BCC Minutes 09/10/2003 RSeptember 1 O, 2003
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, September 10, 2003
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:
Tom Henning
Jim Coletta
Fred Coyle
Donna Fiala
Frank Halas
ALSO PRESENT: Jim Mudd, County Administrator
David C. Weigel, County Attorney
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
September 9, 2003
9:00 a.m.
Tom Henning, Chairman, District 3
Donna Fiala, Vice-Chair, District 1
Frank Halas, Commissioner, District 2
Fred W. Coyle, Commissioner, District 4
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY
MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ~
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL,
BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED
TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH
THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS
DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS
AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY
MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE
HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED
A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES
UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN
ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST
TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE
COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301
EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE
COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1
September 9, 2003
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Richard D. Ringenwald, Moorings Presbyterian Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary agenda.)
B. July 29, 2003- Regular
C. July 31, 2003 - Value Adjustment Board Organizational Meeting
3. SERVICE AWARDS
Twenty-Year Attendee
1) Joanne Soprano, Library
4. PROCLAMATIONS
A. Proclamation to designate September 22, 2003 as Family Day. There are~ho
representatives to accept this proclamation.
Proclamation to bring awareness to the Leukemia & Lymphoma Society by
designating the Month of September 2003, as Leukemia and Lymphoma
Awareness Month. To be accepted by Nancy B. Fessenden, Ph.D., Patient
Services Manager.
Proclamation to designate September 15 through 19, 2003 as Industry
Appreciation Week. To be accepted by Tammie Nemecek, Executive Director
of the Economic Development Council and Fred Pezeshkan, Chairman of the
Economic Development Council.
D. Proclamation recognizing Dr. Charles A. Stokes for his outstanding spirit of
civic mindedness and his contributions to the community.
5. PRESENTATIONS
Recommendation to recognize Pamela Wilson, Administrative Assistant,
Traffic Operations and ATM Department, as Employee of the Month for August
2003.
6. PUBLIC PETITIONS
A. Public Petition request by Mr. Adam Mackey regarding proposed Traffic Light
at the Regent Park entrance on Immokalee Road.
7. BOARD OF ZONING APPEALS
Continued from the July 29, 2003 BCC Meeting. This item requires that all
participants be sworn in and ex parte disclosure be provided by Commission
members. VA-2002-AR-2525 Robert Davy and Mark Allen, representing Little
2
September 9, 2003
Hickory Shores Unit 3 Re-Plat Property Owners, requesting a 15-foot variance
from the required boathouse sideyard setbacks of 15 feet to 0 feet and a 30-
foot variance from the 20-foot maximum protrUsion for a boathouse to a
maximum of 50 feet, for property located in the Hickory Shores Subdivision,
Lots 1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 22, Block G; and
Lots 3, 4, 5, 6, 7, 8, 9, and 10, Block H, in Section 5, Township 48 south, Range
25 east, Collier County, Florida.
This item requires that all participants be sworn in and ex parte disclosure bc
provided by Commission members. CU-2002-AR-3485, Terry Kepple, of
Kepple Engineering, representing Patricia J. Ryan, requesting Conditional Use
"11" to allow a kiosk adjacent to the parking lot in the C-5 zoning district for a
food vendor. The property to be considered for the conditional use is located
at the Estey-Air Plaza, 1253 Airport Road South, located at the corner of
Airport Road and Estey Avenue, in Section 1, Township 50 south, Range 25
east, Collier County, Florida. This property consists of 0.97+ acres.
8. ADVERTISED PUBLIC HEARINGS
This item to be heard after 10:00 a.m. This item requires that all participants
be sworn in and ex parte disclosure be provided by Commission membe{'s.
Petition DRI-02-AR-2358, Robert Mulhere of RWA Inc., representing Parklands
Development L.P., requesting an amendment to the Parklands Development of
Regional Impact (DRI), to allow for a conversion in the mixture of multi-family
and single family uses while retaining the currently approved residential uses;
adding an additional 9 holes of golf for a total of 27 holes; establishing a
"Road Construction Agreement" with Collier County for the extension of
Logan Boulevard; revising the environmental commitments to include wetland
preservation and flow-way improvements for property located at the northeast
corner of the Logan Boulevard Extension and the future east/west Livingston
Road Right-of-Way and approximately two miles north of Immokalee Road
(CR-846), in Section 9, Township 48 south, Range 26 east, Collier County,
Florida.
This item to be heard after 10:00 a.m. This item requires that all participant.~.
be sworn in and ex parte disclosure be provided by Commission members
Petition PUDZ-02-AR-2357, Robert Mulhere of RWA Inc., representing
Parklands Developments L.P., requesting a "PUD" to "PUD" (Planned Unit
Development) rezone for the purpose of revising the Parklands PUD
document and master plan to allow for a conversion in the mixture of multi-
family and single family uses while retaining the currently approved
residential uses; adding an additional 9 holes of golf for a total of 27 holes;
establishing a "Road Construction Agreement" with Collier County for the
extension of Logan Boulevard; revising the environmental commitments to
include wetland preservation and flow-way improvements for property located
at the northeast corner of the Logan Boulevard Extension and the future
east/west Livingston Road Right-of-Way and approximately two miles north of
Immokalee Road (CR-846), in Section 9, Township 48 south, Range 26 east,
Collier County, Florida.
3
September 9, 2003
Continued from the July 29, 2003 BCC Meetinq. Approval of Items 17A and
17B are continqent upon the approval of this item. Petition No. CPSS-2003-1,
a small-scale growth management plan amendment (future land use element)
to expand the boundaries of Activity Center #16.
This item requires that all participants be sworn in and ex parte disclosure bc
provided by Commission members. Petition CCSL-2001-51AR-1922, Brett
Moore of Humiston and Moore Engineering, representing the Vanderbilt
Beach Motel; requesting a variance from the Coastal Construction Setback
Line (CCSL) to allow construction of a multi-story residential building, a
parking structure, two swimming pools with extensive paver decking, and a
wooden boardwalk connecting to a handicapped beach access ramp all of
which are located on property known as the Vanderbilt Beach Motel with a
street address of 9225 Gulfshore Drive North in an area generally known as
Vanderbilt Beach and more particularly described as Lot 4, Block A, Conners
Vanderbilt Beach Estates Unit No. 1, located in Section 32, Township 48
south, Range 25 east, Collier County, Florida.
This item to be heard after 2:00 p.m Recommendation to approve commercial
excavation Permit No. 59.814-1 "Golden Gate Quarry", located in Section 21,
Township 49 south, Range 27 east; bounded on the north by the existing
quarry operation, and on the west, south and east by land zoned Agricultural-
A (ST/WS4).
Public Hearing for the 2002 Cycle of Growth Management Plan Amendments.
(Adoption Hearing)
Adoption of a resolution applying the annual mid-cycle year indexing
adjustments to amend the road impact fee rate schedule, which is Schedule
One of Appendix A of Chapter 74 of the Collier County Code of Laws and
Ordinances (Collier County Consolidated Impact Fee Ordinance No. 2001-13,
as amended); providing for a delayed effective date.
This item to be heard after 3:00 p.m. Continued from the July 29, 2003 BCC
Meetinq. Adoption of an ordinance amending Chapter 74 of the Collier
County Code of Laws and Ordinances, as amended by Ordinance No. 2001-13,
the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended,
by establishing a deferral program for the Immokalee area to reduce the
economic effects of increased impact fee rates.
This item to be heard after 3:00 p.m Approve an ordinance to be known as
the Fee Payment Assistance Ordinance; approve an associated budget
amendment for $1,500,000; establish a fee payment assistance program
available to eligible businesses to mitigate the economic effects of increased
impact fee rates.
This item to be heard after 3:00 p.m. Approve an ordinance to be known as
the Advanced Broadband Infrastructure Investment Ordinance, establishing
an advanced broadband infrastructure investment program available to
eligible businesses to encourage private sector investment in advanced
broadband infrastructure.
4
September 9, 2003
This item to be heard after 3:00 p.m. Approve an ordinance to be known as
the Job Creation Investment Ordinance; approve an associated budget
amendment for $500,000; establish the job creation Investment program
available to eligible businesses to mitigate the economic effects of increased
development fees and relocation or expansion costs.
This item to be heard after 3:00 p.m. Approve an ordinance to be known as
the Property Tax Stimulus Ordinance; establish a property tax stimulus
program available to eligible businesses to mitigate the economic effects of
increased relocation and expansion costs.
9. BOARD OF COUNTY COMMISSIONERS
A. This item has been deleted.
B. Appointment of member to the Development Services Advisory Committee.
C. Appointment of members to the Contractors' Licensing Board.
D. Appointment of member to the 1-75 Golden Gate Parkway Ad Hoc Advisory
Committee.
E. Appointment of members to the BayshorelGateway Triangle Local
Redevelopment Advisory Board.
F. Appointment of members to the Collier County Planning Commission.
G. Appointment of member to the Collier County Airport Authority.
H. Appointment of members to the Emergency Medical Services Advisory
Council.
J.
K.
L.
Appointment of member to the Hispanic Affairs Advisory Board.
Appointment of Commissioner to serve on the County Canvassing Board.
Appointment of members to the Black Affairs Advisory Board.
Discussion of proposed amendment to the County's Vehicle
Ordinance regulating taxicabs. (Commissioner Henning)
10. 'COUNTY MANAGER'S REPORT
For Hire
Board of County Commissioners actinq as the Community Redevelopmenl
A.qencv. Recommendation that the Community Redevelopment Agency (CRA)
carefully analyze the four funding options and recommend to the Board of
County Commissioners the amount of funding that should be allocated from
Fund 186 (Immokalee Redevelopment) and Fund 187 (BayshorelGateway
Redevelopment) towards the funding of one and three quarters (1 & %) full-
time employees (FTEs) for FY03/04 necessary for facilitating the
Redevelopment Incentives Program. (Joseph K. Schmitt, Community
Development)
5
September 9, 2003
aw
Approve funding in the amount of $98,000 for'the creation of a Non-Profit
Housing Development Corporation (HDC). (Joseph K. Schmitt, Administrator,
Community Development)
Approve Developer Contribution Agreement with G.L. Homes of Naples
Associates, Ltd. as developer for road impact credits ($344,250) in exchange
for the land dedication to the County's Transportation Network. All rights to
developer under the Developer Contribution Agreement are subject to
developer complying with all conditions of the Agreement imposed by the
County. (Norman Feder, Administrator, Transportation Services)
Consideration to support the Southwest Florida Resource and Conservation
and Development (SWFRC&D) Council's Application for Resource
Conservation and Development Program Assistance after hearing a
presentation by a SWFRC&D Representative. (Joseph K. Schmitt,
Administrator, Community Development)
Item to be heard prior to Items 8A and 8B' Request that the Board of County
Commissioners approve donation agreements and accept warranty dee, ds
from Olde Cypress Development, Ltd., for Olde Cypress Unit One, Tract R-3,
Tract O and a portion of Tract R-1 for the purpose of future right-of-way to be
known as Logan Boulevard North and to approve a landscape maintenance
agreement with Olde Cypress Development. (Norman Feder, Administrator,
Transportation Services)
Recommend that the Board of County Commissioners authorize staff to
negotiate agreements between the agency for Health Care Administration and
Naples Community Hospital for participation in the Upper Payment Limit
Program for services provided on behalf of Human Services Department,
County Health Department, and David Lawrence Center to generate an
additional $537,197 in federal matching funds. (John Dunnuck, Administrator,
Public Services)
Authorize an additional $163,900 to spray for mosquitos outside of the Collier
Mosquito Control District for the remainder of the rainy season because of the
medical alert by the Florida Department of Health. (John Dunnuck,
Administrator, Public Services)
11.
H. Award a Construction Contract in the amount of $5,920,319.69 to Better Roads
Inc., and allocate $590,000.00 (10% of the construction cost) for contingency
purposes to construct the Golden Gate Parkway Six Lane Improvement
Project, from Livingston Road to Santa Barbara Boulevard, Project No. 60027,
Bid No. 03-3552. (Norman Feder, Administrator, Transportation Services)
PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
6
September 9, 2003
Item to be heard at 1:00 p.m. To discuss with the Board of County
Commissioners the Clerk of the Circuit Court assisting the State Attorney's
Office with white-collar crime cases.
14. AIRPORT AUTHORITY
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. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Approve an agreement to accept a 100% reimbursable Caribbean
Conservation Corporation Grant in the amount of $6,000.
2) Approve the settlement agreement relative to a Code Enforcement Lien
imposed on property located on 275 Singletary Street, Copeland, Florida,
and upon payment authorize the execution and recording of a Satisfaction
of Lien.
3) Establishment of a program to provide assistance to affordable housing
rental developments.
4) Final acceptance of water and sewer utility facilities for North Naples
United Methodist Church.
s)
Request to grant final acceptance of the roadway (private), drainage,
water and sewer improvements for the final plat of "Indigo Lakes Unit
One".
6)
Request to grant final acceptance of the roadway (private), drainage,
water and sewer improvements for the final plat of "Indigo Lakes Unit
Three".
7)
8)
Request to grant final acceptance of the roadway (private), drainage,
water and sewer improvements for the final plat of "Pebblebrooke Lakes".
Request to grant final acceptance of the roadway (private), drainage,
water and sewer improvements for the final plat of "Pebblebrooke Lakes
Phase 2".
9)
Request to grant final acceptance of the roadway (private), drainage,
water and sewer improvements for the final plat of "Pebblebrook Lakes
Phase 3".
7
September 9, 2003
10)
Approve a TDC Category "A" Tourism Agreement with the City of Naples
for the Lowdermilk Park Parking Lot Reconstruction/Restoration in the
amount of $375,000.
11) Approval of the Satisfaction of Liens for Code Enforcement Board Case
No. 2002-013; 2003-018; and 2001-014.
12)
Lien Resolutions-Code Enforcement Case Numbers:
2003010033/Licimaco Ramirez; 2002060250/Lizzie Holmes Glover;
2003041306/Abraham J. and Dotty Moses; 20030413051Abraham J. and
Dotty Moses; 20030413041Abraham J. and Dotty Moses;
20030413031Macquerira, Mercy; 20030508231Buitrago, Alvaro;
20030309391Gomez, Jesus; 2002120974/Wisniewski, Leonard;
20030108621Smentek, Karen L.; 2002120433/Melendez, Miranda;
20021209671Lewis Tr., Evelyn G; 21073003091Family Storage Inc.,
20030112241Baur, Guy E. and Diane; 20030107721Joyce Et al, Wallace
Landon; and 2002110465/Aurora Bros.
13)
Ratify County Manager authorization to change the allocation of expenses
in Tourism Agreement with the City of Naples for the July 4th 2003
Celebration.
B. TRANSPORTATION SERVICES
1)
To obtain retroactive Board approval of wording change to the amended
Interlocal Agreement with the City of Naples extending the current
distribution of the local option gas taxes revenues until December 31
2003. '
2)
To address a neighborhood association generated request that the Collier
County Board of County Commissioners (CCBCC) approve the
establishment of a Neighborhood Traffic Management Program
(NTMP)/Traffic Calming Project via the adoption of Traffic Management
Petition Number 03-02, for the area of Estey Avenue, Pine Street and
Brookside Drive from Shadowlawn Drive to Davis BoulevardlSR 84 for a
total cost of $16,000.
3) Award a construction contract in the amount of $702,930.45 to Apac-
Southwest Inc., and allocate $70,000 (10% of the construction cost) for
contingency and budget purposes to construct the proposed Davis
Boulevard/Collier Boulevard Intersection, Project No. 60170.
4) Approve Work Order No. BOC-FT-03-03 with Bonness Inc., for intersection
improvements in the amount of $165,716.46 on Golden Gate Parkway and
Coronado Parkway Intersection, Project No. 66065.
5) Approve the Joint Participation Agreement between Collier County and
Sprint-Florida, Incorporated for construction of underground utilities for
the Golden Gate Parkway Six Lane Improvement Project No. 60027.
6) To address a neighborhood association generated request that the Collier
County Board of County Commissioners (CCBCC) approve the
establishment of a Neighborhood Traffic Management Program
8
, September 9, 2003
(NTMP)/Traffic Calming Project via the adoption of Traffic Management
Petition Number 03-01, for River Reach Drive from River Reach Way West
approximately 3,200 feet.
7)
Award Contracts 03-3480 "Fixed Term Professional Environmental
Consulting Services" (estimated dollar amount of contract not to exceed
$500,000 annually per firm).
8)
9)
Recommendation to award Annual Bid #03-3510-"Jack and Bore and
Directional Bore Operations" to Cabana Construction, Inc. and American
Boring and Trenching, Inc., for the approximate amount of $30,000.
Approve a Work Order No. KCS-FT-03-01 in the amount of $197,934 for the
construction engineering and inspections services by KCCS for the Davis
Boulevard/Collier Boulevard Intersection Improvements, Project No.
60170, RFP No. 00-3184.
lO)
Recommendation to award Bid #03-3483-to NR Contractors for the
construction of equipment noise barrier wall at the Davis Boulevard
Maintenance Facility approximate amount of $409,981.68 and include
additional engineering work and a contingency in the amount of $51,1~00
for a total amount of $460,981.68.
C. PUBLIC UTILITIES
1) Award of Bid #03-3544 - Annual Contract for Sale of Baled Corrugated
and White Goods".
2)
Request a budget amendment to transfer funds between Stake and
Locate, Wastewater Treatment Plant-lmmokalee Road, Reuse, Wastewater
Labs, Collections, and South County Wastewater Treatment Plant in the
amount of $203,000.
3)
4)
S)
Recommendation that the Board of County Commissioners adopt
resolutions approving the preliminary assessment as the final
assessment rolls and adopting same as the non-ad valorem assessment
rolls for purposes of utilizing the uniform method of collection pursuant
to Section 197.3632, Florida Statutes, for Solid Waste Districts No. 1 and
2, Municipal Service Benefit Units Special Assessment levied against
certain residential properties within the Unincorporated Area of Collier
County pursuant to Collier County Ordinance. 90-30, as amended.
Revenues are anticipated to be $11,333,641.
Accept Right-of-Entry Agreement with Olde Florida Golf Club, Inc., related
to improvements needed to control unauthorized vehicular access to the
County's North Hawthorn Wellfield along a South Florida Water
Management District (SFWMD) Canal Easement, Project 70094
Approve Amendment 1 to Work Order GH-FT-02-3 with Greeley and
Hansen LLC, for the South County Regional Water Treatment Plant
Reverse Osmosis Wellfield Expansion to 20-MGD, Project 70892, in the
amount of $91,910.
9
September 9, 2003
6)
Approve a budget amendment to transfer funds in the amount of $300,000
received from the South Florida Water Management District (SFWMD)
Grant Contract C-13978 for brackish water' supply wells for the South
County Regional Water Treatment Plant (SCRWTP) Reverse Osmosis
Expansion, Project 70054.
7)
Accept utility and temporary construction easements for construction of
Phase II of the sewer interconnect project to redirect flow between the
North and South County Sewer Systems at a cost not to exceed $7,500
(Project No. 73076).
8) Approve Change Order to Golden Gate Wellfield Reliability Improvement
Contract 02-3348 in the deduct amount of $160,968, Project 70066.
9)
Approve the purchase and installation of one (1) two (2) ton bridge crane
in the amount of $26,055 from Crane Equipment and Service Inc., Bid #03-
3533.
10)
Request for the Board of County Commissioners to approve proposed
Change Order No. 2 with United Engineering Corporation for the South
County Water Treatment Plant Expansion (Bid No. 01-3194) in the amo~lnt
of $457,528.09, Project 70054.
D. PUBLIC SERVICES
1)
Approve a request to applY for a Florida Recreation Development
Assistance Program Grant in the amount of $200,000 for development of
North Naples Regional Park.
2) Approve a purchase in an amount not to exceed $75,000 for skate park
ramps from Bliss Products, Inc.
3) Approve budget amendments recognizing $4,000 revenue from donations
for memorial benches.
E. ADMINISTRATIVE SERVICES
1) Adopt a resolution approving a revised policy for the operation of Lake
Trafford Memorial Gardens Cemetery.
2)
Request adoption of a resolution authorizing cancellation of ad valorem
taxes due on property recently acquired by the County for Copeland
Panther Neighborhood Park.
3)
Approve a budget amendment to appropriate security special service
revenues totaling $13,000 for reimbursement of personnel expenses in
Fiscal Year 2003.
4) Report and ratify staff-approved change orders to Board-approved
contracts.
F. COUNTY MANAGER
10
September 9, 2003
1)
Summary of Consent and Emergency Agenda Items approved by the
County Manager during the Board of County Commissioners' scheduled
recess.
2)
Approve a corrected agreement accepting a matching (75~25) grant from
the Florida Department of Community Affairs to revise and update the
Collier County Local Mitigation Strategy.
3)
Approve Agreement #04CP-11.09-21-01-023 between the State of Florida,
Department of Community Affairs and Collier County, Florida in the
amount of $9,118 for the preparation of hazards analyses reports for
thirty-eight facilities within Collier County.
4)
Approve an agreement between the State of Florida, Department of
Community Affairs and Collier County, Florida accepting $9,257 in
matching funds (75125) for shelter enhancement to Corkscrew Middle
School.
5) To adopt a resolution approving amendments (appropriating grants,
donations, contributions or Insurance proceeds) to the Fiscal Year 2002-
03 adopted budget.
6) Authorizing an Inter-fund loan from General Fund Reserves to the Isles of
Capri Operating Budget.
AIRPORT AUTHORITY
BOARD OF COUNTY COMMISSIONERS
1) Commissioner Coletta's request for approval for payment to attend
NAACP Freedom Fund Banquet.
2) Commissioner Coletta's request for approval for payment to attend
Leadership Collier Kick Off In Honor of the Class of 2004.
3) Commissioner Henning's request for approval for payment to attend
NAACP Freedom Fund Banquet.
4)
5)
Commissioner Coletta's request for approval for payment to attend the
EDC 20t~ Annual Excellence in Industry Awards Luncheon.
Commissioner Fiala's request for approval for payment to attend NAACP
Freedom Fund Banquet.
6) Commissioner Halas' request for approval for payment to attend the EDC
20th Annual Excellence in Industry Awards Luncheon.
MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
11
September 9, 2003
1)
That the Board of County Commissioners ratify the payment of sales tax
to the Florida Department of Revenue related to the lease arrangement
with Subway Real Estate Corporation, for the' Subway and Dunkin' Donuts
located on the Campus.
2)
That the Board of County Commissioners make a determination of
whether the purchases of goods and services documented in the Detailed
Report of Open Purchase Orders serve a valid public purpose and
authorize the expenditure of County funds to satisfy said purchases.
Detailed report from July 19 throu~lh August 1, 2003 and is on display in
the County Manager's Office, 2"a Floor, W. Harmon Turner Building,
Collier County Government Center, Naples, FL.
3)
4)
That the Board of County Commissioners make a determination of
whether the purchases of goods and services documented in the Detailed
Report of Open Purchase Orders serve a valid public purpose and
authorize the expenditure of County funds to satisfy said purchases.
Detailed report from August 2 through August 15, 2003 and is on display
in the County Manager's Office, 2"° Floor, W. Harmon Turner Building,
Collier County Government Center, Naples, FL.
That the Board of County Commissioners make a determination of
whether the purchases of goods and services documented in the Detailed
Report of Open Purchase Orders serve a valid public purpose and
authorize the expenditure of County funds to satisfy said purchases.
Detailed report from August 1'6 through 22, 2003 and is on display in the
County Manager's Office, 2nd Floor, W. Harmon Turner Building, Collier
County Government Center, Naples, FL.
5) Authorize the Supervisor of Elections to accept Voter Education Funds
with a 15% matching contribution.
K. COUNTY ATTORNEY
1)
2)
3).
4)
Authorize the making of an Offer of Judgment to Respondents, William J.
Conran and Pamela J. Conran, for Parcel No. 192 in the amount of $62,000
in the Lawsuit styled Collier County v. G JR of Naples Inc., et al, Case No.
02-2212-CA (Immokalee Road Project #60018).
Approve the Offer of Judgment relative to the Fee Simple Acquisition of
Parcel 180 in the Lawsuit styled Collier County v. Big Corkscrew Fire
District, et al, Case No. 02-2218-CA (Immokalee Road Project #60018).
Authorize the making of an Offer of Judgment to Respondent, G JR of
Naples, Inc., for Parcel No. 188 in the amount of $40,000 in the Lawsuit
styled Collier County v. G JR of Naples Inc., et al, Case No. 02-2212.CA
(Immokalee Road Project #60018).
Approve the Offer of Judgment relative to the Fee Simple Acquisition of
Parcels 178A and 178B in the Lawsuit styled Collier County v. Roberto
Bollt, et al, Case No. 02-2217-CA (Immokalee Road Project #60018).
12
September 9, 2003
17.
5) Board approval of a resolution calling for an election to fill vacancies on
the Naples Heritage Community Development District.
6) Board approval of a resolution calling for an election to fill vacancies on
the Heritage Greens Community Development District.
7)
That the Board of County Commissioners, as the Governing Body of
Collier County and as Ex-Officio Governing Board of the Isles of Capri
Municipal Rescue and Fire Services Taxing District and the Ochopee Fire
District enter into amended interlocal agreements with independent fire
districts for the purpose of implementing the duties and obligations of the
various dependent and independent fire districts with respect to fire plan
review and fire code inspections for new construction, construction
proJects and existing structures within the various districts.
8) Approve Special Master Agreements for Value Adjustment Board
Hearings for Tax Year 2003.
SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS
AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR
APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL
BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING
AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY
PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD,
PRIOR TO THE COMMENCEMENT OF'THE BCC MEETING ON WHICH THE ITEMS
ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO
SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE
QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
Continued from the July 29, 2003 BCC Meeting. This item requires that all
participants be sworn in and ex parte disclosure be provided by Commission
members. The approval of this item is contingent upon the approval of Item
8C. PUDZ-2003-AR-3151, Wayne Arnold and Richard Yovanovich representing
Richard Santerre requesting a rezone from C-3 and RMF-6 to "PUD" Planned
Unit Development known as the Miller Square PUD. This project will consist
of 19,000 square feet or less of retail and office commercial uses, located at
the northeast corner of U.S. 41 East and Shadowlawn Drive, in Section 11,
Township 50 south, Range 25 east, Collier County, Florida, consisting of 1.9+
acres.
This item requires that all participants be sworn in and ex parte disclosure
provided by Commission members. The approval of this item is contin,qent
upon the approval of Item 8C. Petition AVPLAT2002-AR3175 to vacate a
portion of the twelve foot wide alley and to vacate a portion of those areas
labeled "Reserved for Easement 3.0 Ft." and "Reserved for Easement 1.5 Ft.
on Each Side" in Block "E" as shown on the plat of "Shadowlawn at Naples,"
as recorded in Plat Book 1, Page 37, Public Records of Collier County, Florida,
and to accept a 24 foot wide relocation alley over a portion of said Block "E",
located in Section 11, Township 50 south, Range 25 east.
13
September 9, 2003
Approve the County's Community Development Block Grant Program Year
2002-2003 Consolidated Annual Performance and Evaluation Report (CAPER)
as required by the U.S. Department of Housing and Urban Development (HUD)
for the Community Development Block Grant (CDBG) Program, and authorize
the Board of County Commissioner's Chairman to certify the CAPER for
submission to HUD. (CAPER draft documented currently available at all
Collier County Public Libraries, at the Public Information Desk and in the FAH
Department office for public comment period through August 25, 2003. Final
CAPER document will be submitted before September 1, 2003)
A resolution to expand the geographic boundaries of the Collier County
Water-Sewer District to incorporate areas within the Rural Fringe Mixed Use
District and to delete one area served by the Florida Government Utility
Authority (in the Golden Gate Area).
This item requires that all participants be sworn in and ex parte disclosure b~
provided by Commission members. PUDZ-2002-AR-2863, Karen Bishop, of
PMS Inc. of Naples, representing John A. Pulling Jr., and Lucy G. Finch,
requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit
Development to be known as Longvlew Center PUD for a maximum of 15
residential dwelling units, a maximum of 73,000 square feet of mixed retail apd
service uses and a maximum of 70,000 square feet of medical and/or general
office space for property located at the northeast and southeast corners of
Airport-Pulling Road and Orange Blossom Road, in Section 1, Township 49
south, Range 25 east, Collier County, Florida, consisting of 14.73+ acres.
Fm
This item requires that all participants be sworn in and ex parte disclosure bo
provided by Commission members. PUDEX-2003-AR-4325 J. Gary Butler, of
Butler Engineering Inc., representing Teryl H. Brzeski and Samuel
Hubschman, Trustees, requesting a 2-year extension to the Pine Ridge
Corners PUD, pursuant to LDC Section 2.7.3.4.6, for a 4.22+ acre tract located
on the north side of Pine Ridge Road, 1/6+ mile east of Whippoorwill Lane,
further described as Tract 77, Unit 35, Golden Gate Estates, as recorded in
Plat Book 7, Page 85, in Section 7, Township 49 south, Range 26 east, of
Collier County, Florida.
This item requires that all participants be sworn in and ex parte disclosure bc
provided by Commission members PUDEX-2003-AR-4383 Terrance Kepple,
of Kepple Engineering Inc., representing JTM Corporate Plaza, Ltd., Antonio
and Carmen Briceno, and Velma and Charles Bland, requesting a two-year
extension of the Jacaranda Center PUD per LDC Section 2.7.3.4.6. Property is
located at the northeast corner of the Golden Gate Parkway and 55th Street
S.W. intersection, more particularly described as Lots 28, 29, 30 and 31, Block
219, Golden Gate Subdivision Unit 6, in Section 28, Township 49 south, Range
26 east, Collier County, Florida, consisting of 1.5+ acres.
Adopt a resolution amending the effluent irrigation user rates, which is
Schedule Three of Appendix A to Section Four of the Collier County
Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform
Billing, Operating and Regulatory Standards Ordinance.
Adopt a resolution amending Schedule Two of Appendix A of Chapter 74 of
the Collier County Code of Laws and Ordinances, as amended, the same
14
September 9, 2003
being the Collier County Consolidated Impact Fee Ordinances, authorizing a
change in methodology for the assessment of non-residential water and
wastewater impact fees based on Equivalent Residential Connections (ERC).
Adopt a resolution repealing Resolution No. 2003-240 and amending
Resolution No. 2002-141 and adopt a resolution confirming the preliminary
assessment roll for the Price Street-Barefoot Williams Road Special
Assessment District has been prepared as a final roll and adopting same for
the purpose of utilizing the ad-valorem tax collection method, Project Number
70077.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE
TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
15
September 9, 2003
September 10, 2003
CHAIRMAN HENNING: Call the meeting of the Board of
County Commissioners to order, back from recess from last night.
Have a seat, ladies. Thank you for being here. County Manager,
where are we at with today's proceedings?
Item #8F
ORDINANCE 2003-44 TRANSMITTING AMENDMENTS TO
DCA- ADOPTED; PUBLIC HEARING FOR THE 2002 CYCLE
OF GROWTH MANAGEMENT PLAN AMENDMENTS
(ADOPTION HEARING): CP-2002-1 - APPROVED, CP-2002-3 -
APPROVED, CP-2002-4 - APPROVED, CP-2002-5 - APPROVED,
CPSP-2002-6- APPROVED W/CHANGES, CPSP-2002-7-
APPROVED W/CHANGES, CPSP-2002-8- APPROVED, CPSP-
2002-9- APPROVED W/CHANGES, CPSP-2002-10-
APPROVED W/CHANGES. AND CPSP-2002-11 - APPROVFD
MR. MUDD: Commissioner, we will continue with Item 8(F),
and that is a public hearing for the 2002 Cycle of the Growth
Management Plan Amendments, and Mr. David Weeks will be the
presenter.
CHAIRMAN HENNING: Mr. Weeks?
MR. WEEKS: Good morning, Commissioners. Staff will try to
be as brief as possible on these. I want to give a very brief overview
of the amendments, and then we'll go into the presentation of each
individual petition.
There's a total of ten, four of which are public -- excuse me,
submitted by the private sector, and six are staff initiated, but despite
the fact that there are ten, I think we'll be pretty brief.
By the way, I am David Weeks of the Comprehensive Planning
staff, for the record.
This is the adoption hearing. You have seen these amendments
Page 2
September 10, 2003
before at the transmittal hearing. We received from the Florida
Department of Community Affairs their ORC report, objections,
recommendations, and comments.
The DCA had no objections, and they offered no
recommendations or comments. Accordingly, unless we make
substantial changes to these amendments, we would fully expect that
they will find the amendments to be in compliance with State statute,
the reason being their basis for a noncompliance finding would be an
objection, and they had none. So again, if we make no changes, we
should be in good shape -- no significant changes.
This being an adoption hearing, you are taking a final action.
The next step after you adopt the amendments is to send them back
to the Florida Department of Community Affairs for their compliance
finding, and then there's a challenge period in which an affected
party has the opportunity to file a challenge to a compliance finding,
and once that 21-day time period passes, if there is no challenge,
these amendments will then become effective. And for most of
these, they are providing some framework for development
parameters, so you will subsequently be seeing for many of these
items rezone petitions that will implement or utilize the
comprehensive plan provisions.
This is a legislative action, not quasi-judicial, so you are not
required to swear in participants or offer notice of ex parte
communications.
Also need to put on the record, as always, that there is a sign-up
sheet out on the table in the hallway. This is a courtesy information
sign-up sheet. For any person filling this out, they are supposed to
receive a notice from the Florida Department of Community Affairs
when they issue their notice of intent to find the adopted amendments
in compliance or not in compliance.
The Planning Commission heard these items on August 21 of
this year at their hearing. Their recommendations as well as staffs
Page 3
September 10, 2003
will be presented as we go through each individual petition.
Finally, the last comment is, we will be using the thick binders
that you have been provided. If you use your executive summary
packet, it will be out of sync because this has all the details and the
latest version of all the documents. As you know, these are very
thick and much too cumbersome to include all this information in
your executive summary packets.
We would ask that you leave these binders with Sue Filson or
someone else of your staff, and we'll pick those up later today. We'd
like to reuse these by sending them up to the Florida Department of
Community Affairs and the other agencies that will review these
amendments.
And right inside the first tab should be your executive summary,
and I'll just briefly mention that for these amendments, for the private
sector amendments there is no fiscal impact involved. For the public
sector, that is, those initiated by the county, the fiscal impact is going
to be staff resources necessary to, in some cases, prepare
amendments to the Land Development Code to further implement
these amendments.
There are no particular environmental issues or historical or
archaeological impacts as a result of these amendments, though
again, for many of these amendments, there will be subsequent
rezone petitions, and as you know, they go through the normal
review process of environmental protection standards and so forth,
both by the county review staff as well as, where appropriate, state
and federal agencies.
Mr. Chairman and Commissioners, with that, unless there's any
questions, we'll go right into the first petition and have each staff
member --
CHAIRMAN HENNING: Any questions from the board
members? Please proceed.
MR. WEEKS: The first petition is one by the public sector, so
Page 4
September 10, 2003
as per your protocol, the Petitioner will go first.
MR. YOVANOVICH: Good morning, Commissioners. For the
record, Rich Yovanovich.
This petition is for a comp plan amendment for some property
located on the east side of 951, just north of Rattlesnake Hammock
extension. We have resolved, I believe, all issues with staff
regarding making sure there's appropriate caps on the uses within the
property, as well as incorporating all the changes recommended by
the planning commission. I'm sorry, I'm a little winded, I've been
rushing here. I wasn't planning on being here this morning.
CHAIRMAN HENNING: Mr. Yovanovich, can you tell us the
petition number?
MR. MUDD: Rich, you take a breath and I'll read the petition
for you. I think that's what we need to do. MR. YOVANOVICH: Okay.
MR. MUDD: Petition CP-2002-1. Karen Bishop of PMS, Inc.
of Naples representing John D. and Dora B -- Dora A. McMullen
requesting an amendment to the future land use element and future
land use map series to expand the northeast quadrant of Activity
Center Number 7 by 18.5 plus or minus acres to allow 185,000
square feet of certain specified commercial uses for property located
one quarter mile east of Collier Boulevard, which is County Road
951, and on the north side of the road leading to swamp buggy
grounds opposite Rattlesnake Hammock Road, County Road 864, in
Section 14, T50S, R26 east. And the coordinator is Jean Jourdan.
MR. YOVANOVICH: Thank you. All better now.
This is the property that's located between the existing activity
center and the sports park, and what we requested was to add about
19 acres to the activity center with limited uses, so it wouldn't be
retail use, it's going to be an office/business park similar to what is
down at Horseshoe Drive.
You've seen this before. The uses have been worked out. The
Page 5
September 10, 2003
maximum amount of indoor self storage has been capped. The
maximum amount of construction-related support offices has been
capped, and I believe the planning commission recommended
unanimously that you approve this, and I believe we've addressed all
concerns of the staff, and if you have any questions regarding the
details, I'd be happy to answer them.
CHAIRMAN HENNING: Questions by the board members? I
have a question.
MR. YOVANOVICH: Sir?
CHAIRMAN HENNING: The -- I think it's this one. The
planning commission had some concerns about the uses.
MR. YOVANOVICH: No, we -- they wanted caps. They
wanted to make sure that there was caps, that we couldn't have
185,000 square feet of indoor self storage. So we capped that at no
more than 50 percent of that number, which would be 92,500. They
wanted to make sure we wouldn't have 100 percent of just, you
know, regular office space, so we capped that a maximum of 92,500
square feet.
So it wasn't the uses, it was just they didn't want the park to
develop as 100 of any one of those uses.
CHAIRMAN HENNING: Okay. The -- there's a lot of details
in this growth management plan amendment. Some of the things is
getting to the -- what you would see on a PUD of the specific uses in
here, in the growth management plan.
MR. YOVANOVICH: That's correct.
CHAIRMAN HENNING: And that carries on with the growth
management plan. Correct?
MR. YOVANOVICH: That is correct.
CHAIRMAN HENNING: I guess the only thing that -- what
the Board is trying to do since it's laid out this way, we have in the
past removed the language "any other uses which is comparable in
nature to the foregoing uses which the current planning manager
Page 6
September 1 O, 2003
CHAIRMAN
MR. WEEKS
CHAIRMAN
MR. WEEKS
CHAIRMAN
all of them.
determines as compatible."
MR. YOVANOVICH: Which would be fine, and we would
expect that to not show up in the PUD document at all.
CHAIRMAN HENNING: Well, if it's in the growth
management plan, it's going to show up in the PUD, isn't it?
MR. YOVANOVICH: I don't see that language, but if that
language is in there we'll be happy to remove it.
CHAIRMAN HENNING: It is -- unless my index was
misplaced, and it really doesn't have a page number.
MR. YOVANOVICH: I have -- the exact language is page
three of your agenda package.
CHAIRMAN HENNING: Page three?
MR. YOVANOVICH: Yes. And you will see what we're
adding, the underline, and then you'll see the actual revisions that
were made since it went to the planning commission as double
underlines. But I don't see in there, Commissioner, any global
language that would allow any other uses as determined. But if there
is, we'll remove it. It was never intended to do that. CHAIRMAN HENNING: All right.
MR. WEEKS: Mr. Chairman, I was just going say, the
language, if you look under the third tab, it's labeled Ordinance. The
ordinance itself is --
HENNING: Which book?
: The big one.
HENNING: They're both big.
: With the Comprehensive Plan Amendments.
HENNING: Oh, the third tab. The ordinances for
MR. WEEKS: Yes, sir.
CHAIRMAN HENNING: Okay.
MR. WEEKS: The ordinance itself is four pages long and then
you'll come to the Exhibit A. Each one of these 10 amendments has
Page 7
September 1 O, 2003
its own Exhibit A, the exact language.
A.
CHAIRMAN HENNING:
MR. WEEKS: CP-2002-1.
CHAIRMAN HENNING:
Cormnissioner Fiala?
Okay.
Great.
And it's the very first Exhibit
I have no further questions.
COMMISSIONER FIALA: Thank you. For staff I have -- it
says that staff was still opposed to the petition. This is in our-- in
our agenda packet. Still opposed to the petition as it was submitted
to DCA. It goes on to say beforehand that there was no defined trade
area no inventory, ta-da, ta-da, ta-da. It goes all the way down,
graphics are not user friendly, the market study is not relevant to the
subject site. And I wonder if all of these things have been answered,
and if you feel more comfortable about submitting it now.
MS. JOURDAN: For the record, Jean Jourdan, Comprehensive
Planning. Yes, all those issues have been addressed. We worked
with the applicant. The applicant's been very cooperative.
Everything has been addressed, and comprehensive staff is satisfied
with all the information they submitted.
COMMISSIONER FIALA: Can you give a recommendation
here of how you would prefer it to be submitted? Shall be limited to,
ta-da, ta-da -- and that has been complied with, as well?
MS. JOURDAN: Correct. That language has been
implemented.
There is one issue, which it was the traffic impact statement, and
that I would like transportation to address because I don't know if
that was addressed or not.
CHAIRMAN HENNING: Shouldn't that be addressed at the
PUD?
MS. JOURDAN: Well, they just had some questions. When we
went before the planning commission, transportation had some
questions, and I just wanted to make sure that I got that on the record.
Page 8
September 10, 2003
MR. YOVANOVICH: If I can -- I don't think Mr. Kant is here.
We did meet with Mr. Kant, and we will address whatever issues at
the PUD stage.
CHAIRMAN HENNING: Well, while transportation's coming
up, Commissioner Halas has some questions.
COMMISSIONER HALAS: A question I have, then, what
we're doing now is, basically this whole area of land, instead of being
under residential, it now is going to become commercial. Is this
correct?
MR. YOVANOVICH: It will become offices, yes.
COMMISSIONER HALAS: Offices, or light commercial?
MR. YOVANOVICH: No. It cannot be any -- it cannot be any
retail, it can only be offices.
COMMISSIONER HALAS: Okay. Or--
MR. YOVANOVICH: Or indoor self storage.
COMMISSIONER HALAS: Or indoor storage, right.
MR. YOVANOVICH: Right, right.
CHAIRMAN HENNING: There is a need for what's -- in my
opinion what's being asked for, quite a bit. We're losing
opportunities because retail's going in our parks, and they have that
right to do that.
COMMISSIONER HALAS: Well, my other concern was that I
think this is a good way of taking and readapting land because if we
end up leaving that as residential, I think we're going to have a
serious conflict with that and the sports park, and we have already
seen some indication of that on some of the items that's been brought
forth to the Board, so, as long as the adaptation of what we're trying
to accomplish here will not be in conflict with what has already been
established out there, and that's the sports park. So as long as the
neighbors that are going to be moving in there in these offices realize
there may be some days where there may be some noise out there.
COMMISSIONER FIALA: Well, isn't this also the place where
Page 9
September 10, 2003
you're talking about putting an indoor shooting range?
COMMISSIONER HALAS: No.
COMMISSIONER FIALA: This isn't the place?
MR. YOVANOVICH: That I don't -- not on this property.
COMMISSIONER FIALA: Okay.
COMMISSIONER HALAS: There was a shooting range out
there that was brought to our attention.
COMMISSIONER FIALA: No, there's something going--
there's something swirling around about an indoor shooting range.
COMMISSIONER HALAS: Oh.
COMMISSIONER FIALA: Okay.
MR. SCOTT: Hi. Don Scott, Transportation Planning. We did
have some issues with the access and stuff, and we dealt with that
through the planning commission and some meetings following that,
so we are okay now.
CHAIRMAN HENNING: Okay. Any other questions? Want
to take a vote separately or all at once? Entertain a motion.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Coyle,
second by Commissioner Fiala. Mr. Weeks, do we have do get
anything on the record for this item?
MR. WEEKS: Just your vote, sir.
CHAIRMAN HENNING: Okay.
All in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Any opposed?
Page 10
September 10, 2003
(No response.)
Motion carries 5-0.
MR. MUDD: The next item, Commissioner, is petition
CP-2002-3, which is Robert Dwayne of Hole, Montes, Inc.
representing Bill and Mary Grant and Naples Gateway Land Trust,
requesting an amendment to the Golden Gate Area Master Plan to
expand the existing Pine Ridge mixed-use subdistrict by three acres,
and to modify the allowed uses by adding 80,000 square feet of retail
and/or office uses as allowed in the C-3 zoning district and removing
conditional uses for property located at the northeast quadrant of the
Pine Ridge Road/Livingston Road intersection, in Section 7, T49
south, R26 east. The coordinator is Glenn Heath.
MR. DWAYNE: Good morning. For the record, my name is
Robert Dwayne, and I'd be happy to have any -- answer any
questions you may have.
CHAIRMAN HENNING: Any questions by the Board
members? Commissioner Coletta.
COMMISSIONER COLETTA: I just wanted to reconfirm that
this mirrors what the Golden Gate Master Plan committee heard and
agreed to.
MR. DWAYNE: That's correct, we have their endorsement.
COMMISSIONER COLETTA: Okay. Thank you.
CHAIRMAN HENNING: Mr. Dwayne, the material that I see
in here, and I understand now that I should have been reading the
ordinance -- referring to the ordinance. So the question is, is there
going to be any access to Livingston Wood Lane? MR. DWAYNE: No, there is not.
CHAIRMAN HENNING: Okay. I have no further questions.
Entertain a motion.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER COLETTA: Second.
CHAIRMAN HENNING: Motion by Commissioner Coyle,
Page 11
September 1 O, 2003
second by Commissioner Coletta. Any questions on the motion?
All in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
Motion carries 5-0.
MR. MUDD: Commissioner, the next petition is CP-2002-4
from D. Wayne Arnold of Q. Grady Minor and Associates and
Anthony Pires, Jr. from Woodward, Pires and Lombardo,
representing Brian Paul, et al, requesting a text amendment to the
Golden Gate Area Master Plan to modify the rural settlement area
district to clarify vested uses, densities, and intensities, and to clarify
an increase in the development density and intensity is allowed for
property located on the east side of Immokalee Road, County Road
846, the north side of Randall Boulevard, and bisecting by Oil Well
Road, County Road 858, and commonly known as Orange Tree
PUD. The coordinator is David Weeks.
MR. PIRES: Good morning. For the record, Anthony Pires of
Woodward, Pires and Lombardo here to answer any questions you all
may have. I request your favorable consideration and approval of this
amendment.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Thank you. Yes, a couple of
questions, if I may, Mr. Pires. This isn't the correct place to be
talking about the possible donation of the lake, that comes later.
Correct?
MR. PIRES: That's correct. We believe during the rezoning
process, that's correct.
Page 12
September 1 O, 2003
COMMISSIONER COLETTA: Okay. Of course, I had to get
those words in, you know that. MR. PIRES: Yes, sir.
COMMISSIONER COLETTA: At any point -- this has been
worked through the community to a great extent with the community
meetings and general acceptance on the waterway in Orange Tree
community?
THE WITNESS: That's correct. We've met with the Golden
Gate Estates area Master Plan restudy committee, and we believe
have been favorably received to date, and maintain those contacts
and communications.
COMMISSIONER COLETTA: Basically that's all I have.
CHAIRMAN HENNING: Okay. Commissioners?
COMMISSIONER HALAS: Can you basically tell us what you
envision is going to be put on this piece of property?
MR. PIRES: We have submitted an application for rezoning,
but without going into all of the details, some residential units,
possibly some other golf course, recreational uses, but with some
commercial components that could be supported by that particular
community and possibly the surrounding communities that may need
to utilize commercial services.
COMMISSIONER HALAS: Are you -- is there a possibility
that some food service company will come in, such as Publix or --
MR. PIRES: I don't know. I've not had those discussions. My
client may have had some discussions with the people that he -- he
has some contacts at those organizations, but I think that would be
something that would be a plus to that community.
COMMISSIONER HALAS: That would be a very big plus,
especially if everybody out in the Estates area, instead of having to
come all the way back into Golden Gate city -- that's the closest area
for them to acquire groceries.
MR. PIRES: Yes, sir. And my client -- and we are sensitive
Page 13
September 10, 2003
and attuned, as Commissioner Coletta has indicated by his
questioning, to the needs of the community.
CHAIRMAN HENNING: How about an ATV active park?
MR. PIRES: I have not heard that. I know there's a County
fairgrounds to the north and west of this property.
MR. MUDD: Good water/sewer plan out there though, that can
handle that public.
CHAIRMAN HENNING: Any further questions?
COMMISSIONER COLETTA: I'll make a motion for approval.
COMMISSIONER HALAS: Second it.
CHAIRMAN HENNING: Motion by Commissioner Coletta,
second by Commissioner Halas. All Any discussion on the motion?
All in favor of the motion signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
Motion carries unanimously.
MR. MUDD: Commissioner, the next petition is CP-2002-5,
Robert J. Mulhere of RWA, Inc. representing Brian Mansour of
Woodfield Builders, LLC, requesting a text amendment to the
F-L-U-E, or FLUE, to allow the affordable housing density bonus of
up to six dwelling units per acre, but limited per dwelling unit
ownership, to be applicable to five acres in the rural residential fringe
subdistrict located on the east side of Collier Boulevard, which is
County Road 951, approximately six-tenths of a mile south of
Rattlesnake Hammock Road, which is County Road 864, in Section
23, T50 south, R26 east. Coordinator is Jean Jourdan.
CHAIRMAN HENNING: Commissioner Coyle?
Page 14
September 1 O, 2003
COMMISSIONER COYLE: Just a minor correction. Jim, you
read that as five acres, it's 55 acres.
MR. MUDD: I'm sorry, sir, 55 acres --
COMMISSIONER COYLE: Okay. I just wanted to make that
clear.
MR. MUDD: A little dyslexia.
COMMISSIONER COYLE: Okay. That's all right.
CHAIRMAN HENNING: Any questions by the Board
members? Seeing none, I'll entertain a motion.
COMMISSIONER COLETTA: Motion for approval.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: Motion by Commissioner Coletta
second by Commissioner Halas.
All in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
Motion carries unanimously. Thank you, Mr. Mulhere.
MR. MUDD: The next petition is petition CPSP-2002-6.
Petition requesting amendments to the Golden Gate Area Master Plan
text and the future land use map and map series primarily as a result
of the recommendations of the Golden Gate Area Master Plan
Restudy Committee, to include establishing the new commercial
western Estates infill subdistrict at the southwest comer of the Collier
Boulevard, County Road 951/Vanderbilt Beach Road, County Road
862 intersection.
Number 2: Expansion of the neighborhood center designation at
the Wilson Boulevard/Golden Gate Boulevard intersection, so as to
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September 10, 2003
include all four quadrams.
Number 3: The creation of two new neighborhood center
designations, one at the Everglades Boulevard/Golden Gate
Boulevard intersection, all four quadrants; and one at the Everglades
Boulevard/Immokalee Road, County Road 846 intersection,
southerly two quadrants.
Number four: Text revisions to the conditional uses subdistrict.
Number five: Text revisions regarding commercial uses,
including creation of a new goal and objective.
Number six: Text revisions to Santa Barbara commercial
subdistrict and Golden Gate Parkway professional office/commercial
subdistrict to modify development standards.
And number 7: Text revisions for format consistency,
correction of prior errors and omissions and the like. And the
presenter coordinator is Glenn Heath.
MR. HEATH: Good morning, Mr. Chairman, Commissioners.
CHAIRMAN HENNING: Mr. Heath, excuse me just for one
minute. I have a question for our legal staff. One of the amendments
in here is a conditional use interchange on the Golden Gate Parkway.
One of the churches in this area is -- I'm a member of that church. I
need to know whether I need to abstain from the vote on that, and if I
do, can we separate the rest of it because I have several questions on
the other amendments.
MS. STUDENT: Mr. Chairman, you are a member of the
church along with many other members? I mean, you're not on a
board or anything of the church, but strictly a member?
CHAIRMAN HENNING: No.
MS. STUDENT: It would be my opinion that there would not
be a voting conflict.
CHAIRMAN HENNING: Okay. Thank you. Thank you, Mr.
Heath.
MR. HEATH: For the record, Glenn Heath, Comprehensive
Page 16
September 10, 2003
Planning. I did want to point out two changes that had been made by
staff, and two changes that were recommended by the planning
commission are some issues that they recommended that we follow
up on as staff after transmittal, and I wanted to point out what the
fate of those were. On -- referring to Exhibit A of your ordinance, on
page one, there are -- currently in the Golden Gate Area Master Plan,
there is a subdistrict called the Urban Commercial Infill Subdistrict
that actually occurs both in Golden Gate City and Golden Gate
Estates.
COMMISSIONER HALAS: You say -- what are we talking
now, the --
MR. HEATH: Okay. I've just been -- the ordinance tab on the
-- changed is on page one of-- well, it's Exhibit -- CP-2000 --
CPSP-2002-6.
CHAIRMAN HENNING: Dash six? Hang on.
Okay. Exhibit A?
MR. HEATH: Yes.
COMMISSIONER FIALA: That's on page one, right?
MR. HEATH: Right.
COMMISSIONER FIALA: Okay. CPSP-02-8, right?
MR. HEATH: Dash six.
COMMISSIONER FIALA: Dash six. Okay.
MR. HEATH: On page one of the exhibit, basically what staff
has done is we have now separated that subdistrict into two
subdistricts, one in the urban commercial district, which is mostly
Golden Gate City and it would be -- it's item B there, and it would be
called the Golden Gate Urban Commercial Infill Subdistrict. And if
you look on the map, it's a small parcel near the comer of--
MR. MUDD: Stop. Go to the ordinance tab. When you're at the
ordinance tab, we want to go to CPSP, and he's talking right about in
here. We're doing okay, it's just a little confusing. We'll get to it.
CHAIRMAN HENNING: Thanks, staff.
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September 10, 2003
MR. MUDD: Anytime, sir.
COMMISSIONER FIALA: Well, it would be right here, right?
MR. MUDD: No. Let's go here.
(Brief discussion off the record.)
COMMISSIONER COLETTA: Mr. Heath, while we're
waiting, I just want to compliment you for the excellent job that you
did with the Golden Gate Master Plan, and thank you so much. I
know it was extremely difficult, especially in the beginning, and --
well, actually it wasn't too easy through the whole thing. But if you
survived that you'll survive anything.
MR. HEATH: Well, I hope so because now they have started
me on Immokalee.
COMMISSIONER COLETTA: I know, we're looking forward
to that. We figure now you're a true, tried true piece of product that
we can work with.
MR. HEATH: I'm blooded.
COMMISSIONER COLETTA: That's right.
MR. MUDD: I think you're all on the same page.
MR. HEATH: All right. Thank you, Mr. Mudd. What staff has
recommended is separating the former single subdistrict into two
subdistricts, one in Golden Gate City, which would be called -- under
your -- on your first page, it's Item 2(B), Golden Gate Urban
Commercial Infill Subdistrict, and it's a small parcel at the comer of
Golden Gate Parkway and Collier Boulevard. And the rest of-- the
former subdistrict, which consists of two parcels, one at Green
Boulevard and Collier Boulevard, and the other at Santa Barbara and
Golden Gate Parkway would be called -- would now be under Policy
1 12, Item G, the Golden Gate Estates Commercial Infill Subdistrict.
So the names are similar, but they are now actually in two
separate subdistricts, recognizing the fact that one is in Golden Gate
City and one is -- the other half-- portion is in the Estates.
And again, on Item four at -- during transmittal, the planning
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September 10, 2003
MR. MUDD:
MR. HEATH:
MR. MUDD:
again, please.
MR. HEATH:
commission asked staff to look at the possibility of making a change
in the Santa Barbara subdistrict to more clearly define the height
limitation for two stories maximum, and near the top of the page,
Item 9 now reads, building height limitation of--
What page are you on?
Page four.
Thank you. And then give them the paragraph
It's near -- it's the second full paragraph -- it's the
first full paragraph on page four, and it's sub Item 9. Building height
limitation of two stories maximum, and we've now added not to
exceed 3 5 feet-- yes, sir.
COMMISSIONER HALAS: Thirty-five feet from where?
MR. HEATH: Thirty-five -- well, we could define that more
specifically. I would assume it would be from the finished floor.
COMMISSIONER HALAS: Are we talking from ground zero,
from the actual construction site of where the soil is placed-- I guess
what I am getting at is, so we eliminate FEMA or parking under -- I
know in here it says there's no parking under the structure.
MR. HEATH: However it is defined in the --
COMMISSIONER HALAS: Present LDC --
MR. HEATH: -- present LDC. We're not-- we did not intend
to make any particular changes. There's language similar to this in
some other subdistricts out there.
COMMISSIONER HALAS: Okay.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: I just wanted to remind the
Commission that this was run by the Golden Gate Master. They
worked on it for a year and a half, and it reflects the standards of the
community that they were looking to achieve.
COMMISSIONER HALAS: So what did they decide on --
where they're going to start counting the 3 5 feet?
Page 19
September 10, 2003
THE WITNESS: I believe the discussion was from the baseline
of the finished floor elevation of the building.
COMMISSIONER FIALA: What does that really mean?
COMMISSIONER COLETTA: Well, that's what--
COMMISSIONER HALAS: That's the concrete slab that pours
down on top of the fill.
CHAIRMAN HENNING: Please correct us.
COMMISSIONER COYLE: No, no, you've got it right. I just
might clarify it a little bit. And I think what Commissioner Halas is
getting at is that this is going to change if the FEMA elevation
changes.
The height of the building from the finished floor will not
change, that will remain constant. But if FEMA elevation changes,
the height of the top of the building from, let's say the original grade,
is always going to change, and that's almost essential in many
respects because if you don't permit that to happen, what happens is
that you diminish the size of the home that can be built every time
FEMA raises the elevation. And when you do that, you have a major
impact on the economic -- the value of the property itself.
So the thing I would suggest is we not put ourselves in the
position where sometimes capricious changes by the Corps of
Engineers on flood elevation will have economic impacts on our
community.
COMMISSIONER HALAS: I have to differ with you there.
There's other communities, other counties within Florida that don't
take into account FEMA. They don't put that into the equation. And
I guess where I am going with this is, eventually I hope that we can
establish truth in advertising of what we're really talking about, as far
as looking at building heights, so when something comes before us,
we don't have to go through -- jump through hoops and come up with
an equation of where we really are. I really think that we need to
some way or another establish, so that everyone knows, when the
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September 1 O, 2003
building is 75 feet or the building is 100 feet, we know exactly what
we are talking about.
COMMISSIONER COYLE: I think we can get there, and I
agree that we should. The problem is that there's an element of this
height that is not under our control. And that's --
COMMISSIONER HALAS: But we can have it under our
control if we so desire.
COMMISSIONER COYLE: Well, not really. Let's take a
single family home. Let's suppose that you were going to let
someone build a two-story home, and that's what this is, at 35 feet.
And FEMA comes in five years from now and adjusts the elevation
by five feet. Suddenly, one of those stories in the home disappears,
and the value of that property is going to reflect that kind of
reduction, and I don't think that's a good thing for a community to do,
particularly when the community itself has said that this height is
acceptable to them and they understand the way it's been calculated.
Where we get into trouble is when somebody starts playing
games with these and nobody knows what the height is going to be,
and I think what we should do is require that it be reported in two
ways, the absolute height from the original grade and the height
above FEMA, and require that it meet both those requirements.
COMMISSIONER HALAS: And I could probably buy -- come
into a compromise like that, so long as we really know what we are
talking about because we've gotten into a situation here that what we
think is advertised is the real height, but when you really put all,
everything together, you find out that the height has increased
dramatically, and we, as Commissioners, end up catching a lot of
flack on this, and I think we need to really make sure that somewhere
along the line we establish that. Thank you.
CHAIRMAN HENNING: We all concur with that.
MR. HEATH: So you would like us to record the building
height from the finished floor elevation?
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September 1 O, 2003
CHAIRMAN HENNING: I don't -- my personal perspective,
Commissioners, is this is the growth management plan, let's let it go
as is, and in the future, let's see how we can correct that.
MR. MUDD: Mr. Chairman, just to mention staff concurs with
that approach. I don't think that level of detail belongs in the
comprehensive plan. To implement this provision, a property will
have to come in for a rezone action. That would be the appropriate
time.
CHAIRMAN HENNING: Correct.
MR. MUDD: That or, if you're taking a much broader
approach, then an LDC amendment across the board.
COMMISSIONER HALAS: An LDC Amendment.
MR. HEATH: Okay. The next -- it's not really a change, but I
want to point out on page five of Exhibit A, paragraph B, the second
full paragraph, where you see fast food restaurants, et cetera, it's been
crossed out and new language has been put in.
Originally I had tried to make this -- the original -- the sentence
more grammatical. The planning commission wondered why there
was a restriction on the visibility of the ordering devices, or order
windows, and they asked me to poll the Golden Gate Area Master
Planning Committee, and through them to poll some of the Golden
Gate City Civic Association, who had been present at the original
hearing when the original language was adopted, and the gist of it
was that there was -- there had been and still was a desire to shield
the ordering devices from the street, so we left the new version of the
language alone. That's it.
CHAIRMAN HENNING: I have several questions.
Commissioner Coletta do you have any questions?
COMMISSIONER COLETTA: No. For the most part -- yeah,
one question. How -- has there been any strong deviations from the
original Golden Gate Master Plan Committee's recommendations to
where we are now?
Page 22
September 10, 2003
MR. HEATH: Not on these. You will be seeing the second
phase of the amendments transmitted in, I believe, October or
November, and staff does have concerns about some of the language
that was recommended by the committee on those amendments, but
not with regard to the first phase amendments.
COMMISSIONER COLETTA: All right. When it comes back
to us the next time for this second go around, I hope that the staff
comments will be separated from -- in such a way that we will be
able to tell where the Golden Gate Master Plan Committee was and
where staff is with their recommendations, rather than just one.
MR. HEATH: We can do that.
CHAIRMAN HENNING: Mr. Heath. The Santa Barbara
subdistrict?
MR. HEATH: Yes, sir.
CHAIRMAN HENNING: The language on page four-- which
one is it -- number 6, the minimum project requirement of one acre.
Has that always been there?
MR. HEATH: That you read -- that is original language.
CHAIRMAN HENNING: Okay. Now, if I remember correctly,
there was a certain period of time when this area had to be converted
from multi-family to single -- to commercial. MR. HEATH: Yes, sir.
CHAIRMAN HENNING: Is that still there?
MR. HEATH: That is still there.
CHAIRMAN HENNING: Okay.
MR. HEATH: Yes, it's still there. You will be seeing some
further amendments to the Santa Barbara subdistrict in the phase two
amendments.
CHAIRMAN HENNING: Now, the -- I don't know if this
happened, but the city's civic association as you referred to wanted to
give some opportunities for the professional -- Parkway Professional
Overlay to have, like, a hairdresser, which was prohibited before. Is
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September 10, 2003
this in there?
MR. HEATH: Not-- no, sir.
CHAIRMAN HENN1NG: Was that discussed?
MR. HEATH: The committee never got to that, and I do not --
there was a discussion, I think, but there was no action taken. So I
don't know that we had any recommendations with regard to that.
There's no reason why you couldn't insert it in the phase two
amendments.
CHAIRMAN HENNING: Correct. But was there any concerns
on the committee?
MR. HEATH: They didn't express any real concerns or much --
there was very little discussion about it. I do remember a very brief
discussion.
CHAIRMAN HENNING: Okay. So it might be an oversight
why it wasn't put in there or a direction or lack of direction? MR. HEATH: It's possible.
CHAIRMAN HENNING: Commissioners, it was -- you know,
the concern is that we wanted to give more opportunities for
competition, and, you know, my feeling is competition is not bad, it's
always good for the consumer, and makes the business strong.
So in the Parkway subdistrict, I would like to include
hairdresser, beauty salon or whatever you want to call it, Joe Cool six
dollar haircut.
Commissioner Halas?
COMMISSIONER HALAS: Yes. As I look at through this
document with the neighborhood centers, one of the things that I'm a
little concerned about and I go full -- feel. wholeheartedly with what
Commissioner Henning was saying about competition and small
businessmen and stuff, but I look at the plots of land out there that
we're looking at at this point in time, and there's nothing of major
size that we can establish grocery stores or something of that nature
out there because we're looking at four acres or five acres, and I think
Page 24
September 10, 2003
that the people that live out in the Estates, especially when you get
around Wilson and Golden Gate Boulevard, that's more or less the
center point of the Estates out there, and there's really -- the grocery
stores are basically like small 711 or whatever else, and it would be
nice if we could establish an area where there is large segment of
land that we could bring a large supermarket chain into that area.
MR. HEATH: Commissioner Halas, we had that discussion
with the committee, and it was originally staffs intention to try to
open up the Golden Gate Area Master Plan to the extent that a large
shopping center could come it, and the gist of the committee's
feelings on the subject was no way, we want to continue with smaller
shopping centers or smaller stores in limited locations.
They are -- in many ways they are looking at places like Orange
Tree or the center that's on Collier Boulevard near Immokalee Road
to provide them with commercial, in close proximity to the Estates
but not in the Estates. At the -- the committee was split in terms of
wanting more -- wanting larger commercial or not wanting larger
commercial, but I guess the old school members won out on that
argument, and the gist of it was that they didn't want large scale
commercial.
COMMISSIONER HALAS: I was just trying to look at the
whole picture here, and instead of directing all that, when everybody
needs a loaf of bread or needs to get a large amount of staples, they
have to drive all the way back in to at least 951, and I was trying to
think of some way that we could -- the people could live -- or shop
very close to their neighborhood without having to impact our roads
all the time. But I know that's Commissioner Coletta's area, and I
think he had his hand up, so he could probably enlighten me on a few
things.
COMMISSIONER COLETTA: What you say is true. When
you look at the logistics of how the whole place is laid out, you
would expect something in the way of a shopping center somewhere
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September 1 O, 2003
around Wilson and Golden Gate Boulevard-- Parkway, excuse me --
no, Boulevard, right. The problem being is that some years ago we
got quite involved with bringing a Publix out there. In fact we had
zoning -- a rezoning done of residential commercial across from -- on
the -- let's see, the southeast comer, am I right? No, no, excuse me.
The south comer, the one across from G's.
COMMISSIONER HALAS: Southeast comer?
COMMISSIONER COLETTA: Right, I'm getting confused on
my directions there, but in any case, we actually had a commitment
from a Publix to go out there with a modified store, with a setback
and everything else, with the construction being a small store that
was going to have a rural look to it. Everybody was very excited
about it. Of course Publix decided at the last minute not to do it,
after we made the zoning change, and they opted to go down to 951
and Immokalee Road with their superstore, which is wonderful place,
by the way.
Meanwhile that land out there is still zoned, so a modest sized
supermarket can go in there, not one of the great big box stores, and I
believe that would reflect the will of the residents. That's already in
place. The problem is is that the density is not there yet to justify
one of them doing it. Because it's available and has been available
for many years now. One of the biggest coups that we have had,
that's going to make a big difference -- well, a couple of them.
One is the fact that Orange Tree, where this commercial area is
going to go, has no residential right next door to it, ifs not going to
impact a neighbor like you do in the Estates where if you build
something on one of the intersections, you impact a number of
neighbors all around.
That Orange Tree area is going to be a great place, and some
day with some interconnectivity between Wilson Boulevard and all
through there, it will make a big difference for people that want to do
more substantial shopping than possibly a convenience store,
Page 26
September 10, 2003
provided one doesn't go over there on Wilson. They'll be able to
reach Orange Tree or a four-lane highway that's going to be --
groundbreaking takes place this Friday. They'll be able to get down
to the Publix down there at 951 and Immokalee. So things are
starting to come together.
But I understand what you are saying, when you look at a map,
everything makes sense that that would be the place for some major
-- the only problem is you would disrupt a tremendous number of
residents around there, and there really wasn't what I would call
overwhelming support for anything of a large scale commercial in
that area.
CHAIRMAN HENNING: Okay. Thank you.
MR. HEATH: Commissioner Henning, I need to get a
clarification from you. The issue regarding the hairdresser because
that's something that we can bring back to you in phase two.
CHAIRMAN HENNING: Would it be a part of the Golden
Gate Area Master Plan --
MR. HEATH: Yes. The phase two amendments, right.
CHAIRMAN HENNING: Okay. I don't -- it doesn't bother me
one bit.
MR. HEATH: All right.
CHAIRMAN HENNING: I do have some other questions.
MR. HEATH: Okay.
CHAIRMAN HENNING: Turn to transitional conditional uses.
The -- there's a lot of strike throughs and underlines, and if you can
just tell me how it differs from what it was original.
MR. HEATH: Well, it doesn't differ-- first off, it doesn't differ
from transmittal. There were no further changes made to it since
transmittal. I would just point that out. The site -- many of these
changes were changes that were recommended by either the planning
commission or the Board at -- in conjunction with previous
amendments to the Golden Gate Area Master Plan or in relationship
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September 10, 2003
to PUDs or rezones, and now we're basically -- this is staff catching
up over I guess a several years' gap in changing the plan.
So some of these are things that you saw before in some other
context, and we are now just -- we're just getting around to
implementing those changes.
MR. MUDD: But they were in the transmittal.
MR. HEATH: They were in the transmittal. They have not been
further changed.
CHAIRMAN HENNING: That's fine. I understand they were
in the transmittal. I'm sure that nobody's saying that I can't ask
questions at the adoption.
MR. HEATH: No, sir.
CHAIRMAN HENNING: All right. So let's go it, then.
MR. HEATH: OKAY.
CHAIRMAN HENNING: The strike-through was, site shall be
no closer than one-half mile from an intersection containing of a
neighborhood center. That was struck out.
MR. HEATH: Right. And the reason for that was to make it
possible for a transitional conditional use to be located adjacent to a
neighborhood center.
CHAIRMAN HENNING: The acreage is the same except for,
you know, the quarter acre, and that does make sense, and the feet
width makes sense. But the -- the one, it says, conditional uses shall
be located on allowable acreage, and the word directly is stricken
through.
MR. HEATH: Right. Well we felt that directly adjacent was
sort of an overstatement, that adjacent was sufficient.
CHAIRMAN HENNING: Okay. That's the only questions I
have on that.
The -- let's see, the Parkway and 951 commercial, was that
expanded in any square feet?
MR. HEATH: No, sir, it was not.
Page 28
September 10, 2003
CHAIRMAN HENNING: Was the Orange -- or Green
Boulevard/951 expanded?
MR. HEATH: No, there was no change made to the actual
parcels. It was just moving them into different subdistricts --
CHAIRMAN HENNING: There was one added at Vanderbilt,
though?
MR. HEATH: Yes. There's a new commercial subdistrict at
Vanderbilt and -- nearer 951. It's actually back a little bit.
CHAIRMAN HENNING: Right. I don't have any further
questions. Commissioners? None? Entertain a motion.
COMMISSIONER COLETTA: Motion for approval.
CHAIRMAN HENNING: I'll second the motion.
Motion by Commissioner Coletta, second by Commissioner
Henning. Any questions on the motion?
All in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
MR. HEATH: Thank you.
CHAIRMAN HENNING: Motion carries 5-0.
MR. MUDD: The next petition is Item CPSP-2002-7, petition
requesting amendments to the future land use element and the future
land use map and map series to include: Number one, the text
revisions to Policy 4.6 to correlate with the Land Development Code
amendments pertaining to access management plan provisions.
Number two: Text revisions to Policy 4.8 to add methodology
for preparing population estimates to projections as relates to the
capital improvement element.
Page 29
September 10, 2003
Number three: Text revisions to the office and infill
commercial subdistrict for clarity and to reflect past application and
interpretation by staff and the Board of County Commissioners.
Number four: Text revisions to the PUD, neighborhood village
center, business park, and research and technology park subdistricts
to add clarity of intent regarding development thresholds.
Number five: Text revisions to the density rating system to
explain and clarify density calculations.
Number six: Revisions to the wellhead protection areas map to
reflect recent hydrologic modeling changes in well field use and
addition of new well fields.
Number seven: Text and future land use map revisions for
format consistency, internal plan consistency, correction of prior
errors and omissions, and the like. And the presenter is Mr. David
Weeks.
MR. WEEKS: Commissioners, as you can see, there are
multiple amendments to the future land use element proposed here.
The only changes since transmittal are what I would call
non-substantive.
The underlying future land use element has been changed since
transmittal because the rural fringe amendments are now in effect, so
some of the base document language has changed. Other than that,
it's the same you saw at transmittal.
Much of this -- much of this packet of amendments consists of
housecleaning items. There certainly are some substantial changes in
here. The couple of subdistricts referenced in particular are taking
past actions by the Board of County Commissioners and changing
the language to reflect that.
Where you have approved rezone petitions, you have interpreted
language in a certain way. Well, now we're putting in there black and
white, so as opposed to being something that you have interpreted,
it's clearly written in the language, any reader of the language can
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September 10, 2003
now see what the language says and how it has been applied in the
past and would be applied in the future. With that, I'll just stop for
any questions.
CHAIRMAN HENNING: Any questions by the Board
members? Entertain a motion?
COMMISSIONER COYLE: Motion to approve.
CHAIRMAN HENNING: I'll second the motion. Motion by
Commissioner Coyle, second by Commissioner Henning. Any
discussion on the motion?
Seeing none, all in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
The motion carries 4-0 (sic).
MR. MUDD: The next petition is Petition CPSP-2002-8,
petition requesting a text amendment to the Immokalee Area Master
Plan land use designation description section to correct the title of the
recreational/tourist district. And Mr. David Weeks is the presenter.
CHAIRMAN HENNING: Commissioner Coletta, you have any
questions?
COMMISSIONER COLETTA: No, I don't.
CHAIRMAN HENNING: Entertain a motion.
COMMISSIONER HALAS: I second it.
CHAIRMAN HENNING: Motion by Commissioner Coletta?
COMMISSIONER COLETTA: Yeah, I guess so.
CHAIRMAN HENNING: And second by Corntnissioner Halas.
Any discussion on the motion, signify -- no discussion on the
motion?
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September 1 O, 2003
All in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
Motion carries 5-0.
MR. MUDD: The next petition is CPSP-2002-9, petition
requesting text amendments to the goals, objectives, and policies of
the potable water subelement of the public facilities element, most
notably to modify some level of service standards requesting new
water district boundary and potable water service area maps, new
potable water treatment and transmission facility maps, and new
table of capital improvement projects, and requesting an update to
the entire support document. And Mr. David Weeks is the presenter.
MR. WEEKS: I just need to get on the record that there are
some minor changes that need to be made, and it goes back to what I
was saying earlier about the rural fringe amendments being in effect.
That also affected this petition, the potable water subelement, and
will also affect the next one, the sanitary sewer because the
underlying document has changed -- and that just happened in late
July -- there are some nomenclature conflicts, a reference to a map
when it should be a figure, a reference to the rural transition
water-sewer boundary, and the map calls it something different, so
truly housecleaning changes, but I did want to put on the record that
those will need to made by staff before the ordinance is signed.
CHAIRMAN HENNING: Questions by the members? Mr.
Weeks, we have in here a map change for -- well, we're identifying
Florida government utility, the Immokalee Water and Sewer District,
the Marco Island Water and Sewer District. Does it state in here
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September 1 O, 2003
when the county is going to take those over?
MR. WEEKS: No, sir. It's not part of the this subelement. I
think you're referring to the county taking over the Orange Tree
utilities. But that is not part of the growth management plan.
CHAIRMAN HENNING: Okay. I have no further questions.
Entertain a motion.
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN HENNING: Motion by Commissioner Fiala.
COMMISSIONER COYLE: Second.
CHAIRMAN HENNING: Second by Commissioner Coyle.
Any discussion on the motion?
Seeing none, all in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
Motion carries 5-0.
MR. MUDD: Mr. Chairman, the next petition is
' CPSP-2002-10, petition requesting text amendments to the goals,
objectives and policies of the sanitary sewer subelement to the public
facilities element, most notably to modify some level of service
standards, requesting new sewer district boundary and sewer service
area maps, new north and south sewer service -- new north and south
sewer service area and facility maps, and new table of capital
improvement projects and requesting an update to the entire support
document. And Mr. Weeks is the presenter.
MR. WEEKS: A similar comment, Commissioners, simply that
the underlying document has changed. There are some
housecleaning matters that need to be taken care of.
Page 33
September 10, 2003
CHAIRMAN HENNING: Okay. Any questions? Entertain a
motion.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: Motion by Commissioner Fiala,
second by Commissioner Halas.
All in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
Motion carries 5-0.
MR. MUDD: Mr. Chairman, and the last petition is
CPSP-2002-11, petition requesting a text amendment to the capital
improvement element Policy 1.1.2, to modify population
methodology for capital facilities planning, and to Policy 1.1.5 to
adjust level of service standards for water and sewer facilities to
correlate with changes proposed to the potable water and sanitary
sewer subelements. And Mr. Weeks is the presenter.
MR. WEEKS: Recommend approval, as has the planning
commission.
CHAIRMAN HENNING: Any questions?
COMMISSIONER FIALA: I didn't quite understand all that
methodology, but motion to approve. I figure you do.
CHAIRMAN HENNING: Is there a second to the motion?
COMMISSIONER HALAS: I'll second it.
CHAIRMAN HENNING: I think this is -- we're given more
flexibility on how we count the BEBR.
MR. WEEKS: The change we've made is coming closer to the
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September 1 O, 2003
high range projections of BEBR -- the Bureau of Economic and
Business Research. The first five years we continue, as we do
presently, with this new language, we will still calculate at the high
range BEBR projections, the highest population projections, and that
has been consistent with this Board's positions, take that conservative
approach. We'd rather be safe than sorry. However, the present
methodology beyond the five years, beyond your CIE or your capital
improvements element, capital improvements plan, we have been
dropping down to the medium range growth rate. Experience tells us
that is way too low, while we're growing close to that high range
growth, and so this new methodology puts us using 95 percent of the
BEBR high-range growth rate.
So we no longer go at a strong growth rate for five years and
then drop significantly, we only taper off slightly, and we think that's
much more reflective of our actual growth rate, where we're seeing
population over the last two or three years of between 13,000 and
14,000 person increase annually.
COMMISSIONER FIALA: I was wondering what the count
was -- what this was saying. Thanks.
MR. WEEKS: And Commissioners, this in keeping with your
water-sewer master plans because if you remember, when we did the
first one, we talked about going the high BEBR for a ten-year period
of time instead of just the five, to make sure that we were truly
caught up.
CHAIRMAN HENNING: There's a motion by Commissioner
Fiala. Who seconded the motion?
COMMISSIONER HALAS: I did.
CHAIRMAN HENNING: Second by Commissioner Halas.
All in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
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September 10, 2003
COMMISSIONER FIALA:
COMMISSIONER HALAS:
CHAIRMAN HENN1NG:
(No response.)
Motion carries 5-0.
Okay. Back to our-
Aye.
Aye.
Any opposed?
Item #8G
RESOLUTION 2003-304 REGARDING APPLYING THE
ANNUAL MID-CYCLE YEAR INDEXING ADJUSTMENTS TO
AMEND THE ROAD IMPACT FEE RATE SCHEDULE, WHICH
IS SCHEDULE ONE OF APPENDIX A OF CHAPTER 74 OF THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES
(COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCF, NC). 2001-13, AS AMENDF, D)- ADOPTF, D
MR. MUDD: Commissioner, that brings us to Item 8(G) on the
-- in the agenda, which is adoption of a resolution applying the
annual mid-year-- excuse me, the mid-cycle year indexing
adjustments to amend the road impact fee rate schedule, which is
Schedule One of Appendix A of Chapter 90 -- excuse me, of Chapter
74 of the Collier County Code of Laws and Ordinances, and that's the
Collier County consolidated impact fee ordinance Number 2001-13
as amended, providing for a delayed effective date. And, Amy,
you'll be the presenter?
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Could I interrupt for just a
moment? I have meetings starting at 11 o'clock, and there are several
items that are of great interest to me and I would like to participate in
the debate, and I'm wondering if there's a possibility to do this
mosquito control issue, the Item 10(I), which I pulled from the
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September 10, 2003
agenda for discussion, and also appointments to the planning adviser
-- or the planning advisory commission.
Those are three items that I would like to see get done before 11
o'clock. Is that possible?
CHAIRMAN HENNING: I don't have a problem. I think we
ought to accommodate the Commissioner.
concerns about this mid-year adjustment?
no-brainer. I'll make a motion to approve.
motion?
Does anybody have any
I think it's a kind of like a
Is there a second to the
COMMISSIONER HALAS: I'll second that.
CHAIRMAN HENNING: Second by Commissioner Halas.
All in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
Motion carries unanimously. Thank you.
Item #9F
RESOLUTION 2003-305 APPOINTING ROBERT P. MURRAY
AND GEORGE E. EVANS AND RE-APPOINTING KENNETH L.
ABERNATHY TO THE COLLIER COUNTY PLANNING
COMMISSION- ADOPTED
The next item is -- do you want the planning commission?
COMMISSIONER COLETTA: Did someone get a hold of Dr.
Kolfer (phonetic) to let her know -- oh, there -- is she here?
CHAIRMAN HENNING: Okay. Great. The next item is nine
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September 10, 2003
-- which one--
MS. FILSON: 9(F).
CHAIRMAN HENNING: 9(F), planning commission.
Commissioner?
COMMISSIONER COYLE: Yeah. I'd like to make a
recommendation that we reappoint the two members of the
commission and then appoint Robert Murray. It's a tough choice
between Robert Murray and Karen Komiak (phonetic), but we have
to make those choices. And I would nominate Kenneth Abernathy,
David Wolfley, and Robert Murray.
CHAIRMAN HENNING: Okay. Before I take the seconds, I
want a respect to the Commissioner of the districts, so I'm not going
to take a second until I hear from myself and Commissioner Fiala.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, I would nominate Robert
Murray.
CHAIRMAN HENNING: Okay. David Wolfley, I spoke to
him several times, and because of his position he is concerned -- so
potential conflicts. He says if you can find a replacement, that he
would prefer to step down from the planning commission, but he
would still like to be involved in the community.
So I would recommend, after discussion with George Evans,
who'd be a great addition to the planning commission. So,
Commissioner, from that, if you would like to make a motion?
COMMISSIONER COYLE: I will modify my motion to
include Mr. Evans.
CHAIRMAN HENNING: Okay. Is there a second to
Commissioner Coyle's motion?
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Second by Commissioner--
COMMISSIONER COLETTA: Hold on. We're going to
reappoint Ken Abemathy. Is that correct?
Page 38
September 1 O, 2003
CHAIRMAN HENNING: Correct. Second by Commissioner
Fiala.
All in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
Motion carries unanimously.
Item #9M
REPLACEMENT FOR THE VALUE ADJUSTMENT BOARD-
COMMISSIONER COYLE TO REPLACE COMMISSIONER
FIAIJA- APPROVFJD
The next item is the mosquito control, that's Item 10.
MR. MUDD: Commissioner, I think if you could do 9(M)
because that could affect Commissioner Coyle, if I'm correct, Sue?
MS. FILSON: Yes.
CHAIRMAN HENNING: 9 Mary?
MR. MUDD: 9(M), which is the replacement for the Value
Adjustment Board. Commissioner Fiala is in surgery, and she's
asking to be replaced on that particular board, and Sue?
MS. FILSON: We currently have three members of the Value
Adjustment Board, which is Commissioner Halas, Fiala and Coletta,
and we have two alternates, which is Commissioner Henning and
Commissioner Coyle. We just need a commitment from one of you
to actually attend. And Commissioner Fiala is currently the chairman
of the Value Adjustment Board, but that will have to be decided
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September 1 O, 2003
again when they meet.
CHAIRMAN HENNING: Commissioner Halas, you had
something?
COMMISSIONER HALAS: Yes, I'd like to nominate
Commissioner Coyle. I think he would be a great asset to our board.
COMMISSIONER FIALA: I can tell you that the meetings will
probably be a half hour or less and they will be two days, and I
believe the dates are October 13th and the 29th, and we chose the
29th as a tentative date in case we needed it, in case the special
masters took longer than we suspect.
COMMISSIONER COYLE: Sounds fine to me.
CHAIRMAN HENNING: Okay.
COMMISSIONER COLETTA: Commissioner Henning would
still be an alternate?
COMMISSIONER FIALA: Yes.
CHAIRMAN HENNING: Correct.
There's a motion by Commissioner Halas.
COMMISSIONER FIALA: I seconded it.
CHAIRMAN HENNING: Second by -- oh, you did second it.
Second by Commissioner Fiala. Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I thought it was pulled
for a different reason. I apologize. I'm glad you pulled it, but I was
going to pull it for another reason, just to get a comment in there. I
know you were fairly dismayed and Commissioner Henning was
sitting in there to watch what was taking place and so was he.
The way this is written, it's no longer correct as far as what it
says, the fact that we're going to be making decisions in regards to
the taxpayers out there. What that evaluation board had done at a
vote of three to two was effectively turned over the power of
decision, the power of attorney, whatever you want to call it, to the
special masters, which was quite a disappointment.
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September 10, 2003
I fought against it bitterly, and so did Commissioner Fiala, and
you were there in the audience, and I also heard you raise some
objections, Chairman Henning. But I do want that to be on the
record, that it's not quite the way that it was before. I'm not too sure
of the role that we play other than witnessing what takes place.
CHAIRMAN HENNING: Okay.
COMMISSIONER COLETTA: I just wanted to get that out.
MR. MUDD: Mr. Chairman, I just want to make sure for that
for 16(K) -- I think what Commissioner Coletta is talking about is
16(K)(8).
CHAIRMAN HENNING: Oh, a different one.
MR. MUDD: No, that's the approval of the special masters
agreement for the Value Adjustment Board hearings for Tax Year
2003.
COMMISSIONER COLETTA: It didn't matter at which end I
brought it up, I just wanted to get it out.
MR. MUDD: I just want to let you know, Mr. Chairman, that
item was not pulled from the consent agenda yesterday.
COMMISSIONER COLETTA: No.
CHAIRMAN HENNING: Okay. Any further discussion on the
motion?
All in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
Motion carries unanimously.
Okay. The next one is little varmints.
Page 41
September 10, 2003
Item #10G
AUTHORIZING AN ADDITIONAL $163,900 TO SPRAY FOR
MOSQUITOES OUTSIDE OF THE COLLIER MOSQUITO
CONTROL DISTRICT FOR THE REMAINDER OF THE RAINY
SEASON BECAUSE OF THE MEDICAL ALERT BY THE
FI,ORIDA DEPARTMENT OF HEAIJTH- DENlED
MR. MUDD: It's 10(G), which is authorize an additional
$163,900 to spray for mosquitoes outside of the Collier Mosquito
Control District for the remainder of the rainy season because of the
medical alert by the Florida Department of Health. And Mr. John
Dunnuck, the Administrator of Public Services, will be the presenter,
no doubt, and Dr. Joan Kolfer (phonetic) will help.
MR. DUNNUCK: Good morning, Commissioners. For the
record, my name is John Dunnuck, Public Services Administrator.
I apologize in advance, I've got a little bit of a cold going. In
essence, following the $20,000 allocation that the Board previously
approved, we had a request -- we ended up utilizing that money
much sooner in advance than we typically have in past years, based
upon an identification of a human case of West Nile virus within
Collier County.
The Mosquito Control Board gave us an estimate of what it
would cost to go the remainder of the year, which is $163,000.
Subsequently, they have also, as a board, approved the spraying
too, saying let's work out the details after the fact, let's make sure the
spraying gets done in the interim period of time, but let's talk about
who ends up paying and let's discuss that.
Presently we're scheduled to go to the Mosquito Control District
this afternoon and discuss that matter, but what we're presenting here
today is the amount of funding, up to the total amount of $ ! 63,000,
that could possibly be utilized to go all the way through October.
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September 1 O, 2003
The key issue from our perspective, from a staff perspective, is
we received a note earlier this summer that stated while they're on
course to begin adding the Immokalee area into their budget this
October, they were recommending delaying the survey of the Estates
area for another year.
Since that time, staff has changed their recommendation, and
they are going to be recommending to their board that they accelerate
that position, so that they can begin possibly spraying as early -- they
are going to do the survey this Fall for the Estates area, with possible
spraying in 2005. If I can answer any questions, I'd be happy to.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: This is the second year that we've
had -- probably the third year, that's right -- that we've had
supplemental request, and last year I was very, very clear in my
position when I asked that the Mosquito Control District expand their
boundaries so that we wouldn't have to have these supplemental
payments.
It is no secret there are mosquitoes in other parts of Collier
County, and to keep coming back and asking for general fund
revenues I think is unfair to the other taxpayers in the County. I
believe the people who live in these unprotected areas deserve
protection, they deserve the spraying, and it is Mosquito Control
District's responsibility to make sure that that money is collected
from them, and I'm very disappointed that there has been a delay.
I'm surprised that this hasn't been done much earlier. We were very
clear on that last year.
So I would suggest that this become the Mosquito Control
District's problem because it apparently is the case that that's the only
way we're going to get prompt action on this process. If we continue
paying this out of our other taxpayers' pockets, then there is not much
incentive for anybody to do anything.
So I would like to suggest that this Board disapprove this
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September 1 O, 2003
funding, and if there is a requirement, if there is no possibility of
covering this amount of money through other sources, then I would
only consider it under the term of a loan, and I would expect interest
to be paid for it.
So, however way we handle it, I think it is the Mosquito Control
District's responsibility, and I would strongly suggest we expand that
district -- or they expand their district as quickly as possible.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. You're right,
Commissioner Coyle. Of course, it comes down to a matter of
health, safety and welfare, and I've been raising the same question
about how we can get reimbursement, not only for this year, but in
past years. And everything I've asked, I've been told that there is no
mechanism in place that would allow us to go back for previous
years. That's regrettable. But I do agree what you're saying about
mosquito control. It should be on their tab because they're the people
who do it, and their argument has been that they don't know if they
have the personnel or the equipment to be able to do it, and I say they
do have because they're doing it now. The only thing that's different
is it's not on their tab, it's on ours.
They're having a meeting today at 3 o'clock that I -- well, it's
going on before that -- 3 o'clock certain I'm going to appear before
them, and I'm going to be talking about this very issue, and I'd like to
be able to carry the sentiments of this Commission to them, that if
they don't agree to return to the normal schedule, that that would be
one of the conditions of this money being paid, that we go back to
the original schedule.
Immokalee starts October 1 st, thank God for that, and that the
Estates get the survey this year, rather than next year, which we
originally agreed to, and we move forward. And if the Commission
would be agreeable to that, I'd be more than happy to pass it on to
them, and we could approve the money with that condition.
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September 10, 2003
COMMISSIONER COYLE: If I could, Mr. Chairman, I'd like
to suggest a modification of that. I would like to suggest that we
disapprove this funding, and then, following the meeting today of the
Mosquito Control District, obtain their proposal as to how they're
going to solve their problem, and then we'll consider any other
arrangements after that.
I think it would be premature to approve funding without
understanding what actions the Mosquito Control District is going to
take.
COMMISSIONER COLETTA: We have a little bit of a
problem though because if we disapprove funding, that means that
the spraying that's taking place now for health, safety and welfare
reasons will cease. Am I correct.'?
CHAIRMAN HENNING: That's correct.
MR. DUNNUCK: Not necessarily. The Mosquito Control
District, at their last meeting, say that they, too, feel that health,
safety, and welfare was first and foremost, and that what they wanted
to do was exhaust all funding possibilities. Absent that, that they
would help pick up the tab.
What we were looking to do is make sure that it was covered
one way or another, then to be able to negotiate that with them today
and discuss how that funding would occur. I don't know enough
about their budget to know how much capacity they have to cover the
$160,000 and can't answer that question, but we wanted to make sure
that at some level, similar I think to how Commissioner Coyle is
saying is, you know, let's cut off the -- let's cut off the drain right
now on the general fund and make them come up to the table. I think
that was the staff's recommendation on that, but we wanted to insure
that it was covered.
And if the Board wants to defer this money today following --
and following our discussions that we have this afternoon with the
Mosquito Control District, that may be one way of handling it.
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September 1 O, 2003
That's fine. But we, as staff, wanted to make sure that one way or
another it was covered.
From my perspective, you know, one of my concerns has been,
and I raised it, with at least the general fund, at least those people
who are receiving the benefit are paying some of the money because
they pay general fund taxes. The Mosquito Control people, if they
pay that portion of it, aren't.
COMMISSIONER HALAS: If I may?
CHAIRMAN HENNING: Commissioner, the other side of the
Commissioners' table wants to get involved with this. Commissioner
Fiala?
COMMISSIONER FIALA: Only just a fast one, I'll mm it back
to you. Thank you.
CHAIRMAN HENNING: And then Commissioner Halas.
COMMISSIONER FIALA: And my question is, this is so
necessary, we all understand it, sounds like we're all in agreement
here as we're moving forward. What I want to know is, if you're
taking a survey this Fall, why aren't you spraying next year? Why do
you have to wait a year and a half?. I mean, if you want to take it,
take it, and let's get on with it. So that's just my --
MR. DUNNUCK: Well, if I could help explain the process a
little bit from my perspective? They are going to do -- they are
looking -- the staff recommendation now for the Estates area. Now,
the Immokalee area comes on line October 1st.
COMMISSIONER FIALA: Yes, I know, but you said with the
Estates area in the Fall they're to take the survey and spray in 2005.
MR. DUNNUCK: And that's because of the tax roll issue. The
tax roll issue they have to work out. Once you do the survey, then
you have to work with the property appraiser's office, and you have
to establish them into the tax rolls of that district, and that's why
there's typically the delay.
That's why it took us from the period of time what we had
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September 1 O, 2003
before with the Immokalee area. We did the survey last Fall of the
Immokalee area, but we didn't get the property appraiser, we didn't
get it on the tax rolls and get it all clarified until the following year.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: I have to go along with
Commissioner Coyle. First of all, we have to make sure that we have
safety, health and welfare that we have to address here, and I think
that if there funds are needed, that this is going to be a loan, and that
will be it, and they have to get on with the program here of getting
everybody on board so that we don't continually have a drain on the
general fund.
And I have to go along wholeheartedly that there should be an
interest charge involved in this. So I think the message you need to
direct them is that they need to get on board quickly and not include
the Estates in 2005 but immediately, and this could be a loan, and it
could be paid back to us.
MR. DUNNUCK: Okay.
CHAIRMAN HENNING: Okay. Commissioner Coyle, then
Commissioner Coletta?
COMMISSIONER COYLE: I would like to make a motion that
we disapprove this funding, and that we have you come back to us
following your meeting with Mosquito Control District. It is clear
that they have been doing the spraying. They must have the money
then to do the spraying, so what's going to happen today or tomorrow
that would be a health, safety, welfare problem? I don't know that I
understand it. I think it is very, very important that we send this
message loud and clear. We asked you to do it a year ago. It wasn't
done. We're not going to do this another time, and I would like to
make a recommendation that we disapprove this funding, and then
when you have the meeting with Mosquito Control District, we find
out what alternatives are available at that point in time.
CHAIRMAN HENNING: Okay. There's a motion on the floor
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September 10, 2003
by Commissioner Coyle to deny this item. Is there a second to that
motion?
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Second by Commissioner Fiala.
Discussion? Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. My comment was going
to be that the rules that the mosquito control is going by, their set of
procedures that they go to be able to bring somebody under the
district, aren't state procedures, they're ones that they came up with
themselves, and I do believe if there is a little bit of a squeeze put on
them, that they could be able to amend those procedures.
I don't think there's any way they're going to be able to get them
on the tax roll this year. Am I wrong or right?
MR. DUNNUCK: I don't believe they could.
MR. MUDD: Not now. It's too late.
COMMISSIONER COLETTA: But I -- in the first place, the
survey is a waste of time. I can tell you what the percentage will be
to begin with. It will be the same as the Estates and the same it was
in Immokalee, almost about the same no matter how you look at it,
and the people out there more so than ever would be for it, so I don't
really even think there's a need for a survey. I think they could
bypass that and go right next year to October 1st.
I asked the same question about the loans, and I was told it
wasn't possible. Let's go back and ask the question again because if
it is put off for another year, where is the funding going to come
from to carry us for the interim from this October to the following
October? It's not. It will fall back on us. But let's give it a try and
see what happens and we can bring it back. All the information from
the meeting and maybe have Mr. Van Essen -- Dr. Van Essen here to
also address us at the next meeting.
However, if we get to some sort of emergency push and shove,
and they're not going to back down or whatever, I suggest that at that
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September 10, 2003
time we deal with an emergency meeting, but I'll leave that up to the
Chair and the County Manager to put that into effect.
CHAIRMAN HENNING: Before I go to Commissioner Fiala,
my perspective is, I think Commissioner Halas hit it right on the
head. Approve it with the conditions that it is a loan to the Mosquito
Control. You know, that way, if they accept it, we don't have to see
it back.
COMMISSIONER COYLE: But you are not sure that you can
do it that way. As Commissioner Coletta has said, he's been told that
you can't do it as a loan.
CHAIRMAN HENNING: We can't loan them?
COMMISSIONER COLETTA: No, they got no mechanism to
go back and charge for previous years. They have to charge
everybody the same throughout the whole district, but we can carry
the question forward one more time and possibly somebody from the
County Attorney's office can accompany us.
MR. WEIGEL: Yeah. I thank you, Commissioners. I'd advise
the Board that we, the County, have to be very careful in a loan
context. There are Attorney General opinions that indicate the
limitation or prohibition of extending credit.
Well, obviously the debtor in this particular situation is a unit of
government, however, I think that any concept of loan that might
pass muster would have to have that district showing the wherewithal
and their own legal opinion of the capability of entering into that
relationship.
So I would urge you to have caution in that consideration of a
loan, or that money be approved on the context that it is a loan. It
could only be done with them providing an opinion, which is
acceptable to me on your behalf and the clerk on the taxpayers behalf
in general, that that concept could be created and utilized, and I tend
to think that it couldn't be.
COMMISSIONER COYLE: The motion as it now stands is a
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September 10, 2003
motion for disapproval, not for a loan.
MR. WEIGEL: Right, exactly. I have no problem with the
motion itself.
CHAIRMAN HENNING: Commissioner Coletta -- or Fiala?
COMMISSIONER FIALA: I just wanted to course back
another subject with Commissioner Coletta, in that I don't feel that a
survey is necessary. You're going to have people fighting one
another against it, but you've got little children waiting for buses in
the morning, and let's face it, the Estates is loaded with young
families with little kids, and with West Nile virus and encephalitis, I
feel it's necessary that we just move forward on that subject, as well.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: I agree with you wholeheartedly,
but I think what we need to do is we have to drive the point home
that they've got a -- that the Mosquito Control District has got a
responsibility and that they have to realize that they have to step up
to the plate, and they have to take care of the situation, and I think
that's what we're trying to find the avenue and which way to go
about, to make sure that we drive this point home, so that we don't
have a continuation of coming back to the Board of County
Commissioners to have general funds to take care of this mosquito
problem out there.
So I think that's where we stand at the present time, so we have
to find that avenue to figure out the best way to hold their feet to the
fire, more or less, to make sure that this isn't a continuation.
CHAIRMAN HENNING: All right. Any more discussion?
Seeing none, all in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
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September 10, 2003
CHAIRMAN HENNING: Opposed?
(No response.)
The motion carries unanimously. Thank you.
MR. DUNNUCK: Thank you, Commissioners.
CHAIRMAN HENNING: Let's take a ten-minute break.
(A short break was taken.)
Item # 10I
APPROVING THE ESTABLISHMENT OF A NEIGHBORHOOD
TRAFFIC MANAGEMENT PROGRAM (NTMP)/TRAFFIC
CALMING PROJECT VIA THE TRAFFIC MANAGEMENT
PETITION NUMBER 03-02, FOR THE AREA OF ESTEY
AVENUE, PINE STREET AND BROOKSIDE DRIVE FROM
SHADOWLAWN DRIVE TO DAVIS BOULEVARD/SR 84 FOR A
TOTAl, COST OF $16;000- APPROVF, D W/CHANGES
MR. MUDD: Commissioner, our next item--
CHAIRMAN HENNING: Yes, sir?
MR. MUDD: -- would be Item 10(I), which used to be
16(B)(2), and it was pulled off the consent agenda by Commissioner
Coyle. That is to address the neighborhood association's generated
request that the Collier County Board of County Commissioners
approve the establishment of a Neighborhood Traffic Management
Program/Traffic Calming Project via the adoption of a traffic
management Petition No. 03-02 for the area of Estey Avenue, Pine
Street and Brookside Drive from Shadowlawn Drive to Davis
Boulevard, which is State Road 84, for a total cost of $16,000. And
staff, Mr. Norman Feder will present this particular item.
MR. FEDER: Commissioners, I'll be extremely brief.
CHAIRMAN HENNING: Can't we go to questions first?
COMMISSIONER COYLE: Yeah, why don't we do that? I can
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September 10, 2003
do this real fast. I'm happy to see this. I'm glad you've gotten it
moving along, but any only request is that we modify it very, very
slightly to accommodate the needs of the neighbors who have
initiated this effort, and that is to put a couple of speed bumps --
temporary ones if necessary -- east of Shadowlawn on Estey and then
proceed with the rest of the program. If we can make that
modification, I think it's a great thing, it will make all those people
happy, and they are in fact the ones who are encouraging this process
and I would like to see them--
MR. FEDER: Commissioner, with all due respect, what we
have done on this process and I think you have got it in your backup,
the improvements already made to close off the two median openings
that stop the eastbound movement through the neighborhood have
already reduced volumes significantly. We had an off season, we're
going to work on season and speeds.
We also have a project, and actually I do want to make
everybody's attention to, in the write-up it inferred phase three, it's
actually going to be phase two. In October 15th we should start the
process of putting in sidewalks and putting a large median to divert
traffic from going westbound across Estey.
Because of the community's concern, we have looked at, in
addition to reducing the volumes and speed, was a desire to put in
what before you today, the eight speed humps, but we are trying to
put those in, again, west of Shadowlawn, both on Pine, Brookside,
and four of them on Estey itself, after we finish the sidewalk and the
other work, so we don't have two contractors out there.
My concern is it was trying to maintain Shadowlawn and Estey
-- at least Estey west of Shadowlawn to Airport-- as a viable
alternate to go around the Airport-Davis intersection. To put in speed
bumps, I think, pulls away from its function there.
Now, we have reduced volumes considerably, as I said, and I
think with these other actions, we will do that. What I'd like to
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September 10, 2003
propose, because I understand how strongly the Commissioner feels
on this, is that we do the phase two, which is shown here as phase
three, that we do phase three as speed bumps in the rest of the
neighborhood, and we continue to monitor, and if in fact our speed
and our volumes are not down sufficiently, that we come back in.
Lastly, we don't have an approved temporary speed bump.
Those have not been approved by the state or others for use, and so
we would have to put in basically a -- well, I won't call it permanent,
but a more permanent, if we are directed to do so.
COMMISSIONER COYLE: Well, a couple points. I
appreciate the fact that you've done some traffic analysis, but I'm
well aware of the fact that most of the resident protests have occurred
since we made the median changes on Davis, and there seems to be a
substantial debate about whether or not that really did increase traffic
or decrease traffic on Estey.
MR. FEDER: It has decreased traffic and speed.
COMMISSIONER COYLE: We are -- have been since we have
been discussing this, to the best of my knowledge, we have been in
the off season. I don't know when your traffic analyses were taken,
but I do know that there are a fairly large number of neighbors who
believe they need these things now.
MR. FEDER: We appreciate that. That's why I said we're are
continuing and will continue to monitor.
COMMISSIONER COYLE: And what I would prefer to do is
to see you not encourage cut-through traffic on Estey and
Shadowlawn. What I would prefer to see is us move ahead with the
improvements to intersection at Airport Road and Davis Boulevard
because there are school children walking in that area and playing in
that area, and I'd hate to see us start encouraging cut-through traffic
there.
So I still would like to ask the Board's support in directing that
we install two speed bumps between Airport Road and Shadowlawn
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September 10, 2003
on Estey.
MR. FEDER: I'd refer it to the Board's direction.
COMMISSIONER COYLE: And I'd like to commend you for
the program that you already have going.
MR. FEDER: Thank you, Commissioner.
COMMISSIONER COYLE: I'd merely like to add two speed
bumps.
CHAIRMAN HENNING: The -- from what I hear,
Commissioner Coyle, is probably two things. One thing is, there's
going to be speed bumps on Estey. You would just like to continue
them on further, to add some more further west?
COMMISSIONER COYLE: Exactly.
CHAIRMAN HENNING: And you also asked for Airport Road
interchange improvements.
COMMISSIONER COYLE: We can separate that one from this
issue because that's a bigger issue.
CHAIRMAN HENNING: Right. But I think by doing that,
you're going to solve a lot of problems.
COMMISSIONER COYLE: Absolutely.
CHAIRMAN HENNING: So why don't we cut to the chase and
direct staff to look at the intersections to find out what improvements
can be made because it's not just, in my opinion, going west, but it's
also on the other side of Airport Road that can be improved.
MR. FEDER: Our Airport at Davis has major problems.
Improvements to be made out of this government center and others
haven't been made yet, and we're six on six, so we do have problems
there we recognize.
CHAIRMAN HENNING: So Commissioner, you know, my
opinion is, let's go with what staff recommends and direct them to
start working on those intersection improvements on Davis and
Airport, and if that's the true resolution to it, let's get to that sooner
instead of spending money that is really not needed because -- I live
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September 1 O, 2003
on a -- moved on a road that has speed bumps. I don't particularly
care for them because I try to abide by the speed limit, but I'm not
going to ask to have them pulled out because, you know, my
neighbors are not going to approve that. So once you put them in
there you are going to have them in there.
COMMISSIONER COYLE: Well, the problem is that the
intersection improvements to Airport and Davis are not likely to be
done in the short term, and right now we have an existing problem, as
determined by the residents, and we have school children walking
down that section of the -- of Estey, and there's a crossing at Estey
and Airport Road.
So I would like to do what we can to assure that there's minimal
cut-through traffic in the short term, and if we wish to proceed with
the intersection improvements at Airport and Davis, I think that's a
wonderful thing to do, but I would hate to delay this action that's
being requested by the residents until such time as we can do an
intersection improvement program years from now.
MR. FEDER: Commissioner, if I could, let me ask a question.
We've got another thing we've been looking at because we know that
the concern was there between Estey and -- on Estey between
Shadowlawn and Airport. We've got a couple right now that are
paying -- of course we're putting expanded sidewalks in, I've already
mentioned that starting October 15th -- but we've got a small islands
there that are now painted. If we came in and made some islands
there to channelize and to refine that some, rather than move to the
speed bump, would that address the residents' concern and still
maintain its viability to relieve it at that intersection?
COMMISSIONER COYLE: I think it depends upon where you
put those barriers and how they're constructed, but if they would be
effective, I think the residents would be happy.
MR. FEDER: I believe they would be. Again--
COMMISSIONER COYLE: I hesitate to make a decision on
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September 10, 2003
their behalf until we can sit down and listen and talk with them about
it, okay?
CHAIRMAN HENNING: Okay. Commissioner Coletta and
then Commissioner Halas?
COMMISSIONER COLETTA: Yeah, I was just concerned the
way we were going there for a moment, but I think Commissioner
Coyle removed that one concern, and that was asking for the
intersection improvements, you know, when we haven't advertised it.
You're right, that's something that's a longer range solution to the
whole thing.
I am concerned. I'd like some answers to -- how is this going to
affect the rest of the traffic flow? Who is this going to put the traffic
flow on to remove it from this neighborhood? In other words, we
had interconnectivity, and we're removing it. What's the end results
we're getting, and is this just the end -- or the beginning of it, and
we're going to start going through the whole area and removing more
interconnectivity?
MR. FEDER: Commissioner, you haven't removed
interconnectivity. What you have done is this community, and for
quite some time in fairness to the folks out there that have been
frustrated with this, there's been cut-through traffic through their
neighborhood, basically using it as a way to get around, as I believe
we were just discussing, the Davis-Airport intersection.
People in both directions were taking it as an avoidance, going
out by Brookside-Pine as well as Shadowlawn, but particularly
Brookside-Pine, and then pulling down Estey to Airport to the signal
to try to get around that intersection.
As I said, while it's an off-season count, we need to continue to
monitor, it appears that we've significantly reduced some of that
traffic. Definitely we've addressed a lot of the eastbound traffic by
not allowing -- modifying the median on Davis itself, not allowing
the turns into Brookside and Pine.
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September 1 O, 2003
I believe, as the Commissioner points out, that has raised some
concern among the residents about accessibility themselves, but it
has definitely reduced the cut-through traffic, and therefore we're
pretty content -- convinced it has reduced volumes as well as speed,
be it off season, and we're going to continue to monitor that.
To address the westbound movement, they're still using as a
cut-through because the medians don't stop in the westbound
maneuver. We have what you see in your write-up as phase three, it
really is going to be phase two because we're ready to let the 15th of
October, which is sidewalks throughout the lane, but in particular, as
you're coming off of Airport on Estey approaching Shadowlawn,
you're going to see a large median treatment that will basically move
the -- Estey itself out around it, so as you're coming to Shadowlawn,
you don't see that visibility straight ahead and that drive to move in
that direction. The skip bar, stop sign, will make the Estey to
Shadowlawn the maneuver to bring people down to that signal and
then get them onto Davis and not driving through the community.
The concern that the Commissioner is raising is just that. While
that addresses basically west of Shadowlawn, and we feel very
effectively and we're going the extra mile with the speed bumps as
well, we still are having traffic on that section of Shadowlawn and on
Estey between Shadowlawn and Airport.
COMMISSIONER COYLE: And that's the part I'm concerned
about.
MR. FEDER: Of course, we understand that, and that's why I'm
saying maybe some median modifications short of speed humps
might be a further way to try and respond to it, but again, we'll take
direction from the Board. But just so you understand that it not
closing off interconnectivity, it's just trying to discourage through
trips through the neighborhood.
COMMISSIONER COYLE: And speed.
MR. FEDER: And speed, yes.
Page 57
September 1 O, 2003
MR. MUDD: And we're not-- and Commissioner, I will tell
you we're not done with this. We still have items that have to come
back to the Board, and there's a series of phases, as we make a
change, we monitor. We make the next phase, we monitor. We're
not going to overkill the area, okay, but you know, it's like
Columbus, Ohio, where you had a thousand lights at every
intersection, if you've ever been through downtown Columbus. That
was overkill. We want to make sure that we do the prudent changes,
that we make the changes that are necessary for the neighbors so that
they don't have a drag strip down their street and people are doing
those kinds of things, and we want to provide those residents and try
to help them because they have issues. And we'll explore every
avenue in this particular case, and it's not done. It is a series of
phases that we're doing.
COMMISSIONER COYLE: Can we depend upon staff to get
with the neighbors and deal with something east of Shadowlawn on
Estey?
MR. FEDER: We very strongly already have that feel as
direction from the Board.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yes. I know speed bumps cut
down speed, but I'd like to -- if we do go with the additional speed
bumps, I think we ought it put in there that upon the completion of
intersection improvements at Airport and Davis Boulevard, that those
two speed bumps then are removed. If we want to go that way.
COMMISSIONER COYLE: Well, why don't we wait and
evaluate the effectiveness of them, if you could, because right now
we are working off season. We really don't have a good idea of what
is happening, and when we get peak season, we'll understand a little
better what we have been able to accomplish.
MR. FEDER: It's very clear to me what the Commissioner and
the Board's concerns are on the section of Shadowlawn and Estey
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September 10, 2003
between Shadowlawn and Airport is to find some issue to address
that. Am I correct, I am not being told necessarily to put the speed
bumps now, but rather work with the Commissioner and with the
community and evaluate a possible median, see if that can respond,
continue forward with the sidewalks, with the median landscaping, as
I mentioned at Shadowlawn and Estey, and with the speed bumps we
have here west of Shadowlawn?
COMMISSIONER COYLE: If you can-- if you have
alternatives that will meet the rest residents' requirements -- MR. FEDER: That would be our desire.
COMMISSIONER COYLE: -- then I have no problem with it.
CHAIRMAN HENNING: Would you like to make a motion?
COMMISSIONER COYLE: Yeah. I would like to make a
motion that we approve this project, with the stipulation that staff
will work with the residents to include some kind of traffic control
measures east of Shadowlawn on Estey Boulevard.
MR. FEDER: And on Shadowlawn.
COMMISSIONER HALAS: I'll second that.
CHAIRMAN HENNING: There's a motion by Commissioner
Coyle, second by Commissioner Halas. Any discussion on the
motion?
Seeing none, all in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING:
(No response.)
MR. FEDER: Thank you.
CHAIRMAN HENNING:
MR. MUDD:
Any opposed?
Motion carries unanimously.
Mr. Chairman, we forgot to do one thing, and I'd
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September 10, 2003
like to do it while I still have five Commissioners. At public hearing
for the 2002 Cycle of Growth Management Plan Amendments. It's
Item 8(F). We had one piece that we didn't do, and I guess we're
missing Stan. I noticed when David was here he shaved his face and
maybe he forgot it.
But we have to say that the Board of County Commissioners
adopt or adopt with changes, and you basically adopt it and transmit
to the DCA and other required agencies the 2002 Cycle of Growth
Management Plan Amendments and CP-2001, three, four, five, and
CPSP-2002, six, seven, eight, nine, ten, and eleven, and I need a
motion.
CHAIRMAN HENNING: Motion to approve?
COMMISSIONER COYLE: So moved.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: Motion by Commissioner Coletta,
second by Commissioner Halas.
All in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
Motion carries unanimously. Okay.
Item #9B
RESOLUTION 2003-306 APPOINTING CLAY C. BROOKER TO
THE DEVELOPMENT SERVICES ADVISORY COMMITTEE-
ADOPTED
Page 60
September 10, 2003
MR. MUDD: That brings us to 9(A).
CHAIRMAN HENNING: 9(A)?
MR. MUDD: Yes, sir.
COMMISSIONER FIALA: 9(A) is deleted.
MR. MUDD: Excuse me, 9(B). 9(B), and that's an appointment
of member of the Development Services Advisory Committee.
COMMISSIONER COLETTA: Motion to approve the
committee's recommendation of Clay Brooker. COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: Motion by Commissioner Coletta,
second by Commissioner Halas.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
Motion carries 5-0.
Item #9C
RESOLUTION 2003-307 APPOINTiNG DAVID L. BESWICK
AND WILLIAM T. LEWIS TO THE CONTRACTORS'
IJCENS1NG BOARD- ADOPTED
MR. MUDD: The next item is 9(C), it's appointment of
members of the Contractors' Licensing Board.
COMMISSIONER FIALA: I noticed here -- I'm sorry, I just
jumped in there.
CHAIRMAN HENNING: No, go ahead, jump.
Page 61
September 10, 2003
COMMISSIONER FIALA: According these notes, Mr. Rick
Bell is not a registered voter and therefore does not meet the criteria.
MS. FILSON: That's correct, and I always telephone them just
to insure that that's correct. And he admitted that he wasn't, but said
that he would register and bring me in his registration, and I have not
received it.
COMMISSIONER FIALA: Okay, fine. Then I nominate David
Beswick and William Lewis.
CHAIRMAN HENNING: Motion on the floor.
COMMISSIONER HALAS: I'll second that.
CHAIRMAN HENNING: By Commissioner Fiala, second by
Commissioner Halas.
All in favor of the motion, signify by saying aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
Motion carries unanimously.
Item #9D
RESOLUTION 2003-308 APPOINTING CHERYLE NEWMAN TO
THE 1-75 GOLDEN GATE PARKWAY AD HOC ADVISORY
COMMITTEE - ADOPTFD
MR. MUDD: The next item is appointment of members of the
1-75 Golden Gate Parkway Ad Hoc Advisory Committee.
(Commissioner Coyle left the meeting.)
CHAIRMAN HENNING: Motion to approve Sheryl Newman
Page 62
September 10, 2003
COMMISSIONER COLETTA: Second.
CHAIRMAN HENNING: -- and waive the Ordinance number
2001-55. Seconded by Commissioner Coletta.
All in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
Motion carries unanimously.
Item #9E
RESOLUTION 2003-309 APPOINTING PHILIP J. MCCABE,
MICHAEL P. VALENTINE AND PETER H. VAN ARSDALE TO
THE BAYSHORE/GATEWAY TRIANGLE LOCAL
REDEVEI.OPMENT ADVISORY PlOARD - ADOPTED
MR. MUDD: The next item is 9(E), appointment of members
of the Bayshore Gateway Triangle Local Redevelopment Advisory
Board.
COMMISSIONER FIALA: We have three members that have
applied, and I would like to make a motion that we accept all three
members.
CHAIRMAN HENNING: Motion by Commissioner Fiala,
second by --
COMMISSIONER HALAS: I'll second it.
CHAIRMAN HENNING: -- Commissioner Halas.
All in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
Page 63
September 10, 2003
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
Motion carries unanimously.
Item #9G
RESOLUTION 2003-310 REAPPOINTING ROBIN E. DOYLE, JR.
AND E. RAYMOND REWIS, SR. TO THE COLLIER COUNTY
AIRPORT AUTHORITY (LEAVING ONE POSITION VACANT)-
ADOPTED
And we already did (F).
MR. MUDD: We did 9(F), the next one is 9(G), appointment of
member to the Collier County Airport Authority.
COMMISSIONER COLETTA: I would like to -- if I may -- I
would like to go with the committee recommendations of Robin
Doyle, E. Raymond Rewis, and Gene Schmidt.
COMMISSIONER FIALA: I'll second that.
CHAIRMAN HENNING: There's a motion by Commissioner
Coletta, second by Commissioner Fiala. Discussion?
Commissioners, the Executive Director -- the interim Executive
Director, we are recommending that he be a member of the Airport
Authority, and as we see in the media, they would like to appoint a
permanent member, and knowing that Commissioner Coyle is
working with the County Manager to resolve these issues, they are
still going to be without an Executive Director.
COMMISSIONER COLETTA: Until that point in time they
come back with a recommendation.
CHAIRMAN HENNING: Recommendation? For a permanent
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September 10, 2003
one.
COMMISSIONER COLETTA: That's correct.
CHAIRMAN HENNING: Okay.
COMMISSIONER COLETTA: That's my understanding, what
was yours?
CHAIRMAN HENNING: Well --
COMMISSIONER HALAS: That's what I thought, too.
COMMISSIONER FIALA: Me, too.
CHAIRMAN HENNING: That's fine. I just want everybody to
be aware of that, and the Board the -- has to confirm the Director for
the Airport Authority according to the ordinance.
MR. MUDD: According to the ordinance -- if I've read it wrong
-- according to the ordinance, and I don't have it in front of me right
now, the Airport Authority can appoint a Director, and you've given
them and delegated that authority to the Airport Authority as the
ordinance presently is written, and that's one of the things I need to
talk to Cormnissioner Coyle about that's this afternoon that I've got
my meeting with --
CHAIRMAN HENNING: Okay.
MR. MUDD: -- to talk about straightening or tightening up the
ordinance so that there's some things that happen that come in front
of the Board of County Commissioners that you as a Board have said
that you would like to see.
CHAIRMAN HENNING: Okay. Well, that's great. It's my
feeling is, we still have a lot of unsettled issues with the Airport
Authority, and hopefully that we can resolve those and move
forward, instead of letting everything dangle. Commissioner Halas?
COMMISSIONER HALAS: Yeah, I think we need to -- to get
right down to brass tacks. We need to decide whether we're going to
have an interim executive leader there, or whether we should have
somebody that's going to be at the helm, and I think therefore that
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September 10, 2003
person would have a lot better clout than being an interim leader, and
everybody realizes that that's the person that we want to put in there,
and I think he can get a lot more accomplished than what's going on
at the present time.
COMMISSIONER FIALA: I totally agree.
CHAIRMAN HENNING: Or we can have one Airport
Authority in Collier County.
COMMISSIONER FIALA: I don't agree with that.
CHAIRMAN HENNING: All right. I took everybody off the
topic, and I apologize.
COMMISSIONER COLETTA: No, you did a good job, that
fine.
CHAIRMAN HENNING: Okay. All in favor of the -- sir?
MR. MUDD: Commissioner, I think the issue that you really
want to talk about is, do you want to have a member of the Airport
Authority be the interim Director working for the other members, and
I think you have a conflict of interest. David, if speaking wrong
here, you let me know, but I think you have a conflict of interest
right now with Mr. Gene Schmidt as the interim Director in trying to
appoint him to the Airport Authority. It might be more prudent -- not
to say that he isn't a great person and a great citizen doing all those
good things -- you might want to withhold and hold one seat open
until the interim director, director thing is resolved, so that if you
really want Mr. Schmidt to be part of the Airport Authority after they
recruit and get a permanent Director, then you'll have that latitude.
But I think if you appoint him to the Airport Authority as the
interim Director, I think you've got a conflict of interest there.
COMMISSIONER COLETTA: I agree. I amend my motion to
remove Mr. Schmidt at this time.
COMMISSIONER FIALA: And leave a place open, leave one
seat?
COMMISSIONER COLETTA: Leave it open.
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September 10, 2003
COMMISSIONER FIALA: I'll second -- I'll include that in my
second.
MS. FILSON: So we're only going to appoint two members to
the Airport Authority?
CHAIRMAN HENNING: Yeah. That was Robin Doyle and
Raymond Rewis.
MS. FILSON: Rewis.
CHAIRMAN HENNING: Rewis. Okay.
Any discussion on the motion?
All in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
Motion carries 4-0.
Item #9H
RESOLUTION 2003-311 APPOINTING DENVER STONE,
MICHAEL C. BRIDGES, DEBRA WRIGHT; RE-APPOINTING
ROBERT D. LAIRD AND HEATHER ROCKCASTLE; AND
CONFIRMING CLEVELAND CLINIC REPRESENTATIVE, DR.
JOEL MOLL AND SHERIFF'S OFFICE REPRESENTATIVE,
CAPTAIN ALBERT BEATTY TO THE EMERGENCY MEDICAL
SFRVICF, S ADVISORY COIJNCII~- ADOPTFD
MR. MUDD: Next is item is 9(H), appointment of members to
the Emergency Medical Services Advisory Council.
MS. FILSON: On this committee, Commissioners, if you
reappoint Robert Laird, you'll need to waive Section 7(b) of 2001-55,
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September 1 O, 2003
and also, I received a letter of resignation from the Commission
District five seat, and I guess I just assumed they had sent it to
EMSAC and they hadn't. EMSAC did review Deborah Wright's
request for appointment, but they didn't consider it because they
didn't realize that seat was vacant, but they didn't have a problem
with her.
CHAIRMAN HENNING: Okay. So actually, if we accept the
resignation, we're appointing four and -- reappointing four.
MS. FILSON: We have a vacancy in District five, and they did
review her application, they didn't have a problem with it, but they
didn't actually recommend her because they didn't realize it was
empty, so it's up to the Board.
CHAIRMAN HENNING: Okay, I understand.
MS. FILSON: There are five vacancies.
CHAIRMAN HENNING: I thought Mrs. Wright -- Ms. Wright
stepped down.
MS. FILSON: No.
COMMISSIONER FIALA: May I ask one question before we
proceed?
CHAIRMAN HENNING: Sure.
COMMISSIONER FIALA: It says on the top here to appoint
five members and confirm two members. Does that mean the two
members that are reappointed also get a confirmation? I wasn't --
MS. FILSON: The confirmation is someone representing the
Sheriffs department and Cleveland Clinic. And they are --
COMMISSIONER FIALA: Oh, these guys down here?
MS. FILSON: Yes.
COMMISSIONER FIALA: Okay.
CHAIRMAN HENNING: Okay.
COMMISSIONER FIALA: I make the motion to approve the
committee recommendations of Denver Stone, Michael Bridges,
Robert Laird, Heather Rockcastle and Deborah Wright -- who was
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September 1 O, 2003
not actually recommended until after the fact. And I also wish to --
let's see --
CHAIRMAN HENNING: Waive the ordinance 2001-55, Mr.
Laird?
MS. FILSON: You got it.
CHAIRMAN HENNING:
And confirm the other two?
MS. FILSON: And confirm the other two.
CHAIRMAN HENNING: There's a motion by Commissioner
Fiala.
COMMISSIONER COLETTA: Second.
CHAIRMAN HENNING: Second by Commissioner Coletta.
All in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
Motion carries 4-0.
Okay. There's a motion on the floor.
Item #91
RESOLUTION 2003-312 APPOINTING ERNEST A. LABRADOR
TO THE HISPANIC AFFAIRS ADVISORY BOARD- ADOPTED
MR. MUDD: The next item is 9(1), appointment of member to
the Hispanic Affairs Advisory Board.
CHAIRMAN HENNING: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Henning,
second by Commissioner Fiala.
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September 10, 2003
All in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
Motion carries 4-0.
Item #9J
RESOLUTION 2003-313 APPOINTING COMMISSIONER
FRANK HALAS TO SERVE ON THE COUNTY CANVASSING
BOARD- ADOPTED
MR. MUDD: The next item is 9(J), appointment of
Commissioner to serve on the County Canvassing Board.
CHAIRMAN HENNING: We have a problem with that.
COMMISSIONER FIALA: Nope, we have one person that we
could get on there, and that would be Frank Halas because he's the
only one not running for office or not supporting a candidate in an
office.
COMMISSIONER HALAS: Thanks a lot.
COMMISSIONER FIALA: Hey, you're lucky.
COMMISSIONER COLETTA: You'll love it, you're a natural.
CHAIRMAN HENNING: Well, no. We still have a problem,
Commissioner. We need to appoint a member and an alternate.
COMMISSIONER COLETTA: Why is Commissioner Coyle
dealt out of this? He's not running in '04, is he?
CHAIRMAN HENNING: Let's get the clarification.
MR. WEIGEL: Thank you. I think it's wise, generally, for the
Board to have an alternate delegated, so that if the regular selectee on
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September 10, 2003
the Commission is unavailable, there's a seamless slide over of the
alternate. It's not required by law that we see, but to the extent that
Mr. Coyle, as an example, might be designated and selected as an
alternate, if his status changes in any way, and he could not serve as
an alternate, that's just the way it goes.
Ultimately, my advice to you and discussion that I have with the
elections office would be that ultimately if there was an inability
through sickness, absence, emergency for there to be no member, no
viable, legal member of the Board that could serve on the Canvassing
Board, the Canvassing Board will operate with two members, just as
they do from time to time.
So it's not a problem from the Canvassing Board's standpoint
that there is or is not ultimately a member before them, and that's just
looking at hypothetical situations that may occur, but Mr. Halas is
certainly -- there's no issue at all as to his ability to be selected by
this Board to be the regular delegate from this Commission on the
Canvassing Board, and if Mr. Coyle is selected as an alternate for our
records here and for the record of the Canvassing Board to know that,
and he no longer at some point has the ability to serve, that's just the
way it goes and it's not a problem.
COMMISSIONER COLETTA: I would like to -- would you
add Commissioner Coyle as the alternate?
COMMISSIONER FIALA: I certainly will.
CHAIRMAN HENNING: Okay. Who is the -- who is going to
be the primary?
COMMISSIONER FIALA: Frank Halas. So I would like to
make a motion that we nominate Frank Halas to fill this position with
an alternate of Commissioner Coyle.
COMMISSIONER COLETTA: Second.
CHAIRMAN HENNING: There's a motion by Commissioner
Fiala, second by Commissioner Coletta.
All in favor of the motion, signify by saying aye.
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September 1 O, 2003
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
Motion carries 4-0.
MS. FILSON: May I ask with a question? Is this for the year
2004, and the remainder of this year will be the current ones?
CHAIRMAN HENNING: Correct.
Item #9K
RESOLUTION 2003-314 REAPPOINTING LAVERNE
FRANKIJIN AND APPOINTING IRENE C. WILLIAMS AND
MARY LINDA SANDERS TO THE BLACK AFFAIRS
ADVISORY FIOARD- ADOPTED
MR. MUDD: Next item is 9(K) and it's appointment of
members to the Black Affairs Advisory Board.
CHAIRMAN HENNING: I'll make a motion that we appoint
the applicants.
COMMISSIONER FIALA: Second that motion.
CHAIRMAN HENNING: There's a motion by Commissioner
Henning, second by Commissioner Fiala.
All in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
Page 72
Motion carries 4-0.
September 10, 2003
Item # 1 OB
APPROVING FUND1NG IN THE AMOUNT OF $98,000 FOR
THE CREATION OF A NON-PROFIT HOUS1NG
DFJVEI.OPMFNT CORPORATION (HDC)- APPROVED
MR. MUDD: Commissioners, yesterday you did 9(O), you
gave the attorney some direction to tighten up the ordinance. We just
did 9(M) before. Ten Alpha was done yesterday. That takes us to
10(B), which is to approve funding in the amount of $98,000 for the
creation of a non-profit Housing Development Corporation, HDC.
And Mr. Cormac Giblin will be the presenter.
MS. FILSON: And Mr. Chairman, I have a speaker for this one,
as well.
CHAIRMAN HENNING: I'm going to make a motion to
approve.
COMMISSIONER COLETTA: I'll second it.
CHAIRMAN HENNING: There's a motion by Commissioner
Coletta -- there's a motion by Commissioner Henning, second by
Commissioner Coletta. Discussion, questions?
COMMISSIONER COLETTA: No, not a question. I just think
for the record, we ought to read in exactly how this is being financed
because that was a bone of contention before.
MR. GIBLIN: Commissioners, it says we recommend it be
financed for a total of $98,000 for fiscal year '04 by a combination of
$59,000 coming from our interlocal agreement with the City of
Marco Island and Affordable Housing interlocal agreement, and
$39,000 from an old community development block grant that was
made -- a loan that was made to the Goodland Bay Marina.
CHAIRMAN HENNING: Okay. Please call up the speaker.
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September 10, 2003
MS. FILSON: David Ellis.
MR. ELLIS: Commissioners, I'll be brief. My name is David
Ellis, and I'm actually here today on behalf of the Affordable
Housing Commission.
This is really the first step and one of the first legs in the Work
Force Housing Task Force that Commissioner Fiala worked so
strongly with the recommendation of moving ahead with the housing
development corporation.
We're very pleased to be bringing this forward, and we're
looking forward to coming back with a lot of the details, the budget,
how it's going to work and hopefully your participation in this. It's
going to be, I think, a very flexible and a very useful tool that we're
going to be able to use to do a lot of different things to address our
affordable housing needs. So thank you very much, we appreciate
your consideration today.
CHAIRMAN HENNING: Thank you. Any questions on the
motion?
Seeing none, all in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
Motion carries 4-0.
MR. MUDD: Okay, we did-
Item # 1 OF
AUTHORIZING STAFF TO NEGOTIATE AGREEMENTS
BETWEEN THE AGENCY FOR HEALTH CARE
ADMINISTRATION AND NAPLES COMMUNITY HOSPITAL
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September 10, 2003
FOR PARTICIPATION IN THE UPPER PAYMENT LIMIT
PROGRAM FOR SERVICES PROVIDED ON BEHALF OF
HUMAN SERVICES DEPARTMENT, COUNTY HEALTH
DEPARTMENT, AND DAVID LAWRENCE CENTER TO
AGENERATE AN ADDITIONAL $537,197 IN FEDERAL
MATCHING FIINDS- APPROVED
CHAIRMAN HENNING: The next item is 10(F).
MR. MUDD: We did 10(C), we continued 10(D), we approved
10(E), that brings us to 10(F), which is recommend that the Board of
County Commissioners authorize staff to negotiate agreements
between the Agency for Health Care Administration and the Naples
Community Hospital for participation in the Upper Payment Limit
Program for services provided on behalf of the Human Services
Department, County Health Department, and the David Lawrence
Center to generate an additional $537,197 in federal matching funds.
And Mr. Dunnuck will be the presenter.
MR. DUNNUCK: Good morning, Commissioners. For the
record, my name is John Dunnuck, Public Services Administrator.
This is in essence the second leg of a federal matching program. If
you recall, we presented one previously that dealt with state and
federal matching to create the Primary Care Clinic.
In our proposal for this one, this is another available federal
grant program where we can leverage 17 and a half percent of local
dollars, and in essence the way we're proposing it is, we can create
the existing programs that we presently have today in the David
Lawrence Center, the Health Department and the Human Services
Department, and we provide those continued services, but by
leveraging this money, we could save the county about $550,000 of
general fund money.
We want to begin the process of officially negotiating with the
hospital. We worked with the attorney's office, both with our
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September 1 O, 2003
attorney's office and with the Tallahassee group, and we believe this
is a program that's very viable and one we are pretty excited about.
COMMISSIONER COLETTA: Motion for approval.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Coletta,
second by Commissioner Fiala. Any discussion?
Seeing none, all in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
Motion carries unanimously.
Item # 1 OH
AWARDING A CONSTRUCITON CONTRACT IN THE
AMOUNT OF $5,920,319.69 TO BETTER ROADS INC., AND
ALLOCATION OF $590,000.00 (10% OF THE CONSTRUCTION
COST) FOR CONTINGENCY PURPOSES TO CONSTRUCT THE
GOLDEN GATE PARKWAY SIX LANE IMPROVEMENT
PROJECT, FROM LIVINGSTON ROAD TO SANTA BARBARA
BOULEVARD, PROJECT NO. 60027, BID NO. 03-3552-
APPROVF, D
MR. MUDD: Commissioner, that brings us to 10(H), which is
to award a construction contract in the amount of $5,920,319.69 to
Better Roads, Inc. and allocate $590,000, which is 10 percent of the
construction costs, for contingency purposes to construct the Golden
Gate Parkway Six Lane Improvement Project from Livingston Road
to Santa Barbara Boulevard, Project No. 60027, Bid No. 03-3552,
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September 10, 2003
and Mr. Strakaluse will present.
CHAIRMAN HENNING: Commissioner Coletta has a
question. Commissioner Coletta?
COMMISSIONER COLETTA: I don't want to deal with this
today. I want this thing continued to the next meeting. I noticed that
our County Clerk or his designee has been absent for this particular
meeting, yesterday and today, and I would be looking for his
guidance on it and will not move without it. Motion for continuance.
CHAIRMAN HENNING: There's a motion on the floor by
Commissioner Coletta. Is there a second on the motion?
COMMISSIONER FIALA: I'd like to discuss it a little bit
further.
CHAIRMAN HENNING: Motion fails, lack of a second.
Commissioner, I understand your concerns. You know, we've
asked the clerk to be here. I don't know anything that we can do
except for hogtie him and bring him in.
COMMISSIONER COLETTA: Well, I -- without his guidance,
I don't think I'm really prepared to move on this item.
MR. STRAKALUSE: Commissioners, this isn't one that's likely
to be modified substantially in the future -- it's a four to a six lane,
understood that the clerk's office needs to be involved.
COMMISSIONER COLETTA: I'll compromise if somebody
will call the clerk's office and ask him to come over here.
MR. MUDD: We're working on it right now, Commissioner.
COMMISSIONER COLETTA: Is there something else that you
wanted -- if you don't mind --
COMMISSIONER FIALA: No, that's all right.
COMMISSIONER COLETTA: I don't mean to hold this up.
COMMISSIONER FIALA: I had Chip Mitchell in my office
Monday, and we discussed any problem areas and he never brought
this up to my attention, so I didn't realize it was a problem area, but
I'm glad you're calling the clerk's office.
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September 1 O, 2003
COMMISSIONER COLETTA: Well, we didn't realize that
other areas were problem areas, and look where we are today.
CHAIRMAN HENNING: Okay. Would you like to move on?
MR. MUDD: We can get into communications or public
comment, if there's any sign-ups.
CHAIRMAN HENNING: Any public comments?
MS. FILSON: No, sir.
Item #15
COMMISSIONER HALAS WILL BE OUT OF TOWN ON
OCTOBER 8, 2003; COMMISSIONER HENN1NG: MANATEE
ISSUE, RED TIDE MEETING W/CONGRESSMAN-
DISCI ISSF, D
CHAIRMAN HENNING: Commissioners' comments and
staffs comments? Mr. Weigel?
MR. WEIGEL: No, no comments, not today. Thank you.
CHAIRMAN HENNING: County Manager, Jim Mudd?
MR. MUDD: Yes, sir.
CHAIRMAN HENNING: It's always a pleasure.
MR. MUDD: Sir. The first item is, we received a letter from
Representative Mike Davis, basically notifying you and all agencies
and the public that Tuesday, November 25, 2003, has been the date
set aside for the Collier County state legislative delegation public
hearings for local bills. I just wanted to put that on the record
because that letter's been out.
CHAIRMAN HENNING: On my calendar.
MR. MUDD: We are working with -- the second item is, we are
working with the Clerk of the Court to resolve the Immokalee Road
project process.
There has been correspondence that's been submitted to Mr.
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September 10, 2003
Weigel, and we're working through that process in a very cordial way
with the Clerk in partnership to try to find a way -- there are some
questions and we're trying to resolve that.
The next item is Marco Island is transferring -- as you know,
they're buying Florida Water's property. We plan to bring to you on
the 14th of October a -- that particular issue. I want to make sure you
know that because on the 14th -- they have to get the things resolved
by the 28th of October. They have their meetings the day prior to the
23rd of September. It would be a little too fast to get it to the Board,
without knowing all the details the night prior, so I've told City
Manager Bill Moss that we would bring that item to the Board on the
14th of October on the water sale.
The next issue is, I just want to make sure the board knows I've
received some correspondence from Commissioner Halas, and he
will be out of town on October 8th and unable to attend the LDC
Special Cycle Number One second hearing, so I want to make sure
that you know that, so that we at least have four Commissioners here.
I've also received a memorandum--
COMMISSIONER FIALA: Four Commissioners here? That's
October 8? If we could hook me up, I'll just be out of surgery, and
there's no way I'll be able to move out of the house.
MR. MUDD: I've got the -- your memorandum was next, okay?
CHAIRMAN HENNING: We'll hook you up.
COMMISSIONER FIALA: Okay.
MR. MUDD: We planned to have you on phone,
Commissioner.
COMMISSIONER FIALA: Okay.
MR. MUDD: Okay? And for that particular meeting, I also
received a memorandum from Commissioner Fiala. She has, and I
think all the Commissioners have a copy, she's going to go have her
knee operated on and hopefully it will get much better because of
that surgery, and there's a series of updates and times.
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September 10, 2003
We'll try to resolve all of those particular items, and we did do
the value adjustment board issue today. So, I just wanted to make
sure -- make sure you're aware of that.
The other issue is the Copeland receivership that we've been in,
okay, for their sewer. We finally got the connections in with
Everglades City and got all that stuff worked out. We had one little
glitch, and we worked that out within a matter of about six hours.
Bleu Wallace has gone back to the court and asked them to get us out
of receivership because we've successfully accomplished the mission,
and we're waiting for the judge to make that decision, to make that
happen, so we can get out of that. This is basically a success story in
a very nasty situation, and I think we've done due diligence as far as
the county, the Board and staff to get that resolved.
The last item is the proposed Ethics Ordinance. We've been
working on that. Ramiro Manalich, now Judge Ramiro Manalich, he
had worked on this. Mike Pettit had taken over. I have the County
Manager's piece being put out right now for signature, and I'll get
that mailed out with the changes to every employee, but the
ordinance changes will be coming to you next meeting on the 23rd of
September. I wanted to make sure that you haven't -- I wanted to
make sure that you knew that we hadn't lost sight of that because we
lost one attorney to go across the street, and we're back in that
process, so the Ethics Ordinance will be coming back to the Board on
the 23rd for approval.
That's all I have, Mr. Chairman.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yes. Just about every time we
have a Commission meeting here, we have to address boathouses in
Collier County. We have two areas in Collier County or some other
areas in Collier County where they allow no boathouses at all. I'd
like to direct staff to put something in writing that we just eliminate
boathouses and keep docks as they are, to eliminate boathouses so
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September 10, 2003
that we don't keep getting bogged down on this thing, and I think that
would help us in alleviating a logjam they always get into here.
We don't have it in Marco Island, and we don't have it in the
City of Naples, and I'd just-- I'd like to really see it just be
eliminated and people that have them presently be grandfathered in,
unless they become in disarray to the point of 50 percent or greater
and then they have to replace them -- or to get rid of them.
CHAIRMAN HENNING: Commissioner, my perspective on
that -- I understand what you are asking for -- I would like some
more information on that. I've been traveling all over the coast, and
you do see boathouses, so if we're going to take away property rights
COMMISSIONER HALAS: We're not taking away property
rights. They've still got their dock. It's just the idea that they're
becoming a nuisance to the neighborhoods, and I think that it's
interfering with the sight of the canals and things of this nature.
CHAIRMAN HENNING: Commissioner, it is a property right.
I'm sorry. You know, they have a right to petition their elected
officials to put this in. It's a property right, so that's where I stand on
that. I don't want to give that direction without more information.
Commissioner Fiala?
COMMISSIONER FIALA: And I'd want to check with my
people. I have a lot of constituents that live on different islands, so
I'd want to get their input. I wouldn't comment any further on that. I
have nothing else to say.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETTA: There's not enough here to give
direction, as far as bringing it back to eliminate it.
COMMISSIONER HALAS: We can give them direction to
come back and tell us the pros and cons, maybe, of it?
CHAIRMAN HENN.ING: Okay. So make it a regular item on
the agenda?
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September 1 O, 2003
COMMISSIONER HALAS: Yes.
CHAIRMAN HENNING: Under the County Commission?
Have Commissioner Halas bring it back, give us some history on it?
Want to do that, Commissioner?
COMMISSIONER HALAS: Sure.
CHAIRMAN HENNING: Okay. I have no problem with that.
MR. MUDD: Would you like to do it the first meeting in
October, give us some time to bring that, or would you like it the --
the 23rd of September is going to be a little --
COMMISSIONER HALAS: Yes, let's do it --
MR. MUDD: The 14th?
CHAIRMAN HENNING: You okay with that?
COMMISSIONER HALAS: Yeah.
CHAIRMAN HENNING: All right. We've got three.
COMMISSIONER FIALA: Gives me time to talk with my
constituents.
CHAIRMAN HENNING: Okay. You have nothing.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. I just want to
thank my fellow Commissioners for taking the time to hear
everything in great detail and not to rush it through, and to agree to
meet today to be able to conclude our business. I really appreciate
that, and I know the residents of Copeland appreciate the fact that we
stepped forward and helped to solve their problems and get them
hooked up to the Everglades City sewer system.
The Immokalee impact fees made a big difference to
Immokalee, and it's appreciated with what the staff came up with,
working with the residents there and the CRA funds.
Mosquito spraying, I can't tell you how much I appreciate the
fact that I got a supportive Commission that wants to see this thing
resolved.
And the Golden Gate Master Plan, last thing, that's been worked
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September 1 O, 2003
on for a year and a half with some major changes. It is going to
make improvements in the lives of people that live throughout
Golden Gate Estates and Golden Gate City, and I thank you today for
moving those things forward.
CHAIRMAN HENNING: Okay.
Commissioners, next week, I'm going to be meeting with
Congressman Goss, along with other elected officials. The topics
that I would like to cover is actually the Manatee issue, red tide --
there was one other issue. But I just want to ask my colleagues is
there something else that I need to bring up?
COMMISSIONER HALAS: I'd like to -- if you could bring up
possibly how we stand on the bypass road to Immokalee from State
Road 82 to 29.
CHAIRMAN HENNING: Okay. Did anybody send him any
information on that?
COMMISSIONER HALAS: I haven't, but I can definitely send
that to his office ASAP.
CHAIRMAN HENNING: Okay. Because I think Congressman
Mario Diaz-Balart is on the Transportation Committee --
COMMISSIONER HALAS: That's correct.
CHAIRMAN HENNING: -- for the right, on the federal side,
and I think he's going to handle that. If you want to give me the
information, I would be glad to provide it.
COMMISSIONER HALAS: Sure, I'll get that to you.
CHAIRMAN HENNING: Okay. All right.
Mr. Weigel?
MR. WEIGEL: Pardon me. I didn't have a comment on my
own, but in hearing the discussion about the October 8th Land
Development Code evening meeting with the County Manager and
the potential or actual absences of two Commissioners there, under
the Sunshine Law, the phone-in attendance of a nonpresent
Commissioner can be accomplished legally if there is a quorum
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September 1 O, 2003
present.
The Land Development Code requires a four super majority
vote in the first place, and I'm going to have to check very closely to
see if in fact that may require a physical presence of four persons
here to go forward on that.
My first inclination is that it will, and that we can't have a fourth
or fifth person not here, participating by telephone, Notwithstanding
that -- as we have done in the past, not only successfully but legally,
had the opportunity, of course, for full participation and hearing of
the public and the commissioner that's away.
But I think, and my initial advice right here is that -- opinion
would be that I believe we will have to have the four Commissioners
present in here, and I would be concerned that we would attempt to
operate without that factual situation here for October 8th.
CHAIRMAN HENNING: All right. Let us know.
MR. WEIGEL: I will. And now an altemative, of course, these
are advertised ahead of time -- well ahead of time, so if we have to
go to an alternate date, I would for the record ask that the Board
obviously have me working with the manager and your offices so
that we can get a date that's appropriately advertised, if we have to go
to that.
COMMISSIONER FIALA: And if it comes to that, I'll find a
way to get here. I mean, I can't drive myself, and I won't be able to
get here easily, but I'll get here, rather than have you delay that. I'll
be there, you know, if I can't do it from home.
CHAIRMAN HENNING: You're having surgery that day,
Commissioner?
COMMISSIONER FIALA: No. On the 26th of September I'm
having a total knee replacement. I get out of there five days later, but
he said I'm in the house three weeks. He wanted to put me into a
nursing home to keep me locked up.
CHAIRMAN HENNING: Okay.
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September 1 O, 2003
COMMISSIONER HALAS: I think that we ought to try to
move the date.
COMMISSIONER FIALA: I can do it.
CHAIRMAN HENNING: I don't see where there is a problem.
COMMISSIONER HALAS: We could move it a week later.
MR. MUDD: First -- let David first find out and give his
opinion on can we do it by phone, and we'll work through that
process, and I'll get with Mr. Schmitt and figure out what we can do
to reschedule, and we'll work through all that process, we'll work
through that and that issue, and then, ma'am, if you need to be at
home, you'll be at home, and we'll work something out.
COMMISSIONER FIALA: You could meet at my house.
COMMISSIONER COLETTA: Let's go to a week later.
Item #1 OH Continued
CHAIRMAN HENNING: Okay. No further comments, we're
going to go back to --
MR. MUDD: 10(H).
CHAIRMAN HENNING: Item 10(H).
MR. MUDD: Which is award of a construction contract in the
amount of $5,920,319.69 to Better Roads, Inc. and allocate $590,000,
which is 10 percent of the construction cost, for contingency
purposes to construct the Golden Gate Parkway Six Lane
Improvement Project from Livingston Road to Santa Barbara
Boulevard, Project Number 60027, Bid Number 03-3552.
CHAIRMAN HENNING: And your question is, Commissioner
Coletta?
COMMISSIONER COLETTA: I just wanted to check with the
Clerk of the Court, Dwight Brock, to see if he had any objection with
this. It is a contract. Mr. Brock?
MR. BROCK: Thank you, Commissioner. My name for the
Page 85
September 10, 2003
record is Dwight Brock. I'm the Clerk of Court. I just spoke to my
finance director, who has been working with your transportation
department. This one is a six lane road, bid six lanes, everything is
just the way it ought to be.
And I have another comment that I would like to make, since
we're dealing with a transportation issue and a major contracts. I'll
talk to you just for a moment about the issue that keeps getting quite
a bit of play in the press regarding Immokalee Road and Goodlette
Road, and I want you to feel comfort in that your staff, through your
County Manager's agency, through your County Attorney's office
and your transportation department, is working with me on a daily
basis in trying to resolve the issues.
Your staff have a role, they have a responsibility, and they have
a job they have to do. The Clerk's office has a role and a
responsibility and a job that we have to do that, you know, may not
all the time match, in terms of one may not work hand-in-hand with
the other all the time, and one of the things that your County
Manger's agency and your County Attorney's office is doing is trying
to make sure that those two functions, even though at first sight it
may not appear that, you know, they're working together on these
issues, we are working together to try to make the responsibility of
the manager and the responsibility of the clerk come out at the same
point, so that we don't have a problem down the road with these
issues.
That is exactly what is going on with the Immokalee Road and
the Goodlette Road, taking them from four to six lanes. We are
working through the issues. We have developed what the concerns
are, and I think I can speak both from Mr. Mudd's perspective, the
county's perspective, and my perspective, none of us have a desire to
take us down a road that is going to create a problem. Our objective
is get to a point where, under both of our responsibilities, that we all
feel good about what we are doing, and we think that we have done it
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September 1 O, 2003
the best way that we can this long.
That's where we are going with this, and they're working very
well with me and my staff in terms of trying to deal with these issues
that we are having to struggle through.
One of the things that they're confronted with is a great deal of
scrutiny that we are placing on these contracts that in the past was
never there and dealing with a lot of legal issues that may have
slipped by us in the past because the resources were not there to be
devoted towards those issues.
We are now dealing with those, and we are working
hand-in-hand in trying to resolve those. It's not an issue of us
working or fighting against each other. Norm Feder sitting right
behind me is constantly dealing with us in trying to get to where we
want to be in terms of not only getting the job done, but getting the
job done in compliance with the law. That's where we all need to be
as a group, as a county government as a whole, and that's where I
think both your staff, my staff, and the County Attorneys' office is
taking us, and I think that's going to ultimately be good for the
community, and they're all doing a good job at it.
COMMISSIONER COLETTA: And I want you to know, Mr.
Brock, I admire you and I value your expertise and your oversight.
The only thing I want to do is just make sure that when I have
something in front of me, that that document has had your oversight
to it, and if there's objection to it, I won't move on it, I just won't,
especially if you have objection to it. I'm not going to get in an
argument with the Clerk's office. If you say something isn't right, it
isn't right, but I'd like to know about it when it's in front of me.
One question I've got and I'll leave it to you for consideration,
you don't have to answer it now. On simple documents like this, they
have a sheet in the back there where our staff signs off on it, I know
occasionally even the Commissioners sign off if they had
involvement in it. Would there be any possibility of having your
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September 10, 2003
office sign off on these documents? MR. BROCK: In terms of--
COMMISSIONER COLETTA: So that we know that you have
seen it, and that the way that it is written at this point in time -- and if
we change anything or try to modify it, we do so through your office
and make sure that you have somebody here so we can address it?
MR. BROCK: I don't have a problem in signing off on it that
we've seen it. I want it to be understood and clear that, you know, a
lot of times when we see these documents, that we don't have all the
facts. We don't know all of the details. We have not been involved,
but, you know, one of the things that Mr. Mudd has created in his
office is, he has a staff meeting -- what is on Wednesday, Jim? MR. MUDD: Wednesdays before the Board meeting.
MR. BROCK: Wednesday before the Board meeting, in which
staff goes through these things, goes through these issues, and I have
a staff person there. Jim Mitchell is sitting there in that staff meeting
with Mr. Mudd and his staff people to identify these issues that we
can identify. In addition to that, we have a meeting with at least two
of the Commissioners on a biweekly basis to go through this and, you
know, we will do this with everyone. I know Commissioner Henning
does it. I've seen him, he's been up in my office. He meets with Jim
and I almost every two weeks. Commissioner Fiala does the same
thing. We will do it with all of you.
One of the things that I would like to point out is -- and you
know I have got to give Jim Mudd the credit for setting this process
up -- is in trying to involve us in all of these issues in plenty of time
to resolve whatever conflicts or whatever issues may arise, and we're
doing our best to try to do that.
Maybe one of the things that we ought to consider doing with
you is like we do with two of the other Commissioners where on a --
before the meeting, we sit down with you and go over with you, and
you can discuss with us the issues that you might have, and we can
Page 88
September 10, 2003
discuss with you the issues that we might have. That way, we have
identified all of those issues that we are aware of at that point in time.
But everybody has got to understand that at that preliminary stage of
the process, all of the facts that may ultimately come out have not
necessarily fledged, so we're going to have to deal with those as they
arise, but at least we are trying to deal with as many as we can up
front.
COMMISSIONER COLETTA: And I agree with you, sir, and
you're absolutely right, and I will take advantage of those meetings,
but I have to be honest with you, I'm not an attorney, and I don't
know all the questions to ask. Sometimes out here on the dias I have
comfort levels with certain items and I have uncomfort levels, and so
I rely on the people that are in front of me, which is my staff, my
County Attorney.
I would so much appreciate it if we could have a representative
from your office sitting here, at least during those items that would
pertain to your office and where you would play into it, so that I
could turn to you at that time if something's taking a different
direction and say, are we going the wrong way, should we stop right
now and send this back to staff and your department to be able to
rework it, rather than go forward and find out after the fact that we
erred. Because you are a very valuable member of this whole
process, and I want your input, I really do.
MR. BROCK: You know, I'll have to apologize to you, but I'll
apologize to you with explanation in that I haven't got someone
sitting up on the dias yesterday and today. I mean, we try to have
someone there with all of the issues that we could possibly
contemplate would arise that would involve issues with us.
But one of the problems that we're having to deal with right now
is without any additional funding or staffing, the legislature has
dropped on us what was House Bill 113A, which deals with
Implementation of Amendment 7 to Article 5, which has required an
Page 89
September 10, 2003
absolutely unbelievable amount of my resources in my office in
trying to comply the reporting requirements that they have placed
upon us. They gave us that, that was signed into law five days before
we had to start implementing it.
So my staff has been jumping through hoops. I mean, I made
the comment in a meeting this morning and I will make it here. You
know, we have been as busy as a one-legged man in a fanny kicking
contest trying to deal with those things that are created as a
consequence of these requirements that have been placed on us by
the legislature.
We have been over in a meeting this morning, and the reason
that I am here now is because we were monitoring this and watching
this and saw this come up, so shot out the back door to get over here
to deal with it. So I apologize that there's not somebody here, but I
told you going in that there are going to be occasions in which other
things come up that I have to deal with. But I intend, at your request,
to try to have someone here to deal with these issues as they arise.
Today was simply a, you know, the exception to the rule as opposed
to the rule.
And with regard to this particular contract, the bidding is --
we've been through it, we've looked at it, it was bid six lanes, it's
dealt with six lanes, my staff has spoken to -- I don't know whether it
was Norm, but somebody over at the transportation department and
talked about it.
You know, there was an issue that we discussed with them about
the contingency portion, and we will continue to be discussing that
with them, but other than that, we don't have a problem with it.
COMMISSIONER COLETTA: Thank you, sir.
MR. BROCK: You know, I'd like to thank the Commission for
having staff work with us and making us an integral part of the
process like we are becoming so that, you know, we deal with a lot of
these issues that in the past have created a lot of antagonism, a lot of
Page 90
September 10, 2003
animosity, and an adversarial relationship between the Clerk's office
and the Board, and, you know, that has developed over years, and it's
not going to go away like that. It's not going to be an instantaneous
fix, but I can tell you there is a concerted effort on everybody's part
that I'm having to deal with in this county that that no longer exists
and we deal with these issues.
You know, we're not -- I heard Mr. Mudd say one time in a
Board of County Commission meeting, you know, we're not always
going to agree, but we're going to look at it, we're going to either
agree or we're going to agree to disagree and agree with the
mechanism to resolve the disagreement. That's all that I think
anybody can ask of us, understanding that we have different roles in
government.
CHAIRMAN HENNING: Mr. Brock, the item on the agenda --
I appreciate your involvement and you brought out some other issues
that I must comment on. You know, if we're working so good
together, our staff and the Board of Commissioners, why am I
reading in the media that we're not?
MR. BROCK: I can't answer that question.
CHAIRMAN HENNING: Why are we taking this to the
media?
MR. BROCK: Why are we taking what to the media?
CHAIRMAN HENNING: Well, the recent article about
Immokalee Road and Goodlette Road and things like that. I mean, it
sounds like we're not working close together, we're not resolving
issues.
MR. BROCK: I think that is an incorrect perception, if that's is
the perception that is out there. One of the things that everyone has
to understand about my office, my office is an open book. Okay?
I'm a public servant. If someone calls me up and asks me a question,
I'm going to answer that question. That will never change as long as
I'm an elected official. That's my role and my obligation to the
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September 10, 2003
public, and I'm going to answer the question.
Now, how people interpret or portray that particular answer, I
have no control over. I will continue to state facts as long as I'm a
public official, and that will never change. I think that's my
obligation, and, you know, other than that, I don't know how to
address your question.
CHAIRMAN HENNING: Okay. Well, the next question is
why am I getting a call from the Republican executive committee
chair has concerns about change orders. If we are working so close
together and I thought we had that resolved, but obviously there's
still concerns by Clerk from what I hear from the Chairman of the
Executive Committee that the Clerk has still issues with change
orders.
MR. BROCK: Commissioners, as I understand it, and you
know, I will defer to Mr. Mudd, but a long time ago the issue that I
had with change orders from the Clerk's perspective is that those
change orders were not being approved by the Board of County
Commissioners. As I understand the way that is being dealt with
today, and my staff has not given me any indication that this wasn't
the situation, all of those change orders are now being approved by
the Board of County Commissioners. From the Clerk's responsibility
in regard to those change orders, that's the only issue the Clerk has
with them. Policy issues relating to change orders are not the
responsibility of the Clerk. That's the Board's decision as to whether
or not you approve the change order.
So, to my knowledge, based upon the fact that you are all
approving them, I have no issue with change orders.
CHAIRMAN HENNING: Okay. So maybe we will hear this
next month at the Republican Executive Committee.
MR. BROCK: I think, as a matter of fact, I do speak to the
Republican Executive Committee on change orders next month, but
from the Clerk's perspective, the problem that I had with change
Page 92
September 10, 2003
orders, and, you know, I think Jim and I have had this conversation
on multiple occasions, was that the change orders were taking place
without being approved by the Board of County Commissioners, and,
you know, we had an understanding that the Clerk wasn't going to
pay any more change orders until they were approved by the Board
of County Commissioners, and as a consequence, they have all been
approved by the Board of County Commissioners.
MR. MUDD: You had an item on this agenda, 16(E)(4) to that
effect.
COMMISSIONER COLETTA: I would just-- what I'd like to
see is that we have a harmonious relationship, in that hopefully that if
there is some problems, that we have a heads up before it hits the
newspaper, so we can work together as a team to try to alleviate this
problem, and if we can't alleviate it, then it should be -- the laundry
should be out in public. But I'd just like to have a heads up that if
there is a problem, that we try to work the best we can, so that we're
a real effective team.
MR. BROCK: I agree. And let me address one issue. The
issue regarding the Immokalee Road going from four to six lanes.
The way that got brought do my attention was a telephone call from a
news reporter, and when I got the telephone call from the news
reporter -- this was before anything had been presented to the Board
of County Commissioners. There was apparently some comment or a
discussion that took place at the Board of County Commission
meeting about the issue before the issue had ever been presented to
the Board of County Commissioners, and I got asked what was going
on with Immokalee Road widening to six lanes. I had never --
personally never even seen the issue. It had not been on the an
agenda. I had an issue that arose as a consequence of two items
pertaining to the engineering work and an increase in the amount in
the contract, which was on the agenda, which in a meeting with the
Chairman, we brought it to his attention and pointed out to him our
Page 93
September 10, 2003
concern and told him we were looking at it.
We later that day told him we had looked at it and did not have
a problem with those two items. The next thing I heard was, a
reporter from the Naples Daily News called me up and told me that
he had talked to the Commissioners and that they intended to go from
four to six lanes on the widening of Immokalee Road. That's how I
got involved.
CHAIRMAN HENNING: The item is ! 0(H). I entertain a
motion.
COMMISSIONER COLETTA: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: There's a motion by Commissioner
Coletta, second by Commissioner Fiala.
All in favor of the motion, signify by saying aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: We are adjourned.
MS. FILSON: Commissioner, can I ask one quick question so
that I can get clear direction? Going back to 9(G), the Airport
Authority, there is three vacancies and you chose only to make two
appointments, but I had six applicants. Do you just want to leave
that position vacant until Mr. Schmidt is no longer the interim
Director?
CHAIRMAN HENNING: We filled the two vacancies. That's
the action that we've taken. Are you saying that we were supposed to
confirm the others?
MS. FILSON: No. There's three vacancies, and you only
appointed two.
CHAIRMAN HENNING: Right.
MS. FILSON: And we had six applicants, so I didn't know if
Page 94
September 10, 2003
you wanted to replace Mr. Schmidt with one of the other applicants
or just leave that seat vacant.
CHAIRMAN HENNING:
MS. FILSON: Okay.
CHAIRMAN HENNING:
It was leave it vacant.
We are adjourned.
*****Commissioner Coletta moved, seconded by Commissioner
Coyle and carried unanimously, that the following items under the
Consent and Summary Agendas be approved and/or adopted: *****
Item #16Al
AGREEMENT TO ACCEPT A 100% REIMBURSABLE
CARIBBEAN CONSERVATION CORPORATION GRANT IN
THE AMOUNT OF $6,000- $1,000 TO BE DEPOSITED INTO
THE CODE ENFORCEMENT BOARD FINES
Item #16A2
SETTLEMENT AGREEMENT RELATIVE TO A CODE
ENFORCEMENT LIEN IMPOSED ON PROPERTY LOCATED
ON 275 SINGLETARY STREET, COPELAND, FLORIDA, AND
UPON PAYMENT AUTHORIZING THE EXECUTION AND
RECORDING OF A SATISFACTION OF I.IEN
Item #16A3
ESTABLISHMENT OF A PROGRAM TO PROVIDE
ASSISTANCE TO AFFORDABLE HOUSING RENTAL
DF, VF, I.OPMENTS
Item # 16A4
Page 95
September 10, 2003
FINAL ACCEPTANCE OF WATER AND SEWER UTILITY
FACILITIES FOR NORTH NAPLES UNITED METHODIST
CHURCH- W/RELEASE OF THE UTILITY PERFORMANCE
SECI IRITY
Item #16A5
RESOLUTION 2003-265 FINAL ACCEPTANCE OF THE
ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER
IMPROVEMENTS FOR THE FINAL PLAT OF "INDIGO LAKES
[JNIT ONFJ-W/RF. IJEASF. OF THE MAINTENANCE SF. CI IRITY
Item #16A6
RESOLUTION 2003-266 FINAL ACCEPTANCE OF THE
ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER
IMPROVEMENTS FOR THE FINAL PLAT OF "INDIGO LAKES
UNIT THREE-W/RELEASE OF THE MAINTENANCE
SF. CI JRITY
Item #16A7
RESOLUTION 2003-267 F1NAL ACCEPTANCE OF THE
ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER
IMPROVEMENTS FOR THE FINAL PLAT OF
"PEBBLEBROOKE LAKES-W/RELEASE OF THE
MA1NTFJNANCF. SF. CI IRITY
Item #16A8
RESOLUTION 2003-268 FINAL ACCEPTANCE OF THE
Page 96
September 1 O, 2003
ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER
IMPROVEMENTS FOR THE FINAL PLAT OF
"PEBBLEBROOKE LAKES PHASE 2-W/RELEASE OF THE
MAINTENANCFi SECI IRITY
Item #16A9
RESOLUTION 2003-269 FINAL ACCEPTANCE OF THE
ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER
IMPROVEMENTS FOR THE FINAL PLAT OF "PEBBLEBROOK
LAKES PHASE 3-W/RELEASE OF THE MAINTENANCE
SFiCI ~RITY
Item #16Al0
TDC CATEGORY "A" TOURISM AGREEMENT WITH THE
CITY OF NAPLES FOR THE LOWDERMILK PARK PARKING
LOT RECONSTRUCTION/RESTORATION IN THE AMOUNT
OF $3757000
Item #16Al 1
SATISFACTION OF LIENS FOR CODE ENFORCEMENT
BOARD CASE NO. 2002-013; 2003-018; AND 2001-014
-VICTOR AND ISABEL VALDES; SHIRWIN INC., AND
MEADISON MEADOWS OWNERS ASSOCIATION AND JAMES
M. GOT,DIE AS TRIJSTEE (RESPECTIVEI,Y)
Item #16A12
RESOLUTIONS 2003-270 THRU 2003-286 FOR LIEN
RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS:
Page 97
September 1 O, 2003
2003010033/LICIMACO RAMIREZ; 2002060250/LIZZIE
HOLMES GLOVER; 2003041306/ABRAHAM J. AND DOTTY
MOSES; 2003041305/ABRAHAM J. AND DOTTY MOSES;
2003041304/ABRAHAM J. AND DOTTY MOSES;
2003041303/MACQUERIRA, MERCY; 2003050823/BUITRAGO,
ALVARO; 2003030939/GOMEZ, JESUS;
2002120974/WISNIEWSKI, LEONARD; 2003010862/SMENTEK,
KAREN L.; 2002120433/MELENDEZ, MIRANDA;
2002120967/LEWIS TR., EVELYN G; 2107300309/FAMILY
STORAGE INC., 2003011224/BAUR, GUY E. AND DIANE;
2003010772/JOYCE ET AL, WALLACE LANDON; AND
2002110465/AIIRORA FIROS
Item #16A13
COUNTY MANAGER AUTHORIZATION TO CHANGE THE
ALLOCATION OF EXPENSES IN TOURISM AGREEMENT
WITH THE CITY OF NAPLES FOR THE JULY 4TM 2003
CELEBRATION-SAVINGS IN THE ACCOMMODATIONS
EXPENDITURES TO PAY FOR THE ADDITIONAL COST OF
EOI IIPMF. NT
Item # 16B 1
RETROACTIVE APPROVAL OF WORDING CHANGE TO THE
AMENDED INTERLOCAL AGREEMENT WITH THE CITY OF
NAPLES EXTENDING THE CURRENT DISTRIBUTION OF THE
LOCAL OPTION GAS TAXES REVENUES UNTIL DECEMBER
31, 2003-IN PARAGRAPH 8 OF THE AMENDED INTERLOCAL
AGREEMENT, THE WORD "SHALL" WAS CHANGED TO
"MAY" BY THE NAPI~ES CITY COl JNCII~
Page 98
September 10, 2003
Item #16B2 - Moved to Item #10I
Item # 16B3
CONSTRUCTION CONTRACT IN THE AMOUNT OF
$702,930.45 TO APAC-SOUTHWEST INC., AND ALLOCATE
$70,000 (10% OF THE CONSTRUCTION COST) FOR
CONTINGENCY AND BUDGET PURPOSES TO CONSTRUCT
THE PROPOSED DAVIS BOULEVARD/COLLIER BOULEVARD
INTF, RSF, CTION~ PROJECT NO. 60170-BID NO. 02-3364
Item #16B4
WORK ORDER NO. BOC-FT-03-03 WITH BONNESS INC., FOR
INTERSECTION IMPROVEMENTS IN THE AMOUNT OF
$165,716.46 ON GOLDEN GATE PARKWAY AND CORONADO
PARKWAY INTERSECTION, PROJECT NO. 66065-CONTRACT
#02-3327
Item #16B5
RESOLUTION 2003-287 JOINT PARTICIPATION AGREEMENT
BETWEEN COLLIER COUNTY AND SPRINT-FLORIDA,
INCORPORATED FOR CONSTRUCTION OF UNDERGROUND
UTILITIES FOR THE GOLDEN GATE PARKWAY SIX LANE
IMPROVEMENT PROJECT NO. 60027
Item #16B6
ESTABLISHMENT OF A NEIGHBORHOOD TRAFFIC
MANAGEMENT PROGRAM (NTMP)/TRAFFIC CALMING
PROJECT VIA THE ADOPTION OF TRAFFIC MANAGEMENT
Page 99
September 1 O, 2003
PETITION NUMBER 03-01, FOR RIVER REACH DRIVE FROM
RIVER REACH WAY WEST APPROXIMATEI,Y 3;200 FEET
Item #16B7
CONTRACTS 03-3480 "FIXED TERM PROFESSIONAL
ENVIRONMENTAL CONSULTING SERVICES" (ESTIMATED
DOLLAR AMOUNT OF CONTRACT NOT TO EXCEED $500,000
ANNUALLY PER FIRM)-TO JOHNSON ENGINEERING, INC.,
PASSARELLA & ASSOCIATES, AND SCHEDA ECOLOGICAL
ASSOCIATES
ITEM #16B8
ANNUAL BID #03-3510-"JACK AND BORE AND
DIRECTIONAL BORE OPERATIONS" TO CABANA
CONSTRUCTION, INC. AND AMERICAN BORING AND
TRENCHING, INC., FOR THE APPROXIMATE AMOUNT OF
$30,000-AMERICAN BORING & TRENCHING, INC. (PRIMARY)
AND CAlqANA CONSTRIJCTION; INC. (SECONDARY)
Item #16B9
WORK ORDER NO. KCS-FT-03-01 IN THE AMOUNT OF
$197,934 FOR THE CONSTRUCTION ENGINEERING AND
INSPECTIONS SERVICES BY KCCS FOR THE DAVIS
BOULEVARD/COLLIER BOULEVARD INTERSECTION
IMPROVEMENTS. PROJECT NO. 60170. RFP NO. 00-3184
Item # 16B 10
BID #03-3483-TO NR CONTRACTORS FOR THE
Page 100
September 1 O, 2003
CONSTRUCTION OF EQUIPMENT NOISE BARRIER WALL AT
THE DAVIS BOULEVARD MAINTENANCE FACILITY
APPROXIMATE AMOUNT OF $409,981.68 AND INCLUDE
ADDITIONAL ENGINEERING WORK AND A CONTINGENCY
IN THE AMOUNT OF $51,000 FOR A TOTAL AMOUNT OF
$460~981.68-1,OCATF. D AT 4800 DAVIS BOIIIJEVARD
Item #16C 1
BID #03-3544 - ANNUAL CONTRACT FOR SALE OF BALED
CORRUGATED AND WHITE GOODS - TO GARDEN STREET
PAPER PRODUCTS (BALED CORRUGATED) AND
ANDERSON HAULING (WHITE GOODS) AT PRICING
DF, TAIIJED 1N THE EXECI ITIVF, SI~MMARY
Item #16C2
BUDGET AMENDMENT TO TRANSFER FUNDS BETWEEN
STAKE AND LOCATE, WASTEWATER TREATMENT PLANT-
IMMOKALEE ROAD, REUSE, WASTEWATER LABS,
COLLECTIONS, AND SOUTH COUNTY WASTEWATER
TREATMENT PLANT IN THE AMOUNT OF $203,000-TO
COVER l INANTICIPATED EXPENDITI ~RF.S
Item # 16C3
RESOLUTIONS 2003-288 THRU 2003-289 REGARDING THE
PRELIMINARY ASSESSMENT AS THE FINAL ASSESSMENT
ROLLS AND ADOPTING SAME AS THE NON-AD VALOREM
ASSESSMENT ROLLS FOR PURPOSES OF UTILIZING THE
UNIFORM METHOD OF COLLECTION PURSUANT TO
SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE
Page 101
September 10, 2003
DISTRICTS NO. 1 AND 2, MUNICIPAL SERVICE BENEFIT
UNITS SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN
RESIDENTIAL PROPERTIES WITHIN THE
UNINCORPORATED AREA OF COLLIER COUNTY
PURSUANT TO COLLIER COUNTY ORDINANCE 90-30, AS
AMENDED. REVENUES ARE ANTICIPATED TO BE
$11_333_641
Item # 16C4
RIGHT-OF-ENTRY AGREEMENT WITH OLDE FLORIDA GOLF
CLUB, INC., RELATED TO IMPROVEMENTS NEEDED TO
CONTROL UNAUTHORIZED VEHICULAR ACCESS TO THE
COUNTY'S NORTH HAWTHORN WELLFIELD ALONG A
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD) CANAL EASEMENT, PROJECT 70094-RELATED TO
INSTAIJ.ING 450 FEET OF FENCE
Item #16C5
AMENDMENT 1 TO WORK ORDER GH-FT-02-3 WITH
GREELEY AND HANSEN LLC, FOR THE SOUTH COUNTY
REGIONAL WATER TREATMENT PLANT REVERSE OSMOSIS
WELLFIELD EXPANSION TO 20-MGD, PROJECT 70892, IN
THE AMOIINT OF $91,910
Item # 16C6
BUDGET AMENDMENT TO TRANSFER FUNDS IN THE
AMOUNT OF $300,000 RECEIVED FROM THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT (SFWMD)
GRANT CONTRACT C-13978 FOR BRACKISH WATER
Page 102
September 1 O, 2003
SUPPLY WELLS FOR THE SOUTH COUNTY REGIONAL
WATER TREATMENT PLANT (SCRWTP) REVERSE OSMOSIS
EXPANSION; PROJECT 70054
Item #16C7
UTILITY AND TEMPORARY CONSTRUCTION EASEMENTS
FOR CONSTRUCTION OF PHASE II OF THE SEWER
INTERCONNECT PROJECT TO REDIRECT FLOW BETWEEN
THE NORTH AND SOUTH COUNTY SEWER SYSTEMS AT A
COST NOT TO EXCEED $7,500 (PROJECT NO. 73076)
Item #16C8
CHANGE ORDER TO GOLDEN GATE WELLFIELD
RELIABILITY IMPROVEMENT CONTRACT 02-3348 IN THE
DEDUCT AMOUNT OF $160,968, PROJECT 70066-CHANGE
ORDER 6 TO RECONCII~E F1NAI~ QIIANTITIES
Item #16C9
PURCHASE AND INSTALLATION OF ONE (1) TWO (2) TON
BRIDGE CRANE IN THE AMOUNT OF $26,055 FROM CRANE
EOIIIPMENT AND ~qFRVICE INC._ [lid #03-3533
Item # 16C 10
CHANGE ORDER NO. 2 WITH UNITED ENGINEERING
CORPORATION FOR THE SOUTH COUNTY WATER
TREATMENT PLANT EXPANSION (BID NO. 01-3194) IN THE
AMOI INIT OF $457,528.09, PROJECT 70054
Page 103
September 10, 2003
Item # 16D 1
APPLYING FOR A FLORIDA RECREATION DEVELOPMENT
ASSISTANCE PROGRAM GRANT IN THE AMOUNT OF
$200,000 FOR DEVELOPMENT OF NORTH NAPLES
REGIONAIJ PARK
Item #16D2
PURCHASE IN AN AMOUNT NOT TO EXCEED $75,000 FOR
SKATE PARK RAMPS FROM lqI.lSS PRODIJCTS. INC
Item #16D3
BUDGET AMENDMENTS RECOGNIZING $4,000 REVENUE
FROM DONATIONS FOR MEMORIAl. IRENCHES
Item # 16E 1
RESOLUTION 2003-290 REGARDING THE REVISED POLICY
FOR THE OPERATION OF LAKE TRAFFORD MEMORIAL
GARDENS CEMETERY
Item #16E2
RESOLUTION 2003-291 AUTHORIZING CANCELLATION OF
AD VALOREM TAXES DUE ON PROPERTY RECENTLY
ACQUIRED BY THE COUNTY FOR COPELAND PANTHER
NEIGHI:IORHOOD PARK
Item #16E3
Page 104
September 1 O, 2003
BUDGET AMENDMENT TO APPROPRIATE SECURITY
SPECIAL SERVICE REVENUES TOTALING $13,000 FOR
REIMBURSEMENT OF PERSONNEL EXPENSES IN FISCAL
YEAR 2003-EXPENSES INCURRED FOR AFTER HOURS
COVERAGE AND ADDITIONAIJ SFJCIIRITY STAFFING
Item #16E4
REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS
TO BOARD-APPROVED CONTRACTS-AS DETAILED IN THE
F, XF, CI ITIVE SI IMMARY
ITEM # 16F 1
SUMMARY OF CONSENT AND EMERGENCY AGENDA
ITEMS APPROVED BY THE COUNTY MANAGER DURING
THE BOARD OF COUNTY COMMISSIONERS' SCHEDULED
RECESS
Item # 1:
AGREEMENT AND BUDGET AMENDMENT FOR THE
ESTABLISHMENT OF THE BASELINE GROUNDWATER
QUALITY FOR GOLDEN GATE ESTATES WITH THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT CONTRACT
NUMBER C-15055 IN THE AMOUNT OF $97,400 (PUBLIC
l JTII,ITIES)
Item #2:
BUDGET AMENDMENT REPORT- BUDGET AMENDMENT
#03-457 IN THE AMOUNT OF $5,000 FOR PUBLIC
Page 105
September 10, 2003
EMERGENCY REMOVAL OF PALMS AND INOCULATIONS
FOR LETHAL YELLOW OUTBREAK IN ACCORDANCE WITH
ORDINANCE 2000-23 (OFFICE OF MANAGEMENT AND
BI JDGF, T)
Item #3:
BUDGET AMENDMENT TRANSFERRING $268,500 FROM THE
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL
SERVICES (CDES) FUND 113-BUILDING ADDITION/PARKING
GARAGE CAPITAL OUTLAY-TO CDES FUND 113-
OPERATING EXPENSES FOR THE PURCHASE OF
FURNITURE FOR THE NEW CDES BUILDING (COMMUNITY
DF. VF, I,OPMF, NTI
Item #4:
SUPERVISOR OF ELECTIONS TO ENTER INTO AN
AGREEMENT WITH THE CITY OF NAPLES FOR THE USE OF
SERVICES AND VOTING AND TABULATION EQUIPMENT
FOR THEIR ELECTION FEBRUARY 3, 2004 (SUPERVISOR OF
F,I JF, CTIONS~
Item #5:
CHANGE ORDER TO WORK ORDER UC-018 IN THE AMOUNT
OF $16,150 WITH HASKINS, INC., FOR THE CONSTRUCTION
OF THE PALM DRIVE/DAVIS BOULEVARD SEWER FORCE
MAIN; PROJF, CT 731 58 (Pl Il:II.lC IITII,ITIES)
Item #6:
Page 106
September 1 O, 2003
BUDGET AMENDMENT TOTAL1NG $281,275 AND AWARD A
CONTRACT FOR ARCHITECTURAL SERVICES FOR THE
DESIGN OF THE ADDITION AND RENOVATION OF THE
GOLDEN GATE LIBRARY AT 4898 CORONADO PARKWAY,
CONTRACT #03-3489, TO BARANY SCHMITT SUMMERS
WEAVER AND PARTNERS, 1NC. (ADMINISTRATIVE
SERVICES AND PI IFIIJlC SFRVICFJS)
Item #7:
BUDGET AMENDMENT TO PROVIDE LANDSCAPE
ARCHITECTURAL SERVICES FOR THE "COLLIER COUNTY
LANDSCAPE BEAUTIFICATION MASTER PLAN"
(TRANSPORTATION SERVICES)
Item #8'
INCREASE IN FUNDING, NOT TO EXCEED $8,000, TO
CONCLUDE THE COUNTY'S RECEIVERSHIP ROLE
REGARDING OPERATION OF THE LEE CYPRESS WATER
AND SEWER COOPERATIVE IN COPELAND, FLORIDA
(COMMI JNITY DEVF. I~OPMF, NT)
Item #9'
AWARDING CONTRACT TO DOUGLAS N. HIGGINS, INC.,
FOR CONSTRUCTION OF THE WESTERN WASTEWATER
INTERCONNECT, PHASE II, BID 03-3545, PROJECT 73076, IN
THE AMOIINT OF $1;765~295 (PIJRIJIC 11TILITIES)
Item #10:
Page 107
September 10, 2003
RESOLUTION 2003-292 AUTHORIZING IMPLEMENTATION
OF A TWENTY-MILES PER HOUR (20 MPH) SCHOOL ZONE
DURING SCHOOL ARRIVAL AND DISMISSAL HOURS, AS
POSTED ON SITE, AT SABLE PALM ELEMENTARY SCHOOL
ON 18TM AVENUE NE, AT A COST OF APPROXIMATELY $250
(TRANSPORTATION SF. RVICFiS)
Item #11'
AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF
COLLIER COUNTY FOR ATHLETIC FIELD UPGRADES IN
THE AMOUNT OF $407,670 AT SABAL PALM ELEMENTARY,
LOCATED ON 18TM AVENUE BETWEEN DESOTO AND
EVF. RGI~ADF. S lqOl IIJF. VARDS (Pl IlqIJC SERVICFJS~
Item #12:
APPROVAL OF A PURCHASE IN THE AMOUNT OF $33,007.40
FOR BLEACHERS FROM OUTDOOR ALUMINUM, INC. FOR
REPLACEMENT OF BLEACHERS AT COMMUNITY PARKS IN
THE NAPI.F.S AND IMMOKAI.F.F. AREAS (PIIBI.IC SERVICES~
Item #13:
APPROVAL OF THE OFFSITE REMOVAL OF UP TO 70,000
CUBIC YARDS OF EXCESS FILL FROM THE PUBLIC SCHOOL
SITE FOR PALMETTO RIDGE HIGH SCHOOL, LOCATED ON
OIL WELL ROAD, BOUNDED ON THE NORTH AND EAST BY
AGRICULTURAL LANDS, ON THE SOUTH BY OIL WELL
ROAD AND ON THE WEST BY THE ORANGETREE UTILITIES
PLANT AND ORANGETREE PUD RESIDENTIAL
DEVELOPMENT, BASED UPON A DETERMINATION THAT
Page 108
September 10, 2003
THE EXCAVATION WORK IS NOT "COMMERCIAL," BUT
WILL OBTAIN A "DEVELOPMENT" EXCAVATION PERMIT
(COMMI JNITY DEVEI,OPMENT)
ITEM # 14'
REJECTION OF PROPOSAL RECEIVED UNDER RFP #03-3502,
"DOMESTIC ANIMAL SERVICES SHELTER MANAGEMENT
SOFTWARE" (Pl ~FIIJlC SERVICES)
Item #15:
AMENDMENT 1 TO WORK ORDER GH-FT-03-02 FOR FIXED
TERM UTILITIES ENGINEERING SERVICES WITH GREELEY
AND HANSEN LLC, RELATED TO THE GOODLAND WATER
PUMPING STATION UPGRADES, CONTRACT #00-3119, IN
THE AMOIINT OF $123,970 (PIll:II.lC [JTIIJTIES)
Item #16'
TRANSFER OF FUNDING SOURCE FOR WORK ORDER NO.
UC-023 IN THE AMOUNT OF $504,100 FROM SEWER USER
FEES PROJECT 73051 TO SEWER IMPACT FEES FOR PUMP
STATION IMPROVEMENTS TO KYLE CONSTRUCTION INC.,
PROJECT 73945 (PI IBI~IC 1JTII,ITIES)
Item #17:
BUDGET AMENDMENT RECOGNIZING $10,000 IN REVENUE
FROM A LAND LEASE TO ALLTEL CORPORATION FOR A
TOWER AT VETERANS COMMUNITY PARK, AND
APPROPRIATING FUNDS FOR THE PURCHASE OF
Page 109
September 10, 2003
SAILBOATS FOR THE COLLIER COUNTY SAILING CENTER-
TO EXPAND THE OPTIMIST DINGHY FLEET (PUBLIC
SERVICFS)
Item # 18'
AGREEMENT BETWEEN BRITTANY' BAY PARTNERS
(CAMDEN COVE APARTMENTS) AND COLLIER COUNTY-
LOCATED ALONG THE WEST SIDE OF COUNTY ROAD 951,
SOl ITH OF IMMOKAI,EE ROAD (PIJBIJC l ITllJlTlES)
Item #19:
APPROPRIATION $15,474 IN REVENUE DONATED BY THE
AMERICAN HEART ASSOCIATION FOR THE PURCHASE OF
AUTOMATIC EXTERNAL DEFIBRILLATORS (AED'S) WHICH
WILL BE PLACED IN HIGH VOLUME COLLIER COUNTY
GOVERNMENT BUILDINGS -ADMINISTRATION BUILDING
(F), HEALTH DEPARTMENT BUILDING (H), IMMOKALEE
HEALTH DEPARTMENT, VETERAN'S COMMUNITY PARK,
MAX HASSE COMMUNITY PARK, DEVELOPMENT
SERVICES (2 DEVICES), AND NORTH NAPLES LIBRARY
(PI ~BIJlC SF. RVICFJS~
Item #20:
ANNUAL CONTRACT FOR UTILITIES/FACILITIES
ELECTRICAL COMPONENT TESTING PURSUANT TO RFP
#03-3525 IN THE ESTIMATED AMOUNT OF $150,000-TO
ELECTRIC POWER SYSTEMS, ELECTRO-TEST, INC., AND
INDI ISTRIAIJ F.I.ECTRIC TF. STING_ INC. (PI IlqlJC 11TIIJTIES~
Page 110
September 10, 2003
Item #21:
BUDGET AMENDMENT TO RECOGNIZE UNBUDGETED
REVENUE FROM ROAD DAMAGE FEES 1N THE AMOUNT OF
$112,900 AND APPROPRIATE WITHIN THE ROAD
MAINTENANCE BUDGET TO COVER EXPENSES FOR THE
REMAINDER OF THE FISCAL YEAR (TRANSPORTATION
SERVICES~
Item #22:
COMMENCEMENT OF CONTRACT NEGOTIATIONS WITH
HANSEN INFORMATION TECHNOLOGIES AS THE VENDOR
OF CHOICE TO REPLACE THE COMMUNITY DEVELOPMENT
AND ENVIRONMENTAL SERVICES (CDES) DIVISION'S
BUSINESS INFORMATION SYSTEM AND TO ALLOW STAFF
TO COMMENCE NEGOTIATIONS WITH THE SECOND
VENDOR OF CHOICE, ACCELA INC., IF NEGOTIATIONS
WITH HANSEN SHOULD FAIL (COMMUNITY
DEVFJ,OPMENT)
Item #23:
EXECUTION OF A CONTRACT (#974-041-03-1) WITH CIO-TO-
RENT FOR PURPOSES OF COMPLETING A BUSINESS
PROCESS ANALYSIS FOR THE COMMUNITY AND
DEVELOPMENT SERVICES (CDES) DIVISION TO PREPARE
FOR THE REPLACEMENT OF THE CDES BUSINESS SYSTEM-
IN THE AMOIINT OF $43;000 (COMMI INITY DF, VEI,OPMF, NT)
Item #24:
Page 111
September 10, 2003
AMENDMENT NO. 5, CONTRACT NO. 98-2829, "OWNER'S
MATERIAL/EQUIPMENT DIRECT PURCHASE PLAN" WHICH
WILL PROVIDE A SUBSTANTIAL SALES TAX SAVINGS TO
THE COUNTY FOR CONSTRUCTION' OF THE NAPLES JAIL
EXPANSION AND RENOVATION, PARKING DECK AND
CHILLER PLANT EXPANSION (ADMINISTRATIVE
SFJRVICES~
Item #25:
BUDGET AMENDMENT TO TRANSFER APPROPRIATIONS
WITHIN UTILITIES ASSESSMENTS IN THE AMOUNT OF
$707000 (PI Ilql.lC 11TII.ITIES)
Item #26:
BUDGET AMENDMENT IN THE AMOUNT OF $13,100 TO
RECOGNIZE ADDITIONAL REVENUE TO THE MSTD
GENERAL FUND WITHIN THE ENVIRONMENTAL SERVICES
DEPARTMF. NT (COMMI INITY DEVEIJOPMF. NT)
Item #27:
BUDGET AMENDMENT RECOGNIZING CARRY FORWARD
AMOUNTS FROM FY02 FOR THE SABAL PALM ROAD MSTU
FUND (151) IN THE AMOUNT OF $14,000 (TRANSPORTATION
SFRVTCES)
Item #28'
SECOND AMENDMENT TO LEASE AGREEMENT WITH
ARNOLD PROPERTIES INC., FOR THE CONTINUED USE OF
Page 112
September 10, 2003
GARAGE/WAREHOUSE SPACE BY THE SHERIFF'S OFFICE
AT A TOTAL COST OF $44,857.68 (ADMINISTRATIVE
SERVICES~
Item #29:
AMENDMENT 1 TO WORK ORDER GH-FT-02-9 WITH
GREELEY AND HANSEN LLC, TO PERFORM PHASE 2
ENGINEERING SERVICES FOR DESIGN AND
CONSTRUCTION OF THE SANTA BARBARA SEWER FORCE
MA1N INTERCONNECT BETWEEN THE NORTH AND SOUTH
WASTEWATER COLLECTION SYSTEMS, PROJECTS 73132,
73150 AND 73151, IN THE AMOUNT OF $82,700 (PUBLIC
1JTIIJITIF, S~
Item #30:
BID #03-3546 AWARDED FOR PURCHASE OF ONE (1) 2000
GALLON FUEL TRUCK TO ATLANTIC TRUCK CENTER FOR
$997985 (ADMINISTRATIVE SFRVICES)
Item #31:
WORK ORDER #PBS-02-25, CONTRACT 02-3349 1N THE
AMOUNT OF $85,900 ISSUED TO PROFESSIONAL BUILDING
SYSTEMS, GENERAL CONTRACTORS FOR THE
CONSTRUCTION OF THE EAST NAPLES UNITED
METHODIST CHURCH PARKING LOT (ADMINISTRATIVE
SF, RVICFJS~
ITEM #16F2
Page 113
September 1 O, 2003
CORRECTED AGREEMENT ACCEPTING A MATCHING
(75/25) GRANT FROM THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS TO REVISE AND UPDATE THE
COI,I,IER COIJNTY I~OCAI~ MITIGATION STRATEGY
Item # 16F3
AGREEMENT #04CP-11-09-21-01-023 BETWEEN THE STATE
OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND
COLLIER COUNTY, FLORIDA 1N THE AMOUNT OF $9,118
FOR THE PREPARATION OF HAZARDS ANALYSES REPORTS
FOR THIRTY-EIGHT FACILITIES WITHIN COLLIER COUNTY-
FACILITIES INCLUDED ARE DETAILED IN THE EXECUTIVE
SIIMMARY
Item # 16F4
AGREEMENT BETWEEN THE STATE OF FLORIDA,
DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER
COUNTY, FLORIDA ACCEPTING $9,257 IN MATCHING
FUNDS (75/25) FOR SHELTER ENHANCEMENT TO
CORKSCREW MIDDI.E SCHOOl,
Item # 16F5
RESOLUTION 2003-BAR-01 FOR AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2002-03
ADOPTFD Ill IDGET
Item #16F6
Page 114
September 1 O, 2003
INTER-FUND LOAN FROM GENERAL FUND RESERVES TO
THE ISLES OF CAPRI OPERATING BUDGET-FOR PURCHASE
OF A NEW MOTOR FOR THE PRIMARY FIRE ENGINE, AT AN
ESTIMATED RF. PIJACF. MENT COST OF $25,000
Item # 16H 1
COMMISSIONER COLETTA'S REQUEST APPROVING
PAYMENT TO ATTEND NAACP FREEDOM FUND BANQUET-
AT A COST OF $55.00 ON OCTOBER 25, 2003 TO REPRESENT
THE COUNTY TO A GROUP INSTRUMENTAL IN EXPANDING
THE EDUCATIONAL, YOUTH WORKS, HEALTH AND
IMPORTANT SOCIAIJ PROGRAMS IN THE COl JNTY
ITEM # 16H2
COMMISSIONER COLETTA'S REQUEST APPROVING
PAYMENT TO ATTEND LEADERSHIP COLLIER KICK OFF IN
HONOR OF THE CLASS OF 2004 - AT A COST OF $15.00 ON
SEPTEMBER 11, 2003 (5:30-7 P.M.) AT THE NAPLES BEACH
HOTEL AND GOLF CLUB, LOCATED AT 851 GULF SHORE
BLVD. NORTH, TO SUPPORT THIS COLLIER COUNTY
EFFORT AND INTERACT WITH CONSTITUENTS AND
FI ITl IRE COI.IJFR I.EADERS
Item # 16H3
COMMISSIONER HENNING'S REQUEST APPROVING
PAYMENT TO ATTEND NAACP FREEDOM FUND BANQUET-
AT A COST OF $55.00 ON OCTOBER 25, 2003 TO REPRESENT
COLLIER COUNTY COMMISSIONERS, DISTRICT 3, AND
SI IPPORT THE NAACP
Page 115
September 10, 2003
ITEM #16H4
COMMISSIONER COLETTA'S REQUEST APPROVING
PAYMENT TO ATTEND THE EDC 20TM ANNUAL
EXCELLENCE IN INDUSTRY AWARDS LUNCHEON- AT A
COST OF $45.00 ON SEPTEMBER 16, 2003 (11:30 A.M.) AT THE
RITZ-CARLTON BEACH RESORT, TO REPRESENT THE
COUNTY AND LEARN ABOUT WHAT HAS HAPPENED
THROUGH THE ECONOMIC DEVELOPMENT COUNCIL AS IT
PERTAINS TO THE COIJNTY
Item #16H5
COMMISSIONER FIALA'S REQUEST APPROVING PAYMENT
TO ATTEND NAACP FREEDOM FUND BANQUET-AT A COST
OF $55.00 ON OCTOBER 25, 2003 TO INTERACT WITH
CONSTITI IENTS
Item #16H6
COMMISSIONER HALAS' REQUEST APPROVING PAYMENT
TO ATTEND THE EDC 20TM ANNUAL EXCELLENCE IN
INDUSTRY AWARDS LUNCHEON- AT A COST OF $45.00 ON
SEPTEMBER 16, 2003 (11:30 A.M.) AT THE RITZ-CARLTON
BEACH RESORT, TO INTERACT WITH CONSTITUENTS AND
AWARD RECIPIENTS
Item # 1611
MISCELLANEOUS CORRESPONDENCE- FILED AND/OR
REFERRED
Page 116
September 1 O, 2003
The following miscellaneous correspondence, as presented by the
Board of County Commissioners, has been directed to the various
departments as indicated:
Page 117
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
September 9, 2003
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
mo
Clerk of Courts: Submitted for public record, pursuant to Florida Statutes,
Chapter 136.06(1), the disbursements for the Board of County Commissioners for
the period:
1. Disbursements for May 17, 2003 through Max' 23. 2003.
2. Disbursements for May 24, ~003 through Max- 30. 2003.
3. Disbursements for May 31,2003 through June 6, 2003.
4. Disbursements for June 7, 2003through June 13.2003.
5. Disbursements for June 28, 2003 through July 4. 2003.
6. Disbursements for July 5, 2003 through July 11. 2003.
Districts:
Naples Heritage Community Development - Minutes of meeting for
March 10, 2003.
Fiddlers Creek Community Development District - Minutes of meeting
held on February 26, 2003 and May 28, 2003; Proposed Budget for FY
2004.
South Florida Water Management District - Annual Financial Report;
Audit: Management Letter; Rebuttal to Management Letter; District Map
& Public Facilities Report.
Tuscany Reserve Community Development District - Minutes of Ma3.' 8,
2003.
Port of the Islands Community District- Minutes of May 16. 2003.
Proposed Budget for FY 2004 and Description of outstanding bonds.
H:Data/Format
Minutes:
a)
b)
c)
d)
e)
g)
h)
i)
J)
k)
l)
m)
Lely Golf Beautification Advisory Committee - Agenda for July
17, 2003; Minutes of June 19, 2003.
Vanderbilt Beach M.S.T.U. - Summary of Meeting & Motions -
July 1, 2003 both agenda and minutes; Agenda for August 7, 2003.
Beautification Master Plan 2003.
Emergency Medical Services Advisory Council - Minutes of
February 19, 2003; January 29, 2003; Agenda for June 25, 2003; of
May 28, 2003; Agenda for May 28, 2003; of April 30, 2003;
March 26, 2003, of June 25, 2003
Collier County Planl~ing Commission - Agenda for July 17~ 2003;
Minutes of June 5, 2003.
Collier County Contractor's Licensing Board - Agenda for July
16, 2003
Pelican Bay Services - Budget Sub-Committee - Budget Sub-
Committee - Agenda of August 6, 2003, Minutes of July 9~ 2003;
Clam Bay Sub-Committee Agenda for June 26, 2003; Minutes of
April ! 6, 2003.
Community Character/Smart: Growth Advisory Committee
Agenda and Minutes for May 21,2003 and May 28, 2003.
Radio Road Beautification M.S.T.U. - Motion & Minutes for June
17, 2003, Agenda for July 15, 2003,
Forest Lakes Roadway and Drainage M.S.T.U. - Agenda for July
16, 2003; Minutes of June 25, 2003; Minutes of June 27, 2003
Immokalee Beautification M.S.T.U. Advisory Committee -
Agenda for August 20, 2003; Minutes of June 16, 2003.
Immokalee Local Redevelopment Advisory Board - Minutes of
July 23, 2003.; Minutes of June 25, 2003
1-75/Golden Gate Ad Hoc Landscaping Beautification Committee
- Agenda for August 6, 2003, Minutes of June 25, 2003.
Revenue Commission Advisory Committee - Minutes of July 8,
2003.
H:Data/Format
n)
o)
P)
q)
r)
s)
t)
u)
v)
w)
x)
y)
Environmental Advisory Committee - Revised Agenda of August
6, 2003; Agenda for August 6, 2003; Minutes of July 2, 2003.
Development Services Advisory Committee - Agenda for August
6, 2003; Minutes of July 2, 2003, Minutes of Special LDC Meeting
of July 2, 2003.
Utility Code Sub-Committee Meeting - Minutes of July 15, 2003
Bayshore/Gateway Triangle Local Redevelopment Advisory Board
- Agenda for August 5, 2003.
Enterprise Zone Development Agency - Minutes of May 28, 2003;
March 26, 2003. Minutes of January 22, 2003.
Golden Gate Community Center Advisory Board - Minutes of
January 14, 2003, No~vember 4, 2002. October 7, 2002, of June 2,
2003, May 5, 2003, March 3, 2003, February 3, 2003.
Productivity Meeting Minutes - Minutes of June 18, 2003.
Golden Gate Estates Land Trust Committee - Minutes of May 19,
2003.
Collier County Water and Wastewater Authority - Minutes of
January 27, 2003, February 24, 2003. March 24, 2003, April 28,
2003; November 25, 2002.
Conservation Collier Land Acquisition Advisory Committee -
Agenda for May 12, 2003; Minutes of April 14, 2003; Agenda for
June 9, 2003, Minutes of May 12, 2003; Agenda of July 14, 2003,
Minutes of June 9, 2003.
Livingston Road Phase II Beautification M.S.T.U. - Minutes of
February 5, 2003.
Tourist Development Council - Minutes of May 28, 2003, April 5,
2002; Minutes of January 14, 2002; Minutes of January 27, 2003;
Minutes of March 24, 2003; Minutes of April 28, 2003, April 15,
2002; Minutes of May 8, 2002; Minutes of June 18, 2002, Minutes
of September 9, 2002; Minutes of October 21. 2002 and Minutes
of December 10, 2002; June 23, 2003.
H:Data/Format
September 1 O, 2003
Item # 16J 1
RATIFICATION OF THE PAYMENT OF SALES TAX TO THE
FLORIDA DEPARTMENT OF REVENUE RELATED TO THE
LEASE ARRANGEMENT WITH SUBWAY REAL ESTATE
CORPORATION, FOR THE SUBWAY AND DUNKIN' DONUTS
IJOCATED ON THE CAMPIIS-IN THE AMOIINT OF $57902.06
Item # 16J2
DETERMINATION OF WHETHER THE PURCHASES OF
GOODS AND SERVICES DOCUMENTED IN THE DETAILED
REPORT OF OPEN PURCHASE ORDERS SERVE A VALID
PUBLIC PURPOSE AND AUTHORIZING THE EXPENDITURE
OF COUNTY FUNDS TO SATISFY SAID PURCHASES.
DETAILED REPORT FROM JULY 19 THROUGH AUGUST 1,
2003
Item # 16J3
DETERMINATION OF WHETHER THE PURCHASES OF
GOODS AND SERVICES DOCUMENTED IN THE DETAILED
REPORT OF OPEN PURCHASE ORDERS SERVE A VALID
PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF
COUNTY FUNDS TO SATISFY SAID PURCHASES. DETAILED
REPORT FROM Al JGI IST 2 THROI IGH Al JGI JST 1 5. 2003
Item # 16J4
DETERMINATION OF WHETHER THE PURCHASES OF
GOODS AND SERVICES DOCUMENTED IN THE DETAILED
REPORT OF OPEN PURCHASE ORDERS SERVE A VALID
Page 118
September 1 O, 2003
PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF
COUNTY FUNDS TO SATISFY SAID PURCHASES. DETAILED
REPORT FROM AIIGIIST 16 THROIIGH 22_ 2003
Item #16J5
AUTHORIZING THE SUPERVISOR OF ELECTIONS TO
ACCEPT VOTER EDUCATION FUNDS WITH A 15%
MATCHING CONTRIBUTION-FOR ADDITIONAL VOTER
EDUCATION AND POLLWORKER TRAINING BEYOND THE
SUPERVISOR OF ELECTIONS' CURRENT PROGRAMS, IN
THE AMOUNT EQUAL TO AT LEAST 15% OF THE AMOUNT
TO BE RECEIVED FROM THE STATE (COLLIER COUNTY'S
AMOI INIT IS $67684.05)
Item # 16K1
OFFER OF JUDGMENT TO RESPONDENTS, WILLIAM J.
CONRAN AND PAMELA J. CONRAN, FOR PARCEL NO. 192 IN
THE AMOUNT OF $62,000 IN THE LAWSUIT STYLED
COLLIER COUNTY V. GJR OF NAPLES INC., ET AL, CASE NO.
02-2212-CA (IMMOKALEE ROAD PROJECT #60018)-$10,400
TO BF. DF. POSITED INTO THE REGISTRY OF THF. COIJRT
Item #16K2
OFFER OF JUDGMENT RELATIVE TO THE FEE SIMPLE
ACQUISITION OF PARCEL 180 IN THE LAWSUIT STYLED
COLLIER COUNTY V. BIG CORKSCREW FIRE DISTRICT, ET AL,
CASE NO. 02-2218-CA TO RESPONDENTS, ANDREW R. AND
BEVERLY E. MORGAN (IMMOKALEE ROAD PROJECT
Page 119
September 1 O, 2003
#60018)-$2,000 TO BE DEPOSITED INTO THE REGISTRY OF
THE COl JRT
Item #16K3
OFFER OF JUDGMENT TO RESPONDENT, GJR OF NAPLES,
INC., FOR PARCEL NO. 188 IN THE AMOUNT OF $40,000 IN
THE LAWSUIT STYLED COLLIER COUNTY V. G JR OF NAPLES
INC., ETAL, CASE NO. 02-2212-CA (IMMOKALEE ROAD
PROJECT #60018)-$7,000 TO BE DEPOSITED INTO THE
REGISTRY OF THE COl IRT
Item # 16K4
OFFER OF JUDGMENT RELATIVE TO THE FEE SIMPLE
ACQUISITION OF PARCELS 178A AND 178B IN THE
LAWSUIT STYLED COLLIER COUNTY V. ROBERTO BOLLT, ET
AL, CASE NO. 02-2217-CA (IMMOKALEE ROAD PROJECT
#60018)-$35,400 TO BE DEPOSITED INTO THE REGISTRY OF
THE COl IRT
Item # 16K5
RESOLUTION 2003-293 CALLING FOR AN ELECTION TO FILL
VACANCIES ON THE NAPLES HERITAGE COMMUNITY
DEVELOPMENT DISTRICT-TO BE HELD ON NOVEMBER 4,
2003
Item # 16K6
RESOLUTION 2003-294 CALLING FOR AN ELECTION TO FILL
VACANCIES ON THE HERITAGE GREENS COMMUNITY
Page 120
September 10, 2003
DEVELOPMENT DISTRICT-TO BE HELD ON NOVEMBER 4,
2003
Item #16K7- Continued to the September 23, 2003 BCC Meeting
BOARD OF COUNTY COMMISSIONERS, AS THE
GOVERNING BODY OF COLLIER COUNTY AND AS EX-
OFFICIO GOVERNING BOARD OF THE ISLES OF CAPRI
MUNICIPAL RESCUE AND FIRE SERVICES TAXING
DISTRICT AND THE OCHOPEE FIRE DISTRICT ENTER INTO
AMENDED INTERLOCAL AGREEMENTS WITH EAST
NAPLES FIRE DISTRICT FOR THE PURPOSE OF
IMPLEMENTING THE DUTIES AND OBLIGATIONS OF THE
VARIOUS DEPENDENT AND INDEPENDENT FIRE DISTRICTS
WITH RESPECT TO FIRE PLAN REVIEW AND FIRE CODE
INSPECTIONS FOR NEW CONSTRUCTION, CONSTRUCTION
PROJECTS AND EXISTING STRUCTURES WITHIN THE
VARIOI IS DISTRICTS
Item # 16K8
SPECIAL MASTER AGREEMENTS FOR VALUE ADJUSTMENT
BOARD HEARINGS FOR TAX YEAR 2003-FOR H. NEAL
SCOTT, GERALD LAGACE, MARIANNE KANTOR, AND
STFJPHEN CI INN~GHAM
Item #17A- Continued to the September 23, 2003 BCC Meeting
REGARDING PUDZ-2003-AR-3151, WAYNE ARNOLD AND
RICHARD YOVANOVICH REPRESENTING RICHARD
SANTERRE REQUESTING A REZONE FROM C-3 AND RMF-6
TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE
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September 1 O, 2003
MILLER SQUARE PUD. THIS PROJECT WILL CONSIST OF
19,000 SQUARE FEET OR LESS OF RETAIL AND OFFICE
COMMERCIAL USES, LOCATED AT THE NORTHEAST
CORNER OF II.S. 41 EAST AND SHADOWLAWN DRIVE
Item # 17B - Contingent upon approval of Item #8C
RESOLUTION 2003-295 REGARDING PETITION AVPLAT2002-
AR3175 TO VACATE A PORTION OF THE TWELVE FOOT
WIDE ALLEY AND TO VACATE A PORTION OF THOSE
AREAS LABELED "RESERVED FOR EASEMENT 3.0 FT." AND
"RESERVED FOR EASEMENT 1.5 FT. ON EACH SIDE" IN
BLOCK "E" AS SHOWN ON THE PLAT OF "SHADOWLAWN
AT NAPLES," AS RECORDED 1N PLAT BOOK 1, PAGE 37,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO
ACCEPT A 24 FOOT WIDE RELOCATION ALLEY OVER A
PORTION OF SAID BLOCK "E", LOCATED IN SECTION 11,
TOWNSHIP 50 SOl ITH. RANGE 25 EAST
Item # 17C
COLLIER COUNTY'S COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM YEAR 2002-2003 CONSOLIDATED
ANNUAL PERFORMANCE AND EVALUATION REPORT
(CAPER) AS REQUIRED BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM, AND AUTHORIZING THE BOARD OF COUNTY
COMMISSIONER'S CHAIRMAN TO CERTIFY THE CAPER
FOR SUBMISSION TO HUD. (CAPER DRAFT DOCUMENTED
CURRENTLY AVAILABLE AT ALL COLLIER COUNTY
PUBLIC LIBRARIES, AT THE PUBLIC INFORMATION DESK
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September 10, 2003
AND IN THE FAH DEPARTMENT OFFICE FOR PUBLIC
COMMENT PERIOD THROUGH AUGUST 25, 2003. FINAL
CAPER DOCUMENT WILL BE SUBMITTED BEFORE
SEPTEMBER 1. 2003~
Item # 17D
RESOLUTION 2003-296 AND RESOLUTION CWS-2003-02
REGARDING EXPANDING THE GEOGRAPHIC BOUNDARIES
OF THE COLLIER COUNTY WATER-SEWER DISTRICT TO
INCORPORATE AREAS WITHIN THE RURAL FRINGE MIXED
USE DISTRICT AND TO DELETE ONE AREA SERVED BY THE
FLORIDA GOVERNMENT UTILITY AUTHORITY (IN THE
GOIJDEN GATE ARF, A~}
Item # 17E
ORDINANCE 2003-41 REGARDING PUDZ-2002-AR-2863,
KAREN BISHOP, OF PMS INC. OF NAPLES, REPRESENTING
JOHN A. PULLING JR., AND LUCY G. FINCH, REQUESTING A
REZONE FROM "A" RURAL AGRICULTURAL TO "PUD"
PLANNED UNIT DEVELOPMENT TO BE KNOWN AS
LONGVIEW CENTER PUD FOR A MAXIMUM OF 15
RESIDENTIAL DWELLING UNITS, A MAXIMUM OF 73,000
SQUARE FEET OF MIXED RETAIL AND SERVICE USES AND
A MAXIMUM OF 70,000 SQUARE FEET OF MEDICAL AND/OR
GENERAL OFFICE SPACE FOR PROPERTY LOCATED AT THE
NORTHEAST AND SOUTHEAST CORNERS OF AIRPORT-
PIIIJJNG ROAD AND ORANGE BI~OSSOM ROAD
Item # 17F
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September 1 O, 2003
RESOLUTION 2003-297 REGARDING PUDEX-2003-AR-4325 J.
GARY BUTLER, OF BUTLER ENGINEERING INC.,
REPRESENTING TERYL H. BRZESKI AND SAMUEL
HUBSCHMAN, TRUSTEES, REQUESTING A 2-YEAR
EXTENSION TO THE PINE RIDGE CORNERS PUD,
PURSUANT TO LDC SECTION 2.7.3.4.6, FOR A 4.22+ ACRE
TRACT LOCATED ON THE NORTH SIDE OF PINE RIDGE
ROAD, 1/6+ MILE EAST OF WHIPPOORWILL LANE-TIME
I,IMIT EXTENDED 1JNTIIJ Jl II,Y 1,2005
Item #17G
RESOLUTION 2003-298 REGARDING PUDEX-2003-AR-4383
TERRANCE KEPPLE, OF KEPPLE ENGINEERING INC.,
REPRESENTING JTM CORPORATE PLAZA, LTD., ANTONIO
AND CARMEN BRICENO, AND VELMA AND CHARLES
BLAND, REQUESTING A TWO-YEAR EXTENSION OF THE
JACARANDA CENTER PUD PER LDC SECTION 2.7.3.4.6.
PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF
THE GOLDEN GATE PARKWAY AND 55TM STREET S.W.
INTERSECTION-TIME LIMIT EXTENDED UNTIL JANUARY
21_ 2004
Item #17H
RESOLUTION 2003-299 REGARDING AMENDING THE
EFFLUENT IRRIGATION USER RATES, WHICH IS SCHEDULE
THREE OF APPENDIX A TO SECTION FOUR OF THE
COLLIER COUNTY ORDINANCE NO. 2001-73, TITLED THE
COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM
BILLING, OPERATING AND REGULATORY STANDARDS
ORDINANCE-IMPLEMENTATION DATE OF THE NEW RATES
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September 10, 2003
FOR RECLAIMED WATER SERVICE WILL BE FOR USAGE
STARTING OCTOBER 1_ 2003
Item # 17I
RESOLUTION 2003-300 REGARDING AMENDING SCHEDULE
TWO OF APPENDIX A OF CHAPTER 74 OF THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES, AS
AMENDED, THE SAME BEING THE COLLIER COUNTY
CONSOLIDATED IMPACT FEE ORDINANCES, AUTHORIZING
A CHANGE IN METHODOLOGY FOR THE ASSESSMENT OF
NON-RESIDENTIAL WATER AND WASTEWATER IMPACT
FEES BASED ON EQUIVALENT RESIDENTIAL
CONNECTIONS (ERC)-EFFECTIVE DATE: SEPTEMBER 10,
2003
Item # 17J
RESOLUTION 2003-301 AND RESOLUTION 2003-301A
REPEALING RESOLUTION 2003-240 AND AMENDING 2002-
141; CONFIRMING THE PRELIMINARY ASSESSMENT ROLL
FOR THE PRICE STREET-BAREFOOT WILLIAMS ROAD
SPECIAL ASSESSMENT DISTRICT HAS BEEN PREPARED AS
A FINAL ROLL AND ADOPTING SAME FOR THE PURPOSE
OF UTILIZING THE AD-VALOREM TAX COLLECTION
METHOD~ PROJECT NI ~MI:tER 70077
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 11:53 a.m.
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September 1 O, 2003
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL~,~ ..... ~ ./
TOM HENNING, Chairma~
ATTEST: ~,
Dw!GHT'~:'~BROCK, CLERK
Attest as. to Chalnman's
stg~a~
These minutes approved by the Board on
as presented ,// or as corrected
lo.td.o3
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC. BY TONI SHEARER
Page 126