporate Financial and
Management Services, County Manager's Office)
C. Recommendation to approve an Underground Facilities Conversion
Agreement with Florida Power & Light Company (FP &L) for "Phase One"
of the Vanderbilt Beach Municipal Service Taxing Unit (the 'MSTU') Utility
Conversion Project as stipulated by Florida Public Service Commission
Tariff Section 6 and to approve payment to FP &L in the amount of
$1,806,091 to cover the construction cost for FP &L underground utility
conversion. (Michelle Arnold, Director, Alternative Transportation Modes)
D. Recommendation to review the proposed changes to Ordinance Number
2001 -73, as amended, the Collier County Water -Sewer District Uniform
Billing, Operating, and Regulatory Standards Ordinance, and provide
guidance to the County Manager for subsequent adoption of a revised
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October 25, 2011
Ordinance, to provide clarification and revise administrative procedures.
(Joe Bellone, Manager, Utility Billing and Customer Service)
E. Recommendation to award a construction contract to Quality Enterprises
USA, Inc., for Bid No. 11 -5767, Municipal Services Taxing Unit (MSTU)
Improvements to Taylor Road from Pine Ridge Road to J &C Boulevard,
Project No. 60182 -2, in Pine Ridge Industrial Park in the amount of
$1,346,946.86 plus a ten (10) percent contingency of $134,694.68, resulting
in a total contract of amount of $1,481,641.54. (Jay Ahmad, Director,
Transportation Engineering)
11. COUNTY ATTORNEY'S REPORT
12. OTHER CONSTITUTIONAL OFFICERS
13. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT AUTHORITY
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners adopts the
Bayshore Beautification MSTU Master Plan. (Fiscal Impact: None)
Companion Item to #13132 and #13B3. (David Jackson, Executive
Director Bayshore Beautification MSTU)
2) Recommendation that the Board of County Commissioners adopts the
Bayshore Beautification MSTU Identity Design Study. (Fiscal Impact:
None) Companion to Item # 13B 1. (David Jackson, Executive Director
Bayshore Beautification MSTU)
3) Recommendation for the Board of County Commissioners to accept
the Tertiary Stormwater System Improvement Plan for the Bayshore
MSTU Area as presented by the Collier County Community
Redevelopment Agency (CRA) and Bayshore Beautification MSTU;
recognizing how the plan complements the County's secondary
system project for the Bayshore MSTU area; authorize the County
Manager, or his designee, to provide support to the CRA/MSTU
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October 25, 2011
where needed; and approve CRA staff's approach to execute the plan.
(Source of Funding — CRA TIF Fund 187 and MSTU Fund 163)
Companion Item to #1313 1. (David Jackson, Executive Director
Bayshore Beautification MSTU)
4) Recommendation that the Community Redevelopment Agency (CRA)
adopts the Gateway Triangle CRA Streetscape Guidelines. (Source of
Funding — CRA TIF Fund 187) (David Jackson, Executive Director
Bayshore Gateway Triangle CRA)
14. PUBLIC COMMENTS ON GENERAL TOPICS
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.
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to award Bid #11 -5700 for "Devonshire Boulevard
Landscape & Irrigation Refurbishment Project" to Ameri -Pride Inc. in
the amount of $267,214.37. Improvements will be funded by
residents of the Radio Road Beautification MSTU.
2) Recommendation to approve the conveyance of a Drainage Access
and Maintenance Easement from Collier County (as the governing
board of the Collier County Water -Sewer District) to Collier County
(as a political subdivision of the State of Florida). Project No. 51101.
Fiscal Impact: $35.50
3) Recommendation to approve and record in the public records a
Declaration setting aside for Drainage Access and Maintenance
purposes a portion of the Parks and Recreation Department property
located on Warren Street and developed with baseball diamonds by
the Gulf Coast Little League and recently named "Cindy Mysels
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Park." Fiscal Impact $9,927.
4) Recommendation to authorize the Clerk of Courts to release securities
which were posted as development guarantees through Land
Development Services.
5) Recommendation for the Board of County Commissioners to approve
an extension to the period of performance from August 13, 2011 to
February 9, 2012 for the Federally Funded Sub -Grant Agreement
HMGP #1785 -027 -R with the Florida Division of Emergency
Management to complete the grant scope of work for the Lely Area
Stormwater Improvement Project (LASIP) Haldeman Creek
Stormwater Improvement and Lock Louise Weir Reconstruction
project.
6) Recommendation to accept the donation of a drainage easement
between 40th Street NE and the FAKA Union Canal in Unit 43 of
Golden Gate Estates. (Fiscal Impact: Recording fees not to exceed
$50)
7) Recommendation to approve a resolution calling for a bond
referendum election to be held for the Radio Road, East of Santa
Barbara Boulevard to the Intersection of Radio Road and Davis
Boulevard Municipal Service Taxing Unit (MSTU) to determine if the
qualified electors residing in such MSTU approve obtaining a loan not
to exceed $649,000 in order to finance certain landscaping and
irrigation capital improvements within such MSTU, with a maturity
date not longer than 10 years.
8) Recommendation to award Bid #11 -5733R for "Irrigation Parts,
Pumps and Related Items" to Florida Irrigation Supplies and Naples
Electric Motor Works. The annual expenditures are estimated to be
$100,000.
9) Recommendation to recognize forthcoming revenues, originally
awarded and accepted as Congestion Management System grant funds
and currently being flexed into a FY 2012 Federal Transit
Administration Section 5307 grant in the amount of $375,000; to
approve the necessary budget amendment; and, to authorize staff to
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October 25, 2011
immediately incur expenses in accordance with Federal Transit
Administration pre -award guidance so the order to build a new 35 foot
bus may proceed prior to cost escalations by the manufacturer.
10) 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 for recording the final plat of Faith Landing Phase One,
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
11) Recommendation to approve and authorize the Chairman to sign an
Amendment to Agreement for Fee Payment Assistance, between
Collier County and Lucy Salon, Inc., providing for the repayment of
Fee Payment Assistance funds over a five -year period.
12) Recommendation to Approve Change Order #I to Contract No. 10-
5456 for "Verification Testing Services for Oil Well Road," for an
estimated cost of $125,000 Project #60044.
13) Recommendation to approve and authorize the Chairman to sign, a
Satisfaction of Lien for the Summer Lakes /Sawgrass Pines
Apartments Phase II due to the impact fees being paid in full in
accordance with the Multi- family Rental Impact Fee Deferral
Program, as set forth by Section 74- 401(e) and 74- 401(g) (5) of the
Collier County Code of Laws and Ordinances.
14) 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 that the
Board of County Commissioners (BCC) affirm the Official
Interpretation which found that the conversion of a side entry garage
into a media room for a zero lot line dwelling located on Lot 23,
Mediterra Parcel 125 Replat, to be consistent with the minimum front
yard setback requirement for a front entry garage as provided in
Section 3.5 (Table I) of the Mediterra Planned Unit Development
(PUD).
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15) Recommendation to approve, and authorize the Chairman to sign, a
Memorandum of Understanding implementing the direction of the
Board of County Commissioners to provide funding to the Early
Learning Coalition of Southwest Florida, Inc., in the amount of
$50,000 in Fiscal Year 2012.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Community Redevelopment
Agency (CRA) approves and accepts a donation of office furniture
and equipment from Economic Development Council of Collier
County for use at the Bayshore Gateway Triangle CRA office, and
directs the Executive Director to register the assets with applicable
government departments. (Fiscal Impact: None) (David Jackson,
Executive Director Bayshore Gateway Triangle CRA)
2) Recommendation for the Board of County Commissioners to approve
a request for a specific paint color on a commercial building within
the CRA Cultural Arts District pursuant to "legislation in process"
through the 2012 LDC Amendment Cycle 1; acknowledge that
painting the building this color prior to approval of the proposed LDC
change would be at the Owner's risk; and direct Code Enforcement to
not prosecute the Owner for this color pending the Board's final
determination of the proposed LDC amendment. Fiscal Impact: None.
(Jean Jourdan, Project Manager, Bayshore Gateway Triangle CRA)
3) Recommendation that the Board of County Commissioners approves
the transfer of administrative and management duties for the
Immokalee Beautification Municipal Service Taxing Unit from
Growth Management staff to Immokalee Community Redevelopment
Agency (CRA) staff to become effective October 1, 2011; direct the
Budget Office to discontinue the annual transfer of funds from the
Immokalee Beautification MSTU (Fund 162) to the MSTD General
Fund (Fund 111), and that the Collier County Board of County
Commissioners, acting as the Community Redevelopment Agency
authorize the creation of a Full Time Employee position (MSTU
Project Manager) for FY 12; authorize the Executive Director to
advertise the position; hire a qualified applicant; and approve
necessary budget amendment. (This item is a companion to Item
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October 25, 2011
#17B)
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve Amendment No. A02 to Agreement No.
4600001937 between Collier County and the South Florida Water
Management District, renewing the existing agreement for a period of
one year until September 30, 2012, to continue the supplemental
collection of surface water quality samples in Collier County
(estimated annual revenue to County is $60,000).
2) Recommendation to approve a Household Hazardous Waste Unique
and Innovative Grant Agreement, No. S0557, with the Florida
Department of Environmental Protection in an amount not to exceed
$49,976, pursuant to Line Item 1703E of the FY2011 -2012 General
Appropriations Act, to add household and small business hazardous
waste services to cleanup events in neighborhoods and, to authorize a
corresponding budget amendment.
3) Recommendation to award Bid Number 11 -5749, South County
Water Reclamation Facility Electrical Upgrades, to Gulf States
Electric, Inc., in the base bid amount of $800,970 for Project Number
70079, South County Water Reclamation Facility Lightning /Surge
Protection and Grounding; and, authorize a budget amendment of
$364,103 from Project Number 70050, Master Pump Station
Technical Support, to Project Number 70079.
4) Recommendation to approve, execute and record Satisfaction of
Notice of Claim of Lien for Sanitary Sewer System Impact Fee.
Fiscal impact is $10 to record the Satisfaction of Lien.
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve the submittal of the Fiscal Year 2011
Continuum of Care (CoC) Grant application to the U.S. Department of
Housing and Urban Development (HUD) for CoC programs assisting
and benefiting the homeless population in Collier County. This grant
application has no effect on ad valorem or general fund dollars.
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October 25, 2011
2) Recommendation to approve and authorize the Chairman to sign six
(6) 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 2011 -2012 Action Plan approved
by the Board on July 26, 2011 (Agenda Item Number #I OH).
3) Recommendation to approve a reprogramming of Homelessness
Prevention and Rapid Re- Housing Program (HPRP) funds in the
amount of $73,080.99 and authorize the Chairman to sign two (2)
amendments to the 2009 (HPRP) subrecipient grant agreements with
Youth Haven in the amount of $311,080.99 ($53,080.99 increase),
and Catholic Charities in the amount of $150,000 ($20,000 increase)
in order to incorporate reallocated HPRP funds.
4) Recommendation to acknowledge receipt of entitlement funds from
the U.S. Department of Housing and Urban Development (HUD) for
FY 2011 -2012 and approve the associated budget amendments. Once
received, HHVS will bring the entitlement agreements and
certifications to the BCC for signature. The entitlement funds include
$2,114,463 for the Community Development Block Grant (CDBG),
$502,126 for the HOME Investment Partnerships Program (HOME),
and $94,611 for the Emergency Shelter Grant (ESG).
5) Recommendation that the Board of County Commissioners approve a
one -time exception to the State Housing Initiatives Partnership (SHIP)
2006 -2009 Local Housing Assistance Plan (LHAP) policy
establishing first -time homebuyers as one of the requirements for
down payment and closing cost assistance. Approval of this exception
will address and correct a monitoring concern issued for the SHIP
Program.
6) Recommendation to authorize the Housing, Human & Veteran
Services Department (HHVS) to evaluate Collier County's continuing
role as the U.S. Department of Housing and Urban Development's
(HUD) designated Lead Agency for the Continuum of Care Program
in Collier County. This evaluation will review the collaborative
efforts of Collier County and the non - profit corporations who
comprise the Continuum of Care FL606 (CoQ. Staff will then bring
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October 25, 2011
a recommendation as to whether to continue as the Lead Agency to
the Board for further consideration.
7) Recommendation to award a Work Order to Coastal Engineering
Consultants in the amount $18,650 for construction support and
project certification for the Collier Bay dredging project, approve
necessary budget amendment and make a finding that this activity
promotes tourism within Collier County.
8) Recommendation to approve and authorize the Chairman to execute
the FY 11 -12 contract between Collier County and the State of Florida
Department of Health for operation of the Collier County Health
Department in the amount of $1,324,400.
9) Recommendation to award Bid No. 11 -5763 to Energy Resources, Inc
in the amount of $262,000 for the emergency dredging of Collier Bay
entrance channel, approve necessary budget amendment, make a
finding that this activity promotes tourism within Collier County, and
authorize the Chairman to execute the standard contract after County
Attorney approval.
10) Recommendation to accept the Retired and Senior Volunteer Program
(RSVP) grant award from the Corporation for National and
Community Service in the amount of $40,891 and approve the related
budget amendments.
11) Recommendation to approve and authorize the Chairman to sign the
FY 2011 -12 Agreement with the David Lawrence Mental Health
Center, Inc. to provide detoxification and mental health services
within Collier County. Local match funding is required by Florida
statue section 394.76(9). Fiscal impact is $899,300.
12) Recommendation to award to Naples Wholesale Bait, the only vendor
that can meet all the requirements as a supplier and distributor of live
bait, for resale at Caxambas Park, Cocohatchee River Park Marina.
Port of the Islands Marina, and Goodland Boat Park with an estimated
Fiscal Year 2012 expenditure of approximately $100,000, and
approve a seven day payment schedule.
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October 25, 2011
13) Recommendation to approve and authorize the Chairman to sign
Signature Authority Forms for three (3) Disaster Recovery Initiative
(DRI) Grant agreements between the Florida Department of
Community Affairs and Collier County. These forms will update
Collier County's Contact Person, Financial Contact Person, and
designate individuals authorized to sign Request for Funds (RFF) for
each of these grants.
14) Request to approve a time extension of Contract #07 -4131, "Gordon
River Greenway Park" with Kimley -Horn & Associates, Inc.
15) Recommendation to recognize insurance proceeds received from
Johns Eastern Company, Inc. in the amount of $41,561.33 for the
replacement of an F -350 truck and related trailer and approve the
necessary budget amendment.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to accept Modification No. 6 to U.S. Fish and
Wildlife Service (USFWS) Cooperative Agreement No. 401815JO21
to fund habitat restoration at the Railhead Scrub Preserve.
2) Recommendation that the Board approve, and authorize the Chairman
to sign, three Lease Agreements with the Florida Fish and Wildlife
Conservation Commission (FWC) in order to allow FWC to conduct
Youth Hunts for Collier County residents at Pepper Ranch Preserve in
November 2011, January 2012, and February 2012.
3) Recommendation to approve a Resolution that names the County
Manager as the Board's designee for the purpose of executing
certificates of title for County -Owned vehicles set for salvage or
destruction and, permitting the County Manager to assign such
responsibilities to the Directors of the Risk Management and
Purchasing Departments.
4) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign the Assumption Agreement from
Alliance Medical, Inc. (d/b /a AllMed) to Bound Tree Medical, for
Page 16
October 25, 2011
Veterinary Medical Supplies and Equipment.
5) Recommendation to approve a First Amendment to Parking License
Agreement with Vanderbilt Real Estate Holdings, LP, for temporary
parking for beach maintenance equipment at a first year annual cost
of $6,900.
F. COUNTY MANAGER OPERATIONS
1) Recommendation that the Board of County Commissioners review
and approve the proposed FY2011 -2012 Action Plan for Leo E. Ochs,
Jr., County Manager.
2) Recommendation to approve a budget amendment recognizing
carryforward from FY2011 for the Goodland Fire District Fund (149)
in the amount of $99,100.
G. AIRPORT AUTHORITY
1) Recommendation to approve a License Agreement with the King
Brothers Circus at the Immokalee Airport for a one night event.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the 2011 United Way of Collier County Campaign
Recognition Breakfast on October 4, 2011 at the Naples Hilton in
Naples, FL. $20 to be paid from Commissioner Fiala's travel budget.
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the 2011 Distinguished Public Service Awards presented by
The Greater Naples Chamber of Commerce on October 12, 2011 at
the Naples Hilton Hotel in Naples, FL. $20 to be paid from
Commissioner Fiala's travel budget.
3) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Page 17
October 25, 2011
Attended the Southwest Florida Hispanic Chamber of Commerce
luncheon on October 18, 2011 at Noodles 1585 Pine Ridge Road,
Naples, FL. $16 to be paid from Commissioner Henning's travel
budget.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve a new Interlocal Agreement for Election
Services between Everglades City and Collier County in connection
with the City's next regularly scheduled municipal election to be held
on November 22, 2011.
2) To obtain Board approval for disbursements for the period of
September 24, 2011 through September 30, 2011 and for submission
into the official records of the Board.
3) To obtain Board approval for disbursements for the period of October
15 2011 through October 7, 2011 and for submission into the official
records of the Board.
4) Recommendation to approve the use of Confiscated Trust Funds for
the purchase of a DARE vehicle for community awareness.
5) Pursuant to Florida Statute 318.18(13)(b) the Clerk of the Circuit
Court is required to file the amount of traffic infraction surcharges
collected under Florida Statute 318.18(13)(x)(1) with the Board of
County Commissioners.
6) Recommendation that the Board accept the investment status update
report for the quarter ending September 30, 2011.
K. COUNTY ATTORNEY
1) Recommendation to approve a Retention Agreement for legal services
with the law firm of Gardner, Bist, Wiener, Wadsworth, Bowden,
Bush, Dee, LaVia & Wright, P.A.
Page 18
October 25, 2011
2) Request by the Collier County Industrial Development Authority for
approval of a resolution authorizing the Authority to issue revenue
bonds to refund bonds previously issued for healthcare facilities at
Naples Community Hospital.
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. VA- PL2010 -1654, a Resolution of the Board of
Zoning Appeals of Collier County, Florida relating to Petition Number VA-
PL2010 -1654 for a variance from the required 30 foot side setback in the
Estate Zoning District to permit a side setback of 23.43 + /- feet on property
located at 4750 18th Ave. S.E. hereinafter described in Collier County,
Florida.
B. Recommendation to adopt an ordinance amending Ordinance No. 2002 -52,
which established the Immokalee Beautification Advisory Committee, in
order to allow the Immokalee Community Redevelopment Agency, through
its Executive Director, to assume administrative and management duties of
the Immokalee Beautification Municipal Service Taxing Unit such as
employing staff to assist the Committee. (This item is a companion to Item
#16B3)
18. ADJOURN
Page 19
October 25, 2011
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383.
Page 20
October 25, 2011
October 25, 2011
MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN COYLE: Okay. Thank you very much.
Ladies and gentlemen, the Board of County Commissioners
meeting is now in session.
Item #1
INVOCATION AND PLEDGE OF ALLEGIANCE
CHAIRMAN COYLE: Will you please stand for the invocation
by Reverend Tara McGraw of Saint Paul's Episcopal Church.
REVEREND McGRAW: Saint Paul's is actually right close
here; it's just past Airport- Pulling on Davis Boulevard. And I'd like to
invite everybody to our farmer's market that we have every Saturday
morning beginning November 12th and going all the way through
April. It's wildly popular with the community, and you will love it.
Please come.
The two prayers I'm going to say this morning are from the
Anglican tradition. We are an episcopal church, which is the branch
of the Anglican Communion here in the United States.
They are from the Book of Common Prayer, which bind together
the worldwide churches of the Anglican Communion.
The first prayer is for cities. And, of course, that includes
metroplexes like our Collier County.
Oh, God, in your word you have given us a vision of that holy
city to which the nations of the world bring their glory. Behold and
visit, we pray, the cities of the earth, renew the ties of mutual regard
which form our civic life. We thank you for honest and able leaders.
Enable us to eliminate poverty, prejudice, and oppression, that
peace may prevail with righteousness and justice with order, and that
men and women from different cultures and with differing talents may
find with one other the fulfillment of their humanity.
Page 2
October 25, 2011
And a prayer for you, our commissioners: Oh, God, send down
upon those who hold office in this county, especially today, the spirit
of wisdom, charity, and justice; that with steadfast purpose they may
faithfully serve in their offices to promote the well -being of creation
and of all people. Amen.
CHAIRMAN COYLE: Thank you, Reverend McGraw.
REVEREND McGRAW: You're welcome.
CHAIRMAN COYLE: Will you remaining standing for the
Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN COYLE: Thank you.
Item #2A
TODAY' S REGULAR, CONSENT AND SUMMARY AGENDA AS
AMENDED — APPROVED AND /OR ADOPTED WITH CHANGES
CHAIRMAN COYLE: Okay. County Manager, would you
please go over the changes in the agenda for us today.
MR. OCHS: Yes, sir, Mr. Chairman. Good morning,
Commissioners. These are your agenda changes for the Board of
County Commissioners' meeting of October 25, 2011.
The first change is request to continue Item IOC to the November
8, 2011, BCC meeting. It's a recommendation to approve an
underground facilities conversion agreement with Florida Power and
Light Company relating to the burying of underground utilities in the
Vanderbilt Beach MSTU. That continuation is made at staff s request
due to the need to make some final revisions to some of the
agreements.
Next request is continue Item 16A1 to the November 8, 20115
BCC meeting. It's a recommendation for a bid award on the MSTU --
for the Radio Road MSTU. Staff has some final due diligence to do
Page 3
October 25, 2011
on the recommended vendor.
Next request is to move Item 16A11 to become Item IOG. It's a
recommendation to approve and authorize the chairman to sign an
amendment to agreement for fee - payment assistance between the
county and Lucy's Salon, Incorporated, providing for the repayment of
fee - payment - assisted funds over a five -year period. This item is
moved to the regular agenda at Commissioner Hiller's request.
The next proposed change is to move Item 16B3 to become Item
13135 on your regular agenda under CRAs. It's a recommendation that
the Board of County Commissioners approves the transfer of
administrative and management duties of the Immokalee
Beautification Municipal Service Taxing Unit from growth
management staff to the Immokalee Community Redevelopment
Agency staff to become effective October 1, 2011, and also requesting
the authorization to create a full time position for the Fiscal Year 2012
for the CRA to manage the affairs of that MSTU. This item is being
moved at Commissioner Henning's request.
And the next proposed move is to move Item 16D2 from your
consent agenda to become Item l OJ on the regular agenda. It's a
recommendation to approve and authorize the chairman to sign six
subrecipient agreements from the Community Development Block
Grant Home Investment Partner Program projects previously approved
for Department of Housing and Urban Development funding in the
2011/2012 action plan approved by the board on July 26, 2011.
This item is being requested by the staff because it relates to one
of the next changes that has been requested by Commissioner Hiller,
and that is to move Item 16D4 to become Item IOH on your agenda.
It's a recommendation to acknowledge receipt of entitlement funds
from the U.S. Department of Housing and Urban Development for
fiscal year 2011 and 2012.
So, Commissioners, 10D is the receipt of -- acknowledging the
receipt of the federal entitlement funds. Item 16D2 is the
Page 4
October 25, 2011
recommendations on how to allocate those funds. So if there's going
to be a change in 16D4, we needed to move 16D2 to the regular to
follow suit.
The next proposed change is to move Item 16D5 to become Item
10I on the regular agenda. It's a recommendation that the Board of
County Commissioners approve a one -time exception to the State
Housing Initiatives Partnership, 2006 through 2009, Local Housing
Assistance Plan policy establishing first -time homebuyers as one of
the requirements for down payment and closing costs assistance.
Approval of this exception will address and correct a monitoring
concern issue for the SHIP program. This item is being moved at
Commissioner Hiller's request.
The next proposed change is to move Item 16F 1 to become 1 OF
on your regular agenda. It's a recommendation for the board to review
and approve the 2011/2012 Action Plan for the county manager. This
item is being moved at Commissioner Hiller's request.
And a few agenda notes this morning, Commissioners, first
related to Item 8A. This section can be deleted from the agenda text
as follows: 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.
Also, Commissioners, Item 13A on your agenda should be
referenced as 13B. It relates to the Community Redevelopment
Agency items on the index. Item 13A is reserved for Airport Authority
Business, 13B for Community Redevelopment Area business.
Finally, Item 16D2, correction on Page 18 of the 2011/2012
tenant -based rental assistance administration agreement with
signatures. Its printed packet Page 1853 should show end dates under
Section C, project work plan is October 2013 as opposed to October
2012 as shown in the packet, and that item has subsequently been
moved to the regular agenda. So we can discuss it again in more
detail if the board wishes.
Page 5
October 25, 2011
Those are the changes that I have, sir.
CHAIRMAN COYLE: All right. Thank you very much.
County Attorney?
MR. KLATZKOW: No changes, sir.
CHAIRMAN COYLE: Okay. Thank you.
Then we will begin with Commissioner Henning this time for
any ex parte disclosures to the consent or summary agenda and for
another changes to the agenda.
COMMISSIONER HENNING: I have no further changes to
today's agenda.
As far as ex parte communication on today's consent and
summary, only on the summary, receiving reports from the Planning
Commission on the items -- land -use items that they heard. Also, I did
-- I did view the Planning Commission meeting on the variance, which
is 17A.
That's all I have.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes, sir. I -- good morning.
I have no changes to the agenda, and the only disclosure I have is
under the summary agenda. I seen the staff report. That's 17A.
CHAIRMAN COYLE: Okay. Thank you.
And you have no further change to the agenda, right?
COMMISSIONER COLETTA: That's correct, sir.
CHAIRMAN COYLE: Okay. And I also do not have any other
changes to the agenda.
With respect to ex parte disclosure, for Consent Agenda Item
A 10, I have some correspondence, and it is in my folder for review by
anyone who wishes to see it, and on 17A, summary agenda, I have
reviewed the staff report concerning this petition for a variance.
Otherwise, I have no additional disclosures.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I have no further changes to
October 25, 2011
the agenda, and on 16A10, which is the Faith Landing Development, I
had some correspondence and emails, and I spoke to staff about it. On
A14, no disclosures.
17A, I have just a staff report. Thank you.
CHAIRMAN COYLE: Thank you.
Commissioner Hiller?
COMMISSIONER HILLER: No changes to the agenda, and
with respect to the disclosures for 8B, meetings, correspondence,
emails, calls; 8C, the same; meetings, correspondence, emails, and
calls.
With respect to 16A10, no disclosures; 16A14, no disclosures;
and with respect to 17A, the staff report, which is part of the file.
CHAIRMAN COYLE: Okay, thank you. Is there a motion to
approve the agenda with changes as noted?
COMMISSIONER COLETTA: Motion to approve the agenda
with changes as noted.
COMMISSIONER FIALA: And second.
CHAIRMAN COYLE: Okay. A motion by Commissioner
Coletta to approve, second by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: The motion passes unanimously.
Page 7
Agenda Changes
Board of County Commissioners Meeting
October 25, 2011
Continue Item 10C to the November 8, 2011 BCC Meeting: Recommendation to approve an Underground Facilities
Conversion Agreement with Florida Power & Light Company for "Phase One" of the Vanderbilt Beach Municipal
Service Taxing Unit (MSTU') Utility Conversion Project stipulated by Florida Public Service Commission Tariff
Section 6 and approve payment of $1,806,091 to FPL cover construction cost for the underground utility conversion.
Continue Item 16A1 to the November 8, 2011 BCC Meeting: Recommendation to award Bid #11 -5700 for
"Devonshire Boulevard Landscape & Irrigation Refurbishment Project" to Ameri -Pride Inc. in the amount
$267,214.37. Funded by residents of Radio Road Beautification MSTU (Staff request concerning the vendor)
Move Item 16A11 to Item 10G: Recommendation to approve and authorize the Chairman to sign an Amendment to
the Agreement for Fee Payment Assistance, between Collier County and Lucy Salon, Inc., providing repayment of
Fee Payment Assistance funds over a five -year period. (Commissioner Hiller's request)
Move Item 16B3 to Item 13B5: Recommendation the Board of County Commissioners approve transfer of
administrative and management duties for the Immokalee Beautification Municipal Service Taxing Unit from
Growth Management staff to Immokalee Community Redevelopment Agency (CRA) staff effective October 1, 2011;
direct Budget Office to discontinue the annual transfer of funds from Immokalee Beautification MSTU (Fund 162)
to MSTD General Fund (Fund 111), and the Board of County Commissioners, acting as Community Redevelopment
Agency authorize creation of a Full Time Employee position (MSTU Project Manager) for FY12; authorize
Executive Director to advertise the position; hire a qualified applicant; and approve necessary budget amendment.
(Commissioner Henning's request)
Move Item 16D2 to Item 10J: Recommendation to approve and authorize the Chairman to sign six (6) 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
2011 -2012 Action Plan approved by the Board on July 26, 2011 (Staff request related to moving Item 16D4)
Move Item 16D4 to Item 1OH: Recommendation to acknowledge receipt of entitlement funds from U.S. Department
of Housing and Urban Development for FY 2011 -2012 and approve the associated budget amendments. Once
received, HHVS will bring the entitlement agreements and certifications to the BCC for signature. Funds include
$2,114,463 for the Community Development Block Grant (CDBG), $502,126 for the HOME Investment
Partnerships Program (HOME) and $94,611 for Emergency Shelter Grant (ESG). (Commissioner Hiller's request)
Move Item 16D5 to Item 10I: Recommendation that the Board of County Commissioners approve a one -time
exception to the State Housing Initiatives Partnership (SHIP) 2006 -2009 Local Housing Assistance Plan (LHAP)
policy establishing first -time homebuyers as one of the requirements for down payment and closing cost assistance.
Approval will address and correct monitoring concern for the SHIP Program. (Commissioner Hiller's request)
Move Item 16F1 to Item 10F: Recommendation that the Board of County Commissioners review and approve the
proposed FY2011 -2012 Action Plan for Leo E. Ochs, Jr., County Manager. (Commissioner Hiller's request)
Item 8A: This section can be deleted from the agenda text: 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.
Item 13A should be referenced as 1311- Community Redevelopment Agency on the agenda index.
Item 16D2: Page 18 of the 112011 -2012 Tenant Based Rental Assistance (TBRA) Administration Agreement with
Signatures" (Printed Packet Page 1853) should show end dates under Section C- Project Work Plan as 10/2013, not
10/2012 as shown in the packet.
October 25, 2011
Item #2B
MINUTES OF SEPTEMBER 22, 2011, BCC /BUDGET HEARING —
APPROVED AS PRESENTED
CHAIRMAN COYLE: Now, with respect to minutes of the
September 22, 2011, BCC budget hearing, are there any proposed
changes to those minutes?
(No response.)
CHAIRMAN COYLE: Then is there a motion to approve?
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN COYLE: Motion to approve by Commissioner
Fiala.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Second by Commissioner Coletta.
All in favor, please signify by saying aye.
COMMISSIONER HILLER: Ave.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: The motion passes unanimously.
That brings us to service awards, County Manager.
MR. OCHS: Yes, sir. Will the commissioners be good enough
to join us in front of the dais, and we'll make these awards.
Item #3A1
SERVICE AWARDS — 20 YEAR ATTENDEES — ANTHONY
DUESTERHOEFT, FLEET MANAGEMENT; MICHAEL GOGUEN
October 25, 2011
EMS — PRESENTED
MR. OCHS: Commissioners, we're recognizing two employees
this morning with 20 years of dedicated service to county government.
The first is Anthony Duesterhoeft from fleet management.
Tony?
(Applause.)
CHAIRMAN COYLE: Good morning. Congratulations. Turn
around, and we'll get a picture of you.
MR. OCHS: Tony, back up, smoosh.
COMMISSIONER COLETTA: Turn the plaque around and face
the camera. Something you'll treasure forever.
MR. DUESTERHOEFT: Thank you.
COMMISSIONER COLETTA: Congratulations. Thank you
very much.
(Applause.)
MR. DUESTERHOEFT: Missed a few of you guys.
COMMISSIONER FIALA: Good. Thanks for all your work.
CHAIRMAN COYLE: You're lucky you got away without a
hug.
MR. OCHS: Thanks, Tony.
Commissioners, also celebrating 20 years of service with our
EMS department is Michael Goguen.
Mike?
(Applause.)
CHAIRMAN COYLE: Congratulations, Mike. Thank you for
your years of service.
MR. GOGUEN: Thank you.
COMMISSIONER HILLER: Congratulations.
COMMISSIONER COLETTA: Thank you for your service.
MR. OCHS: Congratulations, Mike. Well done.
October 25, 2011
Item #3A2
SERVICE AWARDS — 25 YEARS — DALE WALLER,
WASTEWATER — PRESENTED
MR. OCHS: Our final service award this morning,
Commissioners, recognizing 25 years of service to the county
government, Dale Waller from our Wastewater Department.
Dale?
(Applause.)
MR. WALLER: Thank you.
COMMISSIONER HILLER: Congratulations.
COMMISSIONER COLETTA: Dale, thank you.
MR. SHEFFIELD: Congratulations.
MR. OCHS: Thanks, Dale. Thank you. Good job.
Commissioners, that concludes our service awards this morning.
Thank you.
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL
Item #4A
PROCLAMATION DESIGNATING OCTOBER 25, 2011 AS
NARCOTICS OVERDOSE PREVENTION & EDUCATION
(N.O.P.E.) NATIONAL CANDLELIGHT VIGIL DAY.
ACCEPTED BY ANN FRAZIER, EXECUTIVE DIRECTOR OF
DRUG FREE COLLIER AND JERRY EDDLEMAN — ADOPTED
MR. OCHS: Commissioners, that takes us to Item 4 on your
agenda this morning, proclamations. Item 4A is a proclamation
Page 10
October 25, 2011
designating October 25, 2011, as Narcotic Overdose Prevention and
Education National Candlelight Vigil Day. To be accepted by Ann
Frazier, executive director of Drug Free Collier, and Jerry Eddelman.
This item is sponsored by Commissioner Henning.
Please come forward.
COMMISSIONER HENNING: We're going to get a picture.
Yeah.
PROCLAMATION DESIGNATING OCTOBER 28, 2011 AS THE
TWELFTH ANNIVERSARY DAY OF THE RED WALK IN
COLLIER COUNTY. ACCEPTED BY DR. SUSAN BARCELINO,
LIBBY BUCK AND CRAIG GREUSEL — ADOPTED
MR. OCHS: Item 8 -- excuse me -- 4B is a proclamation
designating October 28, 2011, as the Twelfth Anniversary Day of the
Red Walk in Collier County. To be accepted by Dr. Susan Barcelino,
Libby Buck, and Craig Greusel. And this item is sponsored by
Commissioner Fiala.
Please come forward.
(Applause.)
Item #4C
PROCLAMATION CONGRATULATING IBERIA BANK OF
MARCO ISLAND FOR ITS CONTINUED EFFORTS TO
PROMOTE WASTE REDUCTION, REUSE, RECYCLING AND
ENVIRONMENTAL AWARENESS. ACCEPTED BY KEITH
DAMERON, VICE PRESIDENT- MANAGER OF IBERIA BANK;
LAURA BURGO, ASSISTANT BRANCH MANAGER OF IBERIA
BANK; IBERIA BANK STAFF; AND RICK MICHAUD,
Page 11
October 25, 2011
DISTRICT OPERATIONS MANAGER OF SHRED -IT —
ADOPTED
MR. OCHS: Item 4C is a proclamation congratulating
IberiaBank of Marco Island for its continued efforts to promote waste
reduction, reuse, recycling, and environmental awareness. To be
accepted by Keith Dameron, vice president /manager of IberiaBank;
Laura Burgo, assistance branch manager of IberiaBank; IberiaBank
staff, and Rick Michaud, district operations manager of Shred -It.
This item is sponsored by Commissioner Fiala.
COMMISSIONER FIALA: I just have to tell you, this is the
friendliest bank in the county.
CHAIRMAN COYLE: But do they lend money?
MR. DAMERON: Yes.
CHAIRMAN COYLE: Good, good. Well, we have lots of
things for you today, okay.
(Applause.)
MR. DAMERON: Thank you so much. This is quite an honor.
I will take just a couple of minutes to share this honor with those who
truly are deserving, but special congratulations and thanks to the
Collier County Solid Waste Management Department for creating and
maintaining this important program to really elevate the importance of
recycling in Collier County and everywhere.
I Googled the WRAP program and found that the WRAP
program is active all over the United States. What a shame I didn't
know that. More people should be aware of this.
I can't thank Janet Go enough for her support at our events. She
is always there. When we do our shred parties at the bank on Marco,
if she can't be there, she sends down great handouts. And these little
green trash cans with the yellow lids are so popular now, when we run
out of them, people come into the bank just to ask for those. So thank
you, Janet.
Page 12
October 25, 2011
Shred party; what is a shred party? A shred party is when the
Shred -It Company brings in their giant truck, and it is a giant
shredding machine. And what happens is, without the Shred -It
Company and that wonderful organization, there would be no
recycling of tons and tons of paper.
We bring the truck in, and then we make it a party because we
bring in live music, we have free food, we have free refreshments. No
hard liquor or beer or wine, but -- and we end up getting hundreds of
people between 9 a.m. and 1 o'clock at the time of the shred event.
Our next shred event is November 19th, by the way.
It's -- I charge $2 per bag for each box of shred, and the proceeds
go to a worthy cause. The last one was a patriotic shred party, and
$1,500 was given for -- to help fund the building of the veteran's
memorial, the new one on Marco Island.
The one on November 19th, the proceeds will go to help pay for
-- we're bringing the Vietnam -- traveling Vietnam Wall to Marco
Island. And so that -- the funds -- proceeds from the next shred party
will go to help pay for that event.
IberiaBank Marco reaches out to our community with many
programs in addition to the shred parties, and always stressing the
importance of recycling.
The planning for the Vietnam Wall, Janet Go has just been there.
Once again, we have all the recycling devices lined up and will be
taken care of.
The list of civic and community activities in which we're
involved on Marco is way too long for the allotted time that I have this
morning. But programs like the shred party are not the result of one
person's effort. I tend to be -- because I'm -- I'm a high - visibility
person, and that's not by accident. I try to be out front and providing
leadership on a lot of things. But whatever I do or whatever we do at
the IberiaBank cannot happen without the support of the many, many
people who are behind the scenes making it possible for these detailed
Page 13
October 25, 2011
programs to be put together and then conducted in a way that is
professional, and it serves the purpose for which it was created. And
that kind of leadership starts at the top of an organization, just as it
does any business or any government leadership -- is critically
important.
And my assistant branch manager and head of operations of my
bank is -- was just up there with me, Laura Burgo. Laura is the
quietest person you'll ever meet in your life, and she's one of the most
proficiently effective individuals I've ever had the opportunity to work
with. And she's a pleasure to serve -- to work with to serve our
community.
IberiaBank's leadership promotes in all 11 of our banks in Collier
and Lee County with the same civic mindedness that we do on Marco
Island. We're not unique. We're doing these things all over. It's just
that we do more of them on Marco Island. But as time passes, you'll
be seeing more of these kind of community and civic activities in
Collier and Lee County.
I have to thank, again, Laura Burgo; my bank staff, who isn't here
this morning, because our bank is open. So -- but Tracy Barnett, Jeff
Hogan, Maryann Reardon, Marlene Ellis, and Sue Star. These are the
people who are working quietly behind the scenes that make all of this
possible.
Our public relations coordinator, Sarah Brimmerman Dewberry,
is here with us today. Our retail manager, Yvette Saco, could not be
here. She had another commitment, but this is my boss, okay, and
she's wonderfully supportive.
And probably as important as anything else is Keith Short, who is
our marketing president of IberiaBank. Keith is -- besides having a
great first name, Keith is a guy who is there and is so supportive to the
point where "What do you need? What do you need ?" And that's the
kind of generous leadership that empowers us to do the kinds of things
that our community deserves from a bank.
Page 14
October 25, 2011
A bank should reach out to the community it serves without
always trying to sell something. If you take care of your constituents,
if you take care of your community, if you take care of your clients,
guess what? They'll take care of you.
In closing, thank you, Janet, your associates, and our Collier
County Commissioners for the opportunity to be here to receive this
award this morning. Thank you.
CHAIRMAN COYLE: Thank you.
(Applause.)
CHAIRMAN COYLE: It still puzzles me how you can do such a
wonderful job of recycling with those tiny little bins that you have.
MR. DAMERON: We fill up a lot of them. By the way, we
have done -- in the five events that we have conducted so far, we've
recycled over 10 tons. I'm convinced that Marco Island has risen about
a foot above sea level just because of all the paper that we've gotten
off.
CHAIRMAN COYLE: Thank you.
Item #4D
PROCLAMATION RECOGNIZING EDEN AUTISM SERVICES
FOR ITS 15 YEARS OF PROVIDING SERVICES TO CHILDREN
AND ADULTS WITH AUTISM IN SOUTHWEST FLORIDA.
ACCEPTED BY SUSAN SUAREZ, DIRECTOR OF EDEN
AUTISM SERVICES — ADOPTED
MR. OCHS: Commissioners, Item 4D is a proclamation
recognizing Eden Autism Services for its 15 years of providing
services to children and adults with autism in Southwest Florida. To
be accepted by Jackie Indriago of Eden Autism Services. And this
item is sponsored by Commissioner Coyle.
CHAIRMAN COYLE: Thank you very much.
Page 15
October 25, 2011
(Applause.)
CHAIRMAN COYLE: Jackie, did you want to say a few words
or not?
MS. INDRIAGO: No, that's okay.
CHAIRMAN COYLE: Thank you.
Item #4E
PROCLAMATION RECOGNIZING OCTOBER 29, 2011 AS
FLORIDA PANTHER FESTIVAL DAY. ACCEPTED BY
SANDRA MICKEY, U.S. FISH AND WILDLIFE SERVICE —
ADOPTED
MR. OCHS: Item 4E is a proclamation recognizing October 29,
2011, as Florida Panther Festival Day. To be accepted by Sandra
Mickey, U.S. Fish and Wildlife Service. This item is sponsored by
Commissioner Coletta.
Good morning.
(Applause.)
CHAIRMAN COYLE: Thank you.
MS. MICKEY: May I say a few words?
CHAIRMAN COYLE: Sure. You get to come up here and take
a picture. You can't speak unless you take a picture.
COMMISSIONER HENNING: You've got to turn it on, Brad.
CHAIRMAN COYLE: Thank you.
MR. OCHS: And our final proclamation -- oh, I'm sorry. Excuse
me. I'm sorry.
MS. MICKEY: Sorry. Can I say a couple words?
Well, thank you very, very much for this. We really appreciate
the designation this Saturday as Florida Panther Festival Day, which is
October 29th at North Collier Regional Park from 10 to 4. It's a free
event for the general public, and we really hope everybody is able to
Page 16
October 25, 2011
join us for the event.
And I want to say a special thank you to the steering committee
of the Florida Panther Festival, and some of those people are here with
me today. Tom Trodda (phonetic) with the Friends of the Florida
Panther Refuge; Brad Cornell with Collier County Audubon; and Tim
Thompson with Defenders of Wildlife.
These are just a few of the people who have been working with
us for this event which involves multiple federal, state, local
governments and nonprofits and businesses in Collier County, Lee
County, Hendry County, basically Southwest Florida.
This is a collective effort from all of us to be talking about
panther safety and living with wildlife successfully in Collier County
and beyond. And it's a chance for us to have some interaction with the
community to really be able to express how important it is to be able
to live with wildlife successfully in this area, and that's going to be
accomplished in part by having panther biologists give presentations
on Saturday. They're going to have all their equipment laid out for
display so everybody can see what they do and how they do it.
We're going to have hikes at the park that are going to talk about
panthers and living with panther country. We're going to have a
demonstration livestock pen, which I think is one of the most exciting
parts about the event, and that's going to be just an example of what
people can do in their yards to be able to protect their livestock and
their pets from any wildlife, any predators that are in the area.
And we're going to have lots of other cool things in the event as
well. So this is really a very, very collective effort. And I can't say
enough for everybody who's pulled together to make this happen.
It's going to be a great thing for the citizens of the area, for
businesses, and for government as well.
So thank you very, very much. Appreciate it.
CHAIRMAN COYLE: Thank you.
(Applause.)
Page 17
October 25, 2011
Item #4F
PROCLAMATION DESIGNATING OCTOBER 17-21,2011 AS
ACCOUNTS PAYABLE WEEK. ACCEPTED BY BONNIE BAER,
ASSISTANT GENERAL OPERATIONS MANAGER, CLERK OF
COURTS FINANCE — ADOPTED
MR. OCHS: Commissioners, our final proclamation this
morning is 4F. It's a proclamation designating October 17th through
21 st, 2011, as Accounts Payable Week. To be accepted by Bonnie
Baer, assistant general operations manager, Clerk of Courts Finance,
and this item is sponsored by Commissioner Henning.
(Applause.)
CHAIRMAN COYLE: Are you going to have something to say,
or Crystal Kinzel's going to have a remark?
MS. KINZEL: Thank you, Commissioner Coyle and the
commissioners, for recognizing the AP staff. They work all year long
to pay the bills for Collier County.
And we'd also like to recognize -- we have a lot of hands. We'd
also like to take this opportunity, Commissioner -- one of our team
members, our payroll supervisor, Lynn Tynski, who was with the
Clerk's Office for 17 years and worked diligently to make sure that
everyone in the clerk's agency, the board's agency, and Supervisor of
Election was paid on time -- Lynn passed away last Tuesday, and she's
appreciated, and we just wanted to recognize her and remember her.
And if everyone would keep her and her family in your thoughts
and prayers. There will be a service starting at 6 p.m. this Thursday at
the Muller- Thompson Funeral Home with a service also at seven
o'clock.
So we just wanted the county staff and everyone to just take a
moment and keep her family in our thoughts and prayers.
Thank you for the recognition.
October 25, 2011
(Applause.)
MR. OCHS: Mr. Chairman, if I could have a motion to approve
the proclamations.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER FIALA: Motion to approve -- oh, second.
CHAIRMAN COYLE: Motion to approve by Commissioner
Henning, second by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Okay. The proclamation -- any opposed,
by like sign.
(No response.)
CHAIRMAN COYLE: The proclamations are approved
unanimously.
Item #6A
PUBLIC PETITION REQUEST FROM MICHAEL K. CORRADI
ON BEHALF OF CORRADI AIRPORT ROAD INC.,
REQUESTING THAT THE BOARD OF COUNTY
COMMISSIONERS WAIVE THE SMALL SCALE AMENDMENT
FEE AND DIRECT STAFF TO COORDINATE A SMALL SCALE
AMENDMENT RELATED TO THE ORANGE
BLOSSOM /AIRPORT CROSSROADS COMMERCIAL SUB-
DISTRICT - MOTION TO BE BROUGHT BACK TO A FUTURE
MEETING — APPROVED
October 25, 2011
MR. OCHS: Commissioners, that takes us to Item 6 this morning
on your agenda, public petitions. 6A is a public petition request from
Michael K. Corradi on behalf of Corradi Airport Road, Incorporated,
requesting that the Board of County Commissioners waive the small
scale amendment fee and direct staff to coordinate a small scale
amendment related to the Orange Blossom/Airport Crossroads
Commercial Subdistrict.
Good morning, Mr. Corradi.
MR. CORRADI: Good morning, Commissioners. I'm here today
to ask the commissioners for their permission to remove one
paragraph from my GMP amendment that was approved dated
October 14, 2008.
Back in 2006 the transportation and staff -- back in 2006 the
transportation and staff felt that the Orange Blossom/Airport Road
intersection was not sufficient, but that is not the case today. So what
I'm here today, to see if we could remove this one paragraph. And I
think this was done in a similar situation with Davis Village.
And so I would be willing to pay for the advertising expenses to
advertise this in the public forum, Naples Daily News, and also pay
for the submittal at the state to resubmit this to remove this one small
paragraph.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: Yeah, I'm in favor of giving
staff direction to bring it back for a small scale amendment, as long as
the petitioner is willing to pay the actual costs.
CHAIRMAN COYLE: Okay. That is a denial of the petition
then.
COMMISSIONER HENNING: No.
CHAIRMAN COYLE: Or a modification of the petition?
COMMISSIONER HENNING: The actual cost is what you're
asking that -- you're willing to pay; is that correct?
MR. CORRADI: No, I'm not willing to pay the small scale
Page 20
October 25, 2011
amendment fee.
COMMISSIONER HENNING: No, I didn't say that.
MR. CORRADI: Okay.
COMMISSIONER HENNING: It's what you said you would do,
and I'm not -- you know, not hearing from staff -- would be the actual
-- the actual costs, not the fee associated with the small -scale
amendment.
MR. CORRADI: That's true, yes.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: And that fee would include --
MR. CORRADI: That fee would --
CHAIRMAN COYLE: -- the advertising.
MR. CORRADI: Advertising fee and the submittal back to the
state.
CHAIRMAN COYLE: The cost of the -- cost of the submittal --
preparing the submittal to go back to the state, right?
MR. CORRADI: That's correct.
CHAIRMAN COYLE: Okay. And is -- Commissioner Coletta,
go ahead.
COMMISSIONER COLETTA: Yes. Just -- this is the right
thing to do, I mean, in a time when small businesses are taking a
beating. When this was put together, there was -- there was some
growth taking place out there, and there was some projected growth
that was probably unrealistic by most terms and got swept up into it,
and we've made this type of correction a couple times already for
other PUDs, and I totally support bringing it back.
CHAIRMAN COYLE: Okay. And, County Manager, the staff
obviously has no objection to this? Executive summary is saying that
they are in agreement with this process.
MR. OCHS: Yes, sir, that's correct.
CHAIRMAN COYLE: So -- Commissioner Fiala?
COMMISSIONER FIALA: Okay. So I just wanted to make
Page 21
October 25, 2011
sure what I heard. Was that a motion, Commissioner --
COMMISSIONER HENNING: Yes.
CHAIRMAN COYLE: Yes.
COMMISSIONER FIALA: -- Henning, and a second,
Commissioner Coletta?
COMMISSIONER COLETTA: Well, I would --
CHAIRMAN COYLE: Direction.
COMMISSIONER COLETTA: --directing staff.
COMMISSIONER FIALA: Okay. To bring it back?
CHAIRMAN COYLE: That's correct.
COMMISSIONER FIALA: Okay.
CHAIRMAN COYLE: Okay. All in favor, please signify by
saying aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
Commissioner Hiller, you have --
COMMISSIONER HILLER: No. I was going to comment
before we took the vote.
CHAIRMAN COYLE: Oh, okay. Then it's done.
Thank you.
MR. CORRADI: Thank you very much.
MR. OCHS: Item 6B.
COMMISSIONER FIALA: Do you know what "It's done
means "? That means it's coming back, right, Mr. Corradi? So you'll
be coming back again --
MR. CORRADI: One more time.
COMMISSIONER FIALA: -- for the presentation.
Okay. Thank you.
Page 22
October 25, 2011
COMMISSIONER HENNING: For the small scale amendment.
CHAIRMAN COYLE: Amendment, yeah.
Item #6B
PUBLIC PETITION REQUEST FROM FRANK DETHLEFSEN
REGARDING PAYMENT FOR THE RELOCATION OF THE
PROPERTY APPRAISER'S OFFICE - MOTION TO BE
BROUGHT BACK TO A FUTURE MEETING — APPROVED
MR. OCHS: 6B is a public petition request from Frank
Dethlefsen regarding payment for the relocation of the Property
Appraiser's Office.
MR. DETHLEFSEN: Good morning. Good morning,
Commissioners.
I apologize, first of all -- first of all, I probably should introduce
myself. My name is Frank Dethlefsen. I'm the owner of Suncoast
Moving & Storage. And after all these nice proclamations that were
done this morning, I truly apologize to stand before you with the issue
that I currently have at hand. But the reason that I stand before you
today is because I've exhausted all avenues that are available to me.
In July of 2010, my company relocated the Property Appraiser's
Office. And as of today, we have an unpaid balance of $6,923.57 of
an originally billed amount of $58,727.55 approved for billing by the
Facilities Management and the Clerk's Finance and Accounting
Department on -- of your county, which came before you for final
approval on October 12, 2010.
Collier County's Facilities solicited in April of 2010 the sealed
bid for the relocation services of the Property Appraiser's Office. The
bid was to include the disassembly, reassembly, and relocation of the
existing modular furniture and all other remaining furniture,
computers, plotters, copiers, file cabinets, as well as any boxes to
Page 23
October 25, 2011
Radio Road to its current location.
On April 27, 2010, Suncoast Moving & Storage submitted a
proposal and was awarded the contract on May 25, 2010. Suncoast
Moving & Storage was provided with the interior design
specifications by the Facilities Management Department and the
Property Appraiser's Office.
We were told by both the Facilities Department and the Property
Appraiser's Office that no new modular furniture purchase would be
necessary and that no changes on the submitted design drawings
would occur.
Suncoast Moving & Storage engaged in the relocation -- in
relocating the Property Appraiser's Office on July 12, 2010, and
successfully completed the reconfiguration, installation, and relocation
of all requested changes by July 29, 2010.
Suncoast Moving & Storage prepared its final invoice with all
supporting documents signed off by the Property Appraiser's Office on
August 2, 2010, and forwarded it to Collier County Finance Account
-- Accounts Payable Department.
The Facilities senior project manager, Hank Jones, and staff
reviewed and forwarded our invoices for payment.
On September 22, 2010, Suncoast Moving & Storage receives an
email from Mr. Hank Jones, which copies Mr. Skip Camp, Director of
Facilities, County's Facilities, Bonnie Blair, the Assistant General
Operations Manager, and the Clerk's -- of the Clerk's Finance and
Accounting Department and Suncoast Moving & Storage's
Accounting Department, which informed Suncoast that the Collier
County Finance Department has prepared payment under the Contract
No. 10 -5443 for the Property Appraiser's Office relocation and asks
for Suncoast Moving & Storage to please complete the attached wire
transfer document which would provide payment to Suncoast the
following day.
Mr. Hank Jones goes on to say in that email the amount of the
Page 24
October 25, 2011
transfer would be 4,000 -- $49,620.49, and due to the total amount of
Suncoast invoice exceeding the original Collier County Board
approved purchase order of $50,000, would require additional Board
of County Commissioners' approval.
The email continues to say that the payment for the remaining
$9,107.06 would occur after the Board of County Commissioners
approves this item, which will be scheduled for October 12, 2010, and
would be paid in the same manner by wire transfer if approved.
October 12, 2010, you, the Board of Collier County, meets and
approves under Item E, Administrative Services Section 3 the
recommendation to approve Purchase Order 4500118122 to Suncoast
Moving & Storage under the current Collier County Relocation Bid
10 -5443, the amount of Suncoast billed invoice of $58,728, and
further recommends to authorize the continued use of the referenced
contract with Suncoast Moving & Storage. Suncoast Moving &
Storage bills the Collier County Finance Department on October 12th
for the remaining $9,107.06 thinking that payment would -- should
arrive -- excuse me -- shortly after the date as originally suggested in
the email from the Facilities Management Department.
Not having any response from the Finance Department, Suncoast
Moving & Storage sends, on October 12, 2010, an email to the
Finance Department requesting payment. The Finance Department
responds to our email informing Suncoast Moving & Storage that the
remaining balance of $9,107.06 is now under review and her office
will be in touch with us.
Suncoast replies and asks if any additional information is needed
and -- with the response that no additional information is needed.
Time elapses and Suncoast Moving & Storage receives a call
from the Finance Department informing our Accounting Department
that the full payment of $9,107.06 will not be made but rather a new
amount of $2,550.56 will now be wire transferred to Suncoast Moving
& Storage's account -- excuse me -- which was received on November
Page 25
October 25, 2011
305 2010; however, falling well short of the full unpaid balance by
$6,923, we asked for an explanation. The explanation we received,
and going forward, the correspondence that we received has only been
verbally.
And so it is my understanding that the County Commissioners
are not really responsible -- because as my presentation will show, is
not really responsible for the county clerk's office because it's a
separately elected office and so on, so forth; however, the reason why
I'm bringing this before you is because you, the board, had signed our
contract, approved our contract, and authorized the County
Commissioners' Office to sign our contract or engage in the moving
services, approved the dollar amounts and so on, so forth. And that's
why I'm standing before you, because we're at odds. We don't have an
answer.
So that -- okay. So the explanation that we verbally received by
the Finance Department is that the improper contract pricing method
for the Property Appraiser's Office was applied, that instead of the
current approved Contract 10 -5443 that had been awarded in March of
2010, the previous contract put into effect February of 2006, Contract
No. 06 -3984 for full service professional movers, should have been
applied.
The contract had been reviewed in February -- had been renewed
in February of 2009 for the period of one year from June 20, 2009,
until June 19, 20101 and was utilized to relocate the annex building
and Finance Department -- and the Finance Department further went
on to say that since no official transfer of the 2006 extended contract
to the new 2010 contract occurred, the pricing method of the 2006
contract would apply.
I contacted the Finance Department and requested clarification of
what my Accounting Department had informed me of and responded
in defense that the new contract posted February 12, 2010, and notice
of award March 17, 2010, was the implemented contract pricing used
Page 26
October 25, 2011
to provide a bid to relocate the Property Appraiser's Office, Contract
No. 10 -5443.
The same contract number that the County Clerk's Office asked
you, the commissioners, to approve on October 12th for full payment
of $58,727.55 under that contract additionally requested the renewal
authorization of our relocation services contract.
The Finance Department apologized and stated there's nothing
they can do; the decision has been made. And at the end of it -- and
that's the end of it.
I went on to reiterate that the moving and relocation contract was
issued in March of 2010, and the Property Appraiser's Office moved
in July of 2010, well past the extended contract term which had
expired in June of 2010, and that the submitted pricing structure was
based on the 2010 award contract term, not on the old six -- 2006
contract, which was extended in 2009 for that 12 -month period.
Unfortunately, with no prevail and, most noteworthy, no written
or other type of documentation to explain the position of the Collier
Clerk's Finance and Accounting Department, and -- other than this
verbal communication and bank transfer of a much lesser amount
invoiced.
Although repeated requests were made to receive a document and
explanation defining the position of the County Clerk's Office, to date
none have been received.
Suncoast Moving & Storage then contacted Skip Camp, Director
of Facilities Management, and asked him to assist us in the final
payment, per his department's request under the already approved
contract and board approved payment balance on October 12, 2010.
It is noteworthy that the County Clerk's Finance and Accounting
Department also submitted to you that request prior to your approval.
Unfortunately, Mr. Camp stated that he could not assist us in
getting paid since the County Clerk's Office and the Accounting
Department did not fall under his jurisdiction and went on to say that
Page 27
October 25, 2011
the department, although part of the county, acts independently and is
not under any direction since it is a separately elected office.
I reiterated to Mr. Camp that the department and the Clerk's
Finance and Accounting Department recommended payment and
contract renewal in October of twenty -- 2010.
So at the end -- I'm almost done. So at the end of 2010, just
before Christmas I went to see the County Manager's Office, Mr.
Ochs, and -- to ask him to assist Suncoast Moving & Storage in
receiving final payment or a written explanation.
CHAIRMAN COYLE: You need to wrap it up pretty quickly.
MR. DUESTERHOEFT: Yes, sir.
CHAIRMAN COYLE: Your time has long since expired.
MR. DUESTERHOEFT: I appreciate it. I will submit this for
the record.
CHAIRMAN COYLE: Yes, please, yeah. I think we've got the
gist of the issue. And, of course, you understand that the purpose of
this hearing is to determine if we should bring it back for a full hearing
at a later date. It's not to solve this problem right now, because there
are a lot of details here that have to be gone over.
Commissioner Henning?
COMMISSIONER HENNING: Just a question for staff. How
many contracts do we have? And if we only have one, is it the 2006
or the 2010?
MR. OCHS: Ms. Price will address that, Commissioner, for you.
MS. PRICE: Commissioners, we had -- the '06 contract was
valid through June. New contract was --
CHAIRMAN COYLE: June of what year?
MS. PRICE: June of 2010. The new contract was issued in
March.
CHAIRMAN COYLE: What year?
MS. PRICE: Of 2010. And the work was to be done in July of
2010 after the first contract had expired. We issued the purchase order
October 25, 2011
on the new contract, the 2010 newly competed contract.
COMMISSIONER HENNING: Well, I guess I'm in favor of
bringing that back with more details.
CHAIRMAN COYLE: Okay. Is that a motion?
COMMISSIONER HENNING: Yeah, that's a motion.
COMMISSIONER FIALA: I'll second it.
CHAIRMAN COYLE: Okay. We have a motion by
Commissioner Henning to bring it back for consideration at a public
hearing, second by Commissioner Fiala.
Commissioner Hiller?
COMMISSIONER HILLER: Yeah. Len, this contract, the 2010
contract, was competitively bid, correct?
MS. PRICE: Competitively quoted. It was expected to be a
contract under $50,000.
COMMISSIONER HILLER: And so it never came before the
Board of County Commissioners, and staff approved that contract?
MS. PRICE: Until it was about to go over the 50,000, and then it
was approved by the commissioners on October the 12th of 2010.
COMMISSIONER HILLER: Okay. Because I'm reviewing the
notes here, and my understanding is that this contract was awarded,
and it was anticipated to be under 50,000. It was not board approved.
There were three quotes. Suncoast Moving & Storage came in as the
lowest quote at 43,405, a PO was signed with Suncoast to include the
additional items as requested by the property appraiser for 48 eight,
and then work started in June. Then on --
MS. PRICE: In July.
COMMISSIONER HILLER: Well, my understanding is that the
work first started in June. But then there was a change order, okay.
There was a change requested by Suncoast for additional work on
June the 16th for $9,000, that there was no formal change order done,
which increased the total to 58,700, which was over the 50,000
threshold and significantly higher than the other two bids which were
Page 29
October 25, 2011
56 and 52 respectively compared to the 43.
The work continued, and then the invoice was finally submitted
in August, and a payment, as was described, was made in September
for 49,620.
And then in October, as you say, that was when this matter was
brought to the board with respect to the increased costs over 50,000.
So -- and then you've got the issue of the two different pay rates
pursuant to these two contracts.
I really have a concern with how this whole contract was handled
from a purchasing standpoint, and I think it highlights a real weakness
in our purchasing systems.
And if I remember correctly, we had hired an attorney; the board
approved about $10,000 to hire an outside attorney, and he was
supposed to evaluate how we handle purchases, and you were
supposed to come back and report to us what recommendations he had
for improvements. I mean, this is an example of the kind of problems
we should not be having. I mean, you know, it goes -- the fact that
this didn't come back to the board, that we're delegating discretionary
spending authority and we're running into problems like this is exactly
what should not occur.
Based on what I'm looking at and based on what I have reviewed
in terms of the documents here, it does not appear that this gentleman,
unfortunately, is entitled to any more money.
CHAIRMAN COYLE: Well, that's not --
COMMISSIONER HILLER: So I would not be able to support
bringing this back. But I just want to explain that based on all the
information we have.
CHAIRMAN COYLE: Commissioner Hiller, the motion is not
to award any more money or to even resolve this at the present time.
COMMISSIONER HILLER: I understand, but that is --
CHAIRMAN COYLE: The issue --
COMMISSIONER HILLER: -- that is what the petitioner is
Page 30
October 25, 2011
requesting. The petitioner is requesting that we bring this back to
consider him being awarded the additional dollars. And because of
what I have determined, I don't think that would be possible.
CHAIRMAN COYLE: Well, Commissioner Hiller --
COMMISSIONER HILLER: But I just want to explain that --
CHAIRMAN COYLE: -- we're bringing it back for a full
hearing so we can determine the accuracy of what you're saying also.
COMMISSIONER HILLER: I'm saying I don't believe that
there's a need to bring it back. I think the evidence is clear as to what
the situation is and why it has occurred the way it has. And I just gave
you the chronology with respect to this particular contract.
So, unfortunately, I can't support it. And for the benefit of the
gentleman, I just want to be fair with you and explain to you why I
can't and why I don't think we need to move it forward.
COMMISSIONER FIALA: Call for the question.
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
COMMISSIONER HILLER: Aye.
CHAIRMAN COYLE: So you will get a public hearing, and we
will have testimony on both sides of this, and we will determine what
was done and whether or not it was done correctly.
MR. DETHLEFSEN: Thank you.
CHAIRMAN COYLE: And we will determine whether or not it
was fair to deny you the payment or not. That's what a public hearing
is for. Thank you.
MR. DETHLEFSEN: Thank you.
COMMISSIONER HILLER: No, I'd like to make a comment.
Page 31
October 25, 2011
CHAIRMAN COYLE: Go ahead.
COMMISSIONER HILLER: I really would like to see that
report that the board authorized. I've never received a copy of it. I
would like to know what was recommended and -- thank you -- and I
would specifically like to know what this attorney said with respect to
the delegation of discretionary spending authority to staff.
So, you know, if staff could please send me a copy -- Leo, if you
could please send me a copy of that attorney's report, and if you could
bring this back as an agenda item because, you know, obviously, there
are problems. When I look at what happened here, I just would hate
to see this happen to another vendor.
MR. OCHS: Yes, ma'am.
CHAIRMAN COYLE: Thank you very much, sir.
COMMISSIONER HILLER: Thank you.
MR. DETHLEFSEN: I wanted to give the copy of my full --
you.
CHAIRMAN COYLE: You can --
MR. OCHS: To the court reporter right there.
CHAIRMAN COYLE: -- place it right there on her desk. Thank
MR. DETHLEFSEN: Thank you.
MR. OCHS: Commissioners, that takes us to Item 9 on your
agenda this morning.
Item #9A
RESOLUTION 2011 -196: REAPPOINTING PAT HUMPHRIES TO
THE GOLDEN GATE ESTATES LAND TRUST COMMITTEE —
ADOPTED
MR. OCHS: 9A is appointment of member to the Golden Gate
Estates Land Trust Committee.
COMMISSIONER COLETTA: Motion to approve the
Page 32
October 25, 2011
committee's recommendation of Pat Humphries.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion to approve the committee's
recommendation for -- of Pat Humphries by Commissioner Coletta,
seconded by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It passes unanimously.
Item #9B
RESOLUTION 2011 -197: APPOINTING BRUCE BARONE JR. TO
THE CONSERVATION COLLIER LAND ACQUISITION
ADVISORY COMMITTEE — ADOPTED
MR. OCHS: 9B is appointment of member to the Conservation
Collier Land Acquisition Advisory Committee.
COMMISSIONER FIALA: Motion to approve Jacob Winge.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: All in favor -- motion by Commissioner
Fiala to appoint Jacob Winge and seconded by Commissioner Coletta.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
COMMISSIONER HILLER: Aye.
Page 33
October 25, 2011
CHAIRMAN COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It looks like the motion fails with
Commissioner Hiller, Coyle, and Henning dissenting.
I will make a motion for the committee recommendation of
Bruce Barone, Jr.
COMMISSIONER HILLER:
CHAIRMAN COYLE: Okay.
I'll second that.
Seconded by Commissioner
Hiller.
All in favor, please signify by saying aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: Okay. The motion passes unanimously.
Thank you.
Item #9C
RESOLUTION 2011 -198: APPOINTING CHARLES F. HAWKINS
TO THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY
BOARD — ADOPTED
MR. OCHS: 9C is appointment of member to the Ochopee Fire
Control District Advisory Board.
COMMISSIONER COLETTA: Motion to approve the
committee's recommendation.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion by Commissioner Coletta to
Page 34
October 25, 2011
approve the committee's recommendation of Charles F. Hawkins,
seconded by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: Okay. It passes unanimously.
Item #9D
RESOLUTION 2011 -199: REAPPOINTING DALE M. JOHNSON
TO THE RADIO ROAD EAST OF SANTA BARBARA
BOULEVARD TO THE INTERSECTION OF RADIO ROAD AND
DAVIS BOULEVARD ADVISORY COMMITTEE — ADOPTED
MR. OCHS: 9D is appointment of member to the Radio Road
East of Santa Barbara Boulevard to the intersection of Radio Road and
Davis Boulevard MSTU Advisory Committee.
COMMISSIONER HENNING: Move to approve -- reappoint
Dale Johnson.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Commissioner Henning motioned to
approve reappointment of Dale M. Johnson, who is the committee
recommendation, and seconded by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER HILLER: Ave.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
Page 35
October 25, 2011
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: The motion passes unanimously.
Item #9E
RESOLUTION 2011 -200 REAPPOINTING BRUCE FOREMAN TO
THE VANDERBILT BEACH BEAUTIFICATION MSTU
ADVISORY BOARD — ADOPTED
MR. OCHS: 9E is appointment of a member to the Vanderbilt
Beach Beautification MSTU Advisory Committee.
COMMISSIONER FIALA: Motion to approve the committee
recommendation of Bruce Forman.
CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala to
approve the committee recommendation of Bruce Forman. Seconded
by?
COMMISSIONER HILLER: Myself.
CHAIRMAN COYLE: Commissioner Hiller.
All in favor, please signify by saying aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE:
Item #9F
It passes unanimously.
Page 36
October 25, 2011
ADVISORY BOARD VACANCIES — READ INTO THE RECORD
MR. OCHS: 9F, advisory board vacancies as of October 11,
2011, press release.
Mr. Mitchell?
MR. MITCHELL: Sir, the press release that we're looking at
now was issued on October 11 th and actually expires tomorrow
evening.
The Affordable Housing Advisory Committee currently has five
vacancies. The Black Affairs Advisory Board has one vacancy. The
Collier County Planning Commission has one vacancy. The -- and
that is for a representative for District 2. The Consumer Advisory
Board has two vacancies. The Development Services Advisory
Committee has six vacancies.
The Golden Gate Beautification Advisory Committee has one
vacancy. The Golden Gate Community Center Advisory Committee
has three vacancies. The Golden Gate Estates Land Trust Committee
has one vacancy. The Hispanic Affairs Advisory Committee has three
vacancies.
The Immokalee Beautification MSTU Advisory Committee has
one vacancy, and the Immokalee Enterprise Zone Development
Agency has one vacancy. The Isle of Capri Fire Control District
Advisory Committee has two vacancies.
The Radio Road East of Santa Barbara Boulevard to Davis
Boulevard Advisory Committee has one vacancy. The Vanderbilt
Beach Beautification MSTU has one vacancy. The Value Adjustment
Board has one vacancy for a citizen to act as an alternate member, and
the Water and Wastewater Authority has one vacancy, and the
Housing Finance Authority has one vacancy.
Thank you.
CHAIRMAN COYLE: Okay. Thank you very much.
Page 37
October 25, 2011
Item #9G
DIRECT THE COUNTY MANAGER TO PLACE ON THE BCC
CONSENT AGENDA ALL INTERNAL STAFF
INTERPRETATIONS OF THE LAND DEVELOPMENT CODE
AND PERMIT REQUIREMENTS THAT COULD APPEAR TO BE
MORE RESTRICTIVE — MOTION TO PUT ALL PAST AND
FUTURE INTERPRETATIONS, WHETHER MORE
RESTRICTIVE OR LESS RESTRICTIVE ONTO THE CONSENT
AGENDA — APPROVED
MR. OCHS: 9G, to direct the county manager to place on the
BCC consent agenda all internal staff interpretations of the Land
Development Code and permit requirements that could appear to be
more restrictive. This item was brought forward by Commissioner
Henning.
COMMISSIONER HENNING: Yeah, thank you.
I think because these -- and especially because of these economic
times that the board be more aware and take action that regulations not
adopted by the board be placed on our consent -- consent agenda for
us to memorialize or have more discussion and possibly action.
As far as the Florida Building Code and some of the
requirements, such as water heaters, so they say, I think the board has
the ability to petition the Florida Legislation to make changes and use
a little bit of common sense. It's not a time to enact more government
on the residents in Collier County.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. The first part there on the
idea of making sure we put it in the consent agenda so we can keep
track of it in a more orderly fashion as far as any interpretations, that's
an excellent idea, and I second Commissioner Henning's motion on
October 25, 2011
that. The other -- and thank you for bringing that forward. It's
something we should have done a long time ago.
The other part as far as reaching out to our legislators, if
Commissioner Henning's suggestion is we should bring it back to give
direction, I'm not too sure when we're going to be -- we're going to --
we're going to the Florida Association of Counties in November. If
we get direction, we could make that one of our objectives to be able
to move it forward for the legislative session they're going to be
coming up with for their own particular agenda for what they're going
to be lobbying for.
CHAIRMAN COYLE: Okay. I -- I'm a little confused about the
intent of the proposal. It says that all internal staff interpretations
should be placed on the BCC agenda if they are, in fact, more
restrictive. The problem is that staff interpretations that are less
restrictive can be just as damaging. For example, let's suppose staff
decides that buildings can be 250 feet tall rather than what the current
LDC requires and grant some variances, and the same with fences.
So if the intent is to review internal staff interpretations of the
Land Development Code whether they're more restrictive or less
restrictive, I think it's a good idea that we understand what they are.
And I thought the intent was to place these in the consent agenda
very much the same way that the change orders that the staff approves
are placed in the consent agenda for us to review, and then we can
manage them on an exception basis. I thought that was the original
intent of your motion. Is that --
COMMISSIONER HENNING: That is a part of it -- of my
recommendations. There is no motion.
CHAIRMAN COYLE: Yeah.
COMMISSIONER HENNING: I hope you recognize that.
COMMISSIONER COLETTA: I'm sorry. I thought you were
making a motion.
COMMISSIONER HENNING: And right now there's no
Page 39
October 25, 2011
motion.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: This is a discussion item to give
direction.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: My point is, because of the
economic times, I don't think that we need to be more restrictive.
Now, if you want all staff internal interpretations on the code,
then there's a bunch of them; presently there's a bunch of them. In
fact, I have a booklet. I'm not sure if it's complete. Actually, I have
three books dating back as far as the 1980s.
I have no problem with putting that on the agenda as far as the
board memorializing it or -- and/or giving direction. My whole point
of this is we're in an economic recession, if not a depression. We don't
need more government to be more restrictive on people if it's not
needed.
But if it's the majority of the Board of Commissioners who want
to put all those staff interpretations on there, including permit
requirements that are -- appear to be more restrictive, I have no
problem with that at all.
CHAIRMAN COYLE: The -- Nick, you insist on saying
something. What is it?
MR. CASALANGUIDA: I put my foot in my mouth,
Commissioners. Good morning. For the record, Nick Casalanguida.
I had this discussion with Commissioner Henning, and comments
that you had raised, Commissioner Coyle. I agree with putting these
on the record as a consent - agenda item. Some of your older ones, I
would say not only because some of those have been superseded by
LDC changes or may not be pertinent anymore -- but I think certainly
going forward staff is extremely comfortable putting something on a
consent agenda when an interpretation, either less restrictive or more
restrictive, is done. I think it's good practice.
October 25, 2011
COMMISSIONER HENNING: Well, here's the only problem
with that. We are not aware of -- because of the interpretations -- and,
in fact, the water heater issue was brought to us by the residents. We
should have that information coming from staff before we get it from
residents, before it's applied to residents.
So I would want all those that appear to be more restrictive in the
Land Development Code than the written content of the Land
Development Code. If it can be interpretated (sic) that it's more
restrictive, past ones, I want it on the agenda.
And as far as the permitting, those items we might be able to take
action in the future with our legislators to say, this is not needed at this
time. Would you please do some codifications of the Florida Building
Code.
MR. CASALANGUIDA: Well, two things, then, sir.
Going forward, easily standard practice for us to put them on the
agenda. Going backward, it would take us some time; I know they're
from different zoning directors that have been compiled over the past
109 15 years. If it was the board's will, we could certainly put a
project together and find out which ones no longer apply, bring them
forward in one lump sum. I mean, that's at your direction,
Commissioners.
CHAIRMAN COYLE: Okay. Now, I -- can I speak now? You
took my light.
The -- I think your suggestion is a good one, but we have to
understand that more restrictive, less restrictive, we have to do them
both --
COMMISSIONER HENNING: That's fine. I'm fine with that.
CHAIRMAN COYLE: -- because a less restrictive requirement,
in fact, can have a negative impact on communities and/or businesses
just as a more restrictive one can.
But -- so I would like to see it happen going forward, and that
way we can take a look at them, and if we see something we want to
Page 41
October 25, 2011
elevate to our consideration at a future board meeting, we can do that.
And if it -- we want to appeal to the Florida legislature, then we have
that option also.
So I would -- I would like the motion, if we're going to go both
ways, more restrictive, less restrictive, going forward.
COMMISSIONER COLETTA: Is that a motion?
CHAIRMAN COYLE: That's a -- no. It was Commissioner
Henning's idea, so I think it's a good idea. I think if -- he ought to
have a motion to support his proposal.
COMMISSIONER HENNING: Well, that's fine. I'll make a
motion that we direct staff to put on a future consent agenda all
internal staff --
CHAIRMAN COYLE: Interpretations.
COMMISSIONER HENNING: -- interpretations, Land
Development Code, and all permits. We see the permits, but the ones
that -- those booklet permits, what do you call those? I apologize --
MR. CASALANGUIDA: The booklet permits, the prepaid ones.
COMMISSIONER HENNING: Prepaid. Prepaid ones is the one
that the board hasn't approved, such as water heaters. Those are
incidental permits.
MR. CASALANGUIDA: So anything required through the
Florida Building Code that we would apply as an interpretation, you
want to see those as well, too, from our building official?
COMMISSIONER HENNING: Yes.
MR. CASALANGUIDA: Okay, very good.
COMMISSIONER HENNING: Past and present.
COMMISSIONER COLETTA: And I'll second.
MR. CASALANGUIDA: Past is a little more --
CHAIRMAN COYLE: Yeah, that's a big workload.
MR. CASALANGUIDA: Only because -- like, we can do it, but
it certainly would take us some time.
COMMISSIONER HENNING: That's --
Page 42
October 25, 2011
MR. CASALANGUIDA: So if we -- you need me to schedule it,
I can work with the county manager and tell you what kind of
workload we're talking about, but --
COMMISSIONER HENNING: You don't have to bring them all
at once.
MR. CASALANGUIDA: We can certainly do it. I would have
to schedule it and put together a project management plan and let you
know how much time it would take us. Because, you're right, it is
three or four books that we'd have to go through and see which ones
no longer apply and which ones would apply. It can be done. It just
would take some time.
CHAIRMAN COYLE: Okay. A motion by Commissioner
Henning to place all staff interpretations of the Land Development
Code and other permit requirements going back to forever? 1980?
Whenever?
MR. CASALANGUIDA: Why don't I put something together
for the county manager to be -- give you an idea what it would take
and how far back we have?
CHAIRMAN COYLE: Well, this is a motion. We've got to vote
on the motion now. Either we do or we don't.
MR. CASALANGUIDA: Pick a date. I would say go back
maybe 10 years, or 15 years and stop there, because you recodified the
LDC several times. So I think if we say ten years going back to, you
know, the period of 2000 and bring those forward, we can do that in
one lump sum.
COMMISSIONER HENNING: Well, we definitely don't want
to see something that is not applicable anymore.
MR. CASALANGUIDA: We wouldn't bring those forward, I'm
saying, but --
COMMISSIONER HENNING: Right.
MR. CASALANGUIDA: Right.
CHAIRMAN COYLE: But you'd have to study them to
Page 43
October 25, 2011
determine it.
MR. CASALANGUIDA: Yes, sir.
CHAIRMAN COYLE: You pick them up in 1980, and then
you'd trace them through 2011, and if you find there's a modification
that's no longer relevant, you drop it off the thing, you've already
spent the time and effort trying to do it.
MR. CASALANGUIDA: You can see my dilemma.
CHAIRMAN COYLE: Yes, I see it exactly. That's why I prefer
going forward, but nevertheless, the motion doesn't say that.
So there's a motion by Commissioner Henning. Is there a second?
COMMISSIONER COLETTA: Yes, sir. Yes, I just made a
second.
CHAIRMAN COYLE: Okay. Seconded by Commissioner
Coletta.
Any further discussion about the motion?
COMMISSIONER FIALA: Yes.
CHAIRMAN COYLE: Yes. Commissioner Fiala, go ahead.
COMMISSIONER FIALA: I've been waiting patiently. I think
it's an excellent idea. I am concerned with how much money it's going
to cost us to do this and how much staff time, and do you have the
staff in order to do this? That's -- I know that you're running on a
skeleton crew, and so if you don't have the staff to do it and the money
in your funding to do it, maybe what you can do is do it, you know, a
year at a time or something or -- so that it doesn't -- it doesn't cripple
you and it doesn't cripple our system as well.
And I think that something that ought to be mentioned in here is,
I totally agree with Commissioner Henning. You know, we've had --
we've got too much government involved. It seems we can't even
move forward anymore, and that's a shame. And I think that we
should -- we should be using common sense in many of these things,
like the water heaters, for instance. And there are so many things
where you -- they just make common sense.
October 25, 2011
A shade difference of coloring in an art district, for instance, you
know, use some common sense there. But I think that -- I don't want
to hamper you. I don't want to limit it to just a certain time. Would
you be --
COMMISSIONER HENNING: No. I totally agree with that. I
said -- that's what I said is, you know, bring it back at -- piecemeal.
COMMISSIONER FIALA: Okay.
COMMISSIONER HENNING: And if you also look at the
agenda item, they also say that we need to also give staff some latitude
to --
COMMISSIONER FIALA: I like that.
COMMISSIONER HENNING: -- make certain things. And Mr.
Casalanguida is working on a proposal to bring it back to the Board of
Commissioners --
COMMISSIONER FIALA: And I like that. Yes, I thought that
was great.
COMMISSIONER HENNING: -- to, you know, not hamstring
new businesses or change of -- change of use.
COMMISSIONER FIALA: Because that's what it's all about,
isn't it --
COMMISSIONER HENNING: Absolutely.
COMMISSIONER FIALA: -- to try and encourage new
business? Right. Thank you.
CHAIRMAN COYLE: Commissioner Hiller?
COMMISSIONER HILLER: Yeah. You know, this goes to the
issue of sunsetting laws and regulations that make no sense. And so
with that in mind, what I would like to do -- and it basically follows
where Commissioner Henning is going -- and I applaud you for
bringing this forward and doing this, because you're absolutely going
in the right direction -- is I'd like to work with Jeff and with Leo to
bring back the following to the board, that all future Land
Development Code amendments have a sunset provision in them so
Page 45
October 25, 2011
that they expire at some point in time, because obviously having all
these laws and rules and regulations carry on and on is very costly to
the community.
Engineers have to research just a boatload of material that they
really shouldn't have to be looking at to determine whether or not they
do or don't apply to whatever project; same for architects, you know,
same for all the other professionals.
The other thing is -- and I would ask Jeff about this. With respect
to the Land Development Code, could we, for example, as a preamble
to different sections or provisions, provide that something needs to be
strictly construed or can be broadly construed? So, for example, you
know, if there's a particular provision that says, you know, this must
be strictly construed as written, then you don't have staff trying to
interpret something. And I don't know if that would help, you know,
eliminate the volume of work.
And Leo and I spoke about that briefly, and we thought that
might, you know, facilitate further in addition to this.
MR. KLATZKOW: You can do that, but be careful what you
wish for. Right now you're in a period of significant economic
distress. You want businesses to grow. That pendulum's going to turn
one day. You may have staff broadly interpreting these things. You
may have development orders going out; the people now say, what's
going on here, and you may get things that you really don't want at
that point in time. So, yes, you can do that, but I would be careful
about that.
COMMISSIONER HILLER: So maybe if you -- instead of
saying "broadly construed," maybe just say "strictly construed" where
we know we want something strictly construed and then, you know,
eliminate the possibility for ambiguous interpretation.
MR. KLATZKOW: To protect your staff, you want it strictly
construed. That, getting to Commissioner Henning's concern, hurts
industry.
October 25, 2011
COMMISSIONER HILLER: Well, it may or may not, because
some regulation, you know, has to be strictly construed, and that goes
to Commissioner Coyle's point. Or we can talk about that further. But
I'd like to bring that back.
And I want to thank you for bringing this up, Commissioner
Coyle (sic). I think you did a great -- I mean -- God help me.
CHAIRMAN COYLE: No, that's Commissioner Henning.
COMMISSIONER HILLER: I'm so sorry. That was like --
forgive me. Never ever. Oh, God.
CHAIRMAN COYLE: Okay.
COMMISSIONER HILLER: Yeah, sorry. That was totally non -
Freudian.
CHAIRMAN COYLE: Yes, okay.
Okay. I think it's a great idea. I just don't like going back and
wasting a lot of staff time to do things. We can pick those up as we go
forward. But the idea is good, and if it were modified, I would vote
for it, but I'm not going to now.
So Commissioner -- we have a motion by Commissioner
Henning, a second by Commissioner Coletta, who now wants to
speak.
MR. OCHS: Mr. Chairman?
CHAIRMAN COYLE: Yes.
MR. OCHS: I'm sorry. Does that motion include Commissioner
Hiller's suggestion as well?
CHAIRMAN COYLE: It can't. It can't. She's asking for
permission to work with the county -- she's off on a different topic
now, so we can't include that in the motion unless Commissioner
Henning wants to make that part of the motion.
MR. OCHS: Okay.
CHAIRMAN COYLE: And I haven't seen any indication --
COMMISSIONER HENNING: She has the ability -- any
commissioner --
Page 47
October 25, 2011
CHAIRMAN COYLE: That's right.
COMMISSIONER HENNING: -- has the ability to ask
questions about the day to day operation or any part of government.
CHAIRMAN COYLE: That's right.
COMMISSIONER HENNING: And if she wants to work on
something to bring it back to the Board of Commissioners --
CHAIRMAN COYLE: More power to her.
COMMISSIONER HENNING: -- she has that right.
CHAIRMAN COYLE: That's right.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I agree with you,
Commissioner Coyle, after you explained it about the length of time.
And the -- and, Nick, thank you very much for clarifying it. It's not a
magic wand you can wave and go back into history without involving
a tremendous amount of staff time. And God forbid if you get it
wrong.
I think we have to come up with something with a more realistic
time frame as to what we're looking for, something that will have
some true meaning and won't confuse the public. If the motion won't
change, I'm going to have to withdraw my second.
CHAIRMAN COYLE: Okay. The motion dies for lack of
second.
COMMISSIONER HILLER: I'll second.
CHAIRMAN COYLE: Okay. Commissioner Hiller is going to
second it as it originally stood.
All in favor, please signify by --
COMMISSIONER FIALA: Let's repeat it one more time.
COMMISSIONER HILLER: Yeah. Can you -- could you
repeat it again?
COMMISSIONER HENNING: Well, the motion is to direct the
county manager to bring back future -- on a future agenda present and
future internal interpretations via staff on the Land Development Code
October 25, 2011
and more restrictive permitting requirements that are applied to the
public.
CHAIRMAN COYLE: Do you understand what you have to do
under that?
COMMISSIONER HENNING: Oh, you know, we know where
you stand, Commissioner Coyle, okay.
CHAIRMAN COYLE: No. I'm just --
COMMISSIONER HENNING: You're not in support.
CHAIRMAN COYLE: No. I just want to make sure the motion
is clear, because it gets more confusing each time you make it.
COMMISSIONER HENNING: It's the same motion.
CHAIRMAN COYLE: Okay.
MR. OCHS: That's my understanding. When the commissioner
says "present," that means everything that exists, past or present.
CHAIRMAN COYLE: Yes. That's what I was trying to
determine, if you understood it the way I understood it.
MR. OCHS: Yes, sir. That's the way I understand.
MR. CASALANGUIDA: More restrictive. And less restrictive
as well, sir?
COMMISSIONER HENNING: Yes.
CHAIRMAN COYLE: Okay. So the motion is to come back at
the next meeting --
COMMISSIONER HENNING: No.
MR. OCHS: No.
COMMISSIONER HENNING: I did not say that.
CHAIRMAN COYLE: Or present to the Board of County
Commissioners at a future meeting all of those interpretations that
have been made that are more restrictive or less restrictive; is that a
fair statement of the motion?
COMMISSIONER HENNING: You don't have to bring them all
back at once. I think that was clearly stated.
COMMISSIONER FIALA: And my last -- my question is, do
October 25, 2011
you have staff to do this and do you have funding, a budget to do this?
MR. CASALANGUIDA: No, ma'am, not real quick. I can do it
over time. What I would -- if the board would like to have this done,
I'd put together a project management plan and tell you when I could
do it and how long it would take me to do it without being a burden
that would take away from other things that we're doing. If it was to
take a year at a time and come back every six months and, you know,
do something like that, that's probably manageable. If you want to get
them all done and -- real quick, that's not manageable. So I would
come back with what I think is a reasonable schedule.
CHAIRMAN COYLE: Okay.
COMMISSIONER HILLER: It sounds fine.
CHAIRMAN COYLE: And that's acceptable to Commissioner
Henning, come back with what's reasonably acceptable by staff?
MR. OCHS: Yeah. The direction was to come back at a future
meeting or meetings.
COMMISSIONER HENNING: Yeah, right.
CHAIRMAN COYLE: All right. All in favor, please signify by
saying aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER HENNING: Ave.
CHAIRMAN COYLE:
(No response.)
CHAIRMAN COYLE:
Coletta dissenting.
Item #9H
Any opposed, by like sign.
Okay. It passes 4 -1 with Commissioner
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS DIRECT THE COUNTY MANAGER TO
Page 50
October 25, 2011
WORK WITH THE COUNTY ATTORNEY TO BRING BACK TO
A FUTURE BOARD MEETING (1) A RESOLUTION THAT
PLACES A SIX MONTH MORATORIUM ON SOLICITING
WITHIN THE COUNTY'S RIGHT -OF -WAY; AND (2) AN
AMENDMENT TO THE COUNTY'S SOLICITATION
ORDINANCE TO REQUIRE THOSE ORGANIZATIONS
COVERED BY THE FLORIDA SOLICITATION OF
CONTRIBUTIONS ACT TO PROPERLY IDENTIFY
THEMSELVES WHEN SOLICITING WITHIN COLLIER
COUNTY; REGISTER WITH THE COUNTY AND PROVIDE
PROOF OF PERMISSION TO SOLICIT AT SPECIFIED BUSINESS
LOCATIONS. ALSO TO DIRECT THE COUNTY MANAGER TO
PREPARE A LETTER TO THE STATE, TO BE SIGNED BY THE
CHAIRMAN, REQUESTING THAT THE STATE AUDIT THOSE
VETERAN SOLICITOR ORGANIZATIONS WHICH HAVE DONE
BUSINESS IN COLLIER COUNTY SINCE 2010 — MOTION TO
WRITE A LETTER REQUESTING THE STATE AUDIT THE
VETERAN ORGANIZATIONS THAT SOLICIT IN COLLIER
COUNTY — APPROVED; MOTION FOR THE COUNTY
MANAGER TO BRING BACK PROPOSED AMENDMENTS TO
THE COUNTY' S SOLICITATION ORDINANCE — APPROVED
MR. OCHS: Commissioners, 9H on your agenda this morning is
a recommendation that the Board of County Commissioners direct the
county manager to work with the county attorney to bring back to a
future board meeting, No. 1, a resolution that places a six -month
moratorium on soliciting within the county's right -of -way; No. 2, an
amendment to the county solicitation ordinance to require those
organizations covered by the Florida Solicitation of Contributions Act
to properly identify themselves when soliciting within Collier County,
register with the county, and provide proof of permission to solicit
specified business locations; also to direct the county manager to
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October 25, 2011
prepare a letter to the state to be signed by the chairman requesting
that the State audit those Veteran Solicitor Organizations which have
done business in Collier County since 2010.
This item was brought forward by Commissioner Coyle.
CHAIRMAN COYLE: Okay. Let me just make a few quick
introductory remarks. When we were originally discussing the
moratorium, we were talking about a period of time which would not
impact the Muscular Dystrophy Association's schedule, but it appears
that they're planning something on March the 12th of next year. So I
would suggest that the -- any moratorium that the board might wish to
consider to give us time to work out that process would not extend
beyond March the 1 st of 2011, because it really is a fairly arbitrary
time to allow us to sort out things and perhaps get audits from the state
concerning organizations that have been soliciting here that have
caused us some difficulty as far as enforcement of our regulations are
concerned.
So there also is a safety component to this issue. Just recently we
had a man killed, who was standing beside the road on the sidewalk,
by a careless driver. And soliciting in the roadways in Collier County
today is inherently dangerous, whether it's by firefighters or anyone
else, and I would like to evaluate the possibilities of moving those
collection processes to safer venues. So basically that's what we're
doing.
We have how many public speakers, Ian?
MR. MITCHELL: Just one, sir.
CHAIRMAN COYLE: Okay. Then, Commissioner Coletta, you
want to speak first or --
COMMISSIONER COLETTA: Well, yeah, just some brief
comments, if I may.
This whole issue of the solicitation originated with the -- some
veterans group that weren't quite sanctioned, that -- questionable what
they were doing with the funds. And you get right down to it, and
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October 25, 2011
safety is an issue. We may want to think about just limiting
solicitations to Emergency Response Organizations, and I think we
could legally do that with the caveat that these people are attuned to
what is needed for safety measures to be able to provide a safe
atmosphere for doing it. They wear clothing that's conducive to it.
They have equipment they can put out there that would warn the
public that there's something ahead.
I think it would -- it would get us to where we've -- we have
something that's traditionally been done in Collier County for quite a
few -- for a generation or two now, and to come to some sort of
agreement where we remove them from it because we're having a
problem with some veterans groups that aren't sanctioned to try to
make amends for what's taking place, I don't -- I think is going along
the wrong way.
Mr. Klatzkow, would it be possible to come up with a -- an
ordinance that would limit it just to emergency personnel?
MR. KLATZKOW: You have significant constitutional issues
there with equal protection. I mean, the general rule is what's good for
one is good for all, and you could argue that you were being arbitrary
and capricious by limiting it to a certain group.
COMMISSIONER HILLER: Absolutely.
CHAIRMAN COYLE: And firefighters are simply not immune
to being struck by automobiles, okay. And they're standing on the
corner trying to do a good thing. What's going to happen the next
time a careless driver runs over a couple of firefighters and kills them?
What was done in Collier County 10, 15, 20 years ago is different
from what is -- should be done in Collier County today. Traffic is
moving faster on most of those roads. Having emergency equipment
at the intersections is not the solution. Not only will it impede traffic
flow, but -- if we've got time to put emergency vehicles in
intersections to collect funding, then we certainly can't argue that
we've got shortages of emergency vehicles for our regular business.
Page 53
October 25, 2011
So I -- that is an issue -- and that's the reason it's proposed as a
temporary moratorium -- not banning it, but a moratorium -- to give
the firefighters and other legitimate organizations who do a wonderful
job collecting funds to see if they can't find a better venue for doing
that.
Walmart, Publix, any of those companies would be delighted to
have them there soliciting funds, and they attract a lot of people.
So I would merely ask that we use this period of time which will
not impact anybody, to the best of my knowledge, to evaluate -- let
them evaluate the possibility of having their funding done at other
venues.
The firefighters have been very helpful in raising funds for the
Freedom Memorial, and they don't do it at intersections. They do it at
other functions throughout Collier County.
So there are ways to raise the money for the Muscular Dystrophy
Association and for other causes. But it's a time period that is being
proposed to ask them to take a look at the way they do these things to
see if they can find a better venue, and that's what we're trying to do.
All it's going to take is another driver on these roads who is not
paying attention to lose control of a vehicle and kill somebody
standing at an intersection.
So, in any event, Commissioner Fiala, you want to wait for the
public speaker, or you want to --
COMMISSIONER FIALA: No --
CHAIRMAN COYLE: Go ahead.
COMMISSIONER FIALA: -- just one fast question from our
county attorney.
Can you ever limit it to just Collier County organizations and
residents so that at least we can -- we have a better handle on who they
are?
MR. KLATZKOW: No, you cannot do that.
COMMISSIONER FIALA: No, okay.
Page 54
October 25, 2011
CHAIRMAN COYLE: Okay. Let me just take a moment to
explain the full intent of this process. You've heard the reason for the
moratorium itself is to give us time to evaluate other venues for the
people who are legitimately raising funds.
The other is the requirement that the organizations collecting the
money clearly identify the organization with a sign. Now, when you
put out a sign that says "North Naples Fire District collecting money
for Muscular Dystrophy," people know what that is. They have great
confidence that that money is going to be used for the purpose that it's
being collected. But when you see a sign that says "Veterans in need
from Pompano Beach, Florida," the question immediately rises, why
are they coming over here to collect money? Who are they? What are
they doing?
And whether that sign is on the side of a road or whether it's in a
parking lot of Walmart or Publix, it's going to raise the same question
in people's minds, what are they doing here raising money? Don't we
have veterans in need here in Collier County? So that was another
part of this process.
And the third part was that the private property owners on which
the solicitations are being made should be given an opportunity to say,
yes, I want those people here or, no, I don't want them here. They
have the right to discriminate if they wish. We don't.
So North Naples Fire District or any other fire district in Collier
County goes to Walmart, they're going to get approval. I can
guarantee you that they will -- they will welcome them there. Others
maybe not.
So legitimate Collier County organizations will not, in my
opinion, be harmed by this process.
And, finally, we have no way of determining where the funds
collected by these out of county organization really go. One of the
reporters here, Liz Freeman, called one of these organizations and
asked them where the money went. Supposedly it went for housing
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October 25, 2011
for homeless veterans. And they gave the reporter some addresses. It
turned out -- two of them in an industrial area and one of them was a
beachfront home. Clearly, not likely to be accurate places for
homeless veterans.
So it's something that we need the state to look into. And I'm
asking that the board give us permission to send a letter to the state
agencies that, in fact, do license these people, and ask them to conduct
an audit to find out where the money goes for those organizations that
have been coming here from out of county and taking money here and
going back and spending it for reasons that we cannot verify.
So, basically, that's the package, and I think it will do the job.
Commissioner Henning?
COMMISSIONER HENNING: Observation, that the person that
was killed at the intersection of Airport Road and Pine Ridge was not
soliciting money.
CHAIRMAN COYLE: Oh, I know that. I said he was on the
sidewalk.
COMMISSIONER HENNING: Yeah. He wasn't solicitating
(sic) money.
CHAIRMAN COYLE: Yes, I understand. That.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: That doesn't have anything to do with it.
But the point --
COMMISSIONER HENNING: It didn't have anything to do
with the item on the agenda.
CHAIRMAN COYLE: But if you -- if you have a vehicle that
will leave the road and kill somebody on the side of the road holding a
sign, a person who's standing in the intersection or right beside the
road is at even greater danger than that person was.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: So that's my point, and that's one of the
reasons --
October 25, 2011
COMMISSIONER HENNING: You understand we have
sidewalks next to the road?
CHAIRMAN COYLE: I'm not sure. I think I might have seen
one or two.
COMMISSIONER HENNING: Okay. The question -- I'm not
sure, but I'm told that Commissioner Hiller was working with the
Sheriffs Department on these roadside solicitations, and I'm not -- I'd
like to hear what you have been working on.
COMMISSIONER HILLER: Yeah. It would be my pleasure.
In fact, one of the leaders of the group, Duane Billington, is in the
audience, and I'd like him to present and share with everybody all the
work that's been done towards addressing this situation.
There have been multiple meetings over the course of months,
and I applaud Attorney Klatzkow. His legal analysis of the situation is
exactly on point. You can't cherry pick who these type of restrictions
will apply to. It would be a -- definitely a constitutional problem.
Duane, I believe, signed up to speak, and I'd like to start by
allowing him to explain what's been done so far and with the support
of the Sheriffs Office and the Sheriffs attorneys.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: Okay. Let's call the public speaker or
speakers now, I suspect.
MR. MITCHELL: Yes. The first speaker is Duane Billington.
MR. BILLINGTON: For the record, Duane Billington. I'd like
to start by thanking Commissioner Coyle for putting this on the
agenda. Something more definitely needs to be done. The question
really is what and can we do it without throwing the baby out with the
bathwater. Something needs to be done. It definitely needs to be done.
First I'm going to address Commissioner Hiller's request, and as
they explained briefly what we've been working on and the sense of
our proposal. And basically we are asking that a public safety vehicle
be present and paid for by the solicitor.
Page 57
October 25, 2011
Commissioner Coyle commented a little bit on this as far as
public utility vehicles being available. Well, the fire districts usually
have parts, vehicles, that kind of thing, things they use for their
miscellaneous running, picking up supplies, those do qualify as public
safety vehicles as long as they have light bars.
It's not a large vehicle. It's not something that's going to obstruct
traffic, and it can be located out of the way. But if one of these
fraudulent veterans groups comes to solicit, well, they would be
required to pay either the Sheriffs Department or some other public
safety organization for a staff vehicle.
And this applies to all. You know, some people have available
resources. Some people don't, but it's not something prejudicial or
favors one over the other. It's just a fact of life.
We were also requiring evidence of military service be kept on
the person of the solicitors, and that's something in common with
Commissioner Coyle's effort.
We require proof of meeting existing participant eligibility and
training requirements for in the road activity be kept on each solicitor.
It's interesting that firefighters already meet the requirements of this
section. And it provides for confiscation of solicited funds collected
by those solicitors if they're found in violation of the solicitation
ordinance.
You know, certainly we should be able to find a way to amend
the ordinance without denying our firefighters the ability to solicit in
the traditional way for MDA. The tenets of our proposal have been
endorsed by the Naples Daily News in a very nice editorial.
And beyond that, I'm open -- well, there is a couple things. To
add to the dangers, the gentleman that hit that poor soul that was on
the sidewalk had something like three times the allowable level of
alcohol in his bloodstream. I mean, he was beyond drunk. He was
totally plastered and gone.
I would suggest anybody walking on the sidewalk could have
October 25, 2011
been hit by him. You could be sitting in your front yard in a lawn
chair and be hit by a clown like that.
Beyond that, I'm open up to your questions.
COMMISSIONER HILLER: If I may add to what you're saying,
Duane. The sheriffs representatives who met with us, as well as his
attorneys, have been very supportive of these recommendations, and
they're, right now, in the process of drafting the wording to be passed
on to the county attorney for his review, and then this would be
brought forward.
The one other thing I want to make clear, that part of this
ordinance would require that all of the solicitors have an identification
badge which would include their permit number and a photograph and
all the backup information as you described. So it would be the same
type of badge that each of these individuals would wear, and so you
would know who you're dealing with.
So a lot of private citizens have been involved. It's been a very
positive initiative. We're just waiting on the wording from the Sheriff s
Office to be able to pass it along to Mr. Klatzkow, and then it will be
brought forward as an ordinance.
So my concern is, you know, this is all going to happen in a
relatively short time. To have a moratorium that bars everybody
when, you know, in no short order we're going to have an ordinance
that will put measures in place that, you know, effectively address this
situation for the benefit of everyone involved, I think, would be
counterproductive at this time, although I do appreciate that
Commissioner Coyle, you know, shares the same concerns that we all
share and is moving forward.
And I will say that I think his idea to write the state to ask them
to audit these different organizations is, you know, well worth it.
Anything to, you know, have anyone help identify where these funds
are being diverted to someplace where they shouldn't be going is
definitely a worthy initiative.
I' : - •�
October 25, 2011
MR. BILLINGTON: I would also add to that that one of the
issues we looked at was probable cause. One of the problems the
sheriff has had with enforcement is they want to do it in a manner
where they're not going to be harassing people.
COMMISSIONER HILLER: Absolutely.
MR. BILLINGTON: And the requirement for the public safety
vehicle, the absence of which if it was -- that requirement was adopted
would give the sheriff probable cause to investigate; otherwise, it
makes no sense for them to cross lanes of traffic, disrupt the traffic
flow, to investigate these people that are conducting themselves in that
manner.
COMMISSIONER HILLER: Yeah. And I want to really thank
all the veterans that have participated in this initiative as well as
everyone from the Sheriff s Office from, you know, Chief Bloom to
Chief Williams and the -- all the County Attorney's -- I'm sorry -- all
the Sheriffs Attorneys that participated, because they have done an
outstanding job in trying to find a solution to this problem.
MR. BILLINGTON: Right. In addition, there's Jim Elson from
the --
COMMISSIONER HILLER: Yep.
MR. BILLINGTON: -- veteran's organization.
COMMISSIONER HILLER: And Nick Hale.
MR. BILLINGTON: We kept him apprised. Nick Hale, your
VFW, your -- all the various veterans groups, and I believe this is
something, too, that the firefighters are in support of. They don't like
seeing those dollars going to the wrong people either.
COMMISSIONER HILLER: Nobody does.
MR. BILLINGTON: Okay. With that, I thank you very much.
COMMISSIONER HILLER: Thank you.
CHAIRMAN COYLE: Commissioner Henning?
MR. MITCHELL: Sir, the next speaker is Roger Jacobsen.
CHAIRMAN COYLE: Oh, I'm sorry.
October 25, 2011
MR. JACOBSEN: Good morning, Commissioners. I'm Roger
Jacobsen. My official title with the City of Naples is Code and Harbor
Manager, which means I'm manager of the Code Enforcement; I'm the
Harbor Master; I manage the Beach Patrol; I do windows on Sundays.
On a sidebar, I also coach the Collier County Special Olympics
Basketball Team, and we won the state gold medal this year, so -- just
a little sidebar.
(Applause.)
MR. JACOBSEN: Thank you.
I'm here because the City, obviously, supports this. We have the
same issues in the City of Naples that you do. I've been following the
newspaper articles. Whenever they show up in the city, I'm the one
that gets the call to go out. They have no IDs on them. I call the
company, I get no return calls. So we shift them out of the city right
away. We just say, "No, not allowed."
We would like to mirror, obviously, whatever ordinance you put
forth in the city so we're all unified in one group.
Cautiously, though, let's not draft it so everybody's eliminated.
Good veterans group --
COMMISSIONER HILLER: Right.
MR. JACOBSEN: -- we want it. We also have church groups
that come out on us, too. So I'm here really from the City's point of
view to say I'd like to be included in any additional meeting --
COMMISSIONER HILLER: Oh, we'd love to have you.
MR. JACOBSEN: -- and the city. You know, anything that you
guys pass, I'll bring back before the city and see if we can't adopt
some sort of mirror ordinance at that point. Okay.
COMMISSIONER HILLER: Wonderful. Thank you.
MR. JACOBSEN: Good. Thank you.
CHAIRMAN COYLE: Thank you.
MR. MITCHELL: Sir, that was your last speaker.
CHAIRMAN COYLE: Okay, thank you.
Page 61
October 25, 2011
Commissioner Henning?
COMMISSIONER HENNING: So let me get this correct. You
want us to -- the board write a letter to the Division of Consumer
Affairs asking to audit those groups that have solicited in Collier
County?
CHAIRMAN COYLE: Asking the state to audit them, not for
us.
COMMISSIONER HENNING: No, no, no, yeah, for the state to
audit.
CHAIRMAN COYLE: Yes.
COMMISSIONER HENNING: Which is the Division of
Consumer Affairs.
Well, I'll make that a motion.
Liz, Ms. Freeman, can you assist us with your investigation
work?
CHAIRMAN COYLE: No.
COMMISSIONER HENNING: No.
CHAIRMAN COYLE: Suppose we subpoena you? Will that
help?
COMMISSIONER HENNING: We could do that. No.
Well, that -- it has been reported that funds collected are not
being used as reported, and we have a grave concern.
So that's my motion, that we write the state asking them to audit.
COMMISSIONER FIALA: Second.
COMMISSIONER HILLER: I'll second that.
CHAIRMAN COYLE: Okay. All in favor of -- motion by
Commissioner Henning to approve a request by the Board of County
Commissioners to ask the State to audit the Veteran Organizations that
have been collecting funds here in Collier County by Commissioner
Henning, seconded by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER HILLER: Aye.
Page 62
October 25, 2011
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: Okay, that motion passes.
Now, we have --
COMMISSIONER HENNING: Break?
CHAIRMAN COYLE: Yeah, we do have a break, but we're
going to finish this for right now.
The -- I have a couple of comments. And while it's laudable that
the sheriff s agency and other people have gotten involved in this
process, it's important that we make these decisions from the basis of
the best possible information we can get.
And the people who have to make the laws are sitting in this
room. And the County Attorney has been working on this issue for a
long time. In fact, we've been working on it for at least two years.
And there are always reasons why we can't do something we want to
do, and we need to sort those things out.
And I'll give you some examples of just how complex this is.
Commissioner Henning -- or Commissioner Hiller's proposal is to
have training for the people who are going to be selecting -- soliciting
funds on the streets. Well, who does the training? Who's going to
take the time to do that?
It provides for the confiscation of funds from people who are
violating our rules. Now, the County Attorney tells me we have no
legal basis for doing that. I don't know. We have to figure that out. It
hasn't been presented to the county attorney yet, so we cannot make a
decision as to whether that's true.
COMMISSIONER HILLER: Excuse me.
CHAIRMAN COYLE: So an emergency vehicle -- just a
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October 25, 2011
moment.
COMMISSIONER HILLER: Sorry.
CHAIRMAN COYLE: Turn on your light.
Emergency vehicles at the site, you can't say that an emergency
vehicle with flashing lights that's provided by the Sheriffs Department
at a collection site has to be paid for by a -- an out of county veteran's
organization but it doesn't have to be paid for by the fire districts.
The problem is that these things are not clear. Issuing badges to
people doesn't mean that you know exactly who they are. They'll get
a badge and pass it on to somebody else the next time. You know,
these things are not well researched, and we need to know how we're
going to go about implementing and enforcing these things.
So these things need to be coordinated with the County Manager
and the County Attorney. And to the best of my knowledge, and
according to their own testimony to me, neither of them have ever
been contacted about this particular proposal except for a year ago
when the County Manager advised Mr. Billington that some of the
things he was proposing were not possible, and so you've changed it in
accordance with that.
Furthermore, the law already says that these people have to be --
have to have identification. It's very clear. We've updated the
ordinance twice several years ago that requires those kinds of things.
So the issue still remains.
What I would like to see happen is for the fire districts and other
legitimate organizations to take some time to look at other venues for
collecting funds -- is it possible to do it at places other than an
intersection -- and come back and tell us and see what we can do
about that. If they can find alternative locations, it's a perfect solution,
because then we can ban all those others and get them into places that
are safer.
And secondly is getting permission from the private property
owners. Now these questionable veterans' organizations are going
October 25, 2011
into Walmart and other places and they're collecting funds. The
sheriff tells us they don't have any authority to go in there and arrest
people. It's on private property.
What I want to do is require those people to get permission from
the private property owners. It's a simple request. It's a request that
even the private property owners should welcome, because when the
fireman walks in the door and says, can I solicit funds here, there's no
chance that they're going to be denied.
So that's -- and the sign is an important element of this issue,
because it informs people that these are people from some other
organization, some other county over here soliciting money, and we
don't know how the money is being spent.
So there are other elements here that we need to take action on.
If some of them are unacceptable to the board, then let's identify those
now. But those that are acceptable, such as getting permission from
private property owners before people can solicit there, is, in my
mind, a no brainer.
So with that, Commissioner Hiller will talk.
COMMISSIONER HILLER: Yeah, Jeff, isn't it already the law
that, you know, if you're on someone's private property it has to be
with the consent of the private property owner? I mean, obviously
these people are -- otherwise they would be engaging in trespass.
MR. KLATZKOW: The experience we have -- and this is just
based on a handful of conversations I've had with Mike Hedberg in the
past -- is that somebody gets over there, they're not sure whether or
not the solicitor has the right to be there, doesn't have the right to be
there. If they were required to have written permission from the
owner, at that point in time the sheriff could easily take action because
he would know then and there whether or not the person had the
permission.
COMMISSIONER HILLER:
the requirements?
So we could include that as one of
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October 25, 2011
MR. KLATZKOW: Yes, if that's what the board wants to do.
COMMISSIONER HILLER: And if Mike is comfortable with
that, then I think that's a good idea.
Duane, could you come up here?
First of all, I'm really sorry you're, you know, being challenged
the way you are for all the volunteer work that you've been doing, you
know, over this past year, and I want to personally thank you for
everything you're doing on behalf of the veterans, not only on this
issue, but on a host of other issues.
I saw you, you know, shaking your head as Commissioner Coyle
was speaking, so I'd like to give you the opportunity to address, you
know, some of the comments he made.
I'd also like to say that what was said earlier that, you know, he
verified with Jeff and Leo and no contact has been made is absolutely
correct, because we're not ready to present anything. And at that time
that a reasonable draft is put together -and meets with the sheriff s
approval as being something that he could work with and find
enforceable, we will present it to Jeff and to Leo for their review.
So, you know, it's very obvious that the intent is to work in a
cooperative manner, obviously in the best interest of the community
and to do what is in -- you know, what is intended to be achieved by
this, which is to protect the public and also to ensure that those funds
go to the various charities that are intended to be benefited.
Could you please, you know, explain the situation.
MR. BILLINGTON: That's correct. In fact, Mike Sheffield can
confirm that I had reserved a date. Actually this was one of the dates
for perhaps bringing this before the board, but I later told him that we
weren't ready yet. We wanted to present our information to Mr.
Klatzkow, and we knew that he would need time and that, as busy as
the agendas have been, there's items, I think, on today's agenda that
this is the third try at them having been heard.
So this is not something we've been trying to do behind closed
October 25, 2011
doors or anything like that. It's an effort, and we wanted to get as far
along the process as possible as an assist and a help to our County
Attorney, not make things more difficult.
There's a couple things, too, that I'm sure were unintentionally
not characterized correctly, and it has to do with the training. Well, in
the participant eligibility of the existing ordinance, there is a call --
and I'll read this. This is a direct quote. And it has -- has to do with
people in the right -of -way. And it says here, have been trained
regarding the physical dangers of in the road activity when roads are
open to vehicular traffic or other individual who has satisfactorily
completed a safety training course appropriate to safety consideration
of in the traveled road activities.
That's in the ordinance. That's not something we're putting
forward. But if it's perceived there's something wrong with that
requirement, well, maybe then it needs to be removed.
COMMISSIONER HILLER: Yeah, that's a good point.
MR. BILLINGTON: As far as the permission, the people that
were busted at Walmart had permission of Walmart Headquarters but
they didn't have permission of the local store manager. The end result
of that was that they were given a trespass warning, and the next time,
if they came back, they'd be arrested.
So, you know, there's an education component that somehow is
needed, letters drafted hopefully by county staff perhaps to the various
corporate headquarters informing them of what is going on, what the
county's position is, and -- to educate them so they can educate their
people what the county considers as acceptable or not acceptable
conduct.
And I'm sure that these entities would be more than happy to
cooperate. But the effort has to go forth. You can't just rely on a
Sheriffs Department person driving by and saying, oh, there's a
veteran soliciting or there's somebody else soliciting and expect them
to jump over there, as short staffed as they are, to investigate. And
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October 25, 2011
that gets back to the probable cause.
COMMISSIONER HILLER: Do you want to address the
confiscation?
MR. BILLINGTON: Well, the confiscation was something that
was presented to the Sheriffs Department Attorney. He thought that
was very doable. And if it's fair for one, it's fair for all, as long as you
don't discriminate. And this board has the power to write -- make
ordinances, pass laws, and set rules and regulations. And I see no
reason why, as long as it's not discriminatory, that that couldn't be
incorporated.
COMMISSIONER FIALA: So are you going to make a motion?
CHAIRMAN COYLE: Okay.
MR. BILLINGTON: I might add, it shouldn't take 30 days,
though, for staff to come back with some of these things.
CHAIRMAN COYLE: Yeah. I would just like to clarify
something. We don't have a proposal from you because you're not
ready, but it's been endorsed by the editorial board of the Naples Daily
News; is that what you said?
MR. BILLINGTON: Our ideas and how we -- and including
how we are going about this as far as getting this as far as along as we
can before giving it to our County Attorney. These conversations
have been taking -- have taken place.
CHAIRMAN COYLE: And the procedure for getting something
on the agenda is to have an Executive Summary prepared, and that can
only be done if you share the information with the county staff and the
county --
MR. BILLINGTON: I made it plain, Fred, that that was
something that was planned. I also made it plain there was
discussions with Mr. Sheffield. I don't know where you're going with
this. We want to cooperate. We want to help and get things done.
CHAIRMAN COYLE: Well, I'm very appreciative of that fact,
but you're presenting it as if this is something that you are
l •i
October 25, 2011
recommending and apparently have recommended; otherwise, it
wouldn't be printed in the Naples Daily News, would it?
MR. BILLINGTON: Well, I don't see where you're going on
there.
CHAIRMAN COYLE: Okay.
MR. BILLINGTON: But you obviously were aware, so you
could have made a phone just as easily, you know. What's fair for the
goose is fair for the gander. If you have a question, I would have been
more than happy to talk with you.
CHAIRMAN COYLE: Just goes to motivations.
MR. BILLINGTON: Thank you.
CHAIRMAN COYLE: Thank you very much.
Okay. I will make a recommendation -- make a motion that we
amend the County's Solicitation Ordinance -- no, we bring back a
proposal to amend the county solicitation ordinance to require that
individuals and organizations be clearly identified on a sign at the site
of any collection activity, and to the extent that the collection activity
is accomplished on private property, that the individuals responsible
for the collection activity will register with the county and provide
proof of permission to solicit at the specified business locations and
any other items which the staff and the county attorney can
recommend that would be legally enforceable and nondiscriminatory.
COMMISSIONER FIALA: I second the motion.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: That's fair.
CHAIRMAN COYLE: You need me to repeat the motion? I
know you're getting tired of this. Okay. You got it? All right.
Commissioner Hiller?
COMMISSIONER HILLER: Yeah. I will be bringing a draft of
that ordinance that has been developed collectively with the members
of the community as well as the Sheriffs Department to the County
Attorney and to the County Manager for their review, and I will go
.�_. ••
October 25, 2011
ahead and bring that forward and place it on the agenda as was
promised to the veterans who came to me and asked me for help and
support in this matter.
CHAIRMAN COYLE: Okay. All in favor of the motion?
COMMISSIONER HENNING: Wait a minute, wait a minute.
CHAIRMAN COYLE: Go ahead.
COMMISSIONER HENNING: Question. You've been working
on this for quite a while --
COMMISSIONER HILLER: Yes.
COMMISSIONER HENNING: -- Commissioner Hiller. When
do you propose to -- you might anticipate bringing it back?
COMMISSIONER HILLER: Well, Mike was in the process of
drafting the wording which was basically a synthesis of all the ideas
that have been put forth by members of the community, and then we
were going to, as soon as he was done -- we're just waiting on that
draft -- have one more meeting, because we've got more members that
have joined the group, and just to make sure that everybody agrees
with that, and then give it to Jeff and give it to Leo.
So I anticipate, you know, if all would go well, we could easily
have it before you November or December at the latest.
COMMISSIONER HENNING: Oh. You mean Mike Sheffield
has been -- which Mike was doing this?
MR. OCHS: Mike Hedberg.
COMMISSIONER HILLER: I'm sorry?
COMMISSIONER HENNING: You said Mike. I'm trying to --
COMMISSIONER HILLER: From the Sheriffs Office, the
attorney.
COMMISSIONER HENNING: Oh, oh, okay.
COMMISSIONER HILLER: The sheriff s attorney was actually
drafting some sample wording which synthesized all the ideas which
have been put forth.
And one of the issues that's very important is wording in an
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October 25, 2011
ordinance that allows the police to have the ability to act on the law
because, obviously, you know, having something that doesn't give
them the ability to go and, you know, stop these guys from doing
wrong is a meaningless ordinance.
COMMISSIONER HENNING: Right.
COMMISSIONER HILLER: And so their involvement was very
important in this matter for this reason. And as I said, they're in the
process of helping out by drafting wording, and then the intent was
always to bring it back to Jeff and then, of course, have Leo review it
and bring it to the board, you know, with an appropriate executive
summary for approval by this board and for presentation before the
public.
COMMISSIONER HENNING: So my next question is, why do
we want to circumvent something already in the process? And I know
the last item there was concern about staff time. This is not using staff
time until the item is ready to come for the board's consideration. The
County Manager's Office and, more importantly, the County
Attorney's Office is going to look at it before it comes before the
board.
COMMISSIONER HILLER: Exactly.
COMMISSIONER HENNING: So why do we want to have
staff working on something that's already in the process?
CHAIRMAN COYLE: Well, I can answer that. It's not already
in the process. What I have recommended is not in the set of
recommendations that have been presented by Commissioner Hiller.
COMMISSIONER HENNING: You're asking to amend an
existing ordinance, direct the County Attorney to bring back an
existing ordinance that has -- is being worked on right now. It's the
same ordinance.
CHAIRMAN COYLE: No. The motion very clearly stated that
the County Manager should bring back revisions to the ordinance,
which included the two items I stated, plus any other
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October 25, 2011
recommendations that would help us better manage this problem,
which could include anything that the police -- the sheriffs agency or
any other agency, Commissioner Hiller or Mr. Billington --
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: -- can provide for staffing by Collier
County Government, which is responsible for these kinds of things,
and present those things.
COMMISSIONER HENNING: Well, thanks for the
clarification. I guess the question still stands, why are we asking the
county manager to do something that a commissioner is already
working on with other agencies that can police an ordinance?
COMMISSIONER HILLER: I can answer that.
COMMISSIONER COLETTA: Yeah, may I? My light's on.
CHAIRMAN COYLE: Yeah. Commissioner Coletta, go ahead.
COMMISSIONER COLETTA: Yeah. I know exactly what
you're saying. And good for you, Commissioner Hiller, for working
on this and trying to bring it forward.
What Commissioner Coyle has brought up is a little different
thing that might be able to be implemented sooner than later. It's --
you know, to be able to have the sign there at the site to be able to
identify who they are is a stopgap measure until you can come
forward with what it is, and everything can be incorporated in as it's
taking place.
Yours may be delayed. This is a simple measure to start
something going forward, and I support your motion and hope we can
call the question soon.
CHAIRMAN COYLE: Okay, okay. Commissioner Hiller.
COMMISSIONER HILLER: To begin, the suggestion about
wearing these badges or -- the idea actually was put forth by Duane
Billington. And, Commissioner Coyle, just a few minutes ago you
were telling him how ridiculous that was and how there was no value
to something like that. So I don't really understand where you're
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October 25, 2011
going.
COMMISSIONER COLETTA: All right. Call the question.
COMMISSIONER HILLER: I was very -- well, let me just
finish, please.
CHAIRMAN COYLE: Okay. All in favor, please signify by
saying aye.
COMMISSIONER HILLER: Please let me finish.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
Commissioner -- any opposed --
COMMISSIONER HENNING: I thought we were a board of
five. I'm opposing the motion because it's just a waste of staffs time.
CHAIRMAN COYLE: And Commissioner Hiller is opposed.
COMMISSIONER HILLER: It's nothing more than the desire of
Commissioner Coyle to have this matter under anybody's name except
mine. It's as silly as that.
CHAIRMAN COYLE: I do not mind you adding things to this if
you wish to do so.
COMMISSIONER HILLER: I'm sure you don't.
CHAIRMAN COYLE: The problem is that you haven't followed
proper procedures. The staff doesn't even know what you're talking
about, the County Manager hasn't reviewed your proposal, and they're
two of the first people who should have been involved in the process.
They have been working on this for over two years.
COMMISSIONER HILLER: You know what, Commissioner
Coyle, you are always right.
COMMISSIONER FIALA: Isn't it time for a break?
COMMISSIONER HILLER: You are so right.
CHAIRMAN COYLE: Yes, it is.
COMMISSIONER HILLER: Absolutely.
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October 25, 2011
COMMISSIONER COLETTA: Thank you. I'm glad you
recognized that. I agree with you.
(A brief recess was had.)
MR. SHEFFIELD: Chairman, you have a live mike.
CHAIRMAN COYLE: Okay. County Manager, where do we
go to now?
Item #I OA
RECOMMENDATION TO GRANT A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR INTER- FACILITY
AMBULANCE TRANSPORTS TO AMBITRANS MEDICAL
TRANSPORT, INC., AND AUTHORIZE THE COUNTY
MANAGER TO ADVERTISE AND BRING BACK FOR FUTURE
CONSIDERATION AN AMENDMENT TO ORDINANCE NO. 04-
12, AS AMENDED, RELATING TO AMBULANCE AND
ADVANCED LIFE SUPPORT SERVICES, FOR THE PURPOSE
OF REVISING SECTIONS PERTAINING TO CLASS 2
OPERATORS (POST - HOSPITAL INTER- FACILITY MEDICAL
AMBULANCE TRANSFER SERVICES) — APPROVED
MR. OCHS: Commissioner, we're on Item 10A.
CHAIRMAN COYLE: Okay.
MR. OCHS: It's a recommendation to grant a Certificate of
Public Convenience and Necessity for intrafacility ambulance
transports to Ambitrans Medical Transport, Incorporated, and
authorize the county manager to advertise and bring back for future
consideration an amendment to Ordinance No. 04 -12, as amended,
related to ambulance and advanced life support services for the
purposes of revising sections pertaining to Class 2 operators.
Mr. Summers, your director of the Bureau of Emergency
Services, will present.
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October 25, 2011
CHAIRMAN COYLE: I'm relieved. When I saw Mr. Summers
at the podium, I was concerned that he might be telling us about a new
hurricane coming this way.
MR. OCHS: The day's not over yet.
COMMISSIONER COLETTA: Don't encourage him.
MR. SUMMERS: Mr. Chairman, Commissioners, good
morning. For the record, Dan Summers, Director of the Bureau of
Emergency Services and Emergency Management. Thank you for the
opportunity to be with you.
I have a short presentation and some comments to make to you
regarding the application that came to us known as the Certificate of
Public Convenience and Necessity application submitted by
Ambitrans.
Just to give you a little bit of history, Ambitrans is a privately
owned advanced life support certified convalescent transport service.
And I'll talk more a little bit about their resources and the services they
provide shortly.
They have a long track history of doing business in Charlotte,
Lee, and Sarasota Counties. They come with excellent references, and
I have verified those references, two of which by telephone with
Representative Hudson, pardon me, and also Senator Richter, as well
as some references not on their sheet, phone -- a lengthy phone
conversation with the Charlotte County Fire EMS chief as well for the
services that they provide, and their references have been quite good.
The other comment about the Certificate of Public Application to
us is that there's no subsidy or financial obligation by Collier County
to provide these nonemergency transport services.
There is quite an environment here in Collier County that we
have -- it's been handled in various ways for the consumer, for the
citizen, and I think one of the real advances of having this group for
nonemergency -- and I can't stress this nonemergency transport
enough. This does not take Collier County EMS out of the picture. It
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October 25, 2011
doesn't take our first responders, our deputies, our AEDs out of the
picture. This is an environment where we have more people
convalescing at home. We have an aging demographic that needs
medical care from nursing home to physician or nursing home to
clinic or hospital to convalescent home, et cetera.
So this is an area where I think as a -- as a private provider not in
that emergency transport niche but still has highly qualified personnel,
advanced - life - support personnel, in the unlikely event of any change,
but this is for non -acute care.
And as you know, we're very proud and very protective, so to
speak, of our emergency assets, our emergency response, our external
partners, like the fire departments that participate in emergency care.
So my message to you here today is that this is for convalescent
transport.
The applicant has experience in basic life support transport,
advanced life support specialty care -- again, nonemergency transport
-- long- distance ground transport. That's been a problem. I am aware
of folks who have needed long- distance ground travel or even
convalescent individuals that may need an air taxi, and they have
needed transportation to the airport, and I have had that experience in
my family as well. So I'm happy to see that this asset becomes
available.
They -- not appropriate -- not part of the certificate today by any
stretch, it's not required, but they do have wheelchair transport,
nonmedical stretcher transport resources that they have experienced or
business that they provide elsewhere, and they do have a 24 -hour
dispatch center, and I think that's a very -- that's a big advantage for
individuals who want to call in the evening and know that a family
member is discharged in the morning, those scheduled transports can
be coordinated with this organization.
Now, as you know, we're very protective about our medical
control and medical coordination. The county medical director
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October 25, 2011
supports this operation and will be reviewing their medical protocols
with their Ambitrans medical director. So they have a medical
director that reviews their standing orders or protocols in the unlikely
event that those protocols have to be initiated during transport and,
most importantly, if they're in Collier County and a patient is -- who is
reportedly stable or should have been stable but deteriorates can
certainly call for our paramedics and fire apparatus personnel to come
help them.
Part of this that's a little different in Collier County is that there
will be need to be some public education and outreach, primarily to
the nursing homes and rest homes, other convalescent -type
organizations, so to know who to call.
If it's an emergency, they need pre hospital care, they dial 911. If
it is a routine scheduled convalescent type transport, there'll be a
number that Ambitrans will work with us and get out and meet with
the agencies and organizations so they'll know who to call and under
what conditions to call either Ambitrans or should there be a much
more emergent situation, 911.
We have asked and have the full cooperation for Ambitrans for
day -to -day communications with our EMS shift supervisors so that it's
-- and they're Ambitrans' dispatch center so we know what resources
are here, we know the availability. This is not going to mean that
every single call may not have to be -- they may not be able to handle.
They may have an abundance or a high - traffic day. We know there
are some situations where we're going to be there to back them up just
like we always have, and vice versa, they could help us. So the daily
communications in coordination with our staff, I think, will be a good
fit.
They manage their own billing for private pay, insurance,
Medicare, et cetera. And we have mandated that we have at least a
quarterly meeting, and this will take place, I'm sure, much more
frequently, but I've requested a quarterly meeting to ensure between
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October 25, 2011
their medical director, our medical director, the providers, the
facilities, our response personnel, that we've got good coordination in
this nonemergency environment that we're adding here.
Just to summarize, I'm recommending -- first of all, there is no
cost to us for this. I'm recommending a one year granting of this
application as we typically do, so that gives an opportunity, through
feedback and evaluation, to see how that works for us.
I think one of the things that I like here is that there's an
alternative here. Their rates are lower; they provide services a little bit
different. So I think it's important for the consumer to have an
alternative here in Collier County for that transportation.
And we know that they're experienced and we can count on them
to address issues of quality control working with our folks in quality
assurance.
A little selfish motive with my emergency management cap on,
that this does give us an additional player in transport capability
should we have a disaster. I will tell you that our first discussion in
engagement with -- not engagement, but first research with Ambitrans
was when Naples Community Hospital was experiencing electrical
difficulty with their standby generator. They called us on a Tuesday
and said, we may have to move 200 patients on Thursday if our
electrical rework doesn't go well.
Well, before I called the state EOC and sought resources, we
reached out to both government and private partners in the region
should we have had to do that emergency evacuation of the hospital
due to electrical problems. So it was nice to know that we had -- and I
believe they have 22 vehicles in their roster in the region here, so it
was nice to know and have that asset available to us.
It allows Collier County EMS to focus on pre- hospital
emergency care with its partners and maximize our emergency
resources for our core mission, and I think that's important. This adds
-- if you will, this adds bench strength, and the bench strength in this
October 25, 2011
area to us is that it keeps us a little less committed to nonemergency
transport, keeps our fire and EMS folks well engaged in the
pre - hospital emergency business, as well. And, you know, there's no
concern that this is going to impact our emergency business.
There's no required oversight by our medical director statutorily
or by ordinance; however, the community is quite used to bringing
issues to the medical director, and our medical director will work with
staff, the medical director of Ambitrans should -- in the unlikely event
there's any issues there, and they'll work closely together for
communication, dialogue, protocol, quality assurance, etcetera.
The firm has indicated to us that they could start up as early as
January. They have some assets in Cape Coral. They have an
operation in Cape Coral, so they could bring dispatch as they get
familiar with the patterns of service here, dispatch units, and kind of in
a float status in Collier County as they get schedules or call demand so
generates.
And, again, they'll do that as they become -- they'll get stronger
as they get familiar with the call demand, and I'm sure it will take
them some time. They've made a commitment to us to have a facility
here in Collier County, and it will take them some time to find the
appropriate location, address, proper zoning, permitting, et cetera.
So that's a very brief overview. I think we've put together a good
package for you with all of the discussion. And as the manager said,
there's also some ordinance modifications we need to look at at the
near future.
So I'll stop and see if you have any questions or concerns. Thank
you.
CHAIRMAN COYLE: How many speakers do we have, Ian?
MR. MITCHELL: Sir, we have two speakers.
CHAIRMAN COYLE: Okay. Do the commissioners want to
listen to the speakers first or not?
COMMISSIONER HILLER: I would like to make a comment
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October 25, 2011
first.
CHAIRMAN COYLE: Okay. Commissioner Hiller?
COMMISSIONER HILLER: If my memory serves me correctly,
when we do these COPCN hearings, they're quasijudicial hearings,
and I believe they have to be noticed and everyone has to be sworn in.
That's what was done with the North Naples Fire District COPCN
award. So I'm not sure that we can hear this in this fashion today.
The -- and I was just talking to the county attorney about that.
And, County Attorney, do you want to address that question?
MR. KLATZKOW: I don't have an issue swearing in the --
swearing in the speakers. I think that's a good idea in most events
anyway.
There's no advertising requirement for this.
COMMISSIONER HILLER: No advertising?
MR. KLATZKOW: No.
COMMISSIONER HILLER: Okay. Then, I mean, this is a
quasi-judicial hearing, so I think everyone does need to be sworn in.
The other issue -- well, should we wait to swear everyone in and
then continue the discussion?
CHAIRMAN COYLE: County Attorney?
MR. KLATZKOW: Yeah. I think that's a good idea.
CHAIRMAN COYLE: Okay. Will all the people who are going
to give testimony in this petition please stand and be sworn in.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN COYLE: Okay. Thank you. Go ahead,
Commissioner Hiller.
COMMISSIONER HILLER: The other -- the other concern that
I have is that I'm not sure I understand why this one company is being
selected for this, and are we going to award more COPCNs for this
same service or, in effect, are we giving this one company an
exclusive? And who else could provide this same service? And, you
know, why didn't we, in effect, put this out to bid?
October 25, 2011
And maybe that's a -- you know, it's a two -prong question. The
first being, one, you know, are you treating this, a COPCN, as an
exclusive for this type of service? And then No. 2, you know, if that
is the case, you know, why didn't you put this out to bid and bring
multiple companies to the table so we could have a choice of who to
award this COPCN to? Because, in effect, we're only being presented
with one company.
And I brought these questions up to Leo, so I'd like the answers.
MR. OCHS: Yes. Yeah, I'll take a quick stab at that,
Commissioner, if that's okay.
COMMISSIONER HILLER: Thank you.
MR. OCHS: First of all, we didn't solicit this company. They
applied through the application process. It's a nonexclusive COPCN
as far as the staff is concerned. If we have another provider that wants
to get into this particular niche market that Dan described and they go
through the application process, we will do our due diligence like we
do on every applicant, bring that in front of the board and make a
recommendation and let them decide.
The reason we didn't go out and solicit is for that very reason.
This is not a -- this is not a subcontracting recommendation to the
board. This is simply a recommendation for you to consider awarding
a certificate, and then the certificate holder would go out into the
marketplace and work directly with clients.
So it was not a solicitation in the sense that we typically would
solicit a number of contractors to contract directly with the board for a
service.
COMMISSIONER HILLER: So this is a nonexclusive, and that
anybody else coming in would have the right to apply, and if they
have similar qualifications, they will be granted the COPCN for this
particular service?
MR. OCHS: Well, we would bring that to the board with a
recommendation. It would be the board's decision, yes, ma'am. Any
October 25, 2011
applications that we would receive, we would process those according
to your ordinance and bring those in front of the board for
determination.
COMMISSIONER HILLER: Thank you.
MR. OCHS: You're welcome.
CHAIRMAN COYLE: Okay. And, Commissioner Coletta and
Commissioner Fiala, you want to hear the speakers first?
COMMISSIONER COLETTA: I'll wait.
COMMISSIONER FIALA: Yes, I do.
CHAIRMAN COYLE: Okay. Let's call the speakers, Ian.
MR. MITCHELL: Sir, your first speaker is Steve Donovan.
MR. DONOVAN: Thank you, Commissioners, Chairman, Mr.
Ochs. My name is Steve Donovan. I currently represent 1826, which
is the IAFF for Collier County EMS employees. We have over 100
employees who are active members in a union.
I'm from the school of old dog. And when I say that, is -- I've
been here since 1984 as an employee with Collier County EMS. And
one of the things we were very jealous of and why the ordinance was
drafted before was not allowed to have a private -- an outside entity
come in and handle any type of services that Collier County could
handle on our own.
What concerns me the most on this is hospital to hospital. It's
one of those issues where, as a paramedic, I've been doing this for 27
years, you could have a patient go bad quickly, very quickly, and you
don't have to -- yes, they could probably stabilize it. I'm sure they
have probably fine medics. I'm not going to disparage another medic
or firefighter. I would never do that. But now you've got to wait, and
you're going to have to see how many trucks we have available.
What's concerning me is this: You're paring down the services
we offer and you're making it less and less the truck that we put on the
road, while now we're bringing an outside private provider to increase
the services for other areas.
October 25, 2011
Sure, it's maybe the doctors to doctors or maybe the nursing
home -- and you know what? I would be okay with that.
Lee County has a contract with Ambitrans, and that is correct.
There is language that, I believe, if you move forward, we should
mirror, because it offers protection to Lee County EMS. And it's one
of the things that I would look forward to to continue this discussion,
but honestly I felt, if we're going to move forward -- and we do have
an ordinance to deal with, and I think it needs to be addressed.
And it's just one of those things that I think we need to take our
time, take very serious consideration of the future implications of
maybe other providers wanting to come in here.
And, you know, it does -- it opens up the flood gates. And that's
all I'm looking at right now. I do not want any type of privatization
that could happen in Collier County.
COMMISSIONER HILLER: Commissioner Coyle, can I ask the
speaker a question?
CHAIRMAN COYLE: Well, we've got Commissioner Coletta
and Commissioner Fiala ahead of you, Commissioner Hiller. If they
would --
COMMISSIONER HILLER: For this speaker?
COMMISSIONER FIALA: Sure, go ahead.
CHAIRMAN COYLE: If they would -- Commissioner Coletta,
do you a problem?
COMMISSIONER COLETTA: Sure.
CHAIRMAN COYLE: Go ahead, Commissioner Hiller.
COMMISSIONER HILLER: Thank you.
In Lee County how many private providers do they have? Is this
the only company, or do they have multiple?
MR. DONOVAN: No, there's other ones in there. And I'm not --
I can't give you exact numbers, but I know there are multiple
companies out there that help them.
Lee County is a very, extremely busy system, which we're
October 25, 2011
moving up to those numbers. We're not there yet, but we are --
especially during the season, we are restricted in the number of trucks.
I would -- I would prefer for us to be able to focus on ALS
treatments and ALS, you know, 911 calls, but at the same time, too,
we need to realize that hospital to hospital and other services can be
provided by us and with -- using our employees, maybe even give
them a chance to gain experience using trucks that are meant for
hospital to hospital, new employees. But there are -- they do have
multiple providers that help them out.
COMMISSIONER HILLER: Do you know how they went
through the process of deciding how many providers and what service
these providers would have?
MR. DONOVAN: No. I was never part of their process. The
only thing I could tell you, when I first knew I was going to become a
paramedic and I got the direction to be one from a higher source than
me, I actually worked for a non - provider, I mean, a BLS provider,
that's correct, and I actually did that for a year, and it was another way
to gain experience, handled a lot of nursing home issues.
But I would tell you, too, that you would run into some problems
every so often. What they would consider a nonemergency, you could
run into and find out it is an emergency. So it could be even fraught
with peril if you're not careful and you don't have a highly qualified
paramedic or EMT out there.
COMMISSIONER HILLER: Yeah. And that is somewhat of a
concern I have, because you -- the point you made that you don't
know when an incident goes from becoming a BLS to an ALS
situation --
MR. DONOVAN: Correct.
COMMISSIONER HILLER: -- and that would happen en route.
MR. DONOVAN: Yes, ma'am.
COMMISSIONER HILLER: So who would be there to assist
with this? And if these providers only would provide BLS service,
October 25, 2011
you know, what liability does the county have when suddenly the
situation turns into an ALS scenario?
MR. DONOVAN: Right. And it does offer -- I'm sure there's
some language you'd be able to draft up that's a lawyer -- you know,
legalese -type of question, but it does happen. And that's the only
thing I could --
COMMISSIONER HILLER: Oh, absolutely.
MR. DONOVAN: -- tell you. So it's just a concern of mine,
and, you know, it is a fact of life.
COMMISSIONER HILLER: I guess my concern is is I would
like to see more alternatives than just this one presented. So I would
like to know what other jurisdictions are doing, and I'm glad you
brought forward, you know, that Lee County has, you know, multiple
suppliers.
MR. DONOVAN: Right. But they have also language in their
contract that protects their Lee County EMS 911 system from being
encroached on by private. That's what is my concern also is I would
rather have local Paramedics, EMTs, Firefighters doing service here
by local employees and not losing jobs maybe to privates, and that's
how I would actually -- I am the union representative, and that's how
I'm going to speak about this issue.
COMMISSIONER HILLER: Have you spoken to the hospitals
about this?
MR. DONOVAN: No. It's not my place yet.
CHAIRMAN COYLE: Okay. Next speaker?
MR. MITCHELL: Sir, the next speaker is Michael Grant.
MR. GRANT: Good morning, Commissioners. I am Michael
Grant. I am the co -owner with my wife of Ambitrans. We've been in
business since 1988, started off as a wheelchair company and
proceeded to start providing ambulance service first in Charlotte
County, and then Sarasota, Lee.
And, in fact, we have been providing service for many, many
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October 25, 2011
years in Collier County. We've been providing service, out of county
service taking people from Collier County to Gainesville to the VA
hospital, to Miami, be they cardiac patients, stroke patients, or
whatever. And those patients are, for the most part, transported in
ALS ambulances by certified paramedics, certified EMTs. We meet
the same requirements as Collier County, Lee County, Charlotte
County, whatever. We are all under the same regulations, state
regulations in terms of providing service. So you will not see a
drop -off in the quality of care.
And, as a matter of fact, recently we were notified by some folks
in Lee County that they want us to start providing more service for
them that their EMS system formerly did because we have more
sophisticated equipment, and our -- and our paramedics are trained to
do long- distance transports as well as hospital to hospital transports
which, with all due respect -- and believe me, I've been in EMS for
over 30 years. There is a difference between interfacility transports
and emergency transports. I would never hold Ambitrans as a
provider of emergency medical case, 911 care, to your citizens or
anywhere else.
We're here to complement the system that's currently in place, as
we do in Sarasota County, as we do in Charlotte and Lee County.
We're not here to compete with the fire departments.
What we are here to do, however, is help your hospitals, help
your citizens, help your patients and provide a different level of
patient care than they might currently otherwise have.
If your hospitals -- if your hospitals feel comfortable calling us
for their most critical patients that need to drive across the alley or
drive up I -75 to Gainesville -- and that is a service that we've been
providing in Southwest Florida for 30 years -- I think we can provide
that same level of service under the COPCN that you may grant us
today if you will do that.
Again, we're here to complement your system, not to compete
October 25, 2011
with it. I have a great deal of respect for your medical director, for
your EMS system, and for the good work that they do.
It is my hope that we will be hiring locally as we do in every
other location that we provide service. We hire Sarasota County
citizens and firefighters to work on our ambulances in Sarasota
County, likewise in Charlotte, likewise in Lee, and I would anticipate
we would do that here in Collier County.
As a matter of fact, we put an ad in the newspaper this weekend,
and we've already gotten 14 resumes from local Collier County
residents who are looking for work.
Again, I don't think we're going to be drawing away from your
system. I think we'll be making it better. I'm open for any questions.
CHAIRMAN COYLE: Okay, thank you. No questions -- are
there any other speakers?
(No response.)
CHAIRMAN COYLE: Obviously not.
MR. MITCHELL: Sir, that's the last speaker.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
Mr. Summers, if I may. Of course, the very first question I'm
going to ask you, the reason why this might be an advantage is
because of cost, is that correct, or is there no difference in cost
between this private provider that's providing nonemergency against
EMS that's providing emergency service?
MR. SUMMERS: Sir, it's relative, and let me just say this: First
of all, the private sector, they have their own billing fee, they have
their own billing collection process. So just in overhead scenarios
alone, they are better. Their rates -- their intercounty rates lower.
They obviously have to recoup for mileage charges for those long
distance scenarios, much like we do. But there is a cheaper alternative
ultimately for the citizen. And, again, I present that as an alternative,
but it is less expensive than our typical base rate fees.
October 25, 2011
We posture different. You know, our vehicles are set up
different, our resources and training are somewhat different. Doesn't
mean that these folks are providing advanced life support, but they
have postured their business differently for these particular transports,
and not for the emergency, the heavy duty emergency response
capability that we provide.
COMMISSIONER COLETTA: Sure. Now, let's talk about
emergency versus nonemergency, and correct me if I am wrong. To
me nonemergency would be those patients that are -- the correct word
is "ambulatory "; is that correct?
MR. SUMMERS: Ambulatory is not necessarily nonemergency.
I think maybe if I can help you, coach you here a little bit, it might be,
are they stretcher bound or not stretcher bound, meaning do they
require to be recumbent or laying down in transport, and is their level
of acuity here? And I think, in other words, your concern might be,
what happens if someone is seriously injured or seriously needs
medical attention? I have confidence that the Ambitrans dispatch
center is just not going to take that call without answering questions,
making sure that they have a stable patient, and we're dealing with
patients that are non - acute.
Now, granted, just as Mr. Donovan represented earlier, situations
can change. Well, that's the advantage of having an advanced life
support provider that, if things do change, they can initiate that
particular care en route, and certainly within Collier County, Lee, or
Charlotte, if they need additional help, they will call 911, and just as it
would in Charlotte or Lee, we'll come and assist these units.
So -- and that's rare, but that backup is there and that mutual
support is there to make sure that what -- everything that we're doing
is in the best interest of the patient.
COMMISSIONER COLETTA: And Collier County has gone to
a lot of trouble over the years to put together a competent force of
staff people who run EMS. Would this in any way result in layoffs for
::
October 25, 2011
our own EMS?
MR. SUMMERS: No, sir. I don't see that being the case. We
work very hard to -- you set the guidelines for us for our response
times. While we may -- while you might anticipate a lower
population, folks are calling EMS more. They're waiting till the last
minute to call for medical help, they're waiting till the last minute to
go to the Emergency Department.
I think even you have -- you have more -- while the recession is
tough right now, you have more nursing homes and rest homes that
are on the drawing board to come to this community. I think this is a
good opportunity, a good fit, and I think the word that was used was
"complement" us. I really look at this as a complement to our core
mission of emergency response.
COMMISSIONER COLETTA: Could we ever restructure a part
of our EMS that would be competitive with something that would
come from the outside? In other words, possibly -- I'm not too sure --
possibly employees that would be nonunion or something but still
under EMS? I'm not too -- I'm just trying to see what other kind of
avenues might be out there.
MR. SUMMERS: And it's a fair discussion. In other words, do
we want to add additional units to set up a separate nonemergency
division of Collier County EMS as an emergency provider? Do we
want a second, we'll just call it, a convalescent division. That's
certainly something the board could look at possibly, but in this -- you
know, where the capital would come from to do that, would we go
outside bargaining units? Would we go back and recruit separately for
that?
We've got great paramedics, but we also don't want to -- we don't
want those folks working so many hours, if they're working full time
with Collier County EMS and X number of hours with a convalescent
service, whether it's run by us or whether it's managed by Ambitrans.
They run their own division. We have to be careful here that we don't
October 25, 2011
overtax our assets and resources.
And let's be candid here. The startup capital would be the very
first thing that I would have to wrestle with, and I'm not sure we've got
that kind of liquid capital to invest right now for an additional
division, but it's certainly an option.
COMMISSIONER COLETTA: Well, this COPCN would also
allow them to have a medical director. How would that work with our
medical director? I mean, would they be independently total, or
would they still have to work through the county medical director?
MR. SUMMERS: No, sir. The Ambitrans proposal as brought
to you today, they report to their own medical director. They are
licensed by the state, and the state recognizes their medical director
for quality control; however, what I have made very clear to the
applicant and very clear in this documentation is that we will ensure
very close communication and coordination between Dr. Tober and
the medical director for Ambitrans, and we will very carefully, in a
quality- assurance manner, coordinate with him for their runs and their
safety and for quality medical care, and review any items of concern.
So I am not turning this organization loose to just freely run in
Collier County. We want to know what resources they have. We're
going to ensure the quality of care and have close medical control with
them.
COMMISSIONER COLETTA: One more question, Mr.
Summers. The -- this private organization, what's to assure us that
they won't, on their own, start to go to the point that they start taking
calls that would be from accidents or from homes to be transported to
the hospital? How would we be able to control that? I mean, is there
a mechanism in here that could stop that?
MR. SUMMERS: Yes, sir. I think there are a number of
scenarios. Number one, as I insisted, day to day communication with
-- between their Ambitrans dispatch center and ours. I think they have
been professional enough and have proven themselves that if there --
•1
October 25, 2011
something is indicated as an emergency response, I don't think they're
going to take -- I know they're not going to take it. They'll make sure
that our 911 service gets notified and we enter that call through the
dispatch center and dispatch it as an emergency.
So, number one -- number one, first of all, it's -- it will always
part -- you know, there is part of that education and outreach. When
do you call 911? When do you have a scheduled transport or an
interfacility transport? You dial -- in this case it will probably be an
800 number. So just -- the public knows an 800 number is not an
emergency dispatch. 911 is the emergency dispatch.
Secondly, without a doubt we'll be policing that. If I think that --
they are not even authorized in the ordinance to do scene calls unless
there is a disaster and we indicate that we need their response. So
they're prohibited from that.
And, Commissioner, I do think that, as I know the Charlotte, Lee,
and EMS organizations very well, they have obviously proven
themselves, and that would not be the case in Collier, much as we
match ourselves with Lee and Charlotte in the delivery of emergency
services.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Thank you so much. I have a
number of questions here actually.
I like the fact that you had already advertised and gotten local
people. We have a lot of people out of work, and I'm very concerned
with that. I was also concerned to hear "located in Cape Coral." How
would you know where the streets are? Some of our streets are really
odd where they are broken up in the middle and you can't tell which
side you go to, and we've had some problems along that line as well.
And speaking of that, if you're located in Cape Coral, will you be
keeping a few ambulances here in Collier County, like one on Marco
Island for instance? Because there's regular transports from the
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October 25, 2011
healthcare center to one of the hospitals. But if you're in Cape Coral,
by the time you get over there, you know -- well, anyway, it's a long
distance.
MR. GRANT: Commissioner, let me see if I can --
COMMISSIONER FIALA: I have move.
MS. GRANT: -- address a couple --
COMMISSIONER FIALA: Go ahead.
MS. GRANT: Yeah, let me see if I can address a couple of those
questions. First of all, yes, we will be opening up a base here in
Collier County if the COPCN is issued. It makes no sense for me,
from a business perspective, never mind from a locality perspective, to
have individuals or vehicles transporting themselves all the way down
here to do one or two calls and then going all the way back home.
So it makes fiscal sense, good business sense, and I think good
community sense to have a location in Collier County. We've already
-- I mean, I was down here yesterday meeting with one of the
commissioners, and on the way back home we already started scouting
out places, potentially, where we could put an office in.
Secondly, we like to hire locally, again, for that same reason, so
that people know their neighborhoods, know the community, know the
patients and other families that they're transporting. That also makes
good business sense and good common sense.
From a technological point of view, all our ambulances have
GPS systems on them so we know where each ambulance is, and it
shows up on our dispatch screens in our dispatch center so we always
know where our vehicles are, and we can -- you know, if they can't
find a place where they need to be, they all have vehicle locators, and
we can direct them there. So I don't foresee that as being a problem.
More importantly because the -- I'm going to guess 99.9 percent
of the work that we will do in Collier County, if not a 100 percent,
will be between medical facilities, nursing homes, hospitals, I
wouldn't -- I mean, once somebody's been working in the community
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October 25, 2011
for about a month or so, they're going to pretty much know where all
the facilities are that they need to be.
So not dealing in an emergency situation, like your 911 system
does, it becomes a lot easier to familiarize yourself with the area and
the locations you need to be at.
COMMISSIONER FIALA: Even though it's nonemergency, in
some cases, especially like with the Marco Healthcare Center, it is an
emergency because they get somebody as far as the healthcare center,
then they have to get off the island --
MR. GRANT: Yes.
COMMISSIONER FIALA: -- and to another location. And so I
wanted to know how many ambulances will you have -- if this is
granted -- will be located permanently in Collier County, and do you
have an idea yet of where you're going to locate them?
MR. GRANT: First of all, we don't have an idea because we
don't know where the calls are going to come from. We're expecting
that some of them will come from Naples Community Hospital, some
of them from North Collier, some of them from Physicians Regional.
We want to be centrally located with one -- with one location so that
we can have a good response time to all those facilities.
So we'll probably be somewhere in the middle. And I'm not quite
sure where that's going to be. It's going to depend on zoning. It's
going to be dependent on availability of a building that will meet our
needs. Hopefully those will be growing needs.
I am in the process of ordering three new ambulances. We're
waiting on the outcome of this meeting today. Now, whether we'll --
all three of those will be immediately down here, I don't know. It's
going to depend on demand.
And I would expect that if you're like Charlotte County and
Sarasota County and Lee County, that demand during the winter
months is going to be a lot more than it is during the summer.
And so we will probably ramp up during the winter and decrease
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October 25, 2011
a little bit during the summer. But, quite frankly, no one has been able
to give us a handle on what the demand for our services is going to be.
We can ramp up very quickly. I could probably have, you know,
three vehicles down here within a month and two more shortly
thereafter. It's critical to us that we make sure that those 14 people or
20 people, or however many we end up hiring, get trained correctly.
And we want to make sure from a patient -care point of view that
they're trained correctly. So we'd probably have them working with
some of our existing staff and going through a whole training program
before we deployed them to Collier County.
But that's our intention. I mean, we've done this before. We
have gone into Lee County and provided service there and ramped
that service up. We've gone into Sarasota County and done the same
thing. And as the demand for the service has increased, our staffing
and our vehicle locations have increased also.
COMMISSIONER FIALA: Okay. I'll tell you a couple of my
fears.
MR. GRANT: Please.
COMMISSIONER FIALA: And this is a great fear to me. I'm
worried about eroding the EMS system, our own personal EMS
system. I mean, we've got -- we've got to keep those jobs locally here,
and I don't want to see that system eroding because we bring another
system in. I'm very concerned about that.
And by the way, I'm going to make a sidenote here. We need to
change our billing out of Cincinnati and bring it back to Collier
County.
MR. GRANT: We'd be glad to help you with that.
COMMISSIONER FIALA: Well, I'd like it in Collier rather than
in Lee County, to be honest with you. I mean, we need -- we need the
billing to be taking place here, but that's just a sidenote.
And if we choose to do this, we're going to have to have a
well - coordinated system with impeccable communications to make
October 25, 2011
sure we know who's going where and what's being covered and what
isn't, because you've got your answering service, your 800 number,
we've got our 911, and we have to make sure that they're speaking to
each other all the time and things aren't dropped, because we don't
want a problem.
MR. GRANT: I think you should complement your staff
because, quite frankly, the requirements that they're making on us as a
result of this COPCN application are probably more rigorous than in
Lee, Sarasota, or Charlotte County. The fact that they want to meet
with us on a quarterly basis and have us call in on a daily basis is
something that no other county requires us to do.
So I think that you're going to find that you're going to have
much more control over this -- over our system in what we do than
other counties do.
I would also say to you in regards to the EMS issue -- again, let
me reiterate this. We have been providing services in Charlotte
County nonemergency ambulance services for over 20 years. The
system, the EMS, the publicly funded EMS system in Charlotte
County has flourished in those past 20 years. We have been providing
EMS services or nonemergency ambulance services in Sarasota
County for approximately 15 years; likewise, that system has
flourished.
And I think that you're going to find that, likewise, in Lee County
and here, we are complementing the system. We're not taking away
from the system. We're providing certain things that a 911 service
can't do.
And you have to look at it not just as a 911 service. You have to
look at it a little bit more globally. If your 911 system is all tied up
but a hospital has a patient and it needs to be transferred to another
hospital because they can't care for that patient there, then that good
patient care will require you to call another ambulance service in to
transport that patient to where that needed care is.
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October 25, 2011
So when I say we're a complement to your service here that you
have now, I'm looking at it globally as a patient care issue, not just as,
you know, a 911 call from the street or from a home for a heart attack
or a car accident or whatever, look at it that not all hospitals can do all
things and some patients need to be moved either because of their
preference or because of their medical condition, and that's where we
come in.
COMMISSIONER FIALA: Okay. And I hear what you say
about complementing our service. I'm -- as I said before, I'm very
concerned that we don't lose any of our EMS guys, that they don't lose
their jobs, that we keep the jobs here locally. I don't want to go
outside the county.
I realize that your billing is going to be done in Lee County, so
that -- the taxes are paid there in Lee County. I understand that. But I
want to keep -- I don't want to lose -- I don't want to lose a single guy,
and if there's any growth, I want to make sure that it happens here with
our guys and not someplace else.
MR. GRANT: And I think that the members of the union will
find out that, in retrospect, we will probably be the best thing that ever
happened to them, and that's because what we do helps them out.
First of all, we do take a lot of new paramedics and a lot of new
EMTs on, as the union president said, and that's how he got his start.
We do that same thing. There are -- I can't tell you how many people
working for Charlotte, Sarasota, and Lee Counties got their start with
Ambitrans, learned the ropes, learned patient care, and when they
went to work for the public system, they were so much ahead of or so
far ahead of their contemporaries who they came in with because they
had that experience. And a lot of those folks still work for us part
time.
COMMISSIONER FIALA: So now you're talking about
granting a one year --
MR. GRANT: If you don't like what we're doing, we'll be back
October 25, 2011
-- you know, you don't --
COMMISSIONER FIALA: And will you give us periodic
reports --
MR. GRANT: Yes, ma'am.
COMMISSIONER FIALA: -- Leo and Don (sic), just to make
sure that we know how the service is operating and to make sure that
our guys are protected and not -- you know, not losing any jobs?
We've got a bunch of firefighters over in East Naples that are out of
work, and I think some of them are experienced paramedics.
MR. GRANT: Well, I hope they come to work for us until they
get their jobs back, quite frankly. I'd like to have them.
MR. OCHS: Yes, ma'am. We'll provide those reports.
CHAIRMAN COYLE: Remember that this is not a hearing to
decide if we issue his COCPN -- COPCN. This is a hearing -- no.
This is a hearing to determine if the staff should come back to us with
an ordinance.
COMMISSIONER FIALA: Well, it says, approve the Certificate
of Public Convenience and --
CHAIRMAN COYLE: No.
COMMISSIONER HILLER: That's what it says.
CHAIRMAN COYLE: Okay. All right.
MR. OCHS: Commissioners, let me clarify. We are, indeed,
asking for you to grant the COPCN today. What we're indicating is --
CHAIRMAN COYLE: Bring it back.
MR. OCHS: -- that as a Class 2 provider under your ordinance,
Class 2 providers are allowed to provide intrafacility hospital
transports. That means transports between facilities owned by the
same hospital. What we're indicating here is that if you grant this, we
will have to bring that ordinance back for a minor tweak to allow these
Class 2 providers to provide interfacility and intrafacility transports.
So if a patient needs to go from an NCH facility to an HMA
facility, that tweak in the ordinance that we're suggesting here would
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October 25, 2011
allow that -- the Class 2 provide that transport.
CHAIRMAN COYLE: And the requirements that are being
imposed upon this organization I hope will be brought back for the
board -- complete board review, that is all of the requirements
concerning how they operate, how they report, and where their
facilities might be. Are you going to do that?
MR. OCHS: If that's the board's pleasure, yes, sir.
CHAIRMAN COYLE: I think that's what Commissioner Fiala
was essentially concerned about.
MR. OCHS: And I'm happy to do that. But, again, I need to
clarify that we're talking about the issuance of a Class 2 COPCN --
CHAIRMAN COYLE: Okay, all right.
MR. OCHS: -- which is already spelled out in excruciating detail
in your ordinance. So all of the provisions that exists in that
ordinance, this provider as a Class 2 holder of that certificate will need
to comply with.
CHAIRMAN COYLE: But you're going to bring the ordinance
back for some modifications?
MR. OCHS: The modification would be as I just explained, yes,
sir.
CHAIRMAN COYLE: Okay. All right, okay.
Commissioner Hiller?
COMMISSIONER HILLER: Yeah. I have some very serious
concerns about this. To begin, have you spoken to the hospitals?
MR. GRANT: We have had ongoing conversations with the
hospitals, yes.
COMMISSIONER HILLER: And what have they said?
MR. GRANT: Allen, you want to address that one?
COMMISSIONER HILLER: And who have you spoken to?
MR. GRANT: Alan Scavroneck's my chief operating officer.
MR. SCAVRONECK: Good morning. Alan Scavroneck, for the
record.
October 25, 2011
I have been in contact with Scott Lowe from HMA for the
Physicians Regional Group, and they are interested in entering into an
agreement with us to provide service, as well as I received a call from
NCH last Friday from Mark Milner, who's their Director of Case
Management, and he was also inquiring as well on entering into an
agreement, but we've yet to put anything to paper.
COMMISSIONER HILLER: Well, I'm very disappointed that
they're not here, because I would like to hear from them directly and
make sure that what they need will be satisfied by you or someone
else's involvement, so I have a concern about that.
The other concern I have is the statement that you made that you
can't determine demand and that you don't have the equipment.
MR. GRANT: I don't think I ever said we don't have the
equipment.
COMMISSIONER HILLER: Well, you said you were going to
buy three ambulances.
MR. GRANT: Yes. We are buying three ambulances, and
whether we use as replacements or additions to the fleet will depend
on the vote you take here today.
COMMISSIONER HILLER: But the point being is you don't
know what the demand is for the community, you don't know if you
need to add three or ten ambulances or if what you have is enough.
You know, my concern is that, you know, this was publicly
noticed on -- or I shouldn't say public. What I mean publicly noticed,
the agenda became public on Thursday. This is a very serious issue. I
mean, issuing a COPCN --
MR. GRANT: Yes, it is.
COMMISSIONER HILLER: -- is not something to be taken
lightly. You know, when I think back, I see some of the North Naples
Fire people here about the deliberation and research that was involved
in granting a non - transport COPCN to North Naples. And the position
of this board that, oh, we would never issue a transport based COPCN,
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October 25, 2011
and now all of a sudden in a matter of days, you know, staff is putting
forward this situation, you know, as if it was any other, you know,
run -of -the -mill agenda item.
I mean, I just don't get it. I mean, I'm actually appalled by the
lackadaisical approach with which this manner -- with which this
subject is being handled. I'm really concerned about it.
I go back to the fact that I want to see an overall picture of what's
going to happen, because I share Commissioner Fiala's concern with
respect to our existing EMS staff. I want to know how this is going to
affect the quality of service at a BLS level as well as an ALS level. I
want to -- I want to have the full impact of what this means to the
county, and I'm not seeing that here today.
I just -- I just have, really, a very hard time with this coming
forward in this fashion today.
And this is no fault of yours. I mean, by the way, who -- how did
you come up with the idea to apply for the COPCN?
MR. GRANT: We -- quite frankly, we have been doing work
down here for probably 15 years. We had thought about applying for
a COPCN a while ago. We have made proposals to Naples
Community Hospital prior to them starting their own ambulance
service. So we're -- and because we were doing so many transfers out
of county because your EMS system doesn't do that, it just made sense
for us.
We knew that there were some difficulties in providing the
interfacility transfers locally, and we applied for the COPCN.
COMMISSIONER HILLER: So you just came up with the idea
and --
MR. GRANT: Ma'am, I'm a businessman. I'm always looking
for --
COMMISSIONER HILLER: And I commend you for doing
that. And I think that's great. And maybe at the end of day once we
have all of the information, you know, I would certainly support this.
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October 25, 2011
I just don't feel I'm prepared to do so today.
MR. GRANT: I will tell you frankly -- and I'm trying to speak
humbly -- we've got a staff that has over 200 years of experience,
senior management staff providing this type of service, as well as
emergency ambulance service.
I came out of the Boston area. I was a former ambulance
inspector for the Department of Public Health, the State Department of
Public Health. I was a supervisor up there, so I'm very familiar with
regulations and how important those are. I came down here to take
that small wheelchair service back then and to grow it to what it is
today.
Patient care is the issue. And I understand your concerns and I
understand the concerns of the union in terms of Ambitrans being a
threat. But I know -- and I think that the union presidents in those
other communities will tell you the same thing. We have never been a
threat. We've always helped them out.
COMMISSIONER HILLER: And I want to say I have no doubt
that, you know, what you're saying is correct. I just need to confirm it
for myself, and I need to be sure that I'm doing what's in the public's
best interest, so I need to do my due diligence.
MR. GRANT: I appreciate your concern.
COMMISSIONER HILLER: So I do thank you, and I love
Boston, by the way.
MR. OCHS: Commissioner, if I might, just real quickly, in
partial response to Commissioner Hiller's concern. You know, this
board has licensed a nongovernment Class 2 provider since 2004, and,
you know, I can guarantee you that your EMS department and your
calls for service for prehospital 911 care has not been adversely
impacted by that.
COMMISSIONER HILLER: Are you talking about NCH?
MR. OCHS: Yes, ma'am, I am.
COMMISSIONER HILLER: And this was where we most
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October 25, 2011
recently -- I mean, they just recently dropped their COPCN?
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: And that's -- and are you bringing
this forward because North -- because NCH said they no longer
wanted a COPCN?
MR. OCHS: No. I'm bringing this forward because this firm
applied for a COPCN, and under your ordinance I have a duty to
evaluate that application and bring it to the board.
COMMISSIONER HILLER: I understand. Thank you.
MR. OCHS: Thank you.
CHAIRMAN COYLE: Yeah. Commissioner Henning?
COMMISSIONER HENNING: Yeah. It just so happens that,
recent events, this is a good thing for the citizens of Collier County.
We have a hole, especially between transports between NCH facilities.
Ambitrans and Mike Grant has been around for a long time. I'm
sure some of you even met with him in his previous capacity as the
Florida legislator.
COMMISSIONER HILLER: That's great.
COMMISSIONER HENNING: And I don't see any problem
here. Mr. Grant and the county manager's assured me that they are not
interested in doing EMS or EMS advanced.
MR. OCHS: Prehospital.
COMMISSIONER HENNING: We are still going to provide
that. This is a -- this is another option that the citizens have.
And so I'm going to make a motion to approve.
CHAIRMAN COYLE: Second. And I'll turn my light on.
The decision to me is relatively simple. Either we do it ourselves,
which essentially means that we have to come up with about $500,000
or more to do the services that we haven't been paid for by hospitals --
and I don't know that we have the budget to support that, particularly
when there is an organization that is proven to be capable of providing
the interfacility transports in Collier County.
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October 25, 2011
So either we approve it or we approve a budget amendment of
some kind that gets us additional money to take it over ourselves, and
I'm not sure that we're prepared to do that.
So we have a motion by Commissioner Henning, seconded by
me.
Commissioner Hiller -- who was first, Commissioner Hiller?
COMMISSIONER FIALA: Hiller.
CHAIRMAN COYLE: Okay.
COMMISSIONER HILLER: Leo, help me out. In the
arrangement with NCH when they had the transport COPCN between
their facilities, what was our role with respect to that? Because I --
you sent me a copy of some letter that said that you were no longer
going to provide service to them.
So what role were we playing in transport, and what is our role
going to be if this is adopted?
MR. OCHS: Commissioner, we were primarily providing a
support or backup role to the hospital and, frankly, that was -- that was
not the intent of the board when they issued the COPCN to the
hospital, their renewal back about a year ago. But obviously if they
did not provide sufficient resources - let me just get this up on the
visualizer.
This is a copy of the Certificate of Public Convenience and
Necessity that was issued to the NCH Healthcare System. You'll note
on the bottom that it says that the NCH Healthcare System must staff
transport unit for the Urgent Care Facility at Marco, and, in addition,
EMS will not be required to supplement NCH Healthcare System
transports. That's NCH Healthcare System transports.
Unfortunately, they didn't have enough personnel and equipment
on certain days to meet their own demand, and so we were called to
supplement. And when we did, we billed under the board's billing
ordinance.
COMMISSIONER HILLER: So that's where my concern is. I
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October 25, 2011
don't want us -- to see us in the same situation as we were with NCH
to the extent that we don't know what the demand is, or so I'm being
told today. And to the extent that we don't know that this company
has the ability to service that demand, I don't want us to be faced with
a similar situation and patient care compromised as a result.
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: Can you help me with that?
MR. OCHS: Well, I would only say to you that, you know, I
would anticipate the situation with Ambitrans being no worse and
most likely better than what we face with the two hospitals today. And
we'll always be the responder of last resort on these interfacility
transports if the other providers are tied up. So that's the assurance
they can give you.
COMMISSIONER HILLER: How come you don't know what
the demand is? Because we have to -- when we award the COPCNs,
we have to make an assessment of need and we have to show that the
service provider is satisfying the need. So how can I come to a
conclusion without that information?
MR. OCHS: Well, Commissioner, I can tell you there's about
1,900 to 2,000 interfacility calls, as Chief Kopka provided to me, that
come between the two hospital systems. If those can be handled by
Ambitrans or some other certificate holder that the board would want
to have in that niche market, that allows your EMS department to
concentrate on their core mission of providing ALS prehospital 911
service in the field.
And that -- as Commissioner Henning said, you know, we've got
a gap in that niche market, and this would, in our opinion, provide an
opportunity to meet that demand, cost effectively to the citizens and to
the hospitals, I might add.
COMMISSIONER HILLER: Are there any other alternatives to
providing that demand other than this single service provider? Are
there any other possible service providers out there that could be
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October 25, 2011
considered that you're aware of?
MR. OCHS: I'm not aware of, ma'am. But if they're out there
and they want to apply for a COPCN for that Class 2 license, they're
certainly able to do that.
COMMISSIONER HILLER: And then they would turn around
and just compete for the various hospitals. So we would not be in any
way, as you say, providing an exclusive?
MR. OCHS: No, ma'am.
COMMISSIONER HILLER: Okay.
Can I ask the petitioner a question?
MR. GRANT: Yes, ma'am.
COMMISSIONER HILLER: Do you have the resources -- the
county manager says there are 2,000 inter and intrafacility calls, and I,
you know, would be making my decision based on that. Do you have
the financial resources, the staffing resources, and the equipment to
service this level of calls?
MR. GRANT: Yes. We submitted a financial report from our
accountant, certified -- CPA to staff. We have the financial
wherewithal to not only buy the ambulances, but to pay for the upfront
labor before we start our billing process. That's not an issue.
If the board approves this today, those three ambulances will be
ordered, probably by this afternoon, and we may add another three
after that.
To look at doing approximately seven or eight calls a day on
average, you'll probably be looking at two and sometimes three
ambulances a day. That's not going to be an issue for us.
COMMISSIONER HILLER: And, again, what type of
paramedics are you going to have on those ambulances?
MR. GRANT: Same kind of paramedics that Collier County
EMS has on their ambulances.
COMMISSIONER HILLER: So they -- are they --
MR. GRANT: State Certified Paramedics.
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October 25, 2011
COMMISSIONER HILLER: Okay. So they can --
MR. GRANT: Same as -- they could go to work for Collier
County tomorrow and work for me the next day or vice versa, and that
frequently happens.
The training levels -- just so you know, the minimum training
levels for a paramedic are set by state standards, and if you are a
licensed ambulance service in the State of Florida, as we are, as is
Collier County, all those standards are the same. Those minimum
standards are the same.
Where we differentiate is that we spend more time on long
distance transports using vents and using other equipment that perhaps
an EMS agency wouldn't use because you're not going to carry a --
typically you're not going to carry a vent in the field. You're going to
bag somebody to get them to the hospital if that's what you need.
COMMISSIONER HILLER: Thank you for that. And I agree
with you; that was my interpretation of the law as well.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER HILLER: Thank you.
COMMISSIONER FIALA: Yes. I'm going to vote for
Commissioner Henning's motion, and I just want to state why. First of
all, I -- in the beginning you mentioned that there's a great cost
savings, and that's appealing, not only to the patient, but to our
taxpayers as well. Secondly, because you hire -- you're hiring locally.
That's very important to me.
And as long as you're hiring within Collier County for your
service, that says to me that we're going to stimulate some jobs. That's
very important to me. That it's a one year granting and that you're not
going to be eroding our EMS system. Those are the four reasons I'm
going to vote for this.
MR. GRANT: Thank you, ma'am. And we will be giving
preference to Collier County EMTs and paramedics more so than
anybody else because, again, it just makes good business sense. And I
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October 25, 2011
think that you are protecting yourself and the board's protecting itself
by issuing this COPCN for one year.
I think if you don't like what we're doing after six months you
can always rescind it. But I doubt very much that you're going to be
disappointed with the level of effort and the quality of patient care that
you're going to get from Ambitrans.
CHAIRMAN COYLE: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Mr. Donovan?
MR. DONOVAN: Yes, ma'am.
COMMISSIONER HILLER: Mr. Donovan, can you come back
to the podium.
MR. DONOVAN: Yes, ma'am.
COMMISSIONER HILLER: Since you represent, you know,
the paramedics --
MR. DONOVAN: Yes.
COMMISSIONER HILLER: -- I would like to know, having
heard everything you heard today, what's your level of comfort with
issuing a COPCN to this group? And you know more about what
they've done, you know, in their performance in other counties. How
do you feel about this?
MR. DONOVAN: Well, I can't really speak --
COMMISSIONER HILLER: Having heard everything.
MR. DONOVAN: -- of their total performance in other counties.
They are an established organization; it has been documented for
years.
I just had my concerns that I spoke about earlier, and I know it's a
business decision. I worry first and most of all about patient care,
because we know there's been issues that's happened recently.
Your EMS, Collier County EMS, will be here for you -all, and we
will continue to be here for you, and whenever you need us, we'll be
here, but I just would prefer that, again, we didn't have other providers
in especially the hospital to hospital transportation.
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October 25, 2011
And I think a great concern of mine that I brought up initially
was, you know, when you have to take that Code Save A Heart from
let's say NCH North to downtown, who are they going to call first?
Are they going to call Ambitrans, or are they going to call us? And,
like, for the Code Save A Heart, we respond with lights and sirens to
that patient.
COMMISSIONER HILLER: Right. And we had that incident --
MR. DONOVAN: Right.
COMMISSIONER HILLER: -- and that was a situation where
there was a situation identified as a BLS and it was an ALS situation --
MR. DONOVAN: Right.
COMMISSIONER HILLER: -- and I believe that woman ended
up dying.
MR. DONOVAN: She had issues, and there was all kinds of
things. And I don't want to, you know -- I don't want to go there,
because it's not fair to me to make any decision or judgments on that --
what happened.
But I do know that, you know, sometimes you walk into things
and they -- one thing about being a paramedic that you find out is
every day is never the same. You never know what you're going to
walk into, and I think that's probably why I love what I do and I
continue to do what I do is because it's a -- it's a mission that I have to
provide help for citizens of Collier County.
You know, if he told me that their medics would attend, let's say,
our in services and they -- if you go ahead and you approve this and
they come to our in- services, they become known to us and they
showed the same competency as your medics and your EMTs, that
would provide a level of comfort.
You know, they're -- I like the thought of that -- when Mr.
Summers said that in national -- or natural disasters or man -made
disasters, we do need resources, absolutely. I'm not going to besmirch
them and say "never." Absolutely, we have to have them. We're just
October 25, 2011
talking day to day operation.
And I do have to speak well of our management with EMS, that
they want constant communication with -- I believe it's our EMS com
which handles the communications with dispatch. They were doing it
with NCH, and they were always kind of helping direct trucks where
they needed to be to make sure.
So they're trying to work within the -- if you decide to approve
this, I think following the Lee County model, or if you make further
stringent, you know, requirements to them, then it provides a -- you
know, a level of comfort for more -- just the patient.
To me it's all about the patient. Not here for the politics. Yeah,
I'm a political union guy right now, but I don't care about that. I am
here making sure that the patient is being taken care of first. I don't
want to see cracks that fall -- you know, people fall through the
cracks.
COMMISSIONER HILLER: Yeah, that's my concern.
CHAIRMAN COYLE: Okay. All in favor, please signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
COMMISSIONER HILLER: I have a problem. If the -- if
Commissioner Henning would consider modifying the motion to
ensure that the wording in the contract follows what Mr. Donovan
says, that it parallels Lee County so we have the assurances, I would
support it.
CHAIRMAN COYLE: We've voted, Commissioner Hiller.
COMMISSIONER HILLER: All right. Then I have to vote no.
CHAIRMAN COYLE: Okay. It passes 4 -1 with Commissioner
Hiller dissenting.
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October 25, 2011
COMMISSIONER HENNING: I have --
CHAIRMAN COYLE: I'm sorry.
COMMISSIONER HENNING: I have to just say something. I
have to leave here tomorrow by 2:30.
CHAIRMAN COYLE: Okay, yeah. I have to leave here by 2:30
today.
So we're going to break for lunch. We'll be back here at 1:28.
COMMISSIONER FIALA: 1:30.
CHAIRMAN COYLE: 1:28.
COMMISSIONER COLETTA: 1:30.
CHAIRMAN COYLE: Every minute counts now.
(A luncheon recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
Ladies and gentlemen, please take your seats.
CHAIRMAN COYLE: Okay. Ladies and gentlemen, the Board
of County Commission meeting is back in session.
Where do we go from here, County Manager?
Item #8A
ORDINANCE 2011 -40: RECOMMENDATION TO APPROVE
GROWTH MANAGEMENT PLAN AMENDMENT PETITION CP-
2006 -11, DAVID TORRES, FOR HACIENDA LAKES OF NAPLES,
LLC – ADOPTED
I E'Eb
RESOLUTION 2011- 201 /DEVELOPMENT ORDER 2011 -05:
PETITION DRI- 2006 -AR- 10147, HACIENDA LAKES DRI —A
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, APPROVING A
DEVELOPMENT ORDER FOR HACIENDA LAKES, A
Page 110
October 25, 2011
DEVELOPMENT OF REGIONAL IMPACT LOCATED IN
SECTIONS 11 THROUGH 14 AND 23 THROUGH 25, TOWNSHIP
50 SOUTH, RANGE 26 EAST, AND SECTIONS 19 AND 305
TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA, WHICH WILL ALLOW UP TO 1,760 RESIDENTIAL
DWELLING UNITS INCLUDING CONVERSIONS TO
RECREATIONAL VEHICLE PARK AND SENIOR HOUSING FOR
INDEPENDENT LIVING, ASSISTED LIVING AND NURSING
CARE, 327,500 SQUARE FEET OF RETAIL USE, 705000 SQUARE
FEET OF PROFESSIONAL AND MEDICAL OFFICE INCLUDING
A CONVERSION OF RETAIL USE TO PROFESSIONAL AND
MEDICAL OFFICE, A 135 -ROOM HOTEL INCLUDING A
CONVERSION TO BUSINESS PARK, 1405000 SQUARE FEET OF
BUSINESS PARK OR EDUCATIONAL FACILITY, A PUBLIC
SCHOOL AND CONTINUATION OF EXISTING "JUNIOR
DEPUTY' PASSIVE RECREATION AND EXISTING "SWAMP
BUGGY" ATTRACTION; PROVIDING FOR FINDINGS OF
FACT; PROVIDING FOR CONCLUSIONS OF LAW; AND
PROVIDING AN EFFECTIVE DATE — ADOPTED W /CHANGES
Item #8C
ORDINANCE 2011 -41: PETITION PUDZ-2006-AR- 10 146:
HACIENDA LAKES MPUD -- AN ORDINANCE OF THE
BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-
41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR COLLIER
COUNTY, FLORIDA BY AMENDING THE APPROPRIATE
ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
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October 25, 2011
PROPERTY FROM THE AGRICULTURAL (A),
AGRICULTURAL- SPECIAL TREATMENT OVERLAY (A -ST)
AND PUD ZONING DISTRICT (SWAMP BUGGY DAYS PUD)
TO THE MIXED USE PLANNED UNIT DEVELOPMENT
(MPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE
HACIENDA LAKES MPUD THAT WILL ALLOW A MAXIMUM
OF 327,500 SQUARE FEET OF GROSS RETAIL COMMERCIAL
FLOOR AREA; 70,000 GROSS SQUARE FEET OF
PROFESSIONAL AND MEDICAL OFFICE SPACE INCLUDING
A CONVERSION OF RETAIL USE TO PROFESSIONAL AND
MEDICAL OFFICE; 135 HOTEL ROOMS INCLUDING A
CONVERSION TO BUSINESS PARK; 140,000 GROSS SQUARE
FEET OF BUSINESS PARK OR EDUCATION FACILITY; A
PUBLIC SCHOOL; CONTINUATION OF EXISTING "SWAMP
BUGGY" ATTRACTION AND "JUNIOR DEPUTY" PASSIVE
RECREATION; AND A MAXIMUM OF 1,760 RESIDENTIAL
DWELLING UNITS INCLUDING CONVERSIONS TO
RECREATIONAL VEHICLE PARK AND SENIOR HOUSING
FOR INDEPENDENT LIVING, ASSISTED LIVING AND
NURSING CARE. THE SUBJECT PROPERTY, CONSISTING OF
21262 +/- ACRES IS LOCATED ON THE EAST SIDE OF
COLLIER BOULEVARD (C.R. 95 1) AT THE INTERSECTION OF
COLLIER BOULEVARD AND RATTLESNAKE- HAMMOCK
ROAD AND NORTH AND SOUTH OF SABAL PALM ROAD IN
SECTIONS 11, 129 13, 14, 235 24 AND 25, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, AND SECTIONS 19 AND 30, TOWNSHIP 50
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF ORDINANCE NUMBER 84 -26,
FOR SWAMP BUGGY GROUNDS; AND BY PROVIDING AN
EFFECTIVE DATE — ADOPTED
MR. OCHS: Commissioners, this takes us to your 1 p.m.
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October 25, 2011
advertised public hearing section of your agenda. It's Item 8A. This
item has been continued from the September 27, 2003 (sic), BCC
meeting to the October 11, 2011, BCC meeting, then to the October
259 2011, BCC meeting, and this is a recommendation to approve a
Growth Management Plan amendment, Petition CP2006 -11, David
Torres for Hacienda Lakes of Naples, LLC. This is an adoption
hearing.
Commissioners, I will note that you have two companion items
to 8A, those being 8B and 8C, all related to the Hacienda Lakes
project.
CHAIRMAN COYLE: Okay. Would the petitioner be amenable
to a further delay?
MR. YOVANOVICH: Let me wake him back up.
CHAIRMAN COYLE: Yeah. I saw you dozing off there, Mr.
Yovanovich. I thought I'd get your attention.
Okay. We're -- we don't need to swear in participants for this
one, but are we going to intermingle any of this testimony?
MR. OCHS: I would turn to Mr. Klatzkow.
MR. KLATZKOW: You know what, they're so intermingled, I'd
use all three with both.
CHAIRMAN COYLE: Okay. Then we'll swear in everybody.
Anybody who's going to provide testimony in this petition please rise
and be sworn in.
(The speakers were duly sworn and indicated in the affirmative.)
MR. OCHS: Commissioners, we'll be giving ex parte as well,
then, at this point?
CHAIRMAN COYLE: Yes, we will, and we'll begin with
Commissioner Hiller.
COMMISSIONER HILLER: I have had meetings,
correspondence, emails, and calls, staff report, BCC review materials,
correspondence with staff, and the same holds true for the other
related agenda items.
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October 25, 2011
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I've had -- I've also had
meetings and correspondence, emails and calls and a staff report. I've
spoke with Mr. Yovanovich and with --
COMMISSIONER HILLER: Yovanovich?
COMMISSIONER FIALA: -- and with Dwight and with David
Torres and with Mr. Bauer, and I've spoken with staff members. I've
spoken with community members as well. And, in fact, I announced
this last night at our town hall meeting as well. So I think that about
covers it.
CHAIRMAN COYLE: Did you tell them how you were going to
vote last night?
COMMISSIONER FIALA: Yes.
CHAIRMAN COYLE: You did?
COMMISSIONER FIALA: Yes.
CHAIRMAN COYLE: Okay. I also have had meetings,
correspondence, emails, I've read the staff reports several times, and I
think I've met with most of the people in the audience on this item.
So we'll go to Commissioner Coletta.
COMMISSIONER COLETTA: Well, I'm in the same boat. I've
also had numerous meetings, correspondence, emails, and recently I
even took the time to call Tom Cannon from Florida Sports Park and
Wayne Arnold from the Junior Deputies to try to make sure they were
onboard. It's been -- it's been pretty extensive.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Received the Planning
Commission's packet, received phone calls, I viewed the Planning
Commission's -- some of the Planning Commission's hearing on this
rezone, and also talked to Joe Bonness.
CHAIRMAN COYLE: Okay. Then we're ready to go. How
many speakers do we have, Ian? Two?
MR. MITCHELL: Sir, there's -- for 8A we have two.
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October 25, 2011
CHAIRMAN COYLE: They're not going to speak more than
once are they?
MR. MITCHELL: It's a -- all together for 8A -- sir, all together
for 8A, B. and C, we've three registered speakers.
CHAIRMAN COYLE: Okay, good. Thank you very much.
Go ahead, Mr. Y.
MR. YOVANOVICH: Thank you. Good afternoon. For the
record, Rich Yovanovich, Yovanovich, or whatever other name you
want to call me that can be said out loud, and I represent the petitioner
in all three petitions before you.
Also with me today are George Bauer, the owner of the property;
David Torres, the applicant and property owner representative; Bob
Mulhere of Mulhere & Associates, one of two professional planners
on the project; Dwight Nadeau of RWA, the other professional
planner on the project; Ken Passarella with Passarella & Associates,
our environmental consultant; Emilio Robau with RWA, our
professional engineer for the project; Bill Oliver and Fabricio Ponce
with Tindale- Oliver to address any traffic questions you may have;
and Andy McThenia, our hydrogeologist, if you have any questions
regarding the project.
I don't anticipate them testifying. Unless you have specific
questions, I'll just take you through each of the three petitions and then
open it up for any questions that you may have.
The first item on your agenda is the adoption hearing for the
comprehensive plan amendments. You have seen the comprehensive
plan amendments before, and you transmitted all of the amendments
unanimously for this project.
I put on -- I'm sorry. I should have started with the aerial that's
on the visualizer. The property is located at the corner of Rattlesnake
Hammock and Collier Boulevard. It's approximately 2,260 acres.
Approximately 1,637 acres is designated rural- fringe mixed -use
district, and 625 acres are designated urban residential fringe
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October 25, 2011
subdistrict.
And to get a better idea of where those are, I'll put the master
plan up. Let's see if I got lucky. Nope. Help me, please. Thank you.
This road that jogs in and out is a future Benfield Road. The
actual urban line ends right around here. Lands to the west of that are
the urban residential fringe mixed use subdistrict, and lands to the
east, which are predominantly green, are rural- fringe mixed -use
district sending lands.
When we're done, the green area is the preserve area. About
1,500 of acres of that will be conservation preserve lands.
The current plan is to remove the TDRs from the green lands.
That would -- to get all four TDRs, our goal is to give the land to
either some state agency or other governmental agency so we can
maximize the TDRs from that property. So the plan is to convey that
land to a state agency so we can get a -- we can obtain all the TDRs.
If we're unable to have a state agency take the lands, then they
will remain part of the project and be either maintained by CDD or the
HOA. But, again, the goal is to maximum our TDRs and hopefully
have a state agency take those lands.
The actual development area of the property is about 1,780 acres.
We're going forward with 1,760 residential units, 704 of which are
single - family, and 1,056 are currently scheduled to be multifamily.
As you know, we have a conversion formula for transferring between
single family and multifamily dwelling units, you know, should the
market change.
And with the DRI you have to declare upfront how many single
family and multifamily, unlike the typical PUD. So we are asking for
some flexibility with the convenience -- conversion formula.
We're asking for a maximum of 327,500 square feet of retail
uses, which will be in the activity center, which is designated orange
on the master plan. That's where the activity center is.
We're asking for a 135 room hotel which can either be
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October 25, 2011
constructed on the activity center property or the business park
property, which is light blue on the master plan.
We're asking for 140,000 square feet of a business park, and if it
won't be a business park, it will be a school. And that, as I've already
pointed out, is light blue. We are providing a public elementary
school site of a little over 19 acres to provide for an elementary school
for 919 students, and that is a darker green on the master plan.
And we're maintaining the existing swamp buggy site in its
current location, and we're maintaining the existing Junior Deputies
site in the current location, which are here and here respectively. The
Junior Deputies is the smaller of the two sites.
COMMISSIONER FIALA: God bless you.
MR. YOVANOVICH: Bless you.
COMMISSIONER COLETTA: Thank you.
MR. YOVANOVICH: The Growth Management Plan
amendments allow us the opportunity to use the TDRs that we
generate within the one mile distance from the urban area, and that
would allow us to go from 2.5 units per acres or the project to 2.8
units per acre.
We -- in order to minimize our project footprint out in the rural
area, we've asked for the ability to impact more of the native
vegetation in the urban area. In return for that, we provide additional
preserve out in the rural area at a two -to -one ratio.
We're asking to expand the mixed -use activity center by 9 acres
to make up for lands that were conveyed to the hospital.
And then, finally, we're looking to clarify access to the business
park off of Lords Way, and that -- you've seen those amendments
before.
The PUD document is rather detailed and rather lengthy;
however, if you break it down, we're basically asking for three PUDs
in one. We're asking for the residential PUD with the typical
development standards you would find in a residential PUD; we're
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asking for a commercial PUD with the typical uses and development
standards you would find in the commercial PUD, and that's the
activity- center portion of the property; and then the business park
PUD is part of this project.
We're carrying forward the exact uses that are currently allowed
in the Swamp Buggy PUD for the swamp buggy property as well as
the Junior Deputies property. We're not changing anything from what
is already allowed within that portion of the project.
We have a DRI development order that is companion to both -- to
the PUD. The conditions in the DRI are also found in the PUD, so
they're all -- they're all similar.
As far as the project going forward, the project goes forward in
stages as we build road improvements. So as we build portions of
Rattlesnake Hammock, we can bring on the commercial and the
residential closest to the west. And as Rattlesnake extends further to
the east, we can bring on further development in the yellow area, in
this area here.
So this is Rattlesnake Hammock. As we build the first phase, we
can bring in the activity center and some of the residential. And as we
go further to the east, we can bring in the remainder of the residential.
Similar circumstances apply to the northern portion of the
project. We can have this initial development right here. When we
build access over the canal, we'll build a bridge. And then as we want
to do the business park, we will build Lords Way to the standards
approved for a business park road, and that will open up development
for the residential as well.
And then, finally, the last portion of the project is tied to this
portion of Benfield Road from here to roughly right here.
So we are not building Benfield for the future. We're connecting
our north and south portions of the project through constructing two
lanes of what will be a future four laned Benfield Road if and when
the county ever permits that road but -- and we don't know if they will,
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but if the county ever does, we will provide right -of -way there for the
county to acquire for Benfield Road.
There will be impact fee credits depending on the different
segments of the right -of -way. That's all detailed in both the
development order --
COMMISSIONER HILLER: Your mike is out.
MR. YOVANOVICH: There are impact fee credits for the
various road --
CHAIRMAN COYLE: That's too loud.
COMMISSIONER FIALA: It's fine. It's just fine.
COMMISSIONER COLETTA: Start over.
MR. YOVANOVICH: Okay. For the record, Rich Yovanovich.
CHAIRMAN COYLE: Your time has expired.
MR. YOVANOVICH: Again, the roadway improvements are --
there's a mixture of -- some of the improvements we get impact -fee
credits for them, some we don't, depending on whether or not we're
building more capacity than our project requires.
We spent 14 hours and two days in front of the Planning
Commission where they really went over this project well. As you
can see from the staff report, there were, I would say, about 40 or so
changes to the PUD documents, all of which are outlined in your staff
report, and I'll be happy to go through those if you want me to;
otherwise, I'll just stop with the staff report and request -- we actually
would have qualified to be on the summary agenda because we had
unanimous approval from the Planning Commission, the EAC,
nobody had spoken against the PUD document.
I -- your staff is recommending approval, your -- the Planning
Commission is recommending approval, the EAC is recommending
approval. We are requesting that you follow their recommendations
and approve the Comp Plan amendments, the DRI development order,
and the PUD petition as well.
There is one typo that I need to correct for the record on Page 7
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of the PUD document. And in the third line down under the Tract C
reference --
CHAIRMAN COYLE: What page was that?
MR. YOVANOVICH: Page 7 of the PUD document. It should
be Page 7 of 51 of that item.
COMMISSIONER HENNING: I've got 56 pages.
MR. YOVANOVICH: Well, it's the -- of the -- are you -- in the
PUD document.
COMMISSIONER HENNING: Oh, this is the resolution.
MR. YOVANOVICH: Yeah. That's the DO, Commissioner
Henning. It should be the next item. Seven of 51, there's a reference
to Tract BP for business park, and it really should be Tract R/MU.
What we're doing is, whatever retail we construct on the rural --
I'm sorry -- on the residential medical tract would be subtracted from
the overall 327,500 square feet of retail uses, and that's a typo that was
-- needs to be corrected on the record.
That's a quick and dirty overview of the three petitions. The staff
reports are very detailed and explain everything that we want to do.
And if you have any specific questions regarding the project, we'll be
happy to answer them.
CHAIRMAN COYLE: Okay. How many -- you said we had
three speakers in total, Ian.
MR. MITCHELL: Yes, sir.
CHAIRMAN COYLE: Do the commissioners wish to make
their comments and ask their questions now or would you prefer to
wait?
COMMISSIONER FIALA: I'd like to hear staff and then the
speakers and then go into comments.
CHAIRMAN COYLE: Okay. Any commissioner have any
objection to that?
(No response.)
CHAIRMAN COYLE: Okay. Then what we will do is hear
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from staff, and then we'll go into comments from the public.
MS. DESELEM: Good afternoon. For the record, my name is
Kay Deselem. I'm a principal planner in zoning, and I was the project
manager for the PUD and the DRI portions of the project.
Staff is recommending that the petitions be found consistent with
the Growth Management Plan as it's being amended in the companion
request, and we're recommending approval of both the DRI
development order and the PUD ordinance.
CHAIRMAN COYLE: Okay. Let's call -- Mike, do you have
something you need to put on the record?
MR. BOSI: Just that any of the interested public, if you'd like to
find the progress of this after it leaves the dais today, we have a sign -
up sheet that would provide information related as the petition would
travel on.
Other than that, the petitioner had indicated that the Growth
Management Plan amendments were being supported by staff and the
EAC and the Planning Commission as well.
CHAIRMAN COYLE: Okay, thank you.
Let's call the first speaker.
MR. MITCHELL: The first speaker is Amber Crooks.
MS. CROOKS: Good afternoon. I'm Amber Crooks from the
Conservancy of Southwest Florida. This project has come a long way
since it was first submitted to the county for Comp Plan and PUD /DRI
approval.
The Conservancy has had numerous meetings with the applicant
and they did, based on suggestions from us and others, redesign a
number of environmental elements within their project. As such, the
Conservancy acknowledges and appreciates such improvements and
are not opposed to the project.
From our review, the project seems consistent with the county's
environmental regulations; however, this project is a testament for a
need for improvement to the Growth Management Plan and Land
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Development Code, as this project is planning to directly impact 440
acres of wetlands. This is a tremendous impact, yet it is considered
consistent with the GMP and LDC.
The rural fringe policies and density blending policies allow this,
and the Conservancy believes that this is a prime example of how our
policies have failed us.
For this project, the final approval of these large impacts to
wetlands and imperiled species habitat will be decided by the state and
federal permitting processes. The state now has limited Growth
Management Planning review, and state agencies such as Water
Management Districts and the Florida Fish and Wildlife Conservation
Commission have limited resources.
Collier County cannot rely on other levels of government to say
no if a proposal is detrimental to our local interests. We cannot
continue to rely on policies that defer these critical decisions on
impacts of this size to other entities.
Therefore, when the rural fringe area is next evaluated, the issue
of wetland impacts needs to be part of that discussion. Collier County
should have more authority to require avoidance of such impacts.
Again, these comments on these necessary improvements to the
GMP and LDC do not necessarily apply directly to the decisions
before you today on this project, but Hacienda Lakes is a good
example of where the Conservancy sees a need for improvement in the
future. We wanted to take the opportunity to point that out. Thanks.
MR. MITCHELL: The next speaker is Joe Bonness.
MR. BONNESS: Hi, good afternoon, Commissioners. Joe
Bonness. I'm the -- I represent the neighboring property to the north.
But I think very highly of the project that's going on here and hope
that it will be accepted.
But what I want to bring to your attention is, in the DRI
resolution, that's 56 pages of -- on Page 7 of 56, there is
recommendations that comes from -- I believe it's in the Regional
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Planning Council, Item F, minimize heat island effect and reduce local
air temperature, reflect light and heat by minimizing asphalt where
practical through the use of concrete rock, similar substances in
streets, parking lots and other areas by utilizing shade trees adjacent to
roadways and utilizing, where practical, high reflective pavement
materials.
This comes from probably some of the earlier stuff that went on
with Al Gore and that of trying to reduce black roofs and black roads.
But you'll realize that, of course, living here in South Florida, that our
roads, when we pave them black, don't stay black for a very long
period of time. I've got numerous complaints because we're tracking
black on top of the blacktop, which turns about the same color as
concrete after just a year or so.
And also, by leaving that in, it gets away from some of the great
benefits that you have with asphalt. Asphalt, as it is, has one of the
lowest carbon footprints of all pavements that are out there, and you'd
be losing that advantage to that.
If you take a look at that graph, you'll see that asphalt in itself has
probably about a tenth the carbon footprint that you would have with
Portland cement concrete. Asphalt has some other advantages. The
material that you bind it with is continuously recycled and recyclable.
Portland cement concrete you can't recycle once you've used it.
You can take the concrete, crush it down, use it for aggregate again,
which is a very minor use of what's there.
The overall use of asphalt has a very low carbon footprint. The
environmental performance over the long term shows its very positive
as far as being able to bring down the effects of global warming
because it can be recycled and reused.
In Florida, in this area, we've seen that it is probably a third the
price of Portland cement concrete, so it definitely affects your
petitioner here as to the cost as far as putting in his improvements.
So what I'm asking, you know, it's a smoother item, or smoother
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pavement, because of that, its use produces less carbon by vehicle
mileage because cars can roll over it easier and faster. It's a quiet
pavement.
Its smoothness, recyclability, they all come into effect to be able
to have the greenest pavement possible by working with asphalt.
So I would suggest that you delete most of Item 7 in the
recommendations. Obviously, you do want to be able to support the
utilization of shade trees on adjacent roads and parking lots.
Another interesting one that came up is the reflectivity that
they're asking for. The CDC has come back and suggested that you do
not use highly reflective pavements where you have pedestrians and
children because the reflection will increase the chances of skin
cancer. So the very item that they're after of having reflectivity
pavement works against the school zone that you would have in there
and the pavements that you have.
Also, reflectivity does induce heat on the buildings that are
adjoining to it. So the one item that they're really after is probably a
negative to begin with.
So I thank you for your consideration on that.
CHAIRMAN COYLE: Thank you, Joe.
MR. MITCHELL: Sir, your last speaker is Brad Cornell.
MR. CORNELL: Good afternoon, Commissioners. I'm Brad
Cornell, and I'm here on behalf of Collier County Audubon Society
and Audubon of Florida. Appreciate the opportunity to address you on
this project.
Up front I will tell you that Audubon cannot support approving
this project, but I do want to compliment David Torres and note that
they have achieved significant improvements in this iteration of this
project. Formerly it was called Feathers. After that it was called Toll
Rattlesnake. This is going back to 2002. You may recall some of the
press on this.
The project has evolved very positively since then, and we
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appreciate the opportunity and engagement that they have given us
and other of my colleagues in the environmental community to discuss
ways to improve that.
For instance, they've gotten rid of the golf courses that we asked
them to. They've reduced wetland impacts from what they were.
That's not to say that they're great now.
They've moved the swamp buggy races away from a new
proposed harmful location to keep it where it is, which we agreed
with. And they moved most of the urban development uses to within
the urban fringe area closer to County Road 951. All those are
positive aspects of this project which we are appreciative of.
I do want to note, though, that there are still 440 acres of wetland
impacts in a very critical and sensitive watershed for Rookery Bay. I
think we all recognize the importance of this watershed, and we treat it
ill to our detriment.
Two points about this huge wetland - acreage impact. The first is,
the state and federal wetland permitting programs have some specific
very serious flaws related to calculating wetland values and
mitigation. Audubon science staff have been analyzing these
problems for about two and a half years now, and we are working and
engaging with those -- both of those agencies to correct these
mistakes. The errors result in significant wetland losses in conflict
with our "no net wetland loss" policies nationwide. The errors can be
fixed, but right now they're resulting in insufficient mitigation such as
on this project.
The second point is, I want to remind you that Collier County
should stop -- I don't want to remind you. I want to recommend that
you stop deferring all wetland permitting issues to state and federal
agencies, which is your current policy. Collier County's wetlands are
vital for our drinking water, flood protection, and tourism and
recreation based economy.
You have both the public interest and authority to do a better job
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protecting these resources than the state and federal agencies.
And just so you know, an opportunity's coming up. The pending
Watershed Management Plan offers such an opportunity to craft local
wetland protection policies that would be much better than the state
and federal policies, and this would be a case in point.
Thanks very much for your consideration.
CHAIRMAN COYLE: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Rich, I was -- when you --
where was the scrivener's error on the ordinance?
MR. YOVANOVICH: I'm sorry. It was Page -- it's Page 7 of
the PUD, 7 of 51, under Tract C, Roman Numeral IV, third line down.
It says, footages approved by SDP, and it says "in Tract BP." It
should say "in Tract R/MU."
Right, Heidi?
COMMISSIONER HENNING: Okay. But it says -- also says
approved by plat or SDP.
MR. YOVANOVICH: Right.
COMMISSIONER HENNING: Is the SDPs still going to come
back to the board?
MR. YOVANOVICH: No. SDPs are administrative. This is
really a mathematical calculation to make sure we never exceed --
COMMISSIONER HENNING: No. I'm sorry. The plat. The
plat --
MR. YOVANOVICH: The plat, yes.
COMMISSIONER HENNING: -- still comes back.
MR. YOVANOVICH: Yes, plats go on your -- usually go on the
consent agenda, but SDPs are administrative and don't come back to
the board.
COMMISSIONER HENNING: Now, your buildout schedule is
quite ambitious.
MR. YOVANOVICH: Yes, it is.
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COMMISSIONER HENNING: What is the benefit to show
something like that, or what about if you don't meet the buildout?
MR. YOVANOVICH: Well, if we don't meet the buildout
schedule, we have two opportunities for the county to true up, if you
will, and this came about kind of last minute with Mr. Casalanguida
wanting to address a situation if we missed the buildout schedule.
At one -third of the project, we do an analysis to see, from a
transportation standpoint, did we underestimate our impact and did we
underestimate the revenues that would come from this project. If it's
less than our actual impact, we stroke a check to the county. And the
same process occurs again at two- thirds of the development.
So there are two opportunities to study if we miss our -- if we
miss our buildout schedule. Plus, there's also, through the DRI review
process, an opportunity for rereview if we miss our buildout.
COMMISSIONER HENNING: Where is that written that --
MR. YOVANOVICH: It's in both the PUD and the DRI
development order, the two reviews in the transportation sections of
both of those documents.
COMMISSIONER HENNING: Okay. Now, Benfield Road is
actually -- you're calling Benfield Road a new road. It actually does
not connect to Benfield Road, or am I wrong about that?
MR. YOVANOVICH: Well, I'm only using -- I'm only using the
road that -- the name of it -- I think there's a Benfield further north.
COMMISSIONER HENNING: Correct.
MR. YOVANOVICH: And it's a corridor that transportation has
reserved through the County Commission for a corridor that would run
north/south up over I -75, starting at U.S. 41 up over 75, and then
continuing on up north once you get past I -75. And I think there's a
portion of Benfield that's right up around I -75, the -- where you jump
over I -75. So that -- that's what it's been called.
COMMISSIONER HENNING: Okay. Well, there is a Benfield
Road south of U.S -- or I -75.
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MR. YOVANOVICH: Okay. But it doesn't come all the way
down to where we are, correct.
COMMISSIONER HENNING: No, by far, and it doesn't even
look like you're going to even connect to that.
MR. YOVANOVICH: We are not.
COMMISSIONER HENNING: So you're going to construct a
new Benfield Road. Now, as far as addressing goes, it could be
problematic for the residents that do live on Benfield Road as you
build, plat, put addresses on there. Who's going to be responsible if
the residents on the Benfield Road have to change their addresses?
MR. YOVANOVICH: You know, that's a question I hadn't
heard yet, and that's a good question.
COMMISSIONER HENNING: You know, addressing, they're
really particular about that stuff.
MR. YOVANOVICH: Peggy is.
COMMISSIONER HENNING: For a good reason, too. I haven't
figured it out yet.
MR. MULHERE: For the record, Bob Mulhere. We're not
intending to call, internal to our project, that portion of our project,
that roadway that we construct, Benfield Road. I'm not sure what
name it will be. But that will only be called Benfield Road when it
ultimately does connect, when and if it ultimately does connect to the
north/south.
MR. YOVANOVICH: One other thing, Commissioner, as David
pointed out to me, we don't have any of our residents actually fronting
that road. So no address for a residence will actually be on Benfield if
it's called Benfield.
COMMISSIONER HENNING: But you might have businesses.
You're going to have -- you're going to have driveways there
servicing something.
MR. YOVANOVICH: And let me correct something I said
earlier. The portion that we're building is right around here, where
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you're seeing these arrows, to here.
Okay. I'm sorry. David corrected me. It's from Rattlesnake to
here, okay. So we -- and some day in the future we'll extend further to
the south or -- and a little bit further to the north.
We have no businesses or residences that will front that. There'll
be roads connecting to Benfield, and those businesses will be
addressed off of those connecting roads.
COMMISSIONER HENNING: That will be plat or --
MR. YOVANOVICH: Right. You'll see that as it comes
through in the platting process.
COMMISSIONER HENNING: If it does come in on plat.
MR. YOVANOVICH: Right.
COMMISSIONER HENNING: Are you -- are you amenable to
Mr. Bonness' comments on F on the --
MR. YOVANOVICH: Yeah. We don't have an objection to
being allowed to use asphalt. He did try to get me to require that it
had to be within one quarter of a mile of the project, but I thought that
that was a little --
COMMISSIONER HENNING: Now, the conveyance to the
county for, you know -- I mean, it's saying Benfield Road
improvements, and I just have a concern about that.
The conveyance of that, is it going to be -- we've got to purchase
that at, you know, fair market value. When is that determined, a fair
market value?
MR. YOVANOVICH: That fair - market value has actually been
determined based on today's values prior to the PUD, and that value
was determined to be $30,000 an acre. And then for -- the actual
constructed improvements will be on actual dollars we spend to build
those improvements.
COMMISSIONER HENNING: Okay. It does say, has been
determined --
MR. YOVANOVICH: Right.
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COMMISSIONER HENNING: --at 30,000.
Now, you know, as far as the wetlands go, I mean, I'm very
confused about this. We require development to build their
community for a hundred year storm event to hold their water so it
doesn't impact but yet we have wetlands that is there for recharge. It
doesn't hold a hundred year storm event.
You know, somebody needs to correct me if I'm wrong, but it
seems like it's a double dip from government of requirements. And, of
course, that's the federal government requiring that.
So if we have a higher standard of making sure that communities
build to a hundred year storm event, why would we lessen it? I don't
think that regulation will go away, do you?
MR. YOVANOVICH: I don't think that that regulation is going
to change. And Emilio Robau can talk about water management if we
need to talk about the water management system.
Emilio can talk about the water management system if we need
to, but we're not asking for any changes from what we have to go
through through the South Florida Water Management District process
to design our water management system and the Corp and the Water
Management District for our wetland impact.
COMMISSIONER HENNING: I understand. There's just
concerns about wetland impacts.
MR. YOVANOVICH: And we are 100 percent consistent with
the county's regulation or process for wetland impacts. I think what
Mr. Cornell is saying is for future projects they'd like you to consider
changing your regulations.
COMMISSIONER HENNING: Well, I understand that, and I
think we exceed federal regulations on wetlands when we require that
the developers hold their water for a hundred year flood event. That
was just a comment.
MR. YOVANOVICH: Okay. I hear what you're saying. I
understand.
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CHAIRMAN COYLE: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Yeah. I have similar questions,
and I want to go ahead and start with a comment that you made, Rich,
when you were talking about TDRs. And you said your goal was to
get the maximum TDRs available and that would be achieved by
donating the preserve lands to a state agency.
What density are you talking about? How many units would
each TDR be equivalent to if you donated the land to the state?
MR. YOVANOVICH: The first TDR that you get is, you know,
you basically put it in an easement. The second one is the early entry.
The third one is you clean it up. That gets you your third. And the
fourth TDR you can get is when you make the actual conveyance.
So we plan on going through all four of those to get all four
TDRs. So you would basically get four TDRs per five acres that you
place into the TDR program. So we -- our goal is to obtain all four of
the potential TDRs that we can obtain.
COMMISSIONER HILLER: So four -- pardon me. Four TDR's
per five acres.
Nick, help me reconcile this with the discussion we had about the
2.5 versus the 2.8.
MR. BOSI: For the record, Mike -- for the record, Mike Bosi,
Comprehensive Planning Manager.
The 2.5 density maximization right now is what exists within the
urban -rural -- urban -rural fringe. There is -- it's designed as a
transitionary zone between the urbanized area and the conservation
lands to the east.
They're traditional base density of four units per acre in the
urbanized area. That transitionary zone is 2.5 acres within the urban
residential -- or urban -rural residential fringe.
The four units, -- or the four TDRs eligible for five acres, the
relationship it has to -- the relationship it has to the 2.5 density
maximization is within one mile of the -- the urban residential fringe.
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TDRs that were generated within that one -mile area have to be spent
within the urban residential fringe. That urban residential fringe has a
density limitation of 2.5.
The applicant has enough holdings within the sending lands to
generate TDRs that are within that one -mile -- that one -mile
limitation. And because he has TDRs that exceeds the 2.5, he's asking
to increase the density from 2.5 maximization to a 2.8 maximization
so he could spend all the TDRs that were created within the one mile
dis- -- the one mile area from the urban residential fringe district.
COMMISSIONER HILLER: And how will that be impacted by
whether or not the state agencies accept these preserve lands?
MR. BOSI: It will have no relationship to --
COMMISSIONER HILLER: None?
MR. BOSI: -- whether the state -- there's a state agency that's
willing to accept.
And one of the things that I would suggest to the applicant --
COMMISSIONER HILLER: And let me explain, if I may
interrupt.
MR. BOSI: Sure.
COMMISSIONER HILLER: The reason I bring that up is
because you say that he has more than, I guess, he needs or whatever.
He has like a surplus of TDRs, but that presumption that he has a
surplus is based on the state accepting these preserve lands and him
getting the maximum TDRs or not?
MR. BOSI: It would be based upon the assumption that there's a
willing acceptor towards these properties. But what I was going to
suggest to the applicant is not only is the state an agency that
traditionally receives the sending land properties, but Collier Soil and
Water, Conservation Collier are two local groups that have been very
active in receiving and managing these properties as well.
COMMISSIONER HILLER: Now, if there is no agency that
wants to take over these properties, what is -- is there still a surplus of
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TDRs or not?
MR. BOSI: Well, I would have to look at his calculation sheet.
It May -- there may be a limited number of TDRs that were generated
within that one mile area where he can't cross that 2.5 maximum
density threshold, but that would be based upon the worksheet in
terms of the number of property -- the acreage of properties he has
within that one -mile area.
COMMISSIONER HILLER: Because what you're asking us to
approve today is on the presumption that it's all going to work at the
maximum and that 2.8 will apply, but that necessarily isn't the case.
MR. BOSI: And if it doesn't apply, that maximum can't be
exceeded.
COMMISSIONER HILLER: You won't --
MR. BOSI: So no harm's created.
COMMISSIONER HILLER: All right. So it will revert to
what's allowable?
MR. BOSI: To what's allowable.
COMMISSIONER HILLER: And why are we, again, accepting
2.8 in this instance when any other similarly situated developer that
might have a surplus would only get 2.5 because 2.5 is what's in the
GMP?
MR. BOSI: In the GMP we said that 2.5 was that transition from
the 1.5 that sits in the east, in the conservation lands to the east, and
their urbanized area's at 4 units per acre. Staff arrived, through the
deliberations or in the designation of the urban residential fringe, that
2.5 was appropriate for that transition.
We looked at the proposal as suggested by the applicant, looked
at the site designs, the criteria that they're going to put to soften that
transition to those eastern properties. But then we looked at it from a
-- really a comprehensive viewpoint as the Comprehensive Planning
Department, and we said, really, what are they doing?
Right now we've had about 335 TDRs that have been expended
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to date. Not a terrifically high amount. With this petition, we're going
to more than double the participation within the rural fringe mixed -use
district, a program that we've placed a tremendous amount of
investment in terms of trying to protect the property rights established
within the underlying property, but also the environmentally
sensitivity of the area.
And furthering that goal with only an increase of .3 units per acre
within an area based upon the site designs we felt from a
comprehensive standpoint that the positive outweighed whatever
perceivable negatives could be associated with that slight increase in
density.
COMMISSIONER HILLER: Let me continue with respect to
the discussion on the preserves. Now, I'm very concerned with who is
going to pay the cost of preserving these lands. And when I had
spoken to staff prior to today, my understanding was that all these
lands were going to go to the state. Okay. I didn't hear any discussion
of any other state -- any other governmental agencies. I didn't hear
discussion of any CDDs or anything like that.
Now I have some concerns because, obviously, you know,
someone is going to have to maintain these lands, and there is a very
high cost to maintaining these lands as preserves. And I don't want
this ever to fall on the county, and I want to ensure that in the
documents every possible document where this could be an issue that
it is clearly provided that the county has no liability at any point in
time for any preservation maintenance.
MR. BOSI: And I couldn't speak to any language that's within
the individual documents, but I could tell you about the TDR program
and the way that it works. To be eligible for the third and fourth --
and the third is the restoration and maintenance of bonus credit and the
fourth is the conveyance credit -- you've -- we've never processed an
application that had a restoration -- requesting the restoration of
maintenance credits without the conveyance.
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An individual private property owner traditionally will find either
the state or a local agency to manage -- to manage the restoration and
maintenance activities on their property.
We would not -- we would not accept a conveyance to the
county. It's not -- it's not the way that the program's set up. The way
that -- the TDR application process, they have to designate who they
are going to be conveying it to. So they couldn't -- they couldn't even
seek that fourth credit without assurances from the DEP or another
state agency that they would be willing to accept the properties. And I
will let you know that the --
COMMISSIONER HILLER: Can you explain the third credit?
MR. BOSI: The third credit is the restoration and maintenance
credit, meaning that we understand that these are environmentally
sensitive lands, but they may have been impacted, there may be some
exotics have been encroached upon the property, so they want to try to
restore that property to its base or natural condition.
And that -- to gain that credit you have to go in there, remove the
exotics, and bring it back to -- closest to its base condition. And the
way that it even furthers it, and they are in tandem traditionally, is
after that restoration and maintenance credit is conveyed, there's also
that conveyance credit that's provided, because that program of
maintenance is going to be placed upon that receiving agency,
whether it be Conservation Collier, whether it be Collier Soil and
Water, or whether it be the state agency. That -- and we have --
COMMISSIONER HILLER: Did you say Conservation Collier?
MR. BOSI: Yes. And Conservation Collier is another local
agency that would be eligible to accept -- to accept sending land
properties based upon the design of the program.
COMMISSIONER HILLER: And then who would pay for the
maintenance?
MR. BOSI: That would be -- that would have to be an agreement
that Conservation Collier would have with that individual property
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owner. There has been some discussion at times -- and this is a side
note, but property owners, to gain the conveyance credit, have had to
arrange a financial arrangement with the agency they're conveying to
for consideration for long term viability of that -- but that's a private
exchange between that agency that wants to receive the land and that
individual property owner, and we have no involvement with that.
COMMISSIONER HILLER: I just want to make sure that it
doesn't ever fall on us, that if they don't maintain it, it somehow
becomes the county's responsibility.
MR. BOSI: There's -- the process would prevent that. It would
-- the only person that could -- entity it could fall back upon would be
-- eventually would be the homeowners' association if they weren't
able to find someone eligible for the convert -- or the transfer credit.
And if they don't find an agency, they can't seek that fourth
credit. We won't grant that credit until we have a designated agency
that's going to perform the maintenance.
COMMISSIONER HILLER: Do you agree with that?
MR. KLATZKOW: Under our current rules, yes, I agree with
that, but this is a very long term project. The one thing that I don't like
is when I hear that residents are going to have to take care of hundreds
if not thousands of acres of preserves. I don't know how that works. I
know Rich mentioned maybe putting up a CDD on that. That might
work, but it's --
MR. YOVANOVICH: I could tell you how it works. It works
that way today for every project.
COMMISSIONER HENNING: Right.
MR. YOVANOVICH: Every project -- every project there are
conservation areas, and those conservation areas either go to a CDD or
they go to the HOA. This project is no different. We have -- we
believe we're going to get over the goal line and have the state agency
take these lands, but I can't tell you today that I have that deal struck.
We believe we're going to have -- the state's going to take these
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lands and the state's going to be in charge. If that doesn't happen, we'll
be just like every other project implementing the county's rules. We
own these lands. The county tells us we have to put them in a
conservation area. Someone's got to maintain them. It's either going
to go to the state or it's going to be a CDD or it's going to be the HOA.
COMMISSIONER HILLER: And I have to say, you know, my
concern about CDDs -- that's why my ears perked up when you said
CDDs -- is high, because CDDs are failing all over the place. And we
have a tremendous number of CDDs that are failing here in Collier
County right now. So, I mean, that doesn't give me much comfort.
MR. YOVANOVICH: I'm not saying it's going to be a CDD.
What I'm saying, those are the -- those are the traditional options we
have. It may be an HOA.
COMMISSIONER HILLER: Right, and -- but the HOAs are
having problems too. I mean, again, my concern is -- the point exactly
that Jeff made, I think he's absolutely right that this, you know, could
ultimately be on the shoulders of residents, and that's a big problem.
Let's -- I'd like to discuss the wetland impacts, because I think
what Audubon said is very important, and I raised this with staff also.
I was extremely concerned about the potential for flooding, you know,
and what was going on with the increase in the densities and the
concentration of densities. And I know we're putting a lot in preserve,
but then we're also developing a lot. I mean, this is a very, very large
project.
And I just -- I want to be assured so -- you said you had someone
here who could address the drainage, and I'd love to have him speak --
MR. YOVANOVICH: He will.
COMMISSIONER HILLER: -- and explain to me how there
won't be flooding.
MR. ROBAU: For the recording -- for the record my name is
Emilio Robau. I'm a professional engineer, RWA, Inc.
And I guess one of the ways to address your concerns about
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flooding is, you know, through the district's process is, No. 1, from the
regulatory standpoint the district pays a lot of attention to not only
on -site flooding within the development itself, but potential adverse
impacts to adjacent properties. And we spend a tremendous amount of
time addressing that aspect.
The roadways, they're protected for a 25 year storm, and the
building pads are protected for a hundred year storm. So -- and within
the development we control our own destiny to a certain extent
through the size of interconnected lakes, you know, the culverts, et
cetera, and through all of our water management models, which are,
you know, pretty much state of the art.
So, essentially, we protect road to the 25 and we protect houses
to the 100, and then we put a berm around the property. In this case
the berm is to the hundred year elevation.
COMMISSIONER HILLER: And what about neighboring
properties?
MR. ROBAU: Yeah, and we'll get to that in a second.
COMMISSIONER HILLER: Okay. Thank you.
MR. ROBAU: I'm kind of working from the inside out.
COMMISSIONER HILLER: Sure, absolutely.
MR. ROBAU: We also look at floodplain calculations. And in
this case we actually had Dick Tomasello, who's unable to be here,
who happens to be the county's floodplain expert, do what's called
importer /exporter calculations.
The district criteria basically says that we cannot fill floodplains,
and wetlands serve as storage in broad floodplains, to the extent that
we take away that storage from a larger watershed. And in this case
that's the case. We've done some pretty extensive floodplain
calculations and models to indicate that the predevelopment condition
of the natural lands out there, including the wetlands and the natural
uplands, we have not encroached upon that in post development
conditions.
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And a lot of people would say, well, practically, how does that
happen? Well, what people forget -- because we're developing it.
Well, what people forget is that there's 15 to 20 percent of your site --
is this still on -- that is lakes, and that produces a certain amount of
storage, and also we control our discharge.
So our land that used to contribute a significant amount,
potentially, of runoff that was stored, not only on our property but
other properties, is now restricted in the amount of, you know, water
we get off our site, and that is a benefit to the rest of the watershed.
And it's -- also produces its own lakes, which provides compensatory
(sic) storage. So that's the second thing that we look at.
The third thing that we look at -- and I'll have an exhibit here, I
think, if I can find it. You know, I always look at, okay, well, what
happens around me, and I think we pay a lot of attention to, or we
should, the -- what I call boundary conditions. And I'm not very good
at the visualizer, Mr. Ochs. If you can stick that up there.
MR.00HS: Sure.
MR. ROBAU: Can you zoom out just a little bit.
Okay. And on a project -- really all projects, but on a project of
this significance, you know, you're not up to the 3,000 level. You
need to go up to 40,000 feet. And this project -- what I have here is an
exhibit that shows the different flow patterns and how I analyze where
things go. I basically, you know, just go around the property in its
entirety, and I try to make sure that I don't lock anybody out of
discharge potential, and then I also try to make sure that I look at
regional flow patterns that are not only established by our specific
project but are established by the district through their permitting
history and the precedents that they set through the various permits
that they grant.
And on Point 1 what I look at is, you know, the different arrows,
especially these existing developments. I always pay special attention
to them, especially the ones that are at grade, because they were kind
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October 25, 2011
of built in preregulatory conditions, so they're typically going to be
lower, so you don't want to, you know, somehow build around them
and block them in. And in this area, they basically flow to the south.
COMMISSIONER HILLER: So you wouldn't be blocking them
in.
MR. ROBAU: Correct.
I also look at other areas like this one here, and they're going to
go to the west. Collier Medical Regional Center is essentially already
permitted, and we account for that. We also look at the adjacent
permits and make sure that we're accepting their inflows. But
something of real -- like a regional influence on this project, which I
think is very meaningful, is the continuation of something that's in the
Water Management District's Belle Meade Master Plan in which they
want to establish sheet flow to resupply Rookery Bay with a better
hydro period than they're currently supplied.
So we've proposed additional culverts under Sabal Palm, which
you see here, over here. I'm sorry. I'm so familiar with this project I
assume everybody knows everything about it.
And, essentially, it promotes sheet flow. There's already culverts
underneath the road, but we're providing more culverts underneath the
road to try to reestablish the, you know, natural draining patterns that
existed before the installation of Sabal Palm Road.
The other thing that's really of significance here is -- I call it
Winding Cypress, but it's -- I guess that's what they still call it. But
now you've got some of the Village Walk's products in there.
And if you see, there's some really interesting features. There's
the type flex gates, and there's actual bridges, you know, underneath
some of those roads, and they were actually designed to handle the
sheet flow from north to south.
So in summary, what I typically do is you work yourself from the
inside out on the project, you make sure your plumbing on the interior
of the project is adequate, you protect the hundred year for the -- you
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know, for the buildings, 25 on the roads, you build your perimeter
berm, and then you start looking around to see the potential for
adverse impacts on your perimeters, and then you try to blend your
project into a more regional perspective, especially something of this
size.
If you have any other questions, I'd be more than happy to
answer them.
COMMISSIONER HILLER: Thank you. Well, I do have one
more question with respect to drainage, but let me just ask Brad.
Brad, how do you -- can you come up here? Because I know you
have a concern about Rookery Bay and all of this.
Has this explanation given you more comfort, or do your
concerns about the drainage with respect to this project remain the
same?
MR. CORNELL: Well, my concerns are the full suite of
functions of the wetlands that are going to be destroyed. And what
Emilio is talking about is the way the South Florida Water
Management District permits stormwater. And the stormwater system
is separate from wetland permitting. They're kind of two tracks that go
along side by side.
COMMISSIONER HILLER: Right.
MR. CORNELL: I'm concerned that lakes that you dig to hold
water for storage purposes do not at all perform the same functions
that natural wetlands do with the shallower -- the shallower depths.
This is a biological function. So we've lost a huge suite of biological
functions when you destroy that many wetlands. So that's my primary
concern. Not so much --
COMMISSIONER HILLER: Not the flooding aspect --
MR. CORNELL: -- the stormwater. Well, the flooding aspect is
something that goes along with that.
COMMISSIONER HILLER: I would think so.
MR. CORNELL: I mean, you would get natural flood storage.
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If you lose that, then you have to dig these lakes to create artificial
storage.
COMMISSIONER HILLER: Correct.
MR. CORNELL: Is that a substitute? In a sort of mechanical
way it is. It's not a full substitute. You still have lost recharge and
biological function for wood storks and the whole suite of critters that
would use wetlands.
COMMISSIONER HILLER: So your concern remains?
MR. CORNELL: It does, it does. And I would also point out
that these lakes, once you've cut into the surficial aquifer; you've
exposed the aquifer to evaporation. And down here evaporation is
significant. If you -- I mean, it doesn't take much to realize that the
sun evaporates almost the same amount of water that falls as rain. It's
about the same rate. So you're not really getting a lot of storage when
you've got lakes. You really want to have your aquifer remain natural
with the natural wetlands on top of them. That would be what I'm
advocating for.
But I understand Emilio's showing you what the district actually
permits and they're complying with that.
COMMISSIONER HILLER: And I understand that also, but
that's why I wanted to try to tie the two together because I appreciate
the difference.
Just going back to Emilio, I'm concerned about the lakes also but
also for a different reason. Those lakes remind me of Village Walk
and Island Walk, and I know what problems they have had, you know,
with circulation and algae blooms. And, you know, it basically has
been a very high maintenance cost. There's also the dredging factor
which has to be considered, because these lakes don't serve a purpose
unless they're dredged.
So I just -- I have somewhat of a concern. Do you have a LiDAR
of the area? And this will be my last question on wetlands and
flooding.
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October 25, 2011
MR. ROBAU: No, I don't have a LiDAR with me. We do have a
LiDAR map, and we've actually -- we utilized the latest LiDAR map
in order to do our floodplain analysis. But I have some thoughts
regarding your concerns --
COMMISSIONER HILLER: What are they?
MR. ROBAU: -- related -- well, you know, I have the benefit of
working on some fairly significant projects with some clients that are
-- that are very accepting in the types of things that we recommend.
And I think the regulatory process takes care of a lot of the
concerns that you're talking about, and I think that there's a lot of
things already wired into that process that I don't think people are fully
aware of. And I think, you know, in regards to operation and
maintenance of a water management system, there is already a
document that's -- that's programmed as part of the surface water
management permitting process. And the thing about it is, you know,
the older we get, you know, some technology actually gets better. The
more practice that we have in addressing the problems, you know, we
get better at it.
And I've been practicing here since 1985, and I can tell you that
the '85 and 95 permits are different than the permits that we gain
nowadays. And now we have, essentially, the urban stormwater
management program that the district actually makes us articulate, you
know, what the operation and maintenance requirements for a lake,
and I don't think a lot of people know that, in the newer permits, we
street sweep, you know, once every other month.
And sediment control really starts at the source, whether it's at
the street or whether it's at controlling the construction by individual
builders or by mass builders of doing your pool decks and those types
of things, or whether it's -- you know, continues with the maintenance
of the shoreline.
And the urban stormwater management program that's wired into
the Water Management District permits and specifically wired into the
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POA documents gives guidance on how, you know, you properly
maintain lakes and so and so forth.
In our particular circumstance -- another thing that few people
know, I guess, is that the Harvey Harper methodology, which is, you
know, the federal methodology for comparing water quality in before
and after -- we have a very similar criteria -- the after water quality
can't be any worse than the beginning -- has a criteria for anoxic
conditions in lakes.
Although anoxic conditions in subtropical lakes are actually
normal, you know, we want to do a little bit better. And 26 of the 29
lakes at Hacienda actually have aerators.
Now, in regards to algae, algae is a naturally occurring organism.
It's one of the first organisms, the blue /green algae. And aeration
helps prevent the introduction of phosphate into the water column.
And one of the best things you can do for algae control is to have a
nice diverse lake with littoral zones and nutrient control. And another
thing that helps is actually aeration, because aeration mixes the water
column and it helps prevent anoxic conditions and it helps shift algae
growth from blue /green to green. And the blue /green's the nasty stuff.
So, you know, I think if you really maintain your lakes properly,
especially the shoreline, through good vegetation, and you have
healthy littoral zones, which we have, and you follow, you know, an
annual program of observation and maintenance, that you'll have less
trouble with your lakes.
I'm not saying you're going to eliminate an algae bloom or
anything like that, but -- because it's naturally -- it's a natural
condition. But I think you'll have healthier lakes. And nutrient
control is huge. And Collier County has recently taken a step, through
the fertilizer ordinance, to try to codify nutrient control.
So, you know, in this case most of our lakes require aerators,
which means that they're 20 feet deep. And I also think deeper lakes
help. Because at the end of the days, you know, your code says 12
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feet from control.
But, you know, just talking as more of a common sense, in the
dry season those lakes will get, you know, 4 feet less water in them.
So now you have 8 feet of lake depth. And we've all been around here
in May. It gets very hot in May. In April it doesn't rain; in May it
doesn't rain. So you have essentially a fairly small amount of volume
in lakes, right? It's being heated by the sun, and algae loves, you
know, hot conditions with nutrient, and it's just a process of the natural
environment. And the things that control it is nutrient control and
good maintenance in accordance with the Stormwater Urban Pollution
Prevention Plan.
COMMISSIONER HILLER: Thank you.
MR. ROBAU: But, you know, a lot of people don't know this,
and it's tough to get, you know, some POAs to hire the right person to
actually look at this and to make -- you know, they're not selling them
aerators, they're not selling them this or that, but that's going to do
something that's going to help them out.
COMMISSIONER HILLER: Thank you.
MR. ROBAU: I think these lakes are going to be fine.
COMMISSIONER FIALA: Thank you so much. And I think
the next -- could we give some --
COMMISSIONER HILLER: Yeah. I just had one last question.
COMMISSIONER COLETTA: Go ahead.
COMMISSIONER HILLER: I didn't realize this was going to
take this long.
MR. ROBAU: Yeah, I apologize.
COMMISSIONER HILLER: But thank you. I can tell that
you're passionate about, you know, what you're doing, and I
appreciate the education, so thank you for all the information.
My last question -- and I think Rich can help with this -- by the
way, Nick, I want a copy of that LiDAR before I vote. So I'd like to
see that.
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The last issue is the fiscal impact. I have the same concern that
Commissioner Henning expressed with respect to the buildout of
2019. It just seems to be a very aggressive timetable. And my
concern with respect to that is. You know. What is the fiscal impact on
Collier County where, if you don't meet this, Collier County will not
be getting, you know, the ad valorem dollars it would have
anticipated, you know, for maintenance and operations, and what that
means to us.
And I understand that you have a provision that basically has two
mile markers where this is evaluated, but I don't think that's enough. I
think you actually have to have another reevaluation before the project
is closed out as well. And, you know, there are things coming down
the pike which you escape by having a stated - earlier buildout.
Like, for example, you know, the -- there's a proposal for a new
interchange, a new I -75 interchange, wherever it will end up being
and, you know, there would be a proportionate share cost attributable
to you, if my understanding of the situation is correct.
So, I mean, those are the kind of factors that, you know, would
get lost if there isn't a fiscal impact analysis to protect the county's
position to make sure that you're fiscally neutral as this project is built
out. And, you know, for example, this has been done on other
projects, and it's something, especially in a project this size, that needs
to happen again.
So while I understand there are negotiations that have taken place
and an attempt has been done to do some sort of fiscal analysis to
show fiscal neutrality at two points, I'm not sure what that analysis is.
And, secondly, I don't think those two mile markers are sufficient to
protect the county in the long term future.
MR. YOVANOVICH: Well, at the two thirds, we actual project
buildout at that point. So we're analyzing a complete project when we
do the second evaluation.
COMMISSIONER HILLER: Right. Well, I think there
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basically needs to be a closeout statement as well.
COMMISSIONER HENNING: There is, through the auditing,
PUD auditing.
COMMISSIONER HILLER: Well, maybe that's it, but I just
need to -- you know, I'm not familiar with that. You want to explain
all of that, Nick? I just -- I want to know how are you ensuring -- and
this is really a question that Nick has to -- or staff, you know, Leo, has
to give me some comfort with. I just -- I really want to make sure that
this project, you know, stays fiscally neutral because, you know, we're
facing very difficult economic times, and I wouldn't want to see
anything with respect to this project become a carrying cost of the
county.
MR. CASALANGUIDA: Sure.
COMMISSIONER HILLER: Or an outright cost of the county.
MR. CASALANGUIDA: Commissioner, we spoke -- for the
record, Nick Casalanguida. We spoke about a little bit of this when
we met regarding this project.
Time is always an issue when they come on. They have a pretty
aggressive buildout schedule. Staff has questioned that. Probably
about with a month or two left in the review I inserted that language,
and we went back and forth about that language, which basically is an
intermediate and final analysis of what they've paid in terms of impact
fees in contributions for roads.
Roads is predominately your number one, and the number two
factor is utilities that the county incurs costs on.
So with respect to this project, all the roads that they significantly
influence are already existing or committed. In other words,
Rattlesnake Hammock has been built, 951 has been built; 951 by
Davis, as well as Davis, are programmed and under construction right
now; 951 and 41 is programmed in 2013, and we have the money and
a state agreement to do that.
COMMISSIONER HILLER: What about a potential
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interchange? Would there be any contribution from them with respect
to that?
MR. CASALANGUIDA: There could be, and I think that's
where we get into that analysis. DOT noted that they had an impact
on the interchange, and we made some recommendations with regard
to ramp improvements, which they were obliged to do in the DRI.
Now, if we get to 2015 or 2017 and they hit that first milestone, I
don't think anything's going to happen in the first third. When they get
to the second third, to 66 percent, and we buildout, project out based
on the current rate of absorption, they may have a problem, and that's
why that language is there in terms of transportation commitments.
COMMISSIONER HILLER: And how are they going to prove
to us that they're fiscally neutral? What exactly is the schedule they're
going to produce to give us that assurance?
MR. CASALANGUIDA: What they'll do in terms of roads is
they'll look at the impact fees paid to date at the current rate that
they've paid them, they'll look at the improvements that have been
done, then they'll grow from that period at 66 percent to 100 percent
buildout, and then we do almost -- a similar thing that we do with the
DRI analysis Question 21 where we look at existing roads, the cost
today, and what we plan to do to fix any deficiencies that are there,
and then we do it on a per trip analysis, so --
COMMISSIONER HILLER: What about the other impacts, like
libraries and parks and EMS and --
MR. CASALANGUIDA: You know, I can't speak to them, but
they've donated an EMS site and a hurricane site, I think, to Dan's
office. Those are usually your lesser impacts.
As you know, residential is usually a net draw or -- against fiscal
analysis, but they have quite a bit of commercial and business park,
and that contributes wholeheartedly to parks -- such as parks, libraries,
and things like that.
So I think Michelle looked at their FIAM, said in the first five
October 25, 2011
years they'd be negative. And then their following five years, they'd --
from then on they'd be positive.
COMMISSIONER HILLER: And -- but that's assuming a 2019
buildout. And if you extend that buildout --
MR. CASALANGUIDA: It could be longer. It could be seven
years. Ultimately, there will be positive. Again, we talked about three
other factors, you know, the board's desire or rationing out of millage.
You folks make that decision every year at the budget, and that's
always a factor that we look at as well, too.
So I'm not concerned about roads. I think public utilities would
have to speak for themselves. They go by fees, not ad valorem.
COMMISSIONER HILLER: What about the maintenance
costs?
MR. CASALANGUIDA: For roads?
COMMISSIONER HILLER: Well, for all of the above. I mean,
it's not just about the impact fees. You've got the operations, the ad
valorem.
MR. CASALANGUIDA: If this project was not to go forward
tomorrow, every road within their significant influence is already in
our books. I'd be maintaining them anyway. So I'm not -- they'd only
add --
COMMISSIONER HILLER: And you're short now?
MR. CASALANGUIDA: And we're short now. But, again, this
would be additional on our already existing system.
COMMISSIONER HILLER: But you're planning and
maintenance schedule is going to anticipate revenues based on this
2019?
MR. CASALANGUIDA: No, ma'am. Right now I'm not going
to look at -- again, if this project was to disappear today, 951,
Rattlesnake Hammock --
COMMISSIONER HILLER: No. I'm assuming if it is approved
today you're going to plan your budget based on a 2019 build out, ad
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October 25, 2011
valorem for maintenance based on that?
MR. CASALANGUIDA: I don't budget that way. I mean, for
my purposes I don't do that. I go on, you know, guidance from OMB
every year.
COMMISSIONER HILLER: Three percent below last year.
Okay. I have a concern with that.
COMMISSIONER FIALA: Can we move on, please?
CHAIRMAN COYLE: Well, it's -- let's see. That was --
COMMISSIONER HILLER: I have -- can you just conclude
with the buildout? How's the completion done at the end?
MR. CASALANGUIDA: I'm sorry?
COMMISSIONER HILLER: I mean, just -- let me just say one
thing before. I know you'd like to move on with this.
COMMISSIONER FIALA: Oh, I would love to ask some
questions myself.
COMMISSIONER HILLER: Can I just -- I mean,
Commissioner Coletta said he'd like me to finish, so --
COMMISSIONER FIALA: Okay.
COMMISSIONER HILLER: But, I mean -- or we can just jump
back and forth. Would you like me to come back?
COMMISSIONER FIALA: I don't know. I know sometimes,
you know, you have questions that you'd like to ask and -- ask them,
too.
COMMISSIONER HILLER: Well, this is -- right. I understand.
Well, this is a very big project.
COMMISSIONER FIALA: Okay. Go ahead, go ahead.
COMMISSIONER HILLER: Can you explain to me the final
phase?
MR. CASALANGUIDA: The final phase --
COMMISSIONER HILLER: You know, why we -- what do we
do at the final build out? What kind of a closing statement we have
with respect to the fiscal impact.
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MR. CASALANGUIDA: What we do -- not with respect to the
fiscal impact. For roads it's 66 percent. When they get to the 66
percent building permit, we're going to project out to build out, and
we're going to compare that analysis to what's on the ground and
what's booked in our five year program and to see if they've paid
enough impact fees to cover that growth.
COMMISSIONER HILLER: What about at closeout?
MR. CASALANGUIDA: At closeout, they have to do a
substantial -- substantially closed out statement. We've done one with
the state with Berkshire Lakes. They actually ended up paying us
some money. So -- it was a couple hundred thousand dollars. But we
do an evaluation before the DRI gets closed out as well.
COMMISSIONER HILLER: Is that part of this agreement?
MR. CASALANGUIDA: At the DRI closeout it's required or --
it's not part of the agreement.
COMMISSIONER HILLER: With the fiscal impact with them
owing us if there is no fiscal neutrality?
MR. CASALANGUIDA: Only for roads, ma'am, do I have that
in there, but there are no other commitments right now for any other
departments.
COMMISSIONER HILLER: Okay. Thank you.
COMMISSIONER FIALA: And I apologize for being impatient.
COMMISSIONER HILLER: That's okay.
COMMISSIONER FIALA: I wanted to ask some questions, too.
COMMISSIONER HILLER: Go ahead.
CHAIRMAN COYLE: Okay. Commissioner Fiala, you now
have 40 minutes, too.
COMMISSIONER FIALA: No, I don't need 40 minutes.
I have to say I was impressed with the CCPC's deliberations. I
think they did a great job. I listened to them, I read them, and I was so
impressed. I talked with a couple of Planning Commissioners. And
what I like most is the way they rearranged things and got all the
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environmentally sensitive land into one section in the back section of
the PUD and they kept the residential toward the front. I think that
preserved a lot of that environmentally sensitive land. I was very
impressed with that.
I wanted to say, isn't this the first large land use development
coming before us in years? I think that that's really significant. What
we're trying to do is encourage new business, we're trying to
encourage jobs, jobs, job. We're -- and here's one. Here's an
opportunity for us, and with a developer that is just -- he's just above
and beyond most. And I'm just so proud that they're coming before
us, and I'm tickled to death with that.
I've got no negative comments from the community members,
and you know I stay real close to all of that stuff.
I also wanted to state that on the ex parte I spoke to Nicole from
the Conservancy, and I didn't mention that when I first started.
And with that -- that's all I had. I just had positive things. And I
feel that everything that I've read -- and I studied this and --
thoroughly and talked with everybody I could, and I feel it's a positive
-- it will make a positive impact on our community. Thank you.
CHAIRMAN COYLE: Good. Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. Donna, you pretty well
summed up what I was going to say. I mean, I'm trying to remember
the last time we have had an item come of this magnitude that was
going to end up on the summary agenda. I mean, I can't remember.
Leo, can you remember a time when we have ever had an item
like this that technically could have made the summary agenda?
MR. OCHS: Not in my experience, sir, not this size of a DRI.
COMMISSIONER COLETTA: I mean, this has been through
everything from the Regional Planning Council to staff to the
Planning Commission to our Environmental --
CHAIRMAN COYLE: Environmental.
COMMISSIONER COLETTA: -- yeah, Environmental Conser
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October 25, 2011
COMMISSIONER FIALA: Advisory.
COMMISSIONER COLETTA: It's just been -- it's been one
after the other, and I've got to be honest, not to mean anything
derogatory to the Conservancy, but I can never remember a time that
they basically signed off on a project.
Now, you know, no objection is probably the Conservancy's tone
meaning, you know, A plus, because they never had a chance to grade
them with anything other than they object to something or they found
some problems with it.
This has been remarkable, just absolutely remarkable. And like
Commissioner Fiala says, this is future planning. This is allowing for
growth in a very controlled way, and jobs. Jobs that are a very
much - needed tax base. They're so -- everything that I can see with
this is a positive. And being that it's in my district -- and oh, not -- not
one single complaint did I receive out there. I mean, I had a couple
people come to me and asked me what I knew about it, and I
explained what I knew, and they had no objection. It's just been
remarkable.
Can you close the public hearing?
CHAIRMAN COYLE: Not quite yet.
COMMISSIONER COLETTA: Well, when you do, I'd like to
make a motion for approval.
COMMISSIONER FIALA: And I'll second it.
CHAIRMAN COYLE: Okay. Just one thing briefly. People
have talked about the back end schedule. I'm equally as concerned
about the front end schedule. I, quite frankly, am way less interested
in this project if you get it started around 2018 than if you get it started
around 2014 or 2013, and I'm interested in your level of confidence
that you'll actually start this on the times that you have specified, or
are we going to see a long, long, long delay while this property is
flipped, and it's -- takes a very long time to get started?
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MR. YOVANOVICH: You're not going to see a long, long, long
delay. We are close to being done with all of our permitting.
CHAIRMAN COYLE: Okay. And you expect to get started
with construction as soon as your permitting is in hand?
MR. YOVANOVICH: Yes. We're going to be moving forward.
CHAIRMAN COYLE: Okay. All right. You're on the record.
Commissioner Henning?
COMMISSIONER HENNING: Okay. I just want to clarify the
motion, is to approve the Petition CP- 2006 -11 and the DRI
2006 -AR- 10174, and the PUDZ- 2006 -10147 with the DRI removal,
and I think the whole Item F needs to be removed because you're
going to be putting in streetscape per the Land Development Code
anyways.
And also on the ordinance, is it to correct a scrivener's error on
Page 7, Tract C, as identified on the record?
COMMISSIONER COLETTA: That's correct.
COMMISSIONER HENNING: Okay. I do want to point out --
and I don't know why this -- all this laborious information in here
since it's a requirement by the agencies and the county, and I might
want to point out on the DRI, Page 12D, development shall employ
best management practice for erosion and sediment control for
stormwater.
COMMISSIONER FIALA: Oh, good.
COMMISSIONER HENNING: Next page it says, G, any banks
created alongside the stormwater management shall include littoral
zones constructed on the slope within the South Florida Water
Management and county requirements, and the plants shall be native,
emerged and submerged. Those are requirements anyways, and those
should be addressing concerns of older communities that don't have
littoral zones and sediment control devices, but way too much
information in these documents.
MR. YOVANOVICH: You're right, but certain agencies like to
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October 25, 2011
be redundant, and --
COMMISSIONER HENNING: Are they county agencies?
MR. YOVANOVICH: This was actually more at the RPC level,
so we're kind of stuck with the format they're used to seeing. And, in
fact, a lot of what's in there is already required, you're correct.
COMMISSIONER HENNING: Yeah. Well, they're slow right
now.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER FIALA: Fiala is the name.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: And this is just one last thing.
Rich, I pledge to you through Nick Casalanguida that we're going
to work with you to see if, you know, we can't make a -- streamline
this process for you to get this thing moving forward. We're trying
really hard, all of our -- all of our departments, to encourage business
and to help them to streamline the process so they can get jobs going
forward and to portray to the surrounding communities that we want
to change our image and become a more business - friendly
community.
So I pledge to you through, Nick. Nick will nod. Right, Nick?
MR. CASALANGUIDA: (Nods head.)
COMMISSIONER FIALA: There we go.
CHAIRMAN COYLE: Okay, good. We'll close the public
hearing now.
We have a motion by Commissioner Coletta and a second by
Commissioner Fiala as previously restated by Commissioner Henning
and affirmed by Commissioner Coletta.
COMMISSIONER COLETTA: And confirmed by
Commissioner Fiala.
CHAIRMAN COYLE: And confirmed by the second,
Commissioner Fiala.
All in favor, please signify by saying aye.
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October 25, 2011
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
COMMISSIONER HILLER: Aye.
CHAIRMAN COYLE: Of course. Commissioner Hiller is
dissenting.
MR. YOVANOVICH: Thank you.
CHAIRMAN COYLE: And is there anything you can do in five
minutes, County Manager?
MR. OCHS: I can hum a few bars, sir, but that's about it.
CHAIRMAN COYLE: We're taking a ten minute break.
MR. OCHS: Thank you.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN COYLE: Okay. Ladies and gentlemen, Board of
County Commission meeting is back in session.
Where do we go to now, County Manager?
Item #8D
ORDINANCE 2011 -42: RECOMMENDATION TO ADOPT AN
ORDINANCE AMENDING ORDINANCE NO 2002-381 AS
AMENDED, "THE COLLIER COUNTY REDEVELOPMENT
GRANT PROGRAM ORDINANCE" IN ORDER TO CREATE A
NEW CRA COMMUNITY EVENT GRANT PROGRAM FOR THE
BAYSHORE GATEWAY TRIANGLE CRA — ADOPTED
MR. OCHS: Commissioners, we're on Item 8D. It's a
recommendation to adopt an ordinance amending Ordinance No.
2002-38 as amended, the Collier County Redevelopment Grant
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October 25, 2011
Program Ordinance, in order to create a new CRA community event
grant program for the Bayshore /Gateway Triangle CRA.
And your executive director, Mr. David Jackson, is here to
present.
CHAIRMAN COYLE: Mr. Jackson.
MR. JACKSON: Yes, sir. This is a Board of County
Commissioners' item because it's an ordinance. This ordinance has
been duly advertised and noticed in -- last meeting and this meeting
also.
This is a request to modify the Collier County Redevelopment
Grant Program Ordinance to add a grant for community events. And
the reason we want to add this to the event grant ordinance is to
provide a rule, a procedure, and a checklist such that when any grant
that is awarded has been codified by this board and that it goes to the
Clerk of Courts, and there is a checklist there and everything is in
order. So I'm requesting approval of this amendment to the ordinance.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: Personally I'd like to see you
possibly provide more security in the Bayshore area instead of events.
I think that would pick up the whole area if you had -- if we had more
-- like Pelican Bay has done, they have paid for more patrols, and I
think people will feel a lot safer if there was more deputies patrolling
the area.
CHAIRMAN COYLE: How many deputies do you have under
your control now, David?
MR. JACKSON: At this point in time, none.
CHAIRMAN COYLE: Okay. Thank you.
COMMISSIONER HENNING: And no. But, you know, you
still have a lot of crime in the Bayshore area, and until that is cleaned
up, you're not going to attract any businesses in there. People don't
want -- businesses don't want to move into areas where you have, you
know, crime rate.
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October 25, 2011
I go down Bayshore quite a bit, and it hasn't changed in the last
20 years that I've been going to Bayview Park.
MR. JACKSON: Not to be controversial, Commissioner, but
you are wrong. And if you would like for me to bring back a
presentation the next meeting to show you that the Bayshore area has
a crime rate equal to the City of Naples and that we have improved
our crime rate 80 percent over the last five years -- we have less. We
get documents every month from the Sheriff s Office.
If you would like me to bring that to the board, if you would like
me to put that in front of the board and the public, I am willing to do
so. Let me prepare that, and I'll bring it back.
Now, the issue today is about this ordinance -- an amendment for
event grant program. I'm looking for a motion and a second and a
majority vote to amend this ordinance for an event grant.
COMMISSIONER HENNING: I wouldn't expect any other
sarcastic remark coming from you any less. Your whole attitude with
members of this board is appalling, absolutely appalling.
MR. JACKSON: Well, Commissioner, the moral of the point is
that you challenged -- you challenged something without any data or
facts, and you stated it as if it was a fact.
COMMISSIONER HENNING: What happened there last week,
Mr. Jackson? You had a shooting over there, didn't you?
MR. JACKSON: Yes, sir.
COMMISSIONER HENNING: Okay.
MR. JACKSON: We've had a shooting in two hospitals that are
not in my area. One is up in the -- District 2 and one is in District 3.
There's shootings in those hospitals that are not in my area.
COMMISSIONER FIALA: I'd like to get back on to the subject.
And so if I'm -- if you wouldn't mind me weighing in on this now. I
think it's my turn, right?
CHAIRMAN COYLE: Go ahead, go ahead.
COMMISSIONER FIALA: Yes. I think this event planning is a
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October 25, 2011
good idea. One of the good things about events is it draws people to
the area. And just, really, to respond to Commissioner Henning, when
you get people in there attending an event, the criminals don't want to
be seen nor heard, and you have a lot more security around those
events anyway, and that's a good thing.
And one of the -- as they've been buying up -- we had a lot of
derelict properties, and we had a lot of -- well, you know the
flophouses that we had all along there. And I have to say that the
CRA bought up those flophouses and mowed them down, and the
crime rate dropped 33 percent in just that two -year time period just
because they got rid of that element, and I think that's a wonderful
thing.
This is another -- another advantage as they try and continue to
move forward. We've got to keep in a positive vein to try and
improve this area, and anything and everything that we can do to
improve it is another step in the right direction to reducing the crime.
So I would make a motion to approve.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Okay. We have a motion by
Commissioner Fiala and a second by Commissioner Coletta.
And we have Commissioner Hiller.
COMMISSIONER HILLER: Yeah. David, where are you going
to get the money to do this stuff?
MR. JACKSON: The CRA budget.
COMMISSIONER HILLER: Well, your budget is virtually
nonexistent. You have about -- you know, you have about a million
and a half in debt service, and you're administering, you know,
approximately, what, 400,000?
MR. JACKSON: Ma'am, the Board of County Commissioners
approves the CRA budget every year. You approved the CRA budget
for FY 12. In the FY 12 budget that you approved, there is a total of
$426,600 in the grants and aid line item.
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October 25, 2011
Of that, there was a rollover from Fiscal Year '10 and 'I I of
previously approved grants, the grants that were approved by that
board. That leaves us a total of $164,783 in Fiscal Year ' 12 that is
available for grants. They are on a first come, first year basis (sic).
And as that money is used, until it is gone, then we don't apply -- we
don't accept any more applications and do don't anything.
So the amount of money that you're asking about is $164,783 for
all of the grant programs in my CRA. Those are already budgeted,
already approved by this board.
COMMISSIONER HILLER: You know -- and the reason I'm
concerned, just so you understand, is you have a huge debt obligation
that's coming due in a couple of years, and we don't have the money to
pay it back. I mean, we have -- no bank is willing to roll it over.
We've got, I guess -- how much -- approximate -- somewhere between
9 and $10 million which will be due in a couple of years, and you
don't have the reserves to pay it back.
I mean, I'm just concerned. I'm not sure that this is the best
investment given the limited funds you have, but I appreciate your
thinking about it.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: Yeah. Commissioner Fiala, I
agree that event will help that area. My concern in there -- and you
remember the Bayshore Coffee House, right? Very popular place.
Well, you know, I mean, I -- as I go down Bayshore, I'm seeing
all these empty buildings, and, of course, we have a lot of empty
property there. I'm trying to find ways to -- thinking out loud -- try to
find ways to entice people to locate a business there.
COMMISSIONER FIALA: That's what I'm hoping this will do
is bring more people to the area, then businesses will see that there are
festivals and events and they might want to locate there in order to
display their wares or sell their wares or whatever. It's kind of like the
chicken and the egg. I don't know which is first, but I'm hoping that
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October 25, 2011
this will be a good catalyst for it.
COMMISSIONER HENNING: Well, I respectfully disagree that
this is going to spur business.
CHAIRMAN COYLE: Okay. I -- my light is on now.
I see vacant buildings in Naples. I see vacant buildings when I
drive down 41. There are vacant buildings in lots of places, and that's
because we have an economic recession that's probably as severe as
anything we've ever had.
I think this proposal is a good proposal. I'm going to support it.
I'm also going to support Mr. Jackson's defense of himself against
what I consider to be vindictive attacks by people who want to
politicize this issue.
COMMISSIONER HENNING: Oh, everything's political.
CHAIRMAN COYLE: And -- you started this, Commissioner
Henning.
COMMISSIONER HENNING: No.
CHAIRMAN COYLE: And if you want to continue this
discussion, we'll have it.
COMMISSIONER HENNING: I'd be happy to.
CHAIRMAN COYLE: But you specifically attacked Mr.
Jackson because of his defense of himself in the face of Commissioner
Hiller's attacks the last meeting. So it's very clear --
COMMISSIONER HENNING: I'm talking about this meeting,
so you're absolutely wrong.
CHAIRMAN COYLE: It's very clear why you did that. And if
you don't mind, your light isn't on and you don't have the floor. I do.
COMMISSIONER HENNING: Well, you spoke to me. That's
why I'm responding.
CHAIRMAN COYLE: Well, I'll continue to speak to you
because I think --
COMMISSIONER HENNING: You just want me to shut up,
right?
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October 25, 2011
CHAIRMAN COYLE: I'm not going to tell you to shut up.
COMMISSIONER HENNING: Well, just go ahead and keep on
speaking to me and telling me not to say anything.
COMMISSIONER FIALA: Let's call the question, please. I
know that you want to do this, but let's call the question.
CHAIRMAN COYLE: Yeah. We'll call the question. But it is
absolutely outrageous what two commissioners are doing in this
particular case, and I'm not going to be quiet about it. So I've
expressed my objection to it, and I will continue to focus attention on
the conduct of those two commissioners as they go about carrying out
their program of vindictiveness against people they don't like.
So all in favor of the motion, please signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Of course. Commissioner Henning and
Hiller dissenting.
Okay. Thank you very much, David. It's passed.
Item #I OB
RESOLUTION 2011 -202: RECOMMENDATION TO ADOPT A
BOND RESOLUTION AUTHORIZING THE ISSUANCE OF
BONDS IN AN AMOUNT NOT TO EXCEED $100,000,000 IN
ORDER TO REFUND A PORTION OF COLLIER COUNTY'S
OUTSTANDING CAPITAL IMPROVEMENT REVENUE BONDS,
SERIES 2003 AND SERIES 2005 — ADOPTED
MR. OCHS: Commissioners, that takes you to Item IOB on your
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October 25, 2011
agenda. It's a recommendation to adopt a bond resolution authorizing
the issuance of bonds in an amount not to exceed $100 million in
order to refund a portion of Collier County's outstanding capital
improvement revenue bonds, Series 2003 and Series 2005.
Mr. Isackson was scheduled to make the presentation. He fell ill
late this morning, but we are pleased to have Sergio Mazbidol, our --
from our county financial advisor's public finance management, and
also Derek Johnssen, our general accounting manager from the Clerk
of Court's finance and a member of our finance committee that are
here and can make the presentation and answer any questions you
have.
COMMISSIONER HENNING: Motion to approve.
MR. OCHS: Sergio -- oh, there you go.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion to approve by Commissioner
Henning, second by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It passed unanimously. Good
presentation.
MR. OCHS: I think I'm going to hire Sergio. He's got the best
presentation so far.
Item #I OD
RECOMMENDATION TO REVIEW THE PROPOSED CHANGES
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October 25, 2011
TO ORDINANCE NUMBER 2001 -73, AS AMENDED, THE
COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM
BILLING, OPERATING, AND REGULATORY STANDARDS
ORDINANCE, AND PROVIDE GUIDANCE TO THE COUNTY
MANAGER FOR SUBSEQUENT ADOPTION OF A REVISED
ORDINANCE, TO PROVIDE CLARIFICATION AND REVISE
ADMINISTRATIVE PROCEDURES — MOTION TO FORWARD
THIS ITEM TO THE DSAC AND UTILITY AUTHORITY
APPROVED
MR. OCHS: 10D is a recommendation to review the proposed
changes to Ordinance No. 2001 -73 as amended, the Collier County
Water /Sewer District Uniform Billing, Operating, and Regulatory
Standards Ordinance; and provide guidance to the county manager for
subsequent adoption of a revised ordinance; to provide clarification
and revised administrative procedures.
Mr. Joe Ballone, your manager from Utility Billing and
Customer Service, will present.
Joe.
MR. BALLONE: Good afternoon, Commissioners. For the
record, Joe Ballone, Manager of Utility Billing and Customer Service.
I do have a brief presentation for you. At one of the previous
board meetings, we did ask you to direct the county manager to allow
us to review the Uniform Billing Ordinance. You did so, and,
therefore, we're bringing these amendments forward to you now to
review.
They are a result of a comprehensive review of all of our utility
services coordinated with Florida state statutes, other utility
ordinances, or utility standards, and based in the special act that
created the utility.
I want to reiterate and make it very clear that there is no fiscal
impact related to any of these amendments that we're proposing.
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October 25, 2011
We're not changing any board rates. We are using different words --
and we'll talk about those in a few minutes -- and we're not changing
any practices that we utilize; however, we are formalizing our best
business practices that are in place now and relay them to the realities
that we are finding in the field, and that's going to close any gaps
between practices and the ordinance.
We hope that these changes are to the benefit of all of our utility
customers without penalizing any individual customers, and we find
that many of the changes that we're recommending really result out of,
you know, what we're calling a new book of business that have
emerged out of things that are happening in the current economy.
CHAIRMAN COYLE: Commissioner Henning, do you have
any questions you'd like to ask him?
COMMISSIONER HENNING: I do have several. I have --
CHAIRMAN COYLE: Why don't we do that. I'm not sure we
need to sit through a presentation of 13 slides here. Okay?
MR. BALLONE: At the board's pleasure, yes, sir.
CHAIRMAN COYLE: Okay. Commissioner Henning, go
ahead.
COMMISSIONER HENNING: First of all, when you came to
the board, it was saying it was just a cleanup, minor changes. And
there are substantive changes within this ordinance. No review or
recommendations by either DSAC or the Utility Authority or the
Productivity Committee.
I mean, you're changing the way -- your billing used to be 350
gallons base gallonage per day, and now you're doing an ERC, right?
MR. BALLONE: That is a definition of an ERC. It's 350 gallons
a day. We're just trying to clarify the language so that it's visible to
our customers and to our staff.
COMMISSIONER HENNING: But you're crossing out the
definition of ERC that has the 350 -- unless you're putting it
somewhere else -- and you're using a service base charge.
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October 25, 2011
MR. BALLONE: An equivalent residential connection per
current service levels is 350 gallons per day. Rather than state that in
the ordinance, we will let the AUIR and the master plan dictate the
level of service, and we'll just refer to an equivalent residential
connection as that which is defined in those levels of service, rather
than have it included in the ordinance.
COMMISSIONER HENNING: I don't see any reason why we
should take it out of the ordinance. You know, there are so (sic)
substantive changes, I believe this needs to have more vetting than the
Board of Commissioners.
Now, you have a special act through the state statutes for the
Water and Sewer District, correct?
MR. BALLONE: Yes, Commissioner.
COMMISSIONER HENNING: Okay. Why aren't we -- why
aren't we going by that instead of what I'm perceiving as -- it's
applicable to state and federal laws and rules and regulations?
MR. WIDES: Commissioner, for the record --
MR. OCHS: I mean, installation of -- you know, more demands
-- when people wish to change a meter for a 3 inch or larger, the
property owner's got to get approval from the district. I'm sure they
have to do that now. And then they have to undertake a full
compliance within the provision of Section 14.
This is a lot of things that we changed. And then subsequently
the concern from the industry had to be vetted through the DSAC
committee. Now we're bypassing the DSAC committee, and I would
really like to have all these committees review these before we even
consider an ordinance, get their recommendations.
It's the customers, and it's the people with new construction that
is going to be affected by that.
And, by the way, we've never had empirical data for the rate
schedule in here, what's being proposed for, what is it, 2016 for the --
yeah, 2016 on the last page. And I know these are existing rates.
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October 25, 2011
We've never had empirical data to show that there's a need for such a
charge.
So while we're cleaning it up, why don't we really take a look at
that, provide that information to the Productivity Committee so they
can make these recommendations within the rate schedule?
MR. WIDES: Commissioner, Tom Wides, for the record.
First off, the data that you're looking at on that schedule that goes
out to 2016, that was vetted through the Productivity Committee,
through the DSAC committee as part of our master plans, and more so
our rate studies that were adopted by the board in February of 2011.
We're just implementing the schedules for the data that we
prepared and ran past those committees in that period of time.
And you made a -- you made a note here. These are things that
have not changed. They're just simply -- we're trying to get them in
the ordinance so the business practices that are in place today are
being reflected in the ordinance so that, in fact, our customers and our
staff have full visibility on exactly the procedures and policies.
COMMISSIONER HENNING: So you're -- you're applying
policy today and you just want to codify it in the ordinance?
MR. WIDES: Essentially, yes. This is not new policy. This is
just trying to make things a little more clear to our customers.
COMMISSIONER HENNING: And that's -- thank you. And
that's my concern on why we had that interpretation, internal
interpretation. We're applying rules and regulations that hasn't been
adopted by the board. I don't know the effects of those.
MR. WIDES: Commissioner, is there a question that I could
respond to?
COMMISSIONER HENNING: Yeah. I'm going to make a
motion that we direct staff to vet this through the DSAC, Productivity
Committee, and the Utility Authority.
COMMISSIONER HILLER: I'll second it.
CHAIRMAN COYLE: Commissioner -- okay. A motion by
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October 25, 2011
Commissioner Henning, seconded by Commissioner Hiller that the --
this item should be referred for review by DSAC and the Utility
Authority.
Commissioner Coletta, you're next.
COMMISSIONER COLETTA: Thank you. You never can have
too much oversight. I agree with Commissioner Henning on that. The
question I have is, you already mentioned there has been some
oversight on this. Would you elaborate on that again for me?
MR. WIDES: Yes. At the time -- prior to the adoption of the
current water rates, impact fees, AFPI, we went to the Productivity
Committee, we went to the DSAC committee, vetted it through them.
If I remember right, the DSAC voted 10 -3 to support our results. And
I believe the Productivity Committee was even, you know, much
higher than that. I don't remember the exact number, but it was much
higher. That was quoted in the exec summaries for both the impact
fees and the user fees, that vetting, the results of that vetting.
COMMISSIONER COLETTA: Was there something in addition
to that that wasn't vetted through them, what Commissioner Henning
was referring to?
MR. WIDES: Sir, I don't know what -- I'm not sure what
Commissioner Henning's referring to, but we have been as transparent
as we possibly could be on all of the information concerning our
Utility and our Solid Waste Department pollution control --
COMMISSIONER COLETTA: I really want to do the right
thing. I'm going to ask the chair if Commissioner Henning might tell
me what we're missing.
COMMISSIONER HENNING: Mr. Wides just stated that
they're implementing these rules and regulations. I understand about
the rates. How they apply, you know, new connections or whatever it
is, he says they're already applying that to new construction or
whatever.
We haven't adopted those policies; in other words, how those
October 25, 2011
rules affect the customers. So, we're codifying what they're already
doing, but is that really the right thing to do to the industry?
I don't know without getting recommendations from DSAC. I
mean -- and, again, it's just like those unofficial interpretations that is
applying to residents. We don't -- we're not going to know the effects
until we get some feedbacks.
MR. WIDES: Commissioner, if I may. As an example, one of
the -- one of the changes we're making in the ordinance, we used the
word "availability charge" in the past. In the ordinances in what you
have adopted, we're suggesting to change that to a service charge,
service -base fee.
The only reason we're doing that is because the surrounding
communities are more used to using the word "service base fees."
That seems to be a more common term. It changes nothing in the
application of the rates, of the charges.
Another one is that we're simply talking about situations where
an individual may damage their backflow preventer. Now, we've
always -- it's no change in practice. We've always held the owner
liable for any damages. In fact, it could be a landscaper, et cetera,
who might have come in and damaged the property. We have two
choices: One, we can let the entire district pay for that damage at that
single property, or we can hold the individual accountable, which is
what we've always done in the past.
No, it's not specifically stated in the ordinance, but we thought
for, visibility and clarity, it would be something we could put in the
ordinance. We're trying to give our community a better idea of what's
going on in their business that they're part of.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: No. You already --
CHAIRMAN COYLE: You've still got the floor.
COMMISSIONER COLETTA: No, I'm done. Thank you, sir.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
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October 25, 2011
COMMISSIONER FIALA: Yes. You know -- Commissioner
Henning put it on afterwards, so next is Hiller, then Henning.
You know, I remember years and years and years ago we were
just fixing up some -- I forget what it was, but I think it was the Land
Development Code, and we were just trying to simplify it. We're not
changing any of the rules or anything. Lo and behold when it all came
out, there were a bunch of things wrong with it, and then -- and we
had to go backtracking, and it cost us a lot of extra money.
So I see where Commissioner Henning is going, and I don't think
it hurts us any to do that, just to make sure that everybody understands
that whatever you've done is exactly what they want to have done. So
I agree with him.
CHAIRMAN COYLE: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Yeah. And following along that
vein, you know, one thing that a constituent told me that I think comes
into play here -- in fact, he's sitting in the back of the room, Doug Fee.
One of the things that we don't have is a public utilities advisory
board.
Now, you all administer millions and millions of dollars. You
have very large projects. We have a new director who is coming up
with, you know, new and better ways of getting things done. I think it
would really be beneficial if we actually had a public utilities citizens
advisory board that could, you know, vet these questions, just like we
have, you know, advisory boards for the CRAs, for, you know, all
these other divisions. I mean, gosh, poor Nick, how many advisory
boards do you have that you end up dealing with, you know, the EAC,
DSAC. I mean, it goes on and on and on.
So I think it would be really beneficial, and that way you have,
you know, some knowledgeable people helping you as well as
citizens, you know, giving you feedback as customers.
So I'd like to bring that back, Leo. And if you could -- if you and
I could discuss this, I'll put it on the agenda next -- at the next meeting
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October 25, 2011
as an item, because I agree with Commissioner Henning, that having
advisory boards look at this is important.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Yeah, one last thing.
Page 4, Item D -- and I know this is the practice now. And I
would like personally to give some options to the user instead of the
property owner to where the bill is in the property owner's name and
it's mailed to the property owner's address of record. So if you have a
tenant, there's no way for the property owner -- and the tenant's
responsible for the water bill through the lease, there's no way for the
property owner to really have that checks and balances.
MR. WIDES: Commissioner, quite frankly, what we do is, yes,
we put the water bill, the account, in the owner's name always. Now,
if the property owner decides that he wants, for example, his lessor --
lessee, excuse me, to pay for the bill on a monthly basis, we allow for
a duplicate bill to go to the renter, to the lessee.
COMMISSIONER HENNING: Okay.
MR. WIDES: In that case, both see what's being paid, both are
seeing any overages or bills being unpaid, but ultimately it becomes
the --
COMMISSIONER HENNING: Owner.
MR. WIDES: -- owner who's liable who knows who's going in
and out of those facilities, and that's in our -- that's in our ordinance
detail.
COMMISSIONER HENNING: It's in D?
MR. WIDES: Not in D, in the detail, okay, where we have the --
COMMISSIONER HENNING: Can you point out what page or
-- I'll tell you what. You don't have to do that right now.
MR. WIDES: Sure.
COMMISSIONER HENNING: Thank you.
MR. WIDES: You're welcome.
CHAIRMAN COYLE: Okay. All in favor of the motion, please
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October 25, 2011
signify by saying aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: Okay. It passes unanimously.
MR. WIDES: Commissioners, thank you.
Item #I OE
RECOMMENDATION TO AWARD A CONSTRUCTION
CONTRACT TO QUALITY ENTERPRISES USA, INC., FOR BID
NO. 11 -5767, MUNICIPAL SERVICES TAXING UNIT (MSTU)
IMPROVEMENTS TO TAYLOR ROAD FROM PINE RIDGE
ROAD TO J &C BOULEVARD, PROJECT NO. 60182 -21 IN PINE
RIDGE INDUSTRIAL PARK IN THE AMOUNT OF $193469946.86
PLUS A TEN (10) PERCENT CONTINGENCY OF $134,694.681
RESULTING IN A TOTAL CONTRACT OF AMOUNT OF
$1,481,641.54 — APPROVED
MR. OCHS: Commissioners, that takes us to Item IOE on your
agenda. It's a recommendation to award a construction contract to
Quality Enterprises USA, Inc., for Bid No. 11 -5767, municipal
services taxing unit, the improvements to Taylor Road from Pine
Ridge Road to J &C Boulevard, Project No. 60182 -2 in Pine Ridge
Industrial Park in the amount of $1,346,946.86, plus the 10- percent
contingency of $134,684.60.
Mr. Jay Ahmad will present.
MR. AHMAD: Thank you, Mr. County Manager.
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October 25, 2011
Mr. Chairman, Commissioners, Jay Ahmad, for the record. I
have a presentation if you wish to hear it, or I'll ask (sic) any questions
if you have any.
CHAIRMAN COYLE: Okay, questions? Commissioner Hiller?
COMMISSIONER HILLER: Yeah, Jay. You know, one of the
things I didn't understand when I reviewed the backup is when you
look at the engineer's estimates and then you look at what the bidder
proposed for the same line items, there are material differences. And I
can't understand how, you know, these two groups of professionals -- I
don't know if you are using outside engineers or in -house engineers --
could come up with such different numbers. It just didn't make any
sense to me.
MR. AHMAD: Yes, the engineer's estimate is that, is an
estimate. The bid, of course, is what the bidder, the contractor -- and
in this case we had six contractors bid on different items within the
project.
The engineer's estimates are estimates, usually are based on prior
projects of similar nature. It's probable cost estimates of what that
item costs us for prior projects, and it's usually an average.
What the bidders bid on is the actual value that they will do the
work for.
COMMISSIONER HILLER: Yeah. Some of the line items were
materially different. I mean --
MR. AHMAD: You're absolutely right.
COMMISSIONER HILLER: -- they were really high on one
side, really low on the other, and on another line item it was
completely the opposite. I just couldn't see so many material
differences between the line items within the budget swinging all
ways. I mean, I just -- I just couldn't understand that.
MR. AHMAD: Yeah. We review each item by itself, and for --
whether the item that they bid on is reasonable or not. If it's -- if it's
within reason, we accept it. And, obviously, the ultimate is how much
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October 25, 2011
the project is going to cost us.
COMMISSIONER HILLER: Well, it's actually right.
MR. AHMAD: In this case it's about 9.6 percent below the
engineer's estimates, the lowest bid.
COMMISSIONER HILLER: Except for the fact, when you see
so many deviations, my concern then is, you know, is this sort of the
harbinger of some, you know, future change orders and, you know, it's
just staring you in the face before you even approve it.
MR. AHMAD: And we look at that precisely. As you
remember, when a bidder bids a penny for an item, for example, it just
flashes in front of us. Like this case, we --
COMMISSIONER HILLER: Like the Astaldi contract?
MR. AHMAD: We had that situation. But in this case we feel
that the bids were balanced and they are not outside the norm. And
the total project cost is well below the engineer's estimate, so we are
recommending the acceptance or the reward of this contract.
COMMISSIONER HILLER: What is the -- just one last
question. Who is the engineer who proposed the estimates?
MR. AHMAD: The engineer is ABB. Agnoli, Barber, and
Brundage is a local -- very -- it's one of our best engineers in town,
frankly.
COMMISSIONER HILLER:
words.
you.
I'm sure they'll appreciate the good
MR. AHMAD: And I do say it in front of them as well.
COMMISSIONER HILLER: That's very nice of you. Thank
MR. AHMAD: You're welcome.
CHAIRMAN COYLE: Okay. Any other questions?
(No response.)
COMMISSIONER HENNING: Move to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Move to approve by Commissioner
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October 25, 2011
Henning, second by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It passed unanimously.
MR. AHMAD : Thank you.
Item #1 OF
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS REVIEW AND APPROVE THE PROPOSED
FY 2011 -2012 ACTION PLAN FOR LEO E. OCHS, JR., COUNTY
MANAGER
MR. OCHS: Commissioners, Item 1 O was previously Item
16F I. It was moved to the regular agenda by Commissioner Hiller.
It's a recommendation that the Board of County Commissioners
review and approve the 2011/2012 Action Plan for the county
manager.
Ma'am, do you have --
COMMISSIONER HILLER: Yes. The reason I brought this
forward is I thought it was very important that the public hear what
your action plan is, Leo. And, you know, you laid it out very
succinctly, and I would like to ask that you present it.
MR. OCHS: Yes, ma'am. Be a pleasure.
COMMISSIONER HILLER: Thank you.
MR. OCHS: Let me just start off by -- for the benefit of the
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October 25, 2011
public, my contract requires an annual action plan be presented to the
board to form the basis on which the board can make an annual
assessment of my performance. So based on that, I've put together a
proposed action plan for the board's consideration. It consists of what
I called some broad areas that are generally expected to be performed
by a CEO, and then some specific areas of organizal focus for this
specific grading period based on my understanding of some of the
priorities of the commissioners, and I'm hoping to get some -- a
ratification or endorsement of that this afternoon.
The broad areas that I've concentrated on, the first one is
leadership and organizational direction. That's obviously the mission
to provide some consistent and clear direction in the county
workforce, maintain our focus on our long range strategic planning,
achieve organizational results that are expected of us by the board and
the public, and certainly anticipate and analyze problems that develop
and to quickly and effectively recommend solutions to those concerns.
The second area is operational effectiveness. This is the ability to
play our organizational resources to achieve the operational objectives
set out by the board using best management practices implementing
business systems that will hopefully improve the quality of our
service, control our cost resulting in improved customer satisfaction,
and also they have important policies and procedures and reporting
systems in place to ensure financial and operational accountability and
appropriate internal controls for the workforce.
The third area has to do with performance management and
workforce development. One of the primary objectives there
obviously is to have the ability to recruit and retain the talent that we
need in order to provide the type of services that this board wishes to
provide to their constituents, also to, obviously, maintain a
comprehensive personnel management system, market based
compensation and benefit program, maintain an annual performance
management system that aligns our individual employee goals and
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October 25, 2011
objectives with the agency's strategic plan and our annual operational
plan, and to provide a comprehensive employee training program to
provide our employees with the skill sets that they need to
successfully complete their jobs.
Make sure everybody can see it.
The fourth broad area is policy execution and support to the
county commission. Obviously, the goal there is to be able to
effectively implement all the directives and policies of the Board of
County Commissioners, timely respond to board requests for
information and assistance, make sure that the BCC agendas are
properly managed, and that you have all the information that you need
to make policy decisions.
Related to that is staff support for all of your various advisory
boards and committees and also assistance with the board's
preparation and execution of your annual legislative agendas for both
the federal and state legislative programs.
The next area is budget financial management, again, to make
sure that we are bringing the board a balanced budget in accordance
with law and established budget guidance by this County Commission
and to always attempt to make the best possible use of public funds by
proactively monitoring and managing our fiscal activities, looking to
increase our reserve levels, and make sure we're staying ahead of the
revenue forecast, we know where the trends are going.
Also, an example you saw today was continue to aggressively
manage our debt program, make sure we're properly structured, we are
able to have the debt financing mechanisms in place that are required.
And, certainly, another important element of budget financial
management is continue our cooperative work with the clerk on
internal audits and the preparation of the annual consolidated annual
financial report.
Next area is capital improvements, an important area still for the
county, and also asset management preservation. This is our area of
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October 25, 2011
emphasis to plan, construct, and maintain the county's critical public
infrastructure and capital assets. We do this, from a planning
standpoint, once a year when we bring the combined Annual Update
and Inventory Report and the Capital Improvement Element five year
plan to the board. We'll be doing that, as a matter of fact, next month.
Obviously, our goal on a daily basis to ensure that capital
projects and contracts are managed in full compliance with the board's
policy and guidelines. And an area of emphasis again this year, as we
discussed during your budget workshops, was the need to develop a
complete inventory of your critical public infrastructure, be able to
place a value on that in terms of long term maintenance and
sustainability, and ultimately develop a plan to make sure that we're
maintaining for the long term the assets of the county.
The seventh area is public information and community relations,
again, an important element. Certainly want to promote transparency
and public involvement in county government. We do that by meeting
regularly with citizens and civic groups, business and homeowners'
associations, looking at opportunities through multimedia outlets to
improve the knowledge of our citizens about government programs
and services, and this is an area that we need to continue to improve
on and develop as we move forward.
Commissioners, those are the general areas of organizational
focus. And then I've also included some significant operational
initiatives for Fiscal '12. the first of which is to -- consistent with your
direction, to implement whatever additional strategies, programs, or
services we need to promote a better business climate in Collier
County. We've spent a lot of time talking about that even today again,
and that's an area of emphasis for me based on what I believe is an
area of emphasis, obviously, for this commission.
Emergency Medical Services. Again, this is a very dynamic
environment. There's a lot of moving parts and, again, we want to
maintain a laser sharp focus on working collaboratively with all our
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October 25, 2011
community stakeholders and the policymakers on this important
service.
Asset management I just talked about, the need to build an asset
management capability that will provide visibility on our investments
and give us information that we can take to the board so they can
make the financial decisions that will ultimately protect and preserve
our infrastructure moving forward on a long -term basis.
The other area of focus in '12 is our grant management program.
I'm proposing -- and we're already initiating this at our level of
complete assessment our grant management programs and our grant
capabilities looking at our strengths and weaknesses, also
opportunities and our risk in our program.
Again, the ultimate goal there is to implement any changes that
we need to improve our accountability, our program compliance and
internal controls with respect to all of our grant programs.
Those are the areas that have been identified, Commissioners.
I'm open to additional suggestions or happy to answer any questions
that you have.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes.
Leo, first of all, I know I wrote this on your evaluation. I just
have to say it again. You've been an excellent budget manager. I
mean, probably too excellent, but really, really good.
Our employees like working for you, which gives them loyalty.
You encourage them, you back them, and you keep them -- you keep
them enthusiastic about their job. And although it doesn't say that in
here, you really do it, and you do it well, because I hear it all the time.
MR. OCHS: Thank you.
COMMISSIONER FIALA: And it makes me proud, by the way.
The one thing I would like to stress -- although you mentioned it
-- but I would love to see more of the focus, more of an emphasis on
community -- community communication, meaning more press -- not
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October 25, 2011
press releases telling us what ribbon cutting there is, but some of the
great things that we're doing -- and I don't think the public really
knows about it.
The Clerk of Courts does such a good job at this. He has -- you
know, he let's people know all the time what he's doing, how he's
doing it, and he focuses on all of the advancements, and I think we
could take note of that and try and copy him. We -- you know, and do
the same thing, because we need to do that more.
MR. OCHS: That's a great suggestion.
COMMISSIONER FIALA: And I know that you say in here --
you talk about PR and so forth, but I don't think you make enough
emphasis on it.
MR. OCHS: Yes, ma'am. I'll add it, with the board's permission,
as an area of specific attention for this fiscal year.
COMMISSIONER FIALA: If the other board members agree,
yeah.
CHAIRMAN COYLE: I agree.
COMMISSIONER HILLER: I think it's a very good suggestion.
COMMISSIONER FIALA: Thank you.
CHAIRMAN COYLE: Commissioner Hiller?
COMMISSIONER HILLER: Yeah. Leo, one of the concerns
that I have -- and it ties in the capital projects aspect of your
management with the asset management aspect -- is that so many
capital projects are approved without any consideration given to future
carrying costs, and that has put us in the bind we're in, and I know that
wasn't your fault because, you know, there was a different county
manager.
But what I would like to see is that -- I think it's very important
that every time staff present, going forward, any capital projects that
an estimate of the carrying cost be included in the fiscal impact,
because that needs to be contemplated simultaneously with the
approval of the project. It just will help with your asset management
October 25, 2011
that you're working on developing.
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: And the only other thing I would
like to see -- and this goes to, you know, the recommendation of the
allocation of the limited resources we have. You know, there are --
we were talking earlier this afternoon about transportation with respect
to Hacienda Lakes, for example, and, you know, do we have enough
money for maintenance.
And my concern is, we get this pool of money, but is it all being
allocated where it's expected to go? So if you have a project like
Hacienda Lakes and we expect ad valorem dollars to come in from
that and then we have road maintenance that's related, to ensure that,
you know, the share of ad valorem that is supposed to go to road
maintenance for the effective roads is, in fact, going there, so that the
recommendations, you know, basically follow through from, you
know, the inception of whatever the project is or the services and the
related, you know, anticipated revenues, that the matching is there so
that we don't have shortfalls.
Because it does seem to me we have shortfalls, and transportation
is one area that you and I have spoken about that concerns me greatly.
We still don't have a full picture of our, you know, unfunded liability
with respect to maintenance in that.
MR. OCHS: I understand, ma'am, and we're working towards
that.
COMMISSIONER HILLER: So just the concept of matching
going --
MR. OCHS: I understand.
COMMISSIONER HILLER: -- forward to ensure that that is
there and that we eliminate these funding shortfalls in areas where we
have a need.
MR. OCHS: Very good.
CHAIRMAN COYLE: Commissioner Coletta?
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October 25, 2011
COMMISSIONER COLETTA: Yes.
Leo, I think you've done an excellent job, and I'd like to dovetail
a little bit on Donna Fiala's suggestion. I believe Jim Mudd used to do
it, but it wouldn't hurt occasionally, when we have some things
coming up, like the budget cycle, if you or a member of your staff,
preferably you, might have an article you could submit to the daily
news, not political, just factual --
MR. OCHS: Right.
COMMISSIONER COLETTA: -- the way the process works to
try to draw people in so they understand what is involved and how the
different advisory groups play into it, put a little human side on the
government side that we're working on.
MR. OCHS: Good suggestion.
COMMISSIONER COLETTA: And with that I make a motion
for approval.
COMMISSIONER FIALA: And I'm seconding it. But may I just
add on to this -- I have this fantastic idea.
Kate, tell Phil Lewis to listen; tell him right this minute, because
I'm going to call him.
I think what we ought to have in the Naples Daily News once a
week is a county corner. Just like the school has the school page,
right? We should have a county corner where we can submit -- every
department could submit interesting things that are happening that
week, and we could put it all in one big article so that people know --
because every department is doing something interesting, whether it
be code enforcement doing cleanups or whether it be Nick's
department working on a new project or Norman having a ribbon
cutting or opening, you know, the Davis Boulevard thing. There's so
many things going on, and I think maybe if we had a county corner,
that would be interesting to everyone. Thank you.
COMMISSIONER HILLER: And, Commissioner Fiala, don't
you write, like, a weekly --
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October 25, 2011
COMMISSIONER FIALA: I do.
COMMISSIONER HILLER: -- or a monthly article? That's
actually a good idea, but it should be like in all the newspapers. You
know, like News Press could have it, Florida Weekly could have it. I
mean, we could get broad exposure with that same one article and put
it in, you know, all the different newspapers. It wouldn't cost any
more.
COMMISSIONER FIALA: Yeah, that's right. It's free.
COMMISSIONER COLETTA: You capture my motion?
CHAIRMAN COYLE: Yeah, I got the motion.
COMMISSIONER HILLER: They like these donated articles.
CHAIRMAN COYLE: Motion by Commissioner Coletta for
approval, seconded by Commissioner Fiala.
You have my comments?
MR. OCHS: Sir, I do, and I just -- I wanted to just mention that
-- briefly, if I could -- the chairman pointed out, very legitimately, a
need to improve our contract administration and invoice payment
processing procedures going forward this year to, you know, avoid
unreasonable change orders and to make sure our payment processes
are sound and we eliminate these discrepancies, and that's an excellent
suggestion. I will add that as well.
CHAIRMAN COYLE: Okay, good. Thank you very much.
COMMISSIONER HILLER: Can I comment on that point,
Commissioner Coyle?
CHAIRMAN COYLE: Go ahead, Commissioner Hiller.
COMMISSIONER HILLER: And, Leo, we talked about that this
morning -- I mean, you're already headed in that direction, you know
-- when we discussed the purchasing policies and procedures. And last
year we asked the Purchasing Department to hire an attorney to do an
analysis.
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: Now let's see what they've
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October 25, 2011
recommended, and in conjunction with recommendations from the
Clerk's Office, bring back the proposal. And, like I said, we've
already addressed this as of this morning.
MR. OCHS: Yep.
COMMISSIONER HILLER: Bring it back and let's fix what
needs to be fixed. I really like where, in your eval- -- or your goals, if
you will, you stated that you wanted to use best practices. There are
best practices our there for procurement. And procurement, you know,
can easily be the county's Achilles heel. It can also make us golden.
So, you know, best practices is definitely something you want to apply
in that area.
MR. OCHS: I agree. Thank you, ma'am.
Thank you.
CHAIRMAN COYLE: Okay. That takes us to Item G.
MR. OCHS: Yes, sir.
CHAIRMAN COYLE: Oh, yes, I'm sorry. We didn't really
close out that vote.
All in favor of the motion, please signify by saying aye.
COMMISSIONER HILLER: Ave.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: The motion passes unanimously.
MR. OCHS: Thank you.
Item #I OG
RECOMMENDATION TO APPROVE AND AUTHORIZE THE
CHAIRMAN TO SIGN AN AMENDMENT TO AGREEMENT FOR
October 25, 2011
FEE PAYMENT ASSISTANCE, BETWEEN COLLIER COUNTY
AND LUCY SALON, INC., PROVIDING FOR THE REPAYMENT
OF FEE PAYMENT ASSISTANCE FUNDS OVER A FIVE -YEAR
PERIOD — APPROVED
MR. OCHS: IOG is a recommendation to approve and authorize
the chairman to sign an amendment to agreement for fee payment
assistance between Collier County and Lucy's Salon, Incorporated,
providing for the repayment of fee payment assisted funds over a five
year period.
This item was moved at Commissioner Hiller's request.
Nick is available to answer questions or --
COMMISSIONER HILLER: Could you do a presentation on
this, please.
MR. CASALANGUIDA: Presentation. Lucy's Salon is in
Immokalee, one of the areas where our economic incentive program is
a little different than the rest of the county.
You came forward in November 29th of 2005. Average wage at
the time required was 16,367 for the program for Immokalee.
Minimum new jobs created was five, which they did.
The agreement was approved in December 22, 2006, and they
received several extensions because they were under construction.
They actually received their certificate of occupancy in April of 2008
and started into the program.
About a year into the program they realized that they were not
going to be able to meet that requirement for the job minimum -wage
criteria, so they worked with staff to come through with an agreement
so they could go back and pay back the county over a period of five
years.
They are in business, and they have an excellent shop in
Immokalee, and so our staff is recommending approval of the
extension or the repayment program.
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October 25, 2011
COMMISSIONER HILLER: So this fee payment assistance was
for waiver of impact fees?
MR. CASALANGUIDA: It's impact fee assistance program. It's
a waiver.
COMMISSIONER HILLER: So what happened was they didn't
have to pay the impact fees, and instead the funds were taken from the
General Fund and contributed to the impact fee fund on their behalf?
MR. CASALANGUIDA: That's correct.
COMMISSIONER HILLER: Okay. Well, we're not doing that
with the new fee payment assistance program, so I have some
concerns there.
I'm actually very concerned. Did these people qualify under the
fee payment assistance program at the time they applied?
MR. CASALANGUIDA: Yes, ma'am, they did.
COMMISSIONER HILLER: They qualified?
MR. CASALANGUIDA: They did.
COMMISSIONER HILLER: And this Lucy's Salon was brought
forward by the EDC as a project?
MR. CASALANGUIDA: Yeah, in conjunction with staff.
COMMISSIONER HILLER: In conjunction with staff. And so
this is an example of the economic development initiative?
MR. CASALANGUIDA: Well, Immokalee's a little different. I
mean, your criteria is different for other parts of the county.
COMMISSIONER HILLER: Oh, I understand that there's a
lower threshold, but I'm just interested -- you know, I wasn't here at
the time this was approved, so I want the history on it.
MR. CASALANGUIDA: Sure. I think at the time it came
forward -- and this is off recollection a little bit -- I think everybody
was, you know, is this really what we're looking for with economic
development.
Around Immokalee, in essence, it is. It's a small business.
Again, I got a couple pictures of the shop and the outside.
October 25, 2011
COMMISSIONER HILLER: I mean, I've actually driven by it.
I've seen it.
MR. CASALANGUIDA: Yeah. It's --
COMMISSIONER HILLER: The other issue that concerns me
is, you know, the ordinance provides that there's security for these
kind of advances, and it's supposed to be with a lien against the
property. But I came to learn that, in fact, there's no way we would
ever be able to recover against this lien because there's a first position,
there's a mortgage on that property, and this would be a subordinate
lien. And I don't believe there's enough there to protect us.
So, I mean, I just -- I think this particular situation highlights so
many flaws with our existing ordinance and also goes to the issue of
the fact that when there is fee - payment assistance, the General Fund
does have to -- or some other source of revenue has to make the
impact fee fund whole for whatever impact fee is waived, which, you
know, this board disagreed with.
MR. CASALANGUIDA: No. I think right now your General
Fund does supplant that impact fee fund, so that not --
COMMISSIONER HILLER: Oh, they are?
MR. CASALANGUIDA: Yes.
COMMISSIONER HILLER: Oh, I didn't believe -- it wasn't
budgeted when we were --
MR. CASALANGUIDA: No. We actually have about $200,000
we budget annually up to that, and that's part of that funding that you
set aside for some of these programs.
COMMISSIONER HILLER: Well, I think the amount that's
being waived, you know, based on some of the other fee assistance
funds that have been allocated, is in excess of 200,000. Quite
substantially -- but we can go over that after.
MR. CASALANGUIDA: Okay.
COMMISSIONER HILLER: But, anyway, as I said, it leaves
me concerned.
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CHAIRMAN COYLE: Okay. Commissioner Fiala, were you
next?
COMMISSIONER FIALA: Yes. Yes, I was. I agree that we
should probably update that ordinance. I think we need to -- a new
perspective on it because it was made before -- you know, before all
of the crashes occurred with our economy.
MR. CASALANGUIDA: Sure.
COMMISSIONER FIALA: But, meanwhile, on this particular
case, I think that this lady has tried everything she could, never got --
never knew she was going to get hit so hard with the economy, has
tried to recover.
She's got a thriving little business, although it's a little business,
and she wants to pay it all back. She's not even asking for waivers.
She's just asking for a time extension, five years, to pay it back. And
I'm in total agreement, so I'm going to make a motion to approve.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Motion by Commissioner Fiala, second
by Commissioner Coletta to approve.
We have public speakers. How many?
MR. MITCHELL: Sir, we've one, but it's Duane Billington.
He's not in the building.
COMMISSIONER FIALA: Did you say Blaine Dwillington?
CHAIRMAN COYLE: We know who it is.
MR. MITCHELL: Sorry, I just need to --
CHAIRMAN COYLE: And that's the only speaker?
MR. MITCHELL: That's the only speaker.
CHAIRMAN COYLE: Okay. All in favor of the motion, please
signify by saying aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
::
October 25, 2011
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It passes unanimously. Thank you.
COMMISSIONER HILLER: And I do want to just add one
point, if I may, Commissioner Coyle. And I think it's very significant
that she wants to repay it and is not trying to, you know, basically get
it waived and get something for nothing. So I think that's
commendable.
CHAIRMAN COYLE: And turn off my speaker light now, Ian.
Thank you.
Item #I OH
RECOMMENDATION TO ACKNOWLEDGE RECEIPT OF
ENTITLEMENT FUNDS FROM THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) FOR FY 2011-
2012 AND APPROVE THE ASSOCIATED BUDGET
AMENDMENTS. ONCE RECEIVED, HHVS WILL BRING THE
ENTITLEMENT AGREEMENTS AND CERTIFICATIONS TO
THE BCC FOR SIGNATURE. THE ENTITLEMENT FUNDS
INCLUDE $2,114,463 FOR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG), $502,126 FOR HOME INVESTMENT
PARTNERSHIPS PROGRAM (HOME), AND $94,611 FOR THE
EMERGENCY SHELTER GRANT (ESG) — MOTION TO
APPROVE WITH CONDITIONS SPECIFIED — APPROVED
MR. OCHS: Commissioners, Item IOH was previously Item
16D4 on the agenda. It's a recommendation to acknowledge receipt of
entitlement funds from the U.S. Department of Housing and Urban
Development for Fiscal Year 2011/2012, and approve the associated
budget amendments.
October 25, 2011
Once received, Housing, Human, and Veteran Services will bring
the entitlement agreements and certifications to the board for
signature. The entitlement funds include $2,114,463 for the
Community Development Block Grant, $502,126 for the HOME
Investment Partnerships Program and $94,611 for the Emergency
Shelter Grant.
This item was moved from the consent agenda at Commissioner
Hiller's request.
Ms. Grant?
CHAIRMAN COYLE: Commissioner Hiller, do you have
questions?
COMMISSIONER HILLER: Well, let me begin before you
make your presentation, if I may. You know, my concern about this is
I was under the impression that we were not going to be in this
business any longer, that it wasn't that we were merely suspending the
neighborhood stabilization program but this other program as well,
that, you know, we can't effectively manage these programs.
What was even more concerning to me was -- and I very much
appreciate your comments, Jeff. You made some very good points.
When I read the executive summary -- and I'm going to read this
for the record. The legal considerations state as follows. And this was
written by our county attorney, Jeff Klatzkow.
I'm advised by staff that the funds are available now; however,
due to their administrative issues, HUD will not have the requisite
agreements prepared and sent to us for two months. By approving this
item, staff will have the opportunity to draw off these funds for
projects and expenses that the board has previously approved as part
of this grant application.
If the board subsequently elects not to approve the HUD
agreements, then the county will need to reimburse HUD for the funds
that have been spent. That said, this item has been reviewed by the
county attorney and is legally sufficient, requires a majority vote for
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October 25, 2011
board approval.
So it leaves me concerned because essentially what that means is,
you know, if we -- we're basically approving this before the fact. And
if it turns out that once these agreements come in we choose not to
approve it, then we're going to have to come out of pocket to
reimburse for those expenditures that we've already expended, and I
wouldn't want to see that happen.
So, first, I don't understand why we're doing this, and, secondly,
the point that the county attorney validly makes is of concern to me.
MS. GRANT: Kim Grant, interim director of Housing, Human,
and Veteran Services, for the record. I'll take the questions in order.
COMMISSIONER HILLER: Thank you.
MS. GRANT: I was not aware that the board direction was to
suspend all grant activity or accepting all grants. The premise I've
been operating under is a direction to move out of single family
rehabilitation and similar type activities.
COMMISSIONER HILLER: I thought we were moving out of
housing, out of the -- the housing grant awards, not just the NSP, so
whatever related to housing. If there's grant funding in there for other
than housing, we can discuss that. But -- and if I'm mistaken, please
tell me.
CHAIRMAN COYLE: You are. You're mistaken.
COMMISSIONER HILLER: Okay.
CHAIRMAN COYLE: The grant program that we decided to
get out of is substantially different from any of these. And if we were
to refuse these grants, we would be having a very major impact on a
large segment of our community that depends upon those. So we did
not cancel involvement in these.
COMMISSIONER HILLER: Okay. So can you then -- not you,
Commissioner Coyle --
CHAIRMAN COYLE: Okay. Yeah, thank you.
COMMISSIONER HILLER: -- but, Kim, could you please go
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over the various programs just so we can be sure what we're approving
so that --
CHAIRMAN COYLE: There they are, right there.
COMMISSIONER HILLER: I just want her to go over that for
the benefit of the public.
MS. GRANT: Commissioner, thank you for that opportunity.
There are two executive summaries before you today.
What's up on the visualizer are all of the projects that this board
approved in the action plan for CDBG, HOME, and ESG funding on
July 26th.
The accompanying executive summary, which is now IOJ, lists
the six projects that we're bringing to you today; however, this item
that we're currently addressing does deal with all of these projects.
I'm going to need to move over to the visualizer so I can see this
and talk about each one.
CHAIRMAN COYLE: You don't need to talk about each one. I
think we're just --
COMMISSIONER HILLER: Just list them.
MS. GRANT: Just list them, okay.
The projects that are -- that were approved in the action plan are
David Lawrence Crossroads Expansion Project, City of Naples Park
Improvements, Immokalee CRA Main Street Crosswalk Project,
Collier County HHVS Senior Meals Expansion, Collier County
Housing Authority tenant based rental assistance, Housing Authority
tenant based rental assistance administration, Guadalupe Center job
Creation Program, CDBG Planning Administration HHVS, Shelter
For Abused Women and Children Emergency Shelter Grant, ESG
Administration HHVS, Housing Development Corp of Southwest
Florida Homebuyer Education Program CDBG, and the same from
HOME Funds, CHDO set aside Florida non - profit, CHDO Operating
Empowerment Alliance of Southwest Florida, Empowerment Alliance
of Southwest Florida, their homebuyer education program in
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October 25, 2011
Immokalee, Parks and Recreation Department Eagle Lakes
Community Center, David Lawrence Center emergency backup
generator, and HOME administration HHVS, for a total of -- we
applied for 2.6 million. We were actually awarded more than that, 2.7
something.
COMMISSIONER HILLER: Can I ask a quick question? What
is the CHDO set aside Florida nonprofit? Who's that for?
MS. CASTORENA: For the record, Margo Castorena, Grants
Manager, Housing and Human Services.
The CHDO set aside is a requirement by the HOME program that
a set aside be given to a Community Housing Development
organization. These organizations are to foster either rental units or
housing units.
COMMISSIONER HILLER: I know what a CHDO is. I want to
know which organization this money is going to go to.
MS. CASTORENA: It's Florida Nonprofit, ma'am.
COMMISSIONER HILLER: Florida Nonprofit? Oh, is -- the
organization is Florida Nonprofit?
MS. CASTORENA: Yes, ma'am.
COMMISSIONER HILLER: Oh, okay. I missed that. I didn't
understand that.
MS. CASTORENA: Yes.
COMMISSIONER HILLER: What is Florida Nonprofit?
MS. CASTORENA: It is a nonprofit organization based in
Immokalee.
COMMISSIONER HILLER: It's a CHDO?
MS. CASTORENA: Yes, ma'am.
COMMISSIONER HILLER: Okay.
MS. CASTORENA: As is Empowerment Alliance of Southwest
Florida. Collier County has four CHDOs at this point, ma'am.
CHAIRMAN COYLE: Okay. Any other questions?
COMMISSIONER HILLER: Only the concern raised by the
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county attorney, how that will be addressed.
COMMISSIONER HENNING: That's on 16D4.
COMMISSIONER HILLER: Yeah.
COMMISSIONER HENNING: The next item, right?
COMMISSIONER HILLER: No, this is 16D4. It's on this one.
CHAIRMAN COYLE: No. It's on this item, but that -- the one
way that can be accomplished, in my opinion, is to go ahead and
approve this but not authorize the staff to spend any funds until the
money is received.
MS. GRANT: Certainly that's one option, Commissioner. We --
our real desire here is to get our subrecipient agreements in place, but
we could certainly instruct them either not to spend money until the
agreements are signed, or we would not accept reimbursement to that
point, so that is certainly an option.
CHAIRMAN COYLE: Okay.
COMMISSIONER HILLER: I would like to support what
Commissioner Coyle said. I think that's the prudent way to proceed.
MS. GRANT: Okay.
CHAIRMAN COYLE: Then I'll make a motion to proceed with
approval of the receipt of the grant funding but not authorize staff to
expend any funds until we have received the agreements.
COMMISSIONER HILLER: And I'll second that.
CHAIRMAN COYLE: Signed agreements, by the way.
MS. GRANT: Thank you. And may I --
CHAIRMAN COYLE: And the money.
MS. GRANT: May I ask at the same time that you then do
approve IOJ, which are the six subrecipient agreements that are before
you today.
COMMISSIONER FIALA: We first have to vote on this one,
right?
CHAIRMAN COYLE: Yeah. Let us vote on this, then we'll
take the next one.
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October 25, 2011
MS. GRANT: Thank you, sir.
CHAIRMAN COYLE: Okay. The motion by me to approve
with the conditions specified, and seconded by Commissioner Hiller, I
believe, right?
COMMISSIONER HILLER: Yep.
aye.
CHAIRMAN COYLE: All in favor, please signify by saying
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: Okay. Let's go to the next item, which —
Item # 1 OJ
RECOMMENDATION TO APPROVE AND AUTHORIZE THE
CHAIRMAN TO SIGN SIX (6) 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 2011 -2012 ACTION PLAN APPROVED
BY THE BOARD ON JULY 26, 2011 — APPROVED
MR. OCHS: Commissioner, if you don't mind, I'll -- while Kim
is here, I'll jump to the one she talked about first, which was IOJ, and
that's a recommendation to approve and authorize the chairman to sign
six subrecipient agreements for the Community Development Block
Grant and HOME Investment Partnership Program project previously
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October 25, 2011
approved by the Department of Housing and Urban Development
funding in 2011/12 action plan approved by the board on July 16th.
And as Kim mentioned, this is a -- was pulled by the staff
because of the pull of the related item of 16D4 that you just dealt with.
Kim?
CHAIRMAN COYLE: Motion to approve.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Okay. Motion to approve by me, second
by Commissioner Coletta.
aye.
Any questions?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It passes unanimously.
MR. OCHS: Thank you, Commissioners.
Item #101
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS APPROVE A ONE -TIME EXCEPTION TO
THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
2006 -2009 LOCAL HOUSING ASSISTANCE PLAN (LHAP)
POLICY ESTABLISHING FIRST -TIME HOMEBUYERS AS ONE
OF THE REQUIREMENTS FOR DOWN PAYMENT AND
CLOSING COST ASSISTANCE. APPROVAL OF THE
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October 25, 2011
EXCEPTION WILL ADDRESS AND CORRECT A MONITORING
CONCERN ISSUED FOR THE SHIP PROGRAM — APPROVED
MR. OCHS: The next item is Item 10I. It was previously Item
16D5 on your consent agenda. It's a recommendation that the Board
of County Commissioners approve a one -time exception to the State
Housing Initiatives Partnership 2006 -2009 Local Housing Assistance
Plan policy establishing first time home buyers as one of the
requirements for down payment and closing cost assistance.
Approval of this exception will address and correct the
monitoring concern issued for the SHIP program.
This item was moved at Commissioner Hiller's request.
CHAIRMAN COYLE: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Can you go ahead and explain
what happened?
And then, Leo, maybe you can add to how you are going to
change things so this doesn't happen again.
MR. OCHS: Go ahead.
MS. GRANT: Certainly. I'm happy to answer that question.
The applicant applied for down payment assistance and provided
us all accurate information. The -- upon review by the monitor, we
realized that staff simply made an error, no question about it.
The decision to provide the assistance was based on No. 2, which
is on our executive summary, a single parent with children under the
age of 18 who has recently been divorced or displaced. The individual
had recently been divorced, slash, displaced but did not have any
children under the age of 18. And she did not say that she did. It was
a staff mistake.
MR. OCHS: Now, Kim, is the person still living in the home and
we have a SHIP loan still secured with a second mortgage?
MS. GRANT: That's correct. Actually -- correct, a subordinate
mortgage, correct.
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October 25, 2011
COMMISSIONER HILLER: Leo?
MR. OCHS: Well, I mean, that is what Kim explained.
Obviously, we are working on a number of things since Kim has come
over to assignment in Housing and Human and Veterans Services to
get -- as I've just mentioned in the discussion on the action plan, to get
our grant program compliance efforts improved, put some new
policies in place.
This was actually a -- not a policy of the state program. It was
one of the local policy initiatives that were proposed at the time that
we entered into this program back in 2006.
We're going to do a much better job than we have in the past of
making sure that those type of conditions make the right kind of sense
for the commissioners.
COMMISSIONER HILLER: So --
CHAIRMAN COYLE: I am confused about this, because what
you just told us is at variance with the executive summary, and I need
to know which one is correct. The executive summary says that the
reason that the person was determined to be ineligible is because she
was not a first -time home buyer. In fact, she had owned a home
within the past three years in Virginia and that that was the reason, not
that she didn't have children under the age of 18. So we've got to get
this straightened out.
MR. OCHS: Okay, okay. Go ahead, Kim.
MS. GRANT: Allow me to clarify, Commissioner. The -- in the
executive summary the definition of first -time homebuyer includes
several different criteria, one of which is the one that I mentioned.
CHAIRMAN COYLE: Okay.
MR. OCHS: So even if you owned a home in the last three
years, if you were divorced in that period of time and you had children
under 18 living with you, you would still be considered eligible as a
first -time homebuyer. The problem was that she met one of the
criteria but didn't have the children under 18, and that was our error
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approving that, so that's -- and that then got incorporated into the plan
that went to the state and got approved, so the state monitor said, even
though this isn't our requirement, it was a requirement that you
submitted locally with your plan, we have to point out that there's a
discrepancy there, because that individual does not have children
under 18 even though she was, indeed, divorced and could be
considered a first -time homebuyer by the state.
CHAIRMAN COYLE: Well, I don't want to make a big issue
out of this, but you've said here that since the requirement that
applicants be first -time homebuyers was a Collier County policy and
not a SHIP program requirement, the board has the authority to
approve this one time exception for the purpose of addressing and
correcting the monitoring concern.
So it led me to believe that we had a policy which was in addition
to the government requirement, and since it wasn't a government
requirement, we could waive it because it was our policy, but it was a
policy about being a first time homebuyer, not a policy about children
under the age of 18.
So what you're telling me is that they -- that the lady failed to
qualify under two areas of qualification. Number 1, our criteria that
she was not a first time homebuyer and, secondly, under the
government's criteria, that she did not have any children under the age
of 18.
Now, did I state that correctly?
MS. GRANT: Allow me to clarify. And I appreciate the
exchange so we can make sure that we have this completely accurate.
The guidance in our LHAP, Local Housing Assistance Plan, adopted
by this board, includes a definition for first -time homebuyer which
includes an option; one of the alternatives would be a parent with a
child under 18, et cetera. That is not a requirement of the state.
So, in fact, the issue is associated with our local components of
our criteria; however, when the state came to monitor, because we had
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put this in place, they needed to both monitor on the state level criteria
and the local plan criteria.
I'm not certain whether I've clarified that or not. Perhaps you can
let me know.
CHAIRMAN COYLE: No. I'll ask -- try to ask one more time.
MS. GRANT: Okay.
CHAIRMAN COYLE: Are we approving a one -time exception
to our requirement that applicants be first time homebuyers?
MS. RAMSEY: Yes, that's correct, Commissioner. Marla
Ramsey, public services administrator.
CHAIRMAN COYLE: That is the criteria that you're asking us
to waive --
MS. RAMSEY: That's correct.
CHAIRMAN COYLE: -- is the fact that there's a first -time
homebuyer and not that they didn't -- that she didn't have children
under the age of 18.
MS. RAMSEY: We're asking you to allow for a one -time
exception as it relates to the guidelines that we have locally that you
do have the authority to waive.
CHAIRMAN COYLE: And that is the one that says --
MS. RAMSEY: First time homebuyer.
CHAIRMAN COYLE: First time homebuyer.
MS. RAMSEY: That's correct.
CHAIRMAN COYLE: Now, that leads me to the next logical
question. Rather than doing a one -time waiver of this requirement,
how about if we just waive it entirely if it's not a requirement of the
people who are paying the money?
MS. RAMSEY: That is an opportunity for you to do -- do that
today, or you could give us direction to come back and do that if you'd
like us to.
CHAIRMAN COYLE: Well, what would the board prefer?
COMMISSIONER HENNING: I like it in there.
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October 25, 2011
CHAIRMAN COYLE: Leave it there?
COMMISSIONER HENNING: Yes.
CHAIRMAN COYLE: All right. So it would be a one -time.
Does everybody agree that it should be left there? Okay. So we just
waive it for one time, right, just this one person. Okay.
Commissioner Hiller?
COMMISSIONER HILLER: Marla, can you explain to me what
form the applicant filled in that didn't give you the information to
identify that she didn't qualify under this? I mean, what -- how could
staff have made a mistake in this regard, is my question said another
way.
MS. RAMSEY: I can't give you specifically. I can only give
you -- some generic elements that I've heard is that there were, I
believe -- and you can correct me if I'm wrong here, Buddy -- but I
believe that the home that they owned was up in the Virginia area and
that she divorced her husband and moved here to Naples.
And there might have been some circumstances in other -- in 1
through 4 that may have led to this that there was no real
documentation for other than divorced and displaced, and they might
have made a judgment call based upon some of the information that
was received by them. But without a sheriffs report or something
else, you can't verify that. We can't verify that today.
COMMISSIONER HILLER: I mean, it's such basic -- they're
such basic questions, I just have a hard time understanding how
anyone could make a mistake. Either the answer is yes or no. So
either they disclosed properly or improperly on the application, and it
was either verified or not.
So I guess this goes back to the whole issue of internal controls
over these programs and the lack of them.
MR. OCHS: Yes, ma'am. There was a mistake in this case.
MS. RAMSEY: That's correct.
COMMISSIONER HILLER: And I understand that, but I think
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it's, you know, one we've identified.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Thank you. I'm satisfied with
what I heard here today. We made a mistake. What are we going to
do? Are we going to persecute this lady when it was our mistake that
was made?
With that I make a motion for approval.
COMMISSIONER FIALA: (No verbal response.)
CHAIRMAN COYLE: Okay. Commissioner Coletta makes a
motion for approval, seconded by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: Okay. It passes unanimously.
Is it getting time for your break?
THE COURT REPORTER: Whenever you're ready.
COMMISSIONER COLETTA: Say yes.
COMMISSIONER FIALA: Yes.
CHAIRMAN COYLE: Well, do we have something we can do
in five minutes or so, County Manager? No, I'm not going to do your
humming anymore.
MR. OCHS: I can dance. You don't want me to sing.
CHAIRMAN COYLE: No, okay. We'll take a ten - minute break.
We'll be back here at 4:34.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN COYLE: Well, we'll be able to get through the
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other items very quickly. Can we find another commissioner to join
us?
Where are we going next, County Manager?
Item #13132
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS ADOPTS THE BAYSHORE
BEAUTIFICATION MSTU MASTER PLAN. — APPROVED
MR. OCHS: Commissioner, you're going to Item 13B, the
Community Redevelopment Agency items on your agenda. The first
item is a recommendation that the Board of County Commissioners
adopts the Bayshore Beautification MSTU Master Plan, and these are
companion -- this is a companion item to the following two items, 16
-- excuse me -- 13B2 and 13B3.
COMMISSIONER FIALA: Well, I'll make a motion to approve
the master plan. I sat in on the CRA meeting, and the advisory board
all felt that it was -- they worked hard at it, and they all agreed with it.
So I make a motion to approve.
CHAIRMAN COYLE: Okay. Motion to approve by
Commissioner Fiala.
Is there a second?
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Second by Commissioner Coletta.
Go ahead, Commissioner Henning.
COMMISSIONER HENNING: Yeah. A question for Norm
Feder.
Mr. Feder, have you reviewed, actually, 16 -- or 13B2, the actual
conceptual plan for roadway enhancements?
MR. FEDER: I have not personally. I know staff has looked at
it.
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October 25, 2011
COMMISSIONER HENNING: Okay. Did they review it for
site improvements or site -- line of sight? Because I see some
improvements on Bayshore and U.S. 41.
MR. FEDER: Yeah. I think, as David just pointed out to me, the
one thing that we do do on this is, anywhere he's working on the
county roads, they work with us on standards and issues. So if there's
a site - distance issue, they need to meet site triangles for safety.
COMMISSIONER HENNING: Regardless if the board
approves this or not?
MR. FEDER: You're approving a concept, and if you need that
in your motion, I would obviously want to make sure it's understood
that it needs to be designed consistent --
COMMISSIONER HENNING: Right.
MR. FEDER: -- with county standards and specifications,
specifically safety issues like site triangles.
COMMISSIONER HENNING: Right. I know it calls for
enhancements on the intersection of Thomasson and Bayshore, but it
doesn't particularly point to one particular enhancement.
MR. FEDER: We've got enhancements, very different ones in
very many intersections around town. Again, it would be back to
making sure that the design criterias for safety and operations are
upheld.
COMMISSIONER HENNING: How about functionality? I
mean, if there's a roundabout there, knowing that we have a boat ramp
right down the street, you have -- if you're on Thomasson going east,
in order to make that turn to get onto Bayview with the trailer, if
there's a --
MR. FEDER: You would need to have a roundabout of
sufficient radius to accommodate the towing of a boat, I think, is what
COMMISSIONER HENNING: Yeah. I mean, that's my
concern if we adopt this without -- with the caveat of having those --
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you know, review from transportation staff for functionality and line
of sight, safety issues, then I'm afraid that might be opening ourselves
UP.
MR. JACKSON: Commissioner, if I may. David Jackson,
executive director of the Bayshore /Gateway Triangle CRA. This is
just a plan and three components of the plan. The plan identifies
through the public process certain projects and where they want to go
next, where they want to spend their money next.
Each project will come back, it will be designed, funded and
constructed, and will be brought back through the county policy
procedures, and we will, site by site, be approved.
There is not a thing that we do in the right -of -way without a
right -of -way permit and without Growth Management Division, the
transportation section or right -of -way looking at it and signing off on
it.
So this is just a plan of where we want to go. This is the road
map. But if we were going to do Thomasson Drive, that whole plan
would come to Norm's staff, and they would approve it before it ever
goes bid out to construction. If it was another street, a side street, et
cetera, it's all the same thing.
Each one will be designed, staffed through county staff, approved
that it meets the code or whatever transportation requirements are met
before it's ever bid out for construction to be done.
COMMISSIONER HENNING: Does that include the proposed
enhancements at U.S. 41 and Bayshore?
MR. JACKSON: Those are just conceptual, sir. Those are not --
those are not designed for construction. Those --
COMMISSIONER HENNING: So you're saying it won't impede
the line of sight or functionality of the roadways?
MR. JACKSON: When designed, it will not because Norm
Feder will not let us do that.
COMMISSIONER HENNING: Have you consulted with the
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Sheriff s Department about enhancements and what can be done as far
as lighting and safety?
MR. JACKSON: Sheriff s Office, no, sir, not for that reason.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: Okay. All in favor of the motion, please
signify by saying aye.
COMMISSIONER HILLER: (Absent.)
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: (No verbal response.)
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It passes -- it passes, a vote of 4. I guess
that's unanimous.
Item #13B2
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS ADOPTS THE BAYSHORE
BEAUTIFICATION MSTU IDENTITY DESIGN STUDY -
APPROVED
MR. OCHS: Commissioner, 13B2. We just talked about it, but I
think the motion that Commissioner Fiala made was for 13B 1.
So B2 is a recommendation that the board adopts the Bayshore
Beautification MSTU Identity Design Study.
COMMISSIONER HENNING: I'll make a motion to approve as
long as it meets the design criteria of -- roadway design criteria by
transportation.
MR. JACKSON: Can we add B3 in there, County Manager,
since they're all related to B 1 that was just passed?
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October 25, 2011
COMMISSIONER HENNING: That's my motion.
COMMISSIONER FIALA: Yeah, I'll second your motion.
MR. OCHS: Let's hold off.
CHAIRMAN COYLE: Commissioner Henning, is your -- does
your motion include both B2 and 133?
COMMISSIONER HENNING: No. They're advertised
differently, and I don't see any reason why.
CHAIRMAN COYLE: All right. Then we'll take them one at a
time. It will be B2.
Motion for approval by Commissioner Henning, second by
Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER HILLER: (Absent.)
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It passes unanimously with
Commissioner Hiller being absent.
Item #13133
RECOMMENDATION FOR THE BOARD OF COUNTY
COMMISSIONERS TO ACCEPT THE TERTIARY
STORMWATER SYSTEM IMPROVEMENT PLAN FOR THE
BAYSHORE MSTU AREA AS PRESENTED BY THE COLLIER
COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA)
AND BAYSHORE BEAUTIFICATION MSTU; RECOGNIZING
HOW THE PLAN COMPLEMENTS THE COUNTY' S
SECONDARY SYSTEM PROJECT FOR THE BAYSHORE MSTU
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AREA; AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO PROVIDE SUPPORT TO THE CRA/MSTU
WHERE NEEDED; AND APPROVE CRA STAFF'S APPROACH
TO EXECUTE THE PLAN — APPROVED
MR. OCHS: Item 13B3 is a recommendation for the Board of
County Commissioners to accept the Tertiary Stormwater System
Improvement Plan for the Bayshore MSTU area as presented by the
Collier County Community Redevelopment Agency and the Bayshore
Beautification MSTU, recognizing how the plan complements the
county's secondary system project for the Bayshore MSTU area;
authorize the county manager or designee to provide support to the
CRA MSTU where needed; and approve CRA staff approach to
execute the plan.
CHAIRMAN COYLE: Mr. Jackson?
MR. JACKSON: Yes, sir.
Commissioners, this is a part -- second part of a study that was
started up in the triangle area. It was approved. As a result of that
study in the triangle area, we were able to get a $2.7 million grant to
make improvements for drainage in the area.
So this Part 2 was funded by the MSTU south of 41, and it's to
accomplish the same goals. It's to improve the drainage area. As you
know, we are in the coastal high hazard area and flooding and
drainage is a problem. It's a very old area.
The plan will be project by project, and in there there is a capital
improvement project that, as funding comes along, we'll be able to get
each project designed and funded and constructed, and those will all
go through the county process again, as the others will.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: And that includes permitting for
culverts?
MR. JACKSON: Yes, sir.
October 25, 2011
COMMISSIONER HENNING: Okay. Are you proposing that
the MSTU maintain it until -- like we do similar to what we're doing
with landscaping? In other words, if we have an MSTU or a developer
that wants to make those improvements to roadways, that they will
maintain it until the county has the funding to take over the
maintenance of it?
MR. JACKSON: The -- who will maintain each project will be
project by project. There are some items that I foresee will be
maintained by the MSTU. There are some projects that may be done
by the developer, and there may be some more regional projects that
we will fund that the stormwater division may end up maintaining
because it's their project, but we provide the funding to expedite the
process.
So I can't say every case it will be MSTU, the developer, or the
county. It will be case by case.
COMMISSIONER HENNING: Yeah. I guess my only concern
is we have limited resources and, really, we have no recommendations
from our staff, from the county staff. This is an MSTU, and you're
standing there as the CRA and the manager for the MSTU, but the
overall -- the maintenance of it is going to be -- and we don't know
what is going to be maintained by the county and if they have
sufficient enough funds.
MR. JACKSON: Yes, sir, and that will be as each project is
designed. We sit with county staff, the Growth Management Division,
whether it's stormwater or transportation, and we come to an
agreement on what we will do and what they will do. We don't move
forward without county -staff support. They will sign off on whether
they can maintain it or not, and we make those agreements every day.
Norm?
CHAIRMAN COYLE: Motion to approve.
COMMISSIONER FIALA: Second.
COMMISSIONER COLETTA: Second.
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October 25, 2011
CHAIRMAN COYLE: Second by Commissioner Fiala.
COMMISSIONER HENNING: I'm not done. I'm not complete.
CHAIRMAN COYLE: Go ahead and ask your questions.
COMMISSIONER HENNING: Yeah. The -- how can you have
agreements about spending funds without the board's approval?
MR. FEDER: For the record, Norman Feder, Growth
Management administrator. We are involved in drainage countywide
COMMISSIONER HENNING: Right.
MR. FEDER: -- obviously. And in this area they're coming
forward with plans and items, as they did in the Gateway Triangle
area, to try and do some work on the tertiary system. That's helpful to
the system. It will actually go in and do some maintenance where
swales have been allowed to degrigate in areas where swales weren't
sufficient, make them sufficient, get the right elevations, work with
driveway, culverts, and other issues.
All that is very positive. It doesn't add to our maintenance
requirements. Actually it assists our maintenance.
COMMISSIONER HENNING: Oh, okay.
MR. FEDER: And so we would see that as a positive item.
COMMISSIONER HENNING: It is positive, very positive.
MR. FEDER: Yes.
COMMISSIONER HENNING: That's an older neighborhood,
like we have in many different areas of the county.
MR. FEDER: And it helps fund it through the CRA or MSTU --
COMMISSIONER HENNING: And if it doesn't add any extra
maintenance costs for you, that's great. You've answered my question.
MR. FEDER: And if there are some, then we would work out on
a project by project, but overall it would not. Thank you.
CHAIRMAN COYLE: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Yeah. With respect to --I'm just
looking for the sheet. Actually, while I'm looking, you could actually
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probably pull it up faster than me. The total budget for this MSTU
master plan, can you go ahead and present that?
MR. JACKSON: Are you talking about the Capital Improvement
Plan, ma'am, in the appendix?
COMMISSIONER HILLER: Well, we're -- are we doing B I?
CHAIRMAN COYLE: No.
COMMISSIONER HILLER: I'm sorry.
COMMISSIONER HENNING: No B3.
COMMISSIONER HILLER:
I was looking at the wrong one.
Oh, B3. My mistake. I apologize.
CHAIRMAN COYLE: Okay. All in favor, please signify by
saying aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: Okay. It passes unanimously.
Item #13B4
RECOMMENDATION THAT THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) ADOPTS THE GATEWAY
TRIANGLE CRA STREETSCAPE GUIDELINES — APPROVED
CHAIRMAN COYLE: That brings us to 13134.
MR. OCHS: Yes, sir. That's a recommendation that the
Community Redevelopment Agency adopts the Gateway Triangle
CRA streetscape guidelines.
MR. JACKSON: This is a CRA item, Commissioner Coyle.
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October 25, 2011
MR. OCHS: You want to --
MR. JACKSON: This is a CRA item.
CHAIRMAN COYLE: Oh, yes, that's right. Okay. I'll turn the
gavel over to the CRA chairman.
CHAIRMAN COLETTA: Please continue.
MR. JACKSON: David Jackson, executive director,
Bayshore /Gateway Triangle CRA.
This item before you is a streetscape guidelines. Again, the
operable word here is "guidelines." It is an opportunity for the CRA
to approach all of the residences and businesses in the area and find
out, what do they want to do with their neighborhood. What do they
want to be when they grow up? What will it look like? And it's a
point of departure where we start the conversation.
And, again, in the plan it just -- if it's adopted by the board, the
CRA board, we can go forward and look for grant funding or as we --
as funding becomes available, we will do project by project. What we
want to do is street by street. We don't want to do parcel by parcel
because it's too hard to do, and you don't -- with continuity (sic).
So we're requesting a motion to approve -- to adopt the Gateway
Triangle in District 1 streetscape guidelines.
COMMISSIONER COLETTA: Commissioner Henning, I
believe you might have some questions.
COMMISSIONER HENNING: Uh -uh.
COMMISSIONER COYLE: Okay.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER COYLE: Okay. Motion to -- sorry. You do
this, you do this. Go ahead, go ahead.
CHAIRMAN COLETTA: We have a motion to approve by
Commissioner Fiala.
COMMISSIONER COYLE: I'll second it.
CHAIRMAN COLETTA: And we have a second by
Commissioner Coyle.
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October 25, 2011
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And ayes have it 5 -0. Thank you.
CHAIRMAN COYLE: Okay. Now the Board of County
Commission meeting is back in session.
MR. OCHS: Thank you, sir.
Item #13135
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS APPROVED THE TRANSFER OF
ADMINISTRATIVE AND MANAGEMENT DUTIES FOR THE
IMMOKALEE BEAUTIFICATION MUNICIPAL SERVICE
TAXING UNIT FROM GROWTH MANAGEMENT STAFF TO
IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY
(CRA) STAFF TO BECOME EFFECTIVE OCTOBER 1, 2011;
DIRECT THE BUDGET OFFICE TO DISCONTINUE THE
ANNUAL TRANSFER OF FUNDS FROM THE IMMOKALEE
BEAUTIFICATION MSTU (FUND 162) TO THE MSTD
GENERAL FUND (FUND 111), AND THAT THE COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS, ACTING AS
THE COMMUNITY REDEVELOPMENT AGENCY AUTHORIZE
THE CREATION OF A FULL TIME EMPLOYEE POSITION
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October 25, 2011
(MSTU PROJECT MANAGER) FOR FY 12; AUTHORIZE THE
EXECUTIVE DIRECTOR TO ADVERTISE THE POSITION; HIRE
A QUALIFIED APPLICANT; AND APPROVE NECESSARY
BUDGET AMENDMENT — APPROVED
MR. OCHS: The next item is Item 13135. It was previously
16133. It's a --
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: I pulled that, yeah.
MR. OCHS: Okay. At Commissioner Henning's request.
COMMISSIONER HENNING: Yeah. And I -- I know you try
to do a good job with the limited funds that you have. My observation
was that staff was performing this duty, that, you know, managed the
MSTU beautification in Immokalee for 33,000. That includes the --
all the -- you know, the vehicle and all the other stuff that the
employee has.
I'm hoping that you can tell us there's going to be twice or more
duties for this new position you're creating.
MS. PHILLIPPI: Yes, sir. For the record, my name is Penny
Phillippi, and I'm the director of the CRA in Immokalee. And this is
really a really exciting opportunity for Immokalee, because the
community came to the CRA -- the MSTU advisory board and said,
you know, we really want to be in on the planning for Immokalee.
We really want someone 40 hours on the ground. We really want to
be able to pool our funds. You know, they recently expanded the area
to include the CRA area.
And I believe they won't only do what they're currently doing,
but I think that they'll be able to, with 100 percent of their efforts
concentrated on the MSTU, be able to do much more than they're
doing.
As you know, I can give you a really quick little example with
the Immokalee business development center. Nine months ago when
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October 25, 2011
we got a full -time person on board, even though they're grant funded,
we started leveraging dollars against the small amount of dollars that
we had.
In these nine months they've trained 169 people on how to write
-- how to write their business plan, how to manage their money on and
on, and five new businesses have been created. And I think that's a
good example of when you have one person who can concentrate 100
percent of their energies in an area, you know, toward a specific
purpose that you can be much more successful.
And we really believe that the MSTU partnering this closely with
the CRA and having someone on the ground 40 hours a week, that we
really can accomplish a lot more than we're currently accomplishing.
COMMISSIONER HENNING: I'm sorry. What's the extra
duties that they're going to be doing that the present management
wasn't doing?
MS. PHILLIPPI: Well, for example, we really need someone to
start -- we haven't had a grant leveraged against the MSTU dollars in
four years. We need someone to start writing grants for MSTU to
accompany us.
You know, we have three and a half million on our stormwater
project, and we just recently got another 2.1 million. And we need to
augment that. And with MSTU as partnering, we can garner a whole
lot more kinds of funds that we need to address stormwater and
sidewalks. All the infrastructure that's missing, our interior streets;
those kinds of things are what we're talking about. So that will be one
of the jobs.
And one of -- the other job will be to manage all of the current
contracts that are, right now, the people who do the landscaping or
who do the maintenance work and to coordinate the planning efforts
with the rest of the community and the CRA so that we're not
segmented and disjointed in what we're trying to put forward as a
community in Immokalee.
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October 25, 2011
COMMISSIONER HENNING: Is the -- County Manager, this
new position, do you have to come back to the Board of
Commissioners to give the position and the duties?
MR. OCHS: Well, Commissioner, it being a CRA position, that
would be --
COMMISSIONER HENNING: No, this is MSTU.
MR. OCHS: Oh, yeah, for MSTU, yes, sir. If it's not a new job
title, we'd have to come back with a new job description. And if
you're adding -- you know, if you give authorization to add this
position, then we'll insert it in the pay plan and put it on a subsequent
agenda.
COMMISSIONER HENNING: Can we have some more details
of what this person is going to be doing? Because -- and I know that
the Immokalee people want more -- a person on the ground. I
understand that. But let's justify it. Can you agree with that?
MS. PHILLIPPI: The job is a project manager. And to detail out
all of their specific duties would -- if that would be helpful, we could
certainly do that.
COMMISSIONER HENNING: Thanks. The next thing, if
they're going to be doing -- the MSTU's going to be looking at doing
stormwater and other things, does the -- I guess, can you work with
the county attorney to see if the ordinance needs to be changed of the
duties of the MSTU?
MS. PHILLIPPI: That has already occurred. We expand -- when
we expand it -- when the MSTU expanded their area to include the
entire CRA, they also added stormwater and sidewalks to their duties
COMMISSIONER HENNING: All the things that you want this
person to do is in there?
MS. PHILLIPPI: Yes, that's correct.
COMMISSIONER HENNING: Okay, thank you.
MS. PHILLIPPI: And if I'm not mistaken -- Jeff, probably you
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October 25, 2011
could help us with this. I believe that this would be a CRA staff
person, and that's the next piece of the ordinance that's at the end of
the agenda in 17 -- what is our last item, 17 -- it has a companion item.
COMMISSIONER HENNING: Oh, yes.
CHAIRMAN COYLE: 17B.
MS. PHILLIPPI: 17B. So I believe that --
COMMISSIONER HENNING: And that's right.
MS. PHILLIPPI: -- the changes to the ordinance would address
that.
COMMISSIONER HENNING: Yep. Thank you.
MS. PHILLIPPI: Okay.
CHAIRMAN COYLE: Commissioner Coletta? How many
public speakers?
COMMISSIONER COLETTA: No. Commissioner Hiller was
next.
MR. MITCHELL: Sir, we just have one speaker.
CHAIRMAN COYLE: She's not here.
MS. PHILLIPPI: She's here.
COMMISSIONER COLETTA: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. Motion to approve by
Commissioner Coletta, second by Commissioner --
COMMISSIONER HENNING: Speaker.
MR. MITCHELL: Sir, we have a speaker.
CHAIRMAN COYLE: How many? One?
MR. MITCHELL: Sir, just one.
CHAIRMAN COYLE: Okay. Let's get the speaker up here.
COMMISSIONER HENNING: Take your time. He wants to
rush it.
MR. MITCHELL: Cherryle Thomas.
MS. THOMAS: I'm Cherryle Thomas. I'm presently the
chairman of the Immokalee MSTU. I have been on this committee for
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October 25, 2011
20 years of my time, even longer than my permanent job.
I would like for you to know that the community of Immokalee is
in 100 percent agreement with joining the CRA for various reasons.
We want a person on board in Immokalee that we could put our hands
on on a daily basis of our problems and concerns.
We want a permanent place that these people can come to to
announce their problems or solutions or whatever. And we already
have an office, we already have furniture, so we don't have this
furniture.
We will delete a secretary, because the new person that you will
hire, hopefully for us on a 40 hour basis, will take up the commitment
with this. We can combine grants and funds. But Immokalee MSTU
and the CRA can make a proactive decision on future projects
together, the concerns of only Immokalee.
So will you please look into the venture of hiring this person for
us?
COMMISSIONER HENNING: I'm in favor -- I'm in favor of it.
MS. THOMAS: Thank you. All right.
CHAIRMAN COYLE: Okay. All in favor of the motion, please
signify by saying aye.
COMMISSIONER HILLER: (Absent.)
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It passed unanimously with
Commissioner Hiller being absent.
MR. OCHS: Okay.
Item #14
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October 25, 2011
PUBLIC COMMENTS ON GENERAL TOPICS — FLOYD CREWS,
PAM BROWN, CHRIS KULPA, STEVE FLETCHER, MARVIN
COURTRIGHT, DOUG FEE — MOTION FOR THE AIRPORT
DIRECTOR TO REINSTATE MR. FLETCHER' S PRIVILEGES
ALLOWING HIM ACCESS ACROSS AIRPORT PROPERTY
NECESSARY TO ACCESS HIS BUSINESS OPERATIONS WITH
NO ESCORT. MR. FLETCHER MUST ALSO ATTEMPT TO
CONTACT AIRPORT PERSONAL TO INFORM THEM THAT HE
WILL BE ACCESSING THE AIRPORT, THE RULES AND
REGULATIONS ARE AVAILABLE IN THE AIRPORT OFFICE —
APPROVED
CHAIRMAN COYLE:
comments on general topics.
MR. OCHS: Yes, sir.
CHAIRMAN COYLE:
did we?
Okay. That brings us to public
We didn't skip anything along the line,
MR. OCHS: No, sir.
CHAIRMAN COYLE: Okay. How many public comments do
we have on general comments?
MR. MITCHELL: Sir, we have six people wanting to speak.
CHAIRMAN COYLE: Okay, good. Let's call them.
MR. MITCHELL: The first -- the first speaker will be Floyd
Crews.
MS. KULPA: He's getting his notes ready.
CHAIRMAN COYLE: Okay. Call somebody else.
MR. MITCHELL: The second speaker is Pam Brown.
MS. KULPA: And I think she's getting her notes also.
MR. MITCHELL: The third speaker is Kris Kulpa.
CHAIRMAN COYLE: We'll take Floyd now.
MR. MITCHELL: Oh. Your first speaker is Floyd Crews.
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October 25, 2011
MR. CREWS: My name is Floyd Crews, and I am from
Immokalee. I get all the complaints and everything that comes my
way. And I think one of -- the biggest complaint that I have -- and I'm
going to speak just generally, because there's other people going to
speak -- that you all decided to take the old airport board and make
you -all the airport board now. And I don't think any of you -all are
outside addressing what the people are really thinking about the
airport at Immokalee.
I know we have a world of tenants that are terribly upset with the
way they have been scrutinized and treated.
We can go on and on and on on these things, and I think that
Steve Fletcher has been unfairly treated. I think when it says that
somebody could have stopped him to find out, that chased him -- it
takes 20 second for me to go through the gate to open the gate at
Immokalee airport. I don't know how anybody can say that Steve and
them were trying to elude the -- supposedly whoever was trying to
catch him.
Now, as far as those blinking lights, they ride all over town with
blinking lights on half the time.
Steve has worked on airports all over the place. Never had a
complaint that I know of
And the next thing you all need to realize that -- when you start
talking about economics, is the economics that he provides not only to
Collier County but to the people all over the United States in trying to
keep the price of citrus down. Because whenever the citrus growers'
costs goes up, then you're going to find that the price of orange juice
will go up in the store.
I got a whole page of stuff that I was going to tell you, but I'm
going to quit right there.
CHAIRMAN COYLE: Okay, thank you.
MR. CREWS: And any time one of you -all or any of you -all
want to come over and see me, that's fine. And just like I told Mr.
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Coletta a while ago, I just kind of think that they made just about the
same tour that I took him on.
Ms. Penny Phillippi, who was sitting right there, she'll tell you
that I've taken her on the same tour, that it's not a real big thing to
drive on the airport, because in order to get to the end of this airport,
you've got to drive down the taxiway and go down part of the runway
to see what the end of the airport looks like.
For years the FFA (sic) had a gate at the end of this airport. Now
all of a sudden we've got all these great changes. No notices, no signs.
Come on, something's the matter here.
Thank you all.
MR. MITCHELL: The next speaker will be Pam Brown.
MS. BROWN: Good afternoon, Commissioners. My name is
Pam Brown. My family's one of the pioneer families in Immokalee,
so I've been here all my life. My father was a farmer and a rancher
there in the community.
I don't know if you all know this, but Collier County is No. 8 in
crop production in Florida.
In November of 2011, Florida Trend Magazine reports that 40
percent of the tomatoes for the United States is produced in Florida.
And I notice that one of our mottos here is to strive to be the best
community in America to live, work, and play.
Mr. Fletcher has been in the crop dusting business at the
Immokalee airport for 34 years. He is well respected in the citrus and
agricultural community, as well as having an on call contract to work
fires out west as close as helping Golden Gate with fires that were
here this past year.
Commissioner Hiller or any other commissioner has the right to
question issues out of their district that concern spending taxpayers'
money at local, state, or federal levels.
This is an uncontrolled airport. There is no good signage at the
airport. Even the stop signs are faded out as you go from the hangars.
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There is no consistency for lease agreements at the airport at this
time. There are no airport police. The people that had the lights on
were maintenance people there.
Mr. Fletcher, his flying service has been imperative to the citrus
industry, and he is being penalized by not being able to go across the
airport to get his plane out of a hangar that he uses to fight fires.
I'm asking that the commission rescind the decision that the
airport manager made and allow Mr. Fletcher to operate on airport
property without restrictions. Please consider rescinding this decision.
Thank you.
MR. MITCHELL: The next speaker, Kristina Kulpa.
MS. KULPA: Good afternoon. My name is Kristina Kulpa, and
I'm speaking here on behalf of Steve Fletcher and Fletcher Flying
Service.
I'm here to let you know that there is a situation there at the
airport, which probably you're aware of and that everyone is talking
about, of course, and where the maintenance crew of the airport was in
pursuit of some vehicle that was there with Steve in the back seat, and
they eluded the county people and went off the county property and
then were called by the Sheriffs Office to be stopped.
And then, you know, I was concerned about the county vehicles
and the county employees. What kind of authority and right do they
have to pursue someone, especially off of airport property, and if they
thought maybe they were terrorists and maybe -- if they thought Steve
was kidnapped and there might be some hijacking or something like
that, I could understand the importance.
But at what point do county -- county employees, with a
cautionary light, towing a trailer behind a truck, pursuing someone
who is -- has permission to be on the airport -- and not only him but
probably everyone in the car did. You know, what is happening here
that Mr. Fletcher is being singled out? To me it looks like he's being
harassed and bullied by airport personnel.
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And there's even the comment here with this decision to revoke
his driving privileges there. I don't know if you're aware that he has
been working there for over thirty -- or roughly 34 years, and right
now his -- one of his airplanes is in a hangar across the airport, and he
cannot get to it, and he's -- his business isn't (sic) being inhibited here
and he's not being able to do his work and losing thousands of dollars,
you know, every day because of this decision on -- the airport director
apparently made this decision or the -- Mr. Vergo.
To me there was -- no one was asked, you know, their side of the
story. Was anybody given any permission to say what they were
doing there or why, and why was this done in such haste without
anyone knowing, you know, was this person legitimately, yes, was he
breaking any laws, no.
And I believe my time is up. But anyway, I'm here in favor of
Mr. Fletcher.
MR. MITCHELL: No, you've still got 48 seconds.
MS. KULPA: Forty -eight seconds, okay.
And so I'm here, you know, letting you know that you need to
look further into this issue. You need to find out from the other
people what was going on. Were there any laws broken, you know,
ask their opinion, were they speeding? No, they weren't speeding.
There was no speeding, you know, signs on taxiways. They always
operate safely.
So what is going on here? I want you to look a little deeper.
What is happening at the airport here when most of the tenants have
already left? You know, through the last year you'll see a half dozen
or more tenants that have left the area, left the airport, because of the
way they're being treated there. They're not being treated
professionally and with courtesy and friendly as customers. They're
really being singled out and being attacked.
CHAIRMAN COYLE: You said that all of the people in the car
were authorized to be on the airport?
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October 25, 2011
MS. KULPA: You know, I don't know who's authorized. Steve's
authorized to be at the airport. This is what I'm gathering by the --
CHAIRMAN COYLE: Did you know who was in the car?
MS. KULPA: No, I don't. I wasn't there. I just know that there
was one person -- that Steve was there as an airport tenant, and this is
what they're telling me in this document.
CHAIRMAN COYLE: I see. Thank you.
COMMISSIONER FIALA: Who's telling?
MS. KULPA: Mr. Curry.
COMMISSIONER FIALA: Oh.
MS. KULPA: This is a document that is -- I think it's the
reprimand or revocation of driving privileges. Well, I would love for
you to have a copy of this. And this is where it says this information.
CHAIRMAN COYLE: I'm not going to debate the issue with
you, but the reason I was asking the question is, you're referring to a
document and you're saying it's wrong, it's unfair, but you really don't
seem to know the circumstances that occurred.
MS. KULPA: No. Well, I know the other side of the story from
Steve Fletcher.
CHAIRMAN COYLE: Oh, I see.
MS. KULPA: They were not speeding. There were no stop
signs. There are no speed limits on the taxiways. There are no stop
signs on taxiways. And did anyone ask him his side of the story? All
you're going by is a couple of personnel that were there in pursuit of
someone, and I don't know. Like I said, maybe they thought they were
a terrorist or something on the airport that they felt they had to leave
county property and pursue this car.
Nobody asked the other side of the story, and here's a reprimand
and a revocation for driving privileges. But did anybody ask the other
side the other opinion? You know, why was this done in such haste?
And I'm asking the same thing, for this to be rescinded and this
taken away, because I don't think that there was anything --
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October 25, 2011
CHAIRMAN COYLE: Okay. Well, I -- okay. Thank you very
much. I, you know --
MR. MITCHELL: Sir, the next speaker is Steve Fletcher.
MR. FLETCHER: Commissioners, thank you.
My name's Steve Fletcher, and I've been at the airport for about
34 years. And during that 34 years, previous to that, 33 years I never
even had even a verbal reprimand at the airport with all the other
airport managers that you've had. In the last year I've had three, and I
think they're being a little harsh.
I operate airplanes all over the United States. We're the only
carded OAS airplanes east of the Mississippi River to do firefighting.
I did your firefighting on your slope fire at the Golden Gate here.
And so it's -- all of sudden I'm in trouble at the airport over the
last year. I think it's the management. I think you've got some
problems there. And I just don't know what to tell you, but it's really
impacting my business a lot on this.
I've got one airplane I can't get to. I asked Mr. Curry the other
day how I could get to the airplane. He said he didn't know; wasn't his
problem. And I've had to lease an airplane now that I'm paying about
$1,600 a flight hour for to take up the slack for that airplane. They're
awful expensive big airplanes, and one's stuck in a hangar I can't get
out.
And I need my driving privileges back to operate on the airport.
I'm in the crosshairs, according to the letter. The next infraction
they're going to kick me off the airport. I've been there 34 years, and
I'm a businessman. I've got six people that depend on me for a
paycheck. And I've never caused any problems.
And as far as the FAA goes, I know the FAA regulations, and
I've got over 30,000 hours. I've never had anything -- anything
happen. We've had accidents, but, of course, they were never pilot
error accidents, and I've never had a violation from the FAA.
And so I'd like the privileges back to be able to drive on the
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October 25, 2011
airport. It's really impacting my business really bad. And I was never
asked my side of the story, just kicked off the airport, basically, and I
think that's coming.
Thank you.
MR. MITCHELL: The next speaker is Marvin Cartright --
Courtright.
MR. COURTRIGHT: As -- pardon. Marvin Courtright, citizen,
airport.
As Mr. Fletcher commented, he's been there so many years, I feel
like we're family. I, like him, have been there many, many years;
there and Naples and everywhere else.
The situation has gotten to the point to where I've been here
probably more than anyone else addressing airport problems,
specifically the Immokalee airport and specifically the management
and the direction and the treatment of businesses on the airport.
We used to have a waiting list of over eight to ten people waiting
for a T- hangar. Now we've got eight empty T- hangars. Why? Why
did this happen to him?
I stood here and asked Mr. Klatzkow how it was possible to
produce a document to go out and pick berries on the airport but we
couldn't come, in over nine months, with a contract to assist in Mr.
Greg Sheppard continuing with his operation, and now we still have
more people without contracts.
I -- personally, I can survive one way or the other, but we're
really not being fair to the people on the airport and to our community.
And this man, in particular, you've got to realize the entire
agricultural community depends on him. As it was said, there's
something wrong. Please look into it.
MR. MITCHELL: The next speaker, and also the last speaker, is
Doug Fee.
MR. FEE: Good evening, Commissioners. For the record, my
name is Doug Fee. I live up in the Wiggins Pass area, and I'll be as
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October 25, 2011
quick as I can here.
I have two public comments. First one is I have obviously
followed the Wiggins Pass inlet for many years. And in the last 18
months the county has embarked on having a subcommittee
underneath the Coastal Advisory Committee for Wiggins Pass. There
have been several scheduled meetings, and those meetings have been
canceled.
I watched the last Coastal Advisory Council meeting, and I am
not sure when they will be meeting again. I kind of got where they
weren't going to have any more meetings. And as a person who has
followed this issue, I just wanted to find out, what is the goal of that
committee? Is it still there? What's happening on Wiggins Pass?
The second thing I'd like to talk about, on the visualizer in the
middle of the page is a roadway that has not been built. It's called
Veterans Memorial Boulevard. It is a roadway that runs from 41 over
to Livingston and, in the future, may extend out to 951 if that was ever
built.
It parallels Immokalee Road and Bonita Beach Road. It is a
roadway in my area, in our area, that will be significant in transporting
people and -- whenever it is built, okay.
I went to the MPO last Friday. Some of you heard my
comments; others did not. I'd like to express concern that that road be
built sooner than later. And the reason being -- there's several reasons.
One is you have a fire and EMS located in Bonita Shores, which is in
the northwest corner. You also have a fire district or fire station in
Veterans Park. You have a proposed fire station on Livingston Road.
Right now from an emergency standpoint -- I'm not sure what the
time is to respond to some of these north communities. I have spoken
to the fire district; I've spoken to the EMS; I have spoken to the school
district. You have students who live in the northwest corner who have
to travel to Veterans North Naples Middle, and they're on the bus
about 40 minutes making it to that school. If Veterans Memorial
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October 25, 2011
Boulevard were to be built in the middle of these two major roads, it
would significantly impact the area from a safety -- from the school
district.
The mayor of Bonita Springs, who I spoke to last Friday, he has
expressed concerns. Obviously it's in Collier County. It's not in
Bonita Springs, but it will have significance.
And so I just want to mention that. I'm going to try to work with
the other governmental agencies to get some resolutions or some
comments back from them, but those are my comments.
And Happy Thanksgiving -- or Happy Halloween. And I did
want to say to Mrs. Thomas, thank you for volunteering for 20 years
for Immokalee. She's very passionate, and it's very good to see.
Thank you very much.
CHAIRMAN COYLE: Are we -- we're finished with public
speakers.
MR. MITCHELL: Sir, that was your last speaker.
CHAIRMAN COYLE: Yeah, okay. Turn off the light so I don't
get confused.
COMMISSIONER FIALA: I was the third one, so --
CHAIRMAN COYLE: You're the third.
Commissioner Henning, you wanted to go?
COMMISSIONER HENNING: Yeah. I -- Pam Brown is a fire
commissioner in Immokalee, and we do speak on fire county related
issues. She felt the need to call me about Mr. Fletcher's -- what has
happened. And what I understand, he has his plane in a hangar across
from the runway that he's not able to get at.
So I emailed Mr. Curry on what his resolution is for Mr. Fletcher
to get his airplane on the other side of the airport. And what's
disturbing is, we fail to recognize that we only have one crop duster in
Collier County; thousands of acres in agricultural. I think the farmers
are -- have heavy government burdens, and now we have another one
where the man can't get to his airplane.
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October 25, 2011
The suggestion was, well, that hangar is not owned by Mr.
Fletcher; therefore, we do have a hangar available. I don't see
government as the answer to this problem.
MR. FLETCHER: It won't fit in that hangar they have available.
My planes are too big.
COMMISSIONER HENNING: Yeah. Well, that's more
information. It sounds like there -- like you said, there is a lack of
communication.
I want to rescind that. I want Mr. Fletcher to be able to get to his
airplane that he's doing business with. I feel that it is far - reaching for
anybody to not consider the circumstances, and these circumstances
wasn't considered.
Damned be government and damned be business. And I -- I want
to -- Mr. Fletcher to stay at Immokalee airport, and I want him to be
able to get at his equipment to do his job.
CHAIRMAN COYLE: Okay. Well -- yeah. I think you're right,
we need to get at the circumstances.
Mr. Fletcher, would you mind coming back up for a moment,
please.
MR. FLETCHER: Yeah, sure, not at all.
CHAIRMAN COYLE: You have an access code, don't you --
MR. FLETCHER: Yes, sir.
CHAIRMAN COYLE: -- to the airport?
MR. FLETCHER: Yes, sir.
CHAIRMAN COYLE: Do any of the commissioners have an
access code to the airport that you know of?
MR. FLETCHER: I don't know. I don't have --
CHAIRMAN COYLE: General public doesn't have an access
code, do they?
MR. FLETCHER: Pretty much about -- to tell you the truth,
about half of the people in Immokalee have that access code because
they come on Friday nights and Saturday nights and Sunday nights
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October 25, 2011
and buy gas for their airplane boats. So the access code is no secret.
CHAIRMAN COYLE: Well, I think that's something we need to
change. You know, I've been flying for 55 years.
MR. FLETCHER: Yes, sir.
CHAIRMAN COYLE: And I understand what airport security is
all about. You've got an access code. There's a sign that says
"authorized vehicles only."
MR. FLETCHER: Yes, sir.
CHAIRMAN COYLE: Your vehicles are authorized.
MR. FLETCHER: Yes, sir.
CHAIRMAN COYLE: The vehicle that Tim Nance was driving
is not authorized, right?
MR. FLETCHER: I suppose that's up to -- I don't know the
answer to that.
COMMISSIONER HILLER: You know what, can I make a
suggestion? You've got your attorney here. I think your attorney
should be present because, you know, she needs to guide you on how
to properly answer the questions because Mr. -- Commissioner Coyle
is trying to set you up.
CHAIRMAN COYLE: I'm really not. I'm trying to get at the
facts.
COMMISSIONER HENNING: Let's find --
MS. CARBONELL: I'm Terry --
COMMISSIONER HENNING: --solutions.
CHAIRMAN COYLE: Let's --
THE COURT REPORTER: I'm sorry. What was your name?
CHAIRMAN COYLE: Just a moment.
MS. CARBONELL: Terry Carbonell, for the record.
CHAIRMAN COYLE: Okay. Who were the people in the car
with you?
MS. CARBONELL: I've advised Mr. Fletcher not to answer any
questions regarding the October 3rd incident because there was a
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October 25, 2011
criminal investigation that was going on that we're aware of, and there
were statements that the airport personnel were going to prosecute all
the occupants of the car, and I have advised Mr. Fletcher not to answer
any questions while there's a pending criminal investigation.
CHAIRMAN COYLE: So he can't answer any questions at all?
MS. CARBONELL: I would prefer that he do not answer any
questions about that specific incident. If you'd like to address
questions regarding his business operations at the airport, I can tell
you that he does routinely drive down that taxiway because it is the
only way that he can access his aircraft in that other hangar that's used
to house that aircraft.
CHAIRMAN COYLE: I think you've told me everything I need
to know. You're not going to answer any questions.
MS. CARBONELL: No, we're not going to answer any
questions regarding that particular incident as long as there's a
criminal investigation that's pending.
CHAIRMAN COYLE: Okay. Then if there's a criminal
investigation pending, why are we sitting here considering dismissing
this whole issue?
MS. CARBONELL: This isn't a question of -- you've basically
had an airport executive director who's issued, I think -- like
Commissioner Henning said, you know, he's issued a ruling without
considering all of the consequences.
We went into a meeting with Mr. Curry. You know, I was asking
Mr. Curry questions. He said he didn't have to answer my questions.
He attempted to question Mr. Fletcher about the October 3rd incident,
and basically it went nowhere. He had no intention of doing anything
but suspending his driving privileges from the beginning of that
meeting. So there really wasn't a point in him asking Mr. Fletcher
questions.
The other incidents that he had addressed that were the violations
of airport regulations, one was supposed to be back in February where
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October 25, 2011
a truck crossed the runway. Mr. Fletcher wasn't there. It was a
delivery company.
Mr. Fletcher called the delivery company; he admonished them;
he told them about proper airport procedures; there was no other
incidents with that delivery company.
There was another alleged incident in August with an unknown,
unnamed delivery company. That was brought to Mr. Fletcher's
attention. He called all of his chemical delivery companies. He,
again, admonished them about airport procedures and said, you know,
to follow the proper airport procedures, and there haven't been any
more incidents.
If the issue is that there's chemical companies that are accessing
the airport that they don't want, the airport personnel can change the
gate codes and make themselves available to escort vehicles on or off
the airport, if they're talking about guests or invitees.
But to suspend Mr. Fletcher's personal driving privileges for
himself and his employees to access his equipment and to run his
business is far in excess of what needs to happen for airport security.
I think it's a knee jerk reaction. I think for some reason -- and I
can't tell you what the reason -- but I believe that Mr. Fletcher's been
targeted unfairly in this.
And I know that -- I'm a pilot as well. I fly out of LaBelle. And I
can tell you with great certainty that we have all of your tenants up in
LaBelle. There's not a single hangar that is open in LaBelle because
the Immokalee tenants have come up there. We have all of your
glider operations and we have many of your private pilots. I've
spoken with a couple others who've moved down to Naples.
And you have a problem with your airport management. I don't
know what it is. I can't tell you what it is, but what I can tell you, that
it has unfairly impacted Mr. Fletcher's business.
CHAIRMAN COYLE: Are you finished?
MS. CARBONELL: Yes, sir.
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October 25, 2011
CHAIRMAN COYLE: Thank you. So you have gotten all of
the facts but we can't get all of the facts because you're not going to
answer any questions, so it leaves us with a dilemma. How do we
dismiss this case if we can't get all the facts?
MS. CARBONELL: Well --
CHAIRMAN COYLE: So -- no, it's okay.
MS. CARBONELL: Well, I have a good answer for that
question. Your investigation of the facts has been limited to your
personnel and the people providing you information.
CHAIRMAN COYLE: No, no --
MS. CARBONELL: I don't have any information.
CHAIRMAN COYLE: -- that's not true. I'm trying to get facts
right now, okay. Now, I know who was in the car. It's no secret.
Everybody in the whole county knows who was in the car.
MS. CARBONELL: Well, then why are you asking the
questions?
CHAIRMAN COYLE: I just wondered if you were going to be
honest with us.
MS. CARBONELL: Oh, I am honest with you, and Mr.
Fletcher's honest. He's not answering the question as long as there's a
pending criminal investigation.
CHAIRMAN COYLE: Good, okay, then --
MS. CAR13ONELL: There's -- as I said, there's other ways of
resolving this issue. If you wanted to have a fair hearing and get to
the bottom of the problem, then have a hearing. But for one man to
unilaterally just impose this regulation -- and it's basically -- it's not
taking him completely out of business, but it's certainly hampering,
you know, the only agricultural operation that you have in the county.
You have a lot of -- you have a heavy spraying season coming up
in November, and you've hampered this man's ability to provide
service to your constituents, to your members of your community.
And, you know, if you want to investigate the matter and have an --
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October 25, 2011
you know, an open and honest hearing, that's fine. But what we're
asking to do, and the consideration that Mr. Curry did not take, is just
telling Mr. Fletcher it's not his problem that he can't get to his airplane,
and that needs to be resolved. He needs to be able to function as a
business. He's paying rent as a tenant, and he needs to be able to
operate his business as a tenant should be allowed to be on that airport.
CHAIRMAN COYLE: Okay. Thank you very much. But we're
still left with the same dilemma.
COMMISSIONER HENNING: Well, we've got other
commissioners who maybe can help you.
CHAIRMAN COYLE: Well, I'll get to those other
commissioners. They have their lights on right now.
But the thing we need to understand is why wouldn't -- would an
airport tenant bring onto the airport an unauthorized vehicle, a driver
who doesn't have regular access to the airport, and two guests, one a
county commissioner and one a person who is heavily involved in the
campaign of Mr. Nance, who was the driver. Why did you -- would
you do that? Why wouldn't you take your own vehicle and show
those people around? It would have been an authorized vehicle.
You are authorized to go in there, but you're also responsible for
the actions of the people who are with you.
MR. FLETCHER: I understand that.
CHAIRMAN COYLE: Okay. And in this case something went
wrong, and it shouldn't have happened, and you were responsible for
that because you were in the back seat of the car. So you had a
responsibility to make sure that nothing went wrong.
MR. FLETCHER: Nothing did go wrong.
CHAIRMAN COYLE: Well, that's your story, okay. That's
your story. That's not the story of other people who were there.
As a matter of fact, one of the people in that car reportedly said
that the commissioner, Ms. Hiller, said, don't stop for them when they
were trying to slow you down and stop you.
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So it's very interesting how this is all taking part.
But in any event, Commissioner Fiala, were you first or
Commissioner Coletta?
COMMISSIONER FIALA: No, I think it was Commissioner
Coletta.
CHAIRMAN COYLE: Okay. Commissioner Coletta, go ahead.
COMMISSIONER COLETTA: Yeah. I'd like to concentrate on
the immediate issue at hand.
COMMISSIONER HENNING: Thank you.
COMMISSIONER COLETTA: You're welcome, Commissioner
Henning.
Chris Curry, would you come up front, please. My concern is, we
had an event that happened. I don't know if there's going to be
criminal charges coming down from it or not. I kind of doubt that
there is going to be, but then again, too, I'm not that authority that's
going to be deciding what charges come down.
You've got a problem with accessing a plane that's on another
part of the runway. That's a real problem. Okay. There's some
solutions that probably can be worked out.
What I'm going to suggest, and I'm going to arrive at through
several different stages, is that maybe we have a cooling off period
for, like, two weeks and we try to come to an understanding how we
can prevent situations like this from happening in the future and to
make sure that whatever rules are in place, they apply to you just as
much as they apply to everyone else.
The real issue is to get to your plane; is that correct? Is that the
whole issue for you, Mr. Fletcher?
MR. FLETCHER: Get to the airplane and we access -- we have
to cross Runway 360 approach in, which we've been doing for 35
years.
COMMISSIONER COLETTA: I know you have. What you
were doing for 35 years doesn't apply today. The way the business
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October 25, 2011
was run at the Immokalee airport -- and I'll tell you what. It was three
tries before I got this commission to agree to take over the authority,
and we're not going to go through all the reasons now, but there was a
lot of things that were taking place on that authority that were not in
the best interest of Collier County.
And if everybody wants to make an issue about it, we'll lay it out,
but some of the people that were involved in those things are still here
today, and I don't want to embarrass anyone.
But let's concentrate on the problem at hand today to see what we
can do to try to come up with some way to be able to alleviate this
problem.
But first I want to be able to establish -- Chris Curry, you have
heard what took place in the discussion here. Before we go to the
discussion about what can be done to try to tone this down and maybe
be able to get his access to the plane and still be able to get
conformities to the airport, would you give us what you heard and be
able to correct that?
I understand that this isn't the first occurrence, that there was
three occurrences altogether; is that correct?
MR. CURRY: Chris Curry, executive director, Airport
Authority.
You are correct. There was an incident that occurred on
February -- it was in February of 2011 where a chemical truck that
was servicing Mr. Fletcher cut off a taxing aircraft on the runway. He
was given a notice, a letter, to say what the incident was at that time.
And then on August 30th there was another incident involving a
chemical truck. And this was not directly Mr. Fletcher, but as he
mentioned, if these vehicles are serving him and they're providing
access, then he is the responsible party. So he was given another letter.
And these two are just the documented letters. There have been
several that have been undocumented that have just been basically
verbal from the airport management at Immokalee.
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You know, there was a lot of questions that was asked that I can
provide answers to if you'd like.
COMMISSIONER COLETTA: No, I would like, because, I
mean, the whole thing is that -- like I'm sure Mr. Fletcher would agree,
there's always two sides to a story.
MR. CURRY: And let me state, one of the reasons why we
never got to the point of giving Mr. Fletcher the access to get the plane
that's over at the hangar now is because when we met, Mr. Fletcher
was represented by Ms. Carbondale (sic), and I did not have an
attorney.
And so she basically said to me that Steve Fletcher was advised
not to answer any questions. So that's where the communication
stopped because, certainly, I have no problem providing him access to
the aircraft that he has across the runway. It's just that with his
restriction not to cross active taxiways and runways now, he will not
be allowed to repeatedly go across active runways and taxiways.
But I have brought a diagram to briefly demonstrate what
happened, and it may answer a lot of questions that are out there at
this time.
If you can see this, the occupants came into the airport by access
of one of these gates that's located over by Mr. Fletcher's area. Mr.
Fletcher leases a storage facility here, and he has another leasing area
here. Those are the two areas where he has a lease with the airport.
The vehicle access that he's now restricted to allows him access
to both of those leased areas, one by coming into this gate, which he's
still allowed to do. The fuel farm is located here. He's allowed to
come in this gate and directly leave out of that gate to obtain fuel, and
he's allowed to get to his leasing pad area through a gate that's allowed
here.
What he's not allowed to do is to drive across the threshold of the
runway to get to this area. That has been restricted.
And let me just say, this restrictive action just didn't start with
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Mr. Fletcher. We had another tenant that has leased property there,
and we have implemented procedures in his lease so that we restrict
his access to driving across active runways and taxiways. That's the
whole goal, is to stop that type of vehicular movement at the airport.
So the occupants entered through a gate located here, they
crossed the threshold for Runway 36, and went out Taxiway Alpha.
Mr. Fletcher in the past has had access to get to this point on the
airport where in this facility I've learned he stores one of his aircraft.
The occupants continued up Taxiway Alpha, turned right on
Taxiway Bravo, crossed Runway 36 again, and went to this area on
the airport. When they were seen crossing the threshold in an
unknown vehicle, the administrative person that was working
contacted the staff to say that she saw an unknown vehicle and she had
no idea who it was.
The staff proceeded up Taxiway Alpha and did not see the
vehicles until they got up in this area by Taxiway Bravo, cross
Runway 36.
At this time this vehicle was turning around, and granted, these
taxiways are only 50 feet wide. So you have two vehicles that's out on
the taxiway, and the staff, by sworn statement, said they were flashing
the lights, honking their horn, and had their hand out of the window
because they were simply trying to identify who the occupants were.
The occupants kept going past the staff. The staff said they
turned around, tried to maintain a speed where they could at least keep
visual contact with the occupants, because at that time they called the
Sheriff s Department because, again, unknown vehicle in an
unauthorized area, and they had no idea who it was.
I'm sure if they knew it was Mr. Fletcher in the car, even though
he was in an unauthorized area, they would have never called the
Sheriff s Department.
So they continued on. The vehicle proceeded down Taxiway
Alpha, came back across the runway threshold, left out of the gate,
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October 25, 2011
and they were later stopped by the police somewhere off of the airport
property, and that's when we identified at that time that the driver was
Mr. Nance and the occupant was Mr. Fletcher.
As far as airport policy, if there's no speed limit that's posted on
the airport, the speed limit is 15 miles per hour. That's in the airport
rules and regulations.
This sign here is the sign that -- as you go north on Taxiway
Alpha, this is the sign that is out at that location. And to bring you
back to Taxiway Alpha, it is basically in the area after you pass Mr.
Corky Mayhood's hangar facility.
So there's really no vehicle that has any reason at all to be on
Taxiway Alpha further north than where Mr. Corky Mayhood's hangar
is located.
So I've answered the question about why was he not asked his
side of the story. Well, again, his attorney said that he was not going
to answer any questions related to it, so I basically gave him the letter.
Again, I certainly have no issue with him accessing his plane.
We can arrange for him to do that at any time, but he needs to store his
plane on the side of the airport that does not restrict him to cross in
active runways and taxiways.
And as indicated before, many tenants have left the airport since
we arrived. Some of those tenants have left because they simply did
not want to follow any new rules that were in place at the airport, but
also many tenants have arrived. We have four vacant hangars at
Immokalee, and we have reservations to -- for tenants to occupy three
of them by the end of the year.
By comparison, Naples has 40 T- hangars that are available. So I
think we're doing fairly well with T- hangar occupancy.
COMMISSIONER COLETTA: Okay. Mr. -- and if I could, Mr.
Curry, I'm going to offer a suggestion. And the whole thing that we're
looking for is compliance; is that correct?
MR. CURRY: Yes.
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October 25, 2011
COMMISSIONER COLETTA: It's not to cause hardship. I
mean -- and you did write two letters in the past that kind of gives
some validity to the third letter that you wrote, and probably the action
you took. But, however, with that said, there is a direct impact here
that's never ending.
I'm not a pilot like Commissioner Coyle. I do ride in planes once
in a while. I know they prefer to store them under shelter, because I
guess that extends the life of the plane considerably.
Could we possibly come to some sort of understanding that for
the next two weeks that we'll grant Mr. Fletcher access, reasonable
access, whether maybe he calls up ahead and says he's going to go
across. The only thing he'd be required to do is acknowledge the fact
that what happened wasn't appropriate and that he will abide by all
rules in the future.
At the end of the two weeks, come back here, and maybe we can
wipe this whole thing off and have a better working relationship with
everyone.
That's a suggestion I'm going to make. I'd like to see the county
personally involved in this process. I know it's just one of those things
probably it's a little bit out of your purview. But you were quite a
negotiator in your younger years before you came to the county, and
this might be a chance to be able to get this thing going forward.
There's a need for it. We've got to stop badmouthing everybody
that's out there. Do you have -- you don't have any problems at the
Marco airport, do you? I mean, is that --
MR. CURRY: I don't have any problems at the Marco Island
Airport or Everglades. And to be honest with you, I don't have any
issue with Mr. Fletcher except the fact that he won't necessarily follow
the rules. I mean, otherwise, I think he's a nice person.
COMMISSIONER COLETTA: I do, too. I want to give him
every chance --
MR. CURRY: I have no issue with Mr. Fletcher.
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October 25, 2011
COMMISSIONER COLETTA: -- to be able to get back to a
norm. We have this rhetoric going around now with a lot of untrue
statements that are being said by a lot of people in the audience today,
personal attacks against you, and it probably should be against us,
because we're the ones that established the Airport Authority. A lot of
the people that are on the present advisory group used to be the
Airport Authority, and there's still some bad feelings about it.
Now, we've got to put these things behind us, and we've got to be
able to move forward. And I don't know, are my fellow
commissioners agreeable that we might be able to work out a solution
in the direction that I mentioned?
COMMISSIONER HENNING: Yeah, if I could answer your
question.
CHAIRMAN COYLE: Well, I'm sure that's the case. Go ahead,
Commissioner Henning, then I'll go later.
COMMISSIONER HENNING: I -- if your solution is, is to grant
Mr. Fletcher access to where he has his plane stored viva (sic), you
know, calling one of the airport employees and letting them know, I
think that's a great solution.
COMMISSIONER COLETTA: Yeah. No escort, just know.
COMMISSIONER HENNING: Right, if they're there, and I
don't know. There's very limited activity out there. Is -- do you have
employees out there for the time that Mr. Fletcher's running his
operation?
MR. CURRY: Yes, yes. That's --
COMMISSIONER HENNING: Are they available to --
MR. CURRY: They would be. I would make them available.
COMMISSIONER COLETTA: To just take the phone call.
We're not talking about them escorting him.
CHAIRMAN COYLE: No, no.
COMMISSIONER COLETTA: Okay, whatever.
COMMISSIONER HENNING: It's a board of five. It's not a
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board of one.
COMMISSIONER COLETTA:
everybody.
COMMISSIONER HENNING:
CHAIRMAN COYLE: Okay.
October 25, 2011
But we've got to hear
Right.
Commissioner Fiala, then I'll go
next.
COMMISSIONER FIALA: Okay. I'm just coming in as a
bystander. I don't know any of the players. I don't have a -- I don't
have a horse in this race at all.
I do come from the airline industry, and I worked closely at times
with the homeland security, and I know that every time I go to the
airport I have to take my shoes off because they're worried about
anybody violating anything.
And so I'm thinking -- did you say it was a lady that was working
at the airport that saw the car?
MR. CURRY: Yes. It was our administrative --
COMMISSIONER FIALA: Okay. I didn't even know if it was
man or a lady. But if I were working at the airport and I saw a car
there and I didn't recognize the car -- and, of course, you didn't have
your car, from what I understand. I would be -- I would be concerned,
too, seeing this car drive down, and I would want to know who's --
you know, you can't tell in this day and age anymore. We've got some
real wackoes out in the world, and you never know what they're going
to do or why they're going to do it or who they're after.
Now, they didn't know you were in the car. If they would have
recognized you or your car, it would have been different. They didn't
know who was there.
If she didn't alert somebody, there would be something wrong
with her. Because how do you know if somebody is not trying to
blow something up? You know, I'm sorry, but this is the world we live
in right now, and it's not a good world. There's some really nasty
things going on.
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October 25, 2011
So I can understand why they were concerned. I could
understand when they couldn't catch up with the car why they'd call
the cops. And so, you know, there's all a base.
So my point to this is: If, indeed, you want to invite guests out
there to the airport, you know, keep them in your car, or if you want to
ride in somebody else's car, maybe there's a way that you could work
together. You know, I like Commissioner Coletta trying to put
something together. Maybe also anybody, not only you, Mr. Fletcher,
but anybody, if they decide that they want to ride around on the
runways or something, which is not very safe, but they should at least
call into an office and say, you know, it's me, and I'm on the runway
with so and so or something so at least you know what's happening on
there.
But it they didn't -- if they weren't alerted because of homeland
security, then shame on them. So that's my point.
CHAIRMAN COYLE: Okay. I -- I don't have a problem trying
to find a compromise, but let's be honest about this. This was a
serious issue. Airport Security is something to be taken seriously. It's
not a private club for people to go out and play around on. It's an
airport, and it should be properly secured. It should be more secure
than it is right now.
As a matter of fact, the vehicles that are allowed on the airport
should be required to present to you the registration and the insurance
policy for those vehicles to make sure that they're properly insured
and to make sure they are owned by a tenant who will be responsible
for what they do, and I would hope we would move toward doing
those kinds of things, because it is the step of making this a
professionally run airport and not a boys' club that will make the
difference in getting this airport to be more heavily used and be more
profitable and more beneficial to the community.
And there has to be consequences for violating the procedures at
the airport. You can't just wave this away. It's the biggest mistake
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October 25, 2011
you can make. If you're going to do anything, take Mr. Fletcher under
escort, require that he give you reasonable advance notice when he
wants to go over and get that airplane, escort him over there, let him
pick up the airplane and go about his business. But to just forget
about this as if it never happened --
COMMISSIONER COLETTA: No.
CHAIRMAN COYLE: -- I think is bad news. And then once
Mr. Fletcher demonstrates that he can play by the rules, then maybe
you want to say, okay, we're clean. Everything looks okay now, and
let's get back to where we were.
But unless -- unless you enforce the security measures and the
rules on the airport, nobody is going to obey them. It's that simple.
Commissioner Coletta now.
COMMISSIONER COLETTA: Actually, Commissioner
Henning was next.
CHAIRMAN COYLE: Okay, all right. Commissioner Henning.
COMMISSIONER HENNING: Mr. Fletcher, was you issued a
set of rules and regulations?
MR. FLETCHER: No. No, sir.
COMMISSIONER HENNING: Mr. Klatzkow, are we -- can the
Airport Authority direct the airport director to give access to Mr.
Fletcher?
MR. KLATZKOW: Yes.
COMMISSIONER HENNING: Okay. My last question is -- I
think, Mr. Curry, I received a correspondence or the board received a
correspondence that you're not seeking any criminal action and there
was no criminal action?
MR. CURRY: Well, I'm not saying that the action was not
criminal. What I'm saying is that I have no intentions of going further
than this, but it keeps growing legs, okay. Once I issued the letter to
Mr. Fletcher, it was a done deal for me, but the item keeps getting
perpetuated.
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October 25, 2011
And so I was recently informed earlier today that I'll be meeting
with the Sheriffs Department tomorrow, okay, because everyone has
decided to keep this thing going.
As far as I was concerned with Mr. Fletcher, I had took
administrative action to make sure the airport was a safer and more
secure environment, and I was done with my part.
COMMISSIONER HENNING: Thank you.
I'm going to make a motion that we direct the airport director to
give Mr. Fletcher access to his plane across the runway, and Mr.
Fletcher is to notify the airport attendant or airport employee of
Immokalee that he's -- when he's going to access that. No escort. I
don't think you really need an escort.
MS. CARBONELL: No. He goes there at sometimes five
o'clock in the morning to get his plane ready, so escort would be kind
of difficult, I think, for airport employees.
COMMISSIONER HENNING: Well, is employees there at five
o'clock in the morning, sir?
MR. CURRY: No, they're not. But are you talking about a
one -time occurrence, or are you talking about a repeated occurrence?
COMMISSIONER HENNING: For him to get his airplane?
MR. CURRY: Yeah. Maybe I'm confused.
COMMISSIONER HENNING: The man needs to do his
business. I'm sure he's going to be utilizing that plane more than once.
So until you come up with a more reasonable solution -- and Mr.
Fletcher said he doesn't have rules and regulations, so how's he
supposed to abide by them?
MR. CURRY: Rules and regulations, lease manuals, minimum
standards, all that is provided for any tenant at the airport manager's
office. We do not send out documents like that to every tenant that's
at the airport.
And, I mean, I will tell you that the solution that I think is a
compromise is for him to get his plane from that side of the airport,
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October 25, 2011
bring it over to an area where he does not have to cross active
taxiways and runways. That's what I think is a compromise.
COMMISSIONER HENNING: I'm going to amend my motion
to say that Mr. Fletcher will do every attempt possible to contact an
employee of the Immokalee airport to access his plane across the other
side of the airport. That's my motion.
Mr. Curry, you have people on the airport, tenants and others,
that utilize the airport, and you're saying for them to understand the
rules and regulations, that you need come to the office?
MR. CURRY: All of the documents, manuals, policies, master
plan, everything for the airport is at the terminal building. For every
tenant that's on that airport, we do not send out that amount of
documentation for those type of policies. We don't do that. We don't
do that at Marco. We don't do it at Everglades City. We don't do it at
Immokalee. I've never done it at any airport that I've ever been
associated with.
COMMISSIONER HENNING: Okay. You know, that's -- that
could be a standard in the industry, but I know any leases, they have
rules and regulations in them. I don't know how anybody can abide
by anything that they have no knowledge of.
MS. CARBONELL: Mr. Fletcher does not have a written lease.
He's asked for one. He still doesn't have one.
MR. FLETCHER: And the board told Mr. Curry to get me one
over a year ago, the advisory board.
MR. CURRY: That is not true. Your lease is month to month.
What the airport has been working on for the past year is the leases
that were expired. We will get to your lease very soon, but your lease
runs month to month, so it's not expired.
MR. FLETCHER: I think the board told you to get me a written
lease over a year ago. I'm the largest fuel user in Collier County and
the biggest -- you make the most money off of me of any tenant you
have, I understand.
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October 25, 2011
MR. CURRY: This board's direction to me was not get you a
lease. It's not expired.
COMMISSIONER COLETTA: May I?
CHAIRMAN COYLE: Yes. Go ahead.
COMMISSIONER COLETTA: Yeah. Commissioner Henning,
you're going in the right direction. I think a couple things are missing.
But, one, notice was given. There was two warnings given for
violation of the intrusions into the runway or whatever you call it.
So the fact that there's something wrong was evident. I mean,
that should have been evident by the first two warnings. We're still
going the wrong direction. We're trying to get your plane for you in a
way that's going to be agreeable to be able to satisfy everyone that's up
here.
You haven't got even a second on Commissioner Henning's
motion yet. He's close. But what's missing at this point in time is
acknowledging the fact that there are rules and regulations,
acknowledging the fact that the stop places on the airport are -- I guess
you're supposed to stop when you come to stop markers; is that
correct?
MR. CURRY: We have -- we have made it imperative that,
especially Mr. Fletcher and his employees and his consultants, for the
area that they utilize that they stop, because we have observed unsafe
practices that we have seen over time.
So the airport rules and regulations allows the executive director
to make those type of decisions as to more restrictive operational --
COMMISSIONER COLETTA: Right. You know, I understand.
What I'm saying is, we just -- we want to make sure we get to the
point. One, he gets his plane; two, rules and regulations are followed
to the T. No exceptions.
MR. FLETCHER: That's fine.
COMMISSIONER COLETTA: You understand?
MS. CARBONELL: Mr. Fletcher agrees to abide by all the rules
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October 25, 2011
and regulations.
COMMISSIONER COLETTA: Okay, please. You'll make me
lose my train of thought, and I'll have to start all over from square one,
and we won't get out of here till seven o'clock.
But, Mr. Fletcher, if -- I would be agreeable if you would sign a
letter stating the fact that in the past there's been some issues about
violations, you're going to make every serious attempt in the future to
follow all the airport rules regarding the runway -- entrance the
runway, crossing the runway, and for a probation period of -- two
weeks would even be fine for me while we're trying to work through --
or maybe a month if we haven't settled the final agreement. I know
with the lawyer you've got, we've got a lawyer, this simple little
document is probably going to require many hours of work. It's going
to be redone over a dozen times.
But when it comes back to the commission, at that point in time,
if everything's fine, I'd be -- myself, as one commissioner up here,
would be willing to fully restore your rights.
As far as calling up, the requirement would only be that you call.
If that person's not on the airport property, that's a whole different
issue at five o'clock in the morning. And it might even be two
different numbers. If one of them's busy, you can call the other one
real quick and proceed. And I'm sure you can come up with a
procedure in a short period of time to do it.
And if Commissioner Henning would amend his motion to
include that, fine. If not, I'll make a new one.
COMMISSIONER HENNING: So you want me to include the
part to where Mr. Fletcher will write the airport director
acknowledging the rules and regulations?
COMMISSIONER COLETTA: Acknowledging the rules and
regulations, that he understands what they are fully, acknowledging
the fact that there may have been some errors in the past as far as
following them, and that you'll make every attempt in the future to
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October 25, 2011
follow them.
MR. FLETCHER: Okay.
COMMISSIONER HILLER: No.
COMMISSIONER COLETTA: Okay.
CHAIRMAN COYLE: And you have assumed, of course, that
there really is no hangar --
COMMISSIONER HILLER: Noway.
CHAIRMAN COYLE: -- on that side of the airport for his
aircraft?
COMMISSIONER COLETTA: I don't -- I think that's
immaterial, you know.
CHAIRMAN COYLE: No, it's not. If you get his aircraft over
where his operation is, he can get to it without having to cross the
runway.
COMMISSIONER COLETTA: Well, he's got -- he's renting --
or he's getting space for nothing. I don't know what the reasons are.
It's a business decision. If he's been able to access that from day one
without any problems, I have no problem with him doing that.
I don't want to restrict him to the point that it's going to become
unbearable. I don't want him to have to have his plane out in the open
weather, and I don't want him to have to incur additional expenses
with another hangar. He may have a lease with this other one. That's
none of my business.
CHAIRMAN COYLE: Okay.
before he violated the procedures.
Commissioner Hiller, go ahead.
COMMISSIONER HENNING:
motion.
He should have thought of that
Yeah. I'll put that in my
COMMISSIONER HILLER: Yeah. I have for a long time had
concerns about the security out at the airports, and in particular at the
Immokalee airport. In fact, the day that I was there -- and by the way,
I know someone said something -- I can't remember -- about them
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October 25, 2011
asking me whether or not I was there. I just want everyone to know
when Mr. Curry asked me if I was out at the airport on that day, he
didn't say, you know, I'd like to know what happened, you know, tell
me how it came about, what was your side of the story.
He said, were you out at the airport that day? I answered yes. I
asked why. And his response to me was, because one of the -- one of
my workers out there thought they saw you on TV and recognized
you, end of discussion.
MR. CURRY: That's not true.
COMMISSIONER HILLER: It's in writing.
MR. CURRY: That's -- I said --
COMMISSIONER HILLER: It's in writing.
MR. CURRY: I said one of my employees --
COMMISSIONER HILLER: Please don't interrupt.
MR. CURRY: -- thought you looked familiar.
COMMISSIONER HILLER: Please -- oh, well, whatever you
said, it was along those lines. You didn't --
MR. CURRY: That's exactly what I said.
COMMISSIONER HILLER: -- bring this issue forward. Right.
And we can introduce your email. The point being, he didn't say, I
wanted to know if you were out there because I want to know if you
were in the vehicle, what was the incident, da, da, da, nothing. I said I
was there. He never questioned me on it.
Mr. Curry wasn't even at the airport that day. Mr. Curry's
manager wasn't at the airport that day. The security at the airport was
so lax that he allowed this airport to remain in the custody of
maintenance workers.
There was no chase by security officers. Nothing of the sort. In
fact, what happened was very much the opposite. The description of
how Mr. Curry described the path through the airport was not correct.
In fact, your maintenance vehicles were never behind the vehicle and
had no idea of how fast that vehicle was going.
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October 25, 2011
And, in fact, the maintenance vehicle, which had, as the lady
described, a lawn trailer attached to it, stopped at the intersection of
the runway and the taxiway across from the other vehicle, which
stopped at the same time. The gentleman in the maintenance vehicle
made eye contact with Mr. Fletcher and recognized him.
They both, after they stopped, continued in opposite directions,
and your maintenance gentleman went all the way down the taxiway
to the other end of the airport. They didn't turn around midstream and
follow the vehicle.
And when the vehicle exited the airport, they weren't stopped by
the police. They proceeded along the public road at the legal speed
limit, stopped in front of the park, sat and chatted about the park, then
turned around and went into the building across the street, which was
where one of the -- actually where the driver had worked in the past.
Then as the vehicle was coming out, that maintenance vehicle
was turning in, didn't try to stop the vehicle. In fact, they had no legal
right to. Turned down -- I'm not done -- turned down the road, and
then the vehicle was stopped.
And the police found nothing wrong. They made inquiry. There
was nothing illegal done.
MR. CURRY: Not yet.
COMMISSIONER HILLER: Mr. Fletcher does not have to
admit that he --
MR. CURRY: Not yet.
COMMISSIONER HILLER: No, I'm not done.
Mr. Fletcher does not have to admit to any sort of wrongdoing
because he did nothing wrong. And he is being targeted. For what
reason, I don't know. But it is completely unfair.
There was no speeding on any runway. There was no chase by
any security vehicle. And, in fact, if that vehicle was behind that
vehicle, they would have seen who that vehicle belonged to, because
that individual's name is plastered all over that vehicle.
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October 25, 2011
I don't know what's going on here, but I will tell you this man is
being targeted, and it needs to stop. There was no --
COMMISSIONER FIALA: I think we might have a solution
here, though.
COMMISSIONER HILLER: The solution does not involve him
admitting to any wrongdoing because he did nothing wrong. In fact,
nothing was done wrong that day.
MR. CURRY: Please let me respond to just a couple things.
Obviously, if Commissioner Hiller was there riding, she would have a
better account than I have. I'm going by the sworn statements that was
submitted by the staff.
The reason that I was not at the airport nor the airport manager is
because we had an advertised advisory board meeting; therefore, we
were not there.
There's no security at any airport that's strong enough to protect a
breach by someone who has access. You go to any airport in the
United States, and if the tenant, employee, whoever has code and
access is willing to allow a breach, then a breach will occur.
COMMISSIONER HILLER: Is that why you have so many
people picking berries on your property? Why so many people
committed trespass on airport property?
COMMISSIONER HENNING: Would you accept my motion?
COMMISSIONER COLETTA: I'm going to if I ever get a word
in edgewise.
CHAIRMAN COYLE: Okay. This has all been very interesting,
but before I would accept any statement from Commissioner Hiller, I
would like to see it taken -- a sworn statement by the police
department. And we have sworn statements from people who did such
a thing. Commissioner Hiller, I would ask you to do the same thing,
so then maybe we could get closer to the truth here.
Commissioner Coletta, go ahead.
COMMISSIONER COLETTA: Yeah. I'm going to second
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October 25, 2011
Commissioner Henning's motion, but there's something very important
that's missing from this whole thing.
Mr. Fletcher, it's nothing to do with you directly. Commissioner,
this is a letter that came from Chris Curry. Chris, you're extremely
well put together on how you communicate with us commissioners
almost on an hourly basis, letters, pictures, everything else. We feel
like we're part of the airport from day one.
This is a letter that you sent out, an email on 10/4/2011 at 3:37.
Commissioner, the Airport Advisory Board meeting was held
yesterday at Marco Island Executive Airport. The Immokalee airport
manager and I were in attendance at the meeting when we were
informed by our staff that an unknown vehicle was seen on the active
taxiway at Immokalee Regional Airport.
They informed the manager that they tried to chase the vehicle
that was traveling in excess of 45 miles an hour down an active
runway and crossed the active runway without stopping the whole
short line, it's called. That's the word I was looking for. These lines
are stop marks -- markings for aircraft and vehicles painted on the
ground.
The maximum speed on the airport operation area, runways,
taxiways, ramp area is 15 miles an hour, and these areas of the
taxiway are off limits to non - airport authorized vehicles.
After trying to elude airport staff, the airport staff called the
Collier County Sheriffs Department, and officers stopped the vehicle
off airport at the corner of New Market and SR29. It was advised that
the CCSO response with five police vehicles -- upon further
investigation the officers determined that the three -- that three
occupants were in the vehicle. The two passengers in the front were
unknown to the airport staff, and the third passenger in the back was
Mr. Steve Fletcher, president of Fletcher Flying Service.
The Sheriff s Department informed the manager that they were
unable to write a citation since they did not witness the excess speed
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October 25, 2011
on the taxiway and the event occurred on the airport property.
This is third time Mr. Fletcher has been advised of this disagreed
-- disagreement (sic) for the airport roads --
CHAIRMAN COYLE: Disregard.
COMMISSIONER COLETTA: -- disregard for airport rules and
regulations that pertain to airport operation area.
In any case, the rest of it's just following through on this. I have
attached a diagram for the incident.
Now here's the thing. This was sent on 10/4 to all the
commissioners, Jeff Klatzkow, County Manager, and Vergo Thomas.
Not word one from you, Commissioner. You could have come back
at that point in time and said, you know, that was me on the airport.
I resent the fact, that I have every right to be there. If you came
back, we might not be here today going through all this. You didn't.
It's been silence. You were the mystery lady, the dark haired lady that
was in the vehicle that only got identified by chance that one of the
people that was there from the Airport Authority thought he saw you
before in a picture and more or less identified it with less than
certainty.
The thing is, is that if nothing was wrong, why the silence?
COMMISSIONER HILLER: There was no silence. Mr. Curry
asked me if I was at the airport, and I responded that I was.
COMMISSIONER COLETTA: I'm talking about the memo that
was sent out, and there was a lapse of time in that, too. But it would
have been great to have a response. That's what these memos are for.
CHAIRMAN COYLE: Okay. You've got a motion. Let's vote
on the motion.
vote.
MR. FLETCHER: Can I say something?
CHAIRMAN COYLE: We're through with this. We're going to
MR. FLETCHER: Yes, sir.
COMMISSIONER FIALA: Was that with the addendum that
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October 25, 2011
you had added? Okay.
COMMISSIONER COLETTA: That's correct.
CHAIRMAN COYLE: Okay. Restate the motion so that we
clearly understand what it is we're doing.
COMMISSIONER COLETTA: It's Commissioner Henning's
motion.
COMMISSIONER HENNING: I made a motion that we direct
the Airport Director to give access to Mr. Fletcher where his plane is
stored in the other side of the runway, or the other side of the airport,
as I viewed it; furthermore, Mr. Fletcher will write the Airport
Director acknowledging the rules and regulations. And I encourage
you to get a set of rules and regulations if one has not been provided to
you. Is that good?
COMMISSIONER COLETTA: No, it's not. It still falls short.
That he admits to the fact that there was an occurrence on there that
was in violations of the rules.
COMMISSIONER HILLER: No.
COMMISSIONER COLETTA: That's an important element to
the whole thing. There's been two warnings before this, and that was
COMMISSIONER HILLER: Noway.
COMMISSIONER COLETTA: -- that should have been
sufficient to avoid any occurrences now. It's a small act to be able to
show the fact that he's ready to comply and we can get past this and
get him back there to the hangar where he needs to be.
COMMISSIONER HENNING: Right. And he will comply to
the rules and regulations.
MS. CARBONELL: There's no problem with the compliance to
the rules and regulations. And if I understood the language beginning
-- that -- the wording was that there may have been some errors in the
past.
COMMISSIONER COLETTA: Okay. I'll accept that.
Page 255
October 25, 2011
MS. CARBONELL: We don't have any problem with "there
may have been some errors in the past" and that we will continue -- or
Mr. Fletcher will continue to abide by the rules in the future.
COMMISSIONER COLETTA: I can accept that. Can you?
COMMISSIONER HENNING: Sure.
MR. FLETCHER: Can I say something quick? For us, we
access where our loading pad is from the hangar.
CHAIRMAN COYLE: Get to the mike.
MR. FLETCHER: We access our loading pad from the hangar,
and we have to cross the approach in of Runway 36 in order to get
there, and we go very early in the morning. And we have forklifts.
And we've had, this week, had to drive the forklifts down the highway
there in the dark, and they can't travel over grass. And I'd like to be
able to access our pad like we always had so nobody gets killed on a
forklift on a highway going back and forth where we have to access it
now.
COMMISSIONER COLETTA: I'm glad you brought that up,
because that would have been something after the fact that could have
been a deal killer. I have no idea what -- the normal thing as far as
having forklifts on an airport taxiway, what that means. No idea at all.
MR. FLETCHER: They just cross it -- they just cross it.
COMMISSIONER COLETTA: Oh, just cross it. They're not
driving --
MR. FLETCHER: They just cross it, and then they turn down --
that pad that I work off of is an old -- it's an inactive taxiway.
COMMISSIONER COLETTA: You'll take personal
responsibility to make sure that whoever --
MR. FLETCHER: Yes, sir. Yes, sir, without a doubt.
COMMISSIONER COLETTA: Is that fine with you,
Commissioner Henning?
COMMISSIONER HENNING: As historical use.
COMMISSIONER COLETTA: No, I don't want the historical
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October 25, 2011
use in there. Historical is out of the question. You cannot continue as
you have in the past. It's the rules and regulations. Access granted.
Historical access going back 40 some years, no.
MS. CARBONELL: Would you use the words "necessary for his
business operations "?
COMMISSIONER HENNING: Yes.
COMMISSIONER COLETTA: I don't think you need
"historical" in there to make it happen.
MS. CARBONELL: Just "necessary for his business
operations."
COMMISSIONER COLETTA: That I can agree to.
CHAIRMAN COYLE: Okay.
MR. CURRY: So, in essence, you want me to rescind the letter?
CHAIRMAN COYLE: That's what it sounds like.
MR. CURRY: Okay.
COMMISSIONER COLETTA: I want you to amend the letter.
I want you to get their letter first, and hopefully it's going to come fast
enough so he can get back into business. And this would be -- and
that would be given -- that's taking care of the violations that are there.
Of course, if there's any new violations, we never addressed how that
would be handled.
COMMISSIONER FIALA: He's not going to have any new
violations.
CHAIRMAN COYLE: We'll give him a bye on that one too.
COMMISSIONER COLETTA: Oh, I don't think we're giving
him a bye.
CHAIRMAN COYLE: Sure, you are.
COMMISSIONER COLETTA: No.
CHAIRMAN COYLE: Sure, you are. There's no punishment
for this.
Okay. All in favor of the motion, please signify by saying aye.
COMMISSIONER HILLER: Aye.
Page 257
October 25, 2011
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: All opposed?
Aye, very loudly and firmly.
COMMISSIONER COLETTA: Well, that's disturbing, because
you're the airplane pilot in this group.
CHAIRMAN COYLE: That's why I think something needs to be
done.
COMMISSIONER HENNING: Where we at, staff
communications?
CHAIRMAN COYLE: Yes, it seems that way. By the way, the
motion passed 4 -1 with me dissenting.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATION
MR. OCHS: Commissioners, that takes us to 15.
CHAIRMAN COYLE: Sometimes there's no hope.
COMMISSIONER HENNING: Where are we at now in the
agenda?
CHAIRMAN COYLE: We're at communications.
County Manager, go ahead.
MR. OCHS: I have nothing, sir.
CHAIRMAN COYLE: Go. County Attorney?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN COYLE: Commissioner Hiller?
COMMISSIONER HILLER: Nothing.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: I had something, but I've forgotten
what it was.
Page 258
October 25, 2011
CHAIRMAN COYLE: Good. Commissioner -- I don't have
anything.
Commissioner Coletta?
COMMISSIONER COLETTA: I'll add nothing.
CHAIRMAN COYLE: Good. Commissioner Henning?
COMMISSIONER HENNING: Motion to adjourn.
COMMISSIONER FIALA: Second.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: We are adjourned. Thank you very
much.
* * * **
*****Commissioner Coletta moved, seconded by Commissioner
Fiala and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted * * * * *
Item #16A1 — Continued to the November 812011 BCC Meeting (Per
Agenda Change Sheet)
RECOMMENDATION TO AWARD BID #11 -5700 FOR
"DEVONSHIRE BOULEVARD LANDSCAPE & IRRIGATION
REFURBISHMENT PROJECT" TO AMERI -PRIDE INC. IN THE
AMOUNT OF $267,214.37. IMPROVEMENTS WILL BE
FUNDED BY RESIDENTS OF THE RADIO ROAD
BEAUTIFICATION MSTU — AFTER A SUBMITTAL OF
Page 259
October 25, 2011
DOCUMENTS AND PRESENTATION BY AN AMERI -PRIDE
REPRESENTATIVE, THE MSTU ADVISORY COMMITTEE
CONFIRMED THEIR SATISFACTION WITH REQUESTED
DOCUMENTATION
Item #I 6A2
CONVEYANCE OF A DRAINAGE ACCESS AND
MAINTENANCE EASEMENT FROM COLLIER COUNTY (AS
THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER -SEWER DISTRICT) TO COLLIER COUNTY (AS A
POLITICAL SUBDIVISION OF THE STATE OF FLORIDA)
(PROJECT NO. 51101) (FISCAL IMPACT: $35.50) — GMD IS
UNDERTAKING THE EXPANSION OF THE NAPLES MANOR
NORTH CANAL AS PART OF THE LASIP THAT IS
IMMEDIATELY WEST OF THE LELY RESORT PUD
Item #I 6A3
A DECLARATION SETTING ASIDE (A PORTION OF THE
PARKS AND RECREATION DEPARTMENT PROPERTY) FOR
DRAINAGE ACCESS AND MAINTENANCE PURPOSES
LOCATED ON WARREN STREET AND DEVELOPED WITH
BASEBALL DIAMONDS BY THE GULF COAST LITTLE
LEAGUE AND RECENTLY NAMED "CINDY MYSELS PARK"
(FISCAL IMPACT $9,927) — FOR THE LASIP THAT WAS
PURCHASED IN 1994 FOR THE USE BY GULF COAST LITTLE
LEAGUE
Item #I 6A4
October 25, 2011
AUTHORIZING THE CLERK OF COURTS TO RELEASE
SECURITIES WHICH WERE POSTED AS DEVELOPMENT
GUARANTEES THROUGH LAND DEVELOPMENT SERVICES
— COUNTY STAFF WILL NOW BRING ALL PERSPECTIVE
RELEASES TO THE BOARD FOR APPROVAL
Item #I 6A5
EXTENSION THE PERIOD OF PERFORMANCE FROM
AUGUST 13, 2011 TO FEBRUARY 9, 2012 FOR FEDERALLY
FUNDED SUB -GRANT AGREEMENT HMGP #1785 -027 -R
WITH THE FLORIDA DIVISION OF EMERGENCY
MANAGEMENT TO COMPLETE THE GRANT SCOPE OF
WORK FOR THE LELY AREA STORMWATER
IMPROVEMENT PROJECT ( LASIP) HALDEMAN CREEK
STORMWATER IMPROVEMENT AND LOCK LOUISE WEIR
RECONSTRUCTION PROJECT — DUE TO OVERLAPPING
WORK BETWEEN LASIP AT THE DAVIS BOULEVARD
PROJECT AND FDOT' S DAVIS BOULEVARD PROJECT THAT
RESULTED IN DESIGN CHANGES AND PERMITTING_
SCHEDULE DELAYS
Item # 16A6
DONATION OF A DRAINAGE EASEMENT BETWEEN 40TH
STREET NE AND THE FAKA UNION CANAL IN UNIT 43 OF
GOLDEN GATE ESTATES (FISCAL IMPACT: RECORDING
FEES NOT TO EXCEED $50) — FOR DITCHES THAT WERE
SEVERELY OVERGROWN WITH BRUSH THAT NEEDS TO BE
CLEARED
Item #I 6A7
Page 261
October 25, 2011
RESOLUTION 2011 -192: RESOLUTION CALLING FOR A
BOND REFERENDUM ELECTION TO BE HELD FOR THE
RADIO ROAD, EAST OF SANTA BARBARA BOULEVARD TO
THE INTERSECTION OF RADIO ROAD AND DAVIS
BOULEVARD MUNICIPAL SERVICE TAXING UNIT (MSTU)
TO DETERMINE IF THE QUALIFIED ELECTORS RESIDING IN
THE MSTU APPROVE OBTAINING A LOAN NOT TO EXCEED
$649,000 IN ORDER TO FINANCE CERTAIN LANDSCAPING
AND IRRIGATION CAPITAL IMPROVEMENTS WITHIN THE
MSTU, WITH A MATURITY DATE NOT LONGER THAN 10
YEARS
Item #I 6A8
AWARD BID #11 -5733R FOR "IRRIGATION PARTS, PUMPS
AND RELATED ITEMS" TO FLORIDA IRRIGATION SUPPLIES
AND NAPLES ELECTRIC MOTOR WORKS. THE ANNUAL
EXPENDITURES ARE ESTIMATED TO BE $1005000 — FOR
IRRIGATION SUPPLIES AND PUMP REPAIRS AS NEEDED
Item # 16A9
RECOGNIZING FORTHCOMING REVENUES, ORIGINALLY
AWARDED AND ACCEPTED AS CONGESTION
MANAGEMENT SYSTEM GRANT FUNDS AND CURRENTLY
BEING FLEXED INTO A FY 2012 FEDERAL TRANSIT
ADMINISTRATION SECTION 5307 GRANT IN THE AMOUNT
OF $375,000; TO APPROVE THE NECESSARY BUDGET
AMENDMENT; AND, TO AUTHORIZE STAFF TO
IMMEDIATELY INCUR EXPENSES IN ACCORDANCE WITH
FEDERAL TRANSIT ADMINISTRATION PRE -AWARD
Page 262
October 25, 2011
GUIDANCE SO THE ORDER TO BUILD A NEW 35 FOOT BUS
MAY PROCEED PRIOR TO COST ESCALATIONS BY THE
MANUFACTURER — THE PURCHASE ORDER MUST BE
SUBMITTED BY NOVEMBER 10, 2011 TO AVOID HIGHER
PRODUCTION COSTS
Item #16A10
RECORDING THE FINAL PLAT OF FAITH LANDING PHASE
ONE, APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY — W /STIPULATIONS
Item #16A11 - Moved to Item #IOG (Per Agenda Change Sheet)
Item #16Al2
CHANGE ORDER #1 TO CONTRACT NO. 10 -5456 FOR
"VERIFICATION TESTING SERVICES FOR OIL WELL ROAD,"
FOR AN ESTIMATED COST OF $125,000 PROJECT #60044 —
DUE TO THE UNEXPECTED EXPENSE FOR THE
FABRICATION OF ALL BRIDGE COMPONENTS
Item #16A13
SATISFACTION OF LIEN FOR THE SUMMER
LAKES /SAWGRASS PINES APARTMENTS PHASE II DUE TO
THE IMPACT FEES BEING PAID IN FULL IN ACCORDANCE
WITH THE MULTI - FAMILY RENTAL IMPACT FEE
DEFERRAL PROGRAM, AS SET FORTH BY SECTION 74-
401(E) AND 74- 401(G) (5) OF THE COLLIER COUNTY CODE
Page 263
October 25, 2011
OF LAWS AND ORDINANCES — ON OCTOBER 12, 2011 THE
IMPACT FEES WERE PAID IN FULL
Item #16A14
BOARD OF COUNTY COMMISSIONERS (BCC) AFFIRM THE
OFFICIAL INTERPRETATION WHICH FOUND THAT THE
CONVERSION OF A SIDE ENTRY GARAGE INTO A MEDIA
ROOM FOR A ZERO LOT LINE DWELLING LOCATED ON
LOT 23, MEDITERRA PARCEL 125 REPLAT, TO BE
CONSISTENT WITH THE MINIMUM FRONT YARD SETBACK
REQUIREMENT FOR A FRONT ENTRY GARAGE AS
PROVIDED IN SECTION 3.5 (TABLE I) OF THE MEDITERRA
PLANNED UNIT DEVELOPMENT (PUD) — ENSURING THAT A
PARKED CAR WOULDN'T INTERFERE WITH PEDESTRIAN
TRAFFIC
Item #16A15
CHAIRMAN TO SIGN A MEMORANDUM OF
UNDERSTANDING IMPLEMENTING THE DIRECTION OF THE
BOARD OF COUNTY COMMISSIONERS TO PROVIDE
FUNDING TO THE EARLY LEARNING COALITION OF
SOUTHWEST FLORIDA, INC., IN THE AMOUNT OF $50,000 IN
FISCAL YEAR 2012 — THE MOU WILL RUN FROM
NOVEMBER 2011 THROUGH SEPTEMBER 30. 2012
Item # 16B 1
COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVES
AND ACCEPTS A DONATION OF OFFICE FURNITURE AND
EQUIPMENT FROM ECONOMIC DEVELOPMENT COUNCIL
Page 264
October 25, 2011
OF COLLIER COUNTY FOR USE AT THE BAYSHORE
GATEWAY TRIANGLE CRA OFFICE, AND DIRECTS THE
EXECUTIVE DIRECTOR TO REGISTER THE ASSETS WITH
APPLICABLE GOVERNMENT DEPARTMENTS. (FISCAL
IMPACT: NONE) (DAVID JACKSON, EXECUTIVE DIRECTOR
BAYSHORE GATEWAY TRIANGLE CRA) — CONSISTING OF 3
2- DRAWER WOODEN FILE CABINETS, WOODEN OFFICE
DESK, WOODEN 4FT TABLE, WOODEN OFFICE TABLE, 10
CONFERENCE CHAIRS, 2 WALL MAPS, DISPLAY EASEL, 2
3X5' WHITE BOARDS, 2 FLAGS W /STANDS, WOODEN 2-
SHELF BOOKCASE, PAPER SHREDDER, METAL BOOKCASE,
SKIL CORDLESS DRILL & CASE, 2 SURGE PROTECTORS,
MISCELLANEOUS EXTENSION CORDS, FIBERGLASS STEP
LADDER, KODAK DIGITAL CAMERA AND 4 PLASTIC TRASH
CANS
Item #16132
REQUEST FOR A SPECIFIC PAINT COLOR ON A
COMMERCIAL BUILDING WITHIN THE CRA CULTURAL
ARTS DISTRICT PURSUANT TO "LEGISLATION IN PROCESS"
THROUGH THE 2012 LDC AMENDMENT CYCLE 1;
ACKNOWLEDGE THAT PAINTING THE BUILDING THIS
COLOR PRIOR TO APPROVAL OF THE PROPOSED LDC
CHANGE WOULD BE AT THE OWNER'S RISK; AND DIRECT
CODE ENFORCEMENT TO NOT PROSECUTE THE OWNER
FOR THIS COLOR PENDING THE BOARD'S FINAL
DETERMINATION OF THE PROPOSED LDC AMENDMENT
(FISCAL IMPACT: NONE) (JEAN JOURDAN, PROJECT
MANAGER, BAYSHORE GATEWAY TRIANGLE CRA) —
USING THE OWNER'S CHOSEN COLOR ON TWO OF THE
FOUR WALLS
Page 265
October 25, 2011
Item #16B3 — Moved to Item #13B5 (Per Agenda Change Sheet)
Item # 16C 1
AMENDMENT NO. A02 TO AGREEMENT NO. 4600001937
BETWEEN COLLIER COUNTY AND THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT, RENEWING THE
EXISTING AGREEMENT FOR A PERIOD OF ONE YEAR
UNTIL SEPTEMBER 30, 2012, TO CONTINUE THE
SUPPLEMENTAL COLLECTION OF SURFACE WATER
QUALITY SAMPLES IN COLLIER COUNTY (ESTIMATED
ANNUAL REVENUE TO COUNTY IS $6000) — FOR 50
MONITORING LOCATIONS WITHIN COLLIER COUNTY
Item #I 6C2
HOUSEHOLD HAZARDOUS WASTE UNIQUE AND
INNOVATIVE GRANT AGREEMENT, NO. 50557, WITH THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION IN AN AMOUNT NOT TO EXCEED $49,976,
PURSUANT TO LINE ITEM #1703E OF THE FY2011 -2012
GENERAL APPROPRIATIONS ACT, TO ADD HOUSEHOLD
AND SMALL BUSINESS HAZARDOUS WASTE SERVICES TO
CLEANUP EVENTS IN NEIGHBORHOODS AND, TO
AUTHORIZE A CORRESPONDING BUDGET AMENDMENT —
IN CONJUNCTION WITH CODE ENFORCEMENT AND THE
COLLIER COUNTY SHERIFF' S OFFICE PROVIDING
EDUCATION AND OUTREACH TO THE COMMUNITY
Item #16C3
Page 266
October 25, 2011
AWARD BID NUMBER 11 -5749, SOUTH COUNTY WATER
RECLAMATION FACILITY ELECTRICAL UPGRADES, TO
GULF STATES ELECTRIC, INC., IN THE BASE BID AMOUNT
OF $8005970 FOR PROJECT NUMBER 70079, SOUTH COUNTY
WATER RECLAMATION FACILITY LIGHTNING /SURGE
PROTECTION AND GROUNDING; AND, AUTHORIZE A
BUDGET AMENDMENT OF $364,103 FROM PROJECT
NUMBER 70050, MASTER PUMP STATION TECHNICAL
SUPPORT, TO PROJECT NUMBER 70079 — FOR THREE
PRIORITIZED AREAS OF THE PLANT THAT CURRENTLY
HAVE NO LIGHTENING PROTECTION
Item #16C4
EXECUTE AND RECORD SATISFACTION OF NOTICE OF
CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT
FEE. FISCAL IMPACT IS $10 TO RECORD THE
SATISFACTION OF LIEN — FOR FOLIO #62255440000
Item # 16D 1
FISCAL YEAR 2011 CONTINUUM OF CARE (COC) GRANT
APPLICATION TO THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) FOR COC PROGRAMS
ASSISTING AND BENEFITING THE HOMELESS POPULATION
IN COLLIER COUNTY. THIS GRANT APPLICATION HAS NO
EFFECT ON AD VALOREM OR GENERAL FUND DOLLARS —
FOR THE FOLLOWING PROJECT NAMES: SHELTER
TRANSITIONAL HOUSING RENEWAL, HOMELESS
MANAGEMENT INFORMATION SYSTEM (HMIS) RENEWAL,
WOLFE APARTMENTS SUPPORTIVE HOUSING RENEWAL,
Page 267
October 25, 2011
SHELTER PLUS CARE PERMANENT HOUSING BONUS
PROJECT AND SHELTER + CARE GRANT- COLLIER COUNTY
HOUSING AUTHORITY
Item # 16D2 — Moved to Item # l OJ (Per Agenda Change Sheet)
Item #16D3
REPROGRAMMING OF HOMELESSNESS PREVENTION AND
RAPID RE- HOUSING PROGRAM (HPRP) FUNDS IN THE
AMOUNT OF $73,080.99 AND AUTHORIZE THE CHAIRMAN
TO SIGN TWO (2) AMENDMENTS TO THE 2009 (HPRP)
SUBRECIPIENT GRANT AGREEMENTS WITH YOUTH
HAVEN IN THE AMOUNT OF $31100.99 ($53,080.99
INCREASE), AND CATHOLIC CHARITIES IN THE AMOUNT
OF $150,000 ($20,000 INCREASE) IN ORDER TO
INCORPORATE REALLOCATED HPRP FUNDS — ON AUGUST
24, 2011, STAFF RECEIVED A REQUEST FROM THE
SALVATION ARMY, NAPLES CORPS, ASKING TO
TERMINATE ITS SUBRECIPIENT AGREEMENT, AS SUCH
HHVS RECOMMENDED THAT THE BOARD APPROVE THE
REALLOCATION OF THOSE FUNDS TO THE
AFOREMENTIONED ENTITIES
Item # 16D4 — Moved to Item # l OH (Per Agenda Change Sheet)
Item # 16D5 — Moved to Item # 101 (Per Agenda Change Sheet)
Item #16D6
HOUSING, HUMAN & VETERAN SERVICES DEPARTMENT
(HHVS) TO EVALUATE COLLIER COUNTY'S CONTINUING
Page 268
October 25, 2011
ROLE AS THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT'S (HUD) DESIGNATED LEAD AGENCY FOR
THE CONTINUUM OF CARE PROGRAM IN COLLIER
COUNTY. THIS EVALUATION WILL REVIEW THE
COLLABORATIVE EFFORTS OF COLLIER COUNTY AND THE
NON - PROFIT CORPORATIONS WHO COMPRISE THE
CONTINUUM OF CARE FL606 (COC). STAFF WILL THEN
BRING A RECOMMENDATION AS TO WHETHER TO
CONTINUE AS THE LEAD AGENCY TO THE BOARD FOR
FURTHER CONSIDERATION — THE EVALUATION WILL
COORDINATE WITH THE CCHHC, REVIEWING HUD STEPS
AND A TRANSITION TIMELINE FOR THE RELINQUISHMENT
OF THE LEAD AGENCY ROLE
Item #16D7
WORK ORDER TO COASTAL ENGINEERING CONSULTANTS
IN THE AMOUNT $18,650 FOR CONSTRUCTION SUPPORT
AND PROJECT CERTIFICATION FOR THE COLLIER BAY
DREDGING PROJECT, APPROVE NECESSARY BUDGET
AMENDMENT AND MAKE A FINDING THAT THIS ACTIVITY
PROMOTES TOURISM WITHIN COLLIER COUNTY — FOR
PRIMARY CONSTRUCTION ADMINISTRATION,
OBSERVATION AND MONITORING WILL BE PERFORMED
BY COASTAL ZONE MANAGEMENT STAFF FOR THIS
PROJECT
Item #I 6D8
CHAIRMAN TO EXECUTE THE FY 11 -12 CONTRACT
BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA
DEPARTMENT OF HEALTH FOR OPERATION OF THE
Page 269
October 25, 2011
COLLIER COUNTY HEALTH DEPARTMENT IN THE
AMOUNT OF $153245400 — PER STATUTES THE FOLLOWING
THREE LEVELS OF SERVICES ARE TO PROMOTE, PROTECT,
MAINTAIN AND IMPROVE ALL CITIZENS & VISITORS OF
THIS STATE: ENVIRONMENTAL HEALTH SERVICES,
COMMUNICABLE DISEASE CONTROL SERVICES AND
PRIMARY CARE SERVICES
Item #I 6D9
AWARD BID NO. 11 -5763 TO ENERGY RESOURCES, INC. IN
THE AMOUNT OF $2625000 FOR THE EMERGENCY
DREDGING OF COLLIER BAY ENTRANCE CHANNEL,
APPROVE NECESSARY BUDGET AMENDMENT, MAKE A
FINDING THAT THIS ACTIVITY PROMOTES TOURISM
WITHIN COLLIER COUNTY, AND AUTHORIZE THE
CHAIRMAN TO EXECUTE THE STANDARD CONTRACT
AFTER COUNTY ATTORNEY APPROVAL — REQUESTED BY
THE CITY OF MARCO ISLAND VIA RESOLUTION 11 -05 TO
RESTORE SAFE NAVIGATION WITHIN THE CHANNEL
Item # 16D 10
RETIRED AND SENIOR VOLUNTEER PROGRAM (RSVP)
GRANT AWARD FROM THE CORPORATION FOR NATIONAL
AND COMMUNITY SERVICE IN THE AMOUNT OF $4001
AND APPROVE THE RELATED BUDGET AMENDMENTS —
THE PROJECT PERIOD RUNS FROM SEPTEMBER 30, 2011
THROUGH JUNE 30, 2012, FOR GRANT PROJECT #33175
Item # 16D 11
Page 270
October 25, 2011
CHAIRMAN TO SIGN THE FY 2011 -12 AGREEMENT WITH
THE DAVID LAWRENCE MENTAL HEALTH CENTER, INC.
TO PROVIDE DETOXIFICATION AND MENTAL HEALTH
SERVICES WITHIN COLLIER COUNTY. LOCAL MATCH
FUNDING IS REQUIRED BY FLORIDA STATUE SECTION
394.76(9) (FISCAL IMPACT IS $8995300) — PROVIDING
FUNDING TO A LOCAL BEHAVIORAL HEALTH AND
SUBSTANCE ABUSE PROGRAM PROVIDER FOR THE
PERIOD FROM OCTOBER 1, 2011 THROUGH SEPTEMBER 30,
2012
Item #16D12
AWARD NAPLES WHOLESALE BAIT, THE ONLY VENDOR
THAT CAN MEET ALL THE REQUIREMENTS AS A SUPPLIER
AND DISTRIBUTOR OF LIVE BAIT, FOR RESALE AT
CAXAMBAS PARK, COCOHATCHEE RIVER PARK MARINA,
PORT OF THE ISLANDS MARINA, AND GOODLAND BOAT
PARK WITH AN ESTIMATED FISCAL YEAR 2012
EXPENDITURE OF APPROXIMATELY $100,000, AND
APPROVE A SEVEN DAY PAYMENT SCHEDULE — FOR LIVE
BAIT AND DELIVERY SERVICES
Item #16D13
THE CHAIRMAN TO SIGN SIGNATURE AUTHORITY FORMS
FOR THREE (3) DISASTER RECOVERY INITIATIVE (DRI)
GRANT AGREEMENTS BETWEEN THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER
COUNTY. THESE FORMS WILL UPDATE COLLIER
COUNTY'S CONTACT PERSON, FINANCIAL CONTACT
PERSON, AND DESIGNATE INDIVIDUALS AUTHORIZED TO
Page 271
October 25, 2011
SIGN REQUEST FOR FUNDS (RFF) FOR EACH OF THESE
GRANTS — FOR CONTRACT #07DB -3 V- 09- 21 -01 -ZO 1, #08DB-
D3- 09- 21- 01 -A03 AND # l ODB- D4- 09- 21- 01 -K09
Item #16D14
TIME EXTENSION OF CONTRACT #07 -4131, "GORDON RIVER
GREENWAY PARK" WITH KIMLEY -HORN & ASSOCIATES,
INC. — EXTENDING THE CONTRACT TO JUNE 30, 2012 TO
ALLOW THE CONSULTANT ADEQUATE TIME TO
COMPLETE THE PERMITTING AND DESIGN OF THIS PARK
Item #16D15
RECOGNIZING INSURANCE PROCEEDS RECEIVED FROM
JOHNS EASTERN COMPANY, INC. IN THE AMOUNT OF
$415561.33 FOR THE REPLACEMENT OF AN F -350 TRUCK
AND RELATED TRAILER AND APPROVE THE NECESSARY
BUDGET AMENDMENT — FOR AN ACCIDENT THAT
OCCURRED ON PINE RIDGE AND 951 (COLLIER BLVD.) ON
JULY 18, 2011
Item # 16E 1
MODIFICATION NO. 6 TO U.S. FISH AND WILDLIFE SERVICE
(USFWS) COOPERATIVE AGREEMENT NO. 401815J021 TO
FUND HABITAT RESTORATION AT THE RAILHEAD SCRUB
PRESERVE — EXTENDING THE COOPERATIVE AGREEMENT
PERFORMANCE PERIOD FROM JUNE 305 2011 TO
SEPTEMBER 30, 2016
Item #I 6E2
Page 272
October 25, 2011
THE CHAIRMAN TO SIGN, THREE LEASE AGREEMENTS
WITH THE FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION (FWC) IN ORDER TO ALLOW FWC TO
CONDUCT YOUTH HUNTS FOR COLLIER COUNTY
RESIDENTS AT PEPPER RANCH PRESERVE IN NOVEMBER
2011, JANUARY 2012, AND FEBRUARY 2012 — FOR FWC
CONTRACT #11182 (BEGINNING ON NOVEMBER 18, 2011,
REMAINING IN EFFECT FOR THREE DAYS), FWC
CONTRACT #11183 (BEGINNING ON JANUARY 6, 20125
REMAINING IN EFFECT FOR THREE DAYS) AND FWC
CONTRACT #11184 (BEGINNING ON FEBRUARY 24, 2012,
REMAINING IN EFFECT FOR THREE DAYS)
Item # 16E3
RESOLUTION 2011 -193: RESOLUTION THAT NAMES THE
COUNTY MANAGER AS THE BOARD'S DESIGNEE FOR THE
PURPOSE OF EXECUTING CERTIFICATES OF TITLE FOR
COUNTY -OWNED VEHICLES SET FOR SALVAGE OR
DESTRUCTION AND, PERMITTING THE COUNTY MANAGER
TO ASSIGN SUCH RESPONSIBILITIES TO THE DIRECTORS
OF THE RISK MANAGEMENT AND PURCHASING
DEPARTMENTS — FOR VEHICLES THAT WILL BE SOLD FOR
SCRAP METAL AND OR PARTS BUT NOT PLACED ON THE
ROAD
Item #I 6E4
THE CHAIRMAN TO SIGN THE ASSUMPTION AGREEMENT
FROM ALLIANCE MEDICAL, INC. (D /B /A ALLMED) TO
BOUND TREE MEDICAL, FOR VETERINARY MEDICAL
Page 273
October 25, 2011
SUPPLIES AND EQUIPMENT — STAFF WAS NOTIFIED ON
JULY 18, 2011 THAT BOUND TREE HAD PURCHASED THE
ASSETS OF ALLMED ON JULY 159 2011 AND WOULD
ASSUME ALL RIGHT AND OBLIGATIONS UNDER ITB #10-
5412
Item #16E5
FIRST AMENDMENT TO PARKING LICENSE AGREEMENT
WITH VANDERBILT REAL ESTATE HOLDINGS, LP, FOR
TEMPORARY PARKING FOR BEACH MAINTENANCE
EQUIPMENT AT A FIRST YEAR ANNUAL COST OF $69900 —
LOCATED AT THE INTERSECTION ON GULFSHORE COURT
AND CENTER STREET N. WHICH IS ADJACENT TO
VANDERBILT BEACH DRIVE
Item # 16F 1 — Moved to Item # l OF (Per Agenda Change Sheet)
Item #16172
BUDGET AMENDMENT RECOGNIZING CARRY FORWARD
FROM FY2011 FOR THE GOODLAND FIRE DISTRICT FUND
(149) IN THE AMOUNT OF $99,100 — FOR UNINTERRUPTED
SERVICE TO THE GOODLAND HORR' S ISLAND
COMMUNITY W /MUTUAL ASSISTANCE FROM THE ISLES
OF CAPRI FIRE DISTRICT PER THE LOCAL PROTOCOL
Item # 16G 1
LICENSE AGREEMENT WITH THE KING BROTHERS CIRCUS
AT THE IMMOKALEE AIRPORT FOR A ONE NIGHT EVENT —
FOR ONLY ONE NIGHT ON NOVEMBER 6, 2011
Page 274
October 25, 2011
Item #161-11
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE 2011 UNITED WAY OF
COLLIER COUNTY CAMPAIGN RECOGNITION BREAKFAST
ON OCTOBER 4, 2011 AT THE NAPLES HILTON IN NAPLES,
FL. $20 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL
BUDGET — LOCATED AT 5111 TAMIAMI TRAIL NORTH,
NAPLES
Item #161-12
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE 2011 DISTINGUISHED
PUBLIC SERVICE AWARDS PRESENTED BY THE GREATER
NAPLES CHAMBER OF COMMERCE ON OCTOBER 12, 2011
AT THE NAPLES HILTON HOTEL IN NAPLES, FL. $20 TO BE
PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET -
LOCATED AT 5111 TAMIAMI TRAIL NORTH, NAPLES
Item #161-13
COMMISSIONER HENNING'S REQUEST REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. HE ATTENDED THE SOUTHWEST FLORIDA
HISPANIC CHAMBER OF COMMERCE LUNCHEON ON
OCTOBER 18, 2011 AT NOODLES 1585 PINE RIDGE ROAD,
NAPLES, FL. $16 TO BE PAID FROM COMMISSIONER
HENNING'S TRAVEL BUDGET
Page 275
October 25, 2011
Item # 16I
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 276
16I1
THERE WAS NO MISCELLANEOUS
CORRESPONDENCE SUBMITTED FOR
THE BOARD OF COUNTY COMMISSIONERS
MEETING HELD OCTOBER 25, 2011
October 25, 2011
Item # 16J 1
INTERLOCAL AGREEMENT FOR ELECTION SERVICES
BETWEEN EVERGLADES CITY AND COLLIER COUNTY IN
CONNECTION WITH THE CITY'S NEXT REGULARLY
SCHEDULED MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 22, 2011
Item #I 6J2
DISBURSEMENTS FOR THE PERIOD OF SEPTEMBER 24, 2011
THROUGH SEPTEMBER 30, 2011 AND FOR SUBMISSION
INTO THE OFFICIAL RECORDS OF THE BOARD
Item #I 6J3
DISBURSEMENTS FOR THE PERIOD OF OCTOBER 1, 2011
THROUGH OCTOBER 7, 2011 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item # 16J4
USE OF CONFISCATED TRUST FUNDS FOR THE PURCHASE
OF A DARE VEHICLE FOR COMMUNITY AWARENESS —
OFFERING AN EDUCATIONAL SEARCH BASED PROGRAM
FOR FIFTH GRADERS, THE OFFICERS ARE WORKING TO
PREVENT /REDUCE DRUG ABUSE & VIOLENCE AMONG
OUR YOUTH, PREVENTION STRATEGIES THAT ENHANCE A
YOUTH'S PROTECTIVE FACTORS AND PROVIDE OUR
YOUTH WITH THE STRONG STATEMENT "NOT JUST DRUG
DEALERS DRIVE NICE CARS"
Page 277
October 25, 2011
Item #I 6J5
PURSUANT TO FLORIDA STATUTE 318.18(13)(B) THE CLERK
OF THE CIRCUIT COURT IS REQUIRED TO FILE THE
AMOUNT OF TRAFFIC INFRACTION SURCHARGES
COLLECTED UNDER FLORIDA STATUTE 318.18(13)(A)(1)
WITH THE BOARD OF COUNTY COMMISSIONERS — THE
COLLECTED SURCHARGE REPORT IS REQUIRED TO BE
FILED AND PROVIDED TO THE CIRCUIT CHIEF JUDGE, THE
GOVERNOR, THE PRESIDENT OF THE SENATE AND
SPEAKER OF THE HOUSE OF REPRESENTATIVES
Item # 16J6
INVESTMENT STATUS UPDATE AND REPORT FOR THE
QUARTER ENDING SEPTEMBER 30, 2011
Item # 16K 1
RETENTION AGREEMENT FOR LEGAL SERVICES WITH THE
LAW FIRM OF GARDNER, BIST, WIENER, WADSWORTH,
BOWDEN, BUSH, DEE, LAVIA & WRIGHT, P.A. — SERVICES
PROVIDED BY DAVID S. DEE FOR HIS PARTICULAR
EXPERTISE IN LOCAL GOVERNMENT LAW,
ENVIRONMENTAL LAW, PERMITTING OF SOLID WASTE
FACILITIES AND RELATED ISSUES
Item #I 6K2
RESOLUTION 2011 -194: RESOLUTION AUTHORIZING THE
COLLIER COUNTY INDUSTRIAL DEVELOPMENT
AUTHORITY TO ISSUE REVENUE BONDS TO REFUND
Page 278
October 25, 2011
BONDS PREVIOUSLY ISSUED FOR HEALTHCARE
FACILITIES AT NAPLES COMMUNITY HOSPITAL
Item #17A
RESOLUTION 2011 -195: VA- PL2010 -1654, A RESOLUTION OF
THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,
FLORIDA RELATING TO PETITION NUMBER VA- PL2010 -1654
FOR A VARIANCE FROM THE REQUIRED 30 FOOT SIDE
SETBACK IN THE ESTATE ZONING DISTRICT TO PERMIT A
SIDE SETBACK OF 23.43 + /- FEET ON PROPERTY LOCATED
AT 4750 18TH AVE. S.E. HEREINAFTER DESCRIBED IN
COLLIER COUNTY, FLORIDA
Item # 17B
ORDINANCE 2011-39: ORDINANCE AMENDING ORDINANCE
NO. 2002 -52, WHICH ESTABLISHED THE IMMOKALEE
BEAUTIFICATION ADVISORY COMMITTEE, IN ORDER TO
ALLOW THE IMMOKALEE COMMUNITY REDEVELOPMENT
AGENCY, THROUGH ITS EXECUTIVE DIRECTOR, TO
ASSUME ADMINISTRATIVE AND MANAGEMENT DUTIES
OF THE IMMOKALEE BEAUTIFICATION MUNICIPAL
SERVICE TAXING UNIT SUCH AS EMPLOYING STAFF TO
ASSIST THE COMMITTEE. (THIS ITEM IS A COMPANION TO
ITEM 16B3)
Page 279
October 25, 2011
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 6:14 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
')-L4
FRED COYLE, CHAIRMAN
ATTEST
DWIGII )' B *kdC ;'CLERK
twt f.
si is =1�04 CHs't
These minutes a p Y roved b the Board onDeui,, L I
as presented or as corrected -21Z7 A
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS, COURT
REPORTER AND NOTARY PUBLIC.
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