BCC Minutes 11/30/2004 R
November 30, 2004
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, November 30, 2004
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 district as has 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:
Donna Fiala
Frank Halas
Tom Henning
Jim Coletta
Fred Coyle (absent)
ALSO PRESENT: Jim Mudd, County Manager
David Weigel, County Attorney
Jim Mitchell, Office of the Clerk of Court
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
November 30, 2004
9:00 AM
Donna Fiala, Chairman, District 1
Fred W. Coyle, Vice-Chairman, District 4
Frank Halas, Commissioner, District 2
Tom Henning, Commissioner, District 3
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 PRESENT A TION OF
THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED 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
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November 30, 2004
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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. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Kathryn Schillress, St. Monica's Episcopal Church
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary agenda.)
B. October 26, 2004 - BCC Regular Meeting
C. October 27, 2004 - Value Adjustment Board Meeting
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD
MEMBERS)
A. 30 Year Attendees
1. Mark Blum, Transportation Road Maintenance
4. PROCLAMATIONS
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A. Proclamation to designate November 30,2004 as Toys for Tots Day.
To be accepted by Gary Shanabarger.
B. Proclamation to designate December 3rd as The Immokalee Child
Care Center Day. To be accepted by Gary Conley, Executive Board
President.
C. Proclamation to designate December 1,2004 as World Aids Day. To
be accepted by Scott Tims, HIV / AIDS Program Manager for Collier County
Health Department.
5. PRESENTATIONS
A. Executive Summary requesting recognition of Naomi Saunders as Employee
of the Month for November 2004.
6. PUBLIC PETITIONS
A. Public Petition request by Lynne Hixon-Holley to discuss surplus law books.
7. BOARD OF ZONING APPEALS
A. Petition continued to the Februarv 22~ 2005 BCC public hearinf! at the
applicant's reQuest. This item requires that all participants be sworn in
and ex-parte disclosure be provided by Commission members. CU-
2004-AR-5746 Jesse J. Hardy represented by Richard H. Thompson, P.E,
requesting Conditional Use # I of the "A" Rural Agricultural District for
excavation of ponds in conjunction with the permitted use of Aquaculture.
The property is located approximately two miles south ofl-75 and one mile
east of Everglades Boulevard, in Section 16, Township 50 South, Range 28
East, Collier County, Florida, and consists of 160± acres.
8. ADVERTISED PUBLIC HEARINGS
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Hispanic Affairs Advisory Board.
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November 30, 2004
10. COUNTY MANAGER'S REPORT
A. Recommendation to adopt a Resolution authorizing the acquisition by
Condemnation of nonexclusive, perpetual utility and maintenance
easements, temporary construction easements, and access easements for the
construction of a sewer force main, raw water mains and well sites required
for the South County Regional Water Treatment Plant (SCR WTP) Reverse
Osmosis Wellfield Expansion to 20-MGD, Project Number 708921, at a cost
not to exceed $2,622,850. (Jim DeLony, Administrator, Public Utilities)
Copies of the Technical Memorandums and Exhibit "A" are on display in
the Board of County Commissioners's Office, 3rd Floor, W. Harmon Turner
Building, 330 I Tamiami Trail East, Naples, FL
B. Recommendation to adopt a resolution authorizing condemnation of fee
simple interests for the proposed right-of-way and/or stormwater retention
and treatment pond sites, as well as perpetual, non-exclusive road right-of-
way, drainage and utility easements, temporary construction easements and
temporary driveway restoration easements, which will be required for the
construction of roadway, drainage and utility improvements to Santa
Barbara Boulevard from Davis Boulevard to Pine Ridge Road. (Project No.
62081) (Estimated fiscal impact: $14,180,000) (Norman Feder,
Administrator, Transportation Services)
C. Interim progress report about the County's negotiations with Waste
Management Inc. of Florida and Immokalee Disposal Company for solid
waste collection services. (Jim DeLony, Administrator, Public Utilities)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Recommendation for Approval of Amended Settlement Agreement and
Mutual Release between Collier County and Colleen Macort and Access
Now, Inc. in reference to Case No. 2:03-cv-109-FTM-29SPC that is now
pending in the United States District Court for the Middle District of Florida,
Fort Myers Division.
13. OTHER CONSTITUTIONAL OFFICERS
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November 30, 2004
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14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1. Recommendation to adopt a Resolution granting two separate
certificates that authorize Ave Maria Utility Company, LLLP, to
provide water and wastewater service in specific areas of
unincorporated Collier County, as recommended by the Collier
County Water and Wastewater Authority.
2. Petition Carny-2004-AR-6727, Sandra Ramos, Program Leader,
Collier County Parks and Recreation, requesting a permit to conduct
the 11 th annual Christmas Around The World carnival on December
10, 11, and 12,2004, at the Immokalee Sports Complex located at 505
Escambia Street.
3. Recommendation to approve an Interim Management Plan for the
America's Business Park property under the Conservation Collier
Land Acquisition Program.
4. Recommendation to approve an Interim Management Plan for the
Otter Mound Preserve property under the Conservation Collier Land
Acquisition Program.
5. A recommendation for the Board of County Commissioners of Collier
County, Florida to direct staff to initiate a rezone of properties in the
village of Cope1and/ Lee Cypress from CON-ACSC/ST to VR-
ACSC/ST to allow for implementation of activities approved for
Copeland in the fiscal year 2004-2005 Collier County Department of
Housing and Urban Development (HUD) one-year action plan, using
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Community Development Block Grant (CDBG) and Home
Investment Partnership (HOME) funds.
6. Approval of the application for the Property Tax Stimulus Program
and the Job Creation Investment Program by Taylor Elevator
Corporation.
7. Recommendation to approve requests for impact fee reimbursements
to owners of specified lots within Imperial Wilderness RV Resort as a
result of overpayments, establish a time period for future requests for
reimbursements to be filed and direct staff to pursue collection of any
underpaid impact fees within Imperial Wilderness RV Resort.
8. Recommendation to approve Satisfaction of Lien for Code
Enforcement Nuisance Abatement liens that have been paid in full,
Bonnie Fenton, 03-405, Varnville Corp., 96-25 Varnville Corp.,
Varnville Corp., 98-326 Schumacher, 03-408, Baton Rouge LLC, 04-
124, Murray Batson, 03-003 Arnay Kaufman, 01-333, Horse Creek
Partners, Ltd. 04-135, 04-136, 04-137, 04-138, 04-139, 04-140, 04-
141, and 04-142.
B. TRANSPORTATION SERVICES
1. Recommendation to approve a declaration setting aside county-owned
lands for Santa Barbara Boulevard roadway, sidewalk, drainage and
utility facilities. Project No. 62081 (Fiscal impact: $18.50)
2. Recommendation to approve a waiver of the price increase portion of
Bid #04-3599 and authorize the Purchasing Department to approve
requested price increases for certain materials on the bid, as necessary.
3. Recommendation to approve, sign and execute an agreement between
Collier County and the Commission for the Transportation
Disadvantaged for funds in the amount of $514,259 for the provision
of transportation for qualified Medicaid recipients.
4. Recommend Board's approval of Adopt-a-Road Agreements (3) for
the following: Citizens Association of Bonita Beach, Downing-Frye
Realty and Brynwood Corporation.
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November 30, 2004
5. Recommendation to rescind prior Board approval of Contemporary
Controls & Communications, Inc. as the sole distributor of Motorola
irrigation systems in Florida and to authorize the issuance of a
competitive bid to attract multiple vendors of Motorola products.
6. Recommend to award bid #04-3649 Collier County Landscape
Beautification Master Plan-Golden Gate Blvd. median landscape
improvement construction project to Hannula Landscaping, Inc. in the
amount of $366,987.36.
7. Recommendation for Board to approve the purchase of three (3) Bat
Wing Mower Decks from Creel Tractor Company in the amount of
$42,002.58 in accordance with State Bid Contract #765-900-04-01.
8. Recommendation for Board to approve the purchase of one (1) 4,000
gallon water truck in accordance with Bid #05-3732 from Wallace
International Trucks in the amount of$101,850.00.
9. Recommendation for Board to approve the purchase of three(3)20-CY
diesel powered dump trucks in accordance with Bid #05-3731 from
Wallace International Trucks in the amount of$273,675.00.
10. Recommendation for Board to approve the piggybacking of the City
of Fort Lauderdale Bid #2429077 for the purchase of a truck mounted
storm/sewer cleaning machine from Enviromental Products of Florida
in the amount $236,643.30.
11. Recommendation for Board to Approve the piggybacking of Charlotte
County Bid #2004000184 for the purchase of a Menzi Muck A91 4X4
Ditch Cleaning Machine from Menzi Sales USA for the amount of
$227,236.00.
C. PUBLIC UTILITIES
1. Recommendation to approve the Satisfactions of Notice of Claim of
Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $28.50
to record the Satisfactions of Lien.
2. Recommendation to adopt a Resolution to approve the Satisfaction of
Lien for a Solid Waste residential account wherein the County has
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November 30, 2004
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received payment and said Lien is satisfied in full for the 1993 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
Impact is $20.00 to record the Satisfaction of Lien.
3. Recommendation to adopt a Resolution to approve the Satisfaction of
Lien for a Solid Waste residential account wherein the County has
received payment and said Lien is satisfied in full for the 1994 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
Impact is $20.00 to record the Satisfaction of Lien.
4. Recommendation to adopt a Resolution to approve the Satisfaction of
Lien for Solid Waste residential accounts wherein the County has
received payment and said Liens are satisfied in full for the 1995
Solid Waste Collection and Disposal Services Special Assessments.
Fiscal impact is $70.00 to record the Satisfactions of Lien.
5. Recommendation to adopt a Resolution to approve the Satisfaction of
Lien for a Solid Waste residential account wherein the County has
received payment and said Lien is satisfied in full for the 1996 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
impact is $20.00 to record the Satisfaction of Lien.
6. Recommendation to Approve Amendment 2 to Contract 03-3517 with
Greeley and Hansen LLC for "Professional Engineering Services for
Water Main Projects" in the amount of$81,332. Projects 70151,
70152, and 70153.
7. Recommendation to Adopt a Resolution that establishes a Biosolids
Policy whereby the Collier County Water-Sewer District will Promote
and Practice the Beneficial Use of Biosolids and the Reuse/Recycling
of Resources in accordance with the principles of conduct set forth in
the National Bioso1ids Partnership's Code of Good Practice.
D. PUBLIC SERVICES
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1. Recommendation to approve an Agreement For Sale And Purchase
with The Trust for Public Land for purchase of the Mar-Good Resort
in Goodland for $2,500,000 and to approve a Grant Contract with the
Florida Communities Trust for seventy-five percent reimbursement
(estimated at $1,905,000).
E. ADMINISTRATIVE SERVICES
1. Report and ratify staff-approved change orders and changes to work
orders to Board-approved contracts.
2. Approval of Property, Casualty, Workers' Compensation and
Subrogation Claims Settled Under the Authority of the Risk
Management Director During the Fourth Quarter ofFY 04.
3. That the Board of County Commissioners approve award of Bid #05-
3745, "Filters for Fleet," to Bumper to Bumper Parts Depot Company,
Inc., as primary vendor; and to Sam Galloway Ford and Bonita Auto
Supply, Inc., as secondary vendors.
4. Recommendation to Award RFP # 04-3712 "Security Services"
(initial yearly value $300,000) to Wackenhut Corporation for
Courthouse and government Security Services.
5. Recommendation to donate surplus Collier County Law Library books
to the District School Board of Collier County.
F. COUNTY MANAGER
1. Recommendation to Approve First Amendment to Resolution Number
2003-431 for the County Tourism Department, Adopting a Policy for
the Approval of Funds for Travel Expenses for Persons Conducting
Official Tourism Business.
2. Recommendation that the Board of County Commissioners award Bid
#05-3737 in the amount of$51,050.00 to Furnish/Install Live Oak
Trees in Pelican Bay to Landscapes of Distinction, Inc.
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November 30, 2004
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3. Recommendation to Approve a Certificate of Public Convenience and
Necessity for the Collier County Emergency Medical Services
Department.
4. Approval of Two (2) Disaster Relief Funding Agreements between
the Florida Department of Community Affairs and Collier County for
Reimbursement of Eligible Disaster Related Expenses incurred in
response to Hurricane Charley and Hurricane Frances.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Coletta requests Board approval for payment of
Economical Development Council's Invoice #1 11004BCC3 for
having attended the Poland Trade Mission Dinner at Vergina's in the
amount of $82.68 to be paid from Commissioner Coletta's travel
budget.
2. Commissioner Fiala's request for Board approval for payment of
EDC's invoice #111004BCC2, for having attended the Poland Trade
Mission Dinner on November 10,2004 at Vergina; $82.68 to be paid
from Commissioner Fiala's travel budget.
3. Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Commissioner to
attend Southwest Regional Delegation Forum - Issues '05, on
December 10, 2004, at Florida Gulf Coast University; $30.00 to be
paid from Commissioner Fiala's travel budget.
4. Commissioner Halas' request for Board approval for payment for
having attended the EDC's Poland Trade Mission Dinner on
November 10,2004 at Vergina; $82.68 to be paid from Commissioner
Halas' travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1. Miscellaneous Items to File for record with Action as Directed.
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November 30, 2004
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J. OTHER CONSTITUTIONAL OFFICERS
1. Authorize the Supervisor of Elections to accept Voter Education
Funds with a 150/0 matching contribution.
2. Recommendation 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. A copy of the Detailed Report is on display in
the County Manager's Office, Collier County Government Center,
3301 East Tamiami Trail, 2nd Floor, W. Harmon Turner Building,
Naples, Florida.
K. COUNTY ATTORNEY
1. Recommendation to approve a Stipulated Final Judgment as to Parcel
115 in the lawsuit styled Collier County v. Tiburon Golf Ventures,
L.P., et aI., Case No. 04-4678-CA (Vanderbilt Beach Road Project
63051 ).
2. Recommendation to approve a Stipulated Final Judgment as to Parcel
122 in the lawsuit styled Collier County v. Richard D. Lyons as
Trustee of Land Trust No. 11304, et aI., Case No. 04-3779-CA
(Immokalee Road Project 66042).
3. Recommendation to approve a Stipulated Final Judgment as to Parcel
208 in the lawsuit styled Collier County v. Armando A. Lambert, et
aI., Case No. 02-2132-CA (Immoka1ee Road Project 60018).
4. Recommendation to authorize the Office of the County Attorney to
initiate foreclosure proceedings pursuant to Section 162.09, Florida
Statutes, to foreclose a Collier County Code Enforcement Lien arising
from Code Enforcement Board Case No. 2003-039 entitled Board of
County Commissioners, Collier County, Florida v. Van Elway
Enterprises, Inc., D/B/A Ironwood Golf Club.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
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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.
A. This item reQuires that all participants be sworn in and Ex Parte
Disclosure be provided by Commission members. Recommendation to
approve Petition A VPLA T2004-AR6442 to disclaim, renounce and vacate
the County's and the Public's interest in a portion of the 55 foot wide
Drainage and Maintenance Easement located on Lot 41, according to the
plat of "Park Place West" as recorded in Plat Book 17, Pages 32 through 33,
Public Records of Collier County, Florida. Located in Section 15, Township
48 South, Range 25 East.
B. This item reQuires that all participants be sworn in and Ex Parte
Disclosure be provided by Commission members. Recommendation to
approve Petition A VPLAT2004-AR5886 to disclaim, renounce and vacate
the County's and the Public's interest in a portion of the 10 foot wide Utility
Easement located along the rear of Site 52, Block A, according to the plat of
"Pelican Bay Unit One" as recorded in Plat Book 12, Pages 47 through 52,
Public Records of Collier County, Florida, and to accept a 10 foot wide
relocation Utility Easement. Located in Section 30, Township 48 South,
Range 26 East.
C. This item reQuires that all participants be sworn in and Ex Parte
Disclosure be provided by Commission members. Recommendation to
approve Petition A VPLAT2004-AR6555 to disclaim, renounce and vacate
the County's and the Public's interest in a portion of the 15 foot wide
drainage easement located along the rear of lot 18, according to the plat of
"Castlewood at Imperial" as recorded in Plat Book 39, Pages 81 through 82,
Public Records of Collier County, Florida, located in Section 14, Township
48 South, Range 25 East.
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November 30, 2004
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D. This item reQuires that all participants be sworn in and Ex Parte
Disclosure be provided by Commission members. Recommendation to
approve Petition A VPLA T2004-AR644I to disclaim, renounce and vacate
the County's and the Public's interest in a portion of the 15 foot wide Lake
Maintenance Easement located on lot 1, block D, according to the plat of
"Tuscany Reserve" as recorded in Plat Book 39, Pages 88 through 95, Public
Records of Collier County, Florida, located in Section 7, Township 48
South, Range 26 East.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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November 30, 2004
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AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
November 30. 2004
Item 7 A: Public Petition request by Lynne Hixon-Holley to discuss surplus law
books. This item is withdrawn upon approval of Item 16E5 which reads:
Recommendation to donate surplus Collier County Law library books to the
District School Board of Collier County. (Petitioner request.)
Move Item 16D1 to 10D: Recommendation to approve an Agreement For Sale and
Purchase with the Trust for Public Land for purchase of the Mar-Good Resort in
Goodland for $2,500,000 and to approve a grant contract with the Florida
Communities Trust for seventy-five percent reimbursement (estimated at
$1,905,000). (Staff request.)
Item 16(F)1 should read: Recommendation to adopt a Resolution which
supercedes Resolution No. 2003-431, adopting a policy for the approval of funds
for Travel expenses for persons conducting official tourism business. (Staff
request.)
Move Item 16K4 to 12B: Recommendation to authorize the Office of the County
Attorney to initiate foreclosure proceedings pursuant to Section 162.09, Florida
Statutes, to foreclose a Collier County Code Enforcement lien arising from Code
Enforcement Board Case No. 2003-039 entitled Board of County Commissioners,
Collier County, Florida v. Van Elway Enterprises, Inc., D/B/A Ironwood Golf Club.
(Commissioner Fiala request.)
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November 30, 2004
MR. MUDD: Ladies and gentlemen, please take your seats.
Madam Chair, you have a hot mike.
CHAIRMAN FIALA: Thank you very much. The meeting will
come to order, Board of County Commissioners meeting for
November 30th.
Would you all please rise. We're going to have invocation given
by Reverend Kathy Schillreff of St. Monica's Episcopal Church.
REVEREND SCHILLREFF: Good morning. In the Christian
calendar today is the day we remember St. Andrew, and I thought he
was a good person for Collier County to keep in mind, and there are a
number of reasons for that. One is that he was a fisherman, and on a
sort of un biblical note, he's the patron saint of Scotland, and so,
therefore, probably the patron saint of golf.
But for Andrew family was important. He was the younger
brother of Peter, and they were in business together. Andrew was a --
welcoming and responsive to people of different cultures, the stories
and scriptures show that, and he had respect, and he valued children.
All things that I think happen in Collier County and we need to keep
in mind.
So let us pray.
Gracious God, we give thanks today for Andrew. Help us to
follow him in valuing family, responding and welcoming people of
different cultures, and respecting and valuing children.
We give thanks for our county commission and other officials
and staff. Send your spirit of wisdom, justice, and charity upon them,
that they faithfully serve to promote the well-being of all the citizens
of Collier County.
We ask you to bless today's agenda and meeting, and all those
who will come before the commission. And God of all, we give
thanks for the beauty, diversity, and goodness of this part of your
creation. We ask all of this in your holy name, amen.
CHAIRMAN FIALA: And Commissioner Coletta, will you lead
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November 30, 2004
us in the Pledge of Allegiance.
COMMISSIONER COLETTA: I'd be honored to.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: Thank you. Welcome here this morning.
We're glad to see you all here.
Before we move forward, we have a speaker on the consent
agenda, and we'll bring that person forward, then we'll hear from
David, our county attorney, and then we'll hear from Jim Mudd.
Who is our speaker?
MS. FILSON: The speaker is Nancy Payton. 2-A? That's the
consent. That's what you marked down here.
Nancy Payton, Florida Wildlife. It says approval of to day's
regular, consent, and summary agenda, and I wanted to speak to the
regular agenda.
CHAIRMAN FIALA: Oh, what item?
MS. PAYTON: 7 A, the continuance.
MS. FILSON: Okay. I'm sorry. You had 2A down here and 7A,
so -- that's okay.
MS. PAYTON: Well, 2A is approval of to day's regular -- okay.
Whenever it's appropriate to talk --
CHAIRMAN FIALA: You wanted to talk to 7 A, talk about 7 A?
MS. PAYTON: It's being continued, so it would have been
approved under the approval-- I didn't quite know where I should--
would be appropriate.
CHAIRMAN FIALA: Since it's continued, we're really not
having any speakers on the subj ect, because we'll never remember
from today to where it's continued to.
MS. PAYTON: Well, that's why I wanted to speak about the
agen -- the approval of the continuance, because I wanted two
clarifications.
One, is the county going to continue to buy fill from Mr. Hardy
without his -- a current conditional use permit? And, secondly,
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November 30, 2004
because he doesn't have a valid conditional use permit to excavate,
will the county enforce the code? Those are the two questions I was
going to ask.
CHAIRMAN FIALA: Mr. Mudd, did you want to participate in
this conversation?
MR. MUDD: Yes, ma'am. The -- never fail to get into a
challenge. The -- as you vote today to continue this particular item, if
that's what the board desires to do, we will discontinue buying fill
from Mr. Hardy's property as of to day's vote, okay?
The reason we kept buying is because this issue was in the
process of being resolved and coming before the Board of County
Commissioners. Because it's his request to hold off until the 22nd of
February, we believe that it is better to stop buying based on that
particular decision to continue on his part.
The second piece is, do we -- will we enforce the fact that his
permit has expired, yes, ma'am, we will.
MS. PAYTON: Thank you very much. Appreciate it.
CHAIRMAN FIALA: Thank you, Nancy.
MS. FILSON: And Madam Chairman, I have four additional
speakers for that issue.
CHAIRMAN FIALA: She was just talking about the
continuance. I think that what we ought to be doing is we ought to
invite them to come back 22nd of February because Mr. Hardy has
requested that we continue it from today till the 22nd of February.
And as I mentioned before, it's nice that they're here, but we're
never going to remember who had what to say at this meeting till the
22nd, and things change so much in a couple months' time. So if it's
all right -- Commissioner Coletta?
COMMISSIONER COLETTA: I was just going to make a
comment. I agree with you, Commissioner Fiala, but I want them to
know that they can be heard today, if they'd like to. If they could stick
around, the meetings not going to be all that long, and they could
Page 4
November 30, 2004
come under public comments on general topics and be able to address
it at that point in time.
CHAIRMAN FIALA: Yeah. David?
MR. WEIGEL: Thank you. It may be -- and we don't know of
these speakers -- that their intention is to address the procedural issue
of continuance and not the substantive issue of the conditional use
petition itself.
CHAIRMAN FIALA: Okay. So maybe we better call and ask if
they're going to be addressing the continuance or the issue, right?
MR. WEIGEL: Yes. I think so, yes.
CHAIRMAN FIALA: Okay.
MS. FILSON: Mark Gerstel. He'll be followed by Cindy Kemp.
MR. GERSTEL: Hi, I'm Mark Gerstel from the Property Rights
Action Committee. And, yeah, I support Jesse, and I'll wait till
February 22nd for my comments.
Thank you, Commissioners.
CHAIRMAN FIALA: Thank you.
MS. FILSON: Cindy Kemp. She'll be followed by Thelma
Raper (sic).
MS. KEMP: Cindy Kemp, Property Rights Action Committee,
and I go with the continuance. I'll hold my comments till then.
Thank you.
MS. FILSON: Roper, I'm sorry. Thelma Roper. And she'll be
followed by Chris, and I don't know what his last name is.
MS. ROPER: I just wanted to say for the record that we'll wait
till February, and we do support Jesse.
Thank you.
MR. GEHRING: Chris Gehring, and I'm with Aggri Source,
LLC, the contractor doing the excavation for Jesse, and obviously I'll
wait till February 22nd also.
CHAIRMAN FIALA: Thank you.
MS. FILSON: That was your final speaker.
Page 5
November 30, 2004
CHAIRMAN FIALA: And thank you for your good advice,
that's great.
Okay. Now we've heard from speakers for -- with regard to the
consent and regular agenda.
David, do you have anything to add?
Item #12B
DISCUSSION OF THE SHERIFF'S BUDGET APPEAL ITEM
ADDED - APPROVED 4/0; ADDRESS ISSUE: COLLIER
COUNTY SHERIFF FILED AN APPEAL TO THE BUDGET
DECISION OF THIS BOARD WITHE ADMINISTRATION
COMMISSION OF THE GOVERNOR'S OFFICE. AUTHORIZE
AND ENDORSE THE COUNTY ATTORNEY TO PROVIDE AND
FILE A RESPONSE ON BEHALF OF THE COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS AND FOR
CHAIRMAN FIALA TO SIGN ANY RESPONSE,
TRANSMITTAL, OR DOCUMENT THAT MAY BE FILED THIS
MR. WEIGEL: Yes, I do. Thank you. I would ask the board to
add an item listed as 12B under county attorney, an item for you to
add at this time, and actually to essentially hear it or address it now,
too, and this relates to the fact that the Collier County sheriff, as you
know, filed an appeal to the budget decision of this board, that appeal
filed with the administration commission of the governor's offices, and
the county attorney is prepared, working, of course, with this board,
with county manager, county manager's staff, to prepare and file a
response on behalf of the county -- on behalf of the county and the
Board of County Commissioners to the sheriff appeal.
And I would ask that the board, recognizing as agenda item 12B
added on at this time, authorize and endorse the county attorney to
Page 6
November 30, 2004
provide and file a response to the sheriff appeal on behalf of the Board
of County Commissioners, and if appropriate, to authorize Chairman
Fiala to sign any transmittal or document that we may file this week
with the -- with the appeals commission.
COMMISSIONER HALAS: Do you need a motion on that or
just a --
MR. WEIGEL: I would like a motion on that, yes.
COMMISSIONER HALAS: I make a motion that we --
COMMISSIONER COLETTA: I'll second it.
CHAIRMAN FIALA: We have a motion on the floor by
Commissioner Halas to accept 12B on the agenda, and a second by
Commissioner Coletta.
Any discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(N 0 response.)
MR. WEIGEL: And additionally, I'd just as soon that you take--
consider and take action on that at this time as well, and we will be
working upstairs immediately on this.
CHAIRMAN FIALA: Okay. Then we're not discussing it now,
though? We are still discussing it under 12B; is that correct?
MR. WEIGEL: No, I'm suggesting that 12B be taken as an
action right now. I could have just asked for a nod of your head, but I
wanted to give it the -- call it the authenticity of an agenda item itself
being added on and that you vote, in fact, to endorse and authorize the
county attorney to file a response to the sheriff appeal on behalf of the
Board of County Commissioners and to the extent appropriate and
Page 7
--...........
November 30, 2004
necessary for Chairman Fiala to be authorized to sign of on any
document that we file.
COMMISSIONER HENNING: I motion that --
COMMISSIONER HALAS: I make that motion.
CHAIRMAN FIALA: Go ahead.
COMMISSIONER HENNING: I make a motion that we direct
the county attorney to prepare a response to the filing at the appeals
and that the government -- the governor's appeal for the sheriffs
budget and ask the chairperson to sign off on that response.
COMMISSIONER HALAS: I second it.
CHAIRMAN FIALA: Okay. I have a motion on the floor by
Commissioner Henning, a second by Commissioner Halas.
Any discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very well, David. Thank you.
MR. WEIGEL: Thank you very much.
CHAIRMAN FIALA: Do you have anything else that you --
MR. WEIGEL: Just to let you know that as we get to staff
comment at end of the day, that I'll be bringing forward, in a more
informal way, a request relating to a festival-type activity at the
Immokalee Airport later on.
CHAIRMAN FIALA: Thank you.
And Jim?
Item #2A
Page 8
November 30, 2004
REGULAR CONSENT AND SUMMARY AGENDA - APPROVED
MR. MUDD: Yes, ma'am.
Agenda changes, Board of County Commissioners meeting,
November 30th, 2004.
Item 6A. It's a public petition request by Lynn Hixon-Holley to
discuss surplus law books. This item is withdrawn upon approval of
item 16E5, which reads, recommendation to donate surplus Collier
County Law Library books to the district school board of Collier
County, and that's at the petitioner's request.
So if you approve the consent agenda as is with that item on it,
then Ms. Holley will withdraw her petition. And that was -- and that
petition was asked for prior to that item being totally researched, the
legalities, and a recommendation in coordination with the school
board, so that's good.
Next item is move item 16D1 to 10D, and that's a
recommendation to approve an agreement for sale and purchase with
the Trust for Public Land for purchase of the Mar-Good Resort in
Goodland for $2,500,000, and to approve a grant contract with the
Florida Communities Trust for 75 percent reimbursement estimate
(sic) at $1,905,000.
And this was not only staffs request, but it was also -- and it's
Commissioner Coletta's request that this item be brought on the
regular agenda.
Next item is item 16F 1, and it should read, a recommendation to
adopt a resolution which supersedes resolution number 2003-431,
adopting a policy for the approval of funds for travel expenses for
persons conducting official tourism business, and that's at staffs
request.
The next item is to move item 16K4 to 12C, because you made a
motion for 12B, and I did a quick pen and ink to 12C. It's a
Page 9
November 30, 2004
recommendation to authorize the office of the county attorney to
initiate foreclosure proceedings pursuant to section 162.09, Florida
Statutes, to foreclose a Collier County code enforcement lien arising
from Code Enforcement Board case number 2003-039, entitled Board
of County Commissioners, Collier County, Florida, versus Van Elway
Enterprises, Inc., d/b/a Ironwood Golf Club, and that's at
Commissioner Fiala's request.
And then I might add that item 7 A -- and we've talked about it a
little bit already. On that item, you're basically -- the board if they --
when they approve the regular agenda and the consent agenda, they
are basically agreeing to continue Mr. Hardy's request -- his request to
continue his conditional use item until February 22nd, 2005, and I just
thought I'd make you aware of that. That's all I have, Madam Chair.
CHAIRMAN FIALA: Okay. Thank you very much.
Commissioners, do you have anything to add or delete from the
-- or move from the consent agenda?
(No response.)
CHAIRMAN FIALA: Nothing?
All right. Any ex parte to declare for summary agenda?
COMMISSIONER HALAS: Start with me?
CHAIRMAN FIALA: Sure.
COMMISSIONER HALAS: No, I don't have any ex parte at this
point in time to disclose.
CHAIRMAN FIALA: Okay.
COMMISSIONER COLETTA: Madam Chair, I have no
changes and I have no -- nothing to declare at this time.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: Madam Chair, I'd like to move
16F 1 to the regular agenda, which should be 10C, that is the --
MR. MUDD: That will be 10E.
COMMISSIONER HENNING: 10E?
CHAIRMAN FIALA: 10D, right?
Page 10
November 30, 2004
MR. MUDD: IDE. 10D is the Mar-Good property, so this would
be 10E.
CHAIRMAN FIALA: I thought C was the Mar-Good property.
I'm sorry.
COMMISSIONER HENNING: I misspoke, Ms. Chairman.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: The -- I have no disclosures, and
I'm ready to make a motion on today's agenda.
CHAIRMAN FIALA: Very good. I have no disclosures either,
and nothing to move or change.
COMMISSIONER HENNING: I make a motion for today's
regular, consent, and summary agenda as amended.
COMMISSIONER HALAS: I'll second that.
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
Page 11
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
November 30.2004
Item 7 A: Public Petition request by Lynne Hixon-Holley to discuss surplus law
books. This item is withdrawn upon approval of Item 16E5 which reads:
Recommendation to donate surplus Collier County Law Library books to the
District School Board of Collier County. (Petitioner request.)
Move Item 16D1 to 10D: Recommendation to approve an Agreement For Sale and
Purchase with the Trust for Public Land for purchase of the Mar-Good Resort in
Goodland for $2,500,000 and to approve a grant contract with the Florida
Communities Trust for seventy-five percent reimbursement (estimated at
$1,905,000). (Staff request.)
Item 16(F)1 should read: Recommendation to adopt a Resolution which
supercedes Resolution No. 2003-431, adopting a policy for the approval of funds
for Travel expenses for persons conducting official tourism business. (Staff
request.)
Move Item 16K4 to 12B: Recommendation to authorize the Office of the County
Attorney to initiate foreclosure proceedings pursuant to Section 162.09, Florida
Statutes, to foreclose a Collier County Code Enforcement Lien arising from Code
Enforcement Board Case No. 2003-039 entitled Board of County Commissioners,
Collier County, Florida v. Van Elway Enterprises, Inc., D/B/A Ironwood Golf Club.
(Commissioner Fiala request.)
~'"'.'____."~"~'_n"
November 30,2004
Items #2B and #2C
MINUTES OF THE OCTOBER 26, 2004 REGULAR MEETING
AND MINUTES OF THE OCTOBER 27, 2004 VALUE
ADJUSTMENT BOARD MEETING - APPROVED AS
ERESENIED
COMMISSIONER HENNING: Madam Chair, I make a motion
that we accept the BCC regular meeting minutes of October 26th,
2004, and the value adjustment board meeting of October 27th, 2004.
COMMISSIONER HALAS: I'll second that.
CHAIRMAN FIALA: Motion on the floor and a second.
All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good. We move on have to service
awards.
Item #3A
SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD
MEMBERS) - ERESENIED
MR. MUDD: Ma'am, I'd ask the commissioners to stay where
they are, okay, on this one, because we only have one service award,
and it's for a 30-year attendee, and that's Mark Blum from the
transportation road maintenance department.
Come on up, Mark.
Page 12
November 30, 2004
CHAIRMAN FIALA: Hi, Mark.
COMMISSIONER HALAS: Good morning. Come on up.
CHAIRMAN FIALA: Well, congratulations. Rather,
congratulations to us that we kept you so long. Glad you stayed with
us. I want to know what's in the package.
Thank you very much for all your hard work.
COMMISSIONER HENNING: Must be a very patient man.
Thanks for your service.
MR. BLUM: Thank you. Appreciate it.
COMMISSIONER COLETTA: Thank you very much.
COMMISSIONER HALAS: Thank you for the 30 years of
dedicated work for the county.
CHAIRMAN FIALA: You must have started when you were 12.
Would you turn around so we can take your picture.
(Applause ).
MR. BLUM: Thank you.
CHAIRMAN FIALA: That was just great.
Item #4A
PROCLAMATION TO DESIGNATE NOVEMBER 30,2004 AS
TOYS EOR.IO.ISJ1 A Y - A no:ITED
Commissioner Henning, we have a proclamation for the Toys for
Tots Day. Would you please read that.
COMMISSIONER HENNING: And that would be accepted by
Gary Shanabarger. Is Gary here?
Anybody from Toys for Tots, come on up, bring everybody else,
please, and I'll go ahead and start.
Whereas, Naples Marine Corporation (sic) League is the only
organization authorized to conduct an official Toys for Tots campaign
within Collier County for 2004; and,
Page 13
November 30, 2004
Whereas, Toys for Tots Program is dedicated to provide (sic)
Christmas toys to the needy children of Collier County; and,
Whereas, during 2003 Toys for Tots campaign, 22,179 toys were
distributed to 5,432 Collier County children by the Naples Marine
Corps League; and,
Whereas, the Naples Marine Corps League is exercising (sic) the
Toys for Tots campaign within -- with the support of local community
leaders, church groups, and Collier County social/family agencies to
ensure that needy children receive Christmas toys; and,
Whereas, the American public supports Toys for Tots as a charity
benefitting needy children; therefore, all collections are managed and
distributed by the Naples Marine Corps League; and,
Whereas, the Marine Veterans and other volunteers are dedicated
to conduct (sic) a successful Christmas toys -- toy collection and
distribute (sic) campaign for 2004 Christmas season.
Now, there (sic), be it proclaimed that the Board of
Commissioners of Collier County, Florida, that November 30th, 2004,
be designated as Toys for Tots Day.
Done in this order, 30th day of November, signed by the
chairman of the Board of Commissioners, Donna Fiala.
I'd make a motion that we approve this proclamation, Madam
Chair.
CHAIRMAN FIALA: And I second that.
All those in favor, signify by saying.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you very much.
(Applause.)
Page 14
,_,__._,v
".._ .._.~,,--...._ . .'." '«.'__C
November 30,2004
CHAIRMAN FIALA: You guys do wonderful work. Thanks for
all you're doing for the kids in our community.
COMMISSIONER HENNING: Busy next few weeks.
CHAIRMAN FIALA: Yeah, it's good to see you again.
COMMISSIONER COLETTA: Hurricane, Toys for Tots. You
guys are wonderful.
CHAIRMAN FIALA: Thank you. Yes, photo time.
(Applause.)
CHAIRMAN FIALA: And now we have a proc --
MR. SHANABARGER: Couple words, please?
CHAIRMAN FIALA: Oh, yeah.
COMMISSIONER COLETTA: Sure.
COMMISSIONER HENNING: Love to.
MR. SHANABARGER: I'll just -- I'll keep it to a couple as well.
First of all I want to thank all the commissioners for this
proclamation. Toys for Tots, as you know, is run by the Naples
Marine Corps League. It's a non-profit organization.
Before our toy drive is over this year, our league members and
other volunteers will put in 14- or 15,000 man-hours getting this thing
underway and getting all the toys distributed.
The toys this year are going to be distributed on the 17th, 18th of
December. We're in Grand Central Station facing 10th street. We'll
start at eight in the morning run till about five each day, and we've
love to have you all come down and see what we do down there.
It's quite a sight to see, 20-, 30,000 toys in a pile. A little better
than a pile, really. It's an organized pile.
But we thank you for the proclamation and for the publicity that
you're generating for us. Thanks again.
CHAIRMAN FIALA: Let me ask you one or more time, Gary,
your office is located?
MR. SHANABARGER: We are on 10th Street in Grand Central
Station, and it's just north of train depot. And Grand Central Station.
Page 15
November 30, 2004
faces Goodlette, however, we're on the 10th Street side, the west side
of the building.
CHAIRMAN FIALA: Very good. And what hours are you
open?
MR. SHANABARGER: Just on Saturday and Sunday, the 17th
and 18th. All of our collection points throughout the county -- we
have a lot of the banks involved this year, a lot of the -- lot of the
communities around the county, all the communities in Pelican Bay
are participating, Pelican Marsh, we had the Vineyards, and it just
goes on and on.
On the 11 th of December we have a -- our postal worker's
collection, and we send out 125,000 fliers for that collection. That's a
big day for us. So we're looking forward to more than the 20 some
thousand toys we had last year.
CHAIRMAN FIALA: Thank you.
COMMISSIONER HENNING: Madam Chair, I'm sure they're
looking for unwrapped toys.
MR. SHANABARGER: New, unwrapped toys.
CHAIRMAN FIALA: Oh, I see. Thank you for pointing that
out. I didn't know that.
MR. SHANABARGER: Yes, I appreciate that.
CHAIRMAN FIALA: Okay. So now we have the whole story,
and you're open on the 17th and 18th for people to bring their new,
unwrapped toys to your --
MR. SHANABARGER: Yes. We'll be down there. You can
drop them off in the mall is the best location. We're down by the food
court.
CHAIRMAN FIALA: Okay.
MR. SHANABARGER: And that's probably most convenient.
Most people do go to the mall between now and Christmas, and -- or
any -- any of your banks. We also take contributions.
CHAIRMAN FIALA: Thank you.
Page 16
'"_."~,~--_..
November 30, 2004
MR. SHANABARGER: You just have to ask one of the tellers,
how do I make a contribution to Toys for Tots. We use that money to
purchase toys where we're light in various areas. We get a lot of toys
for the three to eight-year-olds. Teen toys we're very short of, and
that's what we use the money for is to go out and purchase radios and
things that a teenager would appreciate.
COMMISSIONER HENNING: So when you go to the bank to
make a deposit, you just make a deposit to the Marine Corps.
CHAIRMAN FIALA: I see.
MR. SHANABARGER: Right. Sounds good to me.
CHAIRMAN FIALA: Is he your spokesman?
MR. SHANABARGER: If he's not, he's going to be.
CHAIRMAN FIALA: He should be. When it comes to children,
he's got a really tender spot in his heart for kids.
MR. SHANABARGER: Well, so do the these guys back here in
the back of the room, believe me.
CHAIRMAN FIALA: Thank you.
MR. SHANABARGER: They put in hours and hours and hours
doing this each year. We've been doing it for 23 years here in Collier
County. It's been done nationwide since the 40s. But the response
nationwide will probably result in about 30 million toys this year
donated to the Marine Corps League and the other reserve units that
hand out the toys, so the response is great.
CHAIRMAN FIALA: Thank you, Mr. Shanabarger.
MR. SHANABARGER: We thank you again. Bye.
Item #4 B
PROCLAMATION TO DESIGNATE DECEMBER 3,2004 AS THE
CHAIRMAN FIALA: And, Commissioner Coletta, will you
Page 1 7
November 30, 2004
read us the proclamation regarding the Immokalee Childcare Center.
COMMISSIONER COLETTA: It would be an honor, Madam
Chair.
I'd ask at this time Gary Conley, and whoever else may be with
him -- Mr. Conley is the executive board president of the Immokalee
Childcare Center.
Thank you for being here today, gentlemen.
Whereas, the Immokalee Childcare Center is a not- for-profit
nationally accredited early childhood education center located in the
rural farm -- farming community of Immokalee, Florida; and,
Whereas, our purpose is to make a difference in the lives of
young children so, in turn, they can someday make a difference in the
lives of others. The children we serve are considered "At Risk" by
virtue of their circumstances; therefore, we provide early education,
healthy meals, tuition assistance, and a safe place to harbor; and,
Whereas, we believe that children learn through play, so we plan
developmental (sic) appropriate activities in their daily curriculum;
and,
Whereas, the Immokalee Childcare Center is a partnership
designed to give children the best possible start in life and to support
parents in their role as their childrens' (sic) first and most important
teacher; and,
Whereas, the Immokalee Childcare Center strives to develop
creativity and self-expression, fosters positive attitude toward self and
other cultural language skills, and communication ability, stimulates
interest in mathematics, science, and arts and promotes health,
physical growth and motor development, encourages self-discipline
acceptance of reasonable limits and strengthens home center relations;
and,
Whereas, the mission of the Immokalee Childcare Center is
based on creating a positive, nutrient (sic) environment where
relations are strengthened, children are encouraged, and families are
Page 18
November 30,2004
able to begin laying a strong, healthy foundation for their children;
and,
Whereas, at the Immokalee Childcare Center, we believe the
children are the future. We believe it is our responsibility as adults to
give them every opportunity to express and live their childhood to the
fullest.
And therefore, be it proclaimed by the Board of Collier County
Commissioners, Collier County, Florida, that December 3rd, 2004, be
designated as the Immokalee Childcare Center Day.
Signed this day, November 30th, Donna Fiala, Chairman, and it
would be my pleasure, Madam Chair, to recommend this for approval.
COMMISSIONER HALAS: And I'll second that.
CHAIRMAN FIALA: Okay. I have a motion to approve and a
second.
All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you.
(Applause.)
COMMISSIONER COLETTA: Thank you for being here today.
CHAIRMAN FIALA: A dear friend and an old friend.
(Applause.)
CHAIRMAN FIALA: Would anybody like to say a few words?
MR. CONLEY: I do have a couple of prepared remarks, but I'll
be brief.
On behalf of the Immokalee Childcare Center, I'd like to thank
the commissioners for their recognition and the acknowledgement of
our very worthy program. In turn, the Immokalee Childcare Center
Page 19
November 30, 2004
would like to recognize and acknowledge the commissioners of
Collier County for the instrumental role they played in our beginning
more than 40 years ago.
Where in 1964 the commissioners of Collier County agreed to
lease us a county owned property that became the initial location of
the Immokalee Childcare Center. Over the years a lot has changed.
We're no longer at that open-air washhouse that we once leased from
the county. We now operate a very modem 11,000-square foot school
that we built and dedicated in 1996. And we've gone from mere
custodial care of the children to early education of the children.
Today the Immokalee Childcare Center is a duly accredited
earlier learning center that provides care and education for up to 110
children in the Immokalee area; children ranging in age from infant to
prekindergarten.
Even though our location has changed and our purpose has
changed, we are still and always will be grateful for the assistance the
commissioners have provided throughout the 40-year development of
the Immokalee Childcare Center.
Thank you.
CHAIRMAN FIALA: Thank you.
(Applause.)
CHAIRMAN FIALA: And Commissioner Halas, would you
read the last proclamation, please.
Item #4C
PROCLAMATION TO DESIGNATE DECEMBER 1, 2004 AS
WO~AY-A~
COMMISSIONER HALAS: I'd love to. Is Scott Tim's from
HIV/AIDS here to represent the group? Would you step forward, sir.
It's great to have everybody here this morning.
Page 20
November 30,2004
The proclamation reads as follows:
Whereas, the global epidemic of AIDS -- HIV / AIDS, requires a
worldwide effort to increase communication, education, and united
action to stop the spread ofHIV/AIDS; and,
Whereas, the American Association of World Health is
encouraging a better understanding of the challenge of HIV / AIDS
nationally as it recognizes the number of people diagnosed with
HIV/AIDS in the United States -- the United States continues to
increase, with 900,000 people in the U.S. now affected (sic); and,
Whereas, as of September 30th, 2004, Collier County had 877
AIDS cases and -- reported; and,
Whereas, the World AIDS Day 2004 theme, "Have you heard me
today?" seeks to raise awareness about, and help address, the many
issues affected women and girls around the HI -- HIV / AIDS.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that December 1 st, 2004,
be designated as World AIDS Day, and urge all citizens to take part in
activities and observances designed to increase awareness and
understanding of HIV and AIDS, to take part in HIV / AIDS prevention
activities and programs and to join the local efforts to prevent further
spread of HIV / AIDS.
Done and ordered this 30th day of November, Board of County
Commissioners, Collier County, Florida, Donna Fiala, Chairperson.
And I move that we approve this proclamation.
COMMISSIONER HENNING: Second.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Okay. I have a motion and a couple
seconds. Commissioner Henning and Commissioner Coletta both
second.
All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
Page 21
November 30, 2004
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you.
(Applause.)
CHAIRMAN FIALA: Thank you.
MR. TIMS: I would just like to take a moment to thank you for
the proclamation today and to -- for recognizing the importance of this
day and the awareness. I'd like to also put out an invitation to you to
attend our event tomorrow night as the River Park Community Center.
There will be a candlelight vidual, different speakers from different
agencies in the community that work with people with AIDS, and
some folks from Tampa from the AIDS Institute will be here as well.
We're also offering free HIV and hepatitis testing tomorrow at the
Health Department, so thank you.
CHAIRMAN FIALA: Thank you very much.
Item #5A
RECOMMENDATION TO RECOGNIZE NAOMI SAUNDERS AS
"EMPLOYEE OF THE MONTH" FOR NOVEMBER, 2004 -
ERESENIED
And now I am pleased to honor -- or to read a presentation
recognizing Naomi Saunders as the Employee of the Month.
Naomi, are you here? Come on up.
(Applause.)
CHAIRMAN FIALA: And you can face the audience, as
embarrassing as it is.
Naomi -- let me just see. I want to read some special things. I
read about her the other day, and I was so pleased to hear this.
Page 22
November 30, 2004
It's actually difficult to put into words the tremendous respect that
we have for this employee. Instead of the squeaking cog in the wheel
that gets recognized first, she is the quiet, well-oiled cog in the wheel
that keeps everything moving in a smooth and efficient manner.
No job is too small for Naomi. A good example being how she
walks all important documents to their destination for the sake of
efficiency, and it has been intriguing to watch this smiling,
soft-spoken person who is so conscientious and diligent.
Over the years anyone who came in contact with her realized
there was so much more to her as she consistently does more than
what is asked of her, or expected, by the way, on her job.
Naomi is often the first to be called on when an extra hand is
needed to complete an assignment or special project. She has stepped
in to assist during health fairs, off-site recruitment functions, county
government days, and so forth. Always volunteering her time, while
still keeping up with her assigned work duties.
Her work is superior, and she deserves to be recognized for the
day-to-day way she handles herself, her duties and the needs of people
around her. She simply has an outstanding work ethic, a dedication to
a job well done, and a persevering attitude in accomplishing any task
that exists, whether assigned to her or not.
And I'm so pleased to give her this award.
Thank you, Naomi, for all you do.
(Applause.)
CHAIRMAN FIALA: Let me shake your hand. Can we take a
picture?
Photo opportunity, Naomi.
MS. SAUNDERS: I don't like those.
(Applause.)
CHAIRMAN FIALA: Thank you. Thanks again.
And now we move on to 9A, appointment of members to the
Hispanic Affairs Advisory Board.
Page 23
November 30, 2004
MR. MUDD: Commissioner, before you go there --
CHAIRMAN FIALA: Yes.
Item #7 A
CU-2004-AR-5746: JESSE HARDY REPRESENTED BY
RICHARD H. THOMPSON, P.E., REQUESTING CONDITIONAL
USE #1 OF THE "A" RURAL AGRICULTURAL DISTRICT FOR
EXCAVATION OF PONDS IN CONJUNCTION WITH THE
PERMITTED USE OF AQUACULTURE. THIS PROPERTY IS
LOCATED APPROXIMATELY TWO MILES SOUTH OF I-75
AND ONE MILE EAST OF EVERGLADES BOULEVARD, IN
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA, AND CONSISTS OF 160+/-
ACRES - AT THE APPLICANTS REQUEST THIS ITEM HAS
BEEN CONTINUED TO THE FEBRUARY 22, 2005 BCC PUBLIC
HEA.RING - A IœR OVED
MR. MUDD: Just to make sure -- because it wasn't written on
the change sheet, and David and I have talked a little bit, and
sometimes redundancy is the best part of not getting into a lawsuit.
Can I get a motion, an official motion on 7 A to be continued?
COMMISSIONER HALAS: I make that motion that we
continue 7 A till February 22nd.
CHAIRMAN FIALA: Okay.
COMMISSIONER COLETTA: I second it.
CHAIRMAN FIALA: I have a motion on the floor by
Commissioner Halas and a second by Commissioner Coletta.
All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
Page 24
-'--
November 30, 2004
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: There you go.
MR. MUDD: That brings us to 9 --
CHAIRMAN FIALA: Better to be safe.
MR. MUDD: Yes, thanks, ma'am.
Item #9A
RESOLUTION 2004-368: APPOINTING JAMES ALWARD
VANFLEET, MANUEL C. GONZALEZ, RAYMOND CABRAL,
AND COSME E. PEREZ TO THE HISPANIC AFFAIRS
This brings us to 9 A then, which is an appointment of members
to the Hispanic Advisory Committee.
MS. FILSON: And Commissioner -- or Madam Chairman, if I
may, this particular committee I have on the committee
recommendation that there was no quorum and no recommendation,
but after I had submitted this for the agenda, they did, indeed, meet
and recommended all four applicants --
CHAIRMAN FIALA: Oh, great.
MS. FILSON: -- for appointment.
CHAIRMAN FIALA: Very good.
COMMISSIONER COLETTA: I make a motion that we
approve them.
COMMISSIONER HALAS: I'll second that then.
CHAIRMAN FIALA: Okay. A motion to approve all four
people on the agenda to the Hispanic Affairs Advisory Committee by
Commissioner Coletta, second by Commissioner Halas.
Any discussion?
Page 25
November 30, 2004
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Okay.
And we move onto item lOA.
Item #10A
A RESOLUTION AUTHORIZING THE ACQUISITION BY
CONDEMNATION OF NONEXCLUSIVE, PERPETUAL UTILITY
AND MAINTENANCE EASEMENTS, TEMPORARY
CONSTRUCTION EASEMENTS, AND ACCESS EASEMENTS
FOR THE CONSTRUCTION OF A SEWER FORCE MAIN, RAW
WATER MAINS AND WELL SITES REQUIRED FOR THE
SOUTH COUNTY REGIONAL WATER TREATMENT PLANT
(SCRWTP) REVERSE OSMOSIS WELLFIELD EXPANSION TO
20-MGD, PROJECT NUMBER 708921, AT A COST NOT TO
EXCEED $2,622,850. (JIM DELONY, ADMINISTRATOR, PUBLIC
UTILITIES) COPIES OF THE TECHNICAL MEMORANDUMS
AND EXHIBIT "A" ARE ON DISPLAY IN THE BOARD OF
COUNTY COMMISSIONERS'S OFFICE, 3RD FLOOR, W.
HARMON TURNER BUILDING, 3301 TAMIAMI TRAIL EAST,
NAPLES, FL - MOTION TO CONTINUE TO JANUARY 11, 2005
Bee MEEIlliG - AEEROVEJ)
MR. MUDD: Item lOA, which is a recommendation to
adopt a resolution authorizing the acquisition by condemnation of
Page 26
November 30, 2004
nonexclusive perpetual utility and maintenance easements, temporary
construction easements and access easements for the construction of
sewer force main, raw water mains, and well sites required for the
South County Regional Water Treatment reverse osmosis wellfield
expansion to 20 million gallons per day. And it's project number
708921, at a cost not to exceed $2,622,850.
Jim DeLony, public utilities administrator, will present. And I
don't think that's Jim DeLony.
MR. GRAMATGES: No, it is not.
MR. MUDD: Okay. And copies of the technical memorandums
and Exhibit A are on display in the Board of County Commissioner's
Office, third floor, West Harmon Turner Building, 3301 Tamiami
Trail East, Naples, Florida
MR. GRAMATGES: Good morning. This is -- I am Phil
Gramatges, senior project manager, public utilities engineering, and
I'm here to present agenda item lOA; however, I do need help in order
to put this on the podium because I don't see the instructions that I
have been given to do it.
COMMISSIONER HENNING: I need some assistance in that
area, too.
MR. GRAMATGES: I'm glad to see I'm not the only one having
this problem.
Then I will proceed without it, if I may.
Okay. This item is acquisition by condemnation for South
County Regional Water Treatment Plant reverse osmosis well field
expansion to 20-MGD.
CHAIRMAN FIALA: Would you please tell the audience where
the South County Regional Water Treatment Plant is?
MR. GRAMATGES: Yes, certainly.
CHAIRMAN FIALA: Thank you.
MR. GRAMATGES: The South County Regional Water
Treatment Plant is along Collier Boulevard, State Road 951, a couple
Page 27
"".."'.,....;--......-....
November 30, 2004
miles north of the intersection with I- 7 5, and it serves the southern
part of the county.
The project scope is for construction of production wells,
transmission mains, and related underground utilities within and
adjacent to the Florida Power and Light electrical transmission line
easement along Collier Boulevard, State Road 951.
And the purpose of this resolution is because in addition to
permission from Florida Power and Light to utilize its easements, it is
necessary to recognize and accommodate the property rights of the
owners of the properties that will be affected by this project.
Now, the next slide is a project location, and unfortunately, it's
going to be very difficult to see what we have here, so I will try to
describe it for you.
What this shows is the location of the wellfield. The wellfield
will be along the Florida Power and Light easement which runs south
from Beck Road to Rattlesnake Hammock Road, and that will involve
23 wells that will be suppling the necessary raw water for the 12 MGD
expansion that has been approved for the South County Regional
Water Treatment Plant.
Now, I'd like to take a couple minutes to describe how we arrived
at this location. The engineer of record is Greenly and Hanson, LLC,
and they have subcontracted with Water Resource Solutions, the
hydrogeological consultant, for the determination of the location of
the wellfield.
The first study that was made by the consultant, the
sub consultant, determined that the best location for the wellfield will
be in a strip of land approximately one and a half miles wide to the
east of State Road 951, and thus, the location here.
The next step was for the consultants to determine what the best
routing would be for this raw water coming into the plant. And three
alternatives were selected, and a study was conducted to determine
which of these three alternatives would be the best based on a number
Page 28
November 30, 2004
of criteria.
Criteria being cost, environmental impact, wetland mitigation,
safety, permitting or the ability to obtain permits, long-range planning,
and operational and maintenance accessibility.
Then this was presented in a matrix. Each one of these criteria
was given a weight or importance, and each one of the three locations
was evaluated against this importance and given a ranking from one to
four. One being poor; four being best. And then a matrix was created,
multiplying both the ranking and the criteria to come up with a weight.
After the weight was obtained, the ones with the highest numbers
were then evaluated on a logical view, looked at to determine, does
this make sense? Is this something that meets all the criteria without
exceeding some other things that may not be included in the criteria
explained, and then a selection was made.
The third step then was to look at once a route was determined,
what is the best location for wells to supply water to this particular
main that will be on this routing. The same criteria was used. Once
again, cost, environmental and wetlands mitigation impact, safety, the
ability to obtain permits, long-range planning, and operational and
maintenance accessibility. And the same ranking was made.
I would like to say at this time that the legals referenced in
Exhibit A to the resolution on {?} tanicle memorandums that outlined
the various factors that are considered in designing the proj ect were
provided as part of the electronic agenda. Additionally, hard copies
were delivered to the board office for review by the board members
and public, if desired. So all this documentation is explained at length
in the additional documentation that you have.
Then, once a proj ect location was determined and the location of
the wells were factored in, the proj ect cost was determined. And the
project cost for the acquisition by condemnation of the nonexclusive
perpetual utility and maintenance easements is estimated not to exceed
$2,622,850.
Page 29
November 30, 2004
Now, the staff recommends that having reviewed the alternative
locations, environmental factors, cost variables, safety and welfare
considerations as they relate to the construction of the project, we find
that the most feasible location of the construction is shown on Exhibit
A of the attached resolution.
Also, we recommend adopting a resolution authorizing the
acquisition by condemnation on nonexclusive perpetual utility and
maintenance easements, temporary construction easements, and access
easements as required to complete the proj ect; furthermore, authorize
the chairman to execute the resolution and approve any and all
necessary budget amendments.
And this concludes my presentation. Are there any questions?
CHAIRMAN FIALA: Commissioners?
Yes, Commissioner Henning?
COMMISSIONER HENNING: The backup material which is
being brought in, the schematic of the routes of the easements actually
jog to the east and then came back to the FP&L easement. And what
you showed here, it is just going straight down.
MR. GRAMATGES: Yes, sir.
COMMISSIONER HENNING: Which one are we approving?
MR. GRAMATGES: You're approving the one that goes straight
down on the easement -- the FP &L easement.
COMMISSIONER HENNING: Okay. What kind of access are
you going to need to get to this easement? Are you going to have to
have temporary taking of properties to the east or west?
MR. GRAMATGES: Yeah, certainly. There are some
temporary easements that will be required during construction; and
furthermore, there will easements that will be required for the location
of the wells, and for the maintenance of those wells once the wells are
established.
COMMISSIONER HENNING: How would this affect the
community? I believe it's {SP} Forest Lakes right there at Davis and
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._'~_.~.__..-.>'-_.~.."
November 30, 2004
951.
MR. GRAMATGES: We don't foresee that it's going to have any
impact on Forest Lakes. Forest Lakes, as I remember, is on the west
side of951.
COMMISSIONER HENNING: {} Forest Glen?
MR. GRAMATGES: Forest Glen, the west side of951.
COMMISSIONER HENNING: It's on the east side of951.
MR. GRAMATGES: There is going -- the plan shows the
location of the wells, and there will be some lines coming from the
wells into the main transmission line. The main transmission line will
be confined to the FP&L right-of-way. And the reason why it was
done this way was simply because it minimized the impact on the
community that surrounds the proj ect.
COMMISSIONER HENNING: There is a golf course there.
There's a fire station. There are homes.
MR. GRAMATGES: Yes.
COMMISSIONER HENNING: Okay. How would it impact
that, those?
MR. GRAMATGES: The easements where designed in order to
impact to all these properties. But indeed, there will be some impact.
There's no denying that.
COMMISSIONER HENNING: What would be the impacts?
MR. GRAMATGES: Well, the impact will be -- as far as the
wells is concerned, the wells will be above ground and it will -- they
will be surrounded by a fence and made -- and built in an
environmentally sound manner so that it will be not -- it will not be
evident that they're there.
The transmission lines will be all underground. So once the
construction is completed, the transmission lines will not be noticeable
to any casual observer.
COMMISSIONER HENNING: What about the construction
phase? How would it impact the fire station, the golf course, the
Page 3 1
November 30, 2004
residents that live in that area?
MR. GRAMATGES: During the construction there will be some
impact --
COMMISSIONER HENNING: Can you explain what --
MR. GRAMATGES: -- of this area.
COMMISSIONER HENNING: -- what the impacts will be?
MR. GRAMATGES: I cannot explain in details what the impact
will be in each and every one of them. All I can say is that we have
studied them carefully and we have tried to minimize whatever impact
we're going to do.
Having said this, it certainly will not keep the golf course from
operating and it will not keep any of the businesses in that area from
operating. They may have to modify some of the things they do in
order to accommodate the work in progress, but it's not going to
permanently or severely affect their ability to conduct business or the
li fe sty le any of the neighbors that will be there.
COMMISSIONER HENNING: What will be the effect of the
operation of the fire station?
MR. GRAMATGES: It will not affect the fire station in any way
that will have a direct impact on their ability to service the
community.
COMMISSIONER HENNING: And that's guaranteed by the
county?
MR. GRAMATGES: That would have to be guaranteed by the
county because we'd recognize that we have a responsibility to all the
neighborhoods to provide all those services.
COMMISSIONER HENNING: Okay.
CHAIRMAN FIALA: You know, I -- oh, Commissioner Halas,
go ahead.
COMMISSIONER HALAS: No. You just answered my
question. I was concerned about the ingress and egress of the fire
station. And I believe what you're also saying is the fact that the
Page 32
November 30, 2004
impact will not be a taking of any homes; is that true?
MR. GRAMATGES: No, it will not be a taking of any homes,
no.
COMMISSIONER HALAS: That's basically, if there's any
taking of land, it would be a small portion of backyards or something
of this nature or whatever belonged to that particular community, such
as Forest Glen; that would be the easement acquiring land right at the
very front of that property line of Forest Glen; is that correct?
MR. GRAMATGES: That is correct, Commissioner.
COMMISSIONER HALAS: Okay.
CHAIRMAN FIALA: So you say some impact. What does it
look like? Somehow when you say above ground and a fence and
then environmentally dressed up, or however you put it--
MR. GRAMATGES: Yes.
CHAIRMAN FIALA: -- what does that really mean? What is it
going to look like at the entrance to their community?
MR. GRAMATGES: There will be a well located close to the
entrance of the community. And if we are -- the well obviously will
not be hidden. It will be blended into the surroundings in the sense
that our standards require that, whenever is necessary, we produce a
fence, we produce noise-reduction facilities, and we locate the wells
low enough that they will not become a nuisance and they will not
interrupt the site.
Now, some of these wells will be required to have a diesel
generator backup, and those wells are typically selected to be in an
unobtrusive area. Obviously a diesel generator produces some noise,
so we have to provide some noise reduction facilities there, some
noise reduction barriers.
Those will also be tested on a regular basis. So we expect that
once a month for a period of several minutes we will be running these
diesel generators, and the neighbors, obviously, will hear some noise.
But for the most part, those generators will not be operating unless we
Page 33
November 30, 2004
have an emergency.
As far as the location of the wells and how obvious the wells will
be, most of the neighbors will not even be aware that there's wells
there. They will be located relatively low to the ground, they will be
sounded by vegetation, and there will be enough landscaping that will
allow them to blend in an unobtrusive way with the surroundings.
CHAIRMAN FIALA: Now, this --
MR. MUDD: Let me give you a -- let me give you --
CHAIRMAN FIALA: Let me ask this question, if you don't
mind.
MR. MUDD: Sure.
CHAIRMAN FIALA: With the diesel going on, testing it
consistently, how close will that be to neighborhoods? I mean, you
say you're going to try and locate it away from, and that's admirable,
except how far away from, and where are you going to locate it where
there isn't a neighborhood?
MR. GRAMATGES: Well, there is -- the majority of the wells
we'll be locating in areas where there is no population at this point in
time, and that's where the maj -- that's where all the diesel generators
will be located.
COMMISSIONER HALAS: Madam Commissioner?
Maybe if the one slide, if you could put that one slide up with the
location of the wells --
MR. GRAMATGES: Certainly.
COMMISSIONER HALAS: -- maybe could give us a general
picture of about where -- the location of the wells that are going to
have auxiliary power applied to them if needed.
CHAIRMAN FIALA: Oh, Good.
COMMISSIONER HALAS: Okay?
MR. GRAMATGES: I think at this time I should explain as well
that we don't have approval from the commissioners yet to spend any
money in doing any of the design, so, therefore, the design is not far
Page 34
November 30, 2004
enough along that I can pinpoint exactly which one of these wells will
have generators and which ones will not; however, this drawing here
shows where the exact location of the wells will be.
Now, most of those in the center will be in a rock quarry that
exists right now, and most of the locations north of that are in
locations that at this point in time do not have any housing
developments.
COMMISSIONER HALAS: Okay.
MR. GRAMATGES: Most of the housing development is to the
south.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Commissioners, we have three
choices, what I see from the backup material. Alternative one, which
is shown on our slide; alternative two, where the well sites go to the
east, is impacting Forest Glen and then coming back to the FP&L
corridor; alternative three would be to go down 951. Am I correct?
MR. GRAMATGES: That's correct.
COMMISSIONER HENNING: And what you're asking is to
choose alternative one.
MR. GRAMATGES: Alternative -- the one that goes down the
FPL corridor.
COMMISSIONER HENNING: Right, correct.
MR. GRAMATGES: Yes.
COMMISSIONER HENNING: That's alternative one. And I
just have a, you know, problem. It is a -- I'm not sure if we're going to
need a continual use for this, which is going to take a supermajority.
Definitely is an impact on this community, and I'm not sure if we want
to impact this community in such a manner, and I'm not sure what
additional costs of one, two, or three, or what the costs are. of one, two,
or three.
MR. GRAMATGES: As far as the condemnation is concerned,
we can't at this point in time give you any cost estimates for those
Page 35
November 30, 2004
alternatives; however, I can tell you that based on the studies that were
conducted, if we placed this wellfield in a location other than the one
we recommended, we know that it will be costlier, it will have a
higher environmental impact, it will be less reliable.
COMMISSIONER HENNING: Now, you have -- you have
done sample testings of the hydraulics?
MR. GRAMATGES: We have tested the hydraulics, yes.
COMMISSIONER HENNING: In all three -- in all three
alternatives?
MR. GRAMATGES: We have tested the hydraulics on the
alternatives that is being recommended.
COMMISSIONER HENNING: Okåy. So--
MR. GRAMATGES: The hydrology of the field in general has
been tested, yes.
COMMISSIONER HENNING: The statement of this is -- this is
a better site for wells is not true, because we don't know if alternative
one or alternative three would be a -- an acceptable site. Did you look
at alternative two and alternative three for environmental impacts?
MR. GRAMATGES: Yes.
COMMISSIONER HENNING: Okay. So you did that part of it.
MR. GRAMATGES: Absolutely.
COMMISSIONER HENNING: Okay. What else didn't you do
on alternative two and alternative three?
MR. GRAMATGES: In all of the alternatives, one, two, and
three, we looked at the cost, we looked at the environmental impact
and the wetlands mitigation issues, we looked at safety, we looked at
permitting, the ability to obtain permits, we looked at the long-range
planning, and we looked at the operation and maintenance
accessibility, in all three cases.
COMMISSIONER HENNING: Is it imperative that we approve
this item today?
MR. GRAMATGES: It is very important that we keep the pace
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November 30, 2004
because we have a commitment to have this wellfield and the 12
MGD expansion that comes with it completed by the winter of 2006.
COMMISSIONER HENNING: Would the county manager
consider continuing this item until the next meeting so the board can
collect some more information before approving?
Commissioners, I just -- my gut feeling is, is we don't have a --
good information to make a decision today on this item.
CHAIRMAN FIALA: County Manager?
MR. MUDD: Ma'am, we can continue this item, but I will tell
you, this wellfield is important to Collier County, and having this
water plan online with 12 million gallons is important. And if we
can't come up with an arrangement for where the wellfield is going to
be, then we need to consider something more drastic like cutting golf
permits, because --
COMMISSIONER HENNING: Madam? Madam?
MR. MUDD: And I'm not trying to hype it, I'm just saying, we
need to provide you additional information. We will come forward
with that particular information that you need.
COMMISSIONER HENNING: I -- Madam Chair, I just have a
problem with providing a service to the people and it impacting the
people over {bugs and buns??} bugs and bugs, so --
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: I echo your feelings. I'm
concerned, because when we provide services, we're supposed to do it
with a minimum amount of impact on the residents. And I understand
about our concern over environmental impact, how deep is the
environmental impact? I'm having a hard time deciphering it from the
information that was supplied to us.
I, for one, would like to see it continued, and I'd like to see a
chart brought back to give a breakdown of the cost for each one of
them in a line manner going across, one, two, three, breaking it down,
what the impact is, what the cost is, because we're going to -- we're
Page 37
November 30,2004
going to make quite an impact on the established residents that already
live in an area, and a little bit more so than I feel comfortable with.
I am curious, how many people do we have signed up to speak on
this?
MS. FILSON: None.
COMMISSIONER HENNING: Make a motion to continue.
COMMISSIONER COLETTA: I make a motion for
continuance.
COMMISSIONER HENNING: Second it.
CHAIRMAN FIALA: Okay. I have a motion to continue by
Commissioner Coletta and a second by Commissioner Henning.
COMMISSIONER HALAS: I'd like to --
CHAIRMAN FIALA: Oh.
COMMISSIONER HALAS: If I could ask some questions.
CHAIRMAN FIALA: Commissioner Coletta isn't finished yet.
COMMISSIONER HALAS: Oh.
COMMISSIONER COLETTA: No. I -- just one simple note.
You know, before we vote on it, you're going to have to have the
people in the audience that signed up waive or be able to speak.
CHAIRMAN FIALA: Nobody's signed up to speak.
MS. FILSON: I have no speakers.
COMMISSIONER COLETTA: Oh, no speakers, okay.
CHAIRMAN FIALA: Okay. Commissioner Halas?
COMMISSIONER HALAS: Can you give me some information
on the short-term impact of the residents in this general area and then
give me a briefing, a quick briefing, on what the long-term impact
would be on the residents? And by long-term I'm talking about the
noise of the pumps and wells and stuff.
And are you taking into consideration landscaping needs along
with -- you're saying you're going to build a building that's going to
quiet the pump, so I guess I give you three questions here, if you can
answer each one of them.
Page 38
November 30, 2004
MR. MUDD: Commissioner, if I could -- when I was trying to
tell Commissioner Fiala, she was looking for a visual. There's a
wellfield that run down Goodlette- Frank Road, okay, provides 25
percent of the city's water, okay, and there's a wellfield that sits
underground, and the pumps that are aboveground against fence lines
and down the median of Goodlette-Frank Road.
And you can see those as you -- as you go down, but they're not
very visible, and it's because people have taken steps to camouflage
them, to landscape around them so that they blend in. So I want to
make sure that you get a halfway visual of what a wellfield looks like
so that you don't have this monster in your mind, because I don't
believe that's what it is at all.
And staff will come back with pictures on every one of where
these wellfields are and every one of the alternatives so that you can
see where they are and what they'll impact to give you a better visual
of what they are besides a bunch of dots on a line going down --
CHAIRMAN FIALA: I'd like to actually go out and listen to
them and know where there's a diesel one so I can see what that's like,
and also I'd like to -- I'd like to hear what it sounds like when they're
putting one in, you know, when they're drilling for it, okay?
MR. MUDD: Yes, ma'am.
CHAIRMAN FIALA: Just so I know what's going to happen
with the neighbors.
MR. MUDD: And just -- and just to -- when you say a diesel
one, that's a backup generator--
CHAIRMAN FIALA: Right.
MR. MUDD: -- in case there's a power outage.
CHAIRMAN FIALA: Right. And it goes on -- and they have to
test it once a week or something like that.
MR. MUDD: Yes, ma'am.
CHAIRMAN FIALA: Yes, I understand. But I want to know
what they're going to have to listen to.
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November 30, 2004
MR. MUDD: Yes, ma'am.
CHAIRMAN FIALA: Okay. Now we have a motion on the
floor and a second to continue.
COMMISSIONER HALAS: I didn't get all the answers to my
questions.
CHAIRMAN FIALA: Oh, I'm sorry.
MR. DeLONY : Well, for the record, Jim DeLony. Let me see if
I can start at the top here. A typical well site that we're speaking to is
40 by 50,40 feet by 50, in terms of the footprint aboveground.
It has a fence, it's required to meet all the land development code
requirements with regard to visibility, sighting, vegetation, all that.
We have to go through the full permitting process to Joe Schmitt's
shop to make sure we're compatible with the LDC as well as the
surrounds.
We then have a series of generator stations which are enclosed
and soundproof that are required to meet the requirements of our
sound ordinance with regard to the sound coming out of that site. And
we have to go through all that process on each one of these sites, each
individual postage stamp site, before I can get a permit from
community development to do the construction.
During the construction you can count on some activity
associated with the trucks and the towers and the -- that go into
digging these particular wells. These wells are shallow wells as
opposed to what maybe you have a visual of, Mr. Halas, up there in
your district when we put in the deep injection wells with a large
{} derrick.
These are shallow wells, fresh water wells associated with
exploiting that type of water, or relatively more shallower, let's put it
this way, because they could -- they may very well be Hawthorne
wells as well.
But again, it won't have that large derrick footprint and they
won't be there as long as we had those deep injection wells, if that's
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November 30, 2004
what -- your visual that you're concerned about.
Sir, I think I -- I think I answered all your questions. There was
one other one that I didn't? I'm sorry.
COMMISSIONER HALAS: The one I was interested in is the
after-effect of after you get the wells in and then the noise generated
by the electric pumps.
MR. DeLONY: We -- you know, this is part of the good
neighbor policy that we have within the entire utility, not just for well
sites, for operational plants or lift stations or whatever.
Maintenance activities in and around these wells are not
significant, like every day there's someone there, so there's no
footprint. The fact that this is in the FP&L corridor gives us great
insulation and isolation with regard to any surrounds in that area.
I'm looking at the visuals that were part of it, and right now, you
know, that is -- basically the majority of that is raw land that is
currently occupied.
Now, I understand your concerns of impact, and we will do
everything we can to answer your questions with regard to current and
future impact on any neighbors that we have for these proposed well
sites.
We did go through a very extensive process, as outlined by the
project manager, to come up with what we thought was the optimal
solution here in terms of what was the right routing for this particular
and most important proj ect, and so that is our recommendation, and
certainly at the direction of the board and the county manager, we can
come back -- we will come back in here with the information you've
requested.
COMMISSIONER HALAS: And then the last part of the
question was, what do you do as far as landscaping around that area?
MR. DeLONY: Yes, sir. Again, it has to meet all the
requirements of the land development code, which provides for full
screening. It's very extensive, and not necessarily expensive, but it is
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November 30, 2004
extensive with regard to ensuring we have the right plantings and they
meet those requirements.
I -- again, we have to go through the same process, a very
rigorous process, as you know, of anyone in Collier County who
intends to put construction in the ground in and around -- in the
county. We have no rules that are waived or exempted for public
utilities or these essential public services, or features. We go through
the same process and we go through the same vetting with regard to
meeting the expectations of minimization of impact as those LDC
requirements have been outlined before by this board.
COMMISSIONER HALAS: You've answered all my questions.
Thank you.
MR. DeLONY: Thank you, sir.
COMMISSIONER COLETTA: And Mr. DeLony--
MR. DeLONY: Yes, sir.
COMMISSIONER COLETTA: -- if I may. I don't think
anybody here's going to argue with the fact that we need to have
another source of water. We're just -- we're just --
MR. DeLONY: Right.
COMMISSIONER COLETTA: -- interested in the neighbors
that exists there now. We want to make sure that the comfort level
exists that -- let's go forward so we don't start to hear back from them
in another couple of years, you know, how could you have done this
without giving us due consideration for our own piece of mind.
Tell me this, tell me about the public meeting process that you
went through to arrive at this.
MR. DeLONY: Have any comment on that? At this stage of the
game, we didn't have a vetting of this particular piece with regard to
public meeting.
COMMISSIONER COLETTA: {SP} Ewe, boy. I tell you, that
gives me very serious concern. I wondered why we didn't have any
speakers signed up.
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November 30, 2004
MR. DeLONY: Yes, sir. There's no requirement under our
process to do that. We have had none that I know of.
COMMISSIONER COLETTA: Is there somehow we could
build this in for a public meeting, even if we got them to sponsor it,
over at the -- what is it -- Forest Glens (sic), if I arranged for them to
come for --
MR. DeLONY : Yes, sir. We could do anything at all. I just to
support --
COMMISSIONER COLETTA: I'd feel--
MR. DeLONY: -- the understanding.
COMMISSIONER COLETTA: -- a lot more comfortable if the
residents were truly aware of what's taking place. It's probably nothing
that's going to be of tremendous impact. But the fact that it's all taking
place outside of their site gives me very big concern. I expected to see
quite a few people here on this issue today, and I expected to see a
number of them signed up to speak one way or the other.
MS. MOTT: For the record, Toni Mott, Real Estate Services.
We have contacted all the property owners involved in the project.
We had an initial letter that went out that explained to them what the
process was, what their rights were. The next item that we have to do
once the resolution is approved, there is a mandatory offer.
Independent appraisals are done that take in consideration any effect
on the reminder of the property. So everyone in the scope of the
project has been notified initially.
COMMISSIONER COLETTA: When you say in the scope of
the proj ect, are you talking about the immediate property owners that
are right next to it or the ones that would be maybe removed one
down? What kind of notices were sent out?
MS. MOTT: The properties that were -- are affected by the
project themselves with either a pipeline easement, an access
easement, transmission main easement. The surrounding properties
that are not within the scope of the project, the alignment of the
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November 30, 2004
project, no, they have not been contacted.
COMMISSIONER COLETTA: Okay. But the noise from like
diesel generators and everything, could probably carry for 100 feet or
so, maybe a couple hundred feet?
MS. MOTT: I'm not sure about that. The board has approved
the gift and purchase resolution for this project previously which
outlined the scope of the proj ect and the parameters --
COMMISSIONER COLETTA: I'd be -- I'd feel a lot more
comfortable if we could have a community meeting just to let them
know what's taking place. We may hold that meeting and find out we
have like two or three people show up or maybe zero, or it might be a
full room.
It's just a matter of letting the public be aware of what we're
planning, and then we have to make a hard decision, which one of the
routes better of the three that we have to go with, you know.
Are we going to spend a little more money to move it further
out? Are we going to deal with the environmental issues? What's the
time line that we're looking at that we have to have it online?
I don't -- I don't think that it would be off for us to continue this,
and maybe in the meantime we can arrange for you to make a
presentation in one of the meetings that are going to take place there in
Forest Glen.
MR. DeLONY: Yes, sir.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Just a simple request. I'd like a
site visit of the route, alternative A.
MR. DeLONY: Yes, sir.
COMMISSIONER HENNING: With that, I'll call a motion.
CHAIRMAN FIALA: I'd like to say also, could I -- could you
give me some kind of little directions to see where I could--
MR. DeLONY: Yes, ma'am.
CHAIRMAN FIALA: -- see one operating and I could see one
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November 30, 2004
being dug?
MR. DeLONY: Yes, ma'am.
CHAIRMAN FIALA: Okay, fine.
MR. DeLONY: We're out digging a couple as we speak.
CHAIRMAN FIALA: Okay. Thank you.
MR. DeLONY: Yes, ma'am.
CHAIRMAN FIALA: Then calling for the question.
All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good.
MR. MUDD: Madam Chair, before we move to the next item, I
need a little clarification, okay, because I've got several things that
you want Mr. DeLony to do, I believe.
The motion was to continue to the next meeting. I don't believe
that Mr. DeLony can get all that PR work done before the next
meeting and still come back to the board with that process.
COMMISSIONER COLETTA: If I may suggest, Mr. Mudd,
you're right. If we go through the formal notification that takes place
and meeting notification, it's going to be very clumbersome (sic). I
plan to go right to Forest Glens (sic) themselves and have them invite
staff to attend, and we'll approach it from the back door rather than
coming through the long process that we go through for notification
and advertising and all that.
MR. MUDD: Well, Commissioner, I'd--
COMMISSIONER COLETTA: Would that help?
MR. MUDD: It would be different if we were just talking about
alignment A or the one that's on your monitor right now, or on the
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November 30, 2004
screen or on the TV station right now, but you're basically talking
about all three, okay, and I believe that's going -- it's got a different
alignment, and different people are affected, so I believe we're in a --
CHAIRMAN FIALA: Sounds like --
MR. MUDD: I think we're in a little bit different mode than just
going to Forest Glen. If you're just talking about this alignment --
COMMISSIONER COLETTA: You're correct, Mr. Mudd, yes. I
understand what you're saying.
MR. MUDD: So, Commissioners, I would like you to consider
us coming forward with this in the first meeting in January.
COMMISSIONER HENNING: What's that do to the project?
MR. DeLONY : Well, we'll have to just accommodate within
schedule. The criticality is, is that from the standpoint of any real
estate action, whether it's condemnation or fee purchase, there's
always a mandatory period of time that you, you know, statutorily
have to get around, can't get around.
So that -- we're kind of locked into our schedule. But we'll just
have to accommodate the board's wishes. I fully understand the
process in which you want to go through to do this, and we'll just have
to see if we can't accommodate that. And if I can't, I'll be back here
with a request to the county manager, through the county manager to
you, to consider this earlier than what -- than the meeting that has
been proposed. But we will look carefully at our plans and see if we
can't accommodate this.
To be frank with you, I think that I've got -- Mr. Mudd, if I
might, I've got a direction of continuance, to hold a meeting -- you
folks -- you, sir, said the Forest Glen folks was your target.
COMMISSIONER COLETTA: Well, I think--
MR. DeLONY: We will make some -- we will--
COMMISSIONER COLETTA: -- you're going to have to
broaden it.
MR. DeLONY: We will work with you on that meeting, sir, and
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November 30, 2004
anyone else that maybe Mr. Henning has as well.
CHAIRMAN FIALA: I'd like to take the same tour as
Commissioner Henning.
MR. DeLONY : Yes, ma'am, I saw -- I have that next as -- that
each of the Commissioners Fiala, Henning, and Coletta have asked to
do a site tour of not only the route, but to look at existing facilities and
the constructing of facilities to get a better appreciation of what it is
that we're doing in these well site development projects.
CHAIRMAN FIALA: As well as the route. We want to see
what the --
MR. DeLONY: Yes, ma'am.
CHAIRMAN FIALA: Okay.
MR. DeLONY: Yes, ma'am. And then finally, you know, I
think you had some questions, Mr. Henning, about full evaluation of
the three routes, and there's background information that you wanted
additional associated with routes two and three. And I believe we can
accommodate that over the next couple weeks, and I certainly will try.
And if I can't accommodate that, I'll certainly communicate through
the county manager to you where we stand with regard with our
project schedule.
COMMISSIONER COLETTA: I have no problem with a special
meeting if you need to do so.
MR. DeLONY: Yes, sir.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Will you able to give us some type
of analysis on the impact of each of the three routes?
MR. DeLONY: The technical report backup information that
was referenced does a very -- in my view, a very thorough job at
looking at criteria, the criteria that Philip read through his presentation
to you today, and then weighing those impacts, essentially, on a
one-to- four scale. We can look at that in more detail. We'll go
through that with you, but I believe that that technical report's got
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November 30, 2004
some very strong analysis of those sites and those impacts.
COMMISSIONER HALAS: Maybe the best thing would be just
to have a little quick chart showing item number one, item number
two, and item number three so it's --
CHAIRMAN FIALA: Yeah. It's in his --
MR. DeLONY: Yeah. I -- again, I think it's in that report, sir.
But we'll certainly highlight that to you, sir.
CHAIRMAN FIALA: Okay.
MR. MUDD: So Commissioners, we'll continue to the 11th of
January, unless Mr. DeLony comes up sometime on my -- on my
channel and basically says we need to have some kind of a meeting
sooner. And I believe we have an AUIR presentation workshop that,
if we have to, we can go to that.
CHAIRMAN FIALA: Okay. We need to vote on this yet? Or
did we vote on it already?
MR. DeLONY: I think we did, ma'am.
CHAIRMAN FIALA: Did we?
MR. DeLONY: I think you already told me to continue it, yes,
ma'am.
CHAIRMAN FIALA: Okay.
MR. DeLONY: Thank you very much this morning.
CHAIRMAN FIALA: So much discussion, I've already
forgotten. Thank you very much. Moving on then to item lOB.
Item #10B
RESOLUTION 2004-369: A RESOLUTION AUTHORIZING
CONDEMNATION OF FEE SIMPLE INTERESTS FOR THE
PROPOSED RIGHT-OF-WAY AND/OR STORMWATER
RETENTION AND TREATMENT POND SITES, AS WELL AS
PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY,
DRAINAGE AND UTILITY EASEMENTS, TEMPORARY
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November 30, 2004
CONSTRUCTION EASEMENTS AND TEMPORARY
DRIVEWAY RESTORATION EASEMENTS, WHICH WILL BE
REQUIRED FOR THE CONSTRUCTION OF ROADWAY,
DRAINAGE AND UTILITY IMPROVEMENTS TO SANTA
BARBARA BOULEVARD FROM DAVIS BOULEVARD TO
MR. MUDD: And that is a recommendation to adopt a
resolution authorizing condemnation of fee simple interest for the
proposed right-of-way and/or stormwater retention and treatment pond
sites, as well as perpetual, non-exclusive road right-of-way, drainage,
and utility easements, temporary construction easements, and
temporary driveway restoration easements, which will be required for
the construction of roadway, drainage, and utility improvements to
Santa Barbara Boulevard from Davis Boulevard to Pine Ridge Road.
Project number 62081. Estimated fiscal impact, $14,180,000,
and --
COMMISSIONER HENNING: Motion to approve.
MR. MUDD: And Kevin Hendricks will present.
MR. HENDRICKS: Oh, no. We can't go that quickly, I'm sorry.
Madam Chairman, Commissioners, for the record, Kevin
Hendricks with your transportation division. I'm here to present item
lOB, the recommendation to authorize condemnation to acquire the
right-of-way to expand Santa Barbara Boulevard from Davis
Boulevard to --
CHAIRMAN FIALA: I already have a motion to approve, by
the way.
MR. HENDRICKS: We can't go quite that quickly.
CHAIRMAN FIALA: Oh, I see.
MR. HENDRICKS: I think it's clear that the record of these
proceedings will indicate that you have given due consideration -- if
the record from the last item's an indication -- that you've given due
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November 30, 2004
consideration to the alternatives analysis memo that was -- that was
included with the executive summary, along with the information in
the executive summary, and the fact that we've been at this since
before 1992, having held our first public meeting in June of 1992, and
subsequent public meetings and numerous meetings with yourselves
and with other residents and affected constituents.
And the board authorized the acquisition of right-of-way and
pond sites required for this project back in -- October 22nd of 2002.
And so I think that your affirmative vote to approve staffs
recommendation today to authorize condemnation to acquire all of the
right-of-way required to expand Santa Barbara Boulevard would be an
acknowledgement that you have, in fact, reviewed all the alternatives
impacts, the environmental impact, the public health safety, and
welfare issues, alternative alignments, transportation planning,
long-range planning, and so I would ask that you now make your
motion.
COMMISSIONER HENNING: Just one question. The -- just
for -- a question for Mr. Feder.
The action that we're about to approve, do you believe that it is
an appropriate action for the long-range plan for the residents of
Collier County?
MR. FEDER: For the record, Norman Feder, transportation
administrator.
Commissioner, as you know, there's been quite a bit of
discussion, as Kevin has gone through, on this project. We've worked
with the board, worked with the community. And in this case, we are
restricting and actually putting in the status of policy constrained the
section north of Golden Gate.
Weare reconstructing the section from Golden Gate up to Green,
four lanes on basically a six-lane right-of-way. We are not addressing
any expansion from Green up to Pine Ridge, only at the intersection.
Our feeling was there was a demand for six lanes, but there was a
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November 30, 2004
lot of concern from the community that we not go six -laning and that
we stay at four-laning, and that was a prior decision and direction
from this board.
So in answer to your question, we are following the board
direction, and that's what you have before you in the condemnation
resolution.
CHAIRMAN FIALA: In your opinion, is this the right action --
as a professional you think this is the right action the board should
take?
MR. FEDER: I think with the opening of Livingston Road, we
have had some relief on Logan in sections. The most critical section
of this corridor is south of Golden Gate, especially with the new
interchange at Golden Gate being developed.
Do I believe that it would have been advisable for us to have
gone to six lanes? That was my initial recommendation to this board
so obviously my answer is yes, but I also recognize that we balance
that with a lot of other issues as we try to proceed on transportation.
And I believe this has been fairly well vetted. And, in fact, what we're
bringing to you is the results of that thorough discussion.
COMMISSIONER HENNING: With that, I'll make a motion to
approve.
COMMISSIONER HALAS: I'll second.
CHAIRMAN FIALA: I have a motion to approve by
Commissioner Henning, second by Commissioner Halas.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
Page 51
November 30, 2004
(No response.)
MR. MUDD: Commissioner, that --
CHAIRMAN FIALA: Let's -- before this next item, would you
take a -- we can take a break. Her fingers look like they're getting
very tired. Thank you.
We'll take a lO-minute break. Thank you.
(A recess was taken.)
CHAIRMAN FIALA: Please take your seats.
MR. MUDD: Madam Chair, you have a hot mike.
Item #lOC
INTERIM PROGRESS REPORT ABOUT THE COUNTY'S
NEGOTIATIONS WITH WASTE MANAGEMENT INC. OF
FLORIDA AND IMMOKALEE DISPOSAL COMPANY FOR
SOLID WASTE COLLECTION SERVICES - APPROVED
STAFF'S RECOMMENDATION WITH STIPULATION (OPTION
TO CHANGE IMMOKALEE OVER TO OPTION B IN THE
EllIURF,)
CHAIRMAN FIALA: Thank you very much. And we move on
now to item 10C.
MR. MUDD: lOC, which is an interim progress report about the
county negotiations with Waste Management, Inc., of Florida, and the
Immokalee Disposal Company for solid waste collection services, and
Mr. John Yonkowsky will present.
MR. YONKOWSKY: Good morning, Commissioners. George
Yilmaz is going to take the first slide for us.
MR. YILMAZ: Thank you, John. For the record, George
Yilmaz, Collier County solid waste management director.
Commissioners, today we will be addressing the solid waste
collections contract negotiations, first interim progress report, in light
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November 30, 2004
of the integrated solid waste management strategy that has set the
motion for more than four years for our solid waste plan.
Commissioners, you have seen the integrated solid waste
management strategy chart before, and the highlighted long-range
action item is today's subject agenda item. This chart shows you
today's agenda and how it fits in, into the big picture in terms of our
long-term/short-term strategies.
Our recommendations are consistent with the improving our
residential recycling by doubling recycling capacity, as you can see
from those two containers by just visual affect of those two sizes, and
preserving landfill space for our future, and, more importantly, growth
management requirements and compliance with our AUIR reporting
that will be coming back to you shortly.
Now, John Yonkowsky, our utility billing customer service
director, will continue with our interim progress report presentation.
John?
MR. YONKOWSKY: Good morning, Commissioners. For the
record, my name is John Yonkowsky, I'm your utility billing and
customer service director.
The agenda item, 10C, has a chronological listing of the work
that we've done up until the presentation to you on June 8th in which
you directed us to negotiate contracts with the two current service
providers. This progress report details our work since that time.
Because we have a lot of information to give to you, we would
like to give you the bottom line up front, which is our
recommendations. And our recommendations for this is going to be to
select option B with an eight-year term for District 1.
Our recommendations are to select option B with an eight-year
term for District 1 and to select option A with an eight-year term for
District 2, and to require waste management, under option B in
District 1, to provide the recycling carts and to tell us to continue
providing the recycling bins to Immokalee Disposal, to direct us to
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November 30, 2004
continue our efforts to obtain better prices as we go down the
negotiation path, and direct staff to prepare a contract to bring it back
to you at the first meeting in February.
The agenda for today, you've already seen the integrated solid
waste management plan which you approved sometime ago. We
wanted to talk to you briefly about the enduring guiding principles that
you approved on June 8th, to give you some background information,
and to tell you about some of the managed -- solid waste management
trends that we've built into this new proposed contract, and then
discuss briefly with you some of the key negotiation issues, and we
want to give you an overview of the contract and then an overview of
the options and the pricing of fiscal impact, and then come back with a
project time line and repeat our recommendations to you.
The enduring guiding principles, which you endorsed on June
8th, the asset preservation of the Naples Landfill and basically what
we -- the major guiding principle is to preserve that landfill space, to
maintain or increase the level of customer service, and to be very
strongly aware of environmental protection issues, and most of all, to
give you the best value of service approach in the contract.
The background information. The county really considered, the
negotiation team, considered in its approach the options relative to
negotiating versus actual procuring, and we kept in mind during the
entire process the fact that the board reserves and maintains the right
to go after competitive bidding at any time.
The second one is that you'd given us a direction to maintain a
high level of solid waste service relative to its cost and to take
advantage of recycling opportunities because of the single stream
recycling project that you had seen a few months before.
The option's to implement an enterprise-based solution, and we
have involved enterprise-based solution in the entire process. Limited
air space capacity of the Naples Landfill is an integral part. And as
you see as we go along, that the -- we will tell you some net present
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November 30, 2004
value figures that identify some of the potential or possible changes in
recycling.
Growing population. The estimate for next year is going to be
97,000 people that are residents that are on the role, and that's -- that
does not include the entire base, but it includes 97,000 people that will
pay for their solid waste services as an assessment on the role, and
then the ability to meet the future of the solid waste management
needs.
The management trends -- and I'll be real brief on these. But we
did include national and regional solid waste management trends, and
the automated collection vehicles is an item that you've already been
aware of with the collection of the large 96-, 64-, 34-gallon containers
for solid waste. That process is continuing throughout the country.
The collection route optimization is another thing, and this
proposed contract gives us some more -- more probability of being
able to get in and make some modifications to the routes.
The composting -- composting. We talked about that with a
couple of the commissioners in our discussions with them. The
enhanced curbside recycling and drop-off centers, electronics
recycling. We want to make that a portion of the contract, stronger
portion of it, and household hazardous waste. As you know -- that
there's a couple of household hazardous waste items this weekend.
The key negotiation issues. The level of service -- we were
directed by to you maintain the level of service. And then the annual
escalation was something that came about in following some of the
other trends. And up until now, or the current contract, allows the
price to increase every year based on the CPI, 100 percent of the CPI.
We're looking at getting 70 percent of the CPI or preserving -- saving
some current dollars.
Contractual improvements. There are several areas of
contractual improvements that are important to us and important to
you. The first one is the performance standards. It's important
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November 30, 2004
because we've got more comprehensive and more detailed standards
that are in the proposed contract.
Complaint resolution. A major issue, as it identifies in the
executive summary, changing customer service from the service
provides to your county staff. And in doing that, you hold your county
staff and the citizens directly accountable and responsible for
customer service.
Record keeping and reporting the current contract has minimal
record keeping and reporting requirements. What we're looking at is
to end up with some stronger, much stronger record keeping and
reporting.
A contract enforcement. That is much stronger. We're looking at
being able to assess and collect for more items and on a broader base,
liquidating assessments.
Education program continues.
Insurance protection for the county. The proposal is to go from
five million to a $10 million insurance requirement.
Termination of service and the dispute resolution, which we have
not very -- not much at all in the current contract, but we're proposing
a dispute resolution that would require going through mediation first.
And then the terms. We evaluated the terms based on five years,
seven years, and eight years. Eight years provides the best value to
the county, and that's why our recommendation is for eight years.
Under the collections contracts, the overview, your direction was
to negotiate with the existing vendors, bring back same price, same
level of service, and explore some of the options. The deliverables
that we're delivering to you today, we have deliverables at a slightly
lower price for the same level of service starting on 10/1, a year before
your current contract expires, a better contract, enhanced
accountability and control, and no adverse economic impact. So that's
a deliverable that's there for you in both residential and commercial.
Under option A, it is very comparable. It's actually the existing
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November 30,2004
level of service. You get the garbage collection two times a week,
unlimited garbage, your recycling collection one time a week with an
I8-gallon bin. That's the small one there. And the only thing that it
spells out more clearly is the electronics collection one time a week,
the tires collection, the number of tires that can be collected, and
battery collection, the number of batteries that can be collected.
Under option A, the overview. We're continuing the existing
level of service at a slightly lower price, can be implemented a year
earlier, and the 70 percent of the annual CPI and the accountability
and controls; however, option A does not encourage or promote
increased recycling, which is one of the items that we -- we, staff and
the commissioners from past discussions, strongly encourage the
increased recycling.
Option A does not do that. It does not support extending the life
of the landfill, which is a very key element in our negotiations, in the
way that we looked at the negotiations.
Under the pricing for option A, you can see that the top part is
the current scenarios. It tells you what the prices are, current, and
what they would be using the same CPI increase next year as we had
this year. And then option A shows you what the proposals were for
2006, and then down below it you can see the difference in the price.
So as we said a little bit earlier, option A will give you a slightly
reduced price for the same level of service, which it is -- and it starts a
year earlier.
Now, if we can go on to option B, it's comparable to the current
level of service. So we have followed your direction and maintained
that level of service with one exception. We've got recycling
collection once a week in a 64-gallon cart, and you can see the roll-out
cart there has several advantages. It encourages people to recycle
because the -- they can put more items in there, it doesn't overflow the
bin, they can roll it out to the curbside. It will reduce the -- some of
the smell in the summertime with the lid on it. That's the only major
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difference between option A and option B.
Under option B on the overview, the same criteria is available.
We implement a year earlier, we get enhanced accountability, 70
percent of the annual CPI, but it also provides as an opportunity to
extend the life of the landfill through increased recycling. That's a
major benefit.
And just using recycling carts, and if recycling increases -- now,
this is an assumption, but it's an assumption that we can work on
through education and information and outreach. But if we can
increase recycling from 26 percent to 32 percent, the net present value
of that landfill airspace is $8.2 million. That's a net present value.
And if we can increase from 26 to 39 percent, the net present
value 16.6 million. And this is based on the -- from that very limited
pilot program that we did in Commissioner Halas' district, we thought
that was representative of the -- of all of District 1. And the reaction
indicated to us that -- we used this criteria then to come up with the
net present value, and that will extend the life of the landfill a year,
and that's the net present value of it. That's conditioned on whether or
not people will recycle and whether we're able to provide the outreach
to get them to recycle.
The pricing for option B. Same scenario. Under the current
scenario at top is the same prices that you saw in the previous few
slides. Option B shows you the different. This is just collection. This
does not include -- it is not the -- indicative annual assessment because
the annual assessment would be $20 different in the District 2.
On the fiscal impact, District 1, option B, you've got an increase
in the collection cost compared to the current contract. The -- and this
is with option B, increased cost could be partially offset by lower
disposal cost with the residents increase recycling.
And there's three elements in annual assessment. One is the
collection cost and one is the disposal cost and the cost of
administering the program.
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If the recycling increases, then the disposal cost will go down the
following year. And under District 2, option A, you've got a decrease
in the collection cost compared to the current contract, if the board
directs us to go with option A.
And we've got an opportunity to increase recycling out there
because the recycling bins from District 1 will be offered to and
extended to the residents in District 2, so they will have an opportunity
to increase recycling.
On a countywide basis, the fiscal impact is that the -- through
recycling or enhanced expanded recycling, we can extend the life of
the landfill, which represents a significant future cost savings to the
citizens of this county.
To the project timeline. Today is the one that's underlined.
We're recommending to you, based on your decisions today, that we
come back to you on February 8th with the final contracts and then
implementation early on October 1, 2005.
Recommendations again. Select option B with an eight-year
term for District 1, select option A with an eight-year term for District
2, require waste management to provide the recycling carts under
option B, continue -- direct staff to continue to provide the recycling
bins to Immokalee Disposal.
Under option A, authorize the staff to complete the negotiations
with waste management and Immokalee Disposal based on items one
through four above, direct and -- staff to continue its efforts to obtain
better pricings. And finally, direct staff to come back to you in the
first meeting in February.
CHAIRMAN FIALA: Good. We have some commissioners on
board to ask some questions. Ready for that?
MR. YONKOWSKY: Yes, ma'am.
CHAIRMAN FIALA: All right, fine.
And do we have any speakers?
MS. FILSON: One.
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CHAIRMAN FIALA: We have one speaker.
Commissioner Henning?
COMMISSIONER HENNING: Mr. -- or John, you've done an
excellent job. I like the option B. The only thing I don't like about
option B, it doesn't put District 2 in the same level as District 1 as far
as recycling, and I hope the board gives directions to change that. I
think that we all need to partnership in recycling and reducing the
landfill space.
My next question -- and I'm very concerned about this. On
January 8th, I had to take a flight up north to somebody that, thank
God, didn't expire and is with us today.
The matrix that was provided to the board individually -- and I
don't know if collectively -- on the comparable of how we compare
with other counties, I don't believe that showed the commercial
element of that, or if it did, it escapes me.
MR. YONKOWSKY: No, sir. I'll take your second question
first.
COMMISSIONER HENNING: Yes, please.
MR. YONKOWSKY: It did not take the commercial. It was not
portrayed on there, the commercial elements or commercial prices
weren't. We did consider commercial and residential both.
F or the commercial we've got the -- actually the same costs
continued for commercial. There was no -- there's no escalation in
commercial, and there is a long-term impact on the commercial, that
the 70 percent of the CPI will apply to the commercial as well as the
residential, so there is some impact on the long -- on the long-term,
and the current term we continue to current cost.
The other impact with the commercial is that, with the
non-residential recycling ordinance that the board passed, the -- there
is a very strong option for the people that have commercial service,
and that is both multi-family and businesses, to strongly consider
increased recycling, and that will tend to lower their cost for their
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collection if they consider the recycling side, if they take advantage of
the recycling options.
COMMISSIONER HENNING: And I'm glad you pointed out
that the commercial pick-up is not commercial in total. It includes a
lot of -- a lot of the residents here in Collier County.
The concern that I have -- and I know that you didn't deal on the
original contract for waste management to be the mandatory hauler
that we have -- that the commercial is subsidizing the residential,
because we don't have that comparable how we compare with other
counties on that. And I just -- I guess my concern, it's trash welfare
for the commercial people to subsidize the residential.
MR. YONKOWSKY: And Commissioner Henning, we have
Attorney David Dee, who worked with us on this, is here, and he has a
very broad range of experience in other counties in the State of
Florida, in other cities, that does just exactly what you're talking
about, and I'd like to have him address that answer for you.
COMMISSIONER HENNING: All right.
MR. DEE: Commissioner, I'm David Dee, as you heard. I'm with
the Landers and Parsons law firm in Tallahassee. I've worked around
the state in the last 25 years everywhere from Key West to
{SP} Escambia County, pretty much everywhere in between on solid
waste issues.
You raise excellent points. With regard to the commercial
customers, we've tried to benefit them just as we've tried to benefit the
residential customers. In both instances, the instructions we received
from the board were to provide the same level of service at the same
pnce.
We've done that with regard to the residential customers. We've
actually enjoyed a reduction in prices for both districts, so we're very
happy about that aspect of it.
On the commercial side, the prices stay the same; however, we
have taken steps to curb price increases in the future. Under the
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current contract, the prices can increase each year in step with the
consumer price index, in step with inflation. Those increases are
unlimited.
Under the proposed contract that we've prepared, those increases
would be restricted to 70 percent of the CPI in the future, rather than
100 percent, and they would have a maximum or a cap of five percent
per year. As I say, currently that's unlimited.
In addition, as you order heard, the proposed contracts have
additional benefits both for residential and commercial customers in
terms of strict and comprehensive performance standards, in terms of
better ability by the county to enforce the contracts, and have better
insurance and better accountability all the way around. So we have
tried our best to enhance both the commercial side and the residential
side.
Now, you are correct that when you have a situation like we have
here in this county where both the residential and the commercial are
being handled together, it is common in the industry to have the
commercial side subsidize the residential to some extent.
What that means in this case is, if we put pressure on the
commercial prices, then the residential prices will go up. In this
instance, the pricing that was proposed came from the vendors. We
put pressure on them to reduce the prices as best they could. But
ultimately on the commercial side, we did maintain a stable price and
controls over price increases in the future.
COMMISSIONER HENNING: And I recognize the good word.
And again, I wasn't here when the discussion, on giving direction on
December 8th, and I don't feel comfortable approving something until
we -- that I know that -- how we compare with other communities.
And, you know, it -- again, I just think we're putting the burden to the
-- I'm assuming that we're putting the burden on the commercial.
You know, the matrix that we were shown, it showed residential
comparable. But that -- that's probably offset by the commercial side
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of it. That's all.
MR. DEE: Yes, sir.
COMMISSIONER HENNING: And I guess I'm not going to get
that answer today, how we compare with other communities as far as
commercial.
MR. YONKOWSKY: Commissioner Henning, one of the points
that you brought up -- and I probably need to explain a little bit. On
the commercial, when we say commercial, that includes both
businesses and multifamily, as we talked about.
COMMISSIONER HENNING: Right.
MR. YONKOWSKY: And one of the issues about multifamily
is that in a lot of the multifamily structures, part of the people are here
all year long and part of the people are here only a short period of
time.
We deliberately structured the process years ago so that those
people that live in multifamily structures -- because we classified them
as commercial -- so that they can change the level of frequency and
the level of their service and save money.
For example, one building may have 20 units in and it's half full
half of the year, so they can actually -- with the structure that we have,
they can reduce the frequency. They can go from a four-cubic-yard
container to a two-cubic-yard container and only have it picked up
once a week.
And then when the season comes on, they can go back to the
four-cubic-yard container and have it picked up twice a week. That
gives them, as well as the businesses, the opportunity to really control
the level of service that they have.
And I understand what you're saying, the -- but our issue at the
time, years ago when we first started in this process, was to see how
we could help the residential, multifamily, and the commercial
businesses by giving them that flexibility, otherwise, all of those
multifamily units could possibly be in or part of the billing on the tax
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November 30,2004
roll.
And the -- that's the difference there, but the rates are fairly
similar. For example, a business that has one roll-out cart, the 94 -- or
96-gallon container, a business can go down to that. They can change
from a dumpster to a 96-gallon container. They start recycling more.
They can actually go down.
That 96-gallon container is -- what's the monthly? It equals what
a single-family residential unit pays for an entire -- for the assessment
for the entire year. So businesses have the opportunity, as I said
earlier, to really get serious about recycling and be -- control their own
destiny in reducing the rates.
CHAIRMAN FIALA: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yes. That's one of the things that I
liked about the whole process. Number one was that it gives the
ability of the commercial to get involved in recycling and cut down
the cost that was -- what it's going to cost them.
The other thing that I'd like to bring up is in regards to
complaints with waste management. Since I've been a commissioner,
the complaints in my district have fallen drastically, other than the
fact, when you brought out recycling containers and started to take
them away from the people, that's when the complaint level went up.
People were -- I was amazed at how people got attached to that in
such a short period of time when you brought this out, and, of course,
they were very upset when you picked them up.
But the end result was, if I remember correctly, when you
showed me the metrics of what the rate of recycling was, I believe it
went up around 43 to 44 percent recycling, and that alone tells me that
the educational process is going to be something that's not going to
take long to get people involved in this whole process.
And I think the end result is that with this new recycling idea and
concept, that the added cost per year is minimal. I was quite
surprised. I think it was someplace around $10 a year.
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November 30, 2004
I did do some research up in Sarasota, and I talked to a
commissioner up there. Her name was Nora Patterson, and talked
with her in regards to some of the problems that they ran into when
they were almost to the point of getting the contract negotiated with
waste management, and then, of course, they decided to go another
direction.
The end result was it was cost them a heck of a lot of money, it
cost them a lot of aggravation, and they ended up with waste
management, but they sure didn't get the cost that was originally given
to them by that -- the waste management up there.
So when I looked at all the -- and did the research, talking to
other counties, I think what Commissioner Henning is concerned
about is how we fit in with the rest of the counties. And this Nora
Patterson, when I talked with her and told her what the projected
contract looked like, she said, you guys have got a win-win situation.
And then as I looked at the data that I asked for from our staff, I
was very much impressed where we stood in the -- in the realm of
things. I think we probably have the lowest cost that almost any
county experiences here in Florida as far as waste management goes,
or waste -- of our garbage.
So overall, I think that when I look at everything and I look at the
extension of the landfill life year, life cycle, that I think it's a win-win
situation not only for the people here in Collier County but also for us
who have to administer how we're going to handle the recyclables and
the landfill itself.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: If I may, Madam Chair, could I
follow the speaker, the one speaker we have?
CHAIRMAN FIALA: Okay, certainly. We'll call the speaker
now.
MS. FILSON: Bob Krasowski.
MR. KRASOWSKI: Good morning, Commissioners and
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November 30, 2004
listeners. My name is Bob Krasowski. I'm here as spokesman for the
Zero Waste Collier County Group, Collier County's premier recycling
organization.
Myself and my friends that are part of our effort to understand
this component of the Collier County government operations have
been interested in following this issue since the early '80s, and most
recently in the year 2000, when the then-elected new board picked up
a new effort to identify solutions to waste management problems.
I've reviewed the material that was available in the packet and
have a few comments here I'd like to make. First off, once again, we're
so much concerned that this whole process of evaluation and study
and the negotiation is being done by the same small closed group of
local government officials and business interests, and we would
initially recommend that an outside interest, a professional -- a solid
waste analysis company be hired to review this and come to you with
some innovative ideas.
In particular I notice -- and this you kind of discarded the last
time you spoke on the issue, when you gave direction to the staff. But
there was no consideration for ideas the like of providing a rate, a
reduced rate for people that only purchase a 64-gallon garbage can.
And see, what we have now, everybody would get the 96-gallon
garbage can and pay the same rate.
This is kind of a tax on the seniors in our community who
generate a lot less garbage. It puts the burden of the -- when you
collect garbage -- as much garbage as people can generate from
anyone, it allows for people to operate home businesses, and there's
one on my street. The people have a cleaning business. They operate
out of their home. They bring garbage home, and they have large
amounts of garbage and they don't pay more.
Now, I understand we don't want to squeeze people to the point
where they start throwing stuff in the lots. That was one of the main
ideas of unifying collection throughout the county when we first did
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that. But certainly an accommodation should be made for people who
are on fixed incomes who generate very little waste so that they could
pay less and get on a program where they don't do this.
I like what I see in option B. I think also as well that we should
be going out to competitive bid. The clock is running out. You
directed your staff to negotiate with waste management and
Immokalee Disposal. But if we were to bring in the opportunity for
other companies to suggest at what rate or what ideas they might have,
we could benefit from that as we usually do on projects.
Apparently there's not an interest with you or the staff to have
ideas come in from the outside. It might rock the boat and maybe
cause more complexities. But certainly competitive -- we still call for
competitive bidding.
And however that is best identified -- maybe it's a competitive
RFP that I'm suggesting not a bid, because if a bid locks you into the
lowest price, it might not be the way we want to go. But if you put
out a competitive RFP where different people can respond, then you're
not locked into it. And the first sentence of the RFP can explain that
the county can remove itself at any point in time. We've done this
many times before.
I saw in the documentation provided that if you go with option B,
which is the same if you use it in District 1 and 2. What they're
suggesting here is you go option B in District 1, that's the coastal zone,
and do option A, Commissioner Henning, in the Immokalee district.
But you were saying how you liked uniform recycling throughout
the county. We agree with that. We support that. And -- but if you
go with option B, this negotiated contract identifies a 10 to $12
increase because of the recycling, and I really challenge.
And I'd like to see the detailed analysis that indicates that that's
the case and to flush out the debate on whether that's a justifiable cost
or not. We need to hear from other service providers on recycling to
see what they could provide that service for.
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And as time is running out -- I think the contract with waste
management ends in June or September of2006. We should start
taking action on that now opening up the discussion, bringing in these
independent analyses and the competitive RFP process now so we
have time at the end of the game to see what changes as different
people {} jockey for position.
I'd like a second or two more, if I may.
I don't think we should be intimidated by the situation as Sarasota
was, as I understand, and the legal challenges and threats that were
made against them when they didn't just go along with the big power
player, and most businesses pay for their waste.
I'll make a point in support of what Mr. Halas was a saying and
how enthusiastic and encouraged he was when he saw the test run you
did on recycling up in the northern part of the county, that the Zero
Waste Group analyzed the school system's waste handling processes,
and we identified how they could, by replacing dumpsters that collect
chipped up trays from the lunch trays with garbage cans and having a
janitor's service, that they could save $10,000 a month.
Now, the school system is the biggest provider of garbage to our
landfill, or one of them certainly, but I think the largest one. We also
showed that in -- by bringing in recycling containers that they could
reduce their volume of waste going to the landfill by 20 percent. The
school system's very slow. I guess it's kind of like government in
general. It's a big ship and it takes a couple -- time adjusting it but --
CHAIRMAN FIALA: Bob?
MR. KRASOWSKI: -- they're starting to move. Okay.
CHAIRMAN FIALA: We have to --
MR. KRASOWSKI: Well, thanks for the time.
CHAIRMAN FIALA: I think it's a good idea to address the
schools, by the way, and maybe we can talk about that.
But thank you very much.
MR. KRASOWSKI: Yeah. I have other things to say about that,
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November 30, 2004
but this is the largest contract I think the county lets out, and I think
there's laws about competitive bidding, and I'd like to discuss those
with you. We're going to look into seeing what they are, and we'd like
to understand them.
Thank you very much for the extra time.
CHAIRMAN FIALA: Thank you.
Okay. You wanted to speak, Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Thank you very much.
I might want to say something positive. Bob, I do appreciate
what you and Zero Waste have done. We've come a long ways, and I
give staff a lot of credit.
When we used to hold these type of meetings dealing with the
landfill or waste management or any kind of contract, the room would
be filled with people that were extremely unhappy with what we were
doing. I mean, I'm talking very unhappy, to the point where it was
very difficult to work with.
Over the years through the odor controls, through alternative
actions that we've -- taken place and holding the rates to where they
were, we put much of that bad feelings, that distance, aside to be able
to move forward on it, and I compliment you. I mean, it's been an
unbelievable undertaking to get to the point where we're at now.
Commissioner Henning, of course, mentioned the difference
between one district against another, and very rightly so, and I brought
it up in our conversations too. And I do have some concerns, but I
have a question whether this would be appropriate at this point in time
for Immokalee to be able to go on equal footings.
What's the cost between -- in Immokalee between the A and the
B?
MR. YONKOWSKY: It would be $20. Overall the annual
assessment would have a $20 differential.
COMMISSIONER HALAS: That's per year?
MR. YONKOWSKY: Per year, yes, sir.
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November 30, 2004
COMMISSIONER COLETTA: Yeah. You've got to remember
in Immokalee, too, we've got a unique situation. This is -- and mind
you, I don't have all the answers on this.
We have an increase in population that takes place in the season,
the growing season, which is phenomenal. A whole bunch of people
come in and lots of them are new every year, they keep turning over.
I don't know if they're going to recognize this as a recycle bin. I
think that we're going to have the problem with this becoming just
another waste container. And that's the only reason. But what I
would like to see is that the contract, when it comes back to us -- in
January?
MR. YONKOWSKY: February.
COMMISSIONER COLETTA: February -- that we have an
option in there at -- when we talk to the communities, we m~et with
Immokalee residents and find out what their true feelings are on it.
If they feel this is something that's well worth it for them and
they want to do it, I'd like to do it. But I'd like to leave that option
open for us to be able to give that direction at some future time to
waste -- Immokalee Waste Disposal. Say, yes, we'll go ahead; yes, go
ahead and bill our residents in Immokalee an additional 20 some
dollars to do this, and we'll move forward.
I'm very leery about doing it at this point in time. And I
personally like what I see in front of me as far as this executive
summary goes, and I'd make a motion for approval at this time.
COMMISSIONER HALAS: I'll second that.
CHAIRMAN FIALA: Okay. You approve the staffs
recommendation?
COMMISSIONER COLETTA: Plus the addition of the --
having the option put in there. It costs the county nothing, or the
residents in Immokalee, nothing at this time. But when they come
back in January, the option's in there for us to go back to Immokalee
Waste Disposal to add the recycling bins --
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November 30, 2004
COMMISSIONER HALAS: Option B.
COMMISSIONER COLETTA: -- at that point in time. In other
words, we go with option --
COMMISSIONER HALAS: B.
CHAIRMAN FIALA: A for --
COMMISSIONER COLETTA: -- A for Immokalee and B for
the rest of the -- of Collier County, but we have the option open to be
able to go back to B for the rest -- for Immokalee at some time in the
near future when the civic leaders of that area deem it appropriate.
CHAIRMAN FIALA: Okay. And that's in your second as well?
COMMISSIONER HALAS: My second includes all that as
well, yes.
CHAIRMAN FIALA: Okay. I have a motion on the floor -_
motion on the floor by Commissioner Coletta, second by
Commissioner Halas.
Did you -- did you have something else to say?
COMMISSIONER HALAS: Yes. I'd just like to say that when I
first moved to this community a few years back I can remember all the
problems that we had with the landfill. And what's really impressed
me is the working relationship between government and the private
partnership in regards to addressing a lot of the issues we had, and I
think we've come a long ways.
And when I look at the bottom line here of what the increase is
for waste in District 2, I'm very impressed with the results, and I think
that we're on the right track here.
CHAIRMAN FIALA: Okay. I had something to go say also
before we -- before we vote. One is, the customer service, I notice
that you're going to change how the customer service is handled. I
know waste management has done a terrific job.
Every time I've called -- and I never identify who I really am __
they've been great, and it didn't even cost us anything extra. I mean, it
was just like, you know, like out-sourcing, more or less. And I was
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November 30, 2004
concerned that we were taking on now the responsibility of adding a
couple people onto staff, and do we really need to do that when it's
already handled through waste management, and it's handled -- if they
did a poor job it would be different, but they're doing a great job.
MR. YONKOWSKY: Commissioner Fiala, the -- most of the
time they do a great job. But you do not have the accountability with
them as you would with your own staff.
And another issue that happens is that someone will call here and
say -- and talk to Mr. Mudd or commissioners' office and say, you
know, I've talked to those people three times. They don't really know
who they talked to. They don't know whether they talked to the
county staff or whether they talked to waste management.
What we're trying to do with this change is to put all of the
customer service in one area, that way your staff, your county staff,
would get the call, they would contact the service provider and say,
this is what needs to be corrected. Then once it's corrected, then the
county staff will call those people back and make sure that it's
happened.
CHAIRMAN FIALA: Okay. Then I--
MR. YONKOWSKY: And it eliminates a lot of confusion.
There's good customer service on both sides --
CHAIRMAN FIALA: Yeah.
MR. YONKOWSKY: -- but the optimum solution is to have
customer service in one place.
CHAIRMAN FIALA: Okay. I just wondered if that was worth
hiring the extra people.
But my second question -- I had four. The second question is, I
was wondering if further discussion -- not today any longer -- but Bob
Krasowski brought up an excellent idea. We should be putting these
waste recyc -- waste cans in the schools, you know, and just label
them all, you know, whatever they are, and let people just dump their
own in there as they go. I think that's an opportunity.
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November 30, 2004
And I don't know how we get to it, but maybe we even have a
workshop with the school board directing them to help us in
preserving airspace in our landfill. We need their cooperation to do
that. So that's just a second suggestion.
The third thing is, when these -- when these cans are distributed,
will it have that sign on the top that tells you what you can put in
there?
MR. YONKOWSKY: Yes, ma'am. Under the proposed
contract, we have a lot of control over what's going to be on the can.
As a matter of fact, if you look at the front of it, you can see the bar
coding, and that's another area that we're --
CHAIRMAN FIALA: I'm a little short.
MR. YONKOWSKY: See the bar coding?
CHAIRMAN FIALA: Yes.
MR. YONKOWSKY: With the bar coding we want to try to
identify the residents with the can, the residential unit with the can so
that as they move and they say, well, no, that's my can. We've already
got it tied down. Now, that's a process that will take some time, but
this is just more of the optization approach that we're looking at.
CHAIRMAN FIALA: Great. I just was mainly concerned with
the top so that people who haven't read their mail or whatever know
what that can is for.
And lastly -- and lastly, Commissioner Halas -- Henning brought
up a suggestion talking about businesses. And I was wondering if
there was a way -- I know we've been trying to get them to recycle,
and you know that's one of my pet things, recycling anyway. We've
been trying to get them to recycle. Maybe -- maybe if they learned
that by recycling they can save money, and maybe we can promote
that through the chamber, or through all the chambers, we could -- we
could move ahead with that. But again, I don't want to belabor it any
longer. I'm just asking that you do that and also -- with the schools
also.
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November 30, 2004
Okay. Commissioner Halas?
COMMISSIONER HALAS: I just want to say that in the short
period of time they had the pilot program out in District 2, that people
did not seem to have any problem whatsoever adjusting to this. In
fact, they had a harder time adjusting back to the old style.
CHAIRMAN FIALA: I thought that was real interesting.
COMMISSIONER HALAS: And I was amazed. And so even
the seniors picked up on it real quickly, and the first thing they said
was the fact that -- and I'm one of the seniors -- was the -- and I didn't
get to have one of these, but I can tell you that they enjoyed wheeling
the stuff out to the curb other than picking up the bins and carrying
them out. That was a -- truly a large asset to them, and they really
miss that. So I think we're in the right direction.
COMMISSIONER COLETTA: I just wanted to let
Commissioner Halas know that you don't have to carry it out to the
curb, these particular tote cycles. If you can lien them over onto the
back of your bumper where you've got the little hitch, and when you
pull your little -- and you can drag them out. It's just -- don't forget it's
back there and drive all the way to work with it attached. I wore out
the wheels on mine.
CHAIRMAN FIALA: We have a motion on the floor and a
second.
All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
Opposed, like sign.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay. We have a 3-1 vote.
MR. YONKOWSKY: Thank you, Commissioners.
CHAIRMAN FIALA: Thank you.
And now move on to D, which is 16B1.
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Item #10D
RECOMMENDATION TO APPROVE AN AGREEMENT FOR
SALE AND PURCHASE WITH THE TRUST FOR PUBLIC LAND
FOR PURCHASE OF THE MAR-GOOD RESORT IN GOODLAND
FOR $2,500,000 AND TO APPROVE A GRANT CONTRACT
WITH THE FLORIDA COMMUNITIES TRUST FOR SEVENTY-
MR. MUDD: Yes, ma'am, which is a recommendation to
approve an agreement for sale and purchase with the Trust for Public
Land for the purchase of the Mar-Good Resort in Goodland for $2.5
million and to approve a grant contract with the Florida Communities
Trust for 75 percent reimbursement, which is estimated at $1.9
million.
And Mrs. Marla Ramsey, the interim director of public services
division, will present.
COMMISSIONER COLETTA: If I could, I probably could save
us a long presentation. Well, on second thought, I think this is a good
news item. I'm going to let Marla go ahead and make the presentation.
MS. RAMSEY: Good morning. For the record, Marla Ramsey.
Early in 2004, the landowner of the Mar-Good Resort
approached the Trust Republic Lands asking if they'd be interested in
purchasing the properties that could stay in public ownership. The site
is about 2.61 acres.
And Trust Republic Lands then came to Collier County Parks
and Recreation to see if we would be interested in having this parcel
as a park on Goodland.
The parks and recreation staff came to the commissioners in
April with a request to apply for a Florida Forever Grant. We
submitted that grant on May 5th to the Florida Community Trust. And
on September 1 st that funding was provided from Florida Community
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November 30, 2004
Trust.
Our interest in the parcel was based solely on the opportunity to
get a Florida Community Trust grant. And as you heard in the
introduction, that 75 percent of the purchase price is being paid for by
the grant itself. So Collier County will put in about 25 percent of that.
We have before you this morning two different agreements. One
for the Trust Republic Lands Agreement and one for Florida
Community Trust Grant Agreement. So there are actually two items
underneath one executive summary.
And with that, I can answer any questions.
COMMISSIONER COLETTA: Good. I do have some
questions. Would you explain to us what the amenities are going to be
of this particular parcel?
MS. RAMSEY: Yes. If you look on the visualizer, you will see
that we have retained what was once the very first movie theater on __
in Collier County. It's located this particular parcel. It even has the
original proj ector and screen, I understand, in the building itself.
There are also, off to the side of that, parcel four or five, cracker
cottages that have been on site for quite some time. There's also a
{} sistern that's located underneath what was the laundry area
currently, I guess.
So there's a few historical items that we want to preserve on the
site itself. The rest of it we would like to see some passive pathways,
bringing back some of the littoral along the bay itself to help as a
water quality, taking out the existing docks and putting in new docks
that we -- can be used for people that can come into the harbor and tie
up and come to some of the businesses in Goodland, also to fish and
do some recreational water activity off of, also a launch area for
kayaking and canoeing at the location.
The historical theater we look at as being an interpretative area,
with hopefully some of the artifacts from the Goodland area on
display in that area.
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Playgrounds and shelters, one of which would be screened to
help us with mosquito control in the area, as well as a larger family
picnic pavilion which has botchy ball, horseshoe, volleyball, those
kinds of activities as well.
COMMISSIONER COLETTA: The -- what would be the
carrying capacity of this, in other words, for the number of people that
might be using this at its maximum? I suppose it would probably take
place during the better weather and maybe on holidays, whatever.
What would be the capacity, in other words, when you figure all the
different amenities there and seating arrangements, and the __
MS. RAMSEY: Yeah. If you look--
COMMISSIONER COLETTA: -- historical building.
MS. RAMSEY: We have about 20 parking spaces there, if you
take our normal 2.4 persons per car, that -- the parking area will
accommodate about 50 people to the site itself.
If you look at the various elements that we have throughout it,
not counting how many people might go out kayaking from this
location, somewhere between 150, I guess, to 175. If there's an event
going on, like if the Goodland community wanted to do some kind of
event that they put up tents and things like that, then I'm assuming that
we could accommodate more.
But on a general basis, somewhere probably, 150.
COMMISSIONER COLETTA: Yeah, but with 20 park places, it
kind of limits the amount of people -- it's mainly a community park.
That's what the--
MS. RAMSEY: That's correct.
COMMISSIONER COLETTA: -- designation should be for
something like this. And a lot of people even in Goodland are capable
of walking the full distance to be able to get to it, so 20 parking places,
I think it's an absolutely wonderful idea, and I -- at a time when we
have people that are opposing community parks, we finally have
something that's positive to this where people are accepting it. I just
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November 30, 2004
wanted to commend you for doing an excellent job at getting this
through.
And Commissioner Fiala, you'd be very proud of the fact that
you've been instrumental in making this happen.
CHAIRMAN FIALA: Oh, I haven't been instrumental. Marla
has. I just love the idea, and I'm so, so pleased with the plans that
she's come up with, especially the preserving of that movie theater and
all of the things that he has stored in there. It's just delightful.
COMMISSIONER COLETTA: And I'd make a motion for
approval.
CHAIRMAN FIALA: And I second that motion.
COMMISSIONER COLETTA: And I'd have to give
Commissioner Halas his time.
CHAIRMAN FIALA: And we have a motion on the floor and a
second, we have a speaker, Commissioner Halas.
So let's call the speaker.
MS. FILSON: The speaker's Connie Fullmer.
MS. FULLMER: Good morning, Commissioners. Connie
Fullmer, president of the Goodland Preservation Coalition. Just a very,
very brief comment.
Thank you very, very much for this being an agenda item today.
We're absolutely thrilled about Mar-Good being preserved as an
historic area. And Commissioner Coletta, I'm really glad that you
took this out of the consent agenda so we could talk about it in
particular.
And I do see Jack Wert in the audience today, our director of the
tourism convention and bureau, and I think Jack Wert would probably
say how important this area is going to be for the entire County of
Collier for tourism, because the interpretative center will be something
wonderful for people to come visit to learn about the history of
Goodland, and the {SP} Alhannans need to be -- our community will
be forever grateful to the Alhannans for them considering our
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community and approaching the Trust for Public Lands to protect this
area, to preserve the old Florida fishing village character of the
community.
Again, thank you very much, and we look forward to this area
being preserved in Goodland.
CHAIRMAN FIALA: Thank you, and thank you, too, for
bringing it up onto the regular agenda.
Commissioner Halas?
COMMISSIONER HALAS: Yes, Marla. What's your timetable
as far as if we go through with this proposal, when would we take over
ownership and when would it be open to the public?
MS. RAMSEY: Well, we would take over ownership, I believe,
at the end of March is the closing date of the Trust Republic Lands.
As far as when will it be open to the public, the first thing -- we would
have to do this in phases, of course.
And the first thing we would like to do is clean the site up and
make it as safe as possible just to even come out and enjoy the edge of
the water. But it will be done over a number of years.
COMMISSIONER HALAS: Okay. Thank you very much.
CHAIRMAN FIALA: Thank you. I have a motion on the floor
and a second. The motion was made by Commissioner Coletta, and a
second by Commissioner Fiala.
All those in favor, say aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you.
Okay. And we go on now to item 10E, which is 16F1.
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November 30, 2004
Item #1 OE
RESOLUTION 2004-370: A RESOLUTION SUPERCEDING
RESOLUTION NO. 2003-431, ADOPTING A POLICY FOR THE
APPROVAL OF FUNDS FOR TRAVEL EXPENSES FOR
PERSONS CONDUCTING OFFICIAL TOURISM BUSINESS _
AnOEIED
MR. MUDD: And it's a recommendation to adopt a resolution
which supersedes resolution 2003-431, adopting a policy for the
approval of funds for travel expenses for persons conducting official
tourism business, and Commissioner Henning asked that this item be
moved to the regular agenda.
And Mr. Jack Wert, your director of tourism, will present.
MR. WERT: Good morning, Chainnan and Commissioners. For
the record, Jack Wert, tourism director.
This item we're bringing before you, we've had this ordinance or
this resolution adopted just a little less than a year ago, and we've been
working with it. It's worked out pretty well except that we have, in a
few instances, run up against the 5,000 per month limit on our county
credit cards. It has posed a problem.
We've hit the limit a couple of times, and there have been some
embarrassing times when our staff has been in a hotel room and the
knock on the door of, your credit card is not accepted, and they had to
put it on their personal card. So that has certainly posed a problem.
And so we went to the purchasing department. They did a study
on what charges we had had over the -- about 10 months that we've
had this resolution in place, and they recommended increasing it to __
from 5,000 to $10,000 limit. That's a -- that's the monthly limit. We
still have the $2,000 per transaction limit, and that once in a while
causes a problem, but when we do run over the 2,000, we do then ask
for a check to cover those expenses.
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November 30,2004
The other thing that this revision to the resolution does is to allow
us to advance some cash to our county staff who is traveling on
tourism business for those incidental expenses. So, again, they aren't
running up a lot of expenses out of their own pocket. We certainly
reimburse them when they come back, but we do have a couple of our
staff, including myself, who might have back to back trips, and it
really does amount up after a while, and you may have -- I just did an
expense reimbursement yesterday that was close to $500 so -- and that
was just in a month's time.
So we're -- we don't feel that our staff should have to take money
out of their own pocket and then wait for reimbursement when they
are out there on county business promoting our destination.
So we are asking for those two changes to this resolution; one to
raise the monthly limit from 5,000 to 10,000, and then to allow for
advancement of those incidental cash expenses that they may have for
both domestic and international travel.
CHAIRMAN FIALA: Commissioner Henning?
MR. WERT: I'll answer questions.
COMMISSIONER HENNING: Mr. Wert, the credit card use,
presently do you use it for shows and that? Let's say you have to
purchase a booth. Is that the credit card used for that?
MR. WERT: Yes. We would use that for the registration for __
that cost, so we would use that -- the credit card to -- if it were under
$2,000, we would use the credit card to establish the fact that we can
go to the show, the registration. We would also then use it for all the
related travel expenses.
And when you do that -- and we are doing probably around 30
shows this year that we'll have our staff out traveling to. So almost
every month we are registering for shows that might be in the next
couple of months, and it's very easy to run up those, over $5,000
expenses, and we've hit that $10,000 limit a couple of times. That's
what purchasing's study has shown, so that's why they recommended
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November 30, 2004
that -- going up to the 10,000.
COMMISSIONER HENNING: What about airlines? Couldn't
that be paid with a check from the county instead of a credit card?
MR. WERT: Certainly it could. We have opted to look for,
obviously, the best prices we can. We shop the Internet for the best
airline prices, and you can't use a check there. You have to do it
automatically online. And we do feel that we're saving the county
money by doing it that way and not going through a third-party
provider for that.
COMMISSIONER HENNING: Okay. Well, I guess I get that.
It's a better way to handle that issue. But why can't we do that with
the -- some of the booths that you -- on the trade shows? Couldn't you
MR. WERT: Well, certainly we can. Some of them are pretty
close time frames. We will get the information about a show, and we
may only have two weeks to register for that, and that's normally not
enough time to get a check.
The larger shows, like the European shows that do cost more than
our $2,000 transaction limit on the card, we try -- we know those far
enough in advance. But a lot of these shows are very close in time,
and we don't have enough time to get that county check.
So we use the credit card. That establishes us. We get the booth
space, and often these shows are based on the earlier you register for
the show, the better location you have, the better choices you have in
terms of where your booth is located, and that is extremely important
when it comes to like the meeting planner shows and some of the
consumer shows that we do. So timing is of the essence.
COMMISSIONER HENNING: You've answered my question. I
just -- you know, I mean, it's a large limit. Even my own credit card I
don't have that kind of limit.
MR. WERT: I don't anticipate it's going to happen every month
that we'll need that extra limit, but it certainly will be helpful to our
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November 30, 2004
staff and they don't get that knock on the door in the middle of the
night that their credit card has been rejected, and that's certainly no
fun for any of us.
MR. MUDD: If I may interject, Madam Chair.
Jack, do you check all the vouchers to make sure -- and I know
that Mr. Mitchell does -- that you make sure that all the -- all the
accruals on that credit card are appropriate?
MR. WERT: Oh, yes, sir. Yes, we check those every month
when they come in.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HENNING: I'm going to make a motion to
approve. You answered my question.
CHAIRMAN FIALA: Great. And I'll second that motion.
COMMISSIONER HALAS: I know where Jack's coming from.
My prior life, I used to do an awful lot of traveling, and I can assure
you that it doesn't take long to run up $10,000. And you submit your
travel expense fonns weekly, and it takes some time before the money
is paid off on your travel fonns and then accredited to your credit
card, so I know exactly where Jack's -- where he's coming from.
And sometimes it takes as long as 60 days for your travel fonns
to catch up and finally get credit on your credit card. So -- and it's a
very embarrassing if you want to check out of a hotel and you find out
that your credit card's no longer any good that's been issued to you by
the county or the company that you're working for, and, therefore, you
have to get involved with your credit card, and it's a real hassle, and I
can understand exactly where you're coming from.
CHAIRMAN FIALA: Before we vote I just wanted to ask if
your credit card received sky miles, and if it does, are you able to use
that for some of your travel?
MR. WERT: No. No, I'm not able to do that. That's something
maybe we ought to look at, but no. No, it does not.
CHAIRMAN FIALA: That might save us some money.
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November 30, 2004
With that, I'll call for the vote.
All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: And opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you very much.
MR. WERT: Thank you, Commissioner.
CHAIRMAN FIALA: We move on to item 12A.
MS. FILSON: Actually--
MR. MUDD: Public comment, ma'am.
CHAIRMAN FIALA: Oh, public comment. I'm sorry.
Item #11
MS. FILSON: Bob Krasowski.
MR. KRASOWSKI: Hello, Commissioners. Being I don't come
here as often as I used to, I'd like to take the opportunity today to
really be effective with my comment.
There was something -- a peripheral to your recycling item that I
wanted to explain in detail so I don't set things up for complex
problems in the future.
When I mentioned what the Zero Waste Group had been doing
with the school system, I want to explain that in a little more detail.
We took a -- a particular school and -- which generated an
eight-yard dumpster of garbage a day and put in an eight-yard
recycling dumpster that we -- we purchased from -- through a bid
process from the person who would provide that collection service of
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November 30, 2004
commingled, mixed, paper and cardboard recyclables for the lowest
pnce.
So that happened to be -- in our survey all of the available
vendors in the area, Sunshine Recycling. Now, Sunshine Recycling
also provides the service I'm describing to you to all of Lee County's
schools, okay?
So Sunshine Recycling came in, and on a weekly basis, takes
away the eight yards of the commingled paper and cardboard for
recycling and then two of what you saw before here, 96-gallon
containers of cans and aluminium cans and stuff, containers from the
kitchen and throughout the school, okay?
So that equals about 10 yards a mo -- excuse me -- 10 yards a
week. So in collecting 10 yards worth of recyclables there, we were
able to reduce their eight-yard garbage dumpster by two yards a day.
So two times five is 10. So you see the displacement from garbage to
recyclables. That's a 20 percent reduction. That's not going to the
landfill. This could be done throughout the entire school system.
But what -- the benefit -- and it saves money. It's less money to
do it that way, okay? But the benefit we achieved here is by going
into the marketplace in a good old American tradition of competitive
bid, not snuggling up to somebody that's already providing service
that's making money that you don't want to interfere with their
business.
We need this kind of innovative opportunity to change the
process in the system and realign the expense and the cost to move
forward environmentally, economically, and with efficiencies in
recycling.
So I would not -- didn't mean to suggest that we expand what the
county's doing to provide recycling containers to the school system.
Let the school system work on the data that they have and go out to
bid amongst other -- other organizations, other service providers.
And one thing I hear a lot -- or I've heard several times over the
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November 30, 2004
years -- is that when -- if somebody comes in from Lee County, a
service provider for recycling and picks up the recyclables like in the
school system and takes them out of the county for a recycling
facility, that we don't get credit towards our recycling percentages.
Well, we do get credit. I talked to -- directly to Bill Hinkley of
the DEP, and they've gone through great pains to make sure that
counties do receive credit even if the recycling's taken into other
places. So don't let anybody scare you off of this system for that
purpose.
And so -- and then the other thing I mentioned, the very
comfortable situation that existed where the two yard dumpsters,
about this -- about this big that were sitting under the shoots outside of
the schools when the kids would drop off their trays, 30 schools have
these machines that chop up the food trays and they put them out into
these dumpsters, and they're 3- or $400 a month for service.
Well, they don't get filled every day with the trays. It's only a
small part of that dumpster's actually used. So by removing that
dumpster, of course, bites into the business and the profit to the
service provider now. But if you just put a garbage can under there, as
we've shown the schools, this amount of money times 30 schools plus,
that they could save $10,000 a month, and they're starting to take
action on that yet.
They haven't done anything in terms of this recycling program
changing their behavior in regards to how they handle that, but they
promise to start at some point. I don't know when it's going to happen.
But as you know, this is a very big complex issue, and there's a
lot of big heavy players in play here, a lot of money and people that
want to control certain aspects of the business. I can't go into that
now, but -- so I just hope I've clarified that.
The competitive marketplace is what promises to do best in the
public schools in Collier County.
Thank you
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November 30, 2004
CHAIRMAN FIALA: Do we have any other public comments?
MS. FILSON: No, ma'am, that was the final one.
Item #12A
AMENDED SETTLEMENT AGREEMENT AND MUTUAL
RELEASE BETWEEN COLLIER COUNTY AND COLLEEN
MACORT AND ACCESS NOW, INC. IN REFERENCE TO CASE
NO. 2:03-CV-I09-FTM-29SPC THAT IS NOW PENDING IN THE
UNITED STATES DISTRICT COURT FOR THE MIDDLE
CHAIRMAN FIALA: Okay. Then we move onto 12A.
MR. MUDD: Yes, ma'am, and that is a recommendation for
approval of amended settlement agreement and mutual release
between Collier County and Colleen Macort and Access Now, Inc., in
reference to case number 2:03-cv-109-FTM-29SPC that is now
pending in the United States District Court for the Middle District of
Florida, Fort Myers Division.
And Ms. Jacqueline Hubbard-Robinson from the county
attorney's office will present.
MS. HUBBARD: Good morning. I'm Jacqueline Hubbard on
behalf of the county attorney's office.
This is a settlement agreement that we've been working on for
some time. And essential what it does is the county agrees that it will
make Golden Gate Community Park ADA compliant.
And attached to the settlement agreement is a list of the different
corrections that need to be made. We've agreed to all of those except
number 1 7 and number 20 which request that we put in shower
benches for the handicapped. We don't really need to do that. That's
not required under the ADA. And the opposing counsel and his client
have agreed that those will not be completed.
Page 87
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November 30, 2004
We have the funds available to correct -- to correct the problems.
And we have been collecting apparently a surcharge of $250 on each
ticket that's issued for someone illegally parking in the handicapped
parking zone, and those are the funds that will be utilized to
implement the settlement agreement.
CHAIRMAN FIALA: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: I'm going to make a motion to
approve the county attorney's recommendations, but also in my
motion I'd like to include to direct county manager to take a look at all
our facilities and develop a long-term plan of how we could become
compliant.
CHAIRMAN FIALA: Okay. And I'll second that motion.
Any discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good.
And now we move on to item 12B -- C.
MR. MUDD: 12B the board handled earlier this morning.
Item #12C
RECOMMENDATION TO AUTHORIZE THE OFFICE OF THE
COUNTY ATTORNEY TO INITIATE FORECLOSURE
PROCEEDINGS PURSUANT TO SECTION 162.09, FLORIDA
STATUTES, TO FORECLOSE A COLLIER COUNTY CODE
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ENFORCEMENT LIEN ARISING FROM CODE ENFORCEMENT
BOARD CASE NO. 2003-039 ENTITLED BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA V. VAN
EL WAY ENTERPRISES, INC., D/B/A IRONWOOD GOLF CLUB _
AEEROVED
12C is 16K4, and 16K4 is a recommendation to authorize the
office of the county attorney to initiate foreclosure proceedings
pursuant to section 162.09, Florida Statutes, to foreclose a Collier
County code enforcement lien arising from Code Enforcement Board
case number 2003-039, entitled Board of County Commissioners,
Collier County, Florida, versus Van Elway Enterprises, Inc., Ironwood
Golf Club, and this item was moved to the regular agenda by
Commissioner Fiala.
MR. KLATZKOW: Good morning. Usually I wouldn't come __
CHAIRMAN FIALA: Your name for the record?
MR. KLATZKOW: JeffKlatzkow, I'm sorry, I'm assistant
county attorney. Usually I wouldn't bother the board with a
foreclosure of a code enforcement lien. This one's a little different
though.
We have a golf course, and it's up for the board to review. It's
basically behind the government center near the Home Depot off of
Davis Boulevard. In essence, it appears that the owner has abandoned
it. It looks like the owner took out approximately a million dollars
worth of loans, took the operating profits from this for a number of
years, didn't pump any money into it, and has left the building, leaving
the residents around the community surrounded by what is vastly __
what is quickly becoming, anyway, an open field.
I walk the course every now and then during my lunch break, and
it's becoming wild, quite frankly. So we've been getting, both county
attorney's office and code enforcement, numerous complaints from the
residents asking what can be done about this. And what this office can
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do about this is to start a foreclosure proceeding.
Currently, the lien is approximately 20,000. It increases by $50 a
day. Essentially the process would be to require a for-sale of the golf
course. It's really not my interest to collect the money so much as it is
to get somebody in there to buy the course, to invest in the course, and
to fix up the golf course so that the residents are no longer surrounded
by a field.
One of the issues, however, is I don't know if the golf course
value is equal to the mortgages that are placed on the golf course. My
understanding, talking to the former manager of the golf course, is that
it would take approximately $350,000 to bring the golf course back up
to a playable condition, add that to the million dollars in debt, and you
probably exceed the fair market value of it.
If this board authorizes commencement of the foreclosure, I
would talk with the lender and see what they wanted to do. There is a
good possibility, however, that at the end of the day, midway through
the process, I would dismiss the lawsuit because I don't think that the
county at this point in time, unless directed otherwise, wants to
actually own this golf course with the liabilities attendant upon it. So
that I'll start the process. But at this point in time, I really don't know
where it's going to take us.
CHAIRMAN FIALA: Can you tell me, does that property also
contain the restaurant? Does he own that restaurant and pro shop?
MR. KLATZKOW: Yes, I believe that it does.
CHAIRMAN FIALA: Because that's also overgrown and
abandoned.
MR. KLA TZKOW: Oh, it's terrible; it's terrible.
CHAIRMAN FIALA: And there was a swimming pool that
adjoined that restaurant that I guess they filled with water -- or filled
with dirt because they weren't maintaining it. Somewhere on that
property -- yeah, there is one.
MR. KLATZKOW: That I don't know, Commissioner. I do
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November 30, 2004
know that there's been some interest for the rental of that clubhouse to
use as a restaurant. The current owner has no interest in getting any
long-term commitments at this point in time.
CHAIRMAN FIALA: I just wanted to determine what all was
involved aside from the golf course.
And do we have some speakers?
MS. FILSON: Yes, ma'am. I have one speaker. Houston
Thompson.
MR. THOMPSON: My name is Houston Thompson. I've been
here five years. What -- if your property goes down, would you think
and do? This is where everybody that attaches to Ironwood, we have
this in the back of our mind. You have a backyard that looks horrible
behind you.
Rats have been seen by two women, and rats attract snakes. No
women like snakes, that I know of.
Two weeks ago the TV weatherman said that this is the time for
fires. Brown grass is a fire hazard, and all of the golf course is brown
behind me. It's over 18 inches already, but it's also brown, which
would make it very easy to fire.
So one lightning strike could get a large area at large risk. So
what is to be done to this property even if foreclosure does occur?
Who will cut the grass? And since this property was set as a golf
course, could the property be changed to condo or others? That's it.
CHAIRMAN FIALA: Okay. That's a good question. Do you--
can you answer --
COMMISSIONER HENNING: Would make great infill.
MR. KLATZKOW: This board would have to look at that as a
possibility for rezoning. I don't know that, given the layout of this,
that many of the areas of the golf course lend themselves for any
development other than a golf course. It's a very narrow golf course.
I believe it's par 54.
CHAIRMAN FIALA: Yes. But if it wasn't sold for like
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November 30, 2004
condominiums or something like that, who would be maintaining it? I
mean, if we foreclose on it and that's -- I definitely think we ought to
be doing that, but then from the time of foreclosure what happens until
somebody else owns it? Who takes care of it in that interim period of
time?
MR. KLATZKOW: At this point no one. It is the owner's
obligation to take care of that property, which is why there's a
$50-a-day fine accruing. But, you know, other than foreclosing,
there's no other remedy.
CHAIRMAN FIALA: And even after we foreclose, then until
something happens to the property and somebody else owns it, it's just
going to continue on the way it is right now, right?
MR. KLA TZKOW: Absent the buyer or the lender stepping in,
that's correct.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Would it be -- would -- what would
your thoughts be if the county tried to purchase this as a golf course?
CHAIRMAN FIALA: Well, actually I talked to Marla about
that, oh, gosh, a while back because it's a small course. It's just an
executive course. But I thought it might be great as like a public golf
course for the seniors --
COMMISSIONER HALAS: That's what I was thinking.
CHAIRMAN FIALA: -- who didn't have -- who have -- the way
the other golf courses are buying up even the public golf courses,
there's very few left, and so I thought, well, maybe that'd be a good
idea.
COMMISSIONER HALAS: That's what I was thinking.
CHAIRMAN FIALA: Or maybe it would make a good school
program for some of the kids. When I spoke to Marla she said, well,
you know, the high schools, a lot of the kids would like a longer
range. But maybe for girls' programs or for middle school, we were
talking.
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COMMISSIONER HALAS: Or the seniors.
CHAIRMAN FIALA: Or for the seniors, you know. I would
think it's a great idea, but -- and then I know that they have some bids
on somebody looking at the restaurant. A really great restaurant, by
the way is looking at wanting to rent that. But right now it's in limbo.
But Marla had said, you know, she's got some other things on her
plate and she said, we're really not in the golf business. So we could
hear from Marla if you'd like.
COMMISSIONER HALAS: Well, I think what we ought to do
is just go ahead with this and then maybe give direction __
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER HALAS: I'll second that. And then maybe __
MR. KLATZKOW: May I get some direction? If I complete
this foreclosure, the county will be liable for those million dollars in
loans. I'm not extinguishing the loans because our interest is inferior
to the mortgage on the property.
CHAIRMAN FIALA: Tell me what you just said there.
MR. KLATZKOW: Right now -- right now there's a million
dollars of loans that are on the property, like my house has a
mortgage, your house has a mortgage on it. And by my foreclosing on
this, if the county was to take title to this, we take it with that loan,
that million dollar loan, which is why I stated that there may come a
time where I would recommend that the county not proceed to
conclusion of the lawsuit.
At this point I don't know what will happen when I start the
lawsuit. It might be, we get a buyer comes in and everything works
out great. But at the end of the day if there's nobody willing to step up
to the table, if the county decides it wants to complete the foreclosure,
it will have this liability.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: I don't totally agree with that. I
think whoever the lender is on that is approachable to negotiate some
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November 30, 2004
kind of settlement. I've heard this in the past and actually witnessed it.
The -- and there's an asset there. And whether that asset is worth a
million dollars or not, I don't know.
But with the property prices in Collier County, I think the
direction is to proceed with foreclosure. And, you know, we have on
our staff real estate appraisers that -- I'm sure that can give us further
direction when we get closer to this, and you know, just bring it back
when we kind have an update on where we're at, and involve more
county staff -- county manager staff members and to help guide us in
what the best process is. And, of course, we want the input of the
residents, too.
MR. KLATZKOW: I will take that direction.
MR. THOMPSON: Like I said, when I started here, if your
property went down, what would you think and do?
COMMISSIONER HENNING: We're going to proceed and
hopefully resolve your issues over there.
MR. THOMPSON: But in how much time? Years.
COMMISSIONER HENNING: I can't answer that. I mean --
MR. THOMPSON: Cutting the grass would be great. Right now
everybody would be happy just to have the grass cut in this backyard.
CHAIRMAN FIALA: I guess even the residents have asked if
they could mow some of the grass around the properties, and they
were told they would not be allowed to do that because __
MR. THOMPSON: Be liable.
CHAIRMAN FIALA: Right, because it would be --
MR. KLATZKOW: What I've told the residents that called me
was, you're at your own risk at doing that. I have a similar situation in
my backyard, and I mow it. I mean, I'm not too worried about
somebody suing me for mowing something they should be mowing.
So they do it at their own risk, but --
CHAIRMAN FIALA: Okay. So we have a motion on the floor.
COMMISSIONER HALAS: Seconded it.
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November 30, 2004
CHAIRMAN FIALA: And a second. The motion was made by
you?
COMMISSIONER HALAS: No.
CHAIRMAN FIALA: Oh, by Commissioner Henning, and a
second by Commissioner Halas.
COMMISSIONER HALAS: Right.
CHAIRMAN FIALA: Any further discussion?
COMMISSIONER COLETTA: I think David Weigel raised his
hand.
CHAIRMAN FIALA: Oh, I'm sorry.
MR. WEIGEL: Well, I was just going to say, Commissioner
Henning is absolutely correct that this provides an opportunity for the
county as a player to leverage the interested parties that are connected
both officially unofficially with this property. Obviously someone
who's got a loan interest looking to receive money and is not at the
present time is going to have a significant interest, and they may well
be looking to the county to articulate what our interests and concerns
are and learn better what theirs are and their history with the
underlying owner who has the ultimate underlying responsibility.
And I'm sure that Jeff Klatzkow from our office, working with
Michelle Arnold and county attorney, will be able to, in a very
business-like way, provide you some interim information before the
county, through this litigation vehicle, puts itself in a position that we
think it would be incumbent for you to make another decision.
Nothing will go so far as to create a problem for the county in that
regard.
And one other thing, in regard to the tremendous growth that's
occurring, has occurred, and will continue to occur -- occur out there,
although with some lessening because of the non-rainy season now,
the county does and has done lot clearing, as an example, or has, in
fact, from time to time through code enforcement, done cutting when
there's violation of the ordinances of 18 inches more or growth,
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November 30, 2004
typically grass growth.
If the county were to do that -- Michelle may wish to will
comment -- that could be additional expense incurred by the county
with no assurance of repayment, and the task would be very large
here, in the many thousands of dollars, I would suggest, and, perhaps,
in a recurring situation.
So filing this lawsuit will put a {shut?} shot across the bow of
many interested parties, and we may find someone else picking up the
mower and picking up the -- some of the business aspects of this
problem and working with us as we -- as we go forward in the lawsuit.
I appreciate that. Mr. Henning's very correct.
CHAIRMAN FIALA: And I'll tell you something. I think that,
as you say, the growth is occurring in that area right now, property is
becoming very valuable. I think the county -- if the county ever
bought it, would probably be the best buy we've had in a long time, to
pick up the property and have it all cleaned up and readying to go as
13,5 (sic) sounds to me like a great deal.
I was trying to read how many acres there are, but it's a good
price if we seem fit to move forward with something like that.
MR. KLATZKOW: I believe it's 40 acres total.
CHAIRMAN FIALA: Forty acres, for a million fi -- a million,
and then 350 to clean it up all up, and we could even use that
restaurant as a -- you know, we could rent it out or --
COMMISSIONER HENNING: I would say that we need to
resolve the actions --
COMMISSIONER HALAS: First.
COMMISSIONER HENNING: -- for the -- because of the
violations for the residents. The commitments we've __
CHAIRMAN FIALA: Make plans later, huh?
COMMISSIONER HENNING: -- made has nothing to do with
what we're -- what we need to do today.
CHAIRMAN FIALA: Okay.
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November 30, 2004
COMMISSIONER HALAS: That's exactly right.
CHAIRMAN FIALA: Very good.
So we have a motion on the floor and a second.
All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you.
MR. KLATZKOW: Thank you.
CHAIRMAN FIALA: Thank you. And now we come to -
Item #15
MR. MUDD: Staff and commissioner general communications,
ma'am.
CHAIRMAN FIALA: Yeah. Okay. So shall we start off with __
David, do you have any comments to make?
Item #15A
COUNTY ATTORNEY DAVID WEIGEL REGARDING A
LETTER THAT HAD ARRIVED BY COURIER FROM THE
SHERIFF'S OFFICE'S OUTSIDE COUNSEL CONCERNING THE
SHERIFF'S BUDGET APPEAL - COUNTY ATTORNEY TO
CONTACT SHERIFF'S DEPARTMENT WITH TODAY'S
DEC.ISlON
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November 30, 2004
MR. WEIGEL: Just a few, thank you. And I just received a few
minutes ago, apparently a courier from the sheriffs office, a response
to the board action this morning, and --
CHAIRMAN FIALA: Can you speak into your microphone.
MR. WEIGEL: Pardon me. Excuse me. I received from the
sheriffs office from their outside counsel a response to the action that
the board is going to be taking relating to the response to the sheriffs
budget appeal, and I'm having copies made just now. Should bring
them into you in just a moment. It's less well than a page and a half of
letter.
But I'll paraphrase it. And what it is is they're asking the board to
consider three or four items that, if the board were to consider and
approve them, could reach a settlement of the sheriffs appeal.
Now, the first one -- again, we'll have the paper momentarily, I
hope. The first one talks about the restoration of the 2.5 million.
Another one -- another point that they make talks about the board's
recognition of the ability of the sheriff in an unfettered way to go to
the sheriff budget reserves; third item has to do with an absolute
agreement that the four percent attrition rate relating to personnel, full
hiring, be recognized as not appropriate for emergency services, such
as the sheriff; and there's a fourth item, which I don't have off the top
of my head right now. But you'll have these papers momentarily to
look at.
And to filibuster until that occurs I would mention also that I
mentioned to you this morning separately -- oh, you have them. Yeah,
would you be so kind? Thank you.
I'll wait a moment for those papers to be passed out, for the
county manager and Leo, too.
The last part of the letter requests that a response from the board
be done by Friday of this week, and this board will no longer be in
meeting in a few minutes and not subj ect to another meeting this week
to respond.
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November 30, 2004
And I'll just note as you read that Friday is their request date. I
have not -- no idea particularly myself as to why that date is more
important than any other date. And county manager -- the board is to
consider any further response to this letter, county manager, perhaps,
could inform us of any other board dates that are coming up in the
interim prior to the next December 14th regular meeting date.
And again, as you read I would note that the request of this letter
in no way necessitates a change in the work that the county attorney
and the county manager is -- are undergoing right now to provide a
response to the administration commission up in Tallahassee. That
can go on simultaneously, and I would recommend that it do so.
CHAIRMAN FIALA: Go ahead. Commissioner Henning?
COMMISSIONER HENNING: Well, I can tell you what -- the
meetings that we have before our next regular meeting. Well, we've
got a workshop December 6th, in the morning and in the afternoon, a
workshop December 7th.
MR. WEIGEL: Okay.
MR. MUDD: We have workshops on the 6th, the 7th, and the
17th, sir.
COMMISSIONER HENNING: Yeah, and the 17th, but that
17th is after our regular meeting.
But here's my feeling. It's no different than his appeal to the
governor. The Board of Commissioners made a decision, and that
decision was to award the sheriff more money. Obviously that -- he
doesn't like that decision the board made. He wants more money.
And I'm not -- I don't want to respond to this, except for, they're
asking for a response to the appeal by Friday?
MR. WEIGEL: Well, I--
COMMISSIONER HENNING: That I would say that it -- I
mean, if that fits the Florida Statutes that we need to respond to an
appeal in that short matter of time, we have no choice. Otherwise, you
know, business as usual. You've got a lot of things on your plate.
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November 30, 2004
Handle it in the order it came, priorities.
MR. WEIGEL: I appreciate that. This letter is asking for a
response to these points made in this letter by Friday, which is
independent of the time period that we have to respond to the sheriff
appeal to the administration commission, which, by the way, would
appear to be by this Friday as well. We--
CHAIRMAN FIALA: Okay. Would you entertain a couple
more questions?
MR. WEIGEL: Oh, absolutely.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: I think that where Commissioner
Henning is going on this, I'm in the same -- I feel the same way, that
we addressed the budget issue, we talked at great length here, we said
that we're here to contain the budget within 39 percent, and that's
where I feel that we should stand. And in fact, as far as we're
concerned, we can make the -- where I stand right today, I can make
that decision and say that we'll address his letter and say that he can
take it to Tallahassee and find out where it's going to go from there.
CHAIRMAN FIALA: Okay. I had mentioned at our last
meeting when we were discussing this budget that I felt he should
have unfettered access to his reserve fund. I just -- I just felt that was
good. I didn't really get anybody else working with that idea, but I
still think that's a good idea, and so I'll just throw that in.
Commissioner Coletta?
COMMISSIONER COLETTA: Well, I like the way we have it
set up now. I think this commission is basically united in the fact that
we believe that we have offered the sheriff a fair alternative. We have
given him enough money to operate his department with. And I -- I
believe that business as usual. I agree with the rest of my
commissioners, proceed on the course that we have established.
MR. WEIGEL: Commissioners, I recall, I think, from one of
those late meetings we had relating to the sheriff, I think the last
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November 30, 2004
meeting where the sheriff was present, where, in fact, part of the
discussion was, and his request to you, was that in future budget year,
that you look at a change of that four percent attrition policy and that
it was not specifically addressing the '04/'05 budget that had already
been approved.
COMMISSIONER HENNING: Right.
MR. WEIGEL: And additionally -- let's see. Another -- another
point here was in regard to the, quote-unquote, unfettered ability to get
to the reserve funds, sheriffs reserve funds, I would have told you
then, and I would tell you again now, that we have worked with
outside counsel, we have recognized that there can be issues related to
the statutory ability for the sheriff to get the reserve funds. We also
recognize that the statute does make a provision for the sheriff to get
to reserve funds.
And as the attorney to you, my opinion is that at any time a
request is made, your counsel should be able to advise you if, in fact,
the process has been one initiated, followed through by the sheriff, so
that they do have an ability to access those reserve funds. And
whether you call it unfettered or not, at that particular point in time in
the next budget cycle, or in this current fiscal year that we're now
upon, if the sheriff should make a request prior to the end of this fiscal
year for access to those reserve funds, the county attorney will provide
you the legal response at this time, whether it is fettered, unfettered, an
open-ended thing where there's no issue or ability for the board to
block it or not.
But we would -- I would respectfully suggest that we'd reserve
the legal opinion to you at that time and not make a promise at this
particular point in time because we'll always want to see the
application and the facts as they are at that time to see if they're
consistent with the law that exists at that time as, well. And
sometimes the law changes, too.
So from that standpoint, those are two off the four points in the
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November 30, 2004
sheriffs attorney's letter that is given to you right now. And to the
extent that he make take some comfort from that, so be it. But I
believe you've expressed yourselves pretty clearly that you're not
looking, at least at this point, to bump into one of those December 6th,
7th, or other hearing -- board meetings to entertain this for a response.
Out of courtesy, I, or those of my office, will contact this
attorney just to provide them the indication of what the board has
indicated today . We, by virtue of the fact that we're in an
administrative lawsuit, we probably will have some contact with them
or potentially some contact with them outside of the formal response
that we file. So from that standpoint, we're happy to pass on that
message from the board, at least as you've stated to this point in time.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: I think we addressed it when we
gave him the reserves, when we offered up the last time that we
discussed this, of little over $16 million now. This is a vast increase
over last year's budget. So I guess that has to be put on the record
also.
MR. WEIGEL: You can count on that.
CHAIRMAN FIALA: Okay. Any further discussion?
(No response.)
CHAIRMAN FIALA: Do you need a motion from us, David?
MR. WEIGEL: No, I don't. I think that your verbal indications
are fine.
And then if I may, I'll just move to the other part of staff
communication and be finished.
CHAIRMAN FIALA: While we're on that subject --
MR. WEIGEL: Okay.
Item #15B
COMMISSIONER'S DISCUSSION REGARDING THE FALSE
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November 30, 2004
RUMOR THAT YOUTH RELATED DEPUTIES WERE BEING
CHAIRMAN FIALA: -- might I just add, I had just gotten a
phone call last evening from somebody from East Naples Middle
School, and they were told over at the middle school that the
commissioners have decided to eliminate all the YRDs in the school
system, and I just feel that -- I'm sorry, but those are scare tactics, and
that's not the way to go. They were already--
COMMISSIONER HENNING: I received similar things.
CHAIRMAN FIALA: You did?
COMMISSIONER HENNING: Yes, and emails. And politics
within a budget policy is just uncalled for.
COMMISSIONER COLETTA: Totally, totally.
CHAIRMAN FIALA: I just think that's just awful. And I tried
to say as gently as I could to this person, at $104 million last year, all
the YRDs were in the schools. We're giving him $120 million this
year. Why would that eliminate the YRDs? But I was very
disappointed to see something like that taking place.
MR. MUDD: YRDs are youth relations deputies; is that correct?
CHAIRMAN FIALA: Yes, sir, they are. I'm sorry. I shouldn't
have used the code. Okay. And I just wanted to say on the record, in
case any parents do look into this, you know, we're not eliminating
anything. It was already in their budget from last year to pay for all
the YRDs, plus we're giving him another 16 million. So I just -- I just
want to go on the record as saying that's false.
COMMISSIONER HALAS: Good for you.
CHAIRMAN FIALA: Okay. David, second.
Item #15C
A REQUEST BY THE GUADALUPE CHURCH IN IMMOKALEE
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November 30, 2004
TO HOLD A FESTIVAL AT THE IMMOKALEE AIRPORT ON
DECEMB.ERJ~, 2004 - A 1œROVED
MR. WEIGEL: Okay, thanks.
Mr. John Norman had approached me yesterday afternoon to
indicate that a group, the Guadalupe group or church in Immokalee is
looking to have a carnival or festival at the Immokalee Airport
Authority grounds on December 13th, which is prior to your next
board meeting.
And I have worked with him previously, at least two or three
times previously on similar types of events that are not coming to the
board more than 60 days in advance, but they have adhered to -- every
step of the way to the festival and carnival permitting requirements
that provide for security, fire marshal review, and the insurance.
They already have an agreement with the Airport Authority that
has formally approval them to be there, and so I would be asking for
you, again, if you would accept the county attorney to work with Mr.
Norman in that group to assure that everything is in place for a
successful event on December 13th.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Good.
MR. WEIGEL: Thank you.
Item #15D
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'^----,.'
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November 30,2004
DAVID WEIGEL TO ATTEND THE FLORIDA ASSOCIATION
Lastly, I'll be at the Florida Association of Counties conference
in Sarasota, leaving shortly, I believe, and look forward to bring back
any message from the attorney standpoint to you that may be there,
and any of you that are there, look forward to working with you, too.
CHAIRMAN FIALA: Thank you, David.
Jim?
Item #15E
DISCUSSION OF THE "CREW" LETTER SENT TO THE
MR. MUDD: Commissioner, just one piece, just in case we don't
(sic) forget this.
You had sent a letter to the acquisition and restoration council
that had to do with CREW because of the A list, and you sent it and it
wasn't real clear, but we said we'd bring it up during -- and this is the
only thing I have, so if you want to take it from here, that would be
great.
CHAIRMAN FIALA: Right. When -- there's a list of what they
want to buy first and then what they'll buy second, and the CREW has
always been on the A list, but they moved them to the B list, and the
reason is, they say that they only want to have on the A list those lands
which are immediately known as wetlands.
All the surrounding areas that would protect those wetlands they
moved to the B list, but that doesn't do very much to help the A list, or
to the wetlands, if you don't protect the surrounding areas.
And so what we've asked is for them to just be put back on to the
A list. I understand there's quite an uprising, and we had some very
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November 30, 2004
nice comments from the commissioners in Lee County who were very
familiar with that, and they also have requested the same thing. And
nobody seems to be against it, by the way. I think they just decided
that there was a new way of calculating things, and it isn't work very
well.
MR. MUDD: And you sent a letter on behalf of the Board of
County Commissioners. You wanted to make sure that the board
knew that and the fact that you had discussed it before, but you hadn't
discussed this particular item and it was time sensitive.
CHAIRMAN FIALA: Yes. And thank you for pointing that out.
I didn't have the right words to discuss it, and so I didn't explain it
very clearly. And now I -- I don't know how much more clear this is,
but at least it's a little bit.
MR. MUDD: Well, the real question is, does anybody on the
board object to the chair sending that letter at this time?
COMMISSIONER HALAS: No.
COMMISSIONER COLETTA: No.
MR. MUDD: I didn't think there would be, but we wanted to
make sure that we brought it up so that you knew.
CHAIRMAN FIALA: Thank you.
MR. MUDD: That's all I have, ma'am.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: (Shakes head.)
CHAIRMAN FIALA: Commissioner Halas?
Item #15F
COMMISSIONER HALAS: I'd just like to say that too bad that
Commissioner Coyle isn't here today, because I'd like to commend the
fact that this past weekend I went down to Bayshore and observed the
Page 106
November 30, 2004
street fair there, and I can tell you -- and I know, Commissioner Fiala,
that you're very much involved with Bayshore.
And I was very, very much impressed with the street fair, and it
was very upscale. In fact, I thought some of the displays were even
better than some of the stuff that we see on 5th Avenue. And I really
like the ambiance there where it was placed on the bridge.
I know there was some -- there was some information that was
printed in the -- our paper where some people are very upset, but I
think overall, for the amount of attendance there, I think it offset the __
probably a lot of the problems that the people there had. But I just
wanted to say it was a very well-done fair.
CHAIRMAN FIALA: Thank you. I know that Richard Sullivan
will be happy to hear that.
Jim?
COMMISSIONER COLETTA: Yes.
CHAIRMAN FIALA: Commissioner Coletta, I mean.
Item #15G
COMMISSIONER COLETTA'S CONCERN WITH REFERENCE
TO ITEM #10B REGARDING THE SIX-LANING OF SANTA
BARBARA BOULEVARD: MOTION TO RECONSIDER ITEM
#10B -APPROVED; CONTINUE TO ACQUIRE LAND
NECESSARY FOR SIX-LANING FROM GREEN BLVD. TO
DAVIS AND PROPOSE TO BRING BACK AT A FUTURE DATE
THE ACQUISITION AND CONDEMNATION OF RIGHT-OF-
WAYS FOR SIX-LANING OF GREEN BLVD. TO PINE RIDGE
ROAD - A~OVED
COMMISSIONER COLETTA: Thank you, Commissioner
Fiala. I appreciate your -- Donna.
If I may, and this will take a few minutes. I'd like to call Norm
Page 107
November 30, 2004
Feder up to the podium for a second. I'm really troubled by an earlier
decision that we made, and I'm wrestling with it, and I'd like to bring it
up, and I'd like to ask some questions of Mr. Feder and then get some
feedback from my fellow commissioners.
The Santa -- on item number lOB, having to do with the
right-of-way for Santa Barbara. I heard the questions that came to you
earlier, Mr. Feder, and the answers we got back were kind of evasive
-- politically correct, let me put it that way.
You're an employee at will. I can understand how you try to
make everything fit into place and make everybody happy to a degree.
In light of the fact that we know that we're going to need
six -laning of many roads in Collier County and to put it off as a
political expedient measure is not always the right thing to do. When
it came time for 951 early on, we made that commitment, six-lane.
When it came to Immokalee Road, we went from four- to
six -lane before we got to the point where it was going to cost a lot of
money for redesign and everything.
So now we're sitting with a section of Santa Barbara where we're
political {} restraint (sic) to be able to take it down to four lanes in a
six -lane footprint with the idea that eventually some commission will
move on the fact that the residents in the -- and the community at large
is going to be complaining over the lack of the road-carrying capacity,
come back to the commission, and then we'll have to tear everything
up again and redo it at a considerable expense.
In light of this -- and open yourself up to a true statement. Tell
us what we should do that would be the right thing to do. I really
would like to see this thing brought back for consideration.
Mr. Feder, please, help us with this.
MR. FEDER: Okay. Commissioner, for the record, Norman
Feder, transportation administrator.
What I told you when I brought this issue to you probably two
years ago is the statement I'll make right now, and that is, we should
Page 108
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November 30, 2004
be six -laning Santa Barbara.
What I will tell you is that we went to a lot of process, and that
was my answer back to you. If you asked me my recommendation, it
would be that you continue as you did today with the condemnation
resolution, that this board instruct us to develop a resolution for the
balance of the six-laning right-of-way from Green up to Pine Ridge.
That would give the opportunity for the community, once again, to
come in, express their issues.
I think you'd at least then preserve the right-of-way for the future
for six-laning. That doesn't mean you necessarily need to construct
six lanes today. Just as we stand right now on construction, we're not
scheduled to go more than four lanes within a six-lane right-of-way
between Golden Gate and Green.
However, that would allow some time while we're finishing up
those plans to evaluate traffic within the corridor. Will you need
eventually six lanes there? Yes. Should are probably buy the
right-of-way today rather than wait? Yes. Do you need to construct
immediately six lanes? Possibly not.
COMMISSIONER COLETTA: Okay. Mr. Feder, let me try it
this way. When are we going to be building a four-lane road if we
kept everything on the status quo?
MR. FEDER: We'd be about a year out before we go to
construction.
COMMISSIONER COLETTA: Okay. Isn't it true that it would
be a lot cheaper for the design purposes and construction purposes if
we were to build a six -lane road now rather than put it off another
five, six years?
MR. FEDER: Very definitely. That's the argument I made to
you on Livingston Road and on other facilities, so yes. That's the
argument I've made in the past.
COMMISSIONER COLETTA: So what would be the advantage
of putting this off as far as six-laning it now rather than sometime in
Page 109
^..-----
November 30, 2004
the future?
MR. FEDER: It is not my initial recommendation. It hasn't been
on other facilities. The only issue is the other issues that were raised
and were considered by this board previously.
But in answer to your question, purely from a transportation
standpoint, it would not be to the advantage.
COMMISSIONER COLETTA: Okay. In light of that, what
would be the correct action for us to take to be able to make sure this
can go forward and the community can have its day before us to be
able to discuss this at greater length? What would be the right action
to take? Would it be to, at this point in time, ask staff to -- direct staff
to bring this back to us, or is this something through a different
process that we can get there?
MR. FEDER: Given that this is probably a change in direction
from prior discussions, I think that probably if the direction's there for
us to come back to you with a resolution for the balance of six-laning
up to Pine Ridge, we could bring that back in January. That would be
time for also the issue to be vetted with the community, and then the
board to then weigh all the issues once again and make that decision
as they may want to make it.
COMMISSIONER COLETTA: Well, I'm one that's going to say
I'd like to see it come back in January to be able to look it and be able
to make the right decision at that time.
COMMISSIONER HENNING: The action that we took
previous, do we need to revote on that?
MR. FEDER: No, no.
COMMISSIONER HENNING: Let our --
MR. FEDER: Okay.
COMMISSIONER HENNING: -- legal counsel tell us what we
need to do.
MR. WEIGEL: Yeah. The question, reconsideration or not,
comes up from time to time if the board is going to be entertaining
Page 110
November 30, 2004
that's something different.
Now, the board's vote earlier today was, in fact, conclusory and
gave direction to transportation. By virtue of the fact that you're
bringing this matter up during the same meeting that the matter was
voted upon, if you wish to -- and it may clear the record more to do so
-- you may, in fact, entertain a motion to reconsider at this meeting.
If that motion has a second and then is approved, the matter you
voted on before comes up for reconsideration and you can vote to do
however you wish to {SP} finesse that, just give the staff a direction
through that item that was heard today to come back at some time in
the future. And I think that'd be my recommendation if you wish to
try change what you've done earlier today.
COMMISSIONER HENNING: Maybe the item should come
back at two different things, what Mr. Feder's talking about now, a
different direction, and the action that we took today. On the same
agenda, two different discussions, or -- and see where it goes from
there.
MR. WEIGEL: You could. And if I understand correctly -- or
you understand me -- I'm thinking that you could do the motion to
reconsider, and if that motion is approved, then at that point the next
motion made is exactly what you have in mind.
COMMISSIONER HENNING: Okay. I understand.
CHAIRMAN FIALA: Okay. Commissioner Halas?
COMMISSIONER HALAS: Well, I was just going to ask, since
I believe this is in Commissioner Henning's area, what's your feelings
on this?
COMMISSIONER HENNING: Well, of course, Commissioner
Halas, I believe that you were here when this whole issue came up --
COMMISSIONER HALAS: I was.
COMMISSIONER HENNING: -- and we had citizens
participate in this. What I hear is that we made a political decision
instead of what's best for the whole community.
Page III
November 30, 2004
My feeling is, since it is going to be on a future agenda, I think
it's the proper thing to do to consider, you know, what's best for the
whole community or we're going to make this, essentially, politically,
{} constraint (sic) in some effects. I will vote for the motion if there is
a motion to reconsider, because I know it will come back for the
public to comment on it.
COMMISSIONER COLETTA: I'll make a motion for
reconsideration.
COMMISSIONER HALAS: And I'll second that.
CHAIRMAN FIALA: Okay. I have a motion on the floor from
Commissioner Coletta to reconsider and a second by Commissioner
Halas.
Any further discussion?
MR. WEIGEL: Could we, for the record -- pardon me -- indicate
the agenda item number?
COMMISSIONER COLETTA: lOB.
MR. WEIGEL: Thank you.
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: 4-0. Okay.
MR. FEDER: Madam Chairman, if I could. Again, for the
record, Norman Feder, transportation administrator.
The action that you are now reconsidering was providing for the
acquisition of six lanes of right-of-way from Davis up to Green, so we
would seek that we continue to move on that to keep the proj ect
movIng.
COMMISSIONER HALAS: Exactly.
Page 112
November 30, 2004
MR. FEDER: I believe what I'm hearing, the question is, do we
bring back to you the prospects of looking at acquisition of six-lane
right-of-way as well between Green and Pine Ridge.
And we would see that as hopefully an independent item of
action, I believe, as I think I heard Commissioner Henning referring
earlier, such that we would be able to continue our efforts at least
between Davis and Green as was previously determined.
COMMISSIONER HENNING: Okay. That wasn't my
understanding, so --
CHAIRMAN FIALA: Me neither.
COMMISSIONER HENNING: -- we probably need to revote on
there if that assists you on moving forward.
My understanding is, is to bring back both the action that we did
today and what Mr. Feder is recommending all the way to Pine Ridge.
So do we need to reconsider our reconsideration?
COMMISSIONER COLETTA: No.
MR. WEIGEL: No.
CHAIRMAN FIALA: And what --
MR. WEIGEL: No, I don't think so.
CHAIRMAN FIALA: You brought this up originally. Tell us
what you were wanting to -- for us to vote on.
COMMISSIONER COLETTA: Well, of course, I'm looking for
direction from the commissioner of that district, but what I'm looking
for is that we recognize that that length of road, the section of the road
going right on through to Pine Ridge itself would be six-laned.
CHAIRMAN FIALA: In other words, what you're saying is, that
you wanted to six-lane the whole thing right off the bat, and what you
want to do is reconsider our previous motion to -- instead of just
buying right-of-way for a six-lane footprint, you're saying six-lane it
period, right?
COMMISSIONER COLETTA: Six-lane it, right.
CHAIRMAN FIALA: That's the way I understood it.
Page 113
November 30, 2004
COMMISSIONER HALAS: But I un -- I also think we need to
stay on the track whereby what we voted on the first time when this
was brought up today, and that was we gave direction to the
transportation department to go out and acquire the land necessary for
a six-lane, which has already been approved about the six lanes from
Golden Gate Parkway all the way up to Green; am I --
CHAIRMAN FIALA: Yeah.
COMMISSIONER HALAS: -- correct? Or Green all the way
down.
MR. FEDER: All the way down to Davis.
COMMISSIONER HALAS: To Golden Gate, okay.
MR. FEDER: To Davis, Commissioner.
CHAIRMAN FIALA: To Davis.
COMMISSIONER HALAS: To Davis, all right.
And what we're discussing now is looking at or bringing back a
matter that was voted at some point in time by this commission, I
believe a year or so ago, and that is that we constraint -- at this point in
time there's a constraint on the road north -- going from Green north to
Pine Ridge.
And I think that's where Commissioner Coletta is saying that in
order to benefit everybody in Collier County in regards to the road,
that we ought to come back -- look at that -- that issue of widening the
road or obtaining the necessary land needed to make that road six
lanes from Green to Pine Ridge.
COMMISSIONER COLETTA: That's clear. Now help me put it
into a motion would be very much appreciated.
CHAIRMAN FIALA: Can you remotion, David, or do --
COMMISSIONER COLETTA: No--
CHAIRMAN FIALA: -- add to the motion or what?
COMMISSIONER COLETTA: Well, we haven't made a motion
yet.
COMMISSIONER HALAS: We haven't gotten -- what we --
Page 114
.".~ .", . .. .,
November 30, 2004
CHAIRMAN FIALA: We already motioned and seconded and
voted.
COMMISSIONER COLETTA: That was to bring this back right
now for consideration during the meeting itself. N ow we have to
address the new motion.
CHAIRMAN FIALA: David?
MR. WEIGEL: You have a clean slate on this item if you wish
to exercise it that way.
CHAIRMAN FIALA: Okay.
MR. WEIGEL: And you can either redo what you've already
done or redo it with some additions or do something different.
COMMISSIONER HALAS: Basically that's what I thought we
just voted on here 10 minutes ago. Obviously that's not clear in my
mind or in some of my fellow commissioners' minds exactly what we
really voted on the second time around; am I right?
MR. WEIGEL: No. The second time around was merely a
procedural mechanism to reconsider, and you voted yes --
COMMISSIONER HALAS: Okay, we reconsidered.
MR. WEIGEL: -- to reconsider. So you've opened the door to
do something.
COMMISSIONER COLETTA: Now we go up, down, add to it
subtract to it.
COMMISSIONER HENNING: Oh, I see. I got it straight in my
mind.
What's on your mind, Commissioner Halas?
Motion's open to --
COMMISSIONER HALAS: Okay.
COMMISSIONER HENNING: And I think the direction -- the
motion should be -- you know, we need to --
COMMISSIONER HALAS: Acquire the land.
COMMISSIONER HENNING: -- bring back at a future date the
six-laning of -- from Green Boulevard to Pine Ridge, and the board
Page 115
November 30, 2004
already gave the condemnation right from Green Boulevard south.
COMMISSIONER HALAS: That's right.
COMMISSIONER COLETTA: Well, that would have to be
added back to the motion again.
MR. WEIGEL: I think it was acquisition right. I don't think we
were talking condemnation at this point in time.
MR. FEDER: It is condemnation.
MR. WEIGEL: It is? Okay, thank you.
CHAIRMAN FIALA: But you were also talking about actually
six-laning besides just acquiring the property; weren't you?
COMMISSIONER COLETTA: Right. But I mean, to get the
process going again so we can have the public input.
COMMISSIONER HENNING: Right.
CHAIRMAN FIALA: Okay.
COMMISSIONER COLETTA: Yeah. That's what
Commissioner Henning's looking for, public input.
CHAIRMAN FIALA: So let's make -- let's make the motion as
clearly as we can so everybody understands what we're saying,
including us.
COMMISSIONER HENNING: Mr. Feder can help us out.
MR. FEDER: Madam Chairman, if I could, just to clarify, and I
think it's consistent, but just to get it on the record, first of all, if I
understand what was just proposed in the motion, everything that you
went through and that you considered under a condemnation
resolution that was brought to you under item 1 DB --
CHAIRMAN FIALA: B.
MR. FEDER: -- is being reaffirmed in this motion.
COMMISSIONER COLETTA: And in addition.
COMMISSIONER HENNING: Correct.
MR. FEDER: What is being added under the reconsideration is
that we come back to you, probably at a January board meeting, with
consideration of acquisition of the right-of-way for six-lane possibility
Page 116
November 30, 2004
from Green up to Pine Ridge, which is not in lOB that exists today.
So you are taking action on lOB, reaffirming your consideration
of all the issues relative to the condemnation resolution and adding a
request for staff to bring back to you for consideration the
right-of-way for six-laning from Green up to Pine Ridge.
COMMISSIONER COLETTA: I couldn't have said it better
myself. I put that in the form of a motion at this time.
COMMISSIONER HALAS: And I'll second that.
CHAIRMAN FIALA: Okay. We have a motion on the floor,
that I would never be able to repeat and a -- by Commissioner Coletta,
and second by Commissioner Halas.
Do you have the motion pretty clearly there, our court reporter?
Okay, fine.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: 4-0.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN FIALA: Boy, you brought up an interesting topic,
didn't you?
COMMISSIONER COLETTA: Every once in a while,
something tugs at the strings of my heart and I've got to get moving on
it.
CHAIRMAN FIALA: Anything else that you have tugging?
COMMISSIONER COLETTA: No, I'm worn out.
CHAIRMAN FIALA: Okay. Any I just want to say I hope
Page 11 7
November 30, 2004
everybody had a very happy Thanksgiving, and I have no -- oh, I did
have a comment, but I -- I have no comments.
Meeting adjourned.
***** Commissioner Henning moved, seconded by Commissioner
Halas and carried unanimously, that the following items under the
Consent and Summary Agenda be approved and/or adopted: *****
Item #16Al
RESOLUTION 2004-357: GRANTING TWO (2) SEPARATE
CERTIFICATES THAT AUTHORIZE THE AVE MARIA UTILITY
COMPANY, LLLP, TO PROVIDE WATER AND WASTEWATER
SERVICE IN SPECIFIED AREAS OF THE UNINCORPORATED
COLLIER COUNTY, AS RECOMMENDED BY THE COLLIER
COUNTY WATER AND WASTEWATER AUTHORITY -AS
Item #16A2
CP-2004-11: REGARDING PETITION CARNY-2004-AR-6727,
SANDRA RAMOS, PROGRAM LEADER, COLLIER COUNTY
PARKS AND RECREATION REQUESTING A PERMIT TO
CONDUCT THE 11TH ANNUAL CHRISTMAS AROUND THE
WORLD CARNIVAL ON DECEMBER 10, 11, AND 12, 2004 AT
THE IMMOKALEE SPORTS COMPLEX LOCATED AT 505
ESCAMBIA STREET, IMMOKALEE, FLORIDA - W/W AIVER OF
Item #16A3
AN INTERIM MANAGEMENT PLAN FOR THE AMERICA'S
Page 118
"··,'_·,,',,__w·......~,,;~""·_'
November 30, 2004
BUSINESS PARK PROPERTY UNDER THE CONSERVATION
COLLIER LAND ACQUISITION PROGRAM - AS DETAILED IN
Item #16A4
AN INTERIM MANAGEMENT PLAN FOR THE OTTER MOUND
PRESERVE PROPERTY UNDER THE CONSERVATION
COLLIER LAND ACQUISITION PROGRAM - AS DETAILED IN
Item #16A5
A RECOMMENDATION FOR THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY TO DIRECT STAFF
TO INITIATE A REZONE OF PROPERTIES IN THE VILLAGE OF
COPELAND/LEE CYPRESS FROM CON-ACSC/ST TO VR-
ACSC/ST TO ALLOW FOR IMPLEMENTATION OF ACTIVITIES
APPROVED FOR IMPLEMENTATION OF ACTIVITIES
APPROVED FOR COPELAND IN THE FISCAL YEAR 2004-2005
COLLIER COUNTY DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) ONE-YEAR ACTION PLAN, USING
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND
Item #16A6
THE APPLICATION FOR THE PROPERTY TAX STIMULUS
PROGRAM AND THE JOB CREATION INVESTMENT
PROGRAM BY TAYLOR ELEVATOR CORPORATION - AS
Page 119
November 30, 2004
Item #16A7
REQUESTS FOR IMPACT FEE REIMBURSEMENTS TO
OWNERS OF SPECIFIED LOTS WITHIN IMPERIAL
WILDERNESS RV RESORT AS A RESULT OF
OVERPAYMENTS BETWEEN THE YEARS OF 1989 TO 2000, TO
ESTABLISH A TIME PERIOD FOR FUTURE REQUESTS FOR
REIMBURSEMENTS TO BE FILED AND DIRECT STAFF TO
PURSUE COLLECTION OF ANY UNDERPAID IMPACT FEES
Item #16A8
SATISFACTION OF LIEN FOR CODE ENFORCEMENT
NUISANCE ABATEMENT LIENS THAT HAVE BEEN PAID IN
FULL, BONNIE FENTON, 03-405, V ARNVILLE CORP., 99-95
V ARNVILLE CORP., 98-325 V ARNVILLE CORP., 98-326
SCHUMACHER, 03-408, BATON ROUGE LLC, 04-124, MURRAY
BATSON, 03-003 ARNA Y KAUFMAN, 01-333, HORSE CREEK
PARTNERS, LTD. 04-135, 04-136, 04-137, 04-138, 04-139, 04-140,
04-141, AND 04-142 - AS DETAILED IN THE EXECUTIVE
SllMMARY
Item #16B1
A DECLARATION SETTING ASIDE COUNTY-OWNED LANDS
FOR THE SANTA BARBARA BOULEVARD ROADWAY,
SIDEWALK AND UTILITY FACILITIES PROJECT NO. 62081
.(EJSCALIMPACL$J R :';0)
Item #16B2
Page 120
November 30, 2004
A WAIVER OF THE PRICE INCREASE PORTION OF BID #04-
3599 "TRAFFIC SIGN MATERIALS AND RELATED ITEMS"
AND AUTHORIZE THE PURCHASING DEPARTMENT TO
APPROVE REQUESTED PRICE INCREASES FOR CERTAIN
MATERIALS ON THE BID, DUE TO SHORTAGES OF RAW
MAIERIAr ,S, AS NECESSARY
Item #16B3
EXECUTE AN AGREEMENT BETWEEN COLLIER COUNTY
AND THE COMMISSION FOR THE TRANSPORTATION
DISADVANTAGED FOR FUNDS IN THE AMOUNT OF $514,259
FOR THE PROVISION OF TRANSPORTATION FOR QUALIFIED
MEDICAID RECIPIENTS - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16B4
ADOPT-A-ROAD AGREEMENTS (3) FOR THE FOLLOWING:
THE CITIZENS ASSOCIATION OF BONITA BEACH,
DOWNING-FRYE REALTY AND BRYNWOOD CORPORATION
Item #16B5
RESCIND PRIOR BOARD APPROVAL OF CONTEMPORARY
CONTROLS & COMMUNICATIONS, INC. AS THE SOLE
DISTRIBUTOR OF MOTOROLA IRRIGATION SYSTEMS,
MAINTAIN MOTOROLA AS THE SOLE SOURCE FOR THE
AUTOMATED CENTRAL CONTROL IRRIGATION SYSTEM,
AND TO AUTHORIZE THE ISSUANCE OF A COMPETITIVE
BID IN ORDER TO ATTRACT MULTIPLE VENDORS OF
Page 121
November 30, 2004
Item #16B6
AWARD OF BID #04-3649 COLLIER COUNTY LANDSCAPE
BEAUTIFICATION MASTER PLAN-GOLDEN GATE BLVD.
MEDIAN LANDSCAPE IMPROVEMENT CONSTRUCTION
PROJECT TO HANNULA LANDSCAPING, INC., IN THE
AMOUNT OF $366,987.36 - AS DETAILED IN THE EXECUTIVE
SUMMARy
Item #16B7
THE PURCHASE OF THREE (3) BAT WING MOWER DECKS
FROM CREEL TRACTOR COMPANY IN THE AMOUNT OF
$42,002.58 IN ACCORDANCE WITH STATE BID CONTRACT
#7()~-900-04dlJ
Item #16B8
THE PURCHASE OF ONE (1) 4,000-GALLON WATER TRUCK
IN ACCORDANCE WITH BID #05-3732 FROM WALLACE
Item #16B9
THE PURCHASE OF THREE (3) 20-CY DIESEL POWERED
DUMP TRUCKS IN ACCORDANCE WITH BID #05-3731 FROM
WALLACE INTERNATIONAL TRUCKS IN THE AMOUNT OF
$271,()7~.OO
Item #16B10
Page 122
....._--"'''',_.-'''~.'~
November 30, 2004
THE PIGGYBACKING OF THE CITY OF FORT LAUDERDALE
BID #242-9077 FOR THE PURCHASE OF A TRUCK MOUNTED
STORM/SEWER CLEANING MACHINE FROM
ENVIRONMENTAL PRODUCTS OF FLORIDA IN THE
AMOI.JJSIT..OE-21 n,64 i 10
Item #16B11
THE PIGGYBACKING OF CHARLOTTE COUNTY BID
#2004000184 FOR THE PURCHASE OF A MENZI MUCK A91
4X4 DITCH CLEANING MACHINE FROM MENZI SALES USA
Item #16C1
THE SATISFACTIONS OF NOTICE OF CLAIM OF LIEN FOR
SANITARY SEWER SYSTEMS IMPACT FEE - FISCAL IMPACT
Item #16C2
RESOLUTION 2004-358: SATISFACTION OF LIEN FOR A
SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE
COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS
SATISFIED IN FULL FOR THE 1993 SOLID WASTE
COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENT - FISCAL IMPACT IS $20.00 TO RECORD THE
SAIISF ACII.ON..OELIEN
Item #16C3
RESOLUTION 2004-359: SATISFACTION OF LIEN FOR A
Page 123
November 30, 2004
SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE
COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS
SATISFIED IN FULL FOR THE 1994 SOLID WASTE
COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENT - FISCAL IMPACT IS $20.00 TO RECORD THE
SAIISF A cTIillLQE.LIEN
Item #16C4
RESOLUTION 2004-360: SATISFACTION OF LIEN FOR A
SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE
COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS
SATISFIED IN FULL FOR THE 1995 SOLID WASTE
COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENTS - FISCAL IMPACT IS $70.00 TO RECORD THE
SAIISF ACTIONS OELI.EN
Item #16C5
RESOLUTION 2004-361: SATISFACTION OF LIEN FORA
SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE
COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS
SATISFIED IN FULL FOR THE 1996 SOLID WASTE
COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENTS - FISCAL IMPACT IS $20.00 TO RECORD THE
SAIISF A cTIillLQE.LIEN
Item #16C6
AMENDMENT NO.2 TO CONTRACT #03-3517 WITH GREELEY
AND HANSEN LLC FOR "PROFESSIONAL ENGINEERING
SERVICES FOR WATER MAIN PROJECTS" IN THE AMOUNT
Page 124
~ 1 ,,~_·_A_ ^~--
November 30, 2004
OF $81,332 - AS DETAILED IN THE EXECUTIVE SUMMARY
.(EROlECTS 70 l5J, 7QJ ~2, AND 70J ~1)
Item #16C7
RESOLUTION 2004-362: ESTABLISHES A BIO-SOLIDS POLICY
WHEREBY THE COLLIER COUNTY WATER-SEWER DISTRICT
WILL PROMOTE AND PRACTICE THE BENEFICIAL USE OF
BIO-SOLIDS AND THE REUSE/RECYCLING OF RESOURCES
IN ACCORDANCE WITH THE PRINCIPLES OF CONDUCT SET
FORTH IN THE NATIONAL BIO-SOLIDS PARTNERSHIP'S
CODE.DF GOO~ACTI.CF,
Item #16D1 - Moved to Item #10D
Item #16E1
REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS
AND CHANGES TO WORK ORDERS TO BOARD-APPROVED
CONTRACTS FOR THE PERIOD OF OCTOBER 1, 2004
IHROI1GH OCTOBER 29, 2004
Item #16E2
PROPERTY, CASUALTY, WORKERS COMPENSATION AND
SUBROGATION CLAIMS SETTLED UNDER THE AUTHORITY
OF THE RISK MANAGEMENT DIRECTOR DURING THE
FOURTH QUARTER OF FY 04 - AS DETAILED IN THE
Item # 16E3
Page 125
November 30,2004
TO AWARD BID #05-3745, "FILTERS FOR FLEET" FOR
MAINTAINING COUNTY VEHICLES AND EQUIPMENT TO
BUMPER-TO-BUMPER PARTS DEPOT COMPANY, INC. AS
THE PRIMARY VENDOR AND AWARD SAM GALLOWAY
FORD AND BONITA AUTO SUPPLY, INC. AS THE
SECONDARY VENDOR FOR A TWO-YEAR FILTER
CONTRACT, WITH RENEWAL OPTIONS FOR AN
AIIDIIIONAL.-TWO YEARS
Item #16E4
AWARD RFP #04-3712 "SECURITY SERVICES" (INITIAL
YEARL Y VALUE $300,000) TO W ACKENHUT CORPORATION
FOR COURTHOUSE AND GOVERNMENT SECURITY
SERVICES FOR A CONTRACT PERIOD OF FOUR YEARS - AS
Item #16E5
RESOLUTION 2004-363: THE DONATION OF SURPLUS
COLLIER COUNTY LAW LIBRARY BOOKS TO THE DISTRICT
Item #16F1- Moved to Item #10E
Item # 16F2
AWARD BID #05-3737 IN THE AMOUNT OF $51,050.00 TO
FURNISH/INST ALL LIVE OAK TREES IN PELICAN BAY TO
Item #16F3
Page 126
November 30,2004
A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
FOR THE COLLIER COUNTY EMERGENCY MEDICAL
SERVICES DEPARTMENT - AS DETAILED IN THE
Item #16F4
TWO (2) DISASTER RELIEF FUNDING AGREEMENTS
BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS AND COLLIER COUNTY FOR REIMBURSEMENT OF
ELIGIBLE DISASTER RELATED EXPENSES INCURRED IN
RESPONSE TO HURRICANE CHARLEY AND HURRICANE
Item #16H1
COMMISSIONER COLETTA REQUESTS BOARD APPROVAL
FOR PAYMENT FOR HAVING ATTENDED THE EDC'S
POLAND TRADE MISSION DINNER ON NOVEMBER 10, 2004
AT VERGINA'S, NAPLES, FLORIDA IN THE AMOUNT OF
$82.68 TO BE PAID FROM COMMISSIONER COLETTA'S
IR A vEL.BIIDGET
Item #16H2
COMMISSIONER FIALA REQUESTS BOARD APPROVAL FOR
PAYMENT FOR HAVING ATTENDED THE EDC'S POLAND
TRADE MISSION DINNER ON NOVEMBER 10, 2004 AT
VERGINA'S, NAPLES, FLORIDA IN THE AMOUNT OF $82.68
TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL
BlIDGET
Page 127
November 30, 2004
Item #16H3
COMMISSIONER FIALA REQUESTS BOARD APPROVAL FOR
REIMBURSEMENT FOR ATTENDING THE SOUTHWEST
REGIONAL DELEGATION FORUM - ISSUES '05, ON
DECEMBER 10,2004, AT FLORIDA GULF COAST UNIVERSITY'
IN THE AMOUNT OF $30.00 TO BE PAID FROM
Item #16H4
COMMISSIONER HALAS REQUESTS BOARD APPROVAL FOR
HAVING ATTENDED THE EDC'S POLAND TRADE MISSION
DINNER ON NOVEMBER 10,2004 AT VERGINA'S, NAPLES,
FLORIDA IN THE AMOUNT OF $82.68 TO BE PAID FROM
Item #16I1
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR
REEERRED -
The following miscellaneous correspondence, as presented by the
Board of County Commissioners, has been directed to the various
departments as indicated:
Page 128
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
November 30, 2004
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. 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 from October 9. 2004 through October 15. 2004.
2. Disbursements from October 16. 2004 through October 22. 2004.
3. Disbursements from October 23.2004 through October 29. 2004.
4. Disbursements from October 30. 2004 through November 5.2004.
B. Districts:
1. Collier County Mosquito Control District - Regular 2004-2005 Meeting
Schedule; Final Annual Certified Budget; and Two maps depicting the
District Boundaries.
2. Pelican Marsh Community Development District - Minutes of the August
18, 2004 Meeting.
C. Minutes:
1. Development Services Advisory Committee - Minutes for October 6,
2004.
a) Budget & Operations Sub-Committee Meeting Minutes for
October 13,2004
2. Collier County Planning Commission - Agenda for October 21, 2004 and
November 4, 2004; Minutes of September 16, 2004, Minutes for
September 22,2004; Minutes of October 4,2004 and October 7, 2004.
3. Historical & Archaeological Preservation Board - Agenda for October 20,
2004; Minutes of September 22, 2004.
4. Environmental Advisory Council- Agenda for November 3, 2004; and
Minutes of September 30, 2004.
H:DatafFormat
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_."_.._..".,,_.._.__"~"W_
5. Collier County Emergency Medical Services Advisory Board - Minutes of
September 29, 2004.
6. Productivity Committee Meeting - Minutes for September 15, 2004.
7. Collier County Citizen's Corps Advisory Committee - Agenda and
Minutes of July 21,2004.
8. Collier County Hispanic Affairs Advisory Board - Minutes of April 22,
2004; May 27, 2004; Unofficial Agenda for June 24, 2004, no quorum;
and Agenda and Minutes for August 26,2004.
9. Parks and Recreation Advisory Board - Agenda for October 20,2004;
Minutes of September 15, 2004.
10. Collier County Contractor's Licensing Board - Agenda for October 20,
2004.
11. Forest Lakes Roadway and Drainage M.S.T.U. - Agenda for November
10, 2004; Minutes of October 13, 2004.
12. lmmokalee Beautification M.S.T.U. Advisory Board -Unofficial Minutes
of October 20, 2004 due to lack of quorum.
13. Conservation Collier Land Acquisition Advisorv Board - Agenda for
November 8, 2004; Minutes of October 11, 2004.
14. Isles of Capri Fire and Rescue Advisory Board - Agenda and Minutes of
December 8, 2003; January 5, 2004; January 29, 2004; Merger Meeting
minutes for November 21,2003, December 1,2003 and December 22,
2003. Regular Minutes for March 4,2004; March 23, 2004; April 1, 2004;
and July 1, 2004.
15. Coastal Advisory Committee Minutes - Minutes of September 8, 2004.
16. Collier County Airport Authority - Minutes of September 27, 2004;
Minutes of September 22, 2004; October 8, 2004; and October 18, 2004.
17. Collier County Library Advisory Board - Agenda for October 27, 2004.
18. Vanderbilt Beach M.S. T.U. Advisory Committee - Agenda for November
4,2004; Minutes of October 21,2004.
19. Collier County Pelican Bay Services - Agenda for November 3,2004;
Minutes of October 6, 2004.
a) Clam Bay Sub-Committee Meeting - Minutes of October 6, 2004.
b) Budget Sub-Committee Meeting - October 20, 2004
H:Data/F ormat
""-"......."--
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D. Other:
1) GUY L. Carlton. Collier County Tax Collector - October 25,2004 Form for
the Constitutional Officers. Financial Report Form DBF-AA-405; Combined
Statement and Position Form DBF-AA-402; and Fund Group Form DBF-AA-
403.
2) GUY L. Carlton. Collier County Tax Collector - Budget Amendment /Transfer
for Budget Year ending Sept. 30, 2005.
3) Guy L. Carlton. Collier County Tax Collector -Revised Form October 27,
2004 for the Constitutional Officers. Revised due to errors.
4) GUY L. Carlton. Collier County Tax Collector - Budget Amendment /Transfer
for budget year ending September 30, 2004.
5) Clerk of the Circuit Court - FY 2003-2004 General Fund Update.
6) Caribbean Gardens Blue Ribbon Committee - Minutes for July I, 2004; July
8,2004; Minutes of July 16,2004; Minutes for August 17,2004, and Minutes
of September 10, 2004; and Minutes for October 11, 2004.
7) Dwight Brock. Clerk of the Circuit Court - Letter to Ray Engstrand dated
October 14,2002 re: Account Number 0503578101.
H:Data/Format
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November 30, 2004
Item #16J1
AUTHORIZE THE SUPERVISOR OF ELECTIONS TO ACCEPT
VOTER EDUCATION FUNDS WITH A 15% MATCHING
CONTRIBUTION - AS DETAILED IN THE EXECUTIVE
SUMMARy
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 AUTHORIZE THE EXPENDITURE OF
COUNTY FUNDS TO SATISFY SAID PURCHASES FOR THE
PERIOD OF OCTOBER 30, 2004 THROUGH NOVEMBER 12,
2004
Item #16K1
A STIPULATED FINAL JUDGMENT AS TO PARCEL 115 IN THE
LAWSUIT STYLED COLLIER COUNTY V. TIBURON GOLF
VENTURES, L.P., ET AL., CASE NO. 04-4678-CA (VANDERBILT
BF,ACRROAD-EROlECT ()~051)
Item #16K2
A STIPULATED FINAL JUDGMENT AS TO PARCEL 122 IN THE
LAWSUIT STYLED COLLIER COUNTY V. RICHARD D. LYONS
AS TRUSTEE OF LAND TRUST NO. 11304, ET AL., CASE NO. 04-
Item #16K3
Page 129
""-
.-."..""--",,,,,-"",~-,"
November 30, 2004
A STIPULATED FINAL JUDGMENT AS TO PARCEL 208 IN THE
LAWSUIT STYLED COLLIER COUNTY V. ARMANDO A.
LAMBERT, ET. AL., CASE NO. 02-2132-CA (IMMOKALEE ROAD
PROJECT 60018) - STAFF TO PAY THE SUM OF $8,914.20 TO
THE ROETZEL & ANDRESS TRUST ACCOUNT FOR PROPER
DISBURS.EMENT
Item #16K4 - Moved to Item #12C
Item #17A
RESOLUTION 2004-364: PETITION A VPLA T2004-AR6442 TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND
THE PUBLIC'S INTEREST IN A PORTION OF THE 55 FOOT
WIDE DRAINAGE AND MAINTENANCE EASEMENT
LOCATED ON LOT 41, ACCORDING TO THE PLAT OF "PARK
PLACE WEST" AS RECORDED IN PLAT BOOK 17 , PAGES 32
THROUGH 33, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LOCATED IN SECTION 15, TOWNSHIP 48 SOUTH,
RANGE 2S FAST
Item #17B
RESOLUTION 2004-365: PETITION A VPLAT2004-AR5886 TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND
THE PUBLIC'S INTEREST IN A PORTION OF THE 10 FOOT
WIDE UTILITY EASEMENT LOCATED ALONG THE REAR OF
SITE 52, BLOCK A, ACCORDING TO THE PLAT OF "PELICAN
BAY UNIT ONE" AS RECORDED IN PLAT BOOK 12, PAGES 47
THROUGH 52, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, AND TO ACCEPT A 10 FOOT WIDE RELOCATION
UTILITY EASEMENT, LOCATED IN SECTION 30, TOWNSHIP
Page 130
._._,~,._",,_'.M>~_··'··___ -
November 30, 2004
4RSO~,2()FAST
Item #17C
RESOLUTION 2004-366: PETITION A VPLA T2004-AR6555 TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND
THE PUBLIC'S INTEREST IN A PORTION OF THE 15 FOOT
WIDE DRAINAGE EASEMENT LOCATED ALONG THE REAR
OF LOT 18, ACCORDING TO THE PLAT OF "CASTLEWOOD
AT IMPERIAL" AS RECORDED IN PLAT BOOK 39, PAGES 81
THROUGH 82, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LOCATED IN SECTION 14, TOWNSHIP 48 SOUTH,
RANGE 2S FAST
Item #17D
RESOLUTION 2004-367: PETITION A VPLAT2004-AR6441 TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND
THE PUBLIC'S INTEREST IN A PORTION OF THE 15 FOOT
WIDE LAKE MAINTENANCE EASEMENT LOCATED ON LOT
1, BLOCK D, ACCORDING TO THE PLAT OF "TUSCANY
RESERVE" AS RECORDED IN PLAT BOOK 39, PAGES 88
THROUGH 95, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LOCATED IN SECTION 7, TOWNSHIP 48 SOUTH,
RANGE 2() FAST
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:40 p.m.
Page 131
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November 30, 2004
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECI~ro~~DERITSCONTROL
DONN FIALA, Chairman
ATTEST:
DW¡(jI1TE.,BROCK, CLERK
, ' "" +
. ,
~'~~t;t~:r'~l .O.C
s 1 gl{at~r;é'i '00 1 Y .
These minutes approved by the Board on 1-( 1- d-OöS , as
presented V or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC. BY TERRI LEWIS.
Page 132