BCC Minutes 02/10/2015 R BCC
REGULAR
MEETING
MINUTES
February 10, 2015
February 10, 2015
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, February 10, 2015
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: Tim Nance
Donna Fiala
Georgia Hiller
Tom Henning
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Office of the Clerk of Courts
Tim Durham, Executive Manager of Business Operations
Troy Miller, Communications & Customer Relations
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
r
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
February 10, 2015
9:00 AM
Commissioner Tim Nance, District 5 — BCC Chair
Commissioner Donna Fiala, District 1 — BCC Vice-Chair; CRA Chair
Commissioner Georgia Hiller, District 2 - Community & Economic Dev. Chair
Commissioner Tom Henning, District 3 — PSCC Chair
Commissioner Penny Taylor, District 4 — TDC Chair; CRA Vice-Chair
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER 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 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
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February 10, 2015
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 FACILITIES MANAGEMENT DEPARTMENT.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Dr. Hayes Wicker—First Baptist Church of Naples
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 agenda.)
B. January 13, 2015 - BCC/Regular Meeting Minutes
3. SERVICE AWARDS
4. PROCLAMATIONS
A. Proclamation honoring the memory of Annie Wynn and recognizing her
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February 10, 2015
contributions to the community. To be accepted by Jerry Wynn, Tim Wynn,
Linda Wynn Smith, Katie Wynn, Jeff Wynn and Michael Wynn. Sponsored
by Commissioner Hiller.
B. Proclamation recognizing February 2015 as Senior Independence Month.
To be accepted by Vickijo Lechworth, LCA Chair, The Shelter for Abused
Women and Children; Dr Jaclyn Faffer, Immediate Past LCA Chair, the
JFCS Senior Center; Harriet Lancaster, Collier Senior Resources: Tatiana
Fortune, Golden Gate Senior Center; Heather Baker, NCH Brookdale Center
for Healthy Aging and Rehabilitation; Mark Hahn, Medicare Home Care
Agencies. Sponsored by Commissioner Fiala.
C. Proclamation congratulating the Coalition of Immokalee Workers, which
was awarded a 2014 Presidential Medal in Washington, D.C. for their
extraordinary efforts fighting Human Trafficking. To be accepted by
Guadalupe Gonzalo, Gerardo Reyes-Chavez, Cruz Salucio and Silvia Perez
of the Coalition. Sponsored by Commissioner Hiller.
5. PRESENTATIONS
A. Recommendation to recognize Louise Pelletier, Manager-Senior Programs
and Social Service, Public Services Division as Supervisor of the Year 2014.
B. Presentation of the Collier County Business of the Month for February 2015
to Adams Foods Inc. To be accepted by Christina Meisenhelter, Owner,
Adams Foods, Inc.; Elizabeth Nunez, Marketing Coordinator, Adams Foods
Inc.; and Russ Burland, Account Executive, the Greater Naples Chamber of
Commerce.
6. PUBLIC PETITIONS
A. Public Petition request from Nell Hurley Efird, Jr. requesting a refund of the
fine portion paid to release the code enforcement lien against 541 100th
Avenue North, Naples, FL.
B. Public Petition request from Kaydee Tuff regarding the farmer's market at
the Golden Gate Community Center.
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
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February 10, 2015
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
Item #8 and #9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation that the Board of County Commissioners recreates the
Executive Director position for the Bayshore Gateway Triangle Community
Redevelopment Agency (CRA) and appoints Jean Jourdan as its Executive
Director, making her a direct report to the Collier County Redevelopment
Agency, and direct the County Attorney to work with the Chair of the CRA
and Ms. Jourdan on an employment agreement. (Commissioner Fiala)
B. Recommendation to approve a County matching contribution for completion
of the Freedom Memorial located at Fred W. Coyle Freedom Park.
(Commissioner Hiller)
11. COUNTY MANAGER'S REPORT
A. Recommendation to provide direction to the County Manager or his
designee on the timing and funding for amending the Collier County Growth
Management Plan (GMP). (Mike Bosi, Zoning Director)
B. Recommendation to adopt a Resolution supporting a regional initiative
aimed at implementing the Golden Gate Watershed Improvement Program
(GGWIP). (Nick Casalanguida, Growth Management)
C. Recommendation to approve a policy governing the painting and/or the
repainting of Collier County maintained traffic signal and street light pole
structures and request for direction from the Board of County
Commissioners for a painting policy on new structure installations. (Jay
Ahmad, Transportation Engineering Director)
D. This item to be heard at 2:00 p.m. Recommendation to provide direction
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February 10, 2015
regarding the operation of"Open Air Markets" within Collier County Parks
and other properties. (Barry Williams, Parks and Recreation Director)
E. This item to be heard at 10:30 a.m. Recommendation to accept a status
report regarding the staff review of prospective sites for the Southwest
Florida Soccer Foundation Soccer Complex. (Amanda Townsend, Public
Services Operations Support Director)
F. Recommendation to approve a Memorandum of Agreement between the
Collier County Water-Sewer District, the Solid and Hazardous Waste
Management Department, and the Parks and Recreation Department related
to the Northeast Facilities land acquisition. (George Yilmaz, Public Utilities)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to approve final acceptance of the water and sewer
utility facilities for VeronaWalk Phase 4C-5 and 4C-6,
PL20130000552, and to authorize the County Manager, or his
designee, to release the Final Obligation Bond in the amount of
$4,000 to the Project Engineer or the Developer's designated agent.
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February 10, 2015
2) Recommendation to approve final acceptance of the water utility
facility for Gaspar Station, Phase 1, PL20130000666, and to authorize
the County Manager, or his designee, to release the Final Obligation
Bond in the amount of$4,000 to the Project Engineer or the
Developer's designated agent.
3) Recommendation to approve final acceptance of the privately owned
utility facility for Naples Lake Country Club, PL20130000663, and
authorize the County Manager, or his designee, to release a Utility
Performance Security (UPS) and Final Obligation Bond in the total
amount of$8,249.30 to the Project Engineer or the Developer's
designated agent.
4) Recommendation to approve an extension of five years for completion
of subdivision improvements associated with Andalucia (AR-6156)
pursuant to Section 10.02.05 C.2 of the Collier County Land
Development Code.
5) 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 Windward Isle, (Application
Number PL20140000741) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
6) 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 minor final plat of Winding Cypress Unit
Two, Application Number PL20140001878.
7) Recommendation to review the proposed zoning map changes and
support documentation, and direct the Chairman to sign the official
zoning maps.
8) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
236RDUE) required for the expansion of Golden Gate Boulevard
from east of Wilson Boulevard to 20th Street East, together with its
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February 10, 2015
companion easement agreement for the purchase of a Road Right-of-
Way, Drainage and Utility Easement (Parcel 419RDUE) required for
the expansion of Golden Gate Boulevard from 20th Street East to
DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $25,100).
9) Recommendation to award Invitation to Bid (ITB) #15-6370,
Motorola Central Control Irrigation Supplies and Services to
Contemporary Controls & Communications, Inc.
10) Recommendation to review and approve the list of proposed projects
to be submitted for the FY 2016 Big Cypress Basin Local Partnership
Grants Program.
11) Recommendation to approve a quote from the Conservancy of
Southwest Florida to provide two (2) years of Shorebird Monitoring
for four (4) Collier County beach renourishment projects, authorize
the County Manager or his designee to execute the purchase order for
a not to exceed amount of$29,600, and make a finding that this
expenditure promotes tourism.
12) Recommendation to adopt a Resolution establishing the Golden Gate
Watershed Improvement Program Technical Advisory Ad-Hoc
Committee for 12 months.
13) Recommendation to approve the release of a code enforcement lien
with a net accrued value of$35,754.99, for payment of$450, in the
code enforcement action entitled Board of County Commissioners v.
Carlos I. Hernandez and Maria A. Carranza, Code Enforcement Board
Case No. CEVR20100021320, relating to property located at 1855
42nd Street SW, Collier County, Florida.
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DIVISION
D. PUBLIC SERVICES DIVISION
1) Recommendation to authorize execution of the grant award for the
Federal Transit Administration 49 U.S.C. § 5339 FY14 grant award in
the amount of$365,428 and appropriate a budget amendment.
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February 10,2015
2) Recommendation to approve a release acknowledging completion of
the requirements set forth in the Agreement Authorizing an
Affordable Housing Density Bonus and Imposing Covenants and
Restrictions on Real Property for the Somerset Palm Apartments.
3) Recommendation to accept a Federal Transit Administration Section
5310 Grant award in the amount of$541,489, authorize the necessary
budget amendments, and approve the purchase of five paratransit
vehicles and radios using those funds.
4) Recommendation to approve and authorize the Chairman to sign a
satisfaction of mortgage due to the death of the property owner in
accordance with the terms of the Promissory Note.
5) Recommendation to approve four Disaster Recovery Grant Signature
Authority Forms for submittal to the Florida Department of Economic
Opportunity.
6) Recommendation to approve a Collier County Tourist Development
Council Category "A" grant application for Beach Park Facilities in
the amount of$600,000 to upgrade and expand the Naples Pier
restrooms, authorize the Chairman to execute the necessary grant
agreement, and to make the finding that the project promotes tourism.
7) Recommendation to reaffirm the use of the previous awarded
Invitation to Bid #14-6278RR "Aquatic Maintenance Support
Services" with Tri-City Pools, Inc. for Sections A and B Preventative
Maintenance work only; approve purchase orders issued for "on -call"
services through January 31, 2015 to Tri-City Pools; and procure "on-
call" maintenance repair services utilizing the applicable quotation
and formal bid provisions in the Board adopted purchasing ordinance.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to ratify Property, Casualty, Workers'
Compensation and Subrogation claim files settled and/or closed by the
Risk Management Director pursuant to Resolution #2004-15 for the
first quarter of FY 15.
2) Recommendation to adopt a resolution authorizing the removal of
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February 10, 2015
7,102 ambulance service accounts and their respective uncollectible
accounts receivable balances which total $5,510,345.36, from the
accounts receivable of Collier County Fund 490 (Emergency Medical
Services) finding diligent efforts to collect have been exhausted and
proved unsuccessful.
3) Recommendation to approve a Lease Agreement with Interfaith
Action of Southwest Florida, Inc. to utilize a location on a county-
owned communications tower in Immokalee.
4) Recommendation to approve a Memorandum of Understanding
between Collier County and the Collier EMS/Fire Bargaining Unit,
Southwest Florida Professional Firefighters Local 1826, International
Association of Firefighters, Incorporated.
5) Recommendation to accept reports and ratify staff-approved change
orders and changes to work orders.
6) Recommendation to approve the submittal of a Volunteer Fire
Assistance Grant Application in the amount of$2,100 to purchase
Class A Foam for the Ochopee Fire Control District. (County Match:
$1,050)
7) Recommendation to authorize the County Attorney to advertise an
Ordinance creating the Fiddler's Creek Municipal Rescue and Fire
Services MSTU and Amendment to the Isles of Capri Fire and Rescue
Services MSTU to remove the Fiddler's Creek Area from within the
MSTU.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve an assignment of impact fee credits in
the amount of$15,215.84 held by the First Congregational Church for
right of way that was conveyed to the County per Resolution 08-335.
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2014-15 Adopted Budget.
3) Recommendation to approve a Lease Agreement with Kraft Office
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Center, LLC for dedicated office space to house the County's Soft
Landing Business Accelerator program.
4) Recommendation to authorize the advertisement of an ordinance for
future consideration which would amend Ordinance No. 2013-40, the
"Collier County Administrator's Ordinance.
5) Recommendation to approve modifications to the 2015 Fiscal Year
Classification Plan made to classification titles of Administrators and
Directors.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to appoint a member to the Coastal Advisory
Committee.
2) Recommendation to reappoint a member to the Contractor's Licensing
Board.
3) Recommendation to appoint four members to the Code Enforcement
Board.
4) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Southwest Florida Business Leaders Luncheon on
February 6, 2015. The sum of$35 to be paid from Commissioner
Fiala's travel budget.
5) Recommendation to adopt a Resolution petitioning Governor Rick
Scott and the Florida Legislature to enact legislation that will restore
the local School Board's control of educational standards, curriculum,
and student assessments.
6) Recommendation to declare the attendance by Commissioner(s) and
staff at Florida Association of Counties Legislative Day Conference,
March 25-27, 2015, to be a valid public purpose.
MISCELLANEOUS CORRESPONDENCE
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February 10, 2015
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to authorize a budget amendment in the amount of
$250,000 from the Clerk's Court Agency Fund 651 to the Sheriff for
criminal justice training and educational expenses in accordance with
Section 938.15, Florida Statutes
2) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of January 22, 2015 through
January 28, 2015.
3) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of January 29, 2015 through
February 4, 2015.
K. COUNTY ATTORNEY
1) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners against
F & H Electrical Contractors, Inc., d/b/a F & H Contractors and
Florida Power & Light (FPL) for $17,378.43 in damages incurred
when they breached an 8" force main owned by the County.
2) Recommendation to approve retention of Joseph Roles and
Associates, Inc., for expert witness litigation support services for
LASIP Project No. 51101 - Crews, Cope, Sandy Lane in an amount
not to exceed $30,000. Fiscal Impact $30,000.
3) Recommendation to approve the hiring of Charles S. Stratton, P.A. to
act as mediator in the eminent domain case styled Collier County v.
RTG, LLC., et al., Case No. 13-CA-259, in order to conduct
mediation regarding full compensation owed ABC Liquors for the
taking of parcels required for the US 41/CR 951 Intersection Project.
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
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February 10, 2015
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. Recommendation to approve (adopt) the Henderson Creek Mixed Use
Subdistrict/Mixed Use Activity Center (#18) Subdistrict small-scale
amendment to Collier County Growth Management Plan, Ordinance 89-05,
as Amended, for transmittal to Florida Department of Economic Opportunity
(Adoption Hearing) (PL20140000534/CPSS-2014-3) [Companion Petition
PUDA-PL20140000477] This is a companion to Item #17B.
B. 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 an Ordinance
amending Ordinance Number 2008-50 which established the Tamiami
Crossing Commercial Planned Unit Development to retain the density of
235,000 square feet of commercial uses; to replace Exhibit C-1 Master Plan
for large format retail and Exhibit C-2 Master Plan B for multi-tenant
retailers with Exhibit C, a new Master Plan; to revise Development
Standards including an actual height increase from 40 to 50 feet and a zoned
height increase from 35 to 45 feet; to add Deviations regarding directory
signs; and to modify and delete Development Commitments. The subject
property is located on the southeast quadrant of US 41 and Collier
Boulevard in Section 3, Township 51 South, Range 26 East, Collier County,
Florida, consisting of 24.5± acres; and by providing an effective date.
(Petition PUDA-PL20140000477) This is a companion to Item #17A.
C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20140002499 to disclaim, renounce and vacate the County and the public
interest in a portion of Veterans Memorial Boulevard Right-of-Way
described in Official Record Book 4829, pages 355 through 357 of the
Public Records of Collier County, Florida, located in Section 7, Township
48 South, Range 26 East, Collier County, Florida.
D. Recommendation that the Collier County Board of County Commissioners
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February 10, 2015
as the Community Redevelopment Agency adopt an ordinance amending
Ordinance No. 2002-38, "The Collier County Redevelopment Grant
Program Ordinance," to add a Commercial Sweat Equity Grant Program for
the Immokalee Community Redevelopment Area.
E. Recommendation to adopt an Ordinance amending Conservation Collier
Ordinance 2002-63, as amended, to modify the number of members on the
Conservation Collier Land Acquisition Advisory Committee (CCLAAC)
during times when active acquisition is not occurring from nine to seven and
the quorum requirements from five to four members.
F. Recommendation to adopt an ordinance amending Chapter 74 of the Collier
County Code of Laws and Ordinances, which is the Collier County
Consolidated Impact Fee Ordinance, providing for the incorporation by
reference of three impact fee studies; amending the Road Impact Fee rate
schedule, which is Schedule One of Appendix A, the Water and Wastewater
Impact Fee rate schedule, which is Schedule Two of Appendix A, and the
Correctional Facilities Impact Fee rate schedule, which is Schedule Four of
Appendix A; providing for updates to definitions for compliance with update
studies and methodology; providing that impact fees are assessed using the
rates in effect (1) when the building permit application is submitted, or (2) at
the time of the issuance of a certificate of occupancy or certificate of
completion for the development, whichever is less; correcting a date used for
terms of deferrals; amending provisions related to the imposition of Water
and Wastewater Impact Fees to comply with the study and methodology
updates; and providing for an effective date of February 17, 2015 for all rate
categories that are decreasing and a delayed effective date of May 11, 2015
for all rate categories that are increasing, in accordance with the 90-day
notice requirements set forth in Section 163.31801(3)(d), Florida Statutes.
G. Staff recommends this item be continued to the February 24, 2015 BCC
Meeting. Recommendation to adopt an Ordinance amending Ordinance No.
89-11, removing "Key Island" from the attached list of barrier islands to
provide consistent enforcement of activities on Key Island.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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February 10, 2015
February 10, 2015
MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN NANCE: Good morning, ladies and gentlemen.
Welcome to the February 10, 2015, Board of County Commission
meeting.
At this time I would ask each of you to help us have a good
meeting by turning your cell phones to silent and your other electronic
devices.
Our invocation this morning will be given to us by Dr. Hayes
Wicker from the First Baptist Church of Naples. I would ask you to
stand for the invocation and remain standing for the Pledge of
Allegiance, which will be led today by Commissioner Fiala.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE — GIVEN BY
DR. HAUES WICKER OF FIRST BAPTIST CHURCH OF NAPLES
DR. WICKER: Let's pray. Our Heavenly Father, we thank you
for allowing us to live in this beautiful, wonderful place that we often
call paradise. And we know, Lord, that so much of where we are and
what we do is because of your blessed government, the people who
serve us and help us and lead us. And we ask today, Lord, that you
give them unique wisdom and discernment and understanding in all the
matters they discuss.
And, Father, we thank you for our nation and the freedom that we
can even pray out loud at this point, and we pray for those who are in
embattled and persecuted and struggling around the globe who don't
have the liberty that we have.
We pray for our leaders in government in Washington as well as
-- in Tallahassee as well, that you'd give them divine direction and
wisdom beyond their years and their knowledge.
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February 10, 2015
And, Father, we thank you for the recognition, a moment (sic) of
Anne Wynn and for the Wynn family and what pioneers and what a
foundation of our nation -- of our community that they have been.
And, Lord, we know that we rise up and call Annie Wynn
blessed, just as so many others did with her husband Don. God help us
today to never forget you, because in you we trust.
And I pray this in the name of Christ, amen.
COMMISSIONER FIALA: And now I ask you all to please put
your hands over your heart and say with me --
(The Pledge of Allegiance was recited in unison.)
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE
PROVIDED BY COMMISSION MEMBERS FOR CONSENT
AGENDA) — APPROVED AND/OR ADOPTED W/CHANGES
CHAIRMAN NANCE: All right. That takes us to No. 2A,
which is approval of today's regular, consent, and summary agenda, as
well as ex parte disclosure by the commissioners.
Would you like to begin, Commissioner Taylor?
COMMISSIONER TAYLOR: I have nothing to explain with
respect to the items, and that's it, right?
CHAIRMAN NANCE: Yes. And no further changes to the
agenda, ma'am?
COMMISSIONER TAYLOR: The changes are here in front of
us. Do you need to read those into the record?
CHAIRMAN NANCE: Yes.
MR. OCHS: Mr. Chairman, would you like me to go through the
change sheet?
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February 10, 2015
CHAIRMAN NANCE: Yes, please, sir.
MR. OCHS: Thank you. Good morning, Commissioners. These
are the proposed agenda changes for the Board of County
Commissioners' meeting of February 10, 2015.
The first two items, Commissioners, are related to the same item,
16F3. Commissioner Henning had asked to move that to the regular
agenda this morning. Commissioner Taylor has asked for that item to
be continued to the next board meeting to allow some additional time
for our staff and the clerk's staff to review the item. The board can
decide which they would like to do.
The next change is proposed by Commissioner Hiller, and I'm
told that instead of moving this to the regular agenda for discussion,
the intent was to request a continuance of Item 16H5 until the February
24th BCC meeting.
There's one agenda note, Commissioners, and that relates to Item
16E7 where we are striking the reference to the Community
Development District No. 2 in the Fiddler's Creek proposed MSTU.
We have three time certains on today's agenda. The first is at
10:00 a.m. That will be Item 10B. Item 11E will be heard at 10:30
a.m. And, finally, Item 11D is scheduled to be heard at 2:00 p.m.
And those are all the changes I have this morning, Mr. Chairman.
CHAIRMAN NANCE: Thank you, Mr. Ochs.
Let us address as a board the question of 16F3 and to decide
together whether we would like to move it to agenda Item 11G or to
continue that item. Is there discussion on that?
COMMISSIONER HILLER: Motion to continue.
COMMISSIONER FIALA: I'll second the motion.
CHAIRMAN NANCE: There's a motion to continue and a
second.
Any further discussion?
Commissioner Henning, any discussion?
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February 10, 2015
COMMISSIONER HENNING: No, I'm all in favor of that.
CHAIRMAN NANCE: All right. All those in favor of
continuing, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: All right. It passes unanimously. It will
be continued.
Let's also address the 16H5 to Item 10C. Is there any discussion
on Commissioner Henning's motion to continue that item to the 2/24
meeting?
COMMISSIONER HILLER: Motion to continue.
COMMISSIONER FIALA: Pardon me?
COMMISSIONER HILLER: Motion to continue.
COMMISSIONER FIALA: I second that.
COMMISSIONER HILLER: 16H5.
CHAIRMAN NANCE: Okay. There's a motion to continue
16H5 to the 2/24 BCC motion (sic) and a second by Commissioner
Fiala.
Any discussion?
COMMISSIONER TAYLOR: Yeah. I just would like the
reasoning behind it and --
COMMISSIONER HILLER: Because the school board is
meeting tonight to address their legislative priorities, and I don't
believe that we should even address this till they have set what their
agenda is, and then at that point we should make a decision whether
we would like to endorse them or not or vary (sic) --
Page 5
February 10, 2015
COMMISSIONER TAYLOR: I think that's sound reasoning.
COMMISSIONER HILLER: -- in whole or part.
COMMISSIONER TAYLOR: I would support the motion.
COMMISSIONER HILLER: Thank you.
CHAIRMAN NANCE: Any other discussion?
(No response.)
CHAIRMAN NANCE: There's a motion by Commissioner
Hiller and a second by Commissioner Fiala to continue this item.
All those in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: All right. That passes unanimously.
All right. Let's continue --
COMMISSIONER HILLER: Hang on a second, Commissioner
Nance. You've got -- you addressed 16F3 to 11G, which we said we
were going to continue. We made a motion for that.
CHAIRMAN NANCE: Yes.
COMMISSIONER HILLER: But then the continuance of 16F3
to the February 24, 2015 --
CHAIRMAN NANCE: That's what we just did. We voted to
continue. It's the same item, ma'am, 16F3 --
COMMISSIONER HILLER: Oh, okay. Oh, I see because
they've got --
CHAIRMAN NANCE: There were two recommendations. One
was to put it on the regular agenda and the other -- okay.
COMMISSIONER HILLER: Yep, forgive me. I see. So
Page 6
February 10, 2015
Commissioner Henning wanted it on the regular and Commissioner
Taylor wanted it continued, and we voted to continue. I understand.
Thank you.
CHAIRMAN NANCE: All right. Let us continue with any
further changes to the agenda and ex parte. Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you very much.
On the consent agenda, 16A6, which is the Winding Cypress
development, I've had meetings, correspondence, emails, and also
updates from the staff.
On the summary agenda, 17B, which is Tamiami Crossings, boy,
I've had lots of meetings on that and correspondence and emails and
staff report.
And that's it for me as far as consent and summary.
CHAIRMAN NANCE: Thank you. I have no further to today's
-- no further changes to today's agenda.
I have read the staff report on Item 17B on this summary agenda,
which is the Tamiami Crossing PUD.
Commissioner Hiller?
COMMISSIONER HILLER: I have no further changes to the
agenda. On the summary I have one disclosure. I had a phone call
with Attorney Bruce Anderson with respect to 17C, and I've reviewed
the staff report with respect to 17B.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Good morning.
I have received the Planning Commission -- or staffs
communication to the Planning Commission on 17B.
I would like to move 16D, David, 7, from the consent to the
regular agenda.
COMMISSIONER FIALA: It's the Tri-City pool.
COMMISSIONER HENNING: Correct.
MR. OCHS: That would become Item 11G on your agenda.
Page 7
February 10, 2015
COMMISSIONER HENNING: That's all I have.
Motion to approve today's agenda as amended.
CHAIRMAN NANCE: Is there a second?
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: There's a motion and second to approve
today's agenda as amended.
Any discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: All those opposed?
(No response.)
CHAIRMAN NANCE: It passes unanimously.
Page 8
Proposed Agenda Changes
Board of County Commissioners Meeting
February 10,2015
Move Item 16F3 to Item 11G: Recommendation to approve a Lease Agreement with Kraft Office
Center LLC for dedicated office space to house the County's Soft Landing Business Accelerator
program. (Commissioner Henning's request)
Continue Item 16F3 to the February 24,2015 BCC Meeting: Recommendation to approve a
Lease Agreement with Kraft Office Center LLC for dedicated office space to house the County's
Soft Landing Business Accelerator program. (Commissioner Taylor's request)
Move Item 16115 to Item 10C: Recommendation to adopt a Resolution petitioning Governor Rick
Scott and the Florida Legislature to enact legislation that will restore the local School Boards'
control of educational standards,curriculum,and student assessments. (Commissioner Hiller's
request)
Note:
Item 16E7: The Ordinance Amending the Isles of Capri Municipal Rescue and Fire Services
Taxing District is revised to strike the following: THE FIDDLER'S CREEK COMMUNITY
- from the Title, and from the third
"Whereas" clause. (County Attorney's request)
Time Certain Items:
Item 10B to be heard at 10:00 a.m.
Item 11E to be heard at 10:30 a.m.
Item 11D to be heard at 2:00 p.m.
2/10/21115 8:25 AM
February 10, 2015
Item #2B
BCC REGULAR MEETING MINUTES FOR JANUARY 13, 2015 -
APPROVED AS PRESENTED
CHAIRMAN NANCE: All right. Approval of the January 13,
2015, BCC regular meeting minutes.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: Motion to approve and a second.
Any discussion?
(No response.)
CHAIRMAN NANCE: All those in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: Okay. That passes unanimously.
All right, Mr. Ochs.
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
PROCLAMATION HONORING THE MEMORY OF ANNIE
Page 9
February 10, 2015
WYNN AND RECOGNIZING HER CONTRIBUTIONS TO THE
COMMUNITY. ACCEPTED BY JERRY WYNN, TIM WYNN,
LINDA WYNN SMITH, KATIE WYNN, JEFF WYNN AND
MICHAEL WYNN — ADOPTED
MR. OCHS: Yes, sir. Mr. Chairman, that takes us to
proclamations.
Item 4A is a proclamation honoring the memory of Annie Wynn
and recognizing her contributions to the community. To be accepted
by Jerry Wynn, Tim Wynn, Linda Wynn Smith, Katie Wynn, Jeff
Wynn, and Michael Wynn. And this item is sponsored by
Commissioner Hiller.
If you would please step forward and receive your proclamation.
(Applause.)
COMMISSIONER FIALA: It's kind of fun to see the whole clan
together.
COMMISSIONER HILLER: You may want to center yourselves
around Commissioner Nance.
Before we hear comments from Michael Wynn, I'd like to take
this opportunity to read the proclamation.
Annie was a wonderful woman and the matriarch of the Wynn
family, and we owe her and the family a great deal as a community, so
let me begin.
Whereas, on behalf of the residents of Collier County, the Board
of Collier County Commissioners would like to honor the life of Annie
Wynn, one of our community's early pioneers; and,
Whereas, Mrs. Wynn was born in Montgomery, Alabama, on St.
Patrick's Day, March 17, 1925, and moved to Everglades City in 1931
at the age of six following the death of her mother; and,
Whereas, Mrs. Wynn lived and worked in the old laundry
building in Everglades City, the community laundry building, and now
Page 10
February 10, 2015
a designated historical site, with her aunt, uncle, and a few siblings;
and,
Whereas, Mrs. Wynn moved to Naples after high school working
for Mr. Canant at the electrical power office. It was after she moved to
Naples that she was introduced to her future husband, Don Wynn, in
the aisles of the family grocery store. They were married for 60 years;
and,
Whereas, Mrs. Wynn dedicated herself to sustaining the family
business, running the register with her first son on her hip until the
birth of her second child; and,
Whereas, Mrs. Wynn followed her work in the family business
with a job of raising her five children; and,
Whereas, Mrs. Wynn believed in directly helping those less
fortunate as well as supporting countless organizations that created a
safety net for those needing a helping hand; and,
Whereas, Mrs. Wynn was a woman of unwavering faith and a
long-time supporter of the First Baptist Church of Naples, supporting
the church from its original downtown location to its location on Pine
Ridge Road and finally to its current location off Orange Blossom
Road; and,
Whereas, the Board of Collier County Commissioners would like
to officially recognize Mrs. Wynn for a lifetime of dedicated service to
our community.
Now, therefore, be it proclaimed that the Collier County Board of
County Commissioners hereby honors the life and work of Annie
Wynn and expresses its most sincere sympathy to her family for their
loss of this great woman.
MICHAEL WYNN: Thank you very much, Georgia.
Thank you, Commissioners, for offering this proclamation in
honor of my grandmother, Anne Wynn. Although she wasn't one to
seek the spotlight, she certainly would have been appreciative of the
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February 10, 2015
recognition that you offered her today, and she would have also been
grateful for you taking time out of your busy schedules to be able to
share some kind words about her.
Now, of course, we all have mothers and grandmothers that we
think the world of and hold dear, but there was something truly special
about Anne Wynn based on the number of lives that she touched.
And we were fortunate growing up to not only be able to hear the
stories about the families that she helped, about the families that were
able to charge at the grocery store for months on end on credit until
their financial circumstances could be turned right, but we also were
able to witness directly her compassion and caring for others.
And I'd like to think that Anne Wynn really represented what we
respect and love most about the Naples Community and the spirit of
this community. She had an industrious work ethic, she had a generous
heart, and she had a fun-loving soul that knew how to enjoy the
beautiful environment that we've been blessed with, and there are few
smiles or laughs that could warm your heart as hers could.
Now, to see her, you couldn't help but recognize her small frame
and posture, but to know her, you couldn't help but be in awe of her
powerful spirit and faith.
Now, to be clear, I am clearly biased in my opinion of my
grandmother; however, I have spoken to hundreds of objective
witnesses that attest to her character and her compassion in no less
glowing terms than I have here today.
So this proclamation is really just one of many reminders that
we'll continue to share to honor her legacy of helping those less
fortunate, and we pledge to do our best to follow her example in giving
back to the community that has given so much to us.
Thank you again.
COMMISSIONER HILLER: Thank you.
(Applause.)
Page 12
February 10, 2015
COMMISSIONER TAYLOR: And before we leave the Wynn
family, I think the tradition of your grandmother is continued at your
incredible generosity on underwriting the reception for Mary Ellen,
and you did it without blinking, you did it from your heart, you did it
because you knew how important Mary Ellen Hawkins was to this
community, and it just speaks that the tradition is continued, and thank
you.
COMMISSIONER FIALA: And as long as you're saying that, I
am going to welcome you into my East Naples community. Your store
is coming along beautifully. I can hardly wait to shop there.
CHAIRMAN NANCE: Yes, sir.
Item #4B
PROCLAMATION RECOGNIZING FEBRUARY 2015 AS
SENIOR INDEPENDENCE MONTH. ACCEPTED BY VICKIJO
LECHWORTH, LCA CHAIR, THE SHELTER FOR ABUSED
WOMEN AND CHILDREN; DR. JACLYN FAFFER, IMMEDIATE
PAST LCA CHAIR, THE JFCS SENIOR CENTER; HARRIET
LANCASTER, COLLIER SENIOR RESOURCES: TATIANA
FORTUNE, GOLDEN GATE SENIOR CENTER; HEATHER
BAKER, NCH BROOKDALE CENTER FOR HEALTHY AGING
AND REHABILITATION; AND MARK HAHN, MEDICARE
HOME CARE AGENCIES — ADOPTED
MR. OCHS: Item 4B is a proclamation recognizing February
2015 as Senior Independence Month. To be accepted by VickiJo
Lechworth, LCA Chair, the Shelter for Abused Women and Children;
Dr. Jaclyn Faffer, immediate past LCA Chair; the JFCS Senior Center;
Harriet Lancaster, Collier Senior Resources; Tatiana Fortune, Golden
Gate Senior Center; Heather Baker, NCH Brookdale Center for
Page 13
February 10, 2015
Healthy Aging and Rehabilitation; Mark Hahn, Medicare Home Care
Agencies.
And this item is sponsored by Commissioner Fiala. If you'd
please step forward and receive your proclamation.
(Applause.)
COMMISSIONER FIALA: Yes. I want to read this, but you
might as well hold it for the picture, and then you have to give it back.
Oh, you know what, I could read it out of my book. You keep it.
And with that, before you speak, while you stand there yet, I
would like to just read this, and that is:
Whereas, Collier County is home to more than 117,000 senior
citizens aged 60 and above -- that's me; and --
Whereas, independence is among our most basic and valued
rights as we age; and,
Whereas, with support from family, friends, service providers,
and older adult programs that encourage and contribute to healthy and
safe aging, more seniors than ever are staying active, socially
connected, and vigorous as they grow older; and,
Whereas, the 47 agencies in the Leadership Coalition of Aging,
Collier County, join together to enrich the lives of all Collier County
citizens and their caregivers by way of resource sharing, education,
advocacy, and community outreach; and,
Whereas, the LCA helped to establish the first two senior citizens
(sic) in Collier County to promote enrichment of the lives of senior
citizens; and,
Whereas, the Administration on Aging has declared the month of
February National Senior Independence Month.
Now, therefore, be it proclaimed by the Board of County
Commissioners, Collier County, Florida, that February 2015 be
designated as Senior Independence Month.
Done and ordered this 10th day of February, 2015, by the Board
Page 14
February 10, 2015
of County Commissioners, Collier County, Florida, Tim Nance,
Chairman.
Thank you very much. Join with me in a round of applause.
COMMISSIONER HENNING: Please introduce yourself for the
record.
MS. LECHWORTH: Good morning. Thank you. This is VickiJo
Lechworth. I work at the Shelter for Abused Women and Children,
and I work specifically with the population of 50 and older.
I want to thank you for supporting the LCA Leadership Coalition
on Aging here in Collier County as we -- all these agencies come
together to provide the services and resources for the seniors in our
community.
Thank you so much.
(Applause.)
Item #4C
PROCLAMATION CONGRATULATING THE COALITION OF
IMMOKALEE WORKERS, WHICH WAS AWARDED A 2014
PRESIDENTIAL MEDAL IN WASHINGTON, D.C. FOR THEIR
EXTRAORDINARY EFFORTS FIGHTING HUMAN
TRAFFICKING. ACCEPTED BY GUADALUPE GONZALO,
GERARDO REYES-CHAVEZ, CRUZ SALUCIO AND SILVIA
PEREZ OF THE COALITION — ADOPTED
MR. OCHS: Item 4C is a proclamation congratulating the
Coalition of Immokalee Workers, which was awarded a 2014
Presidential Medal in Washington, D.C., for their extraordinary efforts
fighting human trafficking.
To be accepted by Guadalupe Gonzalo, Gerardo Reyes-Chavez,
Cruz Salucio, and Sylvia Perez of the Coalition.
Page 15
February 10, 2015
This item is sponsored by Commissioner Hiller.
If you would please step forward and receive your proclamation.
(Applause.)
COMMISSIONER HILLER: I'd like to read the proclamation,
and then if you'd like to speak, I'll direct you to either one of the
podiums, and you can say a few words.
For those of you who don't know -- why don't you go ahead and
have a seat, and one of you can stand behind the podium to speak after
I'm done reading it.
For those of you who do not know, the Board of County
Commissioners this year unanimously supported the fight against
human trafficking as one of their legislative priorities, and we are
working with Tallahassee to advance several causes, the first of which
is a statewide task force to fight human trafficking and, secondly, to
seek funding to help the nonprofits that help human trafficking victims,
because one of the biggest problems we have is that the victims need to
be protected and sheltered till we get these cases to trial so we can
effectively prosecute the human traffickers.
What this organization has done is nothing short of miraculous.
They were also assisted by another gentleman that we recognize, a
former federal prosecutor, Doug Malloy, who did a great deal to assist
them in their efforts against this horrific -- horrific crime.
So let me read:
Whereas, the Florida Coalition Against Human Trafficking
reports that human trafficking involves the commercial exchange and
exploitation of humans, including forced prostitution and pornography,
involuntary labor, servitude, and debt bondage; and,
Whereas, human trafficking is a growing problem worldwide
recently rising to the second most common criminal activity behind the
illegal drug trade; and,
Whereas, Florida has been identified as a hub for human
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February 10, 2015
trafficking activity citing one of the highest incidences of human
trafficking in the country; and,
Whereas, the crime affects all types of individuals, both foreign
and domestic. Currently there are approximately 20.9 million people
enslaved throughout the world with 2.5 million located right here in
the United States. These statistic shows that slavery is still alive and
flourishing throughout the entire world; and,
Whereas, slavery was supposed to end with the Emancipation
Proclamation signed September 22, 1862, several years later, the 13th
Amendment, on December 18, 1865, officially making all slavery
illegal in the United States; and,
Whereas, the Coalition of Immokalee Workers was recognized in
Washington, D.C., on January 29, 2015, by Secretary of State John
Kerry who honored members by awarding them, in a ceremony at the
White House, a 2014 Presidential Medal for extraordinary efforts to
combat human trafficking.
Secretary Kerry presented the medal to members of the Coalition
during the White House's annual forum on human trafficking; and,
Whereas, Secretary Kerry spoke of the non-profit coalition's
partnership working with local and federal law enforcement to uncover
farm slavery operations across the southeastern U.S. During the past
15 years, nine major investigations and federal prosecutions have freed
more than 1,200 Florida farm workers from activity -- from captivity
enforced labor; and,
Whereas, Fort Myers attorney Doug Malloy, who prosecuted
many high-profile slavery cases and was an internationally recognized
anti-trafficking crusader, was on the front lines with the Coalition until
retiring as chief assistant U.S. attorney for Southwest Florida in 2013.
Now, therefore, be it proclaimed that the Board of County
Commissioners of Collier County, Florida, extends sincerest
congratulations to the Coalition of Immokalee Workers for their 2014
Page 17
February 10, 2015
Presidential Medal for exemplary efforts in fighting human trafficking.
We congratulate you.
(Applause.)
COMMISSIONER HILLER: I would also like to say our sheriff,
Sheriff Rambosk, is in the back of the room. And I don't know if you'd
like to add a few words, because you have been instrumental in this
battle, and I'd like you to maybe talk a little bit about your efforts in
your investigations and your success. Go ahead.
SHERIFF RAMBOSK: Good morning, everyone. Good
morning, Mr. Chairman.
As you've heard, as written, we are facing a problem today and in
the future that is very, very tragic. Certainly we, as an organization,
want to recognize the group as well that's being recognized today.
Thank you to Doug Malloy and all of his efforts, because without that
continuing effort, we are never going to be able to stop the problems
that we see coming in the future.
We have been very successful on the cases that we've been
involved with, and we have a commitment to support the coalition and
fight it with everything we've got in the Collier County Sheriffs
Office.
Thank you very much.
COMMISSIONER HILLER: Thank you.
(Applause.)
MR. PEREZ: (Through an interpreter) Good morning. My name
is Santiago Perez, and I'm a member of the Coalition of Immokalee
Workers.
And we're very grateful for this recognition that you-all are
bestowing upon us today for the work that we're doing with fellow
farm workers in our community. And the Fair Food Program which
we have created, which is working to put an end to the slavery, is
unique in the country for its ability to -- and what it is doing putting an
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February 10, 2015
end to sexual harassment of women in the fields, abuses, wage theft,
and slavery.
As was mentioned, we are very committed to continue this
struggle to put an end to all of these types of abuses. And thank you so
much for this recognition.
(Applause.)
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yeah. Before we end this subject, I
also want to recognize Anna Rodriguez who started this whole process
years ago. Anna has been dedicated to this, working so hard. She was
recognized first in our county as bringing this to light. Before then it
was hidden behind the scenes.
Anna brought it to light and from there, then, she went on for
state recognition to bring it to light around the whole State of Florida,
and now she works with the federal government to find these areas that
are trafficking and put a halt to them. So she still leads this effort
through the whole United States of America, and I think she needs
some recognition as well. Thank you.
(Applause.)
COMMISSIONER HENNING: Move the proclamations --
COMMISSIONER HILLER: Second.
COMMISSIONER HENNING: -- on today's agenda.
CHAIRMAN NANCE: There's a motion to approve the
proclamations and a second.
All those in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Unanimously approved. Thank you very
Page 19
February 10, 2015
much.
Mr. Ochs.
Item #5A
RECOGNIZING LOUISE PELLETIER, MANAGER-SENIOR
PROGRAMS AND SOCIAL SERVICE, PUBLIC SERVICES
DIVISION AS SUPERVISOR OF THE YEAR 2014 — PRESENTED
MR. OCHS: Chairman, that takes us to Item 5, presentation, on
your agenda this morning.
Item 5A is a recommendation to recognize Louise Pelletier,
manager of senior programs and social services for your community
and human services division, as Supervisor of the Year for 2014.
Commissioners, before I ask Louise to step forward for her
recognition, I wanted to let you know that she was chosen from among
a pool of nine very qualified finalists for this prestigious award, all of
them very fine supervisors and deserving in their own right.
So with your indulgence, Mr. Chairman, the finalists are here. If I
may just call their name, have them stand up and be recognized
individually for their efforts by the board.
CHAIRMAN NANCE: Absolutely, and then we'll take a group
picture, sir.
MR. OCHS: Oh, thank you, sir.
If you'll just please stand when I call your name. Miguel Carbollo
from Facilities Management.
(Applause.)
MR. OCHS: Frank Inzano from Wastewater. Frank?
(Applause.)
CHAIRMAN NANCE: We're going to have a group hug here.
Wait a minute.
Page 20
February 10, 2015
MR. OCHS: Allison Kearns from our Growth Management
Department Operations.
(Applause.)
MR. OCHS: Frank Millot from our EMS Division.
(Applause.)
MR. OCHS: Nosbel Perez from Engineering and Natural
Resources.
(Applause.)
MR. OCHS: Randy Lewis from the Water Department.
(Applause.)
MR. OCHS: Ray Ogibene also from Water.
(Applause.)
MR. OCHS: And Matt McLean from our Growth Management
Department Planning and Regulation. Matt?
(Applause.)
MR. OCHS: You guys want to all get together for a quick photo.
Move to the middle.
Now let's go to the main attraction, Louise Pelletier. Louise,
please come.
(Applause.)
CHAIRMAN NANCE: Here's a small token of our appreciation,
and here's a commemorative plaque so you can remember your
achievement. Thank you.
COMMISSIONER FIALA: Lavay, you should have gotten a
picture of everybody standing up back there.
COMMISSIONER TAYLOR: Do it again. Do it again.
MS. PELLETIER: I'm very honored.
MR. OCHS: Commissioners, let me tell you a little bit about
Louise and her honor. She's been an employee of the county since
November of 2009 as the manager of the senior programs and social
services. Her responsibilities include managing, coordinating,
Page 21
February 10, 2015
planning, and developing programs for the senior community.
She is additionally responsible for the oversight of the senior
nutrition program which provides home-delivered meals to
homebound seniors and daily hot meals to four congregate meal sites
located across the county.
As a supervisor, Louise builds relationships with all staff based
on mutual respect. She is enthusiastic, positive, and energetic. Her
coaching style has created a team atmosphere where all members feel
they have a stake in the day-to-day operations of the programs, and
they become willing to commit themselves to providing exceptional
customer service. She has an infectious, upbeat personality which
fosters her team's willingness and commitment for outstanding service.
These are just a few of the reasons that she is so deserving of the
Supervisor of the Year recognition.
Commissioners, it's my great honor to present Louise Pelletier,
Supervisor of the Year for 2014.
Congratulations, Louise.
MS. PELLETIER: Thank you very much.
MR. OCHS: Let's squeeze together, now, for a picture.
MS. PELLETIER: Thank you very much.
COMMISSIONER FIALA: We have a lot of outstanding
citizens, don't we? Outstanding employees.
MR. OCHS: Thank you, Commissioners, for that time and
recognition.
CHAIRMAN NANCE: Yes, sir.
Item #5B
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR FEBRUARY 2015 TO ADAMS FOODS INC.
ACCEPTED BY CHRISTINA MEISENHELTER, OWNER,
Page 22
February 10, 2015
ADAMS FOODS, INC.; ELIZABETH NUNEZ, MARKETING
COORDINATOR, ADAMS FOODS INC.; RONALD MCDONALD
(MASCOT) AND RUSS BURLAND, ACCOUNT EXECUTIVE,
THE GREATER NAPLES CHAMBER OF COMMERCE —
PRESENTED
MR. OCHS: That takes us to Item 5B on your agenda this
morning. It's a presentation of the Collier County Business of the
Month for February 2015 to Adams Foods, Incorporated. To be
accepted by Christina Meisenhelter, Owner Adams Foods,
Incorporated; Elizabeth Nunez, Marketing Coordinator, Adams Foods,
Incorporated; and Russ Burland, Account Executive, the Greater
Naples Chamber of Commerce, and I believe they have a special guest
along with them today, this morning. The one and only Ronald
McDonald.
(Applause.)
COMMISSIONER FIALA: I think I need to change my hair
color. Really cute. That was cute.
RONALD McDONALD: Cheeseburger.
UNIDENTIFIED SPEAKER: Good morning, everyone. On
behalf of Adams Foods Company and Adams family, I'm here to thank
the Collier County Commissioners and Chamber of Commerce. We
feel really excited to have this award. It will be, trust me (sic), to the
thousands employees that we have at this moment, and we feel really
happy to be tied with Chamber of Commerce the last 25 years and
being involved with the community since Mike Adams started back in
1973, and now we continue the legacy with a second generation
owner/operator Christina Meisenhelter.
And we have also been together with -- our best thing is to help
the community through the education, help for the youth, and our
Ronald McDonald House Charities Care Mobile that is very important
Page 23
February 10, 2015
for Southwest Florida, and our best ambassador right here, Ronald. He
wants to say thank you.
RONALD McDONALD: Thank you all so much. I've enjoyed
being here today. I flew in from California. My arms are tired. I just
wanted to let you know that we love supporting McDonald's and the
Ronald McDonald Children's Charities for the Ronald McDonald
House and the Ronald McDonald Care Mobile of Collier County.
They are wonderful organizations, and I'm proud to be part of it. Thank
you.
Item #6A
PUBLIC PETITION FROM NELL HURLEY EFIRD, JR.
REQUESTING A REFUND OF THE FINE PORTION PAID TO
RELEASE THE CODE ENFORCEMENT LIEN AGAINST 541
100TH AVENUE NORTH, NAPLES, FL - MOTION TO BRING
BACK AT THE FEBRUARY 24, 2015 BCC MEETING —
APPROVED
MR. OCHS: Mr. Chairman, that takes us to Item 6 on your
agenda, public petitions. Item 6A is a public petition request from Nell
Hurley Efird, Jr., requesting a refund of the fine portion paid to release
the code enforcement lien against 541 100th Avenue North in Naples.
Please step forward.
MR. KAISER: Hello, Mr. Chairman, members of the board. My
name's Timothy Kaiser. I'm an attorney. I represent the Estate of Neil
Hurley Efird, Jr.
I prepared the public petition, and I'm prepared to answer any
questions you may have about it.
COMMISSIONER TAYLOR: I move approval.
COMMISSIONER FIALA: Second that.
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February 10, 2015
We have a motion and a second on the floor.
Oh, Commissioner Henning?
COMMISSIONER HENNING: What backup did you provide on
this item; can you elaborate? Did you provide an ordinance resolution
in the backup?
MR. KAISER: No.
COMMISSIONER HENNING: Okay.
MR. KAISER: I've been in frequent communication with your
staff about it.
COMMISSIONER HENNING: Okay.
COMMISSIONER FIALA: Jeff, would you like to comment on
that, please.
MR. WRIGHT: Well, I just have a response, Commissioner, to
your question. Mr. Kaiser provided a brief statement, a one-page
statement that kind of lays out what his concern is and what he's asking
of the board, and I believe Mr. Klatzkow instructed the clerk to -- the
board's assistant to add -- Mary Jo Brock to add the Resolution
2012-46 to the agenda.
COMMISSIONER HENNING: It's a public petition, and I hope
that we don't do that in the future when we have the public petitioning
the board. I don't know if it was the idea to communicate to the board
of the policy or if it was the idea of communicating to anybody on
what the policy is. So hopefully in the future we're not going to have
add-on by any staff of items.
I cannot support the motion because it really needs to come back
as a full vetting instead of just waiving the fines and fees.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Let me see if I understand
correctly what I've read in this backup material.
MR. KAISER: Yes, ma'am.
COMMISSIONER FIALA: The fines were imposed upon
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February 10, 2015
somebody who let their property deteriorate. After all of the fines were
accrued, this gentleman died. And you have been, since then --
MR. KAISER: Woman, woman.
COMMISSIONER FIALA: -- trying to come up with the death
certificate but somehow the family cannot produce it, but they can't
move forward with the property until they can settle this. And being
that you've been instructed to come before us and ask us to then make
that decision, that's where we are today. Am I correct in that?
MR. KAISER: Partly.
COMMISSIONER FIALA: Okay.
MR. KAISER: The death certificate was obtained. The estate
was administered. The property was placed for sale by the estate, and
it didn't sell for several years because of economic conditions. When it
finally did sell, a large fine had accrued against it.
The estate had insufficient assets at the time to do the Code
Enforcement Board work that was required. The sale occurred, the
fine was paid, and now we're requesting a partial refund.
COMMISSIONER FIALA: Jeff, do you have anything to add to
that?
MR. WRIGHT: All I would add is normally when somebody
wants to settle a Code Enforcement Board lien, they would come to us
before they make the payment in full. Under those circumstances,
under that resolution, 2012-46, we can consider the factors laid out in
that resolution and make a recommendation to you.
Now, what we did with Mr. Kaiser in order to facilitate this being
resolved, we provided him the number that we would have provided
him had he come to us before paying in full, and that number is driven
by Resolution 2012-46.
So we're trying to help him get across the finish line. We don't
really have a position one way or the other, but we did want to provide
that number to you and to him, because that's the presumptive number
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February 10, 2015
that we would have used had they come to us before paying in full.
CHAIRMAN NANCE: Commissioner Hiller? Before I go to
Commissioner Hiller, Commissioner Henning, did you make a motion
to bring this back as an item?
COMMISSIONER HENNING: No. Commissioner Fiala --
COMMISSIONER HILLER: There's a motion on the floor.
COMMISSIONER FIALA: Commissioner Hiller --
Commissioner --
COMMISSIONER TAYLOR: Taylor.
COMMISSIONER FIALA: -- Taylor --
CHAIRMAN NANCE: Commissioner Taylor did, so --
COMMISSIONER FIALA: I'm thinking Commissioner Penny,
and I seconded it.
CHAIRMAN NANCE: Thank you. Commissioner Hiller, my
apologies.
COMMISSIONER HENNING: My voice is changing.
COMMISSIONER HILLER: Jeff, we don't take action on public
petitions. We do one of two things. We either decide not to move
forward with the petition, or we refer it to staff to bring back at a future
agenda. I don't think it's appropriate for us to be voting on a motion to
accept a settlement in this particular case.
MR. KLATZKOW: Your general practice is to bring these back
on executive summary the following meeting.
COMMISSIONER HILLER: So then if that's the case, then the
motion that Commissioner Taylor made is not something that we
should vote on.
MR. KLATZKOW: It is not keeping with your general practice.
Your general practice and your custom has been to bring these things
back for a full public hearing.
COMMISSIONER HILLER: Do we not have it as an official
procedural rule as part of our procedures ordinance? I don't have the
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February 10, 2015
information in front of me.
MR. KLATZKOW: There have been times over the years where
you've had a public petition come forward where you thought you
needed to do a direct action now, all right. And in those events you
would take the action now.
COMMISSIONER HILLER: Because it was out of necessity, or
was that just elective?
MR. KLATZKOW: Because the board felt that it needed to be
done now, all right.
COMMISSIONER HILLER: It was an exigent circumstance?
MR. KLATZKOW: Generally, yes.
COMMISSIONER HILLER: So in the absence of an exigent
circumstance, do we do that?
MR. KLATZKOW: Your policy is always to bring it back unless
you have an exigent circumstance, yes.
COMMISSIONER HILLER: So given that we don't have an
exigent circumstance and given that our policy is to bring it back on
executive summary, I don't think, Commissioner Nance, that it would
be appropriate for us to vote on this matter at this time.
CHAIRMAN NANCE: Commissioner Taylor, would you like to
modify your motion, ma'am?
COMMISSIONER TAYLOR: Yeah. I'll withdraw the motion.
CHAIRMAN NANCE: Would you like to make another motion?
COMMISSIONER TAYLOR: I just want to make sure -- and
talking to this gentleman, you've -- is there a time pressure here? Are
we --
MR. KAISER: No, there's no time pressure.
COMMISSIONER TAYLOR: Is two weeks going to make a
difference?
MR. KAISER: No. And I understood from staff earlier that there
would be a delay.
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February 10, 2015
COMMISSIONER TAYLOR: Okay. Then that's fine.
COMMISSIONER FIALA: So you want to make a motion to
bring it back at the next meeting?
COMMISSIONER TAYLOR: I'll withdraw my motion that I
made, and then I'll make a motion to bring it back at the next meeting.
CHAIRMAN NANCE: Would you like to amend your second?
COMMISSIONER FIALA: And I will second that.
CHAIRMAN NANCE: All right. There's a motion by
Commissioner Taylor and a second by Commissioner Fiala to bring
this back as an agenda item.
Any further discussion?
COMMISSIONER HILLER: Go ahead. I'll make a comment
after we vote.
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: All right. We'll bring this back as an
item.
COMMISSIONER HILLER: Commissioner Nance, if I could
make one comment.
CHAIRMAN NANCE: Commissioner Hiller.
COMMISSIONER HILLER: Jeff, I think it's extremely
important that we have a very clear understanding of what the law is
with respect to waiver of these types of lien payments, whether it's by
settlement before or, you know, by some sort of refund through some
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February 10, 2015
additional settlement mechanism after.
So if you could review it carefully and make sure that -- you
know, if we're going to start a precedent, then I think it needs to be
clear what our position is with respect to these issues and how we're
going to handle them prospectively.
MR. KLATZKOW: Your policy is set forth in Resolution
2012-46. I included it as backup because not all the commissioners
were on the dais in 2012 and may not have been aware of it.
And we did that because there was meeting after meeting after
meeting where people would come forward about their code liens and,
quite frankly, the board's actions were not consistent, so we came up
with this particular practice, which has been largely successful and has
removed the necessity of the public having to come here.
I know Burt Saunders worked with the staff to put this together
with Wells Fargo Bank, and so it was well --
COMMISSIONER HILLER: I was involved in that whole --
MR. KLATZKOW: It was well vetted.
COMMISSIONER HILLER: I was involved in that whole
initiative, so I know exactly what happened.
In this particular case, though, it's a little bit different because this
is looking for a waiver after full payment is made, as Jeff has pointed
out, and so this is not exactly what that particular ordinance provides.
MR. KLATZKOW: We'll bring it back to the board with a
recommendation.
COMMISSIONER HILLER: And the reason I'm very concerned
is because this opens up a whole different angle on this issue. Because
if we're suddenly going to start facing individuals who have paid and
now want to come back and ask for some sort of reimbursement for
whatever reason, then it presents a whole, as I said, different angle on
that issue.
MR. KLATZKOW: Yes, ma'am. Understood.
Page 30
February 10, 2015
Item #6B
PUBLIC PETITION FROM KAYDEE TUFF REGARDING THE
FARMER'S MARKET AT THE GOLDEN GATE COMMUNITY
CENTER — DISCUSSED
CHAIRMAN NANCE: All right. Next item, Mr. County
Manager.
MR. OCHS: Yes, sir.
Item 6B is a public petition request from Kaydee Tuff regarding
the farmers market at Golden Gate Community Center.
CHAIRMAN NANCE: Before we begin, Ms. Tuff, I will remind
the public who might be interested in commenting on the farmers
market issue that under our rules of meeting there are typically no
comments allowed on a public petition. But seeing as that we have
this full agenda item coming forward as Item 11D this afternoon with a
time-certain at 2 p.m., all those wishing to address this issue should fill
out a speaker slip and speak to Item 11D at 2 p.m. Thank you.
Ms. Tuff, please.
MS. TUFF: First of all, I'd like to thank County Manager Ochs
and county -- and our chairman, Tim Nance, for allowing me to
present the official position of the Golden Gate Community Center
Advisory Board regarding our Saturday market.
The Golden Gate Community Center Advisory Board requests
input regarding the future of its Saturday market at the Golden Gate
Community Center. The Golden Gate Community Center is the only
community center in Collier County with a special municipal taxing
unit established by a vote of the our taxpayers in 1975 to build and
maintain a community center for public use.
Over 40 years this board -- for over 40 years this board has
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February 10, 2015
advised county commissioners regarding the budget and operation of
this center. Mr. and Mrs. Rakow, who operate the Saturday market,
have met with the Golden Gate Community Center Advisory Board on
several occasions to resolve a variety of issues posed by county
ordinances regarding -- and they have met every legal detail.
Last spring the center's market was shut down due to county parks
and recreation policy regarding rental of paved areas. The Golden
Gate Community Center Advisory Board worked with the parks and
recreation staff to address the policy, and the market was allowed to
return this fall.
During the time that the market was down, myself, as chairman, I
received two emails and fielded several personal conversations with
residents from our community asking why the market had been shut
down and asking that the board return the market to business.
I've not received any complaints from local businesspeople
regarding the market, and no one from the business community has
attended the advisory board's publicly advertised meetings to voice
concerns regarding the market.
It's the advisory board's position that the Rakows have done an
exceptional job of operating this market. They run a clean, diverse
market that serves a significant need in our walking community.
The community center is centrally located within Golden Gate
City, and the market provides a social setting where our diverse
population can gather and enjoy a sense of community. Sheriffs
officials have reported no issues regarding the market under its current
ownership. If you were to ask our residents, this market truly is a
special event every Saturday.
As an advisory board tasked to oversee the county's best interest,
it is our opinion that there is considerable public support for the market
and that the market is in the best interest of our community. All
aspects of the market are operated legally and professionally. Should
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February 10, 2015
there be a time that this is not the case, the advisory board would move
to disband the market.
During its December 2014 meeting, the advisory board formally
voted to support the market's efforts to seek an extension of its
operating permit. We believe that they deserve the same consideration
given other markets operating on county property, and we plan to work
with county staff to determine how this might be achieved.
Our community is not seasonal but year-round and would be well
served by a continuation of the services provided by the market,
including access to fresh food.
It is the position of the advisory board that the county's current
policy regarding the farmers market is sufficient with the exception
that all markets should be allowed to operate under the same time
frame.
Should the commission seek to change the current ordinance
pertaining to markets, we ask that our advisory board be included in
those discussions. As a long-standing county advisory board tasked to
serve the taxpayers in our community, we feel that we would provide
valuable input in this discussion.
During the February 9, 2015, meeting, the Golden Gate Civic
Association voted to support the advisory board's position regarding
the Golden Gate Community Center market. Should you have any
questions or concerns, please feel free to contact our chairman, our
vice-chairman at the numbers below, and I will provide this letter to
each of you so you have those contact numbers should you choose to
use them.
I would also like to add a few thoughts of my own. For those of
you who may not be familiar about the Golden Gate community, for
50 years we have taken a hands-on approach to addressing problems in
our community. In addition to the Golden Gate Community Center
Advisory Board, we have the Golden Gate Civic Association
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February 10, 2015
established in 1965 to be the voice and watchdog of our community.
More recently, the association established a business committee.
With the loss of our chamber, we felt it important that the business
community have a voice. This effort has been shared by Iberia Bank
vice president Maria Botana, a long-time Golden Gate resident, who
personally went door to door in the business community inviting them
to take part and become part of the committee.
This group hosts a business breakfast on a regular basis to
network and discuss ways to improve local business for all. We also
have the Golden Gate Beautification Advisory Board which oversees
another taxing district established in 1987 to landscape the roadways in
our community.
Thanks to this board, all main interior roadways and several
exterior sections of county-owned main roadways have been
beautified.
And last of all, but not least, the Golden Gate Task Force, which
is my favorite, is composed of civic association representatives, Collier
County Sheriffs representatives, code enforcement, utility billing,
animal control, and greater Naples fire officials to address blight and
other quality-of-life issues in our community.
I would like to thank Chairman Corporal Rob Capizzi of the
Sheriffs Office, Joe Mucha of the Collier County Code Enforcement,
Barb Sibley of the Greater Naples Fire District, and Jodi Walters of
Collier County Solid Waste for their dedicated service to this task
force. Please know how much we appreciate the efforts of your
dedicated and well-trained staff in our community.
As you can see, the four-mile square of Golden Gate City has a
long history of taking care of its own business. We truly are the little
community that could. But on occasions that we can't, we rely on the
guidance and support of our county leaders such as yourselves.
Pertaining to the market adversely affecting private enterprise,
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February 10, 2015
should this be a valid argument, the center might well have to shut its
doors as we also offer childcare, pre-school classes, karate lessons,
dance lessons, banquet facilities, all of which -- a number of additional
services which are provided by private enterprise.
Finally, as Collier County's most densely populated community,
our 23,000 residents, there's plenty of business in our community. We
are year round for all.
I thank you for your time and attention and, most especially, for
your service to the residents of Golden Gate and Collier County as a
whole.
CHAIRMAN NANCE: Commissioner Henning, then
Commissioner Hiller.
COMMISSIONER HILLER: I was first.
CHAIRMAN NANCE: All right. Commissioner Hiller, then
Commissioner Henning.
COMMISSIONER HILLER: Thank you.
Kaydee, thank you for your words. I echo your sentiment in
terms of the support for the farmers market. It is -- it's an economic
initiative that is backed by the community. I haven't heard anyone say
that they don't want it.
I think that what you said here today makes all the sense in the
world, and if I can summarize what you're petitioning this board to do
is to keep the farmers market open and operating as it has been and,
secondly, to solicit your board's input with respect to any future
decisions that this board might consider; is that correct?
MS. TUFF: That's correct.
COMMISSIONER HILLER: Then I would like to make a
motion that we direct staff to take into consideration what the
petitioner has requested and to work with the board of the petitioner in
developing any future plans for that market and any another market in
the county that's on government property.
Page 35
February 10, 2015
COMMISSIONER FIALA: You're making a motion?
COMMISSIONER HILLER: Well, to have staff, you know,
consider this.
CHAIRMAN NANCE: And the appropriate motion is to bring
back this item for a full hearing, which we are going to have, ma'am,
on 11D.
COMMISSIONER HILLER: Right, but --
CHAIRMAN NANCE: I would invite you to make your motion
at that time.
COMMISSIONER HILLER: No, no.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HILLER: Excuse me. Let me -- I made a
motion. Let me go ahead and clarify my position.
We have something on the agenda today that addresses this
particular issue, but what the petitioner is asking for is something
different. What the petitioner is asking for is that the operations of the
market be maintained and that anything with respect to that market be
brought to their advisory board's attention. What happened at the last
meeting, which I brought out at the last meeting, is that the advisory
board was never consulted before the motion to shut that market down
was acted on, which was improper.
And I had heard ahead of that meeting that the advisory board
was fully supportive of the operation of that market and that that
represented the community sentiment.
So what I'm saying is that we should direct staff to work with this
advisory board and to get input from the advisory board in formulating
any future policies with respect to this and other markets that are
similarly situated.
COMMISSIONER HENNING: Mr. Chairman, I think I may be
able to help out further to what Ms. Tuff is asking.
CHAIRMAN NANCE: Sure.
Page 36
February 10, 2015
COMMISSIONER HENNING: What you're asking is to have --
since these type of markets -- I'm not sure what we have. I mean, I
hear Commissioner Hiller saying farmers market. I don't see it as a
farmers market. I see it as a flea market selling produce; however,
with that said, the Board of Commissioners gave direction last year on
our Land Development Code to allow these markets to continue on a
regular basis, not just the 28 days permit.
Now, the market at the Golden Gate Community Center is going
to expire in April; is that correct?
MS. TUFF: It has 28 days.
COMMISSIONER HENNING: Pardon me?
MS. TUFF: It has 28 days.
COMMISSIONER HENNING: It's going to expire in April,
correct?
MS. TUFF: I believe so.
COMMISSIONER HENNING: Yeah, that's what I saw. In light
of that, what happened last year is the board directed to separate flea
markets and farmers market and otherwise identify within the Land
Development Code and the appropriate land use designation for those
markets.
I think it would be appropriate to direct staff until the board
makes a final decision on these markets, which in part we're going to
do today, and the next part is do we allow these to continue on a
regular basis, like a weekly basis.
I sent the Board of Commissioners the minutes on there. Nobody
-- none of the commissioners had a -- took issue with a weekly-based
market, okay. The only issue that we had was separation of what these
markets are.
That would fit your need if the board proceeds with that LDC
amendment. Now, I'm told by staff that is not going to come until the
fall. I think it's inappropriate until the board makes the decision to
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February 10, 2015
bring back an extension of that particular permit contingent upon the
item that's going to be discussed this afternoon, A, and contingent upon
the board passing the Land Development Code allowing these markets
on a weekly basis. Do you think that would be acceptable?
MS. TUFF: I have had a little bit of trouble following all of that.
COMMISSIONER HENNING: There's two different issues.
The two different issues is our land use code does not allow for a
weekly market, a temporary weekly market.
MS. TUFF: Basically, it seems to me there is a problem created
here where there really was no problem. We would like to help. The
advisory board feels like we have a lot of input that would be valuable
to any discussions made regarding changing the current, whatever --
you know, whatever you're discussing, we would just like to be part of
that discussion --
COMMISSIONER HENNING: Okay.
MS. TUFF: -- and to provide input into that so that we're
represented as far as what happens with the market in our community
and our community's needs and our community center's advisory over
those MSTU funds.
COMMISSIONER HENNING: So I have no problem asking
staff to bring back to extend the temporary use -- and that's all it has, a
temporary use right now -- until the board decides on the land use --
Land Development Code to make it a weekly event. Otherwise, it's not
going to be permitted to carry on past its extension deadline.
The second thing is, what we do in parks, in one park, I think that
we should allow or not allow in other parks. Now, I know this is a
special taxing district; however, in 1973 -- or 1975, the voters
approved to, A, tax themselves for the community center built on land
that was donated by GAC; two, for the board to create a three to five
member board to look at the financials and make recommendations to
the Board of Commissioners, the budgetary items each year.
Page 38
February 10, 2015
And the last thing they provided is the Board of Commissioners,
by statute, to approve leases, fee associated with those uses, and
day-to-day operation; however, I think what you're asking is very
appropriate to allow the advisory board to weigh in. So I make a
motion that we --
COMMISSIONER HILLER: I already made a motion.
COMMISSIONER HENNING: I make a motion that we request
staff to continue this temporary event permit until the board decides on
the land use item.
CHAIRMAN NANCE: Commissioner Hiller and Commissioner
Henning, in that -- excuse me one moment, ma'am. In that we have a
full agenda item and a public hearing on this item as 11 D at 2 p.m.,
and we have not heard the public speakers, I'm going to request that
you both lay your items on the table under Robert's Rules until we
have a chance to hear from the public and hear from staff, and then we
should go forward.
I think it's very improper. We've already been through this
regarding taking action before we had public comment.
So I'm going to place those two motions on the table until we hear
the full agenda item on l ID, but I am going to take some comments
from Commissioner Fiala.
COMMISSIONER FIALA: Yes. What I wanted to do was say
all of the comments you've just heard are about the subject for this
afternoon.
I think what Kaydee came up here, very simply, for was to say
that they've already got a mechanism in place to deal with that
particular park, with that particular issue, because that's the only park
within our system that has an MSTU involved, and they just want to be
included in all of the requests for that particular park. Isn't that what
you came up here for?
MS. TUFF: (Nods head.)
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February 10, 2015
COMMISSIONER FIALA: And I believe she has a perfect right
to ask that because they are funding part of that, and that would be the
motion, is to approve what she came here for, and that is to participate
in any decisions that are being made for the Golden Gate Community
Center that's involving the MSTU. Simple as that.
CHAIRMAN NANCE: Let us all hold the remainder of our
comments until the public is in attendance and the public has a chance
to give us additional guidance. We have two motions already on the
table.
Ms. Tuff, thank you very much for your presentation.
We are going to continue this discussion at 2 p.m.
COMMISSIONER HILLER: Commissioner Nance, that's
inappropriate.
CHAIRMAN NANCE: Next item, Mr. Manager.
COMMISSIONER HILLER: No, it's inappropriate.
MS. TUFF: Thank you for allowing me to --
COMMISSIONER HILLER: Point of order. Point of order.
CHAIRMAN NANCE: Ma'am? We have a full agenda item,
ma'am.
COMMISSIONER HILLER: Commissioner Nance?
CHAIRMAN NANCE: We are not going to consider --
COMMISSIONER HILLER: Commissioner Nance?
CHAIRMAN NANCE: -- any additional motions.
I'm sorry. Mr. Ochs, next item, please.
Item #10B
A COUNTY MATCHING CONTRIBUTION FOR COMPLETION
OF THE FREEDOM MEMORIAL LOCATED AT FRED W.
COYLE FREEDOM PARK - MOTION TO ESTABLISH A
PUBLIC/PRIVATE PARTNERSHIP AND BEGINNING
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February 10, 2015
OCTOBER, 2014 ANY PRIVATE DONATIONS MADE TO THE
FREEDOM MEMORIAL FUND BE MATCHED DOLLAR-TO-
DOLLAR BY COLLIER COUNTY GOVERNMENT IN AN
AMOUNT UP TO $600,000 AND APPROPRIATING ANY
NECESSARY BUDGET AMENDMENTS TO FUND THE
INITIATIVE — APPROVED
MR. OCHS: Mr. Chairman, you have a 10 a.m. time-certain
hearing. It's Item 10B on your agenda. It's a recommendation to
approve a county matching contribution for the completion of the
Freedom Memorial located at Fred W. Coyle Freedom Park. This item
was placed on the agenda by Commissioner Hiller.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Yes.
Commissioner Coyle, would you come to the podium, please.
Since Commissioner Coyle retired, I felt it would be a disservice
to the community to allow him to do what he described, which is to sit
at home and watch the games and go play golf and go visit friends on
the west coast.
So he and I have been talking, and he has, in fact, been tirelessly
working on fundraising to complete the Freedom Memorial. And in
the course of several discussions with him, it became clear to me that
what we needed to do is form a public/private partnership. And now
with him in the private sector leading the charge on the private side
and with us on the board, I thought it most appropriate to put forth a
recommendation today that the board approve a matching program to
assist in the completion of this very, very important project.
This is not a project that is only about 9/11. This is a project that
stands for our nation's freedom and for all those who stand in defense
of that freedom.
With that, I ask the county manager for information as to whether
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February 10, 2015
or not there was available funding and how far we could go in the
creation of this matching program. And we were able to find a fund,
which is the capital fund, that had dollars available that would allow
for a matching up to $600,000.
And so what I would like to do here today -- and I'll make the
motion now, but if you could reserve voting on it till after you hear
Commissioner Coyle, and if any other speaker has any other
comments, to allow for the county to establish a matching program that
would start as of today where any private donations made towards the
completion of the Freedom Memorial monument at the Fred Coyle
Memorial (sic) Park be matched dollar for dollar.
And they way this would work is the donors would contribute, the
proof of the donation would be presented to the county, and then the
county, in turn, would make the contribution of funds to match those
dollars.
If we do this, it will literally cut the time to complete this project
in half, and I think our goal should be to finish this project by
December 31, 2015.
COMMISSIONER FIALA: And I absolutely second that.
COMMISSIONER HILLER: Thank you.
COMMISSIONER FIALA: Now, does that even include the
tickets we just bought for the Freedom Memorial dinner?
COMMISSIONER HILLER: No.
COMMISSIONER FIALA: Because that's a donation, right?
COMMISSIONER HILLER: No, I don't think it would include
those.
COMMISSIONER FIALA: I think it should.
COMMISSIONER HILLER: Well, should it? Okay, then -- is
that -- all right, it is. Then it will. So shall it be done.
Now -- all right. So it will include any -- shall we say any tickets
bought as of today going forward will be matched to the extent of the
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February 10, 2015
donation portion of the ticket?
(FORMER) COMMISSIONER COYLE: If I could.
COMMISSIONER HILLER: Yes, go ahead.
CHAIRMAN NANCE: Let's hear from Commissioner Coyle,
but I will make one correction to Commissioner Hiller. It's not the
Fred Coyle Memorial Park yet. It is the Fred Coyle Freedom Park.
COMMISSIONER HILLER: Did I say "Memorial"?
CHAIRMAN NANCE: Yes.
COMMISSIONER HILLER: I meant "Freedom Park."
CHAIRMAN NANCE: Commissioner Coyle, as you can see, sir,
you still need to have your guard up regarding Commissioner Hiller.
COMMISSIONER HILLER: I thought I said "Freedom
Memorial."
CHAIRMAN NANCE: But we'll look forward to your remarks,
sir.
(FORMER) COMMISSIONER COYLE: Memorial might be
appropriate in the next few months, but certainly not today.
I want to thank you for agreeing to consider this proposal and to
you, Commissioner Hiller, for bringing it forward. It's very, very
important.
And, by the way, Mr. Tom Donahue has registered to speak. He's
going to cede me some of his time. I won't need it all. I will try to
make this brief You have a lot of important business, difficult
decisions to make today, and I hope not to take up much time, because
I think this is an easy one for you.
But the Freedom Memorial, as Commissioner Hiller has pointed
out, is very, very important. It's been almost 14 years since the 9/11
attack occurred killing 3,000 people, injuring 6,000, and causing $10
billion in property damage.
And we still have people, primarily in Washington, arguing about
who did this and why. There is no confusion about what is happening
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February 10, 2015
here.
But if I could just take a few minutes to provide a historical
perspective. This all essentially started a thousand years ago when
there was a vast Muslim empire that stretched from Spain across
southern Europe, across northern Africa, all of the Middle East, and
ultimately expanded all the way to Indonesia and, in the 14th century,
to the Philippines.
And on the year 1006, the ruler of the caliphate in Jerusalem
ordered the destruction of the Church of the Holy Sepulcher and began
executing, expelling, or converting Jews and Christians to Islam. That
led to the Crusades, which went on for several hundreds of years. The
last vestige of that caliphate was defeated in the early 1900s.
It was in 1990 that Osama Bin Laden decided that he was going
to lead the creation of the new caliphate. He said the base of the
caliphate will be in Afghanistan, and that's why it's called Al Qaeda,
because Al Qaeda means base or foundation in Arabic.
He said his soldiers would be the Taliban. Taliban is an Arabic
term for devout followers of Islam. It's very, very clear what he had in
mind. And in 1998, the world Islamic front issued a religious edict, a
fatwa, that said you must kill Americans and their supporters anywhere
in the world that you can find them and you must plunder their wealth
when and wherever you find it.
There is no doubt about who is doing this and why. The efforts
that we see now of terrorists throughout the world are directed toward
the creation of this caliphate because they believe that western
civilization is degenerate and profane. It is an insult to their religion,
and their god commands them to kill people who do not believe in
Islam, their particular form of Islam.
The names change. You hear ISIL, ISIS, you hear about Al
Qaeda and Taliban. It makes no difference what the name is. The
name changes depending upon the location in the world where this
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February 10, 2015
organization has been created, but they all have the same goal, and it is
the destruction of western civilization.
And this is important because the Freedom Memorial clearly
symbolizes what has happened here. It is a memorial to the people who
were killed in the attacks of 9/11 . It's a tribute to our first responders
and uniform services who fight to keep us free. It's a monument to our
freedoms and a reminder that freedom isn't free.
It is a rebut to the extremist Muslims who are trying to take those
freedoms away from us, and it is an affirmation of the indomitable
spirit of the American people.
So it's entirely appropriate that government should promote the
principles of patriotism, honor, and freedom as we have with this
memorial. So the memorial is very, very important.
So I ask you to favorably consider the cost-matching proposal
with a minor change. This fundraising effort we're now engaged in
began in October, October the 1st of last year. We have had at least
one, maybe a few more, significant commitments to this fundraiser by
people who wanted to provide a match to future contributions.
If you start today to authorize matching, we lose the opportunity
to attain -- to achieve matching funds at that point in time. Now, I
don't want to go back to the beginning, because we have raised
$600,000 in the past, and it would be unfair, I think, for us to suggest
that. But if you, if you can --
CHAIRMAN NANCE: Commissioner Coyle will be allowed to
continue until he concludes his remark.
(FORMER) COMMISSIONER COYLE: Did I do six minutes
already?
MR. MILLER: Yes, sir.
(FORMER) COMMISSIONER COYLE: Okay. I'll finish up
very quickly, and I'm sorry.
But it would be very helpful if we could have some flexibility
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February 10, 2015
there to recognize these contributions which were designed as matches
to count toward the match with the county.
Technically, a large contribution was made, and it was made with
the expectation that others would match that contribution but, yet,
we've got the check for the $100,000. So it creates a little difficulty for
us. So if there's any way you could give us some flexibility about
when it starts --
COMMISSIONER HILLER: So why don't we do this,
Commissioner Coyle. The amount that you have outstanding to raise
is a million two, correct?
(FORMER) COMMISSIONER COYLE: Yes.
COMMISSIONER HILLER: So if we know it's a million two
and you've already raised, you said, 600,000?
(FORMER) COMMISSIONER COYLE: Not that much, no, no.
Before you get to the 1.2 --
COMMISSIONER HILLER: Before -- what was your, you know
(FORMER) COMMISSIONER COYLE: From two thousand --
COMMISSIONER HILLER: What is -- what would you like as
the cutoff date?
(FORMER) COMMISSIONER COYLE: I would love to have
January the 1st, 2004, but that would be unfair.
COMMISSIONER HILLER: That would.
(FORMER) COMMISSIONER COYLE: But let me try to
specify in time. From 2004 until 2014, around July or August, we had
raised $600,000. We're not asking for a match for that because I think
that's excessive.
We are asking for a match for those things -- those contributions
that have been made for this particular fundraising effort which began
on October 2014 only.
COMMISSIONER HILLER: So why don't we do that. I'll
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February 10, 2015
modify my motion to reflect a matching for contribution made --
contributions made from October 2014 prospectively up to 600,000.
(FORMER) COMMISSIONER COYLE: That's wonderful, that's
wonderful.
COMMISSIONER FIALA: My second will approve that.
(FORMER) COMMISSIONER COYLE: Okay. Thank you very
much. I appreciate your consideration.
CHAIRMAN NANCE: Thank you, Commissioner Coyle.
COMMISSIONER FIALA: That was really a great speech.
(FORMER) COMMISSIONER COYLE: Thank you for taking
the time.
And, honestly, I did not think I would be back here so quickly, so
I'll try not to bother you again for a while.
COMMISSIONER HILLER: And, Commissioner Coyle, you are
a patriot.
CHAIRMAN NANCE: Commissioner Henning, then
Commissioner Fiala.
COMMISSIONER HENNING: Fred, I think what you're asking,
correct me if I'm wrong, is for the county to match a match. If you
have commitments out there, somebody saying 100,000, 200,000, you
want the ability to say the county will match your match.
(FORMER) COMMISSIONER COYLE: That's what --
COMMISSIONER HENNING: Different from the motion. And
I think I've learned from past experience, hopefully I have, you want to
hear the public before you make motions and vote on it.
However, let me just say about this particular project, it's most
appropriate for the Board of Commissioners to be a partner in this. It's
on county property, and that was developed long ago and allowed the
Freedom Memorial to take place in the gateway of our community.
Since then, the board has built the Gordon River Greenway across
the street connecting the Fred Coyle Freedom Park. So we need to get
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February 10, 2015
it finished, and we need to tell the community it's a community asset
and, therefore, that's why we're using their tax dollars to complete this
project.
(FORMER) COMMISSIONER COYLE: Yes.
COMMISSIONER HENNING: I'm very supportive of it;
however, I do want somebody to craft a motion that will fit what
Commissioner Coyle has stated. I think you could get there quicker.
(FORMER) COMMISSIONER COYLE: Thank you.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. After your marvelous speech, I
can't add much except this has been waiting for a long time, and it
hasn't been one of the things we're very proud of as it sits there and
deteriorates. And I'm just happy to see there's so much -- so much
agreement amongst the board members to get this thing taken care of.
And it's a great idea to do it this way, matching the funds, and so I'm
wholeheartedly in support of this.
(FORMER) COMMISSIONER COYLE: Thank you.
CHAIRMAN NANCE: Thank you.
Commissioner Taylor?
COMMISSIONER TAYLOR: Just so you know, that last month
I spoke with the Presidents Council, Collier County Presidents
Council, and they were adamant the Collier County Government needs
to step in and make this happen. Now, they didn't quite say it like that.
But in response, Commissioner Henning, to your concern about
the public, I think they've weighed in. It was unanimous. This is --
this is -- well, they used other words, but let's put it this way, they want
it done because it's what we stand for.
So thank you for your tenacity, thank you for your vision, and
let's get it done.
(FORMER) COMMISSIONER COYLE: Thank you very much.
Appreciate your support.
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February 10, 2015
CHAIRMAN NANCE: Thank you.
Commissioner Hiller, would you like to craft your motion,
ma'am?
MR. OCHS: Mr. Chairman, you do have other registered
speakers?
CHAIRMAN NANCE: Oh, I'm sorry. Let's hear from the rest of
the public speakers.
MR. MILLER: Mr. Chairman, your next speaker is John Sorey,
and he will be followed by Gerald Ladue.
MAYOR SOREY: Thank you, Commissioners. John Sorey, for
the record. I'm here today as chair of the gala that we will have on
February the 20th. And I thought Mr. Coyle did a great job with the
history, and maybe I can very quickly articulate what we need from
you, because the last thing we want to happen is to have an issue again
with the Freedom Memorial, because that has created some challenges.
This is the most difficult fundraiser that I have ever been involved
with, and I'm not sure I understand why. I'm not going to articulate my
comments that I made in the newspaper and that sort of thing, but I do
want to thank Commissioner Hiller for being the initiative on this and
all the other support.
So what we need -- and Mr. Henning, I'll hopefully answer your
question. I was able to obtain a $100,000 challenge grant which we
have now matched. We have raised 215 -- we had a meeting this
morning. As of this morning, we've raised $215,000, so the 100,000
has been matched, and we need to articulate this motion so that there's
no issue with the Clerk of Courts or anyone else, and we need that you
have the motion such that any monies raised since October 1, when we
had our first gala meeting, until we get to the 600,000 is the way it
needs to be done. Because we have, right now, $215,000 that we have
raised. We have additional pledges which will be forthcoming that
night, and we're dedicated to get this done, because it's an eyesore
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February 10, 2015
coming into the City of Naples.
It's a reflection on our first responders and our veterans, and I'm
committed to getting it done. But we do need to match the money that
we have raised thus far.
Does that answer the question, Mr. Henning?
COMMISSIONER HENNING: No. We want to craft a motion
that will allow a matching of the match --
COMMISSIONER HILLER: No.
COMMISSIONER HENNING: Of future matches.
COMMISSIONER HILLER: No. Can I comment, please,
Commissioner Nance?
COMMISSIONER HENNING: Well, he asked me a question,
Commissioner Hiller. Maybe I should go to you first.
MAYOR SOREY: Mr. Henning, the $100,000 was a match, and
we have matched that, so we now have 215-, which is the 100- plus
115,000. So that is clear now, so it's no longer a match to a match.
COMMISSIONER HENNING: And I understood that; however,
do you know that you're going to get future matches?
MAYOR SOREY: We don't need future matches. We have
matched the 100,000 with 115,000 as of this morning, so that's
completed. Okay.
Any other questions for me? Ms. Hiller?
CHAIRMAN NANCE: Thank you, Mr. Mayor. I think it's very
easy to establish how we match the money. We simply match all
monies raised and pay those monies out a couple times a year as we
get a statement, and it certifies how much monies have been raised. I
think all funds following a given date is sufficient, but we have one
more speaker, Mr. Miller?
MR. MILLER: We have three more speakers, Mr. Chairman.
Your next speaker is Gerald Ladue. He'll be followed by Greg Speers.
COMMISSIONER HILLER: Can I please address Mr. Sorey's
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February 10, 2015
remarks, Mayor Sorey's remarks, please?
CHAIRMAN NANCE: Commissioner Hiller.
COMMISSIONER HILLER: Mr. Ladue, would you allow me
just to address Mayor Sorey's remarks before you speak?
MR. LADUE: Yes, of course.
COMMISSIONER HILLER: Thank you.
Mayor Sorey, would you mind coming up to the podium. I
completely understand your concern. And I think the motion, as I've
made it and as it's been seconded by Commissioner Fiala, is clear. As
of October 2014, and we'll say October 1st, 2013 --
MAYOR SOREY: Fourteen.
COMMISSIONER HILLER: -- I'm sorry, '14, regardless of
whether it's a match to a match. As long as it's a private contribution
to that initiative, the county will match it dollar for dollar.
MAYOR SOREY: Right, thank you.
COMMISSIONER HILLER: And I think what should happen is
you need to, for the benefit of the clerk, submit proof by way of the
canceled check -- or the deposit of the donation. And then I think
that's up to -- I'll let the county manager come up with a system along
with the Clerk's Office, whether you should be -- you know, whether
you should receive your distribution monthly or quarterly, whatever
makes most sense. But it should be -- the money should flow to you as
expeditiously as possible so you can move along with the construction.
I don't want to see the payout held up. So the faster that you can
show proof of the deposit of the private donation, the faster the county
can turn around and give you the county match so you have double the
money to move forward on the construction, because the whole goal
here is to get this done.
MAYOR SOREY: Get it done.
COMMISSIONER HILLER: Could you take a moment, and
could you tell everybody about the event that's coming up on February
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February 10, 2015
20th. Let people know where it's going to be held, what the price is,
how they can buy tables, if you have, you know, a website that they
can get back to, to make their reservations.
And after you make that comment, I'd like to ask that every
member of the board here today put a table of 10 together. I just did.
And I think if each one of us did, that's 50 people right there. That
would be very exciting.
MAYOR SOREY: That would be great. Let me address your
first comment. We will work with the Clerk of Courts and the county
manager to ensure that we're dotting all I's and crossing all the T's.
The event is February the 20th at 6 p.m. at the park. We'll have a
tent erected in the parking lot. We'll have valet parking. We'll have --
Shula's is working with us on the dinner. It will be a gourmet dinner.
We'll have patriotic music; we'll have the ROTC cadets there, so it will
be the type of evening that's appropriate for this memorial.
The tickets are 500 for patrons and 250 for regular tickets. And
you can go online and make a reservation to
FreedomMemorialofNaples.org, so --
FORMER COMMISSIONER COYLE: Freedom Memorial
Foundation.
MAYOR SOREY: -- FreedomMemorialFoundationof
Naples.org. Thank you, Mr. Coyle. So it's a handful as far as location.
And if you have any questions, anybody can give me a call,
239-248-1550, and I'd be glad to provide any assistance. And, again,
Commissioner Hiller, thanks for your leadership.
COMMISSIONER HILLER: And thank you for yours.
CHAIRMAN NANCE: Thank you, Mr. Mayor.
Mr. Miller.
MR. MILLER: Your next people is Gerald Ladue. He'll be
followed by Greg Speers.
MR. LADUE: Good morning, Chairman Nance, Commissioners.
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February 10, 2015
For the record, I'm Gerald A. Ladue living here in Naples, and
I've known all of the elements of the Freedom Memorial. I designed it
to honor the victims and heros of 9/11 and to pay tribute to the past and
present veterans. Situated in the Fred W. Coyle Freedom Park
represents Shanksville. The commemorative bricks form a pathway in
the shape of the Pentagon. And to gaze into the "once it's completed
fountain" the water mount that -- the water element that is in the back
of the memorial, you will be able to see the illusion of the Twin
Towers.
There are going to be three benches. Each one of the benches will
be engraved with the name of a site from 9/11 . There are going to be
50 stepping stones around the top two sides of the Pentagon. Each one
of these stones will be for each one of the states of our union.
Commemorative bricks are red four-by-eights for $100, and you
get three lines of engraved copy. The eight-by-eight white bricks are
for $300, and you get six lines of engraved copy. All donors of
contributions of$1,000 or more will have their names engraved, with
others, on brass plaques to be installed at the memorial upon its
completion.
Commissioner Hiller, thank you for bringing this before the
board, and thank you to the patriotic citizens of Collier County, for
without their help and their generosity, this would still be waiting to be
completed.
If you have any questions?
CHAIRMAN NANCE: Thank you.
MR. LAVINSKI: Thank you.
MR. MILLER: Your next speaker is Greg Speers. He'll be
followed by Keith Dameron.
MR. SPEERS: Thank you very much, Commissioners, and Jerry
Ladue, designer of the memorial. Great job, and he continues to get
this effort done, Jerry. And we're going to see it done, and -- but I
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February 10, 2015
want to -- I'm here representing the Freedom Memorial Foundation and
the Freedom Memorial Task Force. And as you know, there's another
group headed by Mayor Sorey, the planning committee that is going to
-- in charge of the gala, February 20th gala. We're all looking forward
to that.
But I'm standing in here for Jerry Sanford. Jerry is one of the
originals as well as Commissioner Coyle and Jerry Ladue and my
friend back there Rich Gibbons from the East Naples Fire Department,
required lieutenant and a former commissioner there.
Jerry Sanford, though, wanted me to address the board and the
audience to say that there's one item apparently in that motion, in the
text of the motion that states something about donor's plaques being
attached to the memorial or part of that. He wanted a correction there.
Now, the donor's plaque start from a $1,000 personal donation all
the way up to a six figure, a hundred thousand and above donation. So
they start from the eagle at the $1,000 donation up to the hero's
donation in the six figures.
The plaques for those particular personal donations will not be
attached to the memorial itself but will be on the site of the memorial.
So the idea is for the Freedom Memorial, the waving flag and the
flag staff and the globe and the eagle that will be attached to it
ultimately, will be the freedom memorial unadulterated with any
commercial names, corporate names, or personal names, but those
donors will be recognized on site in the way of a plaque. So we made
that correction, if we could.
And thank you so much.
Now, Commissioner Coyle said this has been related to history of
a thousand years of how, you know, this all started with the tax on our
way of life. Sometimes I think we've been at trying to raise funds for
this for a thousand years, it seems. Because it has been 11, and we're
going to get it done.
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February 10, 2015
Thank you very much.
MR. MILLER: Your final public speaker on this item is Keith
Dameron.
MR. DAMERON: Thank you.
Everything that I was going to say has been said and probably in a
much better fashion and stronger fashion.
So I'd like to conclude by thanking each of you for your support,
because this monument is not just for those who survived 9/11 and our
first responders and our veterans. This monument, to me, is for those
who cannot be here today to see and enjoy and relish in the beauty of
what will be a -- I'll call it, probably not the proper word, but an
attraction that will draw veterans from all over the State of Florida.
We're bringing the traveling Vietnam wall back to Marco Island
tomorrow to be set up on Wednesday. This is the -- Marco Island is
one of the very few cities in the nation who has had the official
traveling Vietnam wall twice. First time we had it was in 2011.
I am not a veteran. Please let me be honest with you, but I have
the privilege of being invited to work with many veterans
organizations, and their dedication and their passion and their feisty
attitude a lot of times is what moves these kinds of projects along. But
it doesn't happen because of the work of one group, dedicated group.
It happens because we rally behind what is truly the right causes and
the right projects.
This -- when this project is completed, we'll all go and sit and
look at this and enjoy it, probably pray for those who we know who
have been lost, but we'll look back on this journey as a journey well
fought and well worth the trip because we're going to have something
to show to the country that we can be very proud of.
I have the privilege of being on the eighth floor of the Iberia Bank
a lot, and so I can look down across the street and watch the progress
of the park, the Greenway, and watch the lack of progress with this
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February 10, 2015
memorial. And I am so moved and thankful to all of you for what
you're doing in your match.
Thank you.
CHAIRMAN NANCE: Thank you very much.
Gentlemen, Commissioner Coyle, on behalf of the board, I would
like to let you know that you certainly have complete steadfast support
from the Board of County Commissioners and Collier County local
government. I don't think there's anyone that isn't really looking
forward to this outstanding project being completed. It pains me each
year it has a birthday and it's not completed. So thank you for your
steadfast support, your continuing dedication to seeing it through to
completion.
We have a motion and a second. I'll call for any final comments
before we take a vote.
Commissioner Hiller?
COMMISSIONER HILLER: I just want to confirm with Crystal
that the motion is clear to you as to what the objective is, and if you
need any clarification, I'd like to go ahead and do it before we call for
the vote.
MS. KINZEL: Commissioner Hiller, I think the only clarification
-- I'm understanding this is actually the county project. We still are
receiving the contributions in through the Clerk's Office. So perhaps
contributions that are segregated for the match -- I'm not understanding
a little bit of why we would cut a check to someone. It should go
towards the construction of the fund (sic). But I can work those items
out with Leo.
MR. OCHS: Mr. Chairman?
COMMISSIONER HILLER: Yeah. That's absolutely correct.
What you just -- the last part -- in other words, whether the funds are
coming to you directly as a donation or whether the funds are coming
through, say, you know, a check given to Mayor Sorey and then hand
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February 10, 2015
it over either to Leo or to you, you know, as, you know, having proof
and deposit it.
Are all the funds being deposited in your account? Like, if Mayor
Sorey gets a check.
MS. KINZEL: No, not currently. They have an account at the
foundation, and I think that's just some of the mechanics that we'll
work out.
COMMISSIONER HILLER: So we have two -- so mechanically
what you want to do is the match is going to be a match of the funds
that you receive directly as well as -- of the match as well as of the
funds that are going into the Foundation, and then you will turn around
and you will cut a matching check towards the construction; is that the
intent?
MR. OCHS: No. Ma'am, as Ms. Kinzel said, the construction
project is a county construction project.
COMMISSIONER HILLER: Okay.
MR. OCHS: There'll be no money going back out.
COMMISSIONER HILLER: Oh, I see. That's fine.
MR. OCHS: Private donations will come in, be matched through
budget amendments, and I'd ask you to authorize that as part of your
motion, into the dedicated Freedom Memorial Trust Fund that's
already established, and we will use that fund, then, to complete the
capital project.
COMMISSIONER HILLER: That works very well. Does that
make sense, Crystal?
MS. KINZEL: That clarifies the mechanics.
COMMISSIONER HILLER: Yeah, that's fine. And then I'll
modify my motion to add that, you know, all necessary budget
amendments be made at such time as the funds are pulled out of the
capital or General Fund to match the private donations made towards
this project from -- as of October 1, 2014, going forward --
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February 10, 2015
COMMISSIONER FIALA: The second agrees.
COMMISSIONER HILLER: -- up to 600,000.
CHAIRMAN NANCE: And the second agrees. Wonderful.
Any final comments?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: It's approved unanimously. Thank you,
gentlemen.
(FORMER) COMMISSIONER COYLE: Thank you.
(Applause.)
CHAIRMAN NANCE: We are going to now take a break for the
court reporter, and we will return at 10:48.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
Item #11E
STATUS REPORT REGARDING THE STAFF REVIEW OF
PROSPECTIVE SITES FOR THE SOUTHWEST FLORIDA
SOCCER FOUNDATION SOCCER COMPLEX - MOTION
ACCEPTING STAFF'S REPORT AND THE BCC DECLARE AND
REMOVE FROM THE LIST ANY LAND WITHIN THE ORANGE
TREE PUD, THE RANDALL CURVE, AND THE FAIRGROUND
— APPROVED; MOTION TO REVIEW THE LIST OF
PROPERTIES AT A WORKSHOP MEETING IN APRIL WITH
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February 10, 2015
THE PARKS AND RECREATION IMPACT REVIEW —
APPROVED
CHAIRMAN NANCE: Yes. Mr. Ochs, I believe this takes us to
our 10:30 time-certain.
MR. OCHS: Yes, sir, Mr. Chairman.
That's Item 11E on your agenda this morning. It's a
recommendation to accept the status report regarding the staff review
of prospective sites for the Southwest Florida Soccer Foundation
Soccer Complex, and Mrs. Amanda Townsend, your Public Services
Operations Support Director, will make the presentation.
MS. TOWNSEND: Good morning, Commissioners. Amanda
Townsend, your Director of Operation and Veterans Service for the
Public Services Division.
I want to bring the board up to date on our endeavor to find an
appropriate location for the Southwest Florida Soccer Foundation
Sports Complex initiative.
To bring those listening up to speed a little bit on the history of
this project, in December of 2013, the board directed staff to look for
an appropriate site for this initiative at the -- in response to a public
petition or a public presentation by Mr. Jeff Butzke of the Southwest
Florida Soccer Foundation.
The proposal was to build a multi-sports complex containing
eight soccer or multi-use fields, 30,000-square-foot training center, and
a 7,000-seat stadium. This was proposed to be a private/public
partnership modeled -- our best parallel would be our relationship with
the Galisano Children's Museum of Naples that has a lease on a portion
of land at North Collier Regional Park, built that facility and runs it
independently and, of course, with public access.
Public services division administration took the lead on the
project and, of course, worked with the soccer foundation as well as,
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when needed, resources from our tourist development department, the
real estate services department, and the hearing examiner.
We looked for sites that would have appropriate ownership, of
course; size, location, accessibility; a minimized amount of
environmental or zoning concerns; the availability of utilities; of
course, fit with surrounding land uses as well as attractiveness for
tournament play; the nearby availability of hotels, restaurants,
interstate interchanges, that sort of thing.
We looked at 27 different sites; 11 of them were county owned,
16 were non-county owned. Those privately held lands, we had
minimal dialogue with those landowners. It was really an internally
focused project seeing if we could find the appropriate space. I'm
sorry to say that we have not yet found a site that has emerged as the
ideal location for this initiative.
I want to address Big Corkscrew Island Regional Park just briefly
because the reinvigoration of the Big Corkscrew Island Park
development and the search for a proper site for this -- for this
initiative have gotten somewhat intertwined. I think we can untangle
them today, perhaps.
Big Corkscrew Island really emerged as a front runner in locating
this initiative because it had the least number of zoning hurdles. We
recognized right away that it would not be appropriate for a stadium,
but for Phases I and II of this project it seemed to be a fairly attractive
location.
You may know that Big Corkscrew Island Regional Park had
been put on hold for several years during the economic downturn.
And with this -- with this fiscal year, revenues for impact fees are
coming back, and we were able to revitalize that project. In so doing,
we had some public meetings to see if former plans for that park were
still resonating with the community or if the needs were different.
In so doing, we proposed this initiative, the soccer multi-sports
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complex initiative for Big Corkscrew Island Regional Park at two
public meetings in September and October. Public response was
overwhelmingly negative. The public was very much interested in a
more traditional community or regional park for that location.
In your packet, in the agenda backup you see a matrix that took
those sites and evaluated them against the nine -- the sites that we
looked at and evaluated them against the nine criteria I mentioned
earlier. This is a bit of a matrix and an eye chart in the room, I'm sure.
I won't go over it in detail, but a bit of-- the best we can do at an
objective assessment of the various sites based on the criteria we were
looking at, I'm absolutely certain that the rankings on individual
categories for individual sites are arguable, and our scores may have
been generous in some places. But if we want to talk about individual
sites later, I've included this for our reference.
I also have the ability to pull any of these sites up on GAS if we
want to talk about them specifically later.
Two items of note. One is that although you see here counties
that are owned by the county -- properties that are owned by the
county, they are not necessarily all designated as park sites. And so if
we decide that one or another is more attractive and we would want to
pursue that, if it's not designated a park site and say, perhaps, it was
purchased by the water/sewer district or something like that, there
would be an expense to reimburse the purchasing entity for that piece
of property if we were then -- going to, then, change the use of it.
The other thing to note here is that you see that the Collier County
Fairgrounds sort of scored out the highest in this matrix, yet it scored
very low in that column that says "encumbrances." As you're probably
aware, the fair board has a lease on that property, the term of which is
not up until 2037.
Today, really, this is an item for the board to give staff direction.
Some of the options you might have would be to pursue one or more of
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these properties that you've seen here today. We could broaden or
change the scope to find an appropriate site, or there's a possibility that
we could work through the tourism department to do a more
comprehensive countywide needs analysis for sporting and tournament
events and identify, comprehensively, needs and potential areas where
initiatives like this could be sited.
And that's all I have for you.
CHAIRMAN NANCE: All right. I'm going to -- I'm going to
make a few introductory remarks because this is in my district. I fully
support sports tourism and initiatives like Mr. Butzke has brought
forward. I think they're very bold, I think they're very innovative, and
I think they certainly have a place in Collier County to help us not only
broaden our economic efforts and business.
That having been said, I'm very disappointed in the direction that
this effort has taken because it has been fairly systematic in efforts to
take existing properties away that have been committed for public use
in District 5, and that is that it began many, many months ago as an
effort to take property potentially away from the fair board, which is
one of our longest existing District 5 not-for-profits and who always
support rural activities, 4H activities for almost a thousand children in
Eastern Collier County, and then it moved forward to a focus that
began very clearly in September of 2014 to be focused on the Big
Corkscrew Island Regional Park property.
The Big Corkscrew Island Regional Park, or the concept of it,
have been in the community that I and Gail have lived in my whole
adult life, there's been a discussion about the park. And over time,
those park lands were identified as potential areas. And then, you
know, after a donation by Mr. Brian Paul, we had an opportunity to
expand those holdings to almost 150 acres in adjoining property with a
goal of creating a park.
Our service area for this park is enormous. It covers almost the
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entire eastern part of the county, centered on Golden Gate Estates, but
reaching out to Immokalee, and then reaching back into Commissioner
Henning's district.
Within that district are 30 percent of the children of Collier
County. That's extraordinary when you figure that each commission
district only contains 20 percent of the population.
So in our district, almost 50 percent of the homes contain children
where in the remainder, and particularly the urban coastal zone of the
county, barely over 20 percent of those homes have children. So this
potential regional park is of imperial importance not only just because
of the number of children, but because over 70 percent of them are
designated by Collier district schools as being disadvantaged. So the
need for these parks are huge.
This park has been delayed time and time again because of
priorities for other activities. I don't want to go back and reach into
those, but what I will say is the recession came at the absolute worst
possible moment, and it has delayed this park to the point where
people are very, very disappointed and disheartened out in District 5
about the status of this park.
I've watched my wife teach children who were growing up hoping
to have a park, and they are now having children who are hoping to
have a park. I'm sorry that I cannot support the soccer complex
initiative in this location simply because in no way is it a suitable
replacement or substitution for a regional park that needs to serve the
constituents that we have.
So I simply -- I can accept the data that we have here as
informational, but I certainly cannot accept it as a reasonable
prioritization because these lands have, for many, many years, been
dedicated in our community repeatedly as a source of our park, and I
certainly can't support any effort to take that away. It's not a
substitution. It's not acceptable. I've talked to everybody in Eastern
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Collier County, and I don't know anyone that thinks that that is the
case.
In addition, so desperate are we for funding to get this park going
that we approached the Golden Gate Land Trust Committee that holds
properties left over from GAC -- excuse me one moment. I have to
have a Marco Rubio moment here -- to take the 47-acre Randall curve
property and sell it, to entitle it and sell it so that we can take that
property which was given by the Golden Gate Land Trust Committee
to parks and recreation for a park, to take that property and use the
cash to jumpstart our regional park so that we can move this forward.
Desperate for cash. That is one of the assets.
So I'm very anxious to hear from the public speakers, but I'm
going to make a motion and request that the Board of County
Commissioners in Collier County set forth a policy by which we are
not going to set aside or give away any of our park properties or assets
in District 5 until we get our regional park produced that is the largest
and best regional park we can put together to serve our district.
So I'm going to make that motion that we take those properties,
including the original 59 acres, the 100-acre lake, and the 47-acre
parcel which is a park asset to District 5, off consideration now and
permanently so that we can build the Big Corkscrew Island Regional
Park.
COMMISSIONER TAYLOR: But what's your motion; taking it
off the list?
CHAIRMAN NANCE: My motion is to remove these properties
formally from the list of consideration for anything else other than its
intention to produce a regional park for the people.
COMMISSIONER TAYLOR: A very resounding second.
COMMISSIONER HENNING: Mr. Chairman?
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: If you can include in your
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motion that we direct staff to work, and the sports soccer association,
to work with the Tourist Development Council to seek if they have any
desire to create a sports facility in Collier County.
CHAIRMAN NANCE: Yes, absolutely, Commissioner Henning.
And I will say, I do support this effort. I do support this effort, but I do
not support it at the expense of our park properties, nor do I support it
at the expense of our fairground properties. This is an entity that has
been in the public domain out there for years, providing service and
helping children for years and years and years.
So I don't want to see our District 5 properties have to be
sacrificed for this project, and basically it's because of this: If we just
make political decisions and we predate (sic) the properties that we do
have, there's no net gain. If we give up the fairgrounds to get another
project, what have we got? We've given up one to get another.
I want to find areas in our county for projects Mr. Butzke's where
we have our cake and eat it, too. I don't want to have us have to give
something up to get something great.
So I do support it. I just cannot support it at these locations, and I
will certainly modify my motion, Commissioner Henning. I think
that's very thoughtful. We do need to look at that. And actually, I
believe we're going to have an opportunity even today to talk about
areas where we can -- we can talk about having things where Mr.
Butzke's proposal might be more appropriate.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you. Two things. The
first thing, very simply audience, we've got an audience here with five
-- four, five people that are sitting here waiting for the CRA issue. It's
not going to be handled before noon. I know some of you have to leave
at quarter to 12, so I would just ask that we could put that item off until
the next meeting and give it a time-certain of, say, 10 o'clock, rather
than have these people wait here any longer. I know that they're --
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February 10, 2015
CHAIRMAN NANCE: Commissioner Fiala, we might be able to
make it here.
COMMISSIONER FIALA: You think so?
CHAIRMAN NANCE: I think so, ma'am.
COMMISSIONER FIALA: Well, okay. Then we'll just wait.
Okay. My second --
CHAIRMAN NANCE: If we can't, we'll entertain that.
COMMISSIONER FIALA: And my second comment is purely
-- it's very simple. It gets right to the heart of this whole issue. I do
not think, and never will think that any sports complex of any size
should ever be located in a neighborhood. There should not be homes
abutting this fairground (sic) because it will destroy those homes
forever.
So I think we have two prime subjects on our selection here. One
of them was county owned. It's called the Mellon property. Right now
it's not easily accessed, but it's over there by the landfill. It's not
located near anybody's neighborhood. Nobody has to be -- nobody has
to worry about the noise and activity and lights and hours kept. That's
perfect.
The second one is not owned by the county, but it's an even more
ideal selection, and that is the CityGate property. It's a huge area,
perfect. Nobody -- no homes. There even hotels on the property
located right there at the crux of all of the major interstates coming
together, perfect access to it, not only that, but easily accessible from
the airport as well.
So I don't know how much that would cost. That's the problem.
There's a cost involved with that. But I think those two are the only
ones that we could consider or that we should consider.
Thank you.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Yes. Thank you very much.
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February 10, 2015
I think, Commissioner Nance, you know, I respect whatever
decision you want for your district; however, I will say that what's
being proposed is not to take away from your properties but actually to
give you something where, given that we don't have enough funds to
build something of this size right now, would bring amenities to your
community much faster than they would otherwise get there.
But it's entirely up to you. I mean, it's whole concept
public/private partnerships, and if you look up what a P3 arrangement
is, you'll understand how this works, not that this is necessarily a P3 in
its purest form, but it's very similar to that.
By example, at North Collier Regional, we entered as the county
into this type of arrangement with the Golisano Children's Museum,
and we gave them a ground lease, and in exchange they built the
Golisano Children's Museum because we did not have the funds to
build a children's museum. It has been a resounding success for the
benefit of the community. And that's, in effect, the model for this type
of project.
I don't think that North Collier Regional Park and the surrounding
neighborhood would be adverse to seeing a soccer complex on that
location. I understand that there might be some hurdles that have to be
overcome to make that usable for such a complex, and I would
encourage staff to look at that facility and see whether or not that
particular soccer setup as proposed by Mr. Butzke could be considered
for that location either in whole or in part.
One of the things that I understand is that Mr. Butzke had said
that he did not necessarily want to see the actual stadium and the fields
and the indoor facility on the same location. So maybe what you
might look at is only the fields and an indoor facility.
And it's also my understanding that Mr. Butzke's intent was to
ensure that more than one sport could use those fields, that it wasn't
intended just to be for soccer, but to the extent that they weren't using
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it for soccer that it could be used for lacrosse, that the indoor facility
could be used for basketball. And it's also my understanding that they
were reaching out to the other leaders in the other sports fields to see if
they would be interested in partnering towards this end.
So, you know, Commissioner Nance, if you're not interested in
benefiting your district with this type of public/private partnership, I
certainly would not object to it in our district. I know that North Collier
Regional Park would love to have more soccer fields, would love to
have more baseball diamonds. And, you know, if we could bring in,
either on the baseball/softball side or on the soccer side, private entities
that would partner with county government to expand, you know, what
we have available at North Collier to benefit the region, I certainly
would be supportive, and I completely respect where you're coming
from, Commissioner Nance, and we'll make sure not to recommend
any public/private partnerships for your parks in the fifth district.
So I'll support your motion.
CHAIRMAN NANCE: All right. Thank you very much.
I am very committed to big idea sports tourism and sports parks
in Collier County. That having been said, I don't want to see Mr.
Butzke have to go in -- he came to us, and he started asking for 60
acres -- and this is my experience in Collier County.
This is what always happens. We start saying, well, you know,
we really need 60 acres. Okay. If you walk in on day one and say you
need 60 acres, you know how many acres you need? You need 100,
okay. But that's not the way we go in Collier County. We go, well, is
50 okay? Well, we might be able to -- you know, we'll trim it over
here. We'll get it down to 50. Next thing you know, it's down to 40,
then it's 30, then somebody says, well, I've got 28 acres over here, and
so you try to put 10 pounds of flour in a 5-pound bag again.
What we need is we need a home -- everybody can see in Collier
County that we need a home for swamp buggy, okay. It's surrounded
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February 10, 2015
by Hacienda Lakes. Where are we going to put swamp buggy?
Nobody knows. We don't have anything.
The fairgrounds is outgrowing its current location. It is being
surrounded by residences, and that is an entity that can continue to
grow and thrive. They already want to do expansions there. We need a
place for that. We need a place for ideas like Mr. Butzke's. I have had
BMX bike people say, hey, we can put together a big effort and put it
somewhere -- excuse me.
We simply need an area where this is appropriate and that we can
let it be everything it can be, where we can share parking, we can share
infrastructure, where we can do something together so that we don't
have to recreate the wheel.
So I am completely supportive. If we can add things to
community parks, if we can add things to North Collier Regional Park,
certainly I'll support it. That's a beautiful park. It's a $60 million
community park. I just want to get started on our community park out
here. And we've said from the beginning that the initial phase of it
would only be 12-.
So I'm hoping that we can get support on the Board of County
Commissioners to go forward and move forward on the park, and I
will ask for the comments from Commissioner Taylor. Sorry, ma'am.
COMMISSIONER TAYLOR: As a seconder to your motion,
Mr. Chairman, I'm not sure what the motion is now. So maybe I need
to withdraw and let you make the motion, and then also make some
comments. But let's clean that up, first.
CHAIRMAN NANCE: Okay.
COMMISSIONER FIALA: How many speakers do we have?
CHAIRMAN NANCE: Yeah, let's hear the speakers again, and
then I'll restate my motion, and we can go forward.
COMMISSIONER TAYLOR: Fine. That's good.
CHAIRMAN NANCE: Thank you.
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February 10, 2015
MR. MILLER: Mr. Chairman, we have 17 registers speakers on
this item. Your first speaker is Louis Piche. He'll be followed by John
F. Graham.
MR. OCHS: Mr. Chairman, if the speakers would be kind
enough to use both podiums and one come up as your name is called
behind the other, we can move this along.
CHAIRMAN NANCE: Go ahead, sir.
MR. PICHE: All right, thank you. Thank you for letting me
speak, Commissioners. My name is Louis Piche. I'm with Americans
for Prosperity here in the Naples area, and we fully support the use of
taxpayer funds to provide necessary and desirable services to the
community.
We certainly support team sports as an excellent activity for
Collier County's children to have access to, and we recognize the
opportunities that these facilities may present in terms of hosting
events; however, there is much that's still unknown about the specifics
of the proposed partnership. And as we all know, the devil's in the
details.
While this proposal looks like a great investment for the
community on the surface, there are few aspects of the proposal that
indicate there will be a significant hidden cost to the county and to the
taxpayers by extension. It's our belief that all these costs should be
fully known, discussed, and approved by the taxpayers of Collier
County before the project should proceed.
With that being said, we submit the following questions and ask
that the county commission thoroughly examine them and provide a
detailed response in order to better inform the taxpayers.
Number one, who covers the cost that makes the site suitable?
Will the proposed sites need to be graded? Are there moisture or dirt
drainage problems we need to be addressed? And who will pay the
alterations to the site?
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Number two is, who covers the infrastructure cost necessary to
make the site workable and accessible? Who will pay to ensure road
access reaches all the way to the proposed site and that there is
adequate electrical and water capabilities extended to the site? Will
the additional traffic lights and other road alterations be necessary due
to increased traffic in the area?
Number 3, when the Southwest Florida Soccer Foundation says
that the county will only be asked to provide the site at low rent and
financing options, what do they mean by financing options? If they're
referring to municipal bonds, that is -- or this is a proposition that
could cost county taxpayers a lot of money down the road.
The use of municipal bonds for financing are attractive on the
surface because they offer higher return on equity to the borrower but
don't show up immediately on the lender's ledger. But just because the
possible costs are delayed does not make them less of a cost.
If, however, the complex is a failure, the Southwest Florida
Soccer Foundation is forced to default, the county will be left with a
significant municipal debt to be paid over time, syphoning money from
necessary government services.
A 2005 Rutgers study analyzed the unexamined impact of the
sports subsidies. These unexamined costs, costs that are paid by the
local community but don't necessarily show up on a balance sheet,
include things like the cost of the land, drain on public services, the
loss of property taxes.
The study found that public costs are underreported by $50
million per facility. And even if this local facility is as big in scope as
some of the pro stadiums in the study, we must be wary of the less
(sic) that it teaches a hidden cost.
So since local property taxes go in large part to education, we
need to think carefully about whether there is a true benefit to this
partnership.
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And I have these questions here if I can drop them off.
CHAIRMAN NANCE: Thank you, Mr. Piche.
MR. MILLER: Your next speaker is John F. Graham. He'll be
followed --
CHAIRMAN NANCE: Commissioner Hiller would like to --
COMMISSIONER HILLER: I'd like to thank you for your
comments, and cost is always at the forefront of my mind, as you well
know.
MR. PICHE: Yes.
COMMISSIONER HILLER: So I appreciate you bringing it
forward.
The primary discussions, as I understand, is that there will be no
costs. So all the costs related to preparing the land for development,
any sort of, you know, bringing utilities to the site, would all be borne
by the Butzke group. There would be no out-of-pocket cost on our
part, and we've made that clear, that the only thing that would be
provided under consideration of-- if anything does come forward is
the long-term lease agreement, just like we did with Golisano. So
what I'm saying is no expenditure, to answer that question.
And with respect to the municipal bonds, there was never any
discussion of any municipal bonds. And I would agree with you, we
would not float any bonds for their benefit. I believe what was
discussed was them applying for an industrial revenue bond which
would be at no -- which is not backstopped by the county and is not a
county obligation. That becomes fully their obligation and will not,
you know, in any way, go to the taxpayer being obligated.
So I really appreciate you raising those points, because I thought
of the same. And from what they have been proposing at this point,
none of those issues are of concern. But, again, this is in the formative
stage.
MR. PICHE: Right.
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February 10, 2015
COMMISSIONER HILLER: I mean, they're right now just
looking for the site, and then the details of how this partnership would
evolve would be forthcoming after a location was identified, and they
would, you know, proceed to move forward. But I'm with you on
everything you said.
MR. PICHE: All right. Thank you very much.
CHAIRMAN NANCE: Thank you, Mr. Piche.
MR. MILLER: Your next public speaker is John F. Graham.
He'll be followed by Corrine Pulizzotto.
MR. GRAHAM: Thank you, Commissioner. My name is John
F. Graham. I am a 21-year resident of District 5 and a 14-year resident
of Waterways. Waterways is a subdivision that abuts three of these
locations here, and I'll get to those in a moment.
But the talk of the park -- and, Commissioner Nance, thank you
so much, because you actually were able to go point by point basically
what I'm going to say, and that is we've been waiting for a long time
for a park out there. We've been waiting since 2006, at least through
2007 on, during the economic downturn. We patiently waited.
What concerns me is there have been an incredible amount of
dollars leaving District 5 during that period of time and very few
coming back for parks and things along those lines.
So I'm concerned about that. And that kind of segues to the
following: There were two public meetings in the fourth quarter of
2014 where park and rec was nice enough to come out and make their
presentation. There was a huge backlash from the neighbors relative to
that.
And then lo and behold, when we get this matrix that was pulled
together, we've got Big Corkscrew Island Park -- and I know we're
going to go over the line items later. But to dovetail to what you said,
Commissioner Nance, as far as the Big Corkscrew Island Park not
being touched, I think you would also need to touch base with Collier
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County Fairgrounds and, even more specifically, the water/sewer site
at Orangetree.
To use soccer vernacular, it's just a free kick away from our
neighborhood and, quite frankly, they really are one entity. So I kind
of saw a flaw in the matrix in terms of how some of the neighbor
pushback would be different from one to the other. It is literally a
short free kick away.
So that having been said, we've been patient relative to the dollars
coming out, very few coming back in.
People are vehemently against the park. We need public land,
public use with no private input whatsoever relative to that location
only. A lot of us are very pro sports tourism, just not there. That area
is full of growth, full of families, the most diverse population
throughout the whole county relative to socioeconomic and age and
other demographics. Please look forward into that.
And then, ultimately, I've been told that the people of Waterways
and the surrounding areas are very concerned in terms of where we go
with that park.
Commissioner Nance, you basically took all my thunder away, so
I'm glad we're on the same page.
CHAIRMAN NANCE: Well, I apologize for that, sir.
MR. GRAHAM: That's quite all right. That's quite all right. It's
been a long time since I had to ad lib. But, quite frankly, you said it as
well as I could ever have dreamed, and I appreciate your support. I
know the people in District 5 appreciate your support.
CHAIRMAN NANCE: Sir, everyone looks forward to working
with the entire community and all the stakeholders out there to make
this park the very, very best. That's my number one concern out there,
as far as parks and recreation is, is to bring this to reality. So thank
you, Mr. Graham.
MR. GRAHAM: And, Commissioner Nance, only because you
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took five seconds of my time, could you add the water/sewer site at
Orangetree as part of a no-build zone, if you will, relative to that sports
initiative?
CHAIRMAN NANCE: We will work through it on our amended
motion, sir, yes. Thank you.
MR. GRAHAM: Thank you, sir. Thank you, Commissioners.
MR. MILLER: Your next speaker is Corrine Pulizzotto. She'll
be followed by Pam Brown.
MS. PULIZZOTTO: Hi. I live in the Waterways Naples
community, and I've attended every meeting regarding the Big
Corkscrew Island Regional Park, as well as the Southwest Florida
Soccer Foundation complex and partnership.
On February 3, 2015, I wrote to Commissioner Nance. Also, I
had copied in the commissioners, all the commissioners, county
representatives, and community presidents in the Estates concerning
the planning and developing of the Big Corkscrew Island Regional
Park and future growth of the Estates.
Based on the feedback from the community, it is apparent that we
are opposed to Mr. Butzke's proposal included and pertaining to the
Big Corkscrew Island Regional Park.
To date, the taxpayers of the community are seeking traffic
studies, access roads, public safety, environmental, and engineering
reports to support the mega project in the middle of a residential area,
with three public schools bordering the property of the Corkscrew
Island Regional Park.
Additional future growth impacting the community is the water
and sewer treatment plant, recycling plant, additional venues added to
the fairgrounds over the years, and the growth of Ave Maria and
Arthrex. The current Collier County upgrade (sic) roads and access is
limited, and a 10-to-15-mile drive to the nearest restaurant, hotel,
stores, and interstate, and a sports complex is detrimental to our
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community and will create negative impact to our taxpaying residents.
So, I mean, I do support the complex and, I mean, it's great for
Collier County, but not in the middle of a residential area. And even a
part of that sports complex, it will only get bigger and bigger if we had
those soccer fields.
And we live right there, and it's very hard. We have school lights,
and it's -- we live there, and we have the fairgrounds, and we're trying
to be good neighbors. But to put something like this, this is -- it's big.
CHAIRMAN NANCE: Thank you very much for your remarks,
ma'am. It is very apparent to anyone who studied the situation that that
whole area needs to be contemplated in its built-out state.
Certainly we have rural residential estates on the north; we have
Waterways on the west; we have the new Ronto residential areas to the
east.
One of the reasons why it's essential to conserve as much property
there as possible is that to locate suitable activities in the park is going
to require large buffers almost 360 degrees around whatever the
activities are, and so we're aware of that.
And I think staff has been very generous in their time in working
up ideas to master plan that. I think conceptually we've taken a look at
all the elements we need to include and having talked to the school
district to integrate them into that.
So certainly master planning is essential. And don't worry about
it; every detail is going to be attended to. Thank you very much.
MS. PULIZZOTTO: Thank you.
MR. MILLER: Your next speaker is Pam Brown. She'll be
followed by Annette Kniola.
MS. BROWN: Good morning, Commissioners. Pam Brown. I
am with the Immokalee Civic Association, also here representing
friends of mine that live at Orangetree who couldn't be here today
because they were working.
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I am going to echo what you've said, Commissioner Nance, and
all the other speakers that have been here today. We are from
Immokalee, but we do use regional parks when we're able to. Right
now we only have one Little League field in Immokalee that was
donated, and the other areas that we use right now are on parks
property or on school property. And so we really see this as an asset to
the area to put a regional park in for the children.
It's like my friend said, we've been waiting 15 years to have a
park for our children, and now the grandchildren are here, and they're
looking for a park. So anything that you could do to please keep this a
private -- a public land for public people, we appreciate it. Thank you.
MR. MILLER: Your next speaker is Annette Kniola. She'll be
followed by Luis Bernal.
MS. KNIOLA: Kniola.
MR. MILLER: Kniola, sorry.
MS. KNIOLA: Good morning, everyone. My name is Annette
Kniola from Golden Gate Estates.
I did write something today, but everybody pretty much took it
out of my -- all the words have been taken. But I'm going to go ahead
and read some of the things that I did write.
Through the many years I've lived in the Estates, we have all
worked very hard in trusting our government to fulfill the needs of our
community with the very much deserved Big Corkscrew Island Park,
not a soccer complex that would literally eat up our park and the land
you are considering. Over the years, with much research, we've seen
millions upon millions of park impact fees taken from District 5. Most
go into District 2 for North Collier Regional Park, a very beautiful park
and well-planned-out park, and which we would like as well.
According to parks and rec, we are next in line for our parks, and
now, once again, we are being tossed aside for one man's dream. What
about my dreams? What about our kids' dreams? What about our
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community dreams? Does any of that matter to any of you?
Obviously it does; I can see.
I'm very much for the soccer complex, without a doubt. This
could be an outstanding amenity for Collier County, but not at the
taxpayers' expense, and very risky expense this could turn out to be.
Jeff Butzke has been asked and has yet to give any sort of
financial transparency as to how this complex is to be built, let alone
any business plan set forth. How can anybody work, let alone vote, on
something on a scale without having any of these two very important
items? We've requested it. I've seen nothing yet.
The community of the Estates have made it very clear as to where
we stand. We do not want the soccer complex anywhere near our park
or any of the park properties in District 5, which, Commissioner Tim,
thank you for that motion. It was perfect.
Not only do we not have the means for such a venue, but
something this big and complex needs to be located near a strong road
network along with many hotels and shopping nearby, just as you
considered CityGate. I have that written in here as well.
To consider the Estates would be a total failure at the taxpayers'
expense, something we all agree on is unacceptable.
I mentioned here the location of CityGate or the Hussey location.
And I also -- is that -- the building on the southwest corner of Davis
and Collier still vacant? Does anybody know? Is it still --
COMMISSIONER FIALA: Yeah. The people are going through
our growth management division now with a glint in their eye looking
at it. There was already one promise on it.
MS. BROWN: Okay.
COMMISSIONER FIALA: And so it's moving along.
MS. BROWN: Well, I was just looking at that. If this goes into
CityGate, it's great because of the hotels and whatnot nearby, but that
building alone could be the soccer emporium of Collier County as far
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as gift shop, you know, whatever sports it entails that would go along
with the complex in that area. I think it's just a phenomenal area.
But, overall, I do feel we're obviously moving forward in the right
direction, from what I just heard this morning, so that's all I'm going to
say, and thank you very much.
CHAIRMAN NANCE: Thank you, Ms. Brown.
MS. BROWN: Perfect timing.
MR. MILLER: Your next speaker is Luis Bernal. He'll be
followed by Douglas Wilson.
MR. BERNAL: Good morning, Commissioners. My name is
Luis Bernal. I'm with the Council of Hispanic Business Professionals.
I wanted to talk to you today to support a regional park for
District 5. As you know, there is a big population, young population,
Hispanic population, minorities in a school area and a public park, a
regional park where different sports will be a good asset for that
community.
One thing that I would like to make sure you know is that a pool
is needed in that area, in that district. I work close to the Safe and
Healthy Children Coalition of Collier County. That group is working
against adversity. And every time that they bring children from
Immokalee, they have to go to North Naples Regional Park, and that
takes time and resources.
So given that that area has that kind of demographics, it would be
a great idea to have a regional park that is multi-sport, hopefully
including a pool for not only playing, training, sports, but also for our
senior citizens, because a pool is a good way -- my wife's a physical
therapist, and she loves therapy and aqua therapy with senior citizens.
So, yeah, I encourage you to look at the whole -- to have a
Comprehensive Plan to develop that area, not only -- you know, I'm
Hispanic. I am supposed to love soccer, and I welcome the idea of a
soccer complex here, but it's not about me, of course. It's about the
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entire community. And I encourage you and the staff to look at this in
a very comprehensive manner.
Thank you very much.
CHAIRMAN NANCE: Thank you, Mr. Bernal.
Commissioner Hiller?
COMMISSIONER HILLER: Yes. Luis, I couldn't agree with
you more. I think an aquatics facility out there is very important, and I
really support your initiative with respect to that.
After this meeting, if you don't mind, I'd like to give you the
phone number of the owner of T2 Aquatics who I've actually spoken to
about another aquatics complex in Collier County beyond the one that
we have on Livingston Road by Community School. It would really
be wonderful if we could have a facility like that. So I'll put you in
touch with him, and maybe the two of you can talk together.
If my memory serves me correctly, I believe he said that there's a
potential for some sort of grant funding out there. I'm not sure how
much research he's done, but I know that he would be more than
interested in talking to you about his ideas as well.
MR. BERNAL: Thank you very much.
COMMISSIONER HILLER: Thank you for bringing that
forward.
CHAIRMAN NANCE: Thank you, Mr. Bernal.
MR. MILLER: Mr. Chairman, your next speaker is Douglas
Wilson. He's been ceded three additional minutes from Mike Duever.
Mr. Duever, could you raise your hand so I can see. Okay, thank you.
And Mr. Wilson will be followed by Jeff Butzke.
Mr. Wilson?
MR. WILSON: Good morning. I approach today as secretary of
the Corkscrew Island Neighborhood Association. I'm not going to take
six minutes. I'll be brief.
We want to echo strongly Commissioner Nance's fine
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presentation about this matter this morning. He covered the waterfront.
And I just want to add a couple of particulars from our point of
view. And our point of view was that we did first start hearing about
what we regarded as a -- I can't use another word, but theft of 25
percent of the planned acreage for our regional park in September.
The first meeting we went to had a presentation which was
largely about the soccer stadium, but several of us were concerned that
we weren't getting very much in the way of the financial aspects of it.
And as other speakers have said, that information is still not
forthcoming, at least to us.
We do appreciate the efforts of county staff to solve this difficult
problem of finding an appropriate location for what, as Commissioner
Nance has said, is a very fine effort for Mr. Butzke to bring to Collier
County if a proper place can be found, but we are all, in our
neighborhood out there and in the various community associations,
unalterably opposed to this project being cheek by jowl with a family
public park.
We're concerned about the traffic. We're concerned about the
noise. We're concerned about a whole lot of strangers around a lot of
kids out that way. We're concerned about losing acreage to an already
small regional park facility when we know that our part of the county
is growing now as never before and is going to continue to grow.
We think we need to look to the future and plan for this carefully
so that it will be a fine model regional park. And in that regard, the
Golden Gate Community Association held a meeting recently in which
it was discussed and approved that we were going to recommend that
county staff undertake a very thorough planning process for such a
park. We support that.
And, finally, our association had a vote on this, the entire
membership, a couple of months ago, and it was unanimous that we
oppose the location of the soccer project next to -- and taking away
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from our regional park as presently planned.
Thank you.
CHAIRMAN NANCE: Thank you, Mr. Wilson.
MR. MILLER: Your next speaker is Jeff Butzke. He'll be
followed by Shirley Cothray.
MR. BUTZKE: Yes. Commissioners, I think we need to clarify
this point that's been raised continuously. This is not a soccer
complex. First of all, it is a lacrosse complex; it is a basketball
complex; it is a volleyball complex; it is a football complex; it is a
cheerleading complex; it is a wrestling complex; it is a Futsal complex;
it is any sport that your children, the community people who live in
that community, will use.
We are in the importing people from all over the world to come
here and use this facility. This facility was proposed to be used by the
people of wherever this is located, in Collier County. Yes, people
from Lee County, hopefully, will come down; yes, people in
tournaments. Shaliece Hall will talk about volleyball and the fact that
we can bring 10,000 room nights a year to Collier County, if that's
what you wish, to help out tourism industry, because the facilities will
be there to have 24 volleyball courts at this facility.
This was intended to help bring recreational facilities to Collier
County. It's not -- I'm not making money on this deal. And the
financials are always available. I offered to sit down with the
associations and present them all that information. They said, no, give
it to us in writing. No, I'm not going to give it to you in writing. I
want to sit down and discuss with you because this is a lot of
information that we've put together. And let's have a meeting. I'll
meet with anybody in this county to show them the benefit of making
this move forward.
Now, you can decide this is not what you want to do, and I
understand that, but we need this. You know, when Commissioner
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Nance talks about 30 percent of the children in this -- of the 40,000
plus children in this county needing -- being in your district,
absolutely, but where do they have to go? This is where -- one of the
places that we would have them go.
We're already starting programs at the Corkscrew Middle School.
We've moved our games to Palmetto Ridge because that is where they
need to have these activities.
We're putting together soccer programs all over, in Ave Maria, in
that part of the -- because there aren't any programs for these kids.
Where are they going to go?
I believe this will -- this was not taking away from you. It's a
lease. It's your piece of property. It's your facilities. Yes, we'll
manage it because it's going to save the county money, but we're not
looking to make money on this deal. I put in a lot of money on this
thing to make it happen.
And, again, the salaries -- if you look at our budget, the salaries
are $15 an hour, $20 an hour. We have three administrators who,
combined, will make, yes, $200,000, but that's not a lot of salary.
Somebody will make 80,000, maybe somebody will make 60,000,
maybe somebody will make 40,000, but that's not a lot of money.
CHAIRMAN NANCE: Mr. Butzke, please, sir. I support your
project 100 percent. I do. But I do not support it in this location. And
I will tell you -- and I will tell you one of the reasons why.
Currently, youth organized sports, like baseball, is being kicked
out of county properties because they have to make room for
tournaments. We don't need places for tournaments. We need places
where these kids know they can play every day.
And that's the problem. We don't have enough fields. We clearly
don't have enough fields. Our 2011 master parks plan outlines
shortages of all sorts of fields. But you know what, we don't have any
plan for making up these shortages.
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February 10, 2015
And, frankly, sir, your proposal won't catch it in a comprehensive
way that we need to do. We need to plan out very carefully what we're
going to do to make things better.
So I'm not opposed to your venture. I pledge to you I will work
to help it happen, and I will meet with you. I will.
MR. BUTZKE: It's an interim solution.
CHAIRMAN NANCE: But the community, sir, just simply
doesn't support it at this time, and they just have every reason to have
anxiety about it because it's been so long. And, unfortunately, perhaps,
you're a victim of some of that anxiety, but --
MR. BUTZKE: And I agree with you.
CHAIRMAN NANCE: That I can't -- I can't tell people how they
should feel. That's how they feel. They've told me my whole lifetime.
So I do pledge my support, and I will work -- you know, you said
you wanted to make sure that this happened in Collier County. I will
do what I can. I will work with yourselves, county staff, whatever we
can do. I pledge that I will, but I just -- I just don't think it's a right
thing at the right place at this moment.
MR. BUTZKE: And I agree with you. By the way, I didn't want
it in that area. It was -- you know, the evolution of this was, hey, the
people out there need something, so this is a great opportunity to build
something as quickly as possible.
The eight fields we talk about would be used, again, by their
children; not by us. It's by their children.
The tournaments we talk about are for their children. You know,
the Optimist Soccer Program is one of the greatest programs here in
Collier program -- Collier County. Over 1,100 kids play in that
program. They play at the Vineyards. They don't have space. This
park would have space. That's all we're talking about.
CHAIRMAN NANCE: I don't doubt you, sir, but you fail to
realize one thing.
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February 10, 2015
MR. BUTZKE: What?
CHAIRMAN NANCE: These children need everything because
they currently have nothing.
MR. BUTZKE: Right. That's exactly right. And you're not going
to build it for them in the next five years, I'll tell you that right now.
Maybe -- the plan calls for four fields. Four fields are obsolete.
CHAIRMAN NANCE: Well, the ladies and gentlemen on this
dais, sir, are actually going to decide that.
MR. BUTZKE: That's what we want.
CHAIRMAN NANCE: It won't just be you and it won't just be
me, so --
MR. BUTZKE: It's not going to be me at all.
CHAIRMAN NANCE: Thank you.
MR. BUTZKE: It's going to be you. You're the ones who are
making this happen. Not me.
CHAIRMAN NANCE: I appreciate it, sir, and I pledge my
support, as I indicated.
MR. BUTZKE: And we appreciate that. And, by the way, it
doesn't have to be in your district. It can be in anybody's district.
CHAIRMAN NANCE: Amen, amen.
MR. MILLER: Your next speaker is Shirley Cothray. She's been
ceded three additional minutes of time from Mike Cothray. Can you
raise your hand, please. Thank you, sir. She'll be followed by Michael
Ramsey.
MS. COTHRAY: A lot of what I was going to say has already
been said. One of the things that bothered me a lot was that the -- in
this document, the three-page document that doesn't have a title, the
opposition -- there was opposition to four sites, public opposition --
potential public opposition to four sites, but the actual opposition to the
Big Corkscrew Island Regional Park was not mentioned.
Likewise, there were five sites that it was mentioned that they
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were adjacent to residential communities. Well, the three sites that we
had been talking about, the Big Corkscrew Island Regional Park, the
fairgrounds and the water -- the Orangetree water/sewer pipe share a
boundary line with Waterways of Naples, a community with over 400
homes. Why that was not mentioned in here I don't understand either.
And so to base -- I think that this needs to be corrected for the
record, and that's what I'm trying to do.
I'm also wondering what happened to the parks and rec master
plan that was done several years ago. Suddenly in December 2013, it
was thrown out because somebody came out and said, I'd like a
training facility for my favorite sport and, oh, my team, and I'd like
some free land and some help obtaining financing.
Well, I'd like a lot of things, too, where I could have some free
land and some help obtaining financing, but I wouldn't expect the
taxpayers to be the ones supporting that.
The other thing is I've heard about the tourism council and that
there's initiative for sports tourism, but I don't know that that goes
along with the economic development plan that recognizes tourism as
an important established industry but not one that brings high-paying,
well-qualified or well -- high-skilled jobs that are needed to maintain a
good economic base in Collier County.
So, you know, I certainly want the snowbirds to keep on coming,
but I -- I'm not sure that that's where we should be putting our efforts
according to people that know about this more than I do.
And that about wraps it up.
CHAIRMAN NANCE: Thank you.
MS. COTHRAY: Questions?
CHAIRMAN NANCE: Thank you.
MR. MILLER: Your next speaker is Michael Ramsey. He'll be
followed by Peter Gaddy.
MR. RAMSEY: Good morning, Commissioners. My name is
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Michael Ramsey. I am the President of the Golden Gate Estates Area
Civic Association.
My group has spent a lot of time listening to the community,
going out to the community, and trying to gauge what is the major
concerns of the community.
And in the last few months, listening to the information that's
been put out there, the motion to remove the three properties from
consideration would begin to recalibrate and restore the belief to the
community we're back on the right path. And I don't know how else to
say that any more straightly, that the removal of those three properties
would restore back to the concerns of the people here that you are
listening and we might get a community park that addresses the
community needs.
Thank you.
MR. MILLER: Your next speaker is Peter Gaddy. He'll be
followed by Ruis Orellana, excuse me.
MR. GADDY: Good morning, Commissioners. Peter Gaddy,
past president of the Golden Gate Estates Area Civic Association.
I'm not going to repeat all the points that have been made. I can
tell you that the Golden Gate Estates Area Civic Association has held
three meetings over the last three months on this issue. And, frankly,
we have not yet seen one person at any of our meetings that supports
this kind of proposal for our park land.
I was out in the hallway. I was talking to Bob Mulhere. And Bob
suggested that this type of use could go in an agricultural zone as a
conditional use. And I was wondering why that was not considered. I
was going to ask that of Amanda Townsend.
COMMISSIONER HENNING: I think the direction by the
Board of Commissioners to staff is to take a look at the inventory of
land that the Board of Commissioners has, although that was expanded
a bit by the backup. But it's, you know, a great idea. The fringes could
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be a perfect place for this.
MR. GADDY: We only have maybe 400,000 acres of that
around, you know. Just a thought.
Have a good morning, Commissioners.
CHAIRMAN NANCE: Thank you.
MR. MILLER: Your next speaker is Luis Orellana. He'll be
followed by Brian Stanley.
MR. ORELLANA: Good morning, Commissioners. My name is
Luis Orellana. I'm from Naples Futsal Company.
I've been here -- like many of you, I've been many years living in
Collier County. I just moved in 2006 from Bolivia, so my English is
not very good.
But we moved to -- I was living in Golden Gate my whole life,
like, in District 3, and we built over there programs for folks in the
Golden Gate Community Center. We start with four teams. Now we
have, like, 16 teams. We serve around a thousand people over there,
so a thousand play between kids from four years old all the way to
adults.
And what I see doing the program is in the beginning, for more --
because Golden Gate is the area for more Hispanic people. I would
say 60 percent or 80 percent of population are Hispanic. What we see
-- I was coaching different classes, and we see Americans don't like to
be in Golden Gate, usually. That was in 2006 when I start.
And when we say, oh, we have this in Golden Gate, oh, Golden
Gate. They don't want to go to Golden Gate because, oh, it was too
much -- a lot of things.
So when we start the program, we build the program, and now we
have a lot of Americans going to Golden Gate and play because they
see the program is working, and now we see all the community support
and we see parents say, oh, I don't know where my kids was before,
but I come here to Golden Gate Community Center, and it's a lot of
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kids watching the games and here in both. So we are flowing now
3,000 people going every weekend from Friday to Monday.
But right now we grow out too much. We don't have space to put
more teams over there. So we say some program like Jerry's putting
together to be probably -- I don't know where they get -- in what
district they put it, but wherever they put, if they are -- like, they are
doing very good, well organized, that would help a lot to our
community.
It's not only for soccer, for volleyball. We are folks -- we have
people from volleyball, from all the sports, and I think it will be a great
thing for Collier County. Wherever you decide to put it, it will be
great for the area.
Thank you for your time.
CHAIRMAN NANCE: Thank you.
MR. MILLER: Your next speaker is Brian Stanley. He's been
ceded three additional minutes from Susan Stanley. And he'll be
followed by Mark Teaters.
MR. STANLEY: Good morning, Commissioners, and thank you
for the time to address on this, what seems to be a highly volatile
discussion.
I'm going to restate a few things that have been stated earlier
because I've always been taught in marketing, you've got to hear things
and see things 12 times before it sinks it. So if I repeat things, I
apologize.
My name is Brian Stanley, and I'm the president of the Golden
Gate American Little League. Our boundaries are the Estates. We are
known as youth baseball for the Estates in the Estates. So that's our
marketplace.
And I'm in my second year, third season as president, and I took it
upon myself to truly understand my customers, which are the families
and the kids of the Estates.
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February 10, 2015
I have talked and spoken with approximately 600 families or 600
parents with kids that come to our league, go through Max Hasse Park.
I can't find a person that says we don't want a regional park. One
hundred percent of our constituents want a regional park. They want
us to expand our program because we have a very good program. We
receive a lot of support by the county parks, but we've just run out of
room.
I'll repeat, 30 percent of this district are kids. That's huge. We're
families. We're trying to take care of our kids. We're trying to create a
great life for them in our community. I live there. I have four kids
there.
Studies have shown that if you build a sports complex, a sports
club, anything of that nature -- and I have 15 years of sports
management experience -- that you draw a circle around it of 15
minutes of travel time. That's who are your customers. Outside of
that, 85 percent of the people will not use it. They will not travel that
far.
Currently, from Palmetto Ridge High School to Max Hasse,
which is our closest park for truly baseball, it's 25 minutes. It's too far.
The number one reason from parents why they don't participate in our
baseball program is they have to travel too far. They either live close
to Max Hasse and love us, or they live close to Palmetto Ridge and
hate us. One of the two. And there's some in between.
Okay. But we've talked a lot about youth sports here and,
naturally, that's high on my mind, but I'm also a member of the
community, and I'm not young as I used to be. Think about the
population that's growing a little bit older. What do they have?
Nothing. Truly nothing. You know, there's no place to have aerobics
classes and do all these things that promote health in the community.
That's what we need to do. We need to have a healthier community.
The families need to be healthier; the kids need to be healthier. That's
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what the people of the Estates want. They want a greater and a better
lifestyle. That's it. It's simple. Very, very simple.
I haven't heard one thing about what are we going to do for the
complete family of the Estates? It's more than kids. It's about
everybody.
And Little League, we have an issue with fields. The Little
League Association basically is a national organization. They
basically say, this is where -- this is where dreams begin. And I would
love to have that open-ended statement to make to our kids but,
unfortunately, I have a different one. This is where dreams begin until
you reach the age of 13, then it's over.
Little League supports teams from four years old to 18 years old.
Unfortunately, we have to send our 13-year-olds to Greater Naples or
North Naples or Gulf Coast, which 100 percent drop out of baseball at
that point in time at the age of 13.
Little League is a feeder system for all the high school players.
So these kids stop at 12, and then they show up in high school trying to
play baseball, and they haven't played for a few years.
You know, we need something for those kids. We need
something for those kids who do not have anything to do once they
reach age 13.
I grew up in a rural area. I grew up in the country. We worked.
We worked very hard. We worked hard because we knew and my
parents knew that if you work hard, you're not going to get involved
with stuff that you do not need to be getting involved with. We need
to do that in the Estates. Kids get involved with things they shouldn't
be involved with. Why? They have nothing to do. A regional park
would give them an alternative, something to do.
Before you make a decision on any park, I ask that every single
one of you think about kids. Look some kids that live in the Estates in
the eye and tell them you don't want to build a regional park before
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you vote, or tell them I want to build a regional park because I want to
support you. That's all I ask. If you do that, I think you'll make the
right decision for the community and what the Estates families want.
Thank you.
CHAIRMAN NANCE: Thank you, sir.
MR. MILLER: Mr. Chairman, your next speaker is Mark
Teaters. I did have one additional slip submitted after the item began,
and that would be the last speaker. Should I take that, sir?
CHAIRMAN NANCE: No, sir, I'm sorry.
MR. MILLER: Okay. Mark Teaters, you will be our final
speaker then.
MR. TEATERS: Very good.
Thank you very much, Commissioners, for listening to us today.
My name is Mark Teaters. I'm from Golden Gate Estates, the
past president of the Golden Gate Estate Area Civic Association. I'm
also with the homeowners association. I'm sure you all know me.
I'm not wanting to be redundant today. I want to make sure that
my comments -- and I have a lot to say about the parks. I've already
spoken with some of you, but I'm going to focus today on the site
selection process, because that's what we're really here to talk about
today.
Commissioner Nance, thank you for your leadership on this issue.
We really appreciate all the time we've spent together and what we've
accomplished to this point.
I agree with everything you said early on. Enough said on that.
Commissioner Fiala, your options that you came up with, we
spoke about those last week. They're great. The points are well taken.
I am really disappointed in the process and how this really started.
When we had our first community park meeting, people came
expecting to talk about a park, and they were presented with some
things that concerned them.
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So I really think that we've learned a lot through all the meetings
we've had, not only the two meetings that the county put on, but the
three that the community groups put on, which we've learned a lot,
really.
I also agree with Commissioner Henning that I think that this
should be kicked over to the Tourist Development Council as a
connection. I think some of the other groups should be involved in it
as well.
The other issue we have is, it's really important, and I think some
of us have spoken about this. We're trying to work to put together a
commercial corridor in Golden Gate Estates where we'd have our
services that folks desperately need, the grocery stores, hardware
stores, those type of things, and we want to protect those properties
that we have out there to -- see that we can have the highest and best
use for all of the people that are going to live out there in the future.
And I think it's critical that we do that.
The last thing is that there are many, many questions. We all
support -- I think we all support the Butzke proposal. I think -- and
sports tourism in general. I think it's a topic for another day.
I think we have such a limited knowledge of all this. We've asked
for all kinds of documents. I've spoken via email with Mr. Butzke.
Everything that I get from him is, this is good for the people in Collier
County, and I'm really concerned with the kids and the folks that are in
District 5 and that are going to use the park.
Great for everybody, but we have to focus on the park today, all
right.
Thank you very much.
CHAIRMAN NANCE: Thank you.
Commissioner Fiala?
COMMISSIONER FIALA: Yeah, two comments. First of all, I
think we've heard you loud and clear. Annette and I have worked for
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many years together because we both know that there are parks needed
for our children desperately. And I support her, she supports me in
making sure that these kids get a park.
However, you had mentioned, Mr. Butzke, that your park is also
for the kids, but then you went on to say that there's 10,000 room
nights involved, and that somehow doesn't make me think that it's
really local kids, because I don't think any of us need to stay in a hotel
while we're playing at your park.
So then let me move on to one other thing that I've heard
mentioned here. By the way, I am in total support of placing a soccer
complex out of the reach of neighborhoods and into an area that could
support a complex. Meanwhile, I'm in total support of building a
regional park, absolutely and totally.
And getting to that, we talked about money, and I've heard it
referred to quite a few times about money taking from everything but
Golden Gate, and I think that we -- there were a lot of people that were
under the misunderstanding.
Some figures were given out that said all of the money was going
into other places, taken by people and spent there, and one of them was
my district. And when I heard that 16 million came in and 16 million
came out, or was spent, I'm thinking, now, wait a minute. You know,
I'm real familiar with the parks there, and I know that the only thing
since I've been on board, and that's the year 2000, so that's 14 -- a little
over 14 years, the only money that was spend in our East Naples -- we
have parks -- was a soccer field at the East Naples Community Park,
and it took 23 years to get that soccer field built. Nothing else has
been spent through 2011.
So I'm thinking, where did it go? So I went to the county
manager, and I went to Crystal Kinzel. I noticed, first of all, when we
saw the breakdown as it's comparing everything, you know what,
everybody in bikeway improvement, we all had the same expenditure,
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February 10, 2015
but I don't think we did.
Then you get into special equipment. Everybody had the same
breakdown, but we didn't. Same with impact fee funds, same with
impact fee studies. And then it comes to regional parks, and each one
of us spent $16,423,652. No, I don't think that happened either.
I think what they did was, rather than place it all into one area,
they divided it amongst all five commission districts and charged it to
each one of our accounts, making it look like we spent a different
amount than we actually did.
So then when it came down to my district as far as community
neighborhood -- and it says we spent $5 million, and I asked, where
did that go, because we only built a soccer field. Well, they did build
-- they did build boat ramps. They built the boat ramp on 951,
extending it. They built a boat ramp in Goodland. They built a kayak
and canoe park, but there was nothing that a child could play on.
So there's where -- you know, we need to have the breakdown.
I've asked Leo. Leo wasn't quite able to get up to it today. I asked him
to bring that --just in case that became an issue, it will be presented --
but the actual spending for each district. And it's too bad we have to
break it down like that.
Let's face it. We need a park desperately because we haven't had
a place for our kids to play at Eagle Lakes Community Park. No
community center. It was built in 1997 with no community center.
And Corkscrew -- I'm sorry I point to you in that, but you were the
advocate right from the start. They need one also. They're a newer
park. What, they were bought in 2006, but newer doesn't mean that
they didn't need it just as badly, especially seeing how the Estates have
grown now and Ave Maria has grown, and then they cut through Oil
Well Road, brings more people on there.
Absolutely, I'm just as in support of that as I am about mine. We
want to get them both moving forward.
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But just to say, well, she's got more money than me or I've got
more money than her, that doesn't do it. We know that there's a need
on both of these things, and we need to work together to make sure that
both of these parks are funded.
I don't have much left on mine. I'm just trying to build a
swimming pool, and then we're all done with my mine. And the rest of
it can all go toward this, you know, so --
CHAIRMAN NANCE: Can Luis swim in your pool?
COMMISSIONER FIALA: I think. If he -- you know, he has to
requisition.
CHAIRMAN NANCE: Okay.
COMMISSIONER FIALA: But anyway, I just want to -- I want
to thank all of you for being here. I'm in total agreement with what
everybody's said, and I think there's a smart way to do this, and I think
we're on the right track.
Thank you very much.
CHAIRMAN NANCE: Thank you.
Commissioner Taylor?
COMMISSIONER TAYLOR: This has been a fascinating
discussion for me, being the new kid on this board, because over and
over I'm hearing there's just no room.
We always think in the city of the county as being this vast
expanse of land that can be developed, and yet what I'm hearing, and
certainly what staff has gone through, is that available land isn't as
available as we think, that there is change, that there is neighbors.
And, you know, I ran on this. Neighborhoods are the backbone of
our community. If we turn our back on neighborhoods, we've turned
our back on our land, what we are about in Collier County.
I am so impressed with the speakers here and the passion
involved. And I think a regional park at Corkscrew -- I actually spoke
with Mr. Teaters on Friday and Mr. Gaddy about it, and clearly it's a
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park whose time has come. And I don't know what that means in
budget. I know we have to go forward and look at it, but I -- whatever
we do, we need to break ground.
And I also would respectfully suggest that we go through this list
in front of us and get rid of the impossible sites so that neighborhoods
and our neighbors have a bit of peace, and we give some direction to
Mr. Butzke also.
CHAIRMAN NANCE: Thank you very much.
COMMISSIONER FIALA: You sound awful.
COMMISSIONER HILLER: I got it from him.
COMMISSIONER TAYLOR: And on that note -- and on that
note --
CHAIRMAN NANCE: I tried my darndest to give this to
Commissioner Hiller at the NAACP banquet so she couldn't talk at all.
COMMISSIONER HILLER: He did. He was hugging me and
kissing me the whole time. It was, like, unbelievable. I was like --
CHAIRMAN NANCE: I can only offer her an Altoid at this
point.
Ladies and gentlemen, what I'm going to do is thank you all for
taking your time to come in. I'm going to make a motion. I'm going to
amend my motion based on the suggestions that I've heard and
Commissioner Henning's guidance.
I'm going to make a motion that we accept the staff review and
report for information only but not as far as a prioritization is
concerned. Furthermore, within my motion, I would like to have the
board formally declare that the park related and associated properties
within the Orangetree utilities and PUD area, such as the water/sewer
parcel, the lake parcel, the 59 acres, be eliminated from consideration.
Additionally, the 47-acre Randall curve, which is only a park -- a
District 5 park asset, and also to declare that the fairgrounds will also
not be used.
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February 10, 2015
Additionally, I move that we allow our tourist development
organization to examine the opportunities, benefits, and initiatives that
we could or should consider for tourist development and sports tourism
in Collier County. And then we'll --
COMMISSIONER FIALA: I will second that as long as you
somehow include that we do not want anything like this located in
neighborhoods. That eliminates a lot of things altogether, I realize, but
that way then when it's handed over to the tourism department, they
understand also that they've got marching orders. We do not want to
impact neighborhoods.
CHAIRMAN NANCE: Ma'am, they're going to look at the entire
COMMISSIONER FIALA: That's what I'm afraid of
CHAIRMAN NANCE: Well, I know. I know. We get there.
But, you know, anything that would come back would come before the
Board of County Commissioners, and I think you see the passion on
defensive neighborhoods, and I support that 100 percent. But I don't
want to get too far down the road. If we could just go with that
motion, then we go with another motion. If I could get a second for
that.
COMMISSIONER FIALA: Okay. I'll second that as --
CHAIRMAN NANCE: For discussion?
COMMISSIONER FIALA: Yes.
CHAIRMAN NANCE: Who's first? Commissioner Henning?
Commissioner Taylor?
COMMISSIONER TAYLOR: No, I think at that end.
CHAIRMAN NANCE: Commissioner Henning, sir, please.
COMMISSIONER HENNING: I don't see -- I know we want to
protect neighborhoods; however, what's the big deal about putting
sports near a neighborhood? I don't see that. I think we ought to -- if
something comes back and it's next to a neighborhood or if staff is
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given that direction not next to a neighborhood, I think you're losing
some potentials that may not be objectionable from a neighbor.
COMMISSIONER FIALA: Well, we're just talking about
complexes.
COMMISSIONER HILLER: Yeah, but you didn't make that part
of the motion. You did not accept that, so that's not part of the motion.
COMMISSIONER HENNING: I'm making a statement about, in
general, I've heard it over and over again what is objectionable
adjacent to a neighborhood would be an industrial complex, so --
anyways, it's just my comment.
CHAIRMAN NANCE: Who's next? Commissioner Taylor, I'll
give you a shot at it.
COMMISSIONER TAYLOR: Is there any support to go through
this list item by item? Staffs told me in my meeting that they've been
working on this for a year. I get it, but we only have so many people
on staff We only have so much work they can do, and if we leave this
up in the air without going through it, then staff is always going to kind
of come back to it.
I think we owe them, after a year's study, the opportunity for them
to either include it on the list or go off, and also the public. I think we
need to come to some kind of decision besides one park, which I
totally support. But going forward, then whose ox is going to get
gored here? If we don't make decisions here, then you leave that
uncertainty out there, which I just don't think is fair to staff; I don't
think it's fair to the public.
CHAIRMAN NANCE: Well, ma'am, why don't we consider this
motion, try to check this off. If you can support this motion, let's
check this off--
COMMISSIONER TAYLOR: I can.
CHAIRMAN NANCE: -- and then we can go to the next one.
Commissioner Hiller?
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February 10, 2015
COMMISSIONER HILLER: So if I understand correctly,
Commissioner Nance, you will entertain a second motion by
Commissioner Taylor which will be to direct staff to pare down this
list to a few options which are the most realistic and bring that back to
the board for future discussion, or should we have a workshop on it
possibly, Commissioner Taylor, to address the various locations and
discuss, you know, what might work best for this particular project?
COMMISSIONER TAYLOR: I see this really clean, easy vote
on it item by item, yes, no, yes, no. Certainly we can't opine on private
property, but certainly the public property we can.
COMMISSIONER HILLER: The problem is is that there's a lot
of discussion to be had on a yes-no vote on all these properties. There
are so many on that list. I think it might be best if we have a workshop
on it. So what I would suggest is, like, our first vote be on
Commissioner Nance's motion, and then if you would make a second
motion that we take that list, bring it back at a workshop, but have staff
eliminate unrealistic options that are on this list. I mean, things that,
you know, clearly are remote should be eliminated so we don't waste
time on those and just focus on, you know, maybe the top five or top
seven items -- seven properties that make most sense.
COMMISSIONER TAYLOR: Public properties?
COMMISSIONER HILLER: Yeah, public properties and
include it in a workshop so we can narrow it down by discussion.
CHAIRMAN NANCE: I'm all in favor of continuing to work
with Mr. Butzke, and I think actually you're going to be surprised. I
think we'll get a little bit of light shined on this that will be favorable to
Mr. Butzke when we talk about 11A today, because I think there's
going to be some very interesting things that are going to come
forward to the board.
So any further discussion on the motion?
(No response.)
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February 10, 2015
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: All right. Those motions -- that motion
passes 5-0.
(Applause.)
COMMISSIONER TAYLOR: And so I would like to make a
motion that we review this list at another date whether it's another
meeting, because it will be sooner than later, or whether it's a
workshop, which I understand might move it into the autumn, which
I'm not really excited about, because I think you're booked until May.
So do you have workshops in June, or are we immersed in budget?
COMMISSIONER FIALA: Or we could include it in the parks
and rec.
COMMISSIONER HILLER: Leo -- yeah. And, you know, like,
our last workshop where we spoke only about the -- where we spoke
about the libraries, we all convened for a total of one hour. We readily
could have, you know, addressed more issues than just that one.
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: It would make sense to have a few
more items on our workshop agendas.
MR. OCHS: Again, the board sets the topics.
COMMISSIONER HILLER: I know.
MR. OCHS: These are your agendas, not staff
COMMISSIONER HILLER: I know. I'm just suggesting that
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maybe you could suggest that we could have more if you know how
much time might be involved.
MR. OCHS: Yes, ma'am. You have a March workshop on
affordable/workforce housing. You have an April workshop on parks
impact fees, and the CRAs are making presentations at the April
workshop. You have a fleet maintenance workshop in May. So we
can work those -- we can add those to any of those agendas. And,
frankly --
COMMISSIONER TAYLOR: I'm going to bow to you.
MR. OCHS: -- list of public sites, if you're looking for staff
recommendations that are viable given all of the criteria, it will,
frankly, not take us very long from a staff standpoint to --
COMMISSIONER FIALA: Because now didn't somebody say
also even look at the farmland that is out there --
COMMISSIONER HILLER: That's not owned by us.
COMMISSIONER FIALA: -- that people who want to -- but he
was saying public --
COMMISSIONER HILLER: No, that's not owned by the
government.
MR. OCHS: I said -- the public -- the county-owned properties
that were on that matrix, now that it's been winnowed down by this
motion and vote, are only a handful, and the staff can give you
recommendations on which ones may or may not be viable --
COMMISSIONER TAYLOR: Okay.
MR. OCHS: -- very quickly, frankly, if you'd like it.
COMMISSIONER TAYLOR: I would -- the board's
recommendation where to put this or staffs recommendation -- I just
want this list cleaned up. I don't want you having to look at this any
more than you need to.
MR. OCHS: I think we could clean it up --
COMMISSIONER HILLER: April.
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MR. OCHS: -- in five minutes, if you want, frankly.
COMMISSIONER TAYLOR: Okay.
MR. OCHS: Seriously.
COMMISSIONER HILLER: April? Let's do it when we do the
park impact fees.
MR. OCHS: Well, you want a staff item, Mr. Chairman, or --
that would be easier than another workshop, I think.
CHAIRMAN NANCE: Let's just add it onto the parks item on
the April --
MR. OCHS: Yes, sir.
CHAIRMAN NANCE: -- if that meets the board's approval.
Let's just talk about it then, because it's all related.
COMMISSIONER TAYLOR: So that's my motion.
COMMISSIONER HILLER: I'll second that.
CHAIRMAN NANCE: I'll second it.
COMMISSIONER HILLER: I seconded.
COMMISSIONER FIALA: I think you're third.
COMMISSIONER TAYLOR: You're late.
CHAIRMAN NANCE: Oh, you seconded. I third it. All right.
There's two more speakers.
Commissioner Henning, do you have something else to say, sir?
COMMISSIONER HENNING: Yes, I do, thank you.
Don't you think it would be prudent to see if there's an appetite
from the Tourist Development Council to get involved in a sports
complex such of this nature, and then you look --
COMMISSIONER HILLER: That's part of the motion.
COMMISSIONER HENNING: No, it isn't. Hang on. I want to
speak.
CHAIRMAN NANCE: Go ahead, sir.
COMMISSIONER HENNING: You got just a minute,
Commissioner Hiller?
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February 10, 2015
CHAIRMAN NANCE: I recognize Commissioner Henning.
Please continue, sir.
COMMISSIONER HENNING: Then you can look outside the
box of available lands and appropriate lands within Collier County if
there's an appetite by the Tourist Development Council to spend TDC
funds for such nature.
CHAIRMAN NANCE: I think that's an interesting proposal.
COMMISSIONER HENNING: Okay. So, you know, let's -- at a
certain point we're going to have to ask, I think staff is, and what the
response is, I think that we should know about it and talk about it and
see if there could be a partnership.
CHAIRMAN NANCE: That's a big idea.
Commissioner Hiller?
COMMISSIONER HENNING: I'm ready to go to lunch.
COMMISSIONER HILLER: You made a motion,
Commissioner Taylor. I seconded it. I'd like to ask that you call the
vote, Commissioner Nance.
CHAIRMAN NANCE: I thought we just decided we were going
to handle it at a workshop.
COMMISSIONER HILLER: We made a motion.
COMMISSIONER TAYLOR: No, we made a motion to put it on
the workshop.
CHAIRMAN NANCE: Oh, fine. I'm sorry.
COMMISSIONER TAYLOR: That's quite all right.
CHAIRMAN NANCE: There's -- you want to speak prior to
that?
COMMISSIONER TAYLOR: Yeah. And just as I happen to be
the newly appointed chairman of the TDC, I will bring it to their board.
So rest assured that we'll -- this is not -- this is not a dead end.
CHAIRMAN NANCE: Thank you very much.
There's a motion and a second to bring the properties forward for
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discussion at the April workshop.
Any further discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: That passes unanimously.
Item #10A
RECREATING THE EXECUTIVE DIRECTOR POSITION FOR
THE BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AGENCY (CRA) AND APPOINTS JEAN
JOURDAN AS ITS EXECUTIVE DIRECTOR, MAKING HER A
DIRECT REPORT TO THE COLLIER COUNTY
REDEVELOPMENT AGENCY, AND DIRECT THE COUNTY
ATTORNEY TO WORK WITH THE CHAIR OF THE CRA AND
MS. JOURDAN ON AN EMPLOYMENT AGREEMENT -
MOTION TO CONTINUE TO THE FEBRUARY 24 BCC
MEETING — APPROVED
CHAIRMAN NANCE: Okay. Two housekeeping items before
we break for lunch. Number one, Commissioner Fiala requested the
board approve a continuance of Item 10A, which is the discussion of
the recreating the executive director position, until our February 24th
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February 10, 2015
meeting; is that correct, ma'am?
COMMISSIONER FIALA: Yes, sir. There's only one person
left. Four others have peeled away, so --
COMMISSIONER HILLER: I'll second that.
COMMISSIONER FIALA: Thank you.
CHAIRMAN NANCE: Any discussion on the item?
(No response.)
CHAIRMAN NANCE: All those in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: Okay. That item will be continued to
February 24th.
All right. Let us break for lunch, then, unless there's any other
business we have to attend to right now. We'll return at 1 : 17.
COMMISSIONER FIALA: Oh, good. We have an extra minute.
CHAIRMAN NANCE: 1 : 18.
(A luncheon recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN NANCE: It is 1 :18, and as promised, we're back.
My voice may not be back for long, but the blessings of the good Lord
and a little hot water, and maybe we'll finish the day.
I believe, Mr. Ochs, you mentioned public comment.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
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February 10, 2015
CURRENT OR FUTURE AGENDA
MR. OCHS: Yes, sir.
Item 7 is public comments on general topics not on the current or
future agenda.
MR. MILLER: We currently have no registered speakers for
public comment.
CHAIRMAN NANCE: All right, sir. That will be fine. I'm sure
we'll make up for it here shortly.
Item #11A
DIRECTION TO THE COUNTY MANAGER OR HIS DESIGNEE
ON THE TIMING AND FUNDING FOR AMENDING THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN (GMP) -
MOTION TO APPROVE STAFF'S RECOMMENDATIONS —
APPROVED
MR. OCHS: Yes, sir.
Mr. Chairman, that takes us to Item 11A, and that is a
recommendation to provide direction to the county manager on the
timing and funding for amending the Collier County Growth
Management Plan.
Mr. Bosi, your Zoning Director, will make a presentation.
MR. BOSI: Good afternoon, Commissioners, Mike Bosi,
Planning and Zoning Director.
Associated with the executive summary for Agenda Item 11A is a
request for direction and a budget allocation for funding to embark
upon the process of looking at the four major master plans in subarea
regulations that are contained in the area that's east of 951.
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That area has been a long studied component of the county's
Growth Management Plan. Back in 2007 and -- 2007 and 2008 I
chaired -- or I was a staff liaison to the East of 951 Infrastructure and
Service Committee, which Commissioner Nance was on as well. And
we spent a two-year process talking to the community about the needs
and assessment of that individual area.
And when we look back and we look at the time that has
transpired since those activities and then, we start to look at when the
last time that each one of the Immokalee Area Master Plan, the four
areas that I'm referring to is the Immokalee Area Master Plan, the
Golden Gate Area Master Plan, the Rural Land Stewardship area, and
the rural fringe mixed use district.
Each one of those are at least 10 years old before there has been
comprehensive amendments brought to each one of the individual
districts. That length of time would suggest that looking at the goals,
looking at the objectives, looking at the end vision for what those
plans, what those master plans are calling for the individual
community, engaging in those conversations with the community as to
what the regulatory fabric would allow for, where the opportunities for
improvement are, where -- more information that we've had -- than
we've had in prior times to be able to start to share in coordinating how
those systems -- how our water management systems, how our land
use systems, how our economic systems all intertwine and interact
with the regulatory environment.
And one of the things that we heard today -- and I think
Commissioner Taylor summarized it and said, you know, when we
were in the city, we thought of the county as this vast expanse of area
that was -- you know, that had a tremendous amount of area to grow,
but what we had heard when the search for the soccer stadium is, well,
maybe it's not that vast in the sense.
And the chair, Commissioner Nance, has been working with
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some of the growth management's GIS staff to develop a map, which is
over to the -- if we could put that on the visualizer or pan the camera to
the board behind the county manager.
What that map is basically saying and it's trying to identify, it
identifies, one, if look at all the green, you'll notice that over 67 percent
of our county is either federally or state protected areas.
And then if you look a little bit further, you'll find there's other
colors that are occupying that space, and that means that that land is --
has been developed or is entitled. It's already zoned -- it's already set
for an allocation of land use specified for that individual area.
And if you would look in the area of concentration of where the
focus is supposed to be is the white area, and that white area is the
amount of acreage that we've estimated that was left for entitlement,
and it comprises the majority of Immokalee, the RLSA, and the rural
fringe mixed use district. Those are the areas for where our future
development, where our future populations are going to be housed.
And what we're asking the board to take a step forward is looking
at those areas, looking at the -- our buildout populations, looking at our
regulatory environment; where is it that we can create further
efficiencies within our land use allocation, the relationships between
our residential units and the necessary support services that make those
residential units viable?
The one aspect of the activity is it takes time and it takes public
involvement. And what we're asking the board to provide some
direction upon is what is the sequence of events for the individual
master plans to be undertaken and then the length of time that it's going
to be needed in terms of conducting those public planning processes,
engaging the public with potential changes, gaining their input,
speaking with the Planning Commission, speaking with the EAC, and
bringing those recommendations back to the Board of County
Commissioners.
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February 10, 2015
That's just a brief overview of the executive summary.
MR. OCHS: Let's go through the recommendations.
MR. BOSI: And the staff recommendations is requesting that the
county manager or his designee allocate a budget adjustment of
$150,000 for this current year to be able to start retaining the planning
staff to -- that's going to lead these efforts.
The current comprehensive -- or comprehensive planning staff is
Mr. David Weeks, who's our Growth Management Plan manager, and
Corby Schmidt. That's the extent of my staff right now. So why --
that's why there's a budget request allocation within here. We need to
identify a head planner and two assistants to be able to staff the various
committees and various efforts that are going to be associated with the
planning efforts.
And if you think, each -- Golden Gate City provides a prime
example. Golden Gate City, the concentration, most people think
about the rural Estates, and that's the Golden Gate Area Master Plan.
But the Golden Gate Area Master Plan also contains the urbanized
Estates lots but Golden Gate City as well. And Golden Gate City has a
unique set of circumstances that are much different than the rural
Estates.
So those type -- to fully undertake the Golden Gate Area Master
Plan, you have to attend to both geographic areas with individual
efforts that are concentrated upon those unique circumstances, and that
is another aspect that adds to the complexity and adds to some of the
time associated with it.
The other aspect other than the 150,000 midyear budget
allocation is $300,000 moving forward to maintain that planning staff
until the end of the effort, until the Growth Management Plan
amendments are shepherded to the Board of County Commissioners.
We had contemplated thinking of waiting until October 1st to
kick the effort off. After discussion with the growth management
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February 10, 2015
administrator, we thought let's see if the board -- we'll give the board
the option, would you like to start it now, and that's why the 150,000
allocation for this current year is being requested, or if you wanted to
start it at the fiscal year of'f'15/'16, we could start it, get the motions in
place to start -- ramp it up for the October 1st date. But the discretion,
obviously, is with the Board of County Commissioners in terms of--
the importance in when you think in terms of the starting date for the
proposal and for the activity.
CHAIRMAN NANCE: Almost everybody's lights on. You want
to start? Who was first?
COMMISSIONER TAYLOR: Donna was.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: I think -- do you have something
else, Mike?
MR. BOSI: Just one other thing. There was -- and another thing
that helped spur this effort was the rural fringe mixed use district is a
program that's associated with our TDRs, and I think you've heard of a
number of Growth Management Plan amendments related to the rural
fringe mixed use district and the TDR program in the past two or three
years.
The private -- a number of private property owners within that
individual subdistrict initiated a planning assessment of the regulatory
fabric of the entitlement process of the rural fringe mixed use district
and identified a number of things that they felt from a practical
standpoint, from a planning standpoint could be improved upon, that
could be adjusted in a manner to make the program more efficient and
more fluid.
So there has been an effort, and private monies have been spent to
try to identify that there was a need for this type of activity that we're
asking to do in the full public Sunshine.
I just wanted to get that, because I thought it was important that
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the private property owner -- private property owners have spent
resources to advance this initiative.
COMMISSIONER FIALA: I'm first, huh?
CHAIRMAN NANCE: Yes, go ahead.
COMMISSIONER FIALA: Okay. So first I wanted to answer
your question that you had, just the last topic, and that is we could
either start it now or we could start it later, but I think with the way the
construction industry has caught on and the development is going now
crazy, I think it's more important that we start right away digging into
this so that we can get ahead of the curve.
And the second thing I wanted to say was we have to make sure
we take into consideration our infrastructure. We have to make sure
that when we plan, we don't overstress the infrastructure we have in
place to break its back.
So as we're looking at densities, as we're looking at -- well,
mostly densities, we have to make sure that the densities are in
cooperation with our road system, with our water system, et cetera. So
I think those are two things that we'll move forward with.
And you were mentioning the RFMUD. Maybe the rural fringe
mixed use developments should be discussed first. I think those are --
God bless you, Crystal.
MS. KINZEL: I hope it's not spreading to this end.
COMMISSIONER FIALA: I hope not.
I think that that -- I talked with some of the representatives for
that area, and they said that it's probably one of the easier ones to
tackle and it might be what we want to tackle first, so then we can
move on to the Golden Gate Area Master Plan once we have that in
place.
And so that's just a suggestion I'm going to throw on the table
right now. Thank you.
CHAIRMAN NANCE: Commissioner Taylor?
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February 10, 2015
COMMISSIONER TAYLOR: Thank you very much.
And I'm going forward -- and I don't expect you to talk about it
today, but think that it is imperative, and I'll underline that, that
neighborhood associations get involved in this process. So I'm very
interested in knowing the architecture of how you're going to reach out
into the community, how many meetings, where they're going to be,
that kind of thing, and I don't expect you to bring that to us now.
And given what my fellow Commissioner Fiala said regarding the
fact that development has found Collier County, I think yesterday is
not soon enough.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: I'm going to make a motion to
approve. I think it's absolutely imperative that we get started right
away, and if those are your budgetary needs, to make sure you're
properly staffed to properly address the planning issues that are
coming forward. I think that we need to be supportive to ensure that
you have both the manpower as well as any other backing that you
may need in terms of outside professional support, equipment,
whatever it takes to get this done as efficiently and as expeditiously as
possible.
So I have to agree with Commissioner Fiala and with
Commissioner Taylor. I think it's -- it's highest time we make the
investment in that area, because critical planning is going to be the key
to our future success as a community.
COMMISSIONER FIALA: And I'll second your motion, taking
into consideration some of the things we just put on the record as well.
COMMISSIONER HILLER: I'm with you on that.
CHAIRMAN NANCE: Yes. I'd just like to make a couple
comments because I promised Mr. Butzke, even though he's not here,
that I would bring these up.
I would just like to illustrate to you -- and staff has indicated to
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me that they are going to send this map to all of us so that you can start
becoming familiar with it. I think it's actually brilliant, and I would
like to thank all the staff members. I know there was many, many of
them that worked on this, because I think this is a map that we're going
to be able to come back to again and again to help us understand, you
know, what the -- what the options are and what we can look at.
But on the map in front of you that has these orange lines around
it, that's the RFMUD. And you'll see on the map in front of you that
it's kind of three disconnected areas because it's on both the north and
the south of Golden Gate Estates.
The pink area in the center is Golden Gate Estates, and actually
that's almost exactly 150 square miles of low density rural residential
platted community. So it actually is an opportunity for low density to
remain in the center of our community. I think it's a great -- actually
it's like a DRGR in Lee County without having planned it. You know,
you've got those people out there that are living on two-and-a-half-acre
parcels that are providing watershed benefit to the county at absolutely
no expense to the taxpayer. So the one in the center is the pink, is
Golden Gate Estates.
And then up there, the block that's got the big blue line running
around it, of course, that's the Rural Land Stewardship Area and within
it is the Immokalee -- the area around Immokalee, which is the fourth
plan.
So I think staff has got a really good proposal moving kind of
from the west to the east, which is kind of, I guess, the way
development heads in Collier County. But I would just -- I would just
challenge you to take a look at the first one, which is RFMUD, and
notice that you've got four big white areas.
That's pretty much the only areas that are unentitled in there. If
anyone has a big idea, I mean, those are the areas that our current plans
calls for rural villages that really don't have the ability to provide
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services outside of themselves. They're supposed to be mixed use and
balanced communities that don't do anything for outside that area.
Some of these areas in here with the plan might have the ability to
provide the needs of some of the areas immediately adjacent to them
outside of them.
So those are the sorts of things we're going to be talking about.
Everybody's going to get real familiar, but realize that the white area
on your map there -- and if you look at the Rural Land Stewardship
Area, which is up in the top, you'll see all the water retention in there,
that water retention has to stay there.
COMMISSIONER FIALA: Yes.
CHAIRMAN NANCE: So those white areas that are there in the
Rural Land Stewardship Area is going to be the area where
development can take place, where economic development can take
place, but remember also that is currently where all our agriculture is
located. All the agriculture in Collier County is currently within the
Rural Land Stewardship Area. It's pretty much been removed with a
notable exception of this big block down here, which is Littman Farms.
COMMISSIONER FIALA: 6L Farms.
CHAIRMAN NANCE: That's the Littman Farms area. But I can
tell you, because that is RFMUD receiving land, the chance of that
remaining in agriculture in perpetuity is none. It will not be -- it will
not remain in agriculture long term.
Out in the eastern lands up in the Rural Land Stewardship area,
there's an opportunity for grove lands and ranches and farm to
continue, but --
COMMISSIONER TAYLOR: Yeah. It's nice that you're using
the pointer there.
CHAIRMAN NANCE: Well, I'm just -- I'm trying not to blind
Commissioner Hiller. But this is where the farmland and the grove is
up in there now. This area right here is a -- the northern part of it is a
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Corkscrew community, and the lower half of that white block is what's
called the 846 partner property. It's adjacent to the Estates.
This area down in here is off of Vanderbilt Beach extension.
That, I believe, is not too far from being accounted for.
The area right around here is kind of the neighborhood where I
live. That's called North Belle Meade. That's only got five square
miles of receiving land in and some neutral land. And then, of course,
there's the Littman property, which is pretty much entirely owned by
the Littman family.
Now, remember, once we talk about land out here, it's almost all
owned by the Collier families. So you look at the white and you say,
wow, it's limited. The white areas on this map are only 6.9 percent of
the county is not entitled, and that 6.9 percent of the county is pretty
much owned by -- predominantly by about a dozen people.
So the challenge is before us to meet our needs. Any of you
commissioners that have big ideas or things -- you know, big concepts,
like we're talking about a sports complex, well, I'll tell you, the clock is
ticking. The clock is ticking.
So there is some urgency in our planning review to get all of your
best ideas out on the table, what you think our community's going to
need, because you can actually see the end of the tunnel.
COMMISSIONER TAYLOR: Yeah, absolutely.
CHAIRMAN NANCE: And it's dramatic.
One thing that I think is wonderful that you can readily see is the
green area and the blue area up through the RLSA. You can see how
successful we've been at preserving the most sensitive parts of our
county. Those green areas, if you add them all up, the ones that are
current and proposed in the RFMUD, they are over 77 percent of
Collier County.
The brown areas along the coast, those are the PUDs and the
urban coastal zone, and Golden Gate Estates in kind of the earth tones,
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the ones that are already developed, amount to about 15.6 percent of
the land mass of the county. Those include all the municipalities like
Marco, Everglades, Naples, Ave Maria.
But, you know, this is a very interesting map. My sincere thanks
for staff. I think it's just a -- I think it's a wonderful product. I'm sure it
will get even better as we go along.
But I certainly endorse the motion by Commissioner Hiller.
Commissioner Henning, any comments?
COMMISSIONER HENNING: Well, I think at a certain point
that, like you said, that we have to share our expectations on the
outcome. You're spot on with the existing community's needs.
The North Belle Meade is prime for a service job related area for
Golden Gate Estates. Golden Gate Estates is vast and huge, and those
people dump out into the urban area for their jobs. Why not try to get
those jobs closer to their home; therefore, we don't have to provide so
much infrastructure to get them to their jobs? That's -- that would be
my expectation, but I think that's a discussion another day.
CHAIRMAN NANCE: Anybody? Commissioner Taylor?
COMMISSIONER TAYLOR: To follow Commissioner
Henning and his thoughts, one of the things that struck me as I ran for
this office over a year and a half ago is that there's a strategic plan that
probably has a lot to do with, you know, the bird's eye view but has
very little to do with this.
And what I'm hearing from my colleagues is the future and to
vision for it and to focus on what we want, because we -- we can't have
staff going in this direction, this direction, this direction by the whims
of the commission, and rightly so. It has to happen. But if we're not
focused, they're not focused. And the end of the tunnel -- we see the
end of the tunnel. And it is about planning. I mean, this is a huge, very
important investment that, if the board agrees, it's a very important
investment in our future.
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So, you know, the -- I'm not saying it's going to be easy, but I
think a conversation for another day, Commissioner Henning, that
other day should come sooner than later.
CHAIRMAN NANCE: Absolutely. Mr. Miller, how many
public speakers do we have?
MR. MILLER: We five registered public speakers, Mr.
Chairman.
CHAIRMAN NANCE: Yes, sir.
MR. MILLER: Your first speaker is Bruce Anderson. He'll be
followed by Nicole Johnson.
MR. ANDERSON: Thank you, Commissioners. My name is
Bruce Anderson. I worked on the Rural Fringe Coalition Report.
I don't want to talk you out of what you're doing. I just have one
clarification question. Would the rural fringe mixed use district be the
first one that got going?
CHAIRMAN NANCE: Mr. Bosi, I believe the proposal is to
begin with the Rural Fringe Mixed Use District, sir, and then go
directly into Golden Gate shortly thereafter?
MR. BOSI: After the initiation of the Rural Mixed Use District
and setting that process up, once those meetings start, we would then
start the process of initiating the Golden Gate Area Master Plan. So it
wouldn't be a start at the exact same time, but it would be probably
within the same calendar year that we would start it.
CHAIRMAN NANCE: With a goal that two efforts should talk
to one another.
MR. BOSI: And that's one of the things is the time that I've spent
as the comprehensive planning manager and the working with public
in regards -- that was the biggest criticism that we had that the last time
these efforts were undertaken in the early -- early part of 2000, that
there wasn't enough dialogue between how the inner -- the subdistricts
interrelate with each other.
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And Commissioner Henning kind of summed up the goal of this
effort is to make sure that the efficiencies that can be related by
understanding that relationship between the subdistricts and the
residential units and the needed support services and making a closer
tie between that, that's the ultimate goal of this effort. And the good
part about it is is our Growth Management Plan stresses that, and it's
built upon that right now. And this is an effort to make sure that with
more information we can find and identify those efficiencies that we
were talking about.
CHAIRMAN NANCE: Yeah. We did, in fact, get a lot of
criticism that -- you know, that some of the planning was done in a
vacuum, you know, and it didn't really relate to some of the challenges
we had. We missed some opportunities. So I fully endorse making
sure that we're networked as much as we can be.
MR. MILLER: Your next speaker is Nicole Johnson. She'll be
followed by Nancy Payton.
MS. JOHNSON: Good afternoon. For the record, Nicole
Johnson, here on behalf--
(The microphone fell.)
MS. JOHNSON: Stop the clock.
CHAIRMAN NANCE: I think that's a $50 fine, Mr. Ochs,
breaking the infrastructure. That's going to be an out-of-budget repair,
isn't it?
MR. OCHS: Oh, yes, sir.
CHAIRMAN NANCE: That's what I was afraid of.
MS. JOHNSON: Okay. I am not touching that again. Nicole
Johnson here on behalf of the Conservancy of Southwest Florida, and
we are very supportive of this initiative. I think it's extremely timely,
especially with some of the discussions that you had this morning.
I think that all of you have made the points that I wanted to make,
but I do want to reiterate and emphasize four items. First is the issue
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of having and bringing on board staff to lead this process. The
Conservancy's very supportive of that. We think that that's something
that is going to be essential especially as you tie these planning
initiatives together.
It is an upfront cost, but we believe that in the end it will be more
cost effective and certainly more efficient. So we're very glad that
you're supportive of expending those resources.
The second issue is the phasing, and we do believe that beginning
now is essential. There's a lot of development and growth that we
know is on the way. So let's get this started. Having the rural fringe be
the first up is fine. It needs to be tied in with the Golden Gate Estates
planning, but it makes sense that we start looking at those areas that are
closest to the currently urbanized area for opportunities.
The third point is making sure that these efforts are tied together.
It can't be done in a vacuum, and I would encourage the county,
certainly the Conservancy, other groups, landowners, they're going to
be bringing forward their ideas, their vision for these areas. The
county really needs to do that also.
Soccer complexes, things like that. There are lands that are
appropriate for these types of uses. Receiving lands and the rural fringe
would certainly be the ideal place to look.
So having the county really be instrumental in a visioning
process, not just receiving and processing everyone else's ideas.
And the final point is making sure that the public is part of this
initiative. Commissioner Taylor, I agree, we're very interested in how
not only committees are selected, but how the public is drawn in and is
part of the process.
So we very much support what staff has proposed, and we look
forward to being part of the process as it moves forward.
Thank you.
CHAIRMAN NANCE: Thank you.
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MR. MILLER: Your next speaker is Nancy Payton. She'll be
followed by Bob Mulhere.
MS. PAYTON: Good afternoon. Nancy Payton representing the
Florida Wildlife Federation.
We support funding now, starting now, and making sure that
these plans are properly integrated into one another. And also we've
talked about a vision, but I don't think it's really a vision that we want
ultimately. We want directions. We want a plan. We want specifics.
We have a vision, but now we need to distill that down into what's
going to happen where in the white.
And I also want to thank you for the concentration on the white,
and the green will hopefully remain the same or grow possibly.
Thank you.
CHAIRMAN NANCE: Thank you.
MR. MILLER: Your next speaker is Bob Mulhere. He'll be
followed by Brad Cornell.
MR. MULHERE: Ooh, I shouldn't touch that.
Good afternoon. For the record, Bob Mulhere.
I just want to very briefly thank you for your unified leadership
on this matter. It's really, really important. It's a great planning
initiative, four major planning initiatives moving forward, and I'm
really grateful as a professional planner to see your support.
Thank you.
MR. MILLER: Your final speaker on this item is Brad Cornell.
MR. CORNELL: Hi. Brad Cornell on behalf of Audubon of the
Western Everglades and Audubon Florida. Thank you for the
opportunity to address you on this.
I agree, I'm -- Audubon is very appreciative of your consideration
on this. It's an opportunity for you all to provide the kind of leadership
that Collier County citizens really expect of the commission, and this is
a great juncture in the life of Collier County in the land use
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planning/growth management process to have all of these important
master plan -- master plans be considered in an integrated fashion.
It's unfortunate that the recession had resulted in, you know,
reduced staffing in your planning staff, that you can't get ahead of the
curve, as Commissioner Fiala said, before the next growth spurt
comes. And we're in that growth mode right now, so we're definitely
not any too soon in doing this.
So we do encourage you, and thank you for your consideration of
that. Thanks.
CHAIRMAN NANCE: Thank you.
All right. There's a motion on the floor and a second to approve
the item.
Any further discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed, like sign?
(No response.)
CHAIRMAN NANCE: All right. Unanimous approval.
MR. OCHS: Mr. Chairman, before we move on to the next item,
11B, I believe there's quite a few members of the public coming in that
may have been interested in speaking on Item 11D, and if they do, I
have to remind the public that you need to register in advance of the
start of the hearing of that item. So if anybody wants to speak on that
item, please register with Mr. Miller. Thank you.
Thank you, Mr. Chairman.
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COMMISSIONER FIALA: It's 11D, which is the open-air --
MR. OCHS: Yes, ma'am, it's a discussion --
CHAIRMAN NANCE: Discussion of the open-air markets is
Item 11D. Anyone that wishes to make public comment on that needs
to go outside and get a speaker slip on the table right outside the door
here, and please fill it out with your name and the item that you wish to
speak on, and I assume that would be 11 D, and you need to give it to
Mr. Miller right up here at the front table before 2 o'clock, which is
when we will begin the discussion of that item.
Thank you very much.
COMMISSIONER HILLER: Commissioner Nance, would
someone translate that into Spanish so if there's anyone here that's not
English-speaking, that they understand and have the opportunity to
speak as well.
CHAIRMAN NANCE: Ma'am, if you are capable of doing that,
if you would do that, that would be fine. I'm incapable of doing that.
COMMISSIONER TAYLOR: Mr. Chair, Luis Bernal --
COMMISSIONER HILLER: I was going to say, Luis Bernal
could do it for us.
COMMISSIONER TAYLOR: He could do it.
COMMISSIONER HILLER: Luis, do you want to come up and
make that announcement in Spanish so everybody understands.
MR. OCHS: Thank you.
CHAIRMAN NANCE: Thank you, sir.
(Translation in Spanish.)
MR. BERNAL: I just said what you asked me to.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN NANCE: We're trusting that that's all you said, sir.
MR. BERNAL: Nothing personal.
Item #11B
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RESOLUTION 2015-32: SUPPORTING A REGIONAL
INITIATIVE AIMED AT IMPLEMENTING THE GOLDEN GATE
WATERSHED IMPROVEMENT PROGRAM (GGWIP) —
ADOPTED
MR. OCHS: Mr. Chairman, that takes us to Item 11B, which is a
recommendation to adopt a resolution supporting a regional initiative
aimed at implementing the Golden Gate Watershed Improvement
Program.
Mr. Casalanguida, your Growth Management Department Head,
will present.
MR. CASALANGUIDA: Thank you, County Manager Ochs. If
I could get the viewer to go to the PowerPoint.
Commissioners, I'll be very brief. This is a great segue into what
Mike just presented to you-all.
If there's one word that drives the success of Collier County, it's
water. We're a water coastal community. We're inundated with water
during the wet season, and we try and preserve our water during the
dry season.
What you have in front of you right now is four separate basins
that make up most of Collier and overlaps most of what Mr. Bosi
presented you recently, and those are the current basins that we have
right now showing some of the main canals that go through those
areas.
Within the bulk of the Golden Gate Estates, you have your
Special Treatment Overlays for the welifield protection zones. And
throughout the Golden Gate Estates, in the magenta color there, is the
City of Naples wells. Those wells are surficial aquifers that are less
than 100 feet deep. And then Dr. Yilmaz, who does an excellent job,
his wells farther to the west.
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If you compare this map to the one prior, you can see that the
pink area and the green area comprise the two basins that exist today.
When you look at what's here in front of you now is the historical
Rookery Bay watershed. Big difference between the two, and that's
really what tells you is that we've redirected our water base on
manmade development through the years that's been done through
here.
So we're never going to be able to recreate the historical
watershed, but our goal is to try and minimize the impacts that we have
today and restore some of it as much as we can.
Today you've adopted a Technical Advisory Committee, part of
your consent agenda. This will explain it a little more what we're
trying to do.
The green colors is where we have overall increased flows, and
this is a map prepared by Rockery Bay. The blue colors identifies
areas that are pretty much neutral, and the red are areas that are
deficient.
And this area is the 6L Farms area that we just talked about in the
rural fringe. State forest to the north; 951 over here. So some day, if
we're going to restore some of this water, we have to work with the
development that Mr. Bosi will look at land use as this comes forward.
We want to take the same approach the district did. They had a
project which was the Henderson Creek bypass. They did a really
good job of putting together a technical team to review this project.
They proposed diverting water from Golden Gate main down to
Henderson Creek and the Rookery Bay.
After about a year of modeling, they determined this project was
not feasible. It just didn't make any sense. During the dry season
when Rookery Bay needed water, we were retaining water through
Golden Gate.
So I think our staff wants to use the same approach, and this is
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what this initiative is in front of you right now today.
We want to use a technical advisory committee to test the projects
and land use recommendations, and that's very important. On your
consent agenda, you approved the Technical Advisory Committee to
include members of the City of Naples, the City of Marco, Fish and
Wildlife, Rookery Bay, DEP, and the district. We believe that way
projects that we bring forward will be tested ahead of time rather than
conceived and then broken down later.
We want to coordinate with the NGOs. We think they provide a
lot of valuable input. And we've put -- exchanged a couple of emails
with them making sure the process would be transparent. And we
want to make sure we vet our ideas with the Collier County citizens.
So our focus is on ecosystem restoration, rehydration, recharge,
flood control, and water quality. All of those things work together. I
don't think there's any controversy with what's been proposed, because
your consent agenda item moved through quickly.
I want to pay some kudos to Chairman Nance, who met with
Mayor Sorey, myself, and Big Cypress Basin staff. They're all in
agreement that we have to put these projects forward today.
LASIP is wrapping up in the next year. That's been a successful
project for the county. This will be the next major initiative where we
bring projects forward for watershed protection.
Thank you.
CHAIRMAN NANCE: And, Nick, let me make one comment.
Let's bring it -- let's bring this item right back to the previous item and
look at this area right here in the rural fringe, which are all those
sending lands that are right in there that are supposed to be turning
green. You can see by these watershed projects how critical it is that
we move those parcels into sending lands so that we get those in public
ownership so that we can do these projects. We can't do these projects
if we can't move our conservation projects to completion.
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So we do have some urgency in making that program work. And
if that can work, this can allow us to make our watershed mitigation
work. So it's all tied together. You're going to be talking about them
at the same time.
MR. CASALANGUIDA: That's the goal.
CHAIRMAN NANCE: Thank you, sir.
All right. Any questions on this program?
COMMISSIONER FIALA: I'd like --
CHAIRMAN NANCE: Commissioners?
COMMISSIONER FIALA: Before --
CHAIRMAN NANCE: Commissioner Fiala, I think you were
first.
COMMISSIONER FIALA: Yeah, but don't bother.
COMMISSIONER TAYLOR: She was.
COMMISSIONER FIALA: Before I speak, maybe we could
hear from the speakers first. We only have three.
CHAIRMAN NANCE: Okay.
COMMISSIONER FIALA: And then I'll make a motion.
CHAIRMAN NANCE: Mr. Miller, please, sir.
MR. MILLER: Mr. Chairman, your first speaker is Nicole
Johnson. She'll be followed by Nancy Payton.
MS. JOHNSON: Good afternoon. I'm not touching the
microphone. Nicole Johnson here on behalf of the Conservancy of
Southwest Florida.
And we're very supportive of moving this initiative forward.
Certainly, the Watershed Management Plan has been a very, very good
tool for looking at what projects make sense and how to move them
forward.
This initiative we really see as honing in on it and getting serious
about getting things done.
As Nick said, you did have a consent agenda item that formed this
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technical advisory group. And from the Conservancy's perspective,
every -- or most of the successful, multi-year, multi-project watershed
scale restoration, planning, management efforts have been facilitated
through some sort of working group. And having it as a -- specifically
identified through a resolution and appointed through a resolution
group I think is a great way to make sure that you get all of those
agency people to actually come and sit down at the table. So we very
much appreciate that.
One of the questions that I had, and Nick did address through
some email and verbal conversations, is that we want to make sure that
the public is also part of this process. We were a little concerned that
there weren't spots for other outside technical folks on this committee,
and Nick did assure us that everyone will be able to participate, not just
three minutes of public comment which might not be sufficient to
actually provide suggestions and input.
So it's going to be an open process. We believe that that's going
to be very important for other technical and stakeholders to participate.
So with that, we're fully supportive, fully comfortable with this
and ask that you approve this initiative. Thank you.
CHAIRMAN NANCE: Thank you.
MR. MILLER: Your next speaker is Nancy Payton. She'll be
followed by Brad Cornell.
MS. PAYTON: Nancy Payton representing the Florida Wildlife
Federation.
Pinch me. Today is my dream commission meeting. You're
revisiting the rural fringe and the RLSA to refine the white areas.
You're moving ahead with the Golden Gate Watershed Improvement
Plan, and, Commissioner Nance, thank you for making that connection
between the sending lands and the watershed plan and the TDR
program and an opportunity to receive free, with an endowment, lands
that are in needs of water, in need of being rehydrated with water from
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the Golden Gate Canal.
So this is a great effort. We have to keep those different efforts
integrated. I think that's the word of the day from me, because the
watershed plan, even the Master Mobility Plan; do we remember that?
That ought to be thought of as we go through these planning efforts.
Thank you very much, and we're 100 percent supportive. We
don't have any concerns that it's just an agency technical committee
because we have found that our input has been able to be freely given
in other forums, so we're comfortable with the setup.
Thank you.
CHAIRMAN NANCE: Thank you.
MR. MILLER: Your final speaker on this item is Brad Cornell.
MR. CORNELL: Good afternoon, again. Brad Cornell on behalf
of Audubon of the Western Everglades and Audubon Florida, which
owns Corkscrew Swamp Sanctuary.
And I, too, am very enthusiastic and supportive of your direction
on this to go forward with the Golden Gate Watershed Improvement
Program.
I'm trying to get the name right. And this integrates some of the
important plans that have already -- and studies that have already gone
on. And I will highlight for you one that Rookery Bay is coming to
some conclusion on that actually had some input in some of the stuff
that you're going to be considering, and that is a -- it's a science
collaborative that looked at the watershed for Rookery Bay, the actual
Rookery Bay by name -- if you know where that is. It's south of
Naples Bay -- and did modeling, looked at the water inputs, looked at
the equation and the balancing of freshwater and saltwater, and that's
also being integrated with the Southwest Florida Water Management
District that's also doing their own modeling relative to the estuaries
that are the receiving waters downstream.
That kind of collaboration is what I think we need here in Collier
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County. That's what's going to produce the most -- the best informed,
based on science, and then bring in -- as my colleagues have pointed
out, bring in the public to participate in that as well.
We've been talking about that at Rookery Bay in that project.
How can we bring the community in, the landowners who, like
Littmans, who obviously have a strong interest in this watershed?
The City of Naples, the City of Marco Island where the water
supply -- their water supply is in this very watershed. So all these
players obviously have an interest in seeing how the technical advisory
engages with these topics.
So thank you for moving forward, and we're very supportive.
CHAIRMAN NANCE: Thank you.
COMMISSIONER HENNING: Motion to approve.
CHAIRMAN NANCE: Well, first we have Commissioner Fiala,
we have already a motion to approve by Commissioner Henning.
COMMISSIONER FIALA: Well, I was going to make that
motion, but it's all right.
First of all, I wanted to say to the audience thank heavens that
Commissioner Nance brought his little red pointer because as Nancy --
Nancy Payton brought out, he actually pointed out the area that is
going to be -- that's needing to be addressed for this program. I
thought that that was an excellent thing.
Bring your pointer again sometime. That was great.
And, secondly, the cooperative effort we've had so far has
brought us to this -- brought us a winning program. And as we move
forward in working with the entire community, I think this is one of
the best things we've tackled and in such a positive manner.
So my motion was to approve, but I think Commissioner Henning
already said that, so I'll second that motion.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: And I just wanted to thank staff
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and County Manager Ochs and Mr. Casalanguida, excuse me.
You know, this is exciting stuff because this is our future, and
you're daring to step in it, and you're bringing it to us and its vision,
and I really, really appreciate it. I'm very honored to be part of this.
MR. OCHS: Thank you.
CHAIRMAN NANCE: Very good. Thank you.
There's been a motion and a second. Any further discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: All right. Unanimous approval. Thank
you.
Item #1 1 D
RECOMMENDATION TO PROVIDE DIRECTION
REGARDING THE OPERATION OF "OPEN AIR MARKETS"
WITHIN COLLIER COUNTY PARKS AND OTHER
PROPERTIES.
MR. OCHS: Mr. Chairman, that would bring us to our 2 p.m.
time-certain hearing this afternoon. That is Item 11D on your agenda
today. It's a recommendation to provide direction regarding the
operation of open-air markets within Collier County parks and other
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county properties.
Your Parks and Recreation Division Director, Barry Williams,
will make the presentation.
MR. WILLIAMS: Commissioners, good afternoon. Barry
Williams, Parks and Recreation Director.
Commissioners, the agenda item before you, I just wanted to
briefly tell you a little bit about the history of what we've been doing in
our parks. We use the board-approved fee policy to make
determinations on these type of events.
We have within the fee policy a provision that allows for a
hundred-by-hundred space within open space within the parks that can
be used for events like this. That's roughly a quarter of an acre when
you look at it.
Typically -- and what we've done and what we've seen over the
years as farmers markets have evolved is a request from private sector
to use the parks in this manner.
We've had a couple of examples of this: Sugden. And Golden
Gate Community Center is the one in question.
I do want to say I agree with Commissioner Henning in terms of
the composition. And when we looked at the -- what these markets
look like in a true farmers market, we looked at a couple of examples;
one in the City of Marco, one in the City of Naples, and they have very
definitive guidelines on what constitutes a farmers market.
I would say that the market that we have at Golden Gate
Community Center, again, not to put words in anybody's mouth, but it
does -- it's a combination flea market with produce being sold at it. It
has that appearance, in my opinion.
I think the other thing that we're looking at is working with our
growth management division. Growth management is looking at taking
this issue on, and we -- we are awaiting that better definition of what
constitutes this type of open-air market.
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But with that said, what we're looking for from you today is some
direction on what we need to do at this point. We do have an
agreement with Mr. Rakow at Golden Gate Community Center
through April, and what we're asking you to consider is whether we
need to continue looking at open markets in county property,
specifically in our parks, whether you would wish us to no longer have
these type of markets in our park, and the third option that we provided
you is similar to what we see at Marco Island, just where the City of
Marco actually manages the farmers market that's held at Veterans
Park.
So we wanted to give you those three options and certainly knew
that you needed to have some discussion about that, and certainly I'm
here to answer any questions that you have about our current practices
or thoughts going forward.
CHAIRMAN NANCE: Commissioner Henning, I believe you
were leading off, sir.
COMMISSIONER HENNING: Yeah. I -- in your executive
summary, you do provide yard sales. I know that you do at least at a
couple parks where you will invite anybody to come in, anybody to
come in and, you know, have an open garage sale.
MR. WILLIAMS: Yes, sir.
COMMISSIONER HENNING: I think that's -- I think that's a
great service to the community; however, it's not historical. And I
know that historically parks has invited in private people to provide
instructional services or educational service or recreational services. I
think that's good and that's what the parks should be doing; however,
what has been created over the past few years is something different,
and it's not historical.
The observation that I had was your question to the cities about
farmers markets and what they do, and the City of Naples does not get
involved in that. And I know there is a whole host of health issues that
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the state regulates that I'm not sure that the parks and recs demands to
make sure those regulations are adhered to or at least register with the
State of Florida.
But what I'm seeing is -- and I can't speak for Sugden Park, but
what I'm seeing is something different than a farmers market.
So if you was to do it over again, would you provide the same
thing, or would you do it differently?
MR. WILLIAMS: It's an interesting question. I think the
advantage that we've had in our position is that we've not tried to
regulate or put staff resources to try to define it. What we've relied on
is what the LDC says in terms of what the open-air market looks like.
I think what we've lost in that, though, is what you're seeing at
Golden Gate Community Center where it's become -- again, and words
are troubling, but a bazaar of some sort. It's a very popular event.
People obviously love this event, but it doesn't fit the definition. When
we see the city's farmers market, per se, it doesn't look like that.
COMMISSIONER HENNING: So you're saying to me that your
opinion, as director of parks and rec, that you would like to get to a
farmer market status?
MR. WILLIAMS: I think we definitely need a better definition.
COMMISSIONER HENNING: Well, the board has directed
that.
MR. WILLIAMS: Yes, sir.
COMMISSIONER HENNING: And we actually asked to
separate farmers market and flea market. So, you know, the question
is, what do you want to do in the future? Do you want to have a flea
market selling fruits and vegetables, or do you want to have a farmers
market that sells clothing and jewelry and Avon?
MR. OCHS: Commissioner, that's really a policy decision.
COMMISSIONER HENNING: Well, you have a director of
parks and rec that you have hired, and I was just asking his opinion,
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what he sees for the park system.
MR. WILLIAMS: You would put it in the context of National
Park and Rec Association. You know, we included in our agenda
item, you know, that element to tell you that they certainly support
parks supporting farmers markets.
COMMISSIONER HENNING: Okay.
MR. WILLIAMS: I think the definition of a farmers market is
different than what we have at Golden Gate Community Center.
COMMISSIONER HENNING: Okay. And, again, you have a --
you used to have a farmers market here at the complex, but now it's
selling clothing and jewelry, I understand, outside the parks
department. And, again, I haven't been to Sugden Park. I don't know
what they sell.
I've been to I can't tell you how many little markets there is,
including the Golden Gate market, and purchased stuff. My favorite
one is out in Immokalee. However, with your discovery of what the
Marco Island does and what they charge, do you think it's
inappropriate to go out to bid?
MR. WILLIAMS: It's not something I've considered, I'll tell you
that. I've not looked to get into that business.
As you know, over the years what we've attempted to do was to
outsource many of the things where we thought that was beyond really
what the parks department should be doing.
I would say a farmers market, us running a farmers market, while
that is an option for us to pursue, it probably is an area that we would
want to keep out of.
COMMISSIONER HENNING: Okay. That isn't my question.
I'm not asking you to run -- actually get vendors within these
temporary events. But as you can see what the City of-- or City of
Marco charges is a vast difference than what you're receiving.
MR. WILLIAMS: Yes, sir. But they also have cost associated
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with it that they're trying to offset. They bring in a lot of money, but
they have significant cost in terms of staff that are associated -- city
staff that are associated with running it. So that's what I would try to
stay away from, if I could.
COMMISSIONER HENNING: No, and I'm not asking you to
hire somebody to run these. What I'm asking is, should this be put out
to bid. And if it's going to be done -- and, of course, the board is going
to decide, if it's going to be done, should it be put out to bid --
MR. WILLIAMS: I'm with you.
COMMISSIONER HENNING: -- to where you're soliciting
what are you going to provide, what kind of vendors, what hours, and
what is the taxpayer going to share into you setting up shop at our
parks.
MR. WILLIAMS: Commissioner, I think that's an excellent
thought. I think you could put something like this out to bid. It's not
uncommon for us to do that.
You know, you do have a variety of people that provide this type
of market. So if you were to put it out, competitive bid, I would think
you'd likely get someone to bid on it. I think the same thing you could
do with putting out to bid is you could control and define what you're
looking for in terms of a farmers market. So it is an option, yes, sir.
COMMISSIONER HENNING: Okay.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
Leo, I think you're absolutely correct. This is a policy decision
that has to be decided by the board. And as always, we look to staff
for recommendations. But, ultimately, it will be our responsibility to
define what is in the best interest of the community.
To that end, to begin this discussion, I think what we really need
to do is expedite growth management's initiative in proposing a Land
Development Code amendment to redefine the three different types of
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markets that we could potentially have in Collier County, that being a
farmers market, a flea market, and an open-air market.
So how fast can you bring that back? And would it be possible to
bring it back before the expiration of the Golden Gate market permit,
which is in April?
MR. OCHS: Speaking with Mr. Casalanguida earlier, I know he's
been working on it at the staff level. There are DSAC and CCPC,
Collier County Planning Commission, meetings that we would vet this
through. Both of those meet in March. We could get the staff report to
them in March for vetting and have it back on a commission agenda
probably the second meeting in April is probably the fastest we could
move on it at this point, Commissioner Hiller.
COMMISSIONER HILLER: Well, I think it really would be
worthwhile expediting that process and getting it back in April so that
we can address this in as timely a manner as possible. The second
thing that I think is very important is what was presented by Kaydee
Tuff this morning as it relates to the Golden Gate market.
They have an advisory board. They have an MSTU. And as
Kaydee properly pointed out this morning, this community contributes
funds towards the community initiative.
I think it's extremely important that staff consider working with
that board and getting input from that board. It is very clear from
everything I have heard that the Golden Gate community wants the
Golden Gate market to continue as it has been operating. And I think
we, as the representatives of the community at large, should be doing
what the community wants.
So whatever it takes to keep this going -- and obviously the
demand is increasing, not shrinking -- is what we should ultimately
look to support in the best way possible with due respect to, you know,
the public safety in the process.
So those are the two recommendations I would make at this point.
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CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: Just one correction. Mr. Williams,
I did get to talk to Mr. Likens at the city. And it wasn't my
understanding, and I don't think it's his understanding, that the City of
Naples, in your words, has a practice that prohibits the scheduling of
these markets in their public places.
The City of Naples, because it's a much smaller geographic area,
looks at any kind of open-air markets or any kind of activity in terms
of how it coalesces with the surroundings, and nothing ever is
permitted without it coming before the city council.
But as far as whether it's an open-air market or a flea market or an
art show, it's ultimately decided by the board. And the framework they
decided is, does it work with the surroundings?
So I just -- just a small clarification.
MR. WILLIAMS: Commissioner Taylor, I do appreciate your
clarification, and I did -- when I talked to Mr. Likens, I talked to him
about specifically whether farmers markets were in the parks, and he
referenced something similar that we do in the park system that
Commissioner Henning mentioned, the yard sales that they do at
Fleischmann Park. But he deferred to, you know, the activity that's on
Third Street. And the public street is closed for that --
COMMISSIONER TAYLOR: That's right.
MR. WILLIAMS: -- farmers market, but they don't locate it
within the parks system. And I think there was more of a practice not
to bring those items forward, or perhaps there had been some council
direction. But he just wanted to clarify that, for the most part, that type
of farmers market wasn't held in a park system for the city.
COMMISSIONER TAYLOR: Yeah. And I agree with that, but I
think it has a lot more to do with the fact that there's a lot of activities
in a row, and they just don't have room, and so --
MR. WILLIAMS: Yes, ma'am.
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COMMISSIONER TAYLOR: And that's what I think, you
know, we're going to come to here is to try to be very fair about
scheduling these events.
MR. WILLIAMS: Yes, ma'am.
COMMISSIONER TAYLOR: Thank you very much.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: No. I'll wait for the public
speakers.
CHAIRMAN NANCE: You're going to wait?
I'm going to make a couple comments, and then I'm going to
suggest that we take a couple-minute early break for the court reporter,
because I believe -- how many public speakers do we have, sir?
MR. MILLER: We have 24 registered speakers, Mr. Chairman.
CHAIRMAN NANCE: Okay. We're going to have a very
ambitious public speaker list.
I believe that staffs work is cut out for them on defining the
different markets here, and I'm going to expand it a little more and
speak to a couple different things that I think are important that we
include in our analysis.
I believe in June when we talked about this and we talked about a
Land Development Code change, we started by defining the work as
temporary permits. Temporary permits include events; they include
yard sales, which are out in the community during the year; they
include farmers markets, flea markets, any sort of open-air market that
you would describe. And the sorts of elements of those are, how long
do they run? How many times during the year do they occur? What
sort of goods are sold there? By that I mean are we selling produce?
Are people selling goods there that they have bought for resale? In
other words, are they operating small businesses? Are they selling
new goods? Just used goods.
And, furthermore, whether they're selling food items. If they're
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selling food items, is it strictly limited to produce, or is it prepared
food? Is it food that's prepared elsewhere and brought there for sale?
Is it food that is prepared on that site? What is the nature of those
foods?
And when we get into that, I think that's what Commissioner
Henning's suggested, because the issue of food-borne illness, excuse
me, is regulated by the state, Department of Agriculture and Consumer
Services. And what they do is they have special rules for different
types of foods, for example, that they can consider to be risky foods; in
other words, foods that require special handling to be safe.
And certainly in our hot weather, particularly in our summer,
some refrigerated foods are very sensitive, foods that include
mayonnaise, very sensitive. Fresh shellfish and fish, very sensitive,
and those are all regulated by the state.
So I think the work before them is significant to try to blend all
these different things in there. And unless somebody thinks
food-borne illnesses are not a problem -- I looked it up last night. The
U.S. Food and Drug Administration reported last year in the United
States there were 48 million cases of food-borne illness, 128,000
hospitalizations, and 3,000 fatalities. So this is something that we need
to look at.
And is it a huge thing? I mean, is there massive amounts of food
being prepared out there? Probably not. But in those areas where they
are, I believe we have a sacred responsibility to make sure that people
are, you know, safe.
So any more comment before we take a little break?
(No response.)
CHAIRMAN NANCE: If not, we will take a 10-minute break,
and we will return at 2:31, thank you, and we'll begin public speakers.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
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Ladies and gentlemen, if you'd please take your seats.
CHAIRMAN NANCE: All right. We want to make very sure
that each and every person that wants to address the board on this item
can do so. So I will remind you one more time I'm going to give you
about two minutes to get in a speaker slip if you have not already
turned one in to Mr. Miller here.
COMMISSIONER HILLER: We have a translator here.
CHAIRMAN NANCE: Yes. Ms. Hailey Alonzo, I've been told
-- Mr. Ochs indicated Hailey Alonzo will help us for those that need a
translator. If that's necessary, she is available to help them.
Is everybody ready? If so, I think Mr. Miller says we have 24
speakers, sir?
MR. MILLER: We have had three others trickle in.
CHAIRMAN NANCE: Okay.
MR. MILLER: So for a total of 27 at this point.
CHAIRMAN NANCE: Okay. Let's go then.
MR. MILLER: Your first -- I'm going to call two names. The
first speaker come to one podium, the second name I call please go to
the other podium and be ready.
Your first speaker today is Angela Cisneros. She'll be followed by
Barry Nicholls.
MS. CISNEROS: Hi. My name's Angela Cisneros. I was born
and raised here in Naples.
And when I first heard about the comment that was said in the
Naples Daily News, I made sure that I called and I emailed my
representatives and all the commissioners.
I was really upset to hear that, especially because the Hispanic
Advisory Board has been disbanded and there's nowhere really where
we can go to complain about these issues in our community.
I remember going to the flea market off of Davis when I was
younger with my. parents. We would go there to buy grocery stores
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(sic) and also buy goods, used goods. And I -- so I definitely know
that it's something that's needed in the community, especially for lower
income families.
I keep hearing, you know, let's differentiate between a farmers
market and a flea market. You can't really, because if you only do a
farmers market where only groceries are sold or produce, you're only
going to have a few stands. You can't really have one without the
other.
I've also heard that "historically this," "historically that."
Historically Naples has been predominantly white, and that's not the
reality anymore, okay. We need to kind of think beyond that, think
outside the box, and look at the community in that area and see what
they really need. This is obviously something that they need, and it
should be something that should stay and should be something that
should be available to them year-round, not just when snowbirds come
in.
And that's it. Thank you.
MR. MILLER: Your next speaker is Barry Nicholls. He'll be
followed by Garrett Beyrent.
MR. NICHOLLS: Hello. I'm Barry Nicholls. I've got Paradise
Jewelry here in town. I'd like to speak in support of the markets.
I don't believe in supporting them into different kinds of markets.
We don't need to control them in a super controlling manner. They
will evolve of their own. They'll -- there's already laws that cover
everything that's done at these places. We don't need to make new
rules about what can be there, what can't, what they can sell, what they
can't. They will evolve. The things that work will work, and the
things that don't won't.
What's an important thing to remember is this is the quintessential
incarnation of the American entrepreneurial spirit at work. We talk in
Naples and Collier County about promoting business, getting
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businesses to come to the county. We already have it. Let's leave this
alone and concentrate on other things. But every one of those vendors,
if they make it, they will wind up taking up some of the empty
commercial space that we have all over town because their business
became successful. This is how you start.
I spent 10 years working by appointment with my workshop at
my house until I could afford a retail space, and now I'm a retail
bricks-and-mortar jeweler. That was not always the case.
Some people talk about competition with businesses. I'm not
afraid of this competition. Those people are not going to hurt me.
Sometimes they're in my parking lot. They sell jewelry among a lot of
other things. They don't hurt me. I don't care.
And some of those people eventually will become my compadres,
part of the brotherhood of jewelers that we have established stores and
take care of customers that expect a little different atmosphere. That's
fine.
I think that the markets are very beneficial to the local
communities. A big thing has been made about how many of the
people that go there can't go anywhere else. They're on foot. I mean,
I'm exaggerating saying they're wheeling their wheelchairs to this
market, but that's the truth. Golden Gate is one example, but they're all
over. But the Golden Gate example is a little bit more extreme because
they have no place else to go. So let's let them go. Let's leave them
alone.
I would like to say, let's stop trying to regulate them, because
they're already regulated as much as they need to be. Excuse my
voice. But let's also encourage them. They're asking for their permits
to be extended; let's do that. Let's give that to them, and let them
become a year-round incubator of business.
Thank you.
(Applause.)
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MR. MILLER: Your next speaker is Garrett Beyrent, and he will
be followed by Dr. Joseph Rakow.
CHAIRMAN NANCE: Excuse me, ladies and gentlemen. I'm
going to remind you that this is a public hearing. And I don't want to
be the Grinch that stole Christmas, but I'm going to have to ask you not
to applaud and speak out. And, you know, I don't want to get into
where we're cheering for people we like and booing.
So please, please, keep it a solemn process so that everybody can
hear and speak. Thank you very much.
MR. MILLER: Mr. Beyrent.
MR. BEYRENT: Buenas tardes, me amigos.
I'm going to say this in Spanish so I don't upset Commissioner
Henning too much.
If you'd like to put up that sign that I had, Leo.
When I heard that the banner was taken down at the Golden Gate
Community Center park area -- it was a large banner. It was hanging
by trees, and it just said it was a farmers market. And I thought, that's
odd because the county's got a banner that's twice as big, and it's
hanging out on the garage outside here, and it's a farmers market. So I
didn't think that was quite right.
So about a year and three days ago we started the Amalgamated
Sign Holders Union, and one by one we were picked off mostly
because Commission Henning was upset with us. He didn't call us
gypsies, actually. I don't really know what he was calling us, but we
were constantly badgered by code enforcement.
And when I saw this opportunity, I went out to the Golden Gate
community facility, and I noticed that the sign that had been removed,
the ropes were still hanging in the trees, and the ropes were actually
not in the road right-of-way.
So I made an appointment with staff for 9 o'clock on Saturday to
come out to give me a citation for my sign, and this was shortly after
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Commissioner Henning made the gypsy comment which -- actually,
he's not a racist. It's ridiculous. The whole thing's ridiculous.
Unfortunately, that sort of snowballed when I put that sign out
there. I waited for two hours, and code enforcement never came out
and gave me a ticket; however, right after that, this whole flea
market/farmers market issue just exploded, which is happening right
now.
And I apologize to the people involved. I didn't want to drag
them into this, but I'm basically arguing about the right of the First
Amendment, which is to have signs, you know, and it's -- that's it.
Thank you.
MR. MILLER: Your next speaker is Dr. Joseph Rakow. He will
be followed by Neomi Rakow.
DR. RAKOW: Good afternoon, Honorable Commissioners. I
am a retired educator and administrator of 30 years and have worked in
law enforcement for 35 years, most recently retired from the Collier
County Sheriffs Office where I worked in youth relations.
I have worked with the East Naples Kiwanis, and I'm currently an
active member of the Lion's Club known as Naples Knights. I'm also a
business member of the Golden Gate Civic Association.
I am here before you today to speak on behalf of the individuals
that work at the Golden Gate farmers market at the Golden Gate
Community Center. These are hard-working people who I personally
know for over a year now. They live in our community, they own or
rent homes, and they pay taxes. These families operate in the market
five hours one day a week.
Everyone is always welcome at our market, as we do not
discriminate. We have church groups, fundraising organizations, and
established businesses in the area that are always welcome to
participate at our market.
Some of the businesses that have participated in the market in
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order to promote their business are the Cricket Store, Western Union,
Metro PC, and the Family Financial Center.
We have a list of signed petitions from local businesses in the
area of the community center that support our market. They include
the Dollar Store, AutoZone, Family Dollar, Subway, Circle K, and
even people that work at Winn Dixie, as well as others.
We have compiled -- we have complied with code enforcement
on signage. I have completed a crowd management course and a fire
department inspection. This market is a safe and clean environment for
the patrons and participants.
We are asking that you allow it to continue to service the Golden
Gate community which needs and wants the market. And I have here
1,935 signed signatures from residents in the Golden Gate community,
and I'd like to leave that with you, please. I also have included in there
31 petitions of businesses within close proximity of that Golden Gate
center.
Thank you very much.
CHAIRMAN NANCE: Thank you, sir.
MR. MILLER: Your next speaker is Neomi Rakow. She'll be
followed by Skip Haeger.
MS. RAKOW: Good afternoon, Honorable Commissioners.
Excuse my appearance. My dermatologist attacked me yesterday.
That's -- you know, being fair in the Sunshine state; that's the problem.
Anyway, my name is Neomi Rakow. I have been an educator for
over 30 years. I am a Naples resident and currently teach for the
Collier County school system located in Immokalee.
I am the co-manager of the Golden Gate farmers market. I have
been with this market for a year. Before my husband and I became the
managers of this market, we were vendors at this market and other
markets in Collier County. We know firsthand how hard it is to be a
vendor in a market. We would be up at four a.m., load up the truck for
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two hours, get to the market, set up in one hour for five hours of
selling, then spend two hours putting everything back in the truck,
drive home, and then spend two hours putting everything back in the
garage.
If you have ever had to do this -- if you've never had to do this,
you have no idea how hard this is. That is the life of the participants in
the Golden Gate farmers market.
It is the only market in Collier County that services a population
of walkers, bikers, and even wheelchairs. The Golden Gate
community deserves to have affordable vegetables and fruits, just like
North Naples and East Naples, which have upscale farmers markets.
There is no private property in Golden Gate City that is able to
host the Golden Gate farmers market that would be in walking distance
for the Golden Gate residents that do not drive. I have walked up and
down the Parkway begging for a private area, and there is just none.
The Golden Gate Community Center is the hub of this
community. The families that frequent this market every Saturday
bring their children to have an ethnic meal and purchase their
vegetables and fruits. Sometimes they often buy their children a used
toy from the yard sales.
The majority of participants in this market are families. Their
children work side by side with their parents. What a great way to
teach the children the value of work. How often has anyone seen this
anywhere?
These families need to work all year to support themselves. As
you know, our initial 14-day permit expires on April 11th. The county
usually allows one renewal of 14 days for a total of 28 days per
calendar year. If you are a shopping center, they allow you 42 days
per year. If you are a PUD, you don't need anything; no permit. You
can operate all year long. I find this ordinance extremely unequitable,
okay.
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And I pulled up in June of 2014 growth management put in an
LDC amendment request, I guess, and when I followed up on this, I
was told that they were turned down. And it says here, an open-air
market includes farmers markets and flea markets. Since when did
flea markets or bazaars become a bad name? I don't get it. I honestly
don't.
I thank you for your attention in this matter.
CHAIRMAN NANCE: Thank you, ma'am.
MR. MILLER: Your next speaker is Skip Haeger. He'll be
followed by Marshall Sprague.
MR. HAEGER: Thank you, Commissioners. My name is Skip
Haeger. I've been a licensed and insured businessman here in Collier
County for well over 20 years.
And during my professional career, I have participated in many
local farmers markets, flea markets, whatever you want to call them.
Not only did that afford -- not only did I offer my agricultural products
to the public along with some advice and some suggestions, but at the
same time it gave me the opportunity to meet the very diverse
cross-section of people that make up Collier County, in Naples in
particular.
One of the programs that many of our presidents have endorsed
and supported over the years is a national -- on a national level has
been for better nutrition for our children. That is also one of the goals
that local farmers markets try to provide in providing fresh fruits and
vegetables for families. Our market is one of the markets that does this
on an ongoing basis.
Our own Florida Department of Agriculture has declared Golden
Gate area a food desert, which means that the nutritional value -- or the
nutritional needs of children are not being met. This is one of the
things that our market in Golden Gate Community Center on the
grounds, we're trying to close that gap and supply fresh fruits and
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vegetables to children.
We have gathered tremendous local support for our local market.
With over -- I just found out it's almost 2,000 signatures now. The last
count we had -- that I had on Sunday was about 1,500 signatures.
We also have the support of the Golden Gate Community Center.
We have the support of the Golden Gate Civic Association, along with
the Hispanic community and -- among others.
We're asking for the support of the commissioners in simply
allowing us to provide the valuable services that we provide on a
weekly basis for the Golden Gate community.
Thank you.
CHAIRMAN NANCE: Thank you.
MR. MILLER: Your next speaker is Marshall Sprague. He'll be
followed by Terryl Nichols.
MR. SPRAGUE: My name is Marshall Sprague. I'm retired. I
live in Golden Gate Estates out by the Boulevard, Everglades
Boulevard.
Anyway, I like to go to flea markets. I was a vendor at a flea
market; I sold antiques and collectables for about two years when
retired in the mid '90s. I have not been a vendor since, but I still like to
go, and I like to buy fresh produce at those vendors.
It's a hard job. It's a hard thing to do if you do it all the time. I
did it -- that's the only thing I did for two years. Pack up in the
morning, set up your site, you have to make sure that you have tables
and chairs, a tent. If there's bad weather, you face a problem that you
might not even be able to sell. It's tough.
Then you have to unpack everything, put everything back in your
van, and go back home. Sometimes you can leave it in the van. That's
what I did, but some people actually had to unload their van because
that was their vehicle. It's a business. It was a business for me and for
these people out here. I don't know any of them except as a customer.
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But it's a business, and they make money from it. I had to make
money from it when I was doing it. It's hard.
About two weeks ago or a week ago or so, I was really offended
by a remark that somebody made when I was listening to the news. I
found out that I was a gypsy. I had no idea that I was a gypsy just
because I worked at a flea market. If that's the attitude that people in
this community have about flea markets, I really feel sorry for the
people that are here. These people need support. We need flea
markets with produce seven days a week, not four hours a week.
Thank you for your time.
MR. MILLER: Your next speaker is Terryl Nichols. She'll be
followed by Mary Ellen Cash.
MS. NICHOLS: Good afternoon, Commissioners. I'm a resident
of Naples for 10 years and a shopper of many of the markets here in
Naples.
And when I saw the news report about the Golden Gate
community farmers market being targeted, I felt I had to come out and
say something because I've been to several markets, and I don't see
anything that they're doing any different than any of the other markets.
Someone said that the businesses were complaining they were
taking businesses -- their business was being affected by this market,
and from going out there, what I see, it should enhance the businesses
around it. It's bringing more people into that area that normally
wouldn't go over there to shop.
And I think what takes business away from the small businesses
are places like Walmart and Target. I mean, they are affecting the
small business owners.
But I just wanted to say that what struck me about this market
also were the families that walk there. I mean, I'm able to drive
around. I could drive all around Naples and Fort Myers, but not
everyone has that opportunity or means to do that.
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And I watch the families, women pushing their children in
strollers and people riding their bikes there. This is a positive thing in
the community, and I just hope that it keeps going.
Thank you.
CHAIRMAN NANCE: Thank you.
MR. MILLER: Your next speaker is Mary Ellen Cash. She'll be
followed by Ita Paquette.
MS. CASH: Good afternoon. I hope you'll forgive me, but I'm
going to say everything in Spanish and English because half the group
here doesn't understand what's going on.
My first concern was in understanding what everything --
everything that was happening, because I know a lot of you. I know
Mr. Henning and Mr. Nance personally and Ms. Taylor. And I just
wanted to understand what was going on.
So I went to the market, and I had been there before but never
really looked around. I just buy my vegetables and leave. But this
time I traveled around the market. I went from booth to booth to see
what was there.
(Repeating in Spanish.)
MS. CASH: I found, first of all, my big surprise was it's not a
Hispanic market. It's a multi-cultural market. Fifty percent of the
vendors are American citizens, people that have lived in the United
States their whole lives. That was the first surprise that I had.
(Repeating in Spanish.)
MS. CASH: Okay. The other thing is, I have a personal
affiliation with the market because the Avilla family, whose son is here
today, has been one of my student for over seven years, and I
personally worked with that family to keep him here and graduate from
school, and he is now a videographer with Univision and that family
listened to me.
(Repeating in Spanish.)
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February 10, 2015
MS. CASH: So this is where I'm coming from. I'm very
concerned about the families. First of all, the Avilla family, they have
about seven jobs. They work 24 hours a day, the whole family, just to
make a living here in Naples.
And I can't stress that to you enough. The young families that go
there --
(Repeating in Spanish.)
MS. CASH: The young families that go and buy the food, that's
the only way they know how -- they can get their food, because they
don't have cars. And you see the mom pushing the buggy in the front
with the four kids around her and then the food buggy in the back. It's
crazy how they survive and they do it.
So I just want you to remember, please, okay, you're dealing with
low socioeconomic individuals, a subculture -- because they are a
subculture in our community -- and they need your help, they need
your consideration, and you are affecting families.
(Repeating in Spanish.)
MS. CASH: Okay. Please, this is their only livelihood in a lot of
cases. Thank you.
MR. MILLER: Your next speaker is Ita Paquette, followed by
Bill Arthur.
ITA PAQUETTE: Correction, Ita Paquette.
MR. MILLER: Ita, sorry.
ITA PAQUETTE: Welcome to the Hispanic community.
Well, first of all, I just want to say thank you for letting us be up
here. You want to put boundaries on farmers, flea markets, any
market, they all go together. They cannot just be one and not the other,
sorry.
We are nothing but a community, and we need to have everybody
in the community be part of it, and that's what the community wants.
They want us to all be there.
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You are elected officials. You need to serve the community,
serve them, give the public what they want. They want the community
market.
Make it a new name, community market. Don't make it a farmers
market or flea market or whatever. Make it a community market.
That's what they want.
And everything, you know, from families to, you know, the
vendors and everyone else, they need to have a place to go, they need
to have a place where they can spend their money reasonably.
I've gone to Winn Dixie. I've gone to Walmart. I've gone to
Publix. I will shop at markets anytime to get more for the buck,
basically.
And you calling names was not the right thing to do. Yes, you
took credit, you know, by going back and taking it back, but that's not
the way to handle your position. You're on a level that people respect
you. You're role models. Show them what they should be looking up
to.
My parents, they worked the flea market for years. They started
off on Davis, then they got closed down. They got sent to the farmers
market or flea market up in the fairgrounds, a hole in the wall.
Tumbleweed. They lost a lot of business, a lot of them did. They had
nowhere to go.
And here Joe came around, and thank you God, because the
community said, oh, I thought you guys were gone and didn't know
where you were. So thank God for the farmers market and the people
that are out there for us to please, you know, help the community.
So in ending this, I just want to say, please think forward and look
ahead in the right direction and keep this open year round. If it's
affecting other businesses, supply and demand. That's all I could say.
They're not taking business away from one day if they're there seven
days a week.
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Thank you.
MR. MILLER: Your next speaker is Bill Arthur. He'll be
followed by Del Ackerman.
MR. ARTHUR: My name's Bill Arthur, and I want to thank the
commissioners for one thing. I've been in Golden Gate since 1980,
and in the last three weeks, it has been on the front page of the daily
news or on TV, and before we couldn't even buy an ad in the daily
news to get recognized. So now people know where Golden Gate is.
And I was at the flea market Saturday, and I'll tell you, there was
a lot of people there that -- the crowd was probably double to what it
normally would be, and I think it's all due to the commissioners getting
us recognized out there.
The thing of it is, there's people live there, and they're not wealthy
people. And this is where they buy their groceries. They walk, and
they push their bicycles and come in that way. You go to other flea
markets, and you see that they're driving up in their Cadillacs and
things like that, and you see very few motor vehicles come into the
Golden Gate market.
And one other thing, I was in the grocery store here a while back,
and I like the sweet corn that comes -- that we get. And I was in the
market, and the corn was 79 cents an ear. I won't pay that for it. I
don't pay 69 cents an ear. And I was over at the flea market Saturday,
and theirs was 50 cents an ear. Now, I'll pay that.
So, you know, these people living there, they can't afford the 79
cents an ear of corn, but they could afford the 50 cent.
So you're really -- and as far as selling other things there, what's
the difference? At five hours a days, one day a week, and hopefully it
will be 52 weeks a year, and what makes a difference what they sell?
As long as it's not marijuana.
And, you know, I heard that there's one couple there that's 85
years old selling something that they bought and resold, and -- but this
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was to supplement their income. And I don't see anything wrong with
that.
Thank you.
CHAIRMAN NANCE: One moment, Bill. Commissioner
Henning?
COMMISSIONER HENNING: Are you still on the community
center advisory board?
MR. ARNOLD: I'm on the community center advisory board,
and we approved it, and we do control it.
COMMISSIONER HENNING: Okay. Okay. What would you
think if the board gave direction to bid out -- to have bid out the
concept of year-round farmers markets within the park system?
MR. ARNOLD: You mean bid out -- people to bid on whether
they want to do it or not?
COMMISSIONER HENNING: Yeah, get a competitive bid, like
we do most any other services, that -- the services that the county
receives.
MR. ARNOLD: Who's going to get the money? Because we get
about 10,000 a year out of the community center.
COMMISSIONER HENNING: You would get --
MR. ARNOLD: The community center?
COMMISSIONER HENNING: Well, I think you get
approximately hundred dollars a day.
MR. ARNOLD: Two hundred.
COMMISSIONER HENNING: Okay. That's not $10,000 a
year.
MR. ARNOLD: Fifty years (sic), it would be, 52 --
COMMISSIONER HENNING: Whatever 40 percent would be,
yes. It wouldn't be that the parks and rec department would do
anything different than what it's doing today with the Golden Gate
Community Center. It's a 40/60 split, correct?
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February 10, 2015
MR. ARNOLD: Well, 40/60 to operate the center, yeah. The
$200 a day comes into the center. And it's -- we still get the --
COMMISSIONER HENNING: What about if it was $400 a day?
MR. ARNOLD: The community center board doesn't care what
it is. It's, you know, we do whatever needs to be done to keep the
center in operation.
COMMISSIONER HENNING: Okay. No, I'm just -- in your
opinion, as a board member of the advisory board, what do you think
of the concept of putting it out to bid as a total package for farmers
markets within the park system?
MR. ARNOLD: I personally don't think it's worthwhile. We've
got people to do it, and we don't have to bid it, and we're happy with
what we're getting. I don't know. It's going to be up to the board and
up to the commission if that happened.
COMMISSIONER HENNING: I just wanted your opinion.
MR. ARNOLD: I don't think we should put it out to bid. That's
my opinion.
COMMISSIONER HENNING: Okay.
MR. ARNOLD: Your next speaker is Del Ackerman. He'll be
followed by Ann Padron.
MR. ACKERMAN: Ladies and gentlemen, I appreciate your
time.
MR. MILLER: Mr. Ackerman, one second, please. We're going
to bring you a microphone.
MR. OCHS: You've just got to speak right into it, sir. Hold it
close.
COMMISSIONER FIALA: I wish Nicole were here to see that.
She wouldn't feel like the Lone Ranger.
MR. ACKERMAN: Every time I go somewhere I cause a
commotion.
But I wanted to tell you, I've been here 51 years. I'm not -- I'm a
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huckster. I've been a huckster for 51 years at the Del's 24-hour stores,
all the corners in Naples.
I came here in 1964. My first farm store, whatever you call it,
flea market, farmers market, was on Bayshore/Thomasson, then I had
the one on Airport Road.
I've run many sales. You have to have diversification. These
people that have come up here, I back every one of them. I've worked
hard in this town around the clock. I've run flea market, farmers
markets, I've helped you folks with carnivals, parades, swamp buggies,
I open my big mouth.
I turned the TV on last night, and I was surprised. I had to turn it
off. Because I don't want this same thing to happen in Naples as far as
it's happening in Washington, D.C. This is America. You need
diversification. You have diversification of produce, dry goods, foods,
et cetera. These people work very hard.
The ones we should really get hold of is these big shopping
centers. You have 10 to 13 empty spots in every one of them because
their rents are too damn high. These people can do the same thing I
did. I started with 50,000. My family's all passed away. They worked
for 40 years.
We have given to this county from the farmers markets and Del's
over $3 million in 51 years, and I'm proud of that.
Go home tonight, say a prayer, and bring Naples, Florida, back to
the USA.
Thank you.
MR. MILLER: Your next speaker is Ann Padron. She'll be
followed by Marlene Gargen.
MS. PADRON: Good afternoon. I'm a resident of Naples,
Florida, for 14 years. Good afternoon, Commissioners.
COMMISSIONER FIALA: Name?
CHAIRMAN NANCE: Your name, ma'am?
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February 10, 2015
MS. PADRON: Ann Padron. And I would like to speak for the
people in Golden Gate City.
I live two blocks away. They need the work. They need to have a
means of feeding their families. It's a place where family comes and
gets together.
And everything's been said and done here which -- what I've said,
so I'm not going to repeat myself, and I just hope that Mr. Henning will
do the right thing for the community and for the people.
Thank you very much.
MR. MILLER: Your next speaker is Marlene Gargen. She'll be
followed by Dennis Strausbaugh.
MS. GARGEN: Hi. My name is Marlene Gargen. I'm a resident
of District 1 . And I'm just urging the board to continue letting the
farmers markets operate on government properties. I've attended the
one at the community center many times. I have a little card that they
check off to say that you can have a free something or other when you
come back a tenth time.
I've been to the Golden Gate Community Center one. I used to go
to it when it was Friday nights. I didn't realize that this one -- particular
one was only one year old, but it still is a wonderful place to go and get
your produce and see what else is there, see what the people are doing,
seeing the families working together and the families that come
together to enjoy the atmosphere there is -- was wonderful. I went last
Saturday, and it was really just very enheartening.
It's important to realize that the income from these markets are
pretty vital to most of the families that run the booth or the tables.
Some of it, is their second or third or even fourth job, and they bring
their families there and they work the market, and they are very polite,
and it's a wonderful place to go. And I hope you consider keeping the
standards as they are.
Thank you.
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February 10, 2015
CHAIRMAN NANCE: Thank you.
MR. MILLER: Your next speaker is Dennis Strausbaugh. He'll
be followed by Judith Dempsey.
MR. STRAUSBAUGH: I'm Dennis Strausbaugh. I currently
operate three markets; two in Naples, one in Lee County, the one in
Sugden Park, and I have another one at the Italian American club on
Thursdays, and then I have one today at the Estero United Methodist
Church.
And I just want to be here today to support not only the people
that are in Golden Gate, but myself who is trying to create a positive
environment in the county parks, because I think there's definitely a
need.
I think that my first year in this business as a manager of markets,
while I'm a vendor in markets six days a week in Lee County and
Collier County, I see a great need. I also see there's a geographical
opportunity. I don't look at it as a problem. I look at it as an
opportunity. Every area's going to have a different need.
And I'm a little, you know, miffed here because we've traded a lot
of words back and forth the last three or four weeks in the press, and I
don't think any of that's good for any of us. I think what we need to do
is address the problem.
And I've -- I really feel good about the comments that were made
before we had the opportunity to speak, all of you. We need all of you
to have a broad scope when you look at what the need is, because there
is a need. Everyone here that's in this process wants to do the very best
that they can do with what they're given, but I do need -- and I'm
asking your support. I think that we need to redefine Collier County's
-- the temporary user permits, because I think it's too broad in its
scope. There's not enough definition.
I want to run a farmers market. If Golden Gate needs a flea
market/farmers market, I think that's what we need you to come up
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with to give them the platform to do that because, again, there's a need,
and we're trying to satisfy that.
I also think, again, things are getting out of hand. The code
compliance the last couple of weeks have gotten -- I think they've went
(sic) over and above what we'd like for them to be doing even
following the rules.
Here's an example. Sunday in my market at Sugden we hosted
our second blood drive. We do that in order to promote our market,
promote the park, provide a good service to the community. The blood
drive people couldn't even put a sign out to say that they're there
collecting blood because we're under an edict from the code
compliance that we can't even put up an orange cone in the park to
help people direct traffic to this side of the park that we're working out
of. Those are the kinds of things that the current issue right now needs
to be addressed.
I like the opportunity to have parks look at a different program,
different scope of what we want to do when we move forward here,
but we need to get back to the basics here, serve the community. That's
what we're trying to do.
I have ads in the paper twice a week in the Collier County Naples
news. I have -- I'm in the banner with my other market. We're doing
everything we can do to promote and maintain a good process. But we
need your help, and we need that in an expedited manner to make that
happen.
I will finish my comments by saying that I run three markets a
week. My wife and I participate in four other markets as vendors.
CHAIRMAN NANCE: Thank you, sir. We have to move to the
next speaker. I'm sorry.
MR. MILLER: Your next speaker's Judith Dempsey. She'll be
followed by Tamara Paquette.
MS. DEMPSEY: Hi. My name is Judy Dempsey, and I've been
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here since 1974. And I went through the great Collier County Public
School system. And going through that system was very rewarding,
and it taught me a lot about to respect the different cultures and races
in my community. And I was very proud to be a graduate from the
public school system and be a resident of Collier County.
But what I see now is very shameful, and I want to say sorry to
the community here that's being affected by the decisions of our board.
It's embarrassing. I can't believe that this is happening in my county. I
don't know what to say.
I've been to farmers markets in other parts of the country, in New
Hampshire, and I don't see anything different about this Golden Gate
farmers market. I've been there, and the only thing that I see different
is that most of the shoppers and the vendors may be Hispanic, and I
don't see why that should make a difference.
I just can't -- I don't want greed to get in the way of this. If you're
bidding this out because somebody's going to get more money, then
that's extremely shameful, and that's all I can say. Thank you.
MR. MILLER: Your next speaker is Tamara Paquette. She'll be
followed by Valeree Maxwell.
TAMARA PAQUETTE: Good afternoon. My name is Tamara
Paquette, and I've been in Naples since 1978 and love this community,
but I think we're dancing around a lot of issues.
We're talking about what type of market it's going to be, and this
-- it's not about what type of market. It's truly about the war on the
poor. You have a lot of un -- you have a lot of people in Golden Gate
who don't have a lot of money, and everybody's looking to have high
property values, and we want to just keep pushing and pushing and
pushing the people, working-class families, lower working-class
families.
You want to kick them out, but you can't because somebody's got
to mow your yard and somebody's got to clean your house and
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somebody's got to do all the work that the kids that graduate from
Naples High School aren't going to do.
Now, this county and this city give permits to people who want to
come from all over the country to sell their art for $500 a pop and
block up a city street. You block off all kinds of streets to do
everything for people who want to do all kinds of very expensive
things, but the people who just barely get by, they're still citizens; they
still pay taxes. And we have to be very mindful of the fact that they
are human beings. They deserve an opportunity and a place to be able
to make a living and have a life and the American dream.
And my family came from Cuba. You met my sister-in-law, Ita
Paquette. And the simple fact that Castro's government came and shut
their stores down and kicked them out, they came to America 48 years
ago. They started the American dream. They love America. They've
become citizens. They speak the language. They work at the market.
They pay taxes. They've never been back to Cuba, and Ofelia told me,
she said, I want you to tell them for me that I love this country and I
care about this country, and where are the old people going to go on
the weekend for five hours? They come and they visit. They're 82
years old, and they unpack their van every weekend and they set out
their little haberdashery, and people come and they socialize and they
have a community.
People come and they eat and they have a good time and they
enjoy life, because that's what you're supposed to do. We don't look
down our noses at people who don't have a lot. We raise them up
because they're the ones that inherit the earth. Thank you.
(Applause.)
MR. MILLER: Your next speaker is Valeree Maxwell. She'll be
followed by Maria Ayala.
MS. MAXWELL: Good afternoon, Commissioners, members of
the public. My name is Valeree Maxwell. I used to sit up there where
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you guys are sitting when I was with the Hispanic Affairs Advisory
Board for five years. Some of you I know personally. Hi, Donna.
And I've been here for 20 years. I am an educator, and I've been
providing education for the alternative students and members of the
community of all ages who want to finish high school. Now, I'm also
chairman, actually, of the newly revised Naples Hispanic Chamber of
Commerce.
The reason I'm here is because I wanted to find out when the
Naples Daily News called me and wanted my opinion on a comment
that was made, and I gave my opinion, and many of you read that, but I
wanted to also find out what was going on.
So I went to the community and the farmers market, which I go to
a lot. I'm sure a lot of you have, too. I go there to buy really good
fresh fruit from ,Immokalee. It's amazing.
But I wanted to meet the people. None of you guys have gone out
there and met the people. Penny, I think you did. Thank you. But you
have to go out there and talk to them and see what's going on.
So I didn't just go to Golden Gate Community Center. I went to
the one at Sugden Park. I went to the one at Pine Ridge and
Livingston. I went to the one on Vanderbilt. And I will tell you this:
They're all doing the same thing. They're selling vegetables. One in
Sugden Park is they make homemade French bread and French onion
soup, okay. There are people there that are actually painting pictures.
So every one of them is different. Every one of them is selling
vegetables and fruits and different items. At Sugden, homemade
candles, bread. They're selling everything, flowers, you know, plants.
There's nothing different that they're doing at all the other farmers
markets than is going on at the Golden Gate Community Center.
Now, I will say this in defense of Dennis: I would not have been
able to find the Sugden farmers market if it were not for signs that
were at least on the road to direct you there. Now that they're gone, I
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don't know how he's going to stay in business, I really don't, because
it's way off in the back. You can't even see it.
The one in Pine Ridge and Livingston, it's a little bit bigger, but I
know they're probably going to have a parking problem. But all of
them, every single one of them, was visited by code enforcement. Just
like that. Amazing how that happens, isn't it? And they were all, you
know, taking down their signs, you know, taking down the banners and
things which is freedom of the press, and these are small
businesspeople. Call them what you want.
Let me tell you something. I know I'm running out of time. I'm
going to say this real quick. There is an 85-year-old couple at Golden
Gate Community Center. They live on $900 a month through social
security. Now, you try to live on $900 a month. And if it were not for
these farmer markets that they attend every weekend, they could not
eat, they could not pay their bills, or any of their utilities.
CHAIRMAN NANCE: Thank you.
MS. MAXWELL: Thank you.
CHAIRMAN NANCE: Thank you very much.
MR. MILLER: Your next speaker is Maria Ayala. She'll be
followed by Marlaine Rieck.
MS. AYALA: Good evening. My name is Maria Ayala. I have
been a resident of Collier County since '68, so I seen Naples grow to
what it is today.
And I've been to farmers markets. I am also an ex-vendor of the
farmers market. I do my own aprons, custom-made aprons,
double-sided. You don't see double-sided aprons in Joanne's, World
Bazaar. If you do, they're one sided and they're stiff. For 20 bucks for
an apron -- I sell mine for 25; they're double-sided. You get dirty one
side, turn it around, use the other side.
I do children's, I do men's, I do women. I have custom orders for
musicians, plays the piano. I had a lady come up to me, and she told
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me, I need an apron custom with, you know, Mozart. The other side I
want tractors, because he loves tractors. So I made it. She said, well,
can you make it a little bit bigger because he is big, so I did. But did I
charge the price that she would have paid at World Bazaar? No, $25.
She came back. She gave me an order for five more.
Now, I don't do it anymore because it affects my full-time job. I
do this as a hobby. Do I need the cash? Yes. I'm a single mom. I
brought up two girls by myself. Okay. And for these people out here
trying to make a living on what they sell and what they do at these
farmers market, flea markets, and to label us? Shame.
I'm Hispanic. I speak English more than I do Spanish. I wish I
spoke Spanish more often, but I understand it. I don't read it or write
it, but I understand. I know how to communicate with the Hispanic
people.
I've worked in the fields. I've been picking tomatoes, potatoes,
asparagus, cherries, apples. You name it, I did it. But it made food for
our tables back then.
Now, how many people in here have ever worked eight hours,
almost 10 hours a day out in the field, out in the sun? Rain? Think
about it.
Thank you.
MR. MILLER: Your next speaker is Marlaine Rieck. She'll be
followed by Jennifer Wing.
MS. RIECK: Hi. My name is Marlaine Rieck. I live in Golden
Gate Estates. I love farmers markets. I've always loved farmers
markets. I grew up in Michigan. Lived most of that time growing up
in Grand Rapids, Michigan, where they have probably one of the best
farm markets in the world, and that one is primarily a farmers market
because they give priority in the available spaces, which are already set
up -- they give priority to people bringing this their own home-grown
foods, and I think they give second priority to homemade items that are
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-- you know, and last is the arts and crafts things, but each area is
unique and different.
Golden Gate Community Center, I went to that market a lot last
year when it was on Friday afternoons, and I absolutely loved it. You
know, I love the abundance of fresh fruits and vegetables. It's almost a
spiritual experience to see what nature provides. It really is
remarkable.
And then the Golden Gate market, the sense of community, it's
wonderful. You know, you've got all these different cultures. You've
got a lot of different prepared foods from -- you know, I don't know
how to make a good tamale. I don't know how to make a papusa. I
never even ate one before I got there. I never heard of one. You
know, Jamaica, cold hibiscus tea. All I saw was this red stuff in a jar I
thought was artificially colored, and it's not. And it's wonderful,
except I know all that sugar isn't good for you.
But it's just the idea of experiencing things from different cultures
and having all the abundance of fresh food and, yes, I do buy when I
go there. I buy produce primarily.
In Grand Rapids -- well, I guess I said they do give the preference
to the homegrown things where here most of the items are from
Immokalee, and that's fine.
As to the question whether markets are appropriate for our parks,
probably not for a very natural park like Barefoot Beach, but a less
natural park that has a big parking lot, I don't see why not. Golden
Gate is not really a nature park. It's a community center. And what
says community more than a popular outdoor market where you can
socialize with everybody and everybody's friendly?
And as the county commission, I really wonder if this is really a
control issue, or is it a practical one? I do agree to protecting us from
food-borne illnesses, but I haven't seen that the market is any more
hazardous than any other outdoor festivals and probably not any more
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hazardous than a lot of our local hotels and restaurants, if you really
want to look in their kitchens.
So I found the market -- most people handling prepared foods
were using gloves, and things were kept appropriately refrigerated on
ice. They don't have refrigerators. But I thought it was very well
handled. And if it didn't look good, I didn't buy it.
CHAIRMAN NANCE: Thank you.
MS. RIECK: Thank you.
MR. MILLER: Your next speaker is Jennifer Wing. She'll be
followed by Ernesto Pinero.
MS. WING: Hello. Thank you for hearing us, your community,
and representing us. And I just wanted to take a few minutes to say,
yes, my name is Jennifer Wing, and I grew up in this community, am
thankful and blessed.
And in business they say know your market, know your
community. You know, your community wants farmers markets. I
think that it was made clear in the news the last couple weeks. Also
those flea markets, those are pretty cool that we have at the county
parks. It's a great way. I live out in Golden Gate.
Our homes out in Golden Gate are very far from one another, and
those yard sales that they have allow for people in the community to
come and sell their things, represent their business, ask for their votes.
I remember seeing you, Mr. Nance, at the flea market at Max Hasse.
I've seen businesses there. I've seen lawyers trying to represent
their business and get their cards out. I've seen fruits and vegetables.
I've seen used things. I've seen Avon. And this is at a flea market.
At the farmers markets it's pretty awesome, too. There's a lot of
different -- there's small businesses. People selling gluten-free bread at
some of the ones in the community, pelio (phonetic). And then that
works for that community.
Naples is very diverse. You've got the poorest, and you've got the
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wealthiest. It's your responsibility to serve them all, not just some, not
just a few, but all of them.
What happens on Third Street, what happens on Sugden, what
happens at the courthouse, what happens in Vanderbilt, it's not cookie
cutter. It won't work all over the place. You can't do that. You have to
look at that community, those demographics, and what will work there.
And I think that you need to take these things into consideration and
what the community wants.
Signage, I remember seeing Mr. Nance's sign at -- what's that
restaurant called? They have great biscuits and gravy, but they burnt
down. I can't remember. Nana's. Thank you. I remember seeing your
sign there. I remember seeing your sign on the back of your truck
thanking the community for voting for you.
Signs are very important for getting votes. Hey, vote for me.
Look at my sign. Elect so and so. That's really important. So signs
telling people, hey, go to this farmers market or go to this jewelry store
or the Coastland Mall or whatever, signs are very important to direct
the community, because I'd hate to see people driving in this area,
because it's difficult to begin with (indicating) where is this? I can't
find the sign. Signs are very, very important.
So think of the community. Please don't close down the farmers
markets. Call it something else if you want. Create bylaws for the
way you think it should serve the community, but think of us, please.
Thank you.
MR. MILLER: Your next speaker is Ernesto Pinero, and he'll be
followed by Silvia Ramirez.
MR. PINERO: (Through a translator.) Hello, good afternoon.
Hello to everyone. Hi. My name is Ernesto Pinero. It's three years
ago that I came from Cuba with my wife and my three children.
Without having any other family here in the United States, I was
here alone, and it was recently that I started becoming one of the
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vendors at the flea market.
His job and in what he grew up doing, his father owned -- would
make tobaccos in Cuba. They owned a factory until Fidel came and
took it away, and that's what he learned to do, and that's what he comes
here to do as well;
That the farmers market has been very good for him for his
family because he's been able to integrate what he's learned and
brought it here.
He's also been able to meet people from different cultures,
Peruvians, Mexicans, and Columbians, and just the interaction of all
the cultures together at the farmers market, and it's really helped his
family, especially him and his wife, to be able to sustain themselves
here.
He says that right now he's got over 20 friends, most of them
white Americans, Anglos, who love his tobaccos because he hand rolls
them and, you know, and what he offers.
He says that it would be really a terrible thing to go ahead and
close the market considering that it's a place where people can come,
they can get together, they can see and get things that normally they
wouldn't be able to find at a very good price, like his tobaccos that he
make.
Thank you very much.
CHAIRMAN NANCE: Thank you.
MR. MILLER: Your next speaker is Silvia Ramirez. She'll be
followed by Victor Valdes.
MS. RAMIREZ: (Through a translator.) This is Silvia Perez.
She wants you to know that every night she goes out and she brings --
she goes at night to get fresh strawberries during season to make sure
that they're available, because she understands how much everybody
loves, especially Americas, you know, fresh strawberries are so good,
and also then in the afternoon she goes and gets cucumbers, makes
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sure that they're peeled and ready for the next day.
She says that, you know, she doesn't understand why they want to
close the market, that she and everybody there tries to bring everything
that's fresh, that when the snowbirds come, they come looking -- a lot
of her clients are the snowbirds because they know of the fresh things
that they find at the market. And she doesn't understand, you know,
why that's coming into her livelihood;
That they bring in everything fresh. From the moment it's cut, it's
brought in directly to the market. They never -- make sure that
nothing's frozen or left behind. They want to make sure that they bring
the freshest produce.
She says that's all, and thank you very much for listening to her.
CHAIRMAN NANCE: Thank you.
MR. MILLER: Your next speaker is Victor Valdez. He'll be
followed by Angelina Cruz, I believe this says.
MR. VALDES: Good afternoon, members of the Board of
Commissioners. My name -- for the record, my name is Victor
Valdes, resident of Collier County for the last 35 years. I am member
of the LULAC, the big another (sic) organization on civil rights. I am
the president and founder of the Valdes Civil and Human Rights
Foundation established here in Collier County.
I run the TV show in Univision and Aztec America on Saturday
and Sunday one hour each day. It was a show in live talking about
issue like this that affect our Hispanic community. I am owner in
Golden Gate Community Center.
I support the people that work in the farmer market or pulguero,
whatever. They work for us. We need to give respect to those people.
I am disappointed with the Board of Commissioners that
disbanded the Hispanic Affairs Advisory Board. Maybe you said this
is not an issue.
But in 1991 my newspaper, Las Naciones News, Commissioner
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Fiala and other commissioner at this time, created at my request and
the request of a group of citizens in the area, the Hispanic Affairs
Advisory Board. The Hispanic Advisory Board never served our
community. The board of community (sic) never let us work together,
and especially Commissioner Tom Henning.
I am offended when he said about the gypsies and the people in
the community. I am deeply offended for him. And I know he said
racist because for many years we have several encounters, and
especially where the Hispanic Affairs Advisory Board.
I request, as member of the community of Golden Gate, that he
resign of this position that he don't deserve to hold.
Thank you for letting me express my feeling, and, again, I am
really, deeply offended for his remark. And I support the people that
take his (sic) way of life from the market.
Thank you very much.
MR. MILLER: Your next speaker is Angelina Cruz, and she will
be followed by Andrew Solis.
MS. CRUZ: (Through a translator.) Her name is Angelina Cruz.
Her and her family sell food at the Golden Gate Community Center's
farmers market.
All the food that they make that they serve at the community
center during the market is done responsibly. They make it with
natural products. They make it -- it's Mexican food, and they ensure
that the food is cooled down, and then they're placed in containers in
ice and then transferred and handled responsibly when they're at the
market serving it.
When the food is taken to the market, then it's placed on a grill so
that it's warmed up to the right temperature. When it's cooked in the
house, they wear gloves, they make sure that it's clean, that everything
is done with fresh -- that there is nothing that would contaminate, and
then it's served, you know, at the right temperature that it needs to be.
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And this is something that people come out, that's good for them
where families are able to get together and have a good meal,
especially for, like, the younger children.
She says that she understands that the market is a small market,
but that everybody there, every vendor has worked really hard to make
it something where people really want to come out and where people
want to buy and that they know that they're there and that everybody
gets a good experience.
She says that she's begging the commissioners today to please
consider keeping the market, that it used to be a year-round thing, and
now it's been taken down to six months, that to understand that this is
the way that they are able to feed their family and support their family,
to please not close the market.
She likes to take the opportunity to thank all the commissioners
for listening to her today and for letting her say how they produce their
food and to understand that it's done in a good manner, in a healthy
way, and that it's to ensure the safety of everybody.
CHAIRMAN NANCE: Thank you.
MR. MILLER: Your next speaker is Andrew Solis. He'll be
followed by Luis Bernal.
MR. SOLIS: Good afternoon, Commissioners. Andrew Solis on
behalf of the Hispanic Council in Collier County. I'm a director with
Cohen & Grigsby, a law firm in Naples as well.
I would just like to comment that what we've heard today, it
appears that the market that's at issue stimulates the economy in
Golden Gate City. It supports the Hispanic community, which is at
least a quarter of the county's population.
From what I've heard from Commissioner Henning's proposal to
put it out to bid, I'm not sure that that would actually benefit the market
in any way, but that will remain to be seen.
The business owners -- what impressed me today was the
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business owners themselves that came here today in support of it.
They're business owners that either started there -- and I think Barry
Nicholls was here earlier. I mean, what a story. That's the benefit of
this kind of a market. It supports the economy, it brings people to the
area, and I think it's something that the county should support.
The only objection that I've heard in watching everything that's
transpired about the market was one business owner who apparently
was not actually objecting to the Golden Gate market, it was to another
market on private property.
So the council supports the Golden Gate City market and also the
other markets that are ongoing on county property. There's one here at
the government center and another one at Sugden Park.
If the commission directs staff to define what these markets are
and how they're supposed to operate, certainly the council would like
to be involved in that process and offer whatever we can in terms of
helping to define that properly.
But whatever comes out of that process, we would hope that those
amendments to the LDC actually support the markets as opposed to the
opposite, to make it more difficult for these business owners to actually
operate.
And that's what we would like to see the commission do, if it does
direct staff to develop some additional regulations or definitions of
what a farmers market is versus a flea market.
Thank you.
CHAIRMAN NANCE: Mr. Solis, I just have one question for
you, if you don't mind.
I think we had one individual that had complained that an
open-air market was influencing his business, and then in the Naples
Daily News there was a report of a couple others that -- you know, a
couple that agreed and a couple that disagreed.
Does the Hispanic Council have any concerns that the market,
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that the open-air markets in the county as a whole have the ability to
hurt stand-alone businesses and shops? Is that something you've
addressed or concerned, or what is your position on those?
That's just a question that I think I need answered. I mean, maybe
they don't and maybe they do but, you know, I think you have a lot of
members -- maybe you have members that are in both positions. What
is your -- what's the council's opinion on that?
MR. SOLIS: We have not heard any of our members actually say
that it hurts their business or that they're somehow opposed to these
markets. And I think that given the attention that this has drawn, I
think we would have heard that if that was the case.
CHAIRMAN NANCE: Thank you.
MR. MILLER: Mr. Chairman, your final public speaker on this
item is Luis Bernal.
MR. BERNAL: Commissioners, thank you for letting us speak.
We support the market. We support open markets.
I want to address this issue from public policy side. I am glad
that the community came today. You have heard the family side, their
point of view, their income, the cultural, the food part, the community
part. I am somehow ashamed that you didn't hear that before you
made your decision, but now you have.
Now, I think you -- in terms of policy making, you made a
mistake. Now you are willing to fix the whole thing. I like the effort
that parks and recreation did. It did it top down, and now is the time to
do up -- from the bottom up now listening to the community.
I don't want you to get entangled in words, that it is a farmers
market, it is a flea market. I've heard no -- listening to some Cubans
here, the way that they used the word pulguero is misleading to what --
it's not exactly. You cannot translate it into a flea market.
It is a concept that is a community concept. I would love our
representatives to be in touch with the community, the overall
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community.
Thank you, Commissioner Taylor, for going to the market to
learn, know what is it about.
I encourage the staff and the commissioners to lead the staff to
design a policy from scratch. What is a concept of flea market, farmers
market, or whatever, that's sweet, not a reality, not the other way
around.
I think the community is able and is willing to participate and to
support you in doing something that we all Collier County residents
love.
Thank you.
CHAIRMAN NANCE: All right. I am well aware that
Commissioner Fiala was first, so we'll start with her.
COMMISSIONER FIALA: Thank you very much. I made a
number of notes while we were talking here.
One of the greatest notes is that we need to listen to the
community. We're -- because we're here to serve the community.
That's what our job is, is to serve the community.
As we listened to some of the items, one thing that was said was
that it might interrupt other people's businesses. Well, I'll tell you, if I
had a fruit stand or something and I owned a storefront and I sold fruit
and vegetables, what I'd do is I'd also open a fruit stand over at the
farmers market and have two little businesses going one day a week. I
mean, might as well take advantage of an opportunity, right?
And you never saw any harder workers than you see in these
Hispanic people. Everybody agrees on that. I don't think anybody
could ever deny that. And I'm very proud that they're a part of our
community.
And like one lady said, history was very different even just a few
short 30 years ago than it is right now. I appreciated her saying that.
I think we need less government, and we need more community
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support. I don't like us getting in the way. I think government better
stand out of the way. And there's a successful thing going, the
community loves it, the whole community loves it, not just the people
working there. Why do we want to get in the way? Let them enjoy.
Our parks are there for the community to enjoy. We pay taxes for
the community to enjoy our parks, and I don't want to see that end
either.
I think in this particular instance with the Golden Gate
Community Park, definitely, the Golden Gate Community Center
Board should be a part of it, and you've already heard from them.
They're positively on board to do this as well.
I like Bill Arthur's positive attitude, by the way. I don't like the
idea of going out to bid. We're getting into too much government
again. It's working just fine the way it is. Leave it alone.
And then I like the idea that parks -- parks should be the hub of
our community. This is a great place. They've -- I know in my
community, too, but I'm just going to just name Golden Gate right
now. Everybody wants a downtown area. Well, you get the park to be
the hub of the community, and that's where everybody congregates,
and there are more things than just a community park. There are
things that the park does for the rest of the community as well, and I
approve of all of those things.
So I realize there are other people that want to talk, but I am
solidly in favor of this, and as far as I'm concerned, I would like to just
continue on.
I would make a motion right now that we continue on as we're
doing and listen to the needs of the community.
(Applause.)
CHAIRMAN NANCE: Please. Commissioner Taylor?
COMMISSIONER TAYLOR: I just have a question, just
procedurally, County Attorney. Who has the authority to regulate the
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open-air markets, whatever they are?
MR. KLATZKOW: You do.
COMMISSIONER TAYLOR: So no advisory board or --
MR. KLATZKOW: You can take their recommendation but,
ultimately, it's your decision.
COMMISSIONER TAYLOR: Does this come before this body?
Again, I'm going -- I'm reaching back to my experience on city
council.
MR. OCHS: No, ma'am. We probably have somewhere around
280 temporary-use permits issued in the course of a given year. We
have guidelines from the board that govern those, but they don't all
come back individually for board approval.
COMMISSIONER TAYLOR: Is that something -- and, again,
this is in the future, but -- and if it's the will of this board to exercise
their authority or if it's the will of this board to delegate their authority,
I think that's something that has to be decided by the board.
And number two would be if it is the board's will to exercise their
authority in this and not to delegate it to an advisory board, then these
events need to be planned and can come to this board in a nice little
packet once a year, and that way there's a sense of security and
permanency for these events, because they know that it's planned and
they've got something to -- a framework from which to work.
But what I'm hearing is, is there's sort of kind of a gray area here
that probably -- and maybe not at this meeting -- needs to be very
cleaned up, because I think that there's been a lot of mis -- for me
there's been a lot of misunderstanding about the process.
So that's really what I have to say except for that one lady who
talked about how fresh her vegetables were, and I can attest to it
because I purchased at her stand, and it's wonderful.
I also made kind of a very rough tally of speakers, and I got eight,
that specifically addressed the content of an open-air market and
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supporting that these open-air markets have a variety of offerings and
not specifically vegetables or be called a flea market.
And then, just as a final note, as far as farmers markets on
government property, Immokalee's farmers market is on state-owned
property, and they have 14 of those through the state. So there is a
clear precedent done by the State of Florida to host these markets that
are very, very successful.
CHAIRMAN NANCE: Commissioner Taylor, I don't believe
that the farmers market you visited in Immokalee is on state property.
COMMISSIONER TAYLOR: Mr. County Attorney?
MR. KLATZKOW: I believe it is, sir.
CHAIRMAN NANCE: Is it? The pinhookers market is on state
property?
MR. KLATZKOW: It's -- yes.
CHAIRMAN NANCE: Okay. I stand corrected.
Commissioner Henning?
COMMISSIONER HENNING: Well, some entrepreneurs
collected money for those people to be there, then.
I need to -- I sent this to the county attorney. There is an actual
ordinance on this spelling out the duties of the advisory board and
duties of the Board of County Commissioners. And the board
includes, but not limited to, to equip, operate, maintain facilities within
the district, which is the taxing district, to buy, lease, sell, exchange, or
otherwise require, hold, dispose of equipment or other personal items.
It's up to the advisory board to annually prepare the district's
budget and establish the funds, the purpose of ad valorem taxes
necessary to carry out the provisions of this ordinance.
That is the duties of the Board of Commissioners. I don't believe
that the board can delegate its authority given by the people; however,
I think it's very important; that's why I stopped and asked Bill Arthur
his opinion, okay. I think it's very important, because I messed up on
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this issue, I don't -- I'm going to try not to mess up on it again.
It was educational by the material that Barry brought forward. I
never knew that the parks association, national association -- actually,
there's a lot of other communities that have this on government
property, the farmers market, okay.
As far as the bidding on this, Golden Gate is unique from the
other parks because of what is acceptable, in my opinion, in farmers
markets is, you know, you have somebody making hot dogs. Well,
here they make Mexican food because predominantly in that area
they're serving Hispanic and Hispanic people.
The farmer markets that I go to on the limited number of
vacations that I've taken up north, they have farmers markets that have
handmade goods, things that are cooked, things that are grown, things
that are made at home. And I need to change my opinion on that.
Farmers markets is -- if it is acceptable in the park system, I don't
have a problem with that. I think if it's going to be a proliferation
within county parks, it should be bidded; however, again, Golden Gate
is unique and distinct.
As far as selling other items, I don't think it should be allowed,
because you're picking and choosing what can be sold. And I know
that -- I mean, I have a friend of mine who sells used cars. Should that
be allowed in the park system? I don't think so.
So if-- I'm not opposed to farmers markets; however, I think we
need to get to farmers markets, if that's what we're going to do.
And I don't think it's a bad idea to bid it out, because I think what
you're going to find is we offer a product at far below what the
taxpayers should be getting.
That's all I have.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Well, Commissioner Fiala, you
and I are like minded. I would echo everything that you said, and I'd
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like to add a few words. Did you make a motion to --
COMMISSIONER FIALA: Yes, I did.
COMMISSIONER HILLER: I'll second it.
COMMISSIONER FIALA: Oh, okay.
CHAIRMAN NANCE: Let's review the --
COMMISSIONER HILLER: Would you like to repeat the
motion --
CHAIRMAN NANCE: -- motion.
COMMISSIONER FIALA: My motion -- do you want to read it
back, or shall I just -- the way I remember saying it, and I'm hoping I
remember it correctly, is I would like to just continue this market
where we are right now and keep on going because it answers the need
to the community.
And if I could even add something to that motion, if we find that
this -- they've mentioned many times that they would like to see it
continue on 52 weeks a year, and I know there isn't anything else in the
summertime, I'd say go for it.
(Applause.)
COMMISSIONER HILLER: I agree. I'll second that.
COMMISSIONER FIALA: Okay.
COMMISSIONER HILLER: Now, I would like to make some
comments. So I accept your first motion. I accept your motion as
amended. You have my support on that all the way. One thing I heard
-- because I, like Penny -- or I should say Commissioner Taylor.
COMMISSIONER TAYLOR: That's fine.
COMMISSIONER HILLER: Sorry. With all due respect.
COMMISSIONER TAYLOR: No, no.
COMMISSIONER HILLER: I was listening very closely to what
the trend was and what was being said. And one thing that I heard
over and over again is that this is a community market. It's not a
farmers market; it's not a flea market; it's not an open market; it's a
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community market, and that makes all the sense to me.
So, definitionally, if we are going to define how business is done,
we should include the term "community market" in our definitions.
And then the other thing I picked up was something that Andy
Solis said that I heard echoed by a number of other speakers and that I
think Commissioner Fiala put very well, and that is the intent of the
regulation should be to promote business, to promote community, and
not to shut it down.
And to that end, what has also come up is that a third point that I
heard repeated over and over again is signage. You can't get to the
market if you don't know where it is. And there is nothing offensive
about signage. Signage is what is so important to all businesses,
whether it's a shopping center or a farmers market or a law office, for
that matter.
So one thing I would like to encourage staff to do is when it does
look at its signage ordinance -- and I know that you are revisiting that
issue -- to please consider the appropriate type of signage for these
type of markets, whether they're on private property or on public
property, so that the public does know how to get there and enjoy the --
all the great stuff that these vendors are offering to the public.
I think everybody that came today really outdid themselves. They
took away from the opportunity to make money to come and speak on
behalf of the community. They sacrificed their personal time, and I
want to thank them personally for all being here, every single one of
you.
Thank you.
(Applause.)
CHAIRMAN NANCE: Okay. I'm going to make a couple
comments. I believe that it is true that these markets are very popular
all over the United States. Everywhere I have traveled I've gone to
antique sales, open-air markets of all kinds across the country. My
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wife and I have enjoyed that for a lifetime, and I will continue to do
that.
I believe that it's going to be a good project for us to define what
our expectations are for these markets and the concerns that we have, if
there are any. And I think that the county manager and the staff can do
this very easily.
There was one thing, though, that I insist that we have to do, and
that is we do have to make sure that we're following state law on food
safety.
COMMISSIONER HILLER: The state does that.
CHAIRMAN NANCE: Well, we're going to have to make sure
that people are functioning within that, because I do not want to let it
be said by anyone later that the county was derelict in its duty to make
sure that the foods that are prepared are within the state law, and that's
the only insistence that I think that we have, and I don't think anybody
can argue with that. I think that it's very necessary we have that.
So let's go forward. We can define what we want. I think it's
easy to do. I support it, but I do want to make sure that we have that
food safety element so that we do not have a tragedy that we have to
come back and revisit, and that's not to say -- we just can't turn a blind
eye and let people do whatever they want to on food preparation, I'm
sorry. We just can't in this day and age. The organisms are too
aggressive.
So people that operate the markets and the managers like the
Rakows need to make sure that they understand what the state laws are
and do their due diligence to make sure that people are following up on
it. It's in everybody's best interest. Nobody wants to have a tragedy.
COMMISSIONER FIALA: Commissioner Nance, Deb Milsap is
here from the public health unit in case you wanted to hear any
comments from her.
CHAIRMAN NANCE: Yes.
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MS. MILSAP: Yes. My name is Deb Milsap, and I'm here on
behalf of Stephanie Vick, our administrator for the Florida Department
of Health in Collier County.
And the administrative arm or the regulatory arm for overseeing
farmers markets is the Department of Agriculture, as you mentioned.
CHAIRMAN NANCE: Yes.
MS. MILSAP: And so we feel comfortable that they do monitor
and they do regulate the food safety.
CHAIRMAN NANCE: Well, if our managers of our farmers
markets will attest to the fact that has taken place on a regular basis,
then my concerns will be answered. But I think that's something I'm
unsure that we have at this moment.
Now, if we have it at this moment, I apologize. But I'm not sure
that we have that taking place at this moment.
MS. MILSAP: Well, it is a requirement of the state through the
Department of--
CHAIRMAN NANCE: I'm aware of that, ma'am. There's a lot of
requirements of the state, but what I'm saying is I want to make sure
that that, indeed, are the things that we have in our community. I do
not want it to be said that our community is unsafe. I know there's
state law. There's speed limits, too. Okay, so -- okay.
Who's next? Commissioner Henning?
COMMISSIONER HENNING: County Manager, what do you
understand what the motion is?
MR. OCHS: So far the motion is to allow the market to continue
at the Golden Gate Community Center on a year-round basis until
otherwise advised.
COMMISSIONER HENNING: Okay. But the question of staff
is what should they do with the markets within the park system.
MR. OCHS: That's correct, sir.
COMMISSIONER HENNING: Okay. So, you know, if we can
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get in the motion what your -- what you want to do in the parks, that
would be great.
COMMISSIONER HILLER: Why not keep it the way it is?
COMMISSIONER FIALA: Yeah, keep it the way it is, right?
CHAIRMAN NANCE: How is it?
COMMISSIONER FIALA: It is that they have, a couple of them
-- well, we have one park that does it outside of this park, and we
haven't had any complaints about that one, and we have one in our
garage, and that's fine, too. I don't see any problems with them. I
haven't had any requests from anybody else for any other parks, but I
think it's a -- I think, as I said before, a community park should be the
center of the community and a meeting place, so I say to keep on
going.
MR. OCHS: Would the -- I am sorry, Commissioner Henning.
COMMISSIONER HENNING: Yeah. I think that -- in my
opinion what you do at -- allow at one park you need to allow at all
parks.
COMMISSIONER FIALA: Sure.
COMMISSIONER TAYLOR: That's right.
COMMISSIONER HENNING: So I'm not --
COMMISSIONER TAYLOR: Maybe we can carve it as a
separate motion. Maybe we can -- and do that. I'm a little concerned
about a couple things that have -- not the motion, but what's been sort
of left out there, and I think the community may be --
COMMISSIONER HENNING: And it should be spelled out in
the motion.
COMMISSIONER HILLER: Commissioner Fiala --
COMMISSIONER FIALA: Do you want me to --
COMMISSIONER HILLER: -- make two --
COMMISSIONER FIALA: -- adjust this motion?
COMMISSIONER HILLER: Why don't we have two motions.
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COMMISSIONER FIALA: Okay.
COMMISSIONER HILLER: We have one motion, and then
make another motion, and I'll second your other motion, because I
know where you're going. Do you want to make a second -- well, let's
-- can we vote on the first motion, and then Commissioner Fiala can
make a second?
CHAIRMAN NANCE: Are there further comments on the
present motion?
COMMISSIONER TAYLOR: Yes.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: Yes. It's my understanding that
this present motion allows the current market at Golden Gate to expand
their time for 52 weeks a year, correct?
COMMISSIONER FIALA: Yes, and working with Golden Gate
Community Center Advisory Board, you know. They have to be doing
that.
COMMISSIONER TAYLOR: Well, there's a couple of things
that we have to deal -- I mean, we haven't decided whether or not this
board wants to -- I mean, in tradition, what you've done is allowed an
advisory board to make decisions. Is that what this board wants to do?
COMMISSIONER FIALA: No. We're working with them. That
doesn't say we're giving them the -- it's our park, but it's their park as
well, and I'm saying as long as we work together with them. They
need to be a part of the decision-making process, but we -- you know,
it's our decision, and we're inviting them to participate because they're
funding part of this.
COMMISSIONER TAYLOR: Do we know what other groups
want to use the Golden Gate center for the other 26 weeks a year?
CHAIRMAN NANCE: I don't think we do.
COMMISSIONER TAYLOR: That's right. Do we know what
groups would like to use it or who have applied? No. You don't -- you
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don't have the whole --
COMMISSIONER FIALA: I thought we were -- and you're
right. I thought -- Bill Arthur has his hand -- but, Bill, you'd have to
come up. And we were just --
Bill, you can't talk from back there. You have to come up.
MR. OCHS: Commissioner, or Mr. Chairman, Mr. Williams may
be able to help.
CHAIRMAN NANCE: Mr. Williams, can you add some clarity
to any of this.
MR. WILLIAMS: I can try. Just -- I guess one -- a couple things
I'm hearing, and one thing to clarify is that the board approved our
rental agreement that we use for all of our rentals. Like -- and for this
instance, that's what it is, in essence, a rental.
You know, one of the things Mr. Klatzkow mentioned to me in
part of this discussion is that there may be some rentals -- and
Commissioner Taylor, you bring it up, too -- perhaps there are some
rentals that we need to bring before the board for their consideration.
And this certainly -- if I had to do it over again, this would be one we
would have brought before you. So that's one thing, you know, to
point out.
The rental agreement itself has been approved by this board and
been delegated to the county manager to -- the county manager or his
designee to enter into these agreements. And so that's what we have
now as far as a process.
For us, with the MSTU with the Golden Gate Community Center,
any type of activity that we do, because of their role, we will work with
them and get their approval as well, and that's what we've done in this
instance.
So you have, in essence, through previous action, given us that
right to do that. Now, the question is, do you want to do anything
different for future? And certainly we're open to that.
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MR. OCHS: The question was, what do you do about schedule
conflicts if you allow the market to operate year round.
MR. WILLIAMS: There's a provision in the agreement that we
have now, in the rental agreement, that basically gives us the right to
deny registration, and we've actually exercised that. We had an event
at Golden Gate Community Center recently, the Ziggy Dick Barbecue.
And we worked with the market to say, we have this event, we need to
not -- you can't be here this weekend because we have this event, and it
takes precedent over yours.
Again, we work with the advisory board to prioritize those events.
I do think Mr. Arthur is a good person to hear from in terms of the
types of events.
One of the things that we've dealt with with the current LDC, just
to mention this, is that right now the special-events permits that we're
able to get, we get 14 plus potentially another 14. That eats into the
special events that occur at the Golden Gate Community Center.
So I think it's a valid point that you're making. If we give all of
our special events to the farmers market, then we may not have access
for some of these others. But if you're granting permission for the
farmers market to operate 52 times out of the year, I'm not sure how
the special-events permits that we pull for these other events are
affected, and that's something we need to figure out.
COMMISSIONER HILLER: That's the same way as they always
have been. The same way you're doing it in season right now, exactly
with that clause in the contract that allows you to prioritize an event
over the presence of the market, and that's up to the input of the
advisory board, and it's worked very effectively, as Mr. Arthur can
attest. He's nodding in the back. So I don't see that there's an issue. I
mean, what has been done has worked on every level.
CHAIRMAN NANCE: I believe that the first step we need to
take is we need to evaluate what it is that we're doing everywhere that
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we're doing something, because I would maintain that we're probably
not doing anything the same in any two locations.
So I would make a motion that we have county staff do an
assessment of our various markets that we have throughout the county.
COMMISSIONER HILLER: There's a motion.
CHAIRMAN NANCE: There's a motion on the -- what's the
motion on the table? Excuse me.
COMMISSIONER HILLER: There's a motion and a second.
COMMISSIONER FIALA: It was just with this park only.
CHAIRMAN NANCE: Okay. Let's deal with the motion that we
have. We're going to want to extend that for 52 weeks.
Is there further comment, Commissioner Henning?
COMMISSIONER HENNING: Yeah, there's more to it there. I
don't have a problem with a farmers market at the community center,
and I don't mind -- and I think it's most appropriate to extend it to have
it more than half a year or six months.
I think it's appropriate to allow all the markets to; however, on
county property, we need to take the parts -- the parks as one. We
need to give direction, whatever we allow in one park, we should allow
in the other one, and that doesn't (sic) what the motion states, and I'm
not going to support it.
COMMISSIONER FIALA: But isn't this park different than all
of our other county parks because it has an MSTU involved?
COMMISSIONER HENNING: Well, again, the ordinance spells
out, Jeff, the board decides the activities at the park, okay. And to treat
one park different to allow certain aspects in a park that you don't
allow in others I don't think is the right thing to do.
COMMISSIONER FIALA: But, Commissioner Henning, the
funding source is different also. I mean, you have a park here that is
partially being funded by the MSTU. There aren't any other parks in
our system that are. So I believe that it is totally different than any
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other park. I don't mean to, you know, go against you, but I don't
believe this is the same kind of a park at all. I think you need two
separate motions.
COMMISSIONER HENNING: And I think the activities, again,
you should -- if you allow it in one, you should allow it at all.
CHAIRMAN NANCE: They also have an annual calendar of all
sorts of events at that. I'm not sure that the board at the community
center has fully envisioned what they're asking for when they ask for
52 weeks. And it may be presumptuous on my part, but I know they
have a lot of annual events there that may not be compatible.
COMMISSIONER FIALA: And that's why I said that they
needed to be -- in my motion that they needed to be working with the
Golden Gate Community Center board. I mentioned that in the
motion, because you can't predict what they've already committed nor
what the board will want to work with us on. I think we need -- we
have to allow them the ability to do anything, but as long as they're
working with the board.
CHAIRMAN NANCE: I would support your motion if you
would have it -- if you would have the proposal originate with the
advisory board and bring it back to us for approval. I think that's the
most appropriate thing to do, because they're the only ones that know
what else they've got going on at that center.
COMMISSIONER HILLER: May I speak? I've been waiting.
CHAIRMAN NANCE: You have been so patient for at least five
minutes.
COMMISSIONER HILLER: I have. Listen, it's like, count your
blessings.
So it's very clear, Commissioner Nance, that you're not
understanding how it works. They have a very good system. And the
input from the advisory board with respect to the scheduling allows for
balancing the right to operate within that period of time by the farmers
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market as well as the special events that that advisory board assists in
bringing forward to that community center.
The one size fits all, based on everything we just heard from the
community, doesn't work. This doesn't have to be exactly the same at
every single county park. We can have a different template for the
different parks because they are all very different communities. And
we're looking at community markets.
We have different sports programs at every different park. We
have different activities at every different park. This is not
communism. It's not like one size fits all, always the same thing
everywhere. We're not clapping in unison. We need to accommodate
the communities that we are serving.
What Commissioner Fiala has proposed makes absolute sense.
The system that's in place between the advisory board and the parks
division and the rental agreement as drafted by the County Attorney's
Office as approved by this board works to allow everything to move
forward in the best possible way as the community wants it, not what
we want. It's what they want.
And so I have to -- yes?
MR. KLATZKOW: This agreement was not designed for the use
it's in.
COMMISSIONER HILLER: Say that again.
COMMISSIONER HENNING: Yeah.
MR. KLATZKOW: This agreement was not designed for the use
that's being done. We designed that agreement if somebody wanted to
rent a pavilion for a birthday party or if somebody wanted to rent to do
a rumba class.
COMMISSIONER HILLER: But they are using it, correct?
MR. KLATZKOW: Yes, but I'm telling you that had we
designed an agreement for a farmers market type thing, it would be
very different than what you have right here.
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COMMISSIONER HILLER: So let me -- but let me ask. It has
been used for this, and it has worked, correct? I mean, have you had
any legal issues, any problems with the way they've been working it
with the clause to allow, you know, interruption for a different event?
MR. KLATZKOW: I think for something like this, you need a
different form of agreement than what's contemplated --
COMMISSIONER HILLER: Would you like to bring back a
different type of agreement that allows for this type of accommodation
and whatever else you think is appropriate to ensure --
MR. KLATZKOW: Yes. Yes, I would, for the board's review.
COMMISSIONER HILLER: Then, Commissioner Fiala, do you
want to add that into your motion?
COMMISSIONER FIALA: Yes, to move forward and have the
county attorney work with parks to put together a different agreement
and work with the MSTU board?
COMMISSIONER HILLER: If we can -- right. As long as we're
improving that agreement to allow them to operate, you know, as
effectively as possible to serve the community's interest, there's no
reason not to improve it. What we've got has worked fine. We've had
no issues whatsoever on the legal front.
So if you think we can do better, that's great. I mean, it's not
going -- as long as it doesn't impede what the overall objective is, it
makes sense. But at the end of the day, we don't need one size fits all
for all the parks. We don't have that right now with respect to all the
programs that we have in the parks.
MR. OCHS: Mr. Chairman?
CHAIRMAN NANCE: I'm quite concern we don't.
Commissioner Henning?
COMMISSIONER HENNING: Yeah, thanks.
Nobody said we had to have the same thing in every park.
Nobody said that. What was said was you should allow it, okay. What
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you allow in one park you should allow in the other park. Plain and
simple.
And, quite frankly, the temporary-use permit that was filed with
the county was for a farmers market; is that right? Okay.
MR. OCHS: Mr. Chairman?
COMMISSIONER HENNING: You know, that's what -- he's the
chairman. That's what was -- that's what was filed, and then it had a
whole site plan.
Nick, is that right?
MR. CASALANGUIDA: Yes, sir, and if I can --
MR. OCHS: Hold on a minute.
COMMISSIONER HENNING: No. That's all right. I asked him
a question, Leo.
MR. OCHS: He answered, sir.
MR. CASALANGUIDA: Yes. I think Leo wants to elaborate on
something I just told him.
MR. OCHS: Commissioners, what I'd like to say is
notwithstanding the fact that we acknowledge that one size doesn't
necessarily fit all, to Commissioner Henning's point, the instrument
that's used to authorize these open-air markets, whether they're on
public land or private land, is the same instrument.
And in terms of concerns about disparate treatment or picking,
you know, who can or can't operate 28 days a year or 52 days a year, I
have a concern about that, again, acknowledging that not one size fits
all. In the case of how these are regulated, the primary instrument is
one size, and it applies to all of the markets wherever they operate.
So I think if we're going to allow one market to operate a certain
number of days, you may want to consider applying that to any other
market that wants to operate more than the 28 days.
That's why, you know, we may want to take a step back. We said
we were going to try to get to you before their current permit expires at
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the Golden Gate market with these LDC -- suggested LDC changes.
You still have some time to deal with this issue between now and then
without affecting the schedule as it exists through the end of April, I
believe, with the Golden Gate market.
Everyone wants to do the right thing for the community, and
that's laudable, but when we try to make these decisions on the fly,
sometimes we may miss a few things.
CHAIRMAN NANCE: I agree, Mr. Ochs.
It looks to me like there's unanimous approval to have an
expanded use. I have no question about that.
You mentioned earlier that we issued 280 temporary-use permits
a year. I just want to make sure that we have some sort of structure as
we issue 280 permits. I don't want to issue 280 custom permits per
year, I'm sorry. I just can't -- I can't get around that. I do not want to
approve each permit on this board.
I believe we have to have some very basic general rules that cover
all the bases so everybody knows where they are and they know what
they can expect.
If one vendor appears in one market, they should be able to go to
another market at another county park and understand basically what
the rules are. We shouldn't be reinventing the wheel every time we
move from place to place.
Correspondingly, if there's somebody whose business is to
operate open-air markets and they're operating them on private parcels
in the county, they need to know what is expected of them. And I
think we have a reasonable right to know what it is that we are
expecting of them as well.
So I have no problem about passing a motion -- I will support it --
to expand the use, but at the same time I believe we need to allow Mr.
Ochs and his staff to come back, take a look at it, and bring something
back to us with specifics so that we can examine it. And he can also
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advise us of-- he can give us a status report on where we are on some
of these things. I think that's very fair, and I don't think it's intrusive on
anybody.
Commissioner Taylor?
COMMISSIONER TAYLOR: Yes. To pass this motion -- I
mean, I think -- well, I think what we have to do is pass a motion that
we agree that this market needs to have expanded hours. I think -- or
expanded days or expanded weeks or expanded months. I think this is
going to give the community some security.
But I totally agree with you, Chairman, that it is so important to
have a framework around this.
CHAIRMAN NANCE: We must.
COMMISSIONER TAYLOR: And we don't have the
framework. It's important for the managers and for the people who are
the vendors, and it's important for us. We need to understand who's on
first and who's on second. Staff is -- they have to have whiplash going
back and forth about this. There's legal issues here.
The ordinance, I believe, specifies 28 weeks a year. How can we
allow them -- I mean, we'd have to amend an ordinance in order --
because the permit's under the ordinance. There's so many legal
aspects. It doesn't -- it's not all black, but I am so -- the thing that
sticks in my mind is what Mr. Bernal said, design a policy that suits
our reality, not the other way around, and that's what we're giving staff
a chance to do for input.
And I'm not saying this is going to be a quick slam dunk, but what
we -- I think what we need to do is make sure that the market knows
that we support it expanded hours and have staff figure out how we can
do it; even if we're under the process of deciding this, that the market
goes forward and there's a sense of security.
CHAIRMAN NANCE: So where are we with this motion, and
how can we craft a motion that meets everybody's concerns here?
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Where are we with this motion?
COMMISSIONER HILLER: Commissioner Fiala, you go first.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you.
The motion was for this particular park. I understand what you're
saying. On the other hand, we have an MSTU board here that makes
their own decisions as to when they're going to have events. It has
nothing to do with what we're doing. This is -- they're the decision
makers there as well, and they come to us and work together with us.
We don't have another park that has a decision maker there. Our
board -- our parks and recreation department makes the decisions for
all of the rest of the parks, just not for this park.
So I still believe we're going to need two separate ones, and that's
what I -- that's what my motion was in the beginning was this park
separate. I know you guys keep throwing it together, but I don't believe
that can be done because nobody -- no other park has an MSTU board.
COMMISSIONER TAYLOR: Can we ask the county attorney
for his opinion?
MR. KLATZKOW: You can limit an open-air market to this
park and this park alone, if that's what you want to do.
COMMISSIONER FIALA: No, I'm talking about -- I'm talking
about the days and the opportunities to stay open the rest of the year.
I'd like to -- I like Commissioner Hiller's idea of calling it a community
market rather than an open-air market, by the way. I thought that
worked well.
MR. KLATZKOW: I think the county manager and I understand
what the board wants. If you could allow us to come back so we could
properly structure this for you, I think that's what I would ask.
COMMISSIONER FIALA: But can we still be assured that now
they move forward with this project while you're designing this thing
for --
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February 10, 2015
MR. KLATZKOW: Their permit's good through April.
CHAIRMAN NANCE: Good through April.
COMMISSIONER FIALA: Okay, fine. Okay. But I still want
to see my motion passed.
COMMISSIONER TAYLOR: Can we take a consensus? Could
we do it as a consensus?
COMMISSIONER HILLER: No, we can't.
COMMISSIONER FIALA: Just a minute.
COMMISSIONER HILLER: It's an official --
COMMISSIONER FIALA: Can we just include in my motion
that the motion is just for this park, but we ask you and the county
manager to go back to the drawing board and come up with a proposal
for this park and then for all of the other parks so that we have -- I hate
to say one set of rules, but that's probably the way it's going to go, and
then we can always adjust them according to the parks in need.
CHAIRMAN NANCE: If your motion is to let the county
attorney and the county manager come back with a proposal for 52
weeks, I'm in support of that, but I'd like to see him come back with
some additional facts and have a chance to think about this.
COMMISSIONER FIALA: So in other words, we can't pass this
motion at all until we have the county manager and the county attorney
talk (sic); is that what you're saying?
CHAIRMAN NANCE: Ma'am, they're still in business till April.
We've got till April to resolve this. Nothing's going to happen to
anybody. So if we give them a little bit of time to come back with a
52-week proposal, it will let them work through any anxiety that they
have, they come back to us. We've got between now and April to get
this fixed. They're not going -- they're not stopping until April.
COMMISSIONER HILLER: What is there to fix?
CHAIRMAN NANCE: We don't know.
COMMISSIONER FIALA: Yeah. If we don't know what's to fix
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February 10, 2015
-- if we don't know, then why are we fixing it?
COMMISSIONER TAYLOR: The fact is, we don't know.
We've got difference of opinion. You've got your county attorney
saying give me more time.
COMMISSIONER HILLER: For what?
COMMISSIONER TAYLOR: You've got your staff saying give
me more time.
MR. KLATZKOW: You are taking what has been a temporary
special use and you're creating basically an annual market to be held
there on a weekly basis. Those are different concepts.
COMMISSIONER HILLER: So just get it done.
MR. KLATZKOW: Yes.
COMMISSIONER HILLER: I mean, we're making -- we're
making the motion to direct that you do it, and so just do it and put it in
effect. We don't have to bring it back. It's done.
If Commissioner Fiala is making the motion and the board
supports it, you just make -- you do whatever you need to do legally,
and the county manager does whatever needs to be done operationally
to turn that into the reality.
MR. KLATZKOW: I think you're going to need an ordinance
change, but --
COMMISSIONER HILLER: Then bring back the ordinance to
amend accordingly. Do whatever has to be done to support
Commissioner Fiala's motion.
COMMISSIONER TAYLOR: That's exactly -- well, that's what
-- I'm not sure we should do everything we can do to support a motion.
I think that the attorney needs to advise us legally on what we should
do as a community to protect the interests of everybody.
I know this is the legal world here, but it's so important that we
have something solid going forward that is -- this isn't done on the fly.
MR. KLATZKOW: These are your ordinances, all right. And
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right now under your ordinances, you can't do what you want to do.
What I'm saying is, let the county manager and I work together so you
can do what you want to do. We'll bring it back so it's structured
properly.
COMMISSIONER HILLER: Well, kindly help Commissioner
Fiala craft the motion so she has the assurance that she is going to get
back what she wants, that I support.
MR. KLATZKOW: You can direct staff to keep the status quo
through the end of the permit and direct the county manager and I to
come back, you know.
COMMISSIONER HILLER: You can't change the status quo.
That has already legally been established. So we don't have to direct
you to do that. You can't change it. You admitted that in a memo to
us.
MR. KLATZKOW: You know, we can go back and forth on this
all you want, but what I'm saying is, keep the status quo through April.
By that time the county manager and I will have an executive summary
for your review so that you can do what we understand what you want
to do.
COMMISSIONER HENNING: I could support that.
COMMISSIONER TAYLOR: And it's very clear that this board
unanimously says that the Golden Gate market needs to have more
than 28 weeks a year or 26 and that we want to move it to an annual
lease.
CHAIRMAN NANCE: So now we need to let the staff and the
county attorney bring it back to us in a nice finished package instead of
trying to do it on the fly.
COMMISSIONER FIALA: So now she just said just Golden
Gate. Are we doing Golden Gate or are we doing all of them?
COMMISSIONER TAYLOR: Well, your motion said Golden
Gate.
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February 10, 2015
COMMISSIONER FIALA: It did, but you just said that, but
they're talking about a package for everybody.
MR. KLATZKOW: We're just doing Golden Gate for now.
COMMISSIONER FIALA: All right. So we're just doing
Golden Gate. So what you're saying is you're going to take my motion
and come back with an ordinance to support that; is that what you're
saying?
MR. KLATZKOW: County Manager and I will sit down, we'll
figure out from a transactional standpoint the best way to implement
this that protects everybody's interest and keeps the market open.
COMMISSIONER FIALA: Working with the Golden Gate
Advisory Board.
COMMISSIONER HILLER: And the Hispanic Council.
MR. KLATZKOW: The more people we have to work with, the
longer this is going to take. I mean --
COMMISSIONER FIALA: I want to get it done right.
MR. KLATZKOW: I understand what you're saying, but it's like
an LDC amendment; when you try to go through all these different
committees, you know, you extend the time that it comes back. I mean,
if that's your direction, yes, we will work with these people.
COMMISSIONER FIALA: We have to just have it done by
April, right? Okay.
COMMISSIONER TAYLOR: That would be my preference that
the --
COMMISSIONER FIALA: Well, I'm the motion maker, though.
COMMISSIONER TAYLOR: No, but it would be my
preference, I mean, to support it, would be the Hispanic business
community is involved in this.
MR. OCHS: I will make sure that happens.
COMMISSIONER FIALA: Pardon me?
MR. OCHS: I will make sure that we consult both with the
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February 10, 2015
Hispanic Business Council and certainly the advisory committee.
COMMISSIONER FIALA: I'm sorry you got involved in this,
but you guys are stuck with it now, too.
COMMISSIONER HILLER: Andy, you're a lawyer, don't forget.
Commissioner Fiala, do you want to restate your motion to --
COMMISSIONER FIALA: Well, I don't even know what the
motion is anymore, Commissioner Hiller.
COMMISSIONER HILLER: Okay. Let me go ahead and make
the motion then.
CHAIRMAN NANCE: Wait a second.
COMMISSIONER HILLER: I would like to make the motion.
CHAIRMAN NANCE: No, no, no. Commissioner Fiala's got a
motion.
Commissioner Henning?
COMMISSIONER HILLER: Then let her restate it.
COMMISSIONER HENNING: Leo, you were shaking your
head no just a few minutes ago on the discussion. Would you please
advise the board what we need to be doing.
MR. OCHS: Well, the direction that you're going I think is fine.
My overarching concern is when you expand the hours for a market
that is similar to markets done all over the county on both public and
private property but you limit the extension to one market, how do we
deny the next market that comes in and says I'd like to do it for 40
weeks or 52 weeks? How do you treat them differently when right
now we're regulating them all with the same instrument?
I think what I'm hearing Jeff saying is perhaps we have to create a
different ordinance for year-round markets and let people apply
through that process instead of a special-use permit, but that, again --
COMMISSIONER FIALA: You're grouping them together
again, Leo.
MR. OCHS: Well, yes, ma'am, because --
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February 10, 2015
COMMISSIONER HENNING: Hang on. I might be able to help
you fix it.
MR. OCHS: Okay.
COMMISSIONER HENNING: The board gave direction last
year on these temporary-use permits.
MR. OCHS: Yes.
COMMISSIONER HENNING: Jeff, that could be considered
zoning in progress, correct?
MR. KLATZKOW: Yes.
COMMISSIONER HENNING: Okay. So we already have the
instrument through the direction last year on these special events to
allow them. Nobody had objections. I provided the minutes to
everybody. Nobody had objections to the weekly event. We just want
to separate things.
So if the board sees these markets as zoning in progress, there's --
everybody's equal. We treat everybody equal.
COMMISSIONER FIALA: You're talking about a whole
different -- you're talking about a whole different ball of wax here.
And not only that, but I think that the Golden Gate Community Center
is the center of their community as well. People go there because they
-- just like -- you know, in my community we have a little bit of a
problem with people can't drive anyplace because they're kind of just
stuck. Well, same with this community. You know, they walk there.
This is a place where everybody congregates, and I feel that this is an
opportunity for our park system to encourage that central park area for
commerce as well as activities as well as community events, and -- but
also we're working with the advisory board, which you don't have in
any other park, and so they have to work together in harmony to decide
what's going to happen, which is going where and work together,
which doesn't happen in any of the other parks.
CHAIRMAN NANCE: Well, I believe that, indeed, everybody
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February 10, 2015
wants to support that.
COMMISSIONER FIALA: Good.
CHAIRMAN NANCE: But that having been done, what we do
here will have effects on the others. It's not as if this is in a vacuum.
We're trying to create a circumstance. But these gentlemen, the county
attorney and the county manager and park staff, need to be able to look
at how that's going to now affect other things.
COMMISSIONER FIALA: If it does.
CHAIRMAN NANCE: Right. So they're going to come back,
and they're going to let us -- they're going to advise us.
Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
Commissioner Fiala, are you going to restate your motion in some
fashion, or would you like me to maybe --
COMMISSIONER FIALA: You take a stab at it.
COMMISSIONER HILLER: -- help you. All right.
To direct the county attorney and the county manager to come
back with all necessary legal and operational documents for board
approval with respect to the Golden Gate market to allow them to
operate for 52 weeks a year. And the reason that this market is
distinguished from the other markets is because it's being hosted in a
community center which is funded by an MSTU, which is unique and
different from all other markets.
COMMISSIONER FIALA: And so they'll be working with that
MSTU.
COMMISSIONER TAYLOR: Do you want to second it?
COMMISSIONER FIALA: Okay. Does that seem to work with
you?
MR. KLATZKOW: Yes, that's acceptable.
COMMISSIONER FIALA: How about you, Leo?
MR. OCHS: Yes, ma'am.
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February 10, 2015
CHAIRMAN NANCE: So there's a motion by Commissioner
Hiller.
COMMISSIONER FIALA: Yes, and I'll second that.
CHAIRMAN NANCE: Commissioner Fiala seconds it.
Any further discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: It is unanimous.
(Applause.)
COMMISSIONER HENNING: Are we going to deal with --
CHAIRMAN NANCE: I think we're going to take a break unless
you have --
COMMISSIONER HENNING: Well, I think we need to deal
with the question that Barry had which was the executive summary.
We only dealt with the Golden Gate Community Center. Unless you
want to put this on a future agenda.
COMMISSIONER HILLER: Maybe we should continue that
question.
COMMISSIONER FIALA: Well, are we even going to discuss it
at our parks and recreation workshop?
COMMISSIONER HILLER: I think that's a good decision.
CHAIRMAN NANCE: I will make a -- I will make a motion to
have county staff bring back an independent agenda item to discuss the
ancillary impacts on this and how we are going to handle our other
parks on county property and non-county property as they work
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February 10, 2015
through the definitions and so on and so forth.
COMMISSIONER FIALA: If we even want to do that.
COMMISSIONER HILLER: Yeah. I think that should be
brought up at the workshop where we talk about the parks' impact fees.
CHAIRMAN NANCE: Well, don't we have them already
working on these definitions under the previous direction to discuss
temporary events?
MR. OCHS: Yes, sir. That's part of the work we're doing on the
LDC amendment.
CHAIRMAN NANCE: So that needs no additional motion;
you're going to just do that in a stepwise manner then?
MR. OCHS: Yes, sir. If I understand that the policy decision
right now from the board is that they are going to continue to permit
the markets that are currently existing on county property to continue
to operate under the permits that they've been issued.
CHAIRMAN NANCE: Currently have, yes.
COMMISSIONER FIALA: Right.
COMMISSIONER HENNING: You've got to do it for
everybody.
MR. OCHS: You mean the private markets, Commissioner
Henning?
COMMISSIONER HENNING: Yes.
MR. OCHS: Well, yeah. They're also operating under the same
special-use permit right now.
CHAIRMAN NANCE: Come back to us with your evaluation as
you work through this other item. You've got your plate full right now,
I would say, sir, unless the commissioners on the dais disagree.
COMMISSIONER HILLER: So I should -- I'll make a motion
that we continue any decision with respect to the other farmers markets
CHAIRMAN NANCE: Until we get information.
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February 10, 2015
COMMISSIONER HILLER: -- until we have more information
for our review, and then we can decide when we want to hear it based
on that.
CHAIRMAN NANCE: I'll second.
COMMISSIONER FIALA: We only have one other one in a
park, right?
COMMISSIONER HILLER: Well, we have Sugden, and we
have the one right here at the government property.
COMMISSIONER FIALA: Yeah. But, I mean, this isn't a park
here, so it would only be Sugden.
COMMISSIONER HILLER: Yeah, right.
COMMISSIONER FIALA: So we can communicate with that
gentleman and see and, you know -- and we can even talk with --
COMMISSIONER HILLER: That's your district, right?
COMMISSIONER FIALA: Yes. Well, it's not in my district.
It's in her district.
COMMISSIONER HILLER: It's in your district.
COMMISSIONER TAYLOR: Which one?
COMMISSIONER HILLER: The Sugden market.
COMMISSIONER FIALA: And so not only that, but then we
can -- yeah, Sugden is in your district.
COMMISSIONER TAYLOR: Is it?
COMMISSIONER FIALA: Yes, ma'am.
COMMISSIONER HILLER: Surprise.
COMMISSIONER TAYLOR: Not by the map, it's not.
COMMISSIONER FIALA: Yes, ma'am, it is.
COMMISSIONER TAYLOR: Coming in -- when you come in
Davis, it's the north side of Davis all the way to Bayshore, and then it
comes down Bayshore.
COMMISSIONER FIALA: Ma'am, on the other side of U.S. 41
is also District 4.
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February 10, 2015
COMMISSIONER HILLER: Let's call the supervisor of
elections.
CHAIRMAN NANCE: Okay. Let's stop this territorial
disagreement. This sounds like the Ukraine.
COMMISSIONER HENNING: We do have a park in the -- flea
market in the parking garage.
COMMISSIONER FIALA: That's what I meant. Is that a park?
COMMISSIONER HENNING: Yeah, it's -- I park there all the
time.
CHAIRMAN NANCE: Mr. Ochs, have you reached a level of
stability here? Should we go to the next item, sir, or do you still have
questions remaining in your mind? You and the county attorney okay?
MR. OCHS: Oh, yeah. I wouldn't dare ask any more questions
right now.
Mr. Chairman?
CHAIRMAN NANCE: All right. Let's take a break for 10
minutes. We'll return at 4:49.
(A brief recess was had.)
CHAIRMAN NANCE: Okay. Mr. Ochs.
That is not my purse.
UNIDENTIFIED SPEAKER: Well, it doesn't match your shoes.
CHAIRMAN NANCE: All right. Well, there you go.
Item #11C
A POLICY GOVERNING THE PAINTING AND/OR THE
REPAINTING OF COLLIER COUNTY MAINTAINED TRAFFIC
SIGNAL AND STREET LIGHT POLE STRUCTURES AND
REQUEST FOR DIRECTION FROM THE BOARD OF COUNTY
COMMISSIONERS FOR A PAINTING POLICY ON NEW
STRUCTURE INSTALLATIONS - MOTION TO APPROVE
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February 10, 2015
STAFF'S RECOMMENDATIONS AND TO KEEP THE 2013
POLICY — APPROVED
MR. OCHS: Mr. Chairman, that takes us to Item 11C. This is a
recommendation to approve a policy governing the painting and/or the
repainting of Collier County maintained traffic signal and streetlight
pole structures and request for direction from the board on the painting
policy on new future structure installations.
COMMISSIONER HENNING: Are you sure?
COMMISSIONER HILLER: Motion to approve.
MR. OCHS: Mr. Ahmad will present.
MR. AHMAD: Mr. Chairman, good afternoon, Commissioners.
I'm Jay Ahmad, for the record.
I have attached a PowerPoint presentation, part of the packet, and
I also have attached the report together.
CHAIRMAN NANCE: Mr. Ahmad, can I ask you a couple
questions. Maybe I can ask a couple questions that will move the
discussion along. I'm sure that the commissioners have read the
agenda item.
I have one overarching concern on our painting program of signal
light and street poles -- streetlight pole structures in the county, and
that is, after reviewing the fiscal impact that's been presented, it's my
understanding that we are currently at a level of approximately a
requirement of$500,000 each and every year to keep up with the
ongoing painting and maintenance of these poles; is that accurate,
roughly speaking?
MR. AHMAD: If we don't go to the one method that we
discussed in our report, which is a product that would give us 14 years
of warranty, yes, you are correct. It would require about 20
intersections to be painted every year at $25,000 per year per
intersection.
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CHAIRMAN NANCE: And currently what we have is we have
been purchasing galvanized infrastructure to which we've been adding
paint, or we've had paint upon, you know, delivery, so basically we're
painting galvanized structures, and we've had very mixed results with
the materials that we've been using; is that accurate?
MR. AHMAD: Well, what we purchased is slightly -- it's a
product that is slightly galvanized, if you will. It's not completely.
And we etch it so the paint can stick on them, and we paint them the
ivy green that you see out there.
CHAIRMAN NANCE: Right. But you're only getting a -- you're
not getting a really super duper performance, and it's very expensive to
do what we're doing.
MR. AHMAD: It's -- we're getting seven to 10 years life out of
these painted poles.
CHAIRMAN NANCE: Right. But this year we have $170,000
dedicated to it, but what it's really going to require is more to catch up;
am I right?
MR. AHMAD: Correct. What we -- the item that I mentioned is
we painted one intersection in 2013 with this new product that we
think has a lot of promise. The manufacturer has given us a 14-year
warranty. As a matter of fact, the intersection is Airport at --just north
of the airport at Enterprise, and it's looking really good. It's a coating
product that hopefully lasts long but, of course, we will have to
experiment with that and wait it out to see if that actually comes true.
CHAIRMAN NANCE: So your recommendation is to continue
to paint the painted poles that we currently have but, going forward, to
make use of primarily the brushed aluminum poles which are low
maintenance as far as the light poles are concerned?
MR. AHMAD: My recommendations are twofold. One for the
painted poles and mast arms that are out there --
CHAIRMAN NANCE: Yes.
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February 10, 2015
MR. AHMAD: -- we really have no choice.
CHAIRMAN NANCE: Yes.
MR. AHMAD: The only way we can remove the paint is to take
these mast arms, ship them to a factory, hot dip them, galvanize them,
bring them back.
CHAIRMAN NANCE: Not effective.
MR. AHMAD: That's not practical.
CHAIRMAN NANCE: Yes.
MR. AHMAD: So we are stuck with what we have.
CHAIRMAN NANCE: Yes.
MR. AHMAD: The choice before you today, though, is an
opportunity -- if you wish to continue this program as we modernize
these signals we go from span pole to mast arms or upgrade these. You
know, you have the choice on new installations not to paint at all or to
continue this policy of painting.
CHAIRMAN NANCE: Yes. Well, I believe that the wise -- at
looking around the county, if everybody will drive around and see
what the majority of the installations are, I believe that it's not
controversial to say that brushed aluminum streetlight poles that are no
maintenance are definitely the way to go instead of continuing to add
an inventory of painted streetlamp poles.
MR. AHMAD: This board had made that decision actually east
of 951 .
CHAIRMAN NANCE: Yes.
MR. AHMAD: You have an executive summary. We came
before you actually asking for that so we don't paint anything in the
Estates and east of 951 .
CHAIRMAN NANCE: I think that's a very good sustainable
policy going forward. Additionally, I would say that we need --
instead of having a strict policy, that we're going to go with painted
mast arms on any given intersection, we should assess the value of that
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February 10, 2015
colored product to the intersection. Because so many intersection I've
looked at, we have a very, very expensive mast arm surrounded by 20
wood poles, 30 concrete poles, 20 brushed aluminum poles, and others
painted different colors.
So I don't think that we're gaining what we think we might be
gaining by making this investment, and that would be my only
proposal to the board is that we start taking a look a little more
critically at where we're spending this money, because it is a titanic
expense.
Who's first?
COMMISSIONER FIALA: I'll ask a question, then.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: But we cannot mix what we already
have there. So what do we do as we replace poles but we can't replace
them with aluminum when they're -- the other ones in that same
intersection are already painted? How do you deal with that, then?
MR. AHMAD: Our recommendation in the report is we don't
recommend that you mix and match them.
COMMISSIONER FIALA: Right.
MR. AHMAD: If, say, a vehicle hit one of the mast arms, we
recommend that you replace it with a painted mast arm, but you have
the choice right now for all -- if we completely change all four mast
arms to, say, a four-way intersection, you have the choice to say, go
galvanized, and that's what we're seeking, actually, direction from you.
It's aesthetic. It's really -- that's all it is. It does give you some
protection for the poles.
COMMISSIONER FIALA: Let me finish asking the question
then. So if you say that the intersections, galvanized structures -- wait
a minute. Mixing existing painted traffic structures and galvanized
structures at the same intersection should be prohibited, then do you
really mean that if you have to replace something, you should replace
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all four at the same time?
MR. AHMAD: No. If we replace all four at the same time -- and
we do that about two, three intersections in the county a year -- for
those two or three intersections per year, you have the choice to tell us
don't paint them at all. All four mast arms come back with galvanized;
however, if one mast arm out of four gets damaged, we don't think you
should have aluminum next to green, ivy green mast arms.
COMMISSIONER FIALA: But you don't believe in changing
the other three there to match the galvanized?
MR. AHMAD: No. They're good. I mean, if they -- hopefully,
we catch up in painting those mast arms to a point where we can --
they're not a sore to Commissioner Nance and others. It is -- of course,
we pass over these budget years, and that's what you see out there.
Commissioner Fiala, no, we wouldn't replace the other three. We
would only replace that one that got hit, for example, and we would
paint it.
COMMISSIONER FIALA: Oh, I see. Okay. I just wanted to
understand. Okay. Thank you very much.
MR. AHMAD: You're welcome.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: I think it's extremely important that
we maintain the policy that we've had, that east (sic) of 951 we
continue to have the painted posts, and the reason being is we're not --
we're doing it, as you say, for aesthetics, but it's also very much part of
the attraction of the community. The beauty of the community is very
important as we promote it as a tourism destination.
I paid very close attention when I went to other parts of the state
observing the difference between painted and unpainted posts, and it
really does make a difference in the overall feel of the community; for
example, if you go in the City of Naples and you see what they have
there. So I think just maintaining the policy of being consistent east of
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951 leaving it as it is --
MR. AHMAD: West of 951 .
COMMISSIONER HILLER: Forgive me -- west of 951,
continuing it with what we have done. And the fact that you have
researched this and come up with a paint that will last 14 years which,
you know, should effectively reduce the cost overall since you're
amortizing it over a longer period of time, is the way to go.
And you should continuously research new products, and as
newer products come to market, you know, constantly upgrade to the
next best product to continue to extend the life as much as possible.
MR. OCHS: Mr. Chairman?
CHAIRMAN NANCE: Yes.
MR. OCHS: Just to get some clarification -- I don't want to
belabor this -- if I could draw the board's attention to the PowerPoint
slide.
With regard to streetlighting, the first recommendation, I just
want to make sure that that is the board's intent. We're saying that for
any new installation of a streetlight pole, regardless of where it is in the
county, it will be aluminum.
COMMISSIONER HILLER: I'd like to make a motion -- no. I'd
like to make a motion that we continue the policy that we have that
lights -- that streetlight poles west of 951 continue to be painted and
any others can -- and I would defer to the commissioners of those
districts. I mean, if they want to keep them galvanized, they can keep
them galvanized. If they would like to have them painted, they can be
painted.
But I think -- west of 951 I think it's very important to maintain
what we have maintained as our policy.
CHAIRMAN NANCE: Commissioner Hiller, the grand majority
of streetlight poles west of 951 are brushed aluminum, in fact. Very,
very few of them are painted. The only ones that are painted are on the
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flyover.
MR. AHMAD: I want to clarify a couple things. We have mast
arms for -- that hold signals, and then we also have streetlights that
hold the lights to the street, lighting to our roadways.
And the recommendation on top is for the signals, for the signal
mast arms is what you referred to.
COMMISSIONER HILLER: That's what I'm referring to.
MR. AHMAD: Streetlights -- we have very few streetlights,
actually, if you're interested in that --
COMMISSIONER HILLER: I mean, most the streetlights,
really, aren't they state, you know, like U.S. 41 and --
MR. OCHS: Most are aluminum now throughout the county.
MR. AHMAD: The signals that we have -- we have 207 signals
that we maintain, and about 80 percent of them are painted ivy green
that you see out there; 106 intersections are painted, and the condition
of that painting is what we can present.
We take a rating between one and five, and that's the rating; about
83 signals out there that are in great shape, but you also have signals
that are in very poor shape.
COMMISSIONER HILLER: Help me with this motion. In
effect, what I would like to propose is that -- not to confuse the
streetlighting versus the signal poles. So the streetlighting is
galvanized, so that's not a discussion.
MR. AHMAD: Actually aluminum. They come in aluminum.
MR. OCHS: Aluminum, right.
COMMISSIONER HILLER: Whatever. It's not part of the
discussion.
The motion is strictly limited to the poles that hold the signals at
the intersections. And with respect to that, all of those west of 951
have been painted.
MR. AHMAD: There are some out there that's not painted, but
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the majority, 80 percent of them, have been painted, yes.
COMMISSIONER HILLER: Are painted. So they should just
continue to be painted. And then with respect to the other side of 951,
that's up to the commissioners of those districts whether they would
like to have them galvanized or painted.
COMMISSIONER HENNING: Question. We're creating
different classes here --
COMMISSIONER HILLER: No.
COMMISSIONER HENNING: -- clearly. First you said we had
to continue our policy.
COMMISSIONER HILLER: Which I believe --
COMMISSIONER HENNING: We never had a policy on
painting mast arms. East and west, you know --
COMMISSIONER HILLER: I was told we did.
COMMISSIONER HENNING: Just because the majority of our
workforce lives east of Collier doesn't mean that you have to provide
different services.
COMMISSIONER HILLER: First of all --
CHAIRMAN NANCE: Wait. Commissioner Henning has the
floor here for a moment.
COMMISSIONER HILLER: No, I had not finished. It was my
floor and he interrupted, so excuse me.
Can you -- I was told by staff that we did have a policy, and it
was -- I was told by staff that the policy was that east of 951 they were
painting and west of-- I'm sorry. West of 951 they were painting and
east of 951 they were not. That's what I was told. And I'm relying on
the information they shared with me. It wasn't my -- yeah, go ahead.
MR. AHMAD: Let me clarify that.
Commissioner Henning, on February 12, 2013, we came with an
executive summary on consent, and in that we asked that -- it really
was related to Oil Well Road at the time because we were at that
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decision whether we paint the four signals for Oil Well Road that was
completed at the time -- paint them or not to paint them and to save
some money. And we came, we said, if you could ask -- if you could
help us establish a policy that we don't paint east of 951, and that
executive summary was approved.
COMMISSIONER HENNING: I stand corrected.
COMMISSIONER HILLER: And so my point again is, with
respect to the policy that was established in 2013, if it's the will of the
board to extend the painting east of 951, I would be supportive of it.
I'm not saying that we shouldn't. I'm saying that it's up to the
commissioners of that district, but I think that continuing the policy
that was adopted west of 951 as it was established is the right thing to
do with the emphasis that staff continues to look for the most
cost-effective way of painting these signal arms and with paint that has
the longest possible life to reduce the cost to the lowest possible level.
CHAIRMAN NANCE: Commissioner Henning, and then I'm
going to come back again.
COMMISSIONER FIALA: You're going to beat that thing to
death.
COMMISSIONER HENNING: Yeah, the -- looking at the
recommendations, continue painting the traffic signals or mast arms
and streetlight poles; however, if we replace the streetlight poles with
standard aluminum poles -- now, we're not talking about the mast
arms. We're just talking about the streetlights.
MR. AHMAD: Correct, sir.
COMMISSIONER HENNING: Okay. I don't see any reason
why we can't adopt staffs recommendation, and I'll make that motion
to approve.
COMMISSIONER HILLER: I made a motion. I already made a
motion.
COMMISSIONER HENNING: I know, but it wasn't seconded;
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that's why I'm making a motion.
CHAIRMAN NANCE: I will second it for discussion, but I
would like to just say a couple things. I will just say this: I have
critically ridden around -- first of all, I want to say I'm not an interior
decorator, but I will tell you this: You can ride around this community
and you can find mast arms going into gated communities where the
gated community has everything brown. And what do we do? We put
up a green mast arm because we're stuck on green mast arms.
You can go to another intersection where everything at that
intersection is gray. They're all brushed aluminum light poles. They're
all dark skies lighting. It's a gray world, and what do we put up? We
put up a green mast arm because somewhere, about 1994, somebody
decided that green was better than gray.
What I'm telling you is green is not better than gray. Green does
not look good in a gray world, okay. And that's what we're doing.
We're sticking up these gray mast arms -- these green mast arms at a
huge expense in places where it does not make things look nicer. You
may think it does, but it doesn't if you'll critically step back and take a
look. That's all I'm saying.
This idea that everything needs to be green everywhere is
inappropriate. And I'm sure if you asked some of these gated
communities they'd say, hey, yeah, you know what, we'd like gray or
we'd like brown or whatever because it fits with our gated entry here
where we've made everything earth tone. We'd love to have brown.
That's all I'm saying.
COMMISSIONER FIALA: Well, let's actually read the
recommendation that Commissioner Henning just referred to just so
that the public all knows what it says, because I happen to have it in
front of me, and that is, staffs recommendation for the county's policy
on the repainting existing painted traffic signal and streetlight pole
structures are all existing painted traffic signal and streetlight pole
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structures shall continue to be painted through an established
maintenance schedule subject to available funds. And as Jay Ahmad
pointed out before, you have to continue to paint them. You can't
galvanize them.
CHAIRMAN NANCE: That's true.
COMMISSIONER FIALA: Secondly, staff should continue to
research and test viable alternative products to the current paint and
use, getting a better paint product. Maybe boat paint or something, I
don't know. It holds up in water really well.
All new streetlight pole installations should be standard
aluminum poles, and I'll say that again. All streetlight pole
installations shall be standard aluminum poles, and only through board
approval may new painted streetlight poles be introduced -- introduced
into our streetlighting system and, finally, mixing of existing painted
traffic signal structures with galvanized structures at the same
intersection should be prohibited.
Finally, staff seeks direction from the board on whether all new
installations of traffic signal structures shall be galvan -- now, that's all
new, right, shall be galvanized.
And this is what Commissioner Hiller was referring to, or we
maintain a green color along 951 and west. And that's what you were
referring to, okay.
MR. AHMAD: Yes, ma'am.
COMMISSIONER FIALA: So, Commissioner Henning,
although he said follow staff recommendation, there is no
recommendation in that final thing. They're saying an either/or.
MR. OCHS: That's the area that we need final board direction on.
COMMISSIONER FIALA: Right. And that's what you were,
then, referring to.
COMMISSIONER HILLER: And that's what I was referring to,
so what I was --
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February 10, 2015
COMMISSIONER FIALA: Just so everybody's on the same
playing field.
COMMISSIONER HILLER: So what I was referring to is
maintaining what -- maintaining the board's policy as it was adopted in
February of 2013.
CHAIRMAN NANCE: Commissioner Henning, you made a
motion to approve?
COMMISSIONER HENNING: No, you seconded --
COMMISSIONER HILLER: Well, you didn't make a motion
because it was an "or."
COMMISSIONER HENNING: Okay. And then the last one,
keep the status quo on the policy that was adopted in 2013.
CHAIRMAN NANCE: Second. We have a motion and second.
Any further discussion?
COMMISSIONER FIALA: And the policy in 2014 (sic). Let me
just pull mine up here.
COMMISSIONER HENNING: 2014 (sic) was east.
MR. AHMAD: All intersections west of 951, including 951, to
be continued to be painted as they are today.
CHAIRMAN NANCE: Any further discussion?
(No response.)
CHAIRMAN NANCE: All those in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: 5-0. Item #11F
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February 10, 2015
Item #11F
A MEMORANDUM OF AGREEMENT BETWEEN THE
COLLIER COUNTY WATER-SEWER DISTRICT, THE SOLID
AND HAZARDOUS WASTE MANAGEMENT DEPARTMENT,
AND THE PARKS AND RECREATION DEPARTMENT
RELATED TO THE NORTHEAST FACILITIES LAND
ACQUISITION — APPROVED
MR. OCHS: Okay. That takes us to Item 11F, and that is a
recommendation to approve a memorandum of agreement between the
Collier County Water/Sewer District, Solid Hazardous Waste
Management division, and the parks and rec division related to
Northeast Facilities Land Acquisition.
Commissioners, Dr. Yilmaz is available to answer questions.
This is essentially a -- George, Commissioner Henning has a question,
I believe.
COMMISSIONER HENNING: A whole bunch of questions.
MR. OCHS: Oh, okay.
DR. YILMAZ: For the record, Dr. George Yilmaz, Public
Utilities Administrator.
Commissioners, we have a presentation to make. As county
manager indicated, if you have any questions, we're ready to answer.
CHAIRMAN NANCE: Commissioner Henning, why don't you
start the discussion.
COMMISSIONER HENNING: Yeah. Why does this have to be
done knowing that these lands are not going to be developed in your
case, George, for years and years? Why does this have to be done
now?
DR. YILMAZ: There are three pieces, if I might. The north
recycling center going through design and will bring before the board
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February 10, 2015
construction bid awards during the summer and try to get that
recycling center for our customer base in northeast --
COMMISSIONER HENNING: Okay.
DR. YILMAZ: -- early on. That takes care of the Solid and
Hazardous Waste Enterprise Fund aligned with Water/Sewer District
Funds.
And then we have the parks and rec's piece that we need to, not
only from accounting standpoint, but asset management standpoint, but
also planning standpoint, identify and clearly define boundaries of the
park.
And the rest of it is 100 percent engineered, designed, close to
$15 million investment we have made. That's a shovel-ready project.
And given the FDEP requirements, Commissioner, any other water
and/or wastewater reclamation facilities reaches 75 percent capacity,
FDEP and EPA requires us to have -- at least have the land, have the
construction drawings in place ready to be built at 70 or 60 percent.
That allows us having the contingency in place next five years to 10
years because of the fact that we're seeing 75 percent, if not some days
over, in our south water reclamation facility. And we're working on
the interconnect.
COMMISSIONER HENNING: The recycling center is 10 acres.
The one in North Naples is less than 5 acres, is that correct, the one on
Airport Road north? No, I'm sorry, Goodlette Road North. What size
is that?
DR. YILMAZ: Commissioner, I don't have the acreage, but your
assessment is right; it's a smaller site.
COMMISSIONER HENNING: Yeah. Why do we need such a
big site for -- I mean, twice the amount -- at least twice the amount as
they have it up in North Naples? That's something to consider.
The next thing, your water/sewer plant, is that to service the area
PUDs, Orangetree, Falling Waters, or Waterways? Is that why we're
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building it, or are we building it for the county?
DR. YILMAZ: We're building it for the county, Commissioner.
Totally integrated and interconnected. Regional facility.
COMMISSIONER HENNING: Okay. So you satisfied my one
concern.
And then the existing pond that is there, the rectangular pond,
obviously that is storage. Besides the lake was, obviously, a borrow pit
-- actually, both of them are borrow pits. Why can't that be used for
water storage for these facilities? Because I see throughout the
facilities we have water storage, stormwater storage.
DR. YILMAZ: Yes, Commissioner. And I got the intent, and
our county manager, six months ago, directed us to look into
stormwater optimization plan and water resource optimization plan in
that area, including land optimization plan by means of optimizing
stormwater system through centralized system. We might be able to
actually have a chance or opportunity to gain potential additional land
not only on the park site, but also other sites. So that Phase 2 scope of
work, as we speak, is being reviewed by the team.
COMMISSIONER HENNING: Okay, great, because my main
concern is that we're chewing up a lot of this land for -- well, you can
call it essential services; however, the park, which I thought was going
to be bigger, is under 60 acres.
So if we can utilize recapture space for, you know, stormwater
and allow the park to expand a little bit more, maybe we can get a
sports stadium out there. No, I'm just kidding. It would fit the needs
of families in that area with the park.
MR. OCHS: Commissioner, we're on the same page with you, sir
COMMISSIONER HENNING: Okay. That's great, thanks.
MR. OCHS: -- absolutely, and I know the chairman has
expressed the same desire out there to try to centralize the water
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February 10, 2015
management system, for lack of a better term, and reclaim some of
those on-site retention -- wet retention areas so we can develop that for
more park use.
COMMISSIONER HENNING: Yeah. The only thing I want
you to look at is the size of the recycling facility.
DR. YILMAZ: Got it. 10-4, Commissioner.
COMMISSIONER HENNING: I think it's too big.
DR. YILMAZ: And one reason you see -- I'm sorry.
CHAIRMAN NANCE: Commissioner Henning, I think I can
speak to your concern a little bit. I've actually taken a lot of time with
Dr. Yilmaz and his team looking at that, and I believe -- I would like
you to take a look at it, and I believe that you'll like the design that's
there, and let me tell you why. I believe that the sort of recycling
facility there is quite a bit different than the urban based one in
anticipation, because there are so many tradesmen and craftsmen and
agribusiness activities in that area that it was anticipated that it was
going to be a different -- a little different waste stream.
I believe that it's trimmed down pretty good, but it is actually also
built so that it is very easily and economically expandable by just
taking the building and continuing to push it out in a lineal fashion so
that as we build out the eastern part of the county, it will be able to take
maybe a little wider service area, rather than building another one, that
you'll be able to push it out with just a few additional feet.
COMMISSIONER HENNING: Well, I'll defer to you. You've
answered my questions and satisfied all my concerns.
COMMISSIONER TAYLOR: Move approval.
COMMISSIONER HENNING: Second.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yes.
Thank you, George. First of all, this is what everybody dreams of
is to have an empty palette and be able to paint the picture on it that is
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needed rather than be stuck with something and have to make do. So,
first of all, I think that's a wonderful opportunity. I'm glad to see that
you're working with Commissioner Nance. That makes it great,
because he knows his district better than anybody.
I wanted to know when we were going to be -- when the sale for
the Orangetree Utility will be finished so we can begin to take over
that area.
DR. YILMAZ: Commissioner, what I can share with you and
what I do know, currently we're going through a mediation under
litigation. I will defer any other specific questions to our county
attorney; however, we are on track. We're doing everything we can to
expedite the process.
COMMISSIONER FIALA: Okay. I'll just leave it at that. I don't
want to get into anything that's in mediation, so -- okay.
Thank you very much. That was my only question. And I like
the idea of the recycling plant. That's -- boy, those plants just get so
much attention. The residents love them.
So thank you for planning that out so well.
CHAIRMAN NANCE: Okay. Commissioners, we have a
motion and a second. Any further discussion on the item?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: (No verbal response.)
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: Unanimous passage.
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February 10, 2015
DR. YILMAZ: Thank you.
Item #11G
REAFFIRMING THE USE OF THE PREVIOUS AWARDED
INVITATION TO BID #14-6278RR "AQUATIC
MAINTENANCE SUPPORT SERVICES" WITH TRI-CITY
POOLS, INC. FOR SECTIONS A AND B PREVENTATIVE
MAINTENANCE WORK ONLY; APPROVE PURCHASE
ORDERS ISSUED FOR "ON -CALL" SERVICES THROUGH
JANUARY 31, 2015 TO TRI-CITY POOLS; AND PROCURE "ON-
CALL" MAINTENANCE REPAIR SERVICES UTILIZING THE
APPLICABLE QUOTATION AND FORMAL BID PROVISIONS
IN THE BOARD ADOPTED PURCHASING ORDINANCE -
MOTION TO GO OUT TO BID FOR MAINTENANCE/ON-CALL
REPAIRS WITH WAIVER OF IRREGULARITIES — APPROVED
MR. OCHS: Item 11G was previously Item 16D7 regarding
aquatic maintenance support services procurement, and the item was
moved to regular agenda at Commissioner Henning's request.
COMMISSIONER HENNING: Yeah. It was reported when this
was on the agenda that staff was going to work with the Clerk's Office
collaboratively and bring this back on the agenda; however, it didn't
report the objections of the Clerk's Office.
And the clerk still feels -- Crystal, stop me and correct me if I'm
wrong -- still feels that this should be gone on out to bid. That's
number one.
Number two, what the Clerk's Office found out is two providers
of materials for pools, Aquatic Star Pool Products doesn't have an
MSRP. The bigger one, Hayward Pool Products, which is a very large
supplier of pool pumps, motors, valves, chemicals, so on and so forth,
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February 10, 2015
do not supply MSRP to -- it only supplied it to their distributors and
not, you know, the stores that, you know, sell them retail.
Crystal, is that correct?
MS. KINZEL: Right, Commissioner. That's what we found.
Those are the originators. And part of the solicitation on the bid tab
made notation of the MSRP to validate the cost of the materials, and
that was part of the concern on the first -- well, the most recent board
agenda was the difference between the inspections section of that
solicitation and the labor and the parts, and we were able to do a little
more research on the parts costing.
COMMISSIONER HENNING: Yeah. And although close, it's
not what it appears, that TriCity Pool is the cheaper one. Besides the
fact the invitation to bid that TriCity received, on the criteria it said,
this award will not be split to the two firms, and now we're going out
piecemeal on a quote, in which Barry stood up there and said, you
know, we want a contract that we can depend on and go to instead of
having to go out on each of these projects.
So, in my opinion, the only thing that we can do is go out to bid
on the extra $80,000 and, you know, ask for the pricing, ask for the
labor, and bring it back to the board, and I make that motion.
COMMISSIONER TAYLOR: I'll second that.
CHAIRMAN NANCE: Any discussion?
COMMISSIONER FIALA: Where is Commissioner Hiller?
CHAIRMAN NANCE: She's departed, ma'am.
MR. OCHS: Just so I'm clear, we're rebidding just the on-call
service portion, Commissioner Henning, or do you want
COMMISSIONER HENNING: That's correct. The extra 80- -- I
mean, above and beyond 80-. Remember we allocated, I think,
157,000.
MR. OCHS: Well, I think what we did was we bid the inspection
and maintenance services --
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February 10, 2015
COMMISSIONER HENNING: Correct.
MR. OCHS: -- and then we had a separate on-call portion which
was based on labor and materials, yes, sir.
COMMISSIONER HENNING: Right.
MR. OCHS: Now -- and Ms. Kinzel will correct me, I'm sure, if
I'm misstating this, but my understanding was there was agreement
with the Clerk's Office on TriCity being the lowest responsive bidder
on the first part that is the inspection work?
MS. KINZEL: Leo, that did, but I do want to clarify on that in
looking at the invitation to bid, there was a direct statement that it
would not be separated and not be issued to two different vendors, so
that has subsequently concerned me. I think that's a legal reference
that we'd have to make sure based on the solicitation language that
bifurcating that Section 1 A and B and then the labor and materials
would not create some solicitation issue.
MR. OCHS: I'm not sure I know what that means.
MS. KINZEL: Okay. The first section was for the invitation,
which we were talking about, the 36 and the 27, okay. The additional
portion was the labor and the parts segment, which was the 109 versus
the 75, and the 7 percent versus the 20 percent discount.
It appeared that the first portion of that solicitation was cleaner in
that there was a very specific low bidder. The second portion was
where it appeared that that was not a part of the consideration for the
award and, in fact, there was some difference between both the MSRP
costing for the parts as well as the labor discrepancy where then the
selected vendor actually came in and reduced his bid.
We had talked with purchasing about, okay, this looks like the
low bidder. Maybe this second portion is what needs to be addressed.
And obviously a preference is for solicitation with competitive ability,
but then the invitation specifically says they're not going to split that
award of those items solicited. So that throws just a little legal angle
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on the solicitation.
MR. OCHS: And based on that, again, I'm asking the question, is
the board directing us to rebid the entire package or just the portion --
COMMISSIONER TAYLOR: The on-call.
MR. OCHS: -- of the on-call service? Because I'm hearing from
Ms. Kinzel she's found something in the original contract that may
prohibit that bifurcation; is that what you're suggesting?
MS. KINZEL: I don't know if it does. I'm not the legal person
with the solicitation, but I would have that question.
MR. OCHS: Okay. And the staff recommendation in the report
was that the -- in our view the best way to make sure you're getting the
lowest price is to go out and solicit quotations every time you have a
repair that you have to do.
COMMISSIONER HENNING: And you shouldn't have to do
that. It should be the contractor -- you already know the contractor's
pricing on the goods, and you already know its labor. The only hidden
part is how long it's going to take to install that part.
MR. OCHS: Yes, sir. And that's kind of how we got here,
because we did go out for contract for all of it. There was some
concern about the second -- the on-call portion, who actually was
lower, so we thought, to avoid that and get the lowest possible price,
we would just simply go out and quote the jobs each time with all the
interested suppliers or vendors, and that way we would make sure we
had the lowest quote for each job that came due.
COMMISSIONER HENNING: Jeff, I guess there's a question
about the way it was bidded out in what you're hearing. What shall we
do?
MR. KLATZKOW: You can waive the irregularities, if you
wish, as part of your motion.
COMMISSIONER HENNING: What have we done before?
MR. KLATZKOW: Or you can direct the county manager to
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rebid it, one of the two.
COMMISSIONER HENNING: Well, we -- here's my concern is,
you need the maintenance to continue.
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: So I don't think that we should
separate that out. Is that a problem with anybody? I think the -- you
know, the repair stuff-- the 80,000 was anticipating the maintenance;
is that correct? No?
COMMISSIONER TAYLOR: No.
MR. OCHS: No.
COMMISSIONER HENNING: What was the original one?
Was that just repair?
MS. MARKIEWICZ: Joanne Markiewicz, Collier County
Procurement Services.
We anticipated that the inspections and the repairs would both
total $80,000. That was our historical spend on repairs and
inspections. When we came in at 27,000 for TriCity for the inspection,
that is what Ms. Kinzel refers to as an apples-to-apples comparison.
And Jeff correct. I mean, the board -- we can ask the board to
waive the minor irregularity and award just the inspection and do
something else with the maintenance, the on-call services.
COMMISSIONER FIALA: Is there any prohibition about going
out for bid and getting the three lowest bidders for regular maintenance
and repair, and then you've got your three so if something happens you
can go to them?
MS. MARKIEWICZ: Commissioner, in fact, that's what the
recommendation is. According to your purchasing ordinance and your
purchasing policy, we could bid out these -- or quote out these
individual services when they come up. That would give us an
opportunity to work with different suppliers in the community and get
the overall lowest price for each particular job.
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February 10, 2015
COMMISSIONER TAYLOR: But it would be the top three. I'm
talking -- you wouldn't go to, you know, this store that just opened --
or this firm that just opened up last month. You would already have
the sources that you would -- you would access, understanding they've
already gone through the vetting process and --
MS. MARKIEWICZ: We've competed this particular service
contract three different times. So far we've netted two particular pool
service companies. There's a much broader market out there. And
what we've suggested is that you take the next six months, a year to
compete the smaller services with these different vendors, build the
relationship and the repertoire, and then compete it again in six months
to a year.
COMMISSIONER HENNING: Okay. The difference is it's not
a bid. It's a quote. In other words, we're not going to see those quotes.
A solicitation of bid and the award would be by the board.
And if you need a -- let's say you need a pool pump, a five-horse
pool pump to be replaced, or whatever it is, and the next day you need,
you know, a new filter, you're going to -- staff is going to have to go
out for a quote on those separate items, and that's what we were told,
we don't want to have to go out each time that we need a repair and get
a quote.
And if we go out for a bid to where you know which -- how much
that filter's going to be or how much that five-horse pump is going to
be -- you already know their labor rate or their -- you can include the
labor rate within the bid. No, we're going to get a better labor rate
because everybody knows their labor rate. It's much better to go out to
bid.
So my motion on -- is that on the inspection -- because I misstated
about maintenance. On the inspections, keep it as it is. On the
maintenance, go out to bid.
COMMISSIONER TAYLOR: And it would be an annual basis
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not to exceed?
MR. OCHS: Well, Commissioner --
COMMISSIONER HENNING: It could be a three-year. I don't
MR. OCHS: These are for repairs that we don't know when
they're going to occur. So what Commissioner Henning suggested is
what we've already done twice; we did bid out all of the components. I
don't know how we're going to do it differently the next time, because
COMMISSIONER HENNING: Well, you don't do it by MSRP,
because one of your biggest suppliers doesn't provide MSRP to its
users.
MR. OCHS: So the basis of the award is the labor rates that are
submitted?
COMMISSIONER HENNING: No. You give us a price on --
you have to have in inventory what you have at the parks pool system.
MR. OCHS: Right.
COMMISSIONER HENNING: Okay. So you take those,
itemize it out of each of the items and tell us to give us your best price
on these -- replacing these items, your parts cost.
MS. MARKIEWICZ: I'll remind the board that the quote process
results in a much more competitive process on a job-by-job basis. And
we're talking about repairs that range -- I think I mention that in the
executive summary -- typically, $1,000, $5,600; I pulled one for $550.
We're not sure which part is going to break and, therefore, we don't
have a portfolio of all the pieces, parts, valves, pumps, and motors that
we can compete.
COMMISSIONER HENNING: So you're going to go out and
quote those $500 repairs?
MS. MARKIEWICZ: Sir, we would use the board's purchasing
ordinance and policy as the guide. So for purchases under $3,000, we
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February 10, 2015
could get three quotes, or we could, if it's an emergency, go to the
quickest supplier who could fix the item.
COMMISSIONER HENNING: Well, my motion stands.
CHAIRMAN NANCE: You make a motion to approve?
COMMISSIONER HENNING: My motion was to direct staff to
go out to bid for the maintenance part of this.
COMMISSIONER FIALA: Not approve the recommendations
of the staff?
COMMISSIONER HENNING: No.
CHAIRMAN NANCE: And Commissioner Taylor had seconded
that; am I right?
COMMISSIONER TAYLOR: That's correct, yes.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yeah, I just wanted to ask. So what
you're saying is, no, do not take staff recommendation, right?
COMMISSIONER HENNING: Correct.
MR. OCHS: Commissioner Henning, you said go out to bid for
the maintenance. Did you mean the on-call repair services?
COMMISSIONER HENNING: Correct.
MR. OCHS: Yes, sir.
COMMISSIONER FIALA: So -- and we're talking about
emergencies, too, where --
MR. OCHS: No, emergencies you have another provision, if it's
a true emergency.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: No, that's fine.
CHAIRMAN NANCE: Okay. We have a motion and a second.
Any further discussion?
(No response.)
CHAIRMAN NANCE: All those in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
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February 10, 2015
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: (Absent.)
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Commissioner Fiala dissenting. It passes
3-1 .
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: That takes us to Item 15, staff and commission
general communications.
CHAIRMAN NANCE: General communications. Commissioner
Fiala, I'm going to help you hold up your flag at this moment.
COMMISSIONER FIALA: Oh, thank you. Thank you very
much.
CHAIRMAN NANCE: Since I told you I would.
COMMISSIONER FIALA: Yes, you did.
CHAIRMAN NANCE: Even though it's been up there a week,
and Goodland has never had so much publicity. So I don't know why
you want to do this, but I will hold the one side.
COMMISSIONER FIALA: I do, because I've never gotten to
say, this is the new flag for the Community of Goodland. Goodland is
an island. Can you see that better? In fact, it looks better this way, I
think.
And this was -- this was -- the artist that designed this, Sherry
Morrison, lives in Goodland as well, and I just wanted to show the
community that Goodland has a flag. That's it.
CHAIRMAN NANCE: There we have it.
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February 10, 2015
COMMISSIONER FIALA: Thank you.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: A couple of things. And I'm
sorry that Commissioner Hiller's not here. When I first came here, my
very first meeting, there was a proclamation, and I think Commissioner
Henning and I, according to procedures or policies on the commission,
sponsored it. And then afterwards I learned that Commissioner Hiller,
that Mary Ellen Hawkins actually swore her in, and I felt badly
because I thought, well, I mean, I didn't know that.
But -- so I guess where I'm going with this -- and then today, the
Wynn family, I photographed Annie Wynn, but it was sponsored by
Commissioner Hiller. And Peter Thomas is a dear friend of mine, but
it was sponsored by Commissioner Hiller, even though the commission
did it. So I'm wondering --
CHAIRMAN NANCE: She's very fast, ma'am. She's very, very
fast.
COMMISSIONER TAYLOR: I know.
COMMISSIONER HENNING: Do you want me to tell you how
to resolve that?
COMMISSIONER TAYLOR: Yes.
COMMISSIONER HENNING: When you have your one-on-one
with the county manager to review the agenda --
CHAIRMAN NANCE: You can add.
COMMISSIONER HENNING: -- you can add your name to it.
COMMISSIONER TAYLOR: Okay. But what if we just forget
about the personal things and make it from the Board of County
Commissioners, not that the person that introduces it shouldn't read it,
but what if we did it that way, because that's what I understood, it was
done that way.
COMMISSIONER HENNING: I'm okay -- I'm okay with that.
COMMISSIONER TAYLOR: That was the way it was.
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February 10, 2015
COMMISSIONER HENNING: Yeah. And I'm okay -- I'm okay
with that. It doesn't bother me one bit. Because you're right, it's the
board approving it --
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER HENNING: -- not one commissioner.
COMMISSIONER TAYLOR: Right. So, I mean, if we're okay,
let's -- can we -- do we need a motion on that?
COMMISSIONER HENNING: Just direction.
COMMISSIONER TAYLOR: Is there a consensus to do that?
CHAIRMAN NANCE: That's fine.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER HENNING: I agree.
CHAIRMAN NANCE: We'll do all proclamations from the
Board of County Commissioners then; is there a motion,
Commissioner Henning?
COMMISSIONER FIALA: No, I think that Commissioner
Taylor just made one.
COMMISSIONER TAYLOR: Well, if there is, I'll make the
motion.
CHAIRMAN NANCE: I will second it.
Any discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: (Absent.)
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: 4-0.
COMMISSIONER TAYLOR: Okay. Another one, okay. I'm
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February 10, 2015
very quick.
Okay. We talked about the -- oh, I'm sorry, the rural lands, the
wonderful, wonderful planning exercise we're going into, and I've
already spoke to staff, but I need an opinion of my colleagues.
The CRA plan for Bayshore is 15 years old. It needs to be --
needs a new outfit. I'm not saying it has to be changed, but I think it
needs some attention to it.
And I was told by Mr. Casalanguida that, not the rural lands, not
to interfere with that at all, but once that's done, he could fit it in. I'm
talking 12 to 18 months from now.
COMMISSIONER FIALA: This is why I wanted to see that we
have an executive director so -- right now that department has become
stagnant because we don't have anybody leading us --
COMMISSIONER TAYLOR: You've got me.
COMMISSIONER FIALA: -- and we need to --
COMMISSIONER TAYLOR: I'm passionate about it.
COMMISSIONER FIALA: And we need to have an executive
director again for that CRA to -- people that specialize. And there's a
specialty in CRAs -- who can actually motivate and do these things
who are completely and totally focused on just that. You and I, we
have plenty to do on here, and we can't just be totally focused on that
as much as we have a passion for it. And so I'm sure that if we can get
that passed, we should also definitely have an update on our CRA
bringing it up to present-day standards.
COMMISSIONER TAYLOR: Yeah. Well, Commissioner Fiala,
I've already gone to the CRA and suggested that they start a process by
which some extraordinary minds we have in this community come and
talk to them about this area, because it is the hot area for development,
so --
COMMISSIONER FIALA: And they also have many challenges
in that area.
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February 10, 2015
COMMISSIONER TAYLOR: Oh, yeah. So if that's -- if we're
okay with that, do I have agreement that -- yes?
COMMISSIONER HENNING: Did the CRA -- or the advisory
board voted on it? I'm just going by my mistakes in the past. I don't
want anybody else to make them.
COMMISSIONER TAYLOR: About putting in -- having an
update? Well, I figured it was 12 to 18 months from now, and there
was an opportunity. And I'm not asking for, I guess, a motion but
more consensus that there is some agreement up here, and then we can
go back to the CRA to see.
CHAIRMAN NANCE: Let the advisory board initiate it and
consider it and bring it forward.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER HENNING: There's another thing I want to
say on that. Jean Jourdan came from long-range planning. She may
have enough knowledge to initiate this herself and have the advisory
board, you know, push it up to us. So that's a consideration you might
want to speak to her about.
MR. OCHS: Commissioner Henning, to your point, sir, Ashley
Caserta, who's also a staff member, is a planner by profession, so we
have some ability in-house.
COMMISSIONER TAYLOR: They're excellent.
CHAIRMAN NANCE: Horsepower.
COMMISSIONER TAYLOR: And, again -- and I wasn't trying
to buy -- ignore the advisory board, but it was more to see if there was
an agreement, because it is a little different to say could we -- if there
was consensus. If not, we're looking way out there.
So I'm not asking, again, for you to stamp it, because it has to be
vetted at the advisory board level, but to see if there's some willingness
to have that happen. It's a little unusual.
COMMISSIONER HENNING: If there's a need, I'm all in favor
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February 10, 2015
of it.
COMMISSIONER TAYLOR: All right. Fifteen years is a long
time. Okay.
Big Corkscrew Park, do you know -- and I'm on the steering
committee of the blue zone -- they have planners. They would love to
sink their teeth into this park. And I understand from someone that
was here, is that there's been an RF -- not an RFP, but a bid has gone
out or a request with Stantec to look at it and update it. What if we
turned it to them?
CHAIRMAN NANCE: One of the things that's going to have to
be done in that area, Commissioner Taylor -- and I think we've talked
about this maybe a little bit on the dais, maybe not -- that whole
northeast services area needs to be master planned because there's so
much drainage involved, there's roads involved.
And Mr. Casalanguida's team, together with parks and rec, I think
they really have their head around it very well. Dr. Yilmaz, since he's
got most of the big infrastructure that's coming and with water and
reuse water and wastewater and recycle, they need to get their head
around that whole piece of property together with adjacent property
owners, including Waterways, including Estates to the north, and
including Ronto to the east, and the district school board to the south as
to how they're going to get all that drainage to work, how they're going
to get the roads to work.
And before we can really master plan the park, we have to figure
out exactly how much land we're going to end up with. And we really
don't know at this time how much land is available. I mean, I was very
passionate about it today because I simply wanted to keep whatever
land there was going to be, and I was -- maybe it was like another bald
guy fighting over a comb, I don't know. There might not be any land
left. We may need the lake as it is. I don't know.
But I believe we have a strategy, and I'm really looking forward
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February 10, 2015
to it. And, yes, we should engage everyone. Golden Gate Estates Area
Civic Association has really picked the ball up on that, and they're
running down the field. They're going to be very anxious to get with
parks and recreation to talk about the demographics, all the things that
they would like to see in the park, and then we're going to have to see
what actually fits in the place provided.
COMMISSIONER FIALA: And let me jump in and say, from
what I've been told and I understand, you are instrumental in making
these plans move forward, and you're never -- you're unrelenting, like a
dog with a bone. You're going to push this thing forward. So I think
we can rest assured that we don't have to worry about it.
CHAIRMAN NANCE: I'm going to be tenacious on this. And I
will say that I'm asking you now, because I want another set of plans to
all your pool work, okay, because I'm not going to pay another group
$250,000 for another pool design, because I'm going to use your pool
design. I'm going to let you pay --
COMMISSIONER FIALA: And I'm using the Golden Gate one.
CHAIRMAN NANCE: Okay. Well, that's fine. But, I mean, we
need to share assets in here. I don't want to go out there and create a
kidney-shaped pool in Golden Gate or something. The pool design we
have will be better than you need.
So I'd just like to thank all the commissioners --
COMMISSIONER FIALA: You see some harmony going here,
don't you, folks?
CHAIRMAN NANCE: -- all the commissioners for their
support. I'm very excited about this planning process. I really hope
that we can integrate everything we do. I've thought about this for a
very, very long time, and it's my pleasure to work on it together with
you.
And I don't have anything else.
Mr. Klatzkow, do you have anything, sir?
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February 10, 2015
MR. KLATZKOW: Just a housekeeping. During your
discussion on the farmers market, I was given this petition. Does the
board want to enter this into the record?
CHAIRMAN NANCE: Please, enter it into the record. Let's
have it.
MR. KLATZKOW: Can I have a motion? That's your ordinance.
CHAIRMAN NANCE: I move that we place the petition
delivered to the county manager (sic) under discussion of the market
item to be placed into the record.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: Any discussion?
(No response.)
CHAIRMAN NANCE: All those in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: (Absent.)
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Those opposed?
COMMISSIONER TAYLOR: I -- I'm sorry.
CHAIRMAN NANCE: I'm sorry, go ahead.
COMMISSIONER TAYLOR: No, no, no. That's fine. But I
wasn't finished yet. Just one more thing.
CHAIRMAN NANCE: Oh, okay.
COMMISSIONER TAYLOR: Just one more quick --
CHAIRMAN NANCE: I'm sorry. I co-opted your comments.
COMMISSIONER TAYLOR: No, no, you didn't. I'm as excited
as you are, and it's wonderful to see this.
The final thing is, is I'd like my colleagues to be thinking about
the roles of MSTBUs and advisory boards within Collier County
government, because I'm very confused. And if I'm confused, I know
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February 10, 2015
they are.
When can they operate on their own? When do they have to
come before us? And that's something I'd like to put on a future
agenda.
CHAIRMAN NANCE: The short answer is the MSTU boards
answer directly to the Board of County Commissioners.
COMMISSIONER TAYLOR: They're not -- they don't seem to
be doing that. They're doing things outside of it, so that's what I would
like to talk about.
COMMISSIONER HENNING: Yeah. There's statutes on those.
COMMISSIONER TAYLOR: Okay, all right. So then just
follow the rules, okay. Then maybe it doesn't go on the agenda.
Thank you.
CHAIRMAN NANCE: Commissioner Henning, any further
comments?
COMMISSIONER HENNING: Yes. Ladies, I -- knowing that
Valentine's Day is your day and it's all about you and not us --
COMMISSIONER FIALA: Yes.
COMMISSIONER HENNING: -- Commissioner Nance, I
promptly forgot your valentines at the house, so I'll deliver them in the
future. You know, it's some nice chocolate.
COMMISSIONER FIALA: Well, that's nice.
COMMISSIONER HENNING: And I didn't put any Ex-Lax in
any other commissioner's chocolate, okay? It's all sealed.
CHAIRMAN NANCE: Except this one?
COMMISSIONER HENNING: No, everybody, everybody. I
treat everybody the same.
COMMISSIONER FIALA: And talking about Valentine's Day,
Gail Nance, look at her. She's dressed as a valentine, even with the
heart and the red and everything.
CHAIRMAN NANCE: She's a sweet one.
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February 10, 2015
COMMISSIONER HENNING: So I'll try to deliver them
tomorrow, if not Thursday.
COMMISSIONER TAYLOR: Well, that's very nice. Thank you.
COMMISSIONER FIALA: Aw, that's so nice.
CHAIRMAN NANCE: Mr. Ochs, if you have any strength left,
sir, is there anything you'd like to relate to us?
MR. OCHS: Not at this moment, sir.
COMMISSIONER TAYLOR: Not at this moment.
CHAIRMAN NANCE: Just happy to be part of it at this point.
Well, hearing no other business for the good of the county, I can
entertain a motion to adjourn.
COMMISSIONER FIALA: Motion to adjourn.
COMMISSIONER TAYLOR: Second.
**** Commissioner Henning 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
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR VERONAWALK PHASE 4C-5 AND 4C-6,
PL20130000552, AND AUTHORIZE THE COUNTY MANAGER,
OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION
BOND IN THE AMOUNT OF $4,000 TO THE PROJECT
ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT —
FINAL INSPECTION WAS COMPLETED ON NOVEMBER 16,
2014 AND THE FACILITIES HAVE BEEN FOUND TO BE
SATISFACTORY
Item #16A2
Page 241
February 10, 2015
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR GASPAR STATION, PHASE 1, PL20130000666, AND
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER'S DESIGNATED AGENT - FINAL INSPECTION
WAS COMPLETED ON JULY 2, 2014 AND THE FACILITIES
HAVE BEEN FOUND TO BE SATISFACTORY
Item #16A3
FINAL ACCEPTANCE OF THE PRIVATELY OWNED UTILITY
FACILITY FOR NAPLES LAKE COUNTRY CLUB,
PL20130000663, AND AUTHORIZE THE COUNTY MANAGER,
OR HIS DESIGNEE, TO RELEASE A UTILITY PERFORMANCE
SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE
TOTAL AMOUNT OF $8,249.30 TO THE PROJECT ENGINEER
OR THE DEVELOPER'S DESIGNATED AGENT — FINAL
INSPECTION WAS CONDUCTED ON AUGUST 19, 2014
Item #16A4
AN EXTENSION OF FIVE YEARS FOR COMPLETION OF
SUBDIVISION IMPROVEMENTS ASSOCIATED WITH
ANDALUCIA (AR-6156) PURSUANT TO SECTION 10.02.05 C.2
OF THE COLLIER COUNTY LAND DEVELOPMENT CODE —
THE PROJECT TECHNICALLY EXPIRED ON FEBRUARY 1,
2011 BUT THE DEVELOPER WOULD LIKE TO WAIT UNTIL
CONSTRUCTION OF HOMES IS COMPLETE BEFORE
INSTALLING THE FINAL LIFT OF ASPHALT
Page 242
February 10, 2015
Item #16A5
RECORDING THE FINAL PLAT OF WINDWARD ISLE,
(APPLICATION NUMBER PL20140000741) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — THE DEVELOPER MUST
RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC
FACILITIES PRIOR TO THE ISSUANCE OF THE
CONSTRUCTION PLAN FINAL APPROVAL LETTER
Item #16A6
RECORDING THE MINOR FINAL PLAT OF WINDING
CYPRESS UNIT TWO, APPLICATION NUMBER
PL20140001878 — THE DEVELOPER MUST RECEIVE A
CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO
THE ISSUANCE OF THE FINAL APPROVAL LETTER
Item #16A7
ZONING MAP CHANGES AND SUPPORT DOCUMENTATION,
AND DIRECT THE CHAIRMAN TO SIGN THE OFFICIAL
ZONING MAPS — UPDATES ARE RELATED TO APPROVALS
OF THE BCC RELATED TO LAND USE PEITIONS AND PLATS,
THE HEARING EXAMINER'S OFFICE AND STAFF
IDENTIFIED MISCELLANEOUS CHANGES
Item #16A8
Page 243
February 10, 2015
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 236RDUE) REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST
OF WILSON BOULEVARD TO 20TH STREET EAST,
TOGETHER WITH ITS COMPANION EASEMENT
AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-
WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL
419RDUE) REQUIRED FOR THE EXPANSION OF GOLDEN
GATE BOULEVARD FROM 20TH STREET EAST TO DESOTO
BOULEVARD. PROJECT NO. 60040 (FISCAL IMPACT:
$25,100) — FOLIO #39207080001
Item #16A9
AWARD INVITATION TO BID (ITB) #15-6370, MOTOROLA
CENTRAL CONTROL IRRIGATION SUPPLIES AND SERVICES
TO CONTEMPORARY CONTROLS & COMMUNICATIONS,
INC — FOR MAINTEANCE SERVICES AND REPLACEMENT
PARTS FOR THE MANAGING OF LANDSCAPING
IMPROVEMENTS IN STATE/COUNTY ROAD RIGHT-OF-WAY
Item #16A10
THE LIST OF PROPOSED PROJECTS TO BE SUBMITTED FOR
THE FY 2016 BIG CYPRESS BASIN LOCAL PARTNERSHIP
GRANTS PROGRAM — FOR THE LASIP/WINGSOUTH
AIRPARK PROJECT, GOODLETTE-FRANK ROAD IQ MAIN
PROJECT AND PUBLIC UTILITIES PB SITE IQ WATER
STORAGE PROJECT
Page 244
February 10, 2015
Item #16A1 1
A QUOTE FROM THE CONSERVANCY OF SOUTHWEST
FLORIDA TO PROVIDE TWO (2) YEARS OF SHOREBIRD
MONITORING FOR FOUR (4) COLLIER COUNTY BEACH
RENOURISHMENT PROJECTS, AUTHORIZE THE COUNTY
MANAGER OR HIS DESIGNEE TO EXECUTE THE PURCHASE
ORDER FOR A NOT TO EXCEED AMOUNT OF $29,600, AND
MAKE A FINDING THAT THIS EXPENDITURE PROMOTES
TOURISM — SERVICES INCLUDE 20 SURVEYS ANNUALLY
PER LOCATION AND ANNUAL REPORTING PER LOCATION
TO SATISFY FDEP AND FWC PERMIT CONDITIONS
Item #16Al2
RESOLUTION 2015-25: ESTABLISHING THE GOLDEN GATE
WATERSHED IMPROVEMENT PROGRAM TECHNICAL
ADVISORY AD-HOC COMMITTEE FOR 12 MONTHS
Item #16A13
RELEASE OF A CODE ENFORCEMENT LIEN WITH A NET
ACCRUED VALUE OF $35,754.99, FOR PAYMENT OF $450, IN
THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. CARLOS I. HERNANDEZ AND
MARIA A. CARRANZA, CODE ENFORCEMENT BOARD CASE
NO. CEVR20100021320, RELATING TO PROPERTY LOCATED
AT 1855 42ND STREET SW, COLLIER COUNTY, FLORIDA —
VIOLATION FOR PROHIBITED VEGETATION ON THE
PROPERTY WHICH IMPEDED THE SIGHT DESIGN TRIANGLE
AND WAS BROUGHT INTO COMPLIANCE ON JUNE 19, 2012
Page 245
February 10, 2015
Item #16D1
EXECUTION OF THE GRANT AWARD FOR THE FEDERAL
TRANSIT ADMINISTRATION 49 U.S.C. § 5339 FY14 GRANT
AWARD IN THE AMOUNT OF $365,428 AND APPROPRIATE A
BUDGET AMENDMENT — FUNDS FOR THE IMPROVEMENTS
TO THE CAT ADMINISTRATION, OPERATIONS &
MAINTENANCE FACILITY AT 8300 RADIO ROAD
Item #16D2
A RELEASE ACKNOWLEDGING COMPLETION OF THE
REQUIREMENTS SET FORTH IN THE AGREEMENT
AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND
IMPOSING COVENANTS AND RESTRICTIONS ON REAL
PROPERTY FOR THE SOMERSET PALM APARTMENTS — THE
UNITS WERE REQUIRED TO BE RENTED UNDER SPECIFIED
GUIDELINES AND WERE MET AND CONCLUDED ON
DECEMBER 24, 2014
Item #16D3
A FEDERAL TRANSIT ADMINISTRATION SECTION 5310
GRANT AWARD IN THE AMOUNT OF $541,489, AUTHORIZE
THE NECESSARY BUDGET AMENDMENTS, AND APPROVE
THE PURCHASE OF FIVE PARATRANSIT VEHICLES AND
RADIOS USING THOSE FUNDS
Item #16D4
Page 246
February 10, 2015
SATISFACTION OF MORTGAGE DUE TO THE DEATH OF THE
PROPERTY OWNER IN ACCORDANCE WITH THE TERMS OF
THE PROMISSORY NOTE — PROPERTY LOCATED AT 603
BREEZEWOOD, IMMOKALEE
Item #16D5
FOUR DISASTER RECOVERY GRANT SIGNATURE
AUTHORITY FORMS FOR SUBMITTAL TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY — GRANT
#07DB-3 V-09-21-01-Z01, #08DB-D3-09-21-01-A03, #1 0DB-D4-09-
21-01-K09 AND #12DB-P5-09-21-01-K39
Item #16D6
A COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
CATEGORY "A" GRANT APPLICATION FOR BEACH PARK
FACILITIES IN THE AMOUNT OF $600,000 TO UPGRADE AND
EXPAND THE NAPLES PIER RESTROOMS, AUTHORIZE THE
CHAIRMAN TO EXECUTE THE NECESSARY GRANT
AGREEMENT, AND TO MAKE THE FINDING THAT THE
PROJECT PROMOTES TOURISM
Item #16D7 — Moved to Item #11G
(Per Commissioner Henning during Agenda Changes)
Item #16E1
RATIFY PROPERTY, CASUALTY, WORKERS'
COMPENSATION AND SUBROGATION CLAIM FILES
SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT
Page 247
February 10, 2015
DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE
FIRST QUARTER OF FY 15
Item #16E2
RESOLUTION 2015-26: AUTHORIZING THE REMOVAL OF
7,102 AMBULANCE SERVICE ACCOUNTS AND THEIR
RESPECTIVE UNCOLLECTIBLE ACCOUNTS RECEIVABLE
BALANCES WHICH TOTAL $5,510,345.36, FROM THE
ACCOUNTS RECEIVABLE OF COLLIER COUNTY FUND 490
(EMERGENCY MEDICAL SERVICES) FINDING DILIGENT
EFFORTS TO COLLECT HAVE BEEN EXHAUSTED AND
PROVED UNSUCCESSFUL
Item #16E3
A LEASE AGREEMENT WITH INTERFAITH ACTION OF
SOUTHWEST FLORIDA, INC. TO UTILIZE A LOCATION ON A
COUNTY-OWNED COMMUNICATIONS TOWER IN
IMMOKALEE — PROPERTY LOCATED AT 312 STOCKADE
ROAD
Item #16E4
A MEMORANDUM OF UNDERSTANDING BETWEEN
COLLIER COUNTY AND THE COLLIER EMS/FIRE
BARGAINING UNIT, SOUTHWEST FLORIDA PROFESSIONAL
FIREFIGHTERS LOCAL 1826, INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS, INCORPORATED —
REVISIONS TO THE CURRENT WAGES AND INCENTIVE
PROGRAM
Page 248
February 10, 2015
Item #16E5
STAFF-APPROVED CHANGE ORDERS AND CHANGES TO
WORK ORDERS — COVERING THE PERIOD OF DECEMBER
17, 2014 TO JANUARY 22, 2015
Item #16E6
THE SUBMITTAL OF A VOLUNTEER FIRE ASSISTANCE
GRANT APPLICATION IN THE AMOUNT OF $2,100 TO
PURCHASE CLASS A FOAM FOR THE OCHOPEE FIRE
CONTROL DISTRICT (COUNTY MATCH $1,050)
Item #16E7
THE COUNTY ATTORNEY TO ADVERTISE AN ORDINANCE
CREATING THE FIDDLERS CREEK MUNICIPAL RESCUE
AND FIRE SERVICES MSTU AND AN AMENDMENT TO THE
ISLES OF CAPRI FIRE AND RESCUE SERVICES MSTU TO
REMOVE THE FIDDLERS CREEK AREA FROM WITHIN THE
MSTU
Item #16F1
AN ASSIGNMENT OF IMPACT FEE CREDITS IN THE
AMOUNT OF $15,215.84 HELD BY THE FIRST
CONGREGATIONAL CHURCH FOR RIGHT OF WAY THAT
WAS CONVEYED TO THE COUNTY PER RESOLUTION #08-
335 — AS DETAILED IN THE EXECUTIVE SUMMARY
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February 10, 2015
Item #16F2
RESOLUTION 2015-27: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2014-15 ADOPTED
BUDGET
Item #16F3 — Continued to the February 24, 2015 BCC Meeting
(Per Agenda Change Sheet)
A LEASE AGREEMENT WITH KRAFT OFFICE CENTER LLC
FOR DEDICATED OFFICE SPACE TO HOUSE THE COUNTY'S
SOFT LANDING BUSINESS ACCELERATOR PROGRAM
Item #16F4
AUTHORIZING THE ADVERTISEMENT OF AN ORDINANCE
FOR FUTURE CONSIDERATION WHICH WOULD AMEND
ORDINANCE NO. 2013-40, THE "COLLIER COUNTY
ADMINISTRATOR'S ORDINANCE." — TO RETITLE THE
CURRENT DIVISION AND DEPARTMENT STRUCTURE TO
ACHIEVE TECHNICAL CONFORMANCE WITH FLORIDA
STATUTE
Item #16F5
MODIFICATIONS TO THE 2015 FISCAL YEAR
CLASSIFICATION PLAN MADE TO THE CLASSIFICATION
TITLES OF ADMINISTRATORS AND DIRECTORS —
RATIFYING TITLE CHANGES TO 38 CLASSIFICATION
SPECIFICATIONS
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February 10, 2015
Item #16H1
RESOLUTION 2015-28: APPOINTING THOMAS D. MCCANN
TO THE COASTAL ADVISORY COMMITTEE FOR THE
REMAINING TERM EXPIRING ON MAY 22, 2015 FOLLOWED
BY A FULL TERM TO EXPIRE MAY 22, 2019
Item #16H2
RESOLUTION 2015-29: REAPPOINTING ROBERT P. MEISTER,
III TO THE CONTRACTORS LICENSING BOARD WITH TERM
EXPIRING ON FEBRUARY 28, 2018
Item #16H3
RESOLUTION 2015-30: REAPPOINTING ROBERT F.
KAUFMAN, GERALD J. LEFEBVRE, JAMES E. LAVINSKI AND
APPOINTING RONALD A. KEZESKE TO THE CODE
ENFORCEMENT BOARD WITH TERMS EXPIRING ON
FEBRUARY 14, 2018
Item #16H4
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE SOUTHWEST FLORIDA
BUSINESS LEADERS LUNCHEON ON FEBRUARY 6, 2015.
THE SUM OF $35 TO BE PAID FROM COMMISSIONER
FIALA'S TRAVEL BUDGET — HELD AT THE HILTON NAPLES,
5111 TAMIAMI TRAIL NORTH
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February 10, 2015
Item #16H5 — Moved to Item #10C (Per Agenda Change Sheet)
Item #16H6
DECLARING THE ATTENDANCE BY COMMISSIONER(S)
AND STAFF AT THE FLORIDA ASSOCIATION OF COUNTIES
LEGISLATIVE DAY CONFERENCE, MARCH 25-27, 2015, TO
BE A VALID PUBLIC PURPOSE — HELD IN TALLAHASSEE
Item #16J1
A BUDGET AMENDMENT IN THE AMOUNT OF $250,000
FROM THE CLERK'S COURT AGENCY FUND 651 TO THE
SHERIFF FOR CRIMINAL JUSTICE TRAINING AND
EDUCATIONAL EXPENSES IN ACCORDANCE WITH
SECTION 938.15, FLORIDA STATUTES — ALLOWING
SUPPORT PERSONNEL TO ATTEND CRIMINAL JUSTICE
WORKSHOPS, MEETINGS, CONFERENCES AND
CONVENTIONS
Item #16J2
BOARD DECLARATION OF EXPENDITURES SERVING A
VALID PUBLIC PURPOSE AND APPROVAL OF
DISBURSEMENTS FOR THE PERIOD OF JANUARY 22, 2015
THROUGH JANUARY 28, 2015
Item #16J3
BOARD DECLARATION OF EXPENDITURES SERVING A
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February 10, 2015
VALID PUBLIC PURPOSE AND APPROVAL OF
DISBURSEMENTS FOR THE PERIOD OF JANUARY 29, 2015
THROUGH FEBRUARY 4, 2015
Item #16K1
AUTHORIZING THE COUNTY ATTORNEY TO FILE A
LAWSUIT ON BEHALF OF THE COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS AGAINST F & H ELECTRICAL
CONTRACTORS, INC., D/B/A F & H CONTRACTORS AND
FLORIDA POWER & LIGHT (FPL) FOR $17,378.43 IN
DAMAGES INCURRED WHEN THEY BREACHED AN 8"
FORCE MAIN OWNED BY THE COUNTY — FOR DAMAGES
THAT OCCURRED ON JUNE 5, 2014
Item #16K2
RETENTION OF JOSEPH ROLES AND ASSOCIATES, INC.,
FOR EXPERT WITNESS LITIGATION SUPPORT SERVICES
FOR LASIP PROJECT NO. 51101 - CREWS, COPE, SANDY
LANE IN AN AMOUNT NOT TO EXCEED $30,000. FISCAL
IMPACT $30,000 - FOR ANALYSIS OF
STORMWATER/DRAINAGE IMPACTS TO INDIVIDUAL
PARCELS, PREPARATION OF REPORTS AND EXHIBITS,
EXPERT TESTIMONY AND OTHER LITIGATION SUPPORT AS
MAY BE REQUIRED
Item #16K3
THE HIRING OF CHARLES S. STRATTON, P.A. TO ACT AS
MEDIATOR IN THE EMINENT DOMAIN CASE STYLED
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February 10, 2015
COLLIER COUNTY V. RTG, LLC., ET AL., CASE NO. 13-CA-
259, IN ORDER TO CONDUCT MEDIATION REGARDING
FULL COMPENSATION OWED ABC LIQUORS FOR THE
TAKING OF PARCELS REQUIRED FOR THE US 41/CR 951
INTERSECTION PROJECT
Item #17A
ORDINANCE 2015-13: THE HENDERSON CREEK MIXED USE
SUBDISTRICT/MIXED USE ACTIVITY CENTER (#18)
SUBDISTRICT SMALL-SCALE AMENDMENT TO THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, FOR TRANSMITTAL TO
THE FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY. (ADOPTION HEARING)
(PL20140000534/CPSS-2014-3) [COMPANION TO PETITION
PUDA-PL20140000477] THIS IS A COMPANION TO ITEM #17B
Item #17B
ORDINANCE 2015-14: AMENDING ORDINANCE NUMBER
2008-50 WHICH ESTABLISHED THE TAMIAMI CROSSING
COMMERCIAL PLANNED UNIT DEVELOPMENT TO RETAIN
THE DENSITY OF 235,000 SQUARE FEET OF COMMERCIAL
USES; TO REPLACE EXHIBIT C-1 MASTER PLAN FOR LARGE
FORMAT RETAIL AND EXHIBIT C-2 MASTER PLAN B FOR
MULTI-TENANT RETAILERS WITH EXHIBIT C, A NEW
MASTER PLAN; TO REVISE DEVELOPMENT STANDARDS
INCLUDING AN ACTUAL HEIGHT INCREASE FROM 40 TO 50
FEET AND A ZONED HEIGHT INCREASE FROM 35 TO 45
FEET; TO ADD DEVIATIONS REGARDING DIRECTORY
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February 10, 2015
SIGNS; AND TO MODIFY AND DELETE DEVELOPMENT
COMMITMENTS. THE SUBJECT PROPERTY IS LOCATED ON
THE SOUTHEAST QUADRANT OF US 41 AND COLLIER
BOULEVARD IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
24.5± ACRES; AND BY PROVIDING AN EFFECTIVE DATE
(PETITION NUMBER PUDA-PL20140000477). THIS IS A
COMPANION TO ITEM #17A
Item #17C
RESOLUTION 2015-31 : PETITION VAC-PL20140002499 TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN A PORTION OF VETERANS
MEMORIAL BOULEVARD RIGHT-OF-WAY DESCRIBED IN
OFFICIAL RECORD BOOK 4829, PAGES 355 THROUGH 357 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED IN SECTION 7, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA
Item #17D
ORDINANCE 2015-15: AMENDING ORDINANCE NO. 2002-38,
"THE COLLIER COUNTY REDEVELOPMENT GRANT
PROGRAM ORDINANCE," TO ADD A COMMERCIAL SWEAT
EQUITY GRANT PROGRAM FOR THE IMMOKALEE
COMMUNITY REDEVELOPMENT AREA
Item #17E
ORDINANCE 2015-16: AMENDING THE CONSERVATION
Page 255
February 10, 2015
COLLIER ORDINANCE 2002-63, AS AMENDED, TO MODIFY
THE NUMBER OF MEMBERS ON THE CONSERVATION
COLLIER LAND ACQUISITION ADVISORY COMMITTEE
(CCLAAC) DURING TIMES WHEN ACTIVE ACQUISITION IS
NOT OCCURRING FROM NINE TO SEVEN AND THE
QUORUM REQUIREMENTS FROM FIVE TO FOUR MEMBERS
Item #17F
ORDINANCE 2015-17: AMENDING CHAPTER 74 OF THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
WHICH IS THE COLLIER COUNTY CONSOLIDATED IMPACT
FEE ORDINANCE, PROVIDING FOR THE INCORPORATION
BY REFERENCE OF THREE IMPACT FEE STUDIES;
AMENDING THE ROAD IMPACT FEE RATE SCHEDULE,
WHICH IS SCHEDULE ONE OF APPENDIX A, THE WATER
AND WASTEWATER IMPACT FEE RATE SCHEDULE, WHICH
IS SCHEDULE TWO OF APPENDIX A, AND THE
CORRECTIONAL FACILITIES IMPACT FEE RATE SCHEDULE,
WHICH IS SCHEDULE FOUR OF APPENDIX A; PROVIDING
FOR UPDATES TO DEFINITIONS FOR COMPLIANCE WITH
THE UPDATE STUDIES AND METHODOLOGY; PROVIDING
THAT IMPACT FEES ARE ASSESSED USING THE RATES IN
EFFECT (1) WHEN THE BUILDING PERMIT APPLICATION IS
SUBMITTED, OR (2) AT THE TIME OF THE ISSUANCE OF A
CERTIFICATE OF OCCUPANCY OR CERTIFICATE OF
COMPLETION FOR THE DEVELOPMENT, WHICHEVER IS
LESS; CORRECTING A DATE USED FOR TERMS OF
DEFERRALS; AMENDING PROVISIONS RELATED TO THE
IMPOSITION OF WATER AND WASTEWATER IMPACT FEES
TO COMPLY WITH THE STUDY AND METHODOLOGY
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February 10, 2015
UPDATES; AND PROVIDING FOR AN EFFECTIVE DATE OF
FEBRUARY 17, 2015 FOR ALL RATE CATEGORIES THAT ARE
DECREASING AND A DELAYED EFFECTIVE DATE OF MAY
11, 2015 FOR ALL RATE CATEGORIES THAT ARE
INCREASING, IN ACCORDANCE WITH THE 90-DAY NOTICE
REQUIREMENTS SET FORTH IN SECTION 163.31801(3)(D),
FLORIDA STATUTES
Item #17G
STAFF RECOMMENDS THIS ITEM BE CONTINUED TO THE
FEBRUARY 24, 2015 BCC MEETING. RECOMMENDATION
TO ADOPT AN ORDINANCE AMENDING ORDINANCE NO.
89-11, REMOVING "KEY ISLAND" FROM THE ATTACHED
LIST OF BARRIER ISLANDS TO PROVIDE CONSISTENT
ENFORCEMENT OF ACTIVITIES ON KEY ISLAND
Page 257
February 10, 2015
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 5:49 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
/
TIM NANCE, CHAIRMAN
ATTEST
DWIGHT E. B3ROCK, CLERK
Attest as to Chairman's
signature only.
These min es approved by the Board on 3 ) i a/ i S , as presented
t
or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY TERRI LEWIS, COURT
REPORTER AND NOTARY PUBLIC.
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