BCC Minutes 02/08/2005 R
February 8, 2005
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, February 8, 2005
LET IT BE REMEMBERED, that the Board of County Comissioners,
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:
Fred W. Coyle
Frank Halas
Torn Henning
Donna Fiala
Jim Coletta
ALSO PRESENT:
Jim Mudd, County Manager
David Weigel, County Attorney
Jim Mitchell, Office of the Clerk of Courts
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1IILt
.'
._-=~(
AGENDA
February 8, 2005
9: 00 AM
Fred W. Coyle, Chairman, District 4
Frank Halas, Vice-Chairman, District 2
Donna Fiala, Commissioner, District 1
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 PRESENTATION 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,
1
February 8, 2005
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 11:30 TO 12:30 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
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. January 11, 2005 - BCC/Regular Meeting
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
1) Advisory Committee Service Awards
2) Presentation of the Advisory Committee Outstanding Member Award
to Mark P. Strain
4. PROCLAMATIONS
A. Proclamation to honor the Conservancy for Preserving the Nature of Our
Community. To be accepted by Kathy Prosser, President and CEO of the
Conservancy of Southwest Florida.
2
February 8, 2005
B. Proclamation to designate the week of February 21st through February 26th,
2005 as Marjory Stoneman Douglas Week. To be accepted by Ron Jamro,
Director of the Collier County Museum and Marilyn Matthes, Collier
County Library Director.
5. PRESENTATIONS
6. PUBLIC PETITIONS
A. Public Petition request by James Elson and Herb Luntz to discuss plans for
the Greater Naples-Collier County Independence Day.
Item 7 and 8 to be heard no sooner than 12:30 p.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. Public Hearing to consider the adoption of an Ordinance establishing City
Gate Community Development District (CDD) pursuant to Section 190.005,
Florida Statutes (FS).
9. BOARD OF COUNTY COMMISSIONERS
A. Request Board to set the balloting date for the recommendation of members
to the Pelican Bay MSTBU Advisory Committee by record title owners of
property within Pelican Bay.
B. Appointment of members to the County Government Productivity
Committee.
C. Appointment of member to the Golden Gate Estates Land Trust Committee.
D. Appointment of members to the Health Planning Council of Southwest
Florida, Inc.
E. Appointment of member to the Library Advisory Board.
F. Appointment of member to the Immokalee Enterprise Zone Development
Agency.
3
February 8, 2005
G. This item continued from the Januarv 25. 2005 BCC Meetin2.
Discussion regarding the Pelican Bay Annexation report. (Commissioner
Henning request)
H. Recommendation to extend the terms for two members to the Land
Acquisition Advisory Committee.
I. To reactivate the Public Safety Coordinating Council. (Commissioner Coyle
request)
10. COUNTY MANAGER'S REPORT
A. Recommendation to approve the new contracts that have been negotiated
with Immokalee Disposal Company, Inc. and Waste Management, Inc. of
Florida for solid waste collection services. (Jim DeLony, Administrator,
Public Utilities)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Recommendation for the Board of County Commissioners, Pursuant to
Section 112.313(12), Fla. Stat., to Consider the Request of Collier County
Land Acquisition Advisory Committee Member Ellen Goetz for an
Exemption From Any Potential Conflict of Interest.
B. Recommendation for the Board of County Commissioners, Pursuant to
Section 112.313(12), Fla. Stat., to Consider the Request of Collier County
Land Acquisition Advisory Committee Member Michael Delate for an
Exemption From Any Potential Conflict of Interest.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
------------------------------------------------------------------------------------------------------------
16. CONSENT AGENDA - All matters listed under this item are considered to be
4
February 8, 2005
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
------------------------------------------------------------------------------------------------------------
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of water utility facilities
for Ventanas I at Tiburon (Parcel 7000 Midrise).
2) Recommendation to approve final acceptance of water utility facilities
for Capital Self Storage, Phase.
3) Recommendation to approve final acceptance of water utility facilities
for Montelena at The Vineyards.
4) Recommendation to approve Satisfactions of Lien for Resolution Nos:
2002-070 styled Board of County Commissioners vs. Chinnese M.
Winters; 2003-012 styled Board of County Commissioners vs. Brent
C. and Cynthia A. Walker; 2004-271 styled Board of County
Commissioners vs. Bonnie Fenton; 1998-256 styled Board of County
Commissioners vs. Julio Dominguez Estate and John R. Dominguez,
Personal Representative; 1998-430 styled Board of County
Commissioners vs. Julio Dominguez Estate and John R. Dominguez,
Personal Representative; 1999-023 styled Board of County
Commissioners vs. Julio Dominguez Estate and John R. Dominguez,
Personal Representative; 1999-092 styled Board of County
Commissioners vs. Julio Dominguez Estate and John R. Dominguez,
Personal Representative; 2003-387 styled Board of County
Commissioners vs. John R. Dominguez, Et AI; 2003-392 styled Board
of County Commissioners vs. John R. Dominguez, Et AI; 2004-265
styled Board of County Commissioners vs. John R. Dominguez, Et
AI; 2001-462 styled Board of County Commissioners vs. Julio
Dominguez; 2002-109 styled Board of County Commissioners vs.
Julio Dominguez; 2002-166 styled Board of County Commissioners
vs. Julio Dominguez; 2002-178 styled Board of County
Commissioners vs. Julio Dominguez; 2002-346 styled Board of
County Commissioners vs. Julio Dominguez; 2002-390 styled Board
of County Commissioners vs. Julio Dominguez and 2003-123 styled
Board of County Commissioners vs. Julio Dominguez.
5
February 8, 2005
.-,"-..-.--,-.-,-...---.--
5) Recommendation to approve the Satisfactions of Lien for Code
Enforcement Board Case Nos: 2003021; Board of County
Commissioners vs. Kenneth D. and Leslie K. Carter; 2004-034; Board
of County Commissioners vs. Premise Richard and Rigaud Calixte
and 2003-048; Board of County Commissioners vs. Monika B. Van
Stone.
6) Recommendation to approve the Satisfactions of Lien for Special
Master Case Nos: SO 134902; styled Board of County Commissioners
vs. Cornelius Jackson and CO 2004100411; styled Board of County
Commissioners vs. Larry Saunders.
7) Recommendation to terminate Contract # 03-3504 with Henderson,
Young and Company relative to the Emergency Medical Services
Impact Fee Update Study, waive the formal competition process and
solicit proposals to select a new consultant to update the Emergency
Medical Services Impact Fee (estimated amount not-to-exceed
$40,000).
B. TRANSPORTATION SERVICES
1) Recommendation to approve a budget amendment to modify the
Transportation Services Adopted budget and move all costs that are
shared in the new Transportation Services Building in the amount of
$68,129.70 for FY 05 into one cost center.
2) Recommendation to award bid #05-3750 "Rattlesnake Hammock
Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue)
Roadway Grounds Maintenance" to Ground Zero Landscaping
Services, Inc. in the amount of $30,781.90.
3) Recommendation to approve an agreement for the conveyance of
right-of-way required for the construction of improvements to
Rattlesnake Hammock Road between Polly Avenue and Collier
Boulevard, in exchange for removing the existing entrance and
constructing a new entrance and driveway for the District School
Board of Collier County, Florida's Bus Facility at 6543 Rattlesnake
Hammock Road (Project No. 60169). Estimated Fiscal Impact:
$180,762.00.
6
February 8, 2005
c. PUBLIC UTILITIES
1) Recommendation to approve Satisfactions of Lien documents filed
against real property for abatement of nuisance and direct the Clerk of
Courts to record same in the public records of Collier County, Florida.
Fiscal impact is $30.00 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
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.
3) Recommendation to accept Florida Department of Law Enforcement
Grant in the amount of$100,552 for security improvements
throughout the Collier County Water District.
4) Recommendation to award bid no. 05-3777 - "Purchase & Delivery
of Sulfuric Acid" to Sulfuric Acid Trading Company, Inc. in the
approximate annual amount of $400,000.00.
5) Approve budget amendments to transfer carry forward funds in the
amount of $53,500 from the Solid Waste Department and $85,500
from the Pollution Control Department to fund the final construction
portion of the Office Renovation Project for the Public Utilities
offices on the third floor of Building H.
6) Recommend that the Board of County Commissioners, as Ex-officio
the Governing Board of the Collier County Water-Sewer District,
authorize payment of $72,000.00 to Univar USA Inc. for chemical
purchased (50% Sodium Hydroxide) and used, on blanket Purchase
Order until chemical negotiations were finalized and low bidder
established.
7) Recommendation to execute the Notices of Claim of Lien for the
enforcement of the notice to pay sewer impact fee for certain
properties located in the former Rookery Bay Sewer Service Area.
The fiscal impact is $130.00 to record the Notices of Claim of Lien.
8) Recommendation to award Contract 05-3736R, to Quality Enterprises,
7
February 8, 2005
USA, Inc. in the amount of $257,691, to restore the wetlands at the
South County Water Reclamation Facility, Project 73949.
D. PUBLIC SERVICES
1) Recommendation to designate Collier County Domestic Animal
Services in charge of managing disposition of impounded animals
pursuant to Florida Statute, Chapter 588 and Section 14, Article II,
Code of Laws and Ordinances of Collier County, Florida, between
Collier County and the Collier County Sheriffs Office.
2) Recommendation to approve an entertainment contract for the 7th
Annual Country Jam.
3) Approve deductive Change Order No.4 in the amount of $452,250.80
for direct purchase of materials for the North Naples Regional Park,
Contract No. 01-3189.
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve a Resolution authorizing the Chairman
of the Board of County Commissioners, Collier County, Florida, to
execute Agreements, Deeds, and other documents required for the sale
of GAC Land Trust property during the 2005 Calendar Year.
F. COUNTY MANAGER
1) Approve a Budget Amendment to Recognize and Appropriate
$12,000 of Unanticipated Revenue from the Isles of Capri Fire
District Inspection Fees.
2) Authorization to Remove from the Books and Records of Collier
County Certain Accounts and Their Respective Balances which have
been Previously Recognized and Recorded as Bad Debt Expenses
from October 1, 1995 to September 30, 2003 in the amount of
$13,958,543.57.
3) Recommendation to approve the payment of permit fees to the Florida
Department of Environmental Protection for Marco South Beach
Renourishment, Project 90502, in the amount of $8,690.
8
February 8, 2005
4) Approval of Budget Amendments.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation to approve and execute the impact fee assistance
grant agreement between the Community Redevelopment Agency and
the grant applicant within the Bayshore/Gateway Triangle
Redevelopment Area.
2) Recommendation to approve an extension of the Residential Site
Improvement grant agreement between the Community
Redevelopment Agency and Ms. Mitzie Sheehan, a grant within the
Bayshore/Gateway Triangle Community Redevelopment Area due to
certain construction delays.
3) Recommendation that the Community Redevelopment Agency (CRA)
approve a $131,000 budget amendment from Fund 187
Bayshore/Gateway Triangle Redevelopment Area General Reserves to
Fund 187 Residential Rehab to cover costs associated with the
Redevelopment Area's residential rehabilitation grant program.
4) Recommendation that the Board of County Commissioners waive the
purchasing policy and authorize the hiring of a temporary
employment firm for the Collier County Redevelopment Agency
Bayshore/Gateway Triangle Redevelopment Area, and approve any
and all budget amendments.
5) Recommendation that the Community Redevelopment Agency (CRA)
ratify the Bayshore/Gateway Triangle Redevelopment Area Advisory
Board's decision to use Coastal Staffing Service, Inc. to provide
temporary staffing for the Bayshore/Gateway Triangle
Redevelopment Area office until the CRA ratifies the hiring of the
Redevelopment Area's new executive director; and to transfer all
necessary funds from Fund 187 reserves to a temporary staffing
expense line item to ensure staffing during the period of time without
an executive director.
H. BOARD OF COUNTY COMMISSIONERS
9
February 8, 2005
1) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. She attended the
East Naples Civic Association Annual Banquet Celebration on
January 17,2005 at The Naples Lakes Country Club; $35.00 to be
paid from Commissioner Fiala's travel budget.
2) Commissioner Halas requests Board approval for reimbursement for
attending a function serving a valid public purpose. Commissioner to
attend the 2005 LIFE (Leadership In Fostering Education) award
ceremony at The Registry Resort on February 25,2005; $100.00 to be
paid from Commissioner Halas' travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Items to File for Record with Action as Directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) 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 from
January 8, 2005 to January 21,2005 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, W. Harmon Turner Building, 3301 East Tamiami Trail,
Naples, Florida.
2) The Finance and Accounting Department seeks approval of Budget
Amendments required for the Rebate of Arbitrage on the 1997 Special
Obligation Revenue Bonds and Commercial Paper Loans A-13-1 and
A-14-1.
K. COUNTY ATTORNEY
1) Recommendation to authorize the making of an Offer of Judgment to
Respondents, Ziad Shahla and Heidi Fleer for Parcel No. 146 in the
amount of$18,150.00 in the lawsuit styled Collier County v. Ziad
Shahla, et aI., Case No. 04-600-CA (Vanderbilt Beach Road Project
63051 ).
10
February 8, 2005
2) Recommendation to authorize the making of an Offer of Judgment to
Respondent, Alexander S. Oppliger for Parcel No. 148 in the amount
of$16,180.00 in the lawsuit styled Collier County v. Ziad Shahla, et
aI., Case No. 04-600-CA (Vanderbilt Beach Road Project 63051).
3) Recommendation to authorize the making of an Offer of Judgment to
Respondent, Patricia A. Carter for Parcel No. 149 in the amount of
$18,150.00 in the lawsuit styled Collier County v. Ziad Shahla, et aI.,
Case No. 04-600-CA (Vanderbilt Beach Road Project 63051).
4) Recommendation that the Board authorize an increase of Purchase
Order No. 4500038066, Gerson, Preston, Robinson & Co., P.A.,
expert witnesses and consultants for the County in the lawsuits
entitled Collier County v. Wal-Mart Stores, Inc., et aI., Case No. 04-
3632-CA, and Collier County v. First National Bank, et aI., Case No.
04-3587-CA (Immokalee Rd. Project 66042), for an amount not to
exceed $40,000.00.
5) Recommendation to authorize the making of an Offer of Judgment
pursuant to Section 73.032, Fla. Stat., to Respondent, Helen Valent
("Respondent"), in the amount of$79,465.00, as full compensation,
excepting attorney's fees and costs, for the acquisition arising out of
the condemnation of Parcel No. 157 in Collier County v. Helen
Valent, et aI., Case No. 04-524-CA.
6) Recommendation that the Board of County Commissioners approve
the Stipulated Final Judgment for payment of full compensation for
the taking of Parcels l43A and l43B in the lawsuit styled Collier
County v. The Courtyards at Quail Woods Condominium Assoc., Inc.,
et aI., Case No. 04-3833-CA (Immokalee Rd. Project 66042).
7) Recommendation to approve a Stipulated Final Judgment as to Parcel
200 relative to the simple fee acquisition in the lawsuit styled Collier
County v. Jeffrey A. Richardson, et aI., Case No. 02-2188-CA
(Immokalee Road Project #60018).
8) Recommendation that the Board of County Commissioners Authorize
the County Attorney's Office to Make a Business Damage Offer to
Settle a Claim for Business Damages by B. F. Ft. Myers, Inc. d/b/ a
Wendy's Old Fashioned Hamburgers Restaurants Associated with the
11
February 8, 2005
Acquisition of Parcel 134 in the Lawsuit Styled Collier County v.
First National Bank of Naples., et aI., Case No. 04-3587-CA
(Immokalee Road Project #66042).
9) Recommendation that the Board of County Commissioners approve
the Stipulated Final Judgment for payment of full compensation for
the taking of Parcel 169 in the lawsuit styled Collier County v. Ismael
Gonzales., et aI., Case No. 02-2159-CA (Immokalee Rd. Project
60018).
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. SE-04-AR-6830, an Ordinance amending Ordinance 04-69, the Terafina
Planned Unit Development (PUD) to correct a scrivener's error resulting
from the inclusion of an incorrect zoning map number in the title of the
transmittal copy of the adopted Ordinance sent to the State Department of
Community Affairs for the property located approximately one mile north of
Immokalee Road (CR 846) in Section 16, Township 48 South, Range 26
East, Collier County, Florida.
B. This item reQuires that all participants be sworn in and ex-parte
disclosure be provided bv Commission members. RZ-2004-AR-6209
Collier County Board of County Commissioners, represented by Dwight
Nadeau of R W A, Inc. and Dalas Disney, of Disney and Associates,
requesting a rezone from the E Estates zoning district to the P Public zoning
district to expand upon the current use of repair and storage of vehicles
belonging to the Collier County Board of County Commissioners, and
relocate similar facilities for the Collier County Sheriffs Office and
12
February 8, 2005
Emergency Medical Services on-site. The property, consisting of9.96 acres,
is located at 2901 County Barn Road, Section 8, Township 50 South, Range
26 East, Collier County, Florida.
C. This item requires that all participants be sworn in and Ex Parte
Disclosure be provided bv Commission members. Recommendation to
approve Petition A VPLA T2004-AR6835 to disclaim, renounce and vacate
the County's and the Public's interest in a portion of the 35 foot wide
drainage easement located along the rear of Lots 1 through 19 and Tract B2,
according to the plat of "Santorini Villas at Olde Cypress" as recorded in
Plat Book 34, Pages 47 through 48, Public Records of Collier County,
Florida, located in Section 21, Township 48 South, Range 26 East.
D. This item has been continued indefinitely. SNR-2003-AR-4982, Bill L.
Neal, representing Bayshore Beautification Municipal Special Taxing Unit,
requesting a street name change from Bayshore Drive to Botanical Garden
Parkway, located in Sections 11, 14,23 & 26, Township 50 South, Range 25
East.
E. Adoption of an Ordinance of the Board of County Commissioners of Collier
County, Florida amending Section 74-201 (g) of the Collier County
Consolidated Impact Fee Ordinance, 2001-13, as amended, which is Chapter
74 of the Collier County Code of Laws and Ordinances, to provide for a
change in the timing of the submittal of applications for participation in the
"Immokalee Residential Impact Fee Deferral Program" in order to allow for
more effective and efficient management of this program.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
13
February 8, 2005
February 8, 2005
MR. MUDD: Ladies and gentlemen, please take your seats.
Mr. Chairman, you have a hot mike.
CHAIRMAN COYLE: Okay. Who's going to deliver the
invocation today, Mr. Mudd?
MR. MUDD: Father Jim is, I believe.
CHAIRMAN COYLE: Father Jim Cogan, St. Ann's Catholic
Church. Father Cogan?
Would everyone please stand for the invocation, please?
F ATHER COGAN: In the name of the Father, Son, Holy Spirit,
amen. Heavenly Father, we ask you to bless us and protect these
county officials as they guide and protect and use wisely the goods we
have in our county. We ask this through Christ, our Lord, amen.
CHAIRMAN COYLE: Would you please join me for the Pledge
of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN COYLE: Thank you very much. County Manager,
you want to go over the agenda with us?
Item #2A
REGULAR CONSENT AND SUMMARY AGENDA - APPROVED
MR. MUDD: Yes, sir. David, do you have -- I normally go this
way.
CHAIRMAN COYLE: All right.
Mr. Weigel, do you have any changes?
MR. WEIGEL: No. I think you've got them covered, Jim. Go
right ahead. Thank you.
MR. MUDD: Okay. Commissioners, the agenda changes for the
Board of County Commissioners meeting, February 8th, 2005.
Add item 4C, which is a proclamation designating February
Page 2
February 8, 2005
22nd, 2005, as America's 9/11 Memorial Quilts Organization
Appreciation Day, and that's to be accepted by Jeanne Ammerrnann.
Next item is item 16D3. It's a change order number 4. Amount
should read $452,280.80, as shown in the executive summary, not the
$452,250.80 as shown on the printed index, and that's at staffs
request.
The next item is item 16G 1. It's continued to the February 22nd,
2005, BCC meeting. It's a recommendation to approve and execute the
impact fee assistant grant agreement between the Community
Redevelopment Agency and the grant applicant within the
Bayshore/Gateway Triangle Redevelopment Area, and that's at staffs
request.
The next item is item 16K7. The planning fee agreement (sic)
upon in this matter is $222.50, not the $87.50 as stated. The stipulated
final judgment has been amended to reflect this, and that's at staffs
request.
The following consent agenda items are to be approved by the
Board of County Commissioners acting as the Community
Redevelopment Agency:
And that's item 16G3, a recommendation that the Community
Redevelopment Agency, CRA, approve a $131,000 budget
amendment from Fund 187 Bayshore/Gateway Triangle
Redevelopment Area General Reserves to Fund 187 Residential
Rehab to cover costs associated with the redevelopment area's
residential rehabilitation grant program.
The next item that you'll be acting on as the Community
Redevelopment Agency is item 16G5, and that's a recommendation
that the Community Redevelopment Agency, CRA, ratify the
Bayshore/Gateway Triangle Redevelopment Area Advisory Board's
decision to use Coastal Staffing Services, Inc., to provide temporary
staffing for the Bayshore/Gateway Triangle Redevelopment Area
office until the CRA ratifies the hiring of the redevelopment area's
Page 3
~.,..-
_"'_"U_,·._··<_··'·_'·"_"·'···W··' -. ,._~---," ..,----..~
February 8, 2005
new executive director; and to transfer all necessary funds from Fund
187 reserves to a temporary staffing expense line item to ensure
staffing during the period of time without an executive director.
And that's all I have, sir.
CHAIRMAN COYLE: Very well. Are there any -- for the
Commissioners, do you have any changes to the agenda?
COMMISSIONER HALAS: You going to start with me?
CHAIRMAN COYLE: Yeah. We're going to start with
Commissioner Halas.
COMMISSIONER HALAS: Okay. I have no changes to the
agenda and I have no ex parte in the --
CHAIRMAN COYLE: Summary agenda.
COMMISSIONER HALAS: -- summary agenda.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: I have no changes to the agenda,
and I have nothing to disclose on the summary agenda.
CHAIRMAN COYLE: And I have nothing to disclose on the
summary agenda, and I have no further changes.
Commissioner Fiala?
COMMISSIONER FIALA: No changes and no disclosures.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: No changes and no disclosures
on the summary agenda, and I make a motion that we approve today's
agenda, consent, and summary agenda, as amended.
COMMISSIONER HALAS: Second it.
CHAIRMAN COYLE: Okay. There's a motion for approval and
a second by Commissioner Halas.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
Page 4
_.~--~-
February 8, 2005
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It's unanimous.
Page 5
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
February 8. 2005
Add Item 4C: Proclamation designating February 22, 2005 as America's 9/11
Memorial Quilts Organization Appreciation Day. To be accepted by Jeanne
Ammermann.
Item 16 D 3: Change Order No.4 amount should read $452,280.80 as shown in the
executive summary, not $452,250.80 as shown on the printed index. (Staff's
request.)
Item 16G1 continued to the February 22.2005 BCC meeting: Recommendation to
approve and execute the impact fee assistance grant agreement between the
Community Redevelopment Agency and the grant applicant within the
Bayshore/Gateway Triangle Redevelopment Area. (Staff request.)
Item 16 K 7: The planning fee agreed upon in this matter is $222.50 not $87.50 as
stated. The Stipulated Final Judgment has been amended to reflect this. (Staff's
request.)
The following Consent Agenda Items are to be approved by the Board of County
Commissioners acting as the Community Redevelopment Agency:
Item 16 G 3: Recommendation that the Community Redevelopment Agency
(CRA) approve a $131,000 budget amendment from Fund 187 Bayshore/Gateway
Triangle Redevelopment Area General Reserves to Fund 187 Residential Rehab to
cover costs associated with the Redevelopment Area's residential rehabilitation
grant program.
Item 16 G 5: Recommendation that the Community Redevelopment Agency
(CRA) ratify the Bayshore/Gateway Triangle Redevelopment Area Advisory
Board's decision to use Coastal Staffing Service, Inc., to provide temporary
staffing for the Bayshore/Gateway Triangle Redevelopment Area office until the
CRA ratifies the hiring of the Redevelopment Area's new executive director; and
to transfer all necessary funds from Fund 187 reserves to a temporary staffing
expense line item to ensure staffing during the period of time without an executive
director.
February 8, 2005
Item # 2B
MINUTES OF THE JANUARY 11,2005 BCC REGULAR
COMMISSIONER HENNING: Make a motion that we approve
the January 11th, 2005, BCC meeting.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: There's a motion, and a second by
Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It's unanimous.
Item #3
SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD
MEMBER )
County Manager, will you now go to --
MR. MUDD: Service awards.
CHAIRMAN COYLE: -- service awards.
MR. MUDD: And this has to do with advisory board members,
and the first award is an advisory committee service award. We have
one recipient today, and that's Mr. Kevin M. Durkin, and he's worked
on the Tourist Development Council for five years.
Sir, do you want to go down to the floor, because after this is a
Page 6
February 8, 2005
monthl y --
CHAIRMAN COYLE: Sure.
MR. MUDD: Okay. Shake hands. Sir, do you have a pin --
CHAIRMAN COYLE: Don't we have something to award him?
MS. FILSON: A pin.
MR. MUDD: You have a pin, sir.
CHAIRMAN COYLE: Oh, it's up there. It's way up there.
COMMISSIONER COLETTA: I can reach it. By the power
vested in me.
MR. DURKIN: Thank you, sir.
(Applause.)
COMMISSIONER COLETTA: It's great to be able to perform
these services for my fellow commissioners. Can I throw everything
else on the floor?
CHAIRMAN COYLE: Sure, throw it on the floor.
COMMISSIONER HENNING: He couldn't have done it a year
ago.
MR. MUDD: Commissioner, our next -- our next awardee is a
presentation of the advisory committee outstanding member award to
Mr. Mark P. Strain.
Sir, and I'll read a little bit about what he's done.
(Applause.)
MR. MUDD: Mark has been on the Collier County Planning
Commission. He served as the vice chair from 2001 to present. He's
served on the Friends of Rookery Bay board of directors from 2004 to
present. He's on the Workforce Housing Advisory Committee; he's
the chairman for -- he was the chairman from 2001 to 2003.
He was on the Golden Gate Master Plan Committee as chairman
from 2001 to 2003. He's on the Collier County Sheriffs Commission
from 1990 to present. He's a member of the Army Corps of Engineer
EIS Study Group of Southwest Florida from 1999 to 2000.
He's a -- he was a Golden Gate fire commissioner from 1990 to
Page 7
February 8, 2005
1995. He was Immokalee Friendship House director in the early
1990's. He was the president of the Golden Gate Chamber of
Commerce in 1991. He's the Golden Gate Code Enforcement Board
member from 1989 to 1993. He's president of the Golden Gate Estates
Civic Association, 1987 and 1988.
He was a Golden Gate citizen and ( sic) Advisory Board Member
from 1987 to 1994. He was the president of the Golden Gate Business
Association, 1987. He's Collier County Board of Adjustments and
Appeals from 1983 to 1987. He's Golden Gate volunteer firefighters
and EMT in the 1980's.
He served on the local planning agency and land development
regulation commission as required by the Florida statutes. He's
prepared and caused to be prepared the Collier County GMP or
elements or portions thereof, and to submit it to the Board of County
Commissioners an annual report recommending amendments to such
plan elements and portions thereof.
He's helped prepare and caused to be prepared the LDC changes
to implement the GMP and to submit that to the board on a regular
basis. He's initiated, heard, considered, and made recommendations to
the BCC on applications to all the GMP and the LDC's.
He's initiated, reviewed, heard, made recommendations to the
Board of County Commissioners on applications for amendments to
the future land use element of the Collier County GMP and official
zoning atlas.
He's heard, considered, and made recommendations to the BCC
on applications for conditional use permits. And this lists goes on.
But let me go to the bottom line. Through Mark's efforts, the
overall effectiveness of Collier County's Planning Commission, and I
would say the county in general with that list of accomplishments, has
increased significantly, and the impact that he has had on the
commission has improved considerably the commission's
effectiveness and formation of recommendations regarding all land
Page 8
February 8, 2005
use petitions and all proposed amendments to the Collier County land
development code and the growth management plan.
Mr. Strain's efforts to have -- to have had a positive impact on
this community and had significantly contributed to our efforts to
promote trust and competence in local government.
His professionalism, patience, competence, and integrity have
ensured that government continues to look out for the overall -- for the
overall citizens of the county and not simply the petitioners' needs and
desires.
His overall performance and effectiveness on the planning
commission have, in one word, been outstanding. His actions validate
that he is truly deserving to receive the advisory committee's
outstanding member for his overall contributions to the citizens of
Collier County.
Commissioners, I present to you Mr. Mark Strain.
(Applause.)
COMMISSIONER COLETTA: Yeah, Mark.
COMMISSIONER FIALA: Corne on up. Pretty impressive.
CHAIRMAN COYLE: You really need to get a life. We also
have a parking space.
MR. MUDD: That's the most important thing.
MR. STRAIN: Oh, great. Thank you.
CHAIRMAN COYLE: It's over near Wal-Mart.
MR. STRAIN: As long as it's not the one on 951.
COMMISSIONER FIALA: We need to take a picture of you,
Mark.
MR. STRAIN: Can I stand next to you?
COMMISSIONER FIALA: I want to be associated with a guy
like you.
MR. STRAIN: Thank you.
(Applause.)
COMMISSIONER HALAS: Put one more thing on your
Page 9
-..---
February 8, 2005
agenda, and that's to be the governor of the State of Florida.
MR. STRAIN: Boy, some people will be upset over that.
COMMISSIONER COLETTA: I nominate you for sainthood.
COMMISSIONER HENNING: Because of you this whole
initiation of the program started.
MR. STRAIN: Is it? Thank you.
COMMISSIONER HENNING: Well, my feelings anyways.
MR. STRAIN: Commissioner Coletta said I had to give up my
head or my beard, so I'll give you my head. Thank you very much.
CHAIRMAN COYLE: Thank you.
(Applause.)
Item #4 A
PROCLAMATION TO HONOR THE CONSERVANCY FOR
PRESERVING THE NATURE OF OUR COMMUNITY -
ADillIED
MR. MUDD: Mr. Chairman, that brings us to proclamations.
CHAIRMAN COYLE: Okay. Thank you very much.
The first proclamation is a proclamation to honor the Conservancy for
preserving the nature of our community.
Commissioner Halas will read that proclamation, and it is to be
accepted by Kathy Prosser, president and CEO of the Conservancy of
Southwest Florida.
COMMISSIONER HALAS: I'll wait until Kathy gets here.
MS. PROSSER: Thank you.
COMMISSIONER HALAS: Good morning, Kathy.
MS. PROSSER: Good morning.
COMMISSIONER HALAS: Whereas, the Conservancy of
Southwest Florida was founded 40 years ago when a group of
concerned citizens rallied around the cause of saving Rookery Bay
Page 10
February 8, 2005
and -- one of the world's most pristine mangrove forests; and,
Whereas, the Conservancy preserved mangroves in and around
Pelican Bay and prevented the area from looking like a heavily
developed Miami Beach coastline; and,
Whereas, in the history of the Sea Turtle Monitoring and
Protection Program, the Conservancy has protected nearly 212,000 sea
turtle hatchlings; and,
Whereas, the Conservancy settled a IS-year legal dispute over
plans for Hamilton Harbor Marina to be built in Naples Bay, ensuring
mangrove protection at the edge of the bay and along portions of the
Gordon River; and,
Whereas, at its wildlife rehabilitation clinic, the Conservancy
now treats more than 2,400 native animals each year, with half of
those successfully returned to its natural habitat; and,
Whereas, in its 40-year history, the Conservancy has preserved
more than 300,000 acres of land, brought environmental education
into public schools, and taught more than one million visitors and
residents about the importance of protecting the natural resources; and,
Whereas, the Conservancy of Southwest Florida is joined by
more than 600 volunteers and nearly 6,000 members in its -- in
celebrating its 40th anniversary.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the Conservancy of
Southwest Florida be honored for preserving the nature of our
community, and in recognition (sic) the significant milestone, we urge
all citizens to join in celebrating this anniversary and to salute the
Conservancy for its own unwavering commitment to protect
Southwest Florida's natural environment.
Done and ordered this 8th day of February, 2005, Board of
County Commissioners, Collier County, Florida, Fred W. Coyle,
Chair.
I move we approve this proclamation.
Page 11
February 8, 2005
COMMISSIONER COLETTA: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. Motion to approve with two
seconds, Commissioner Coletta and Commissioner Fiala.
All in favor please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It's unanimous. Congratulations.
(Applause.)
MS. PROSSER: We brought some of our wonderful volunteers.
COMMISSIONER FIALA: Good. I liked when they walked up,
as it was saying step up, too, right?
CHAIRMAN COYLE: Thank you, Kathy. Great job.
COMMISSIONER HENNING: Congratulations.
MS. PROSSER: We're so honored by all of this. Thank you
very much.
CHAIRMAN COYLE: Would you like to say something,
Kathy?
MS. PROSSER: I never miss an opportunity to say something. I
thank you.
On behalf of the board of directors, the staff, and all of our
wonderful volunteers, we thank you for this honor this morning, and
to just say that I'm so proud to be the president of such a magnificent
organization and to let all of you know that we've done a great job
over 40 years protecting our environment in Southwest Florida, and
we win continue to do so for the next 40.
COMMISSIONER FIALA: Kathy, I want to tell you you've
added so much to our community and protected our environment, and
we're so proud and happy that you're here.
Page 12
_._-_.~,-,.,.,..~.>-
February 8, 2005
MS. PROSSER: Thank you. Thank you all again.
CHAIRMAN COYLE: Thank you, Kathy.
(Applause.)
Item #4B
PROCLAMATION TO DESIGNATE THE WEEK OF FEBRUARY
21 ST THROUGH FEBRUARY 26TH, 2005 AS MARJORY
CHAIRMAN COYLE: The next proclamation will designate the
week of February 21st through February 26th, 2005, as Marjorie
Stoneman Douglas week. It's going to be accepted by Ron Jarnro,
director of the Collier County Museum, and Marilyn Matthes, Collier
County library director. It will be read by Commissioner Coletta.
COMMISSIONER COLETTA: Corne right up front here, and
glad to have you here today.
Whereas, it was Marjorie Stoneman Douglas who first made
people aware that the Everglades is a part of a much larger ecosystem,
a thousand-year-old balance of land and water, sun and rain, people
and wildlife; and,
Whereas, Marjorie Stoneman Douglas led the fight to preserve
the natural balance and diversity of this mysterious region, declaring
that there are no other Everglades in the world and that they are
unique in their simplicity, the diversity, and the related harmony of the
forms that they enclose; and,
Whereas, Marjorie Stoneman Douglas stated, "You have to stand
up for something in this world," and campaigned for nearly 20 years
to help establish Everglades National Park in 1947 and the Friends of
the Everglades in 1960; and,
Whereas, through the 1970s, '80s, and into the '90s, she fought as
Florida's greatest defender of the environment, speaking powerfully
Page 13
February 8, 2005
throughout the state and at a public hearing in the gymnasium of
Everglades City school about the fragility of the ecosystem of the
Everglades, when (sic) she called -- called it the "River of Grass"; and,
Whereas, Marjorie Stoneman Douglas was honored in 1993 with
the Medal of Freedom, the highest Presidential honor given to citizens
of the United States; and,
Whereas, the Museum of the Everglades and the Collier County
Public Library have joined together to honor the legacy of Marjorie
Stoneman Douglas by hosting the first annual Marjorie Stoneman
Douglas Festival, February 21st through February 26th, 2005, in
Everglades City.
Now, therefore, be it proclaimed by the Board of Collier County
Commissioners of Collier County, Florida, that the week of February
21 st through February 26th, 2005, be designated as Marjorie
Stoneman Douglas Week in Collier County and that sincere gratitude
and appreciation be extended to those who continue the work of
Marjorie Stoneman Douglas in keeping clean, fresh water flowing
freely through the "River of Grass."
Done and ordered this, the 8th day of February, 2005, Fred
Coy Ie, Chairman.
And I make a motion for approval.
COMMISSIONER FIALA: Second.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: A motion for approval and a second by
Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It is unanimous. Thank you very much.
Page 14
~-_. ._---,...,,_..~.,,-,-~.,,~'" .'"
February 8,2005
COMMISSIONER COLETTA: Thank you.
(Applause.)
CHAIRMAN COYLE: Ron, thanks a lot.
COMMISSIONER COLETTA: When you corne down to
Everglades, bring your money, too.
Why don't we take a moment and get a picture here.
CHAIRMAN COYLE: Would you like to say a few words?
MS. MATTHES: Very briefly. We thank you very much for
this honor and hope we'll see many of you at the festival.
I'd like to highlight one event. Something that's a little bit
different. We're having a presentation by Joan W olfberg (phonetic),
who portrays Marjorie Stone Douglas, and afterwards we have a high
tea with an Everglades flair, and I'd like to read the menu for that
event.
It starts with gater bites, smoked mullet spread, Caribbean tortilla
sandwiches with guava, turkey and cranberry sandwiches, mango
Napoleons, fried pineapple, and a coconut guava cake.
So please consider corning down, and we think we're going to
have a great festival. Great cooperation between the library and the
museum. And we don't know yet. We're waiting on word on whether
the White House will be able to attend. We have extended an
invitation to them, and we certainly hope that they will be with us.
CHAIRMAN COYLE: Thank you very much.
MR. JAMRO: Good morning, Commissioners. I'd like to add a
personal note of thanks to you for lending your support in helping
preserve yet another part of our Southwest Florida heritage and
history, and for making this tribute to Marjorie Stoneman Douglas
possible.
From the first moment that Douglas stepped off the train in
Miami in 1915, she fell in love with Florida and dedicated her long
and extraordinary life to telling its story to the world.
After a lifetime of writing and public causes, from the age of 79
Page 15
February 8, 2005
until she was 100 years old, Douglas worked tirelessly to preserve and
protect South Florida's natural heritage, and especially its "River of
Grass. "
At an age when most people have long since retired to their
rocking chairs, she founded an environmental organization, won
national recognition for efforts to rescue the Everglades, and published
her autobiography.
At the age of 83, she once told a reporter, I have practically no
life expectancy and so many things left to do. She was the first person
to be named Floridian of the year and was awarded the Presidential
Medal of Freedom at the age of 103.
Although many attribute her longevity and industry to the shot of
dessert and Duffs (phonetic) Scotch she enjoyed every evening,
Marjorie herself maintained that having purpose in life is what kept
her going for her full 108 years.
Your library museum staff have worked hard to create a quality
event and a fitting tribute to one of Florida's finest. I hope that you'll
plan to join us for the festival, the first Marjorie Stoneman Douglas
Festival this month in Everglades City. Thank you so much.
CHAIRMAN COYLE: Thank you very much, Ron.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING FEBRUARY 22,2005 AS
AMERICA'S 911 MEMORIAL QUILTS ORGANIZATION
CHAIRMAN COYLE: The next proclamation will designate
February the 22nd, 2005, as America's 9/11 Memorial Quilts
Organization Appreciation Day. It's to be accepted by Jeanne
Arnrnerrnann, president and founder of the America's 9/11 Memorial
Page 16
._-_._...__.~
-~_.-
February 8, 2005
Quilts Foundation Organization.
Is Jeanne here? Oh, there you are, Jeanne. If you would, corne
up here and stand here. We'll get some pictures after I read the
proclamation. You can turn around and face the audience so
everybody can get a good look at you.
Whereas, America's 9/11 Memorial Quilts Organization
consisting of more than 500 volunteers across the United States seeks
to honor victims who died in the World Trade Center, the Pentagon,
on United Flights 93 and 175, and on America Airlines' Flights 11 and
77, by creating a 10- foot by 60- foot memorial quilt; and,
Whereas, America's 9/11 Memorial Quilts Organization work
began on September the 14th, 2001, and continues through its 40th
month; and,
Whereas, America's 9/11 Memorial Quilts Organization shall
continue its efforts to compassionately support the families of
September 11, 2001, families of fallen service members, and those
who continue to serve our country in the fight against terrorism and to
aid in the preservation of freedom for all mankind; and,
Whereas, America's 9/11 Memorial Quilts Organization is
creating eight individual quilts, including the victims quilt, the
Pentagon, the New Y ork/New Jersey Port Authority, the Fire
Department of New York, Emergency Medical Services, the New
York Police Department, the Port Authority Staff Department, and
Flight 93 to dedicate to the families of the victims of September 11 th,
2001;
Whereas, the victims quilt is scheduled to be dedicated on
September 11 th, 2005, to the families of the victims and it has been
presented to the Lower Manhattan Development Corporation for
consideration in its N ew York City memorial park; and,
Whereas, America's 9/11 Memorial Quilts Organization recently
hosted a two-day public showing of the victims quilt here in Naples,
which was attended by more than 150 victims' family members from
Page 1 7
February 8, 2005
across the nation; and,
Whereas, Jeanne Ammermann, president and founder of the
America's 9/11 Memorial Quilts Organization, donated $2,513.51 to
the Collier County Freedom Memorial Task Force for the construction
of the freedom memorial.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that February 8th, 2005, be
designated as America's 9/11 Memorial Quilts Organization
Appreciation Day.
Done and ordered this 8th day of February, 2005, Board of
County Commissioners, Collier County, Florida, Fred W. Coyle,
Chairman.
I make a motion that we accept this proclamation.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: We have a motion, and a second by
Commissioner Halas.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It is unanimous. Thank you very much,
Jeanne.
Again, I want to point out that Jeanne pledged 50 percent of all
the funds she collected during a recent showing here in Naples for our
own memorial construction here on the Collier County campus, and
all of those of the public who are interested in seeing some of the
designs, 28 designs, I believe, have been submitted, and they're -- the
sketches of those designs are all shown on the first floor of this
building, if you're interested in taking a look at them. They are truly
outstanding.
Page 18
February 8, 2005
Thank you very much, Jeanne. You're doing wonderful work
here, and we really appreciate it. Thank you.
(Applause.)
CHAIRMAN COYLE: Would you like to say a few words,
Jeanne?
MR. MUDD: Ifwe can get a picture.
CHAIRMAN COYLE: Oh, yes.
MS. AMMERMANN: Just briefly.
CHAIRMAN COYLE: Okay. Thank you.
MS. AMMERMANN: I would like to express my gratitude to
the Collier County Commissioners' Office and Fred Coyle for
proclaiming September as freedom month in Collier County. It is my
belief that the entire country should proclaim this month as freedom
month, and we will continue our efforts to help Collier County raise
the needed funding for that permanent memorial.
Thank you very much.
(Applause.)
Item #6A
PUBLIC PETITION REQUEST BY JAMES ELSON AND HERB
LUNTZ TO DISCUSS PLAN FOR THE GREATER NAPLES - TO
BE BROUGHT BACK TO THE FEBRUARY 22, 2005 BCC
~G - AffROVED
MR. MUDD: Commissioner, there are no presentations today,
and that brings us to item 6, which is public petitions. And this is a
public petition by Mr. Herb Luntz and James Elson to discuss plans
for the Greater Naples - Collier County Independence Day, and Mr.
L untz would like to speak first.
Commissioner, just as a point of information, I think I briefed all
of you that I would tell you how the financials worked out in 2004
Page 19
February 8, 2005
with a similar request, I believe, that you're going to get today.
Last year $50,000 was given to this particular group, of which
they also collected donations and basically was able to accomplish
what they needed to accomplish, and they turned back $35,032.97 of
that $50,000 back to the county that was money that was not used.
That's all I have. Herb?
CHAIRMAN COYLE: Okay. Thank you very much.
MR. LUNTZ: Mr. Chairman, members of the board, Mr. Mudd.
I have one brief introduction to make before I get to the little bit that I
have to say. There's a gentleman sitting right here -- and Jim, would
you please corne up next to me.
This is Jim Elson, folks, who has been with us on our team for
more years than I hate (sic) to say. And, of course, now he is the
president of the Collier County Veterans Council. And this year we
have a new wrinkle in our plans because this year the council's going
to be with us, and I'd like to introduce to you Jim Elson.
MR. ELSON: Thank you, Herb.
Mr. Chairman, and Commissioners, pleasure to be here, Colonel
Mudd.
The background to this is that last year Peter Kreley (phonetic),
through the veterans services offices handled or administered the
funds. Peter carne to me this year, early, and also John Veit of the
park superintendent's office, to ask the Veteran's Council to administer
the funds for these different military actions that are corning -- or
groups that are corning into -- not military action -- military groups
that are corning into Collier County.
The Veterans Council was created back in the early '80s as a
public celebrations committee. So this falls in line with what we've
been doing, along with Veteran's Day and Memorial Day events and
programs.
What we propose is that the $50,000 that was allocated as "up to
an amount" be handed to the Veterans Council to be paid out under
Page 20
",~_",.,._,,__,._"ø",'_'''·'>'_'_'"'·_
February 8, 2005
the line item budget that John Veit will prepare and will be approved
prior to the event.
The expenditures will be based on the budget, not just
discretionary decisions made by an individual along the way.
I also have with me today Captain Don Peacock who's retired
United States Navy, also a former pilot, a very detailed man. He is the
treasurer of the Collier County Veterans Council, and a very detailed
man.
The controls we will put in place will be between John Veit
establishing the budget, and Don overseeing the dispersement of the
funds and the accounting and reporting, along with the review by me.
We'll have three people involved in supervising the funds.
And as Jim Mudd had mentioned here earlier, there was an
excess. We really don't know what's going to happen until a few
weeks before the event. We pray for a lot, and things do get
cancelled. But it is important that we streamline the system for paying
the bills and getting the money out quickly for the per diem and for
the travel of the troops that we bring in and the other sundry events.
Also, with this there will be a reviewing stand down on the
parade -- parade route in Old Naples in conjunction with the City of
Naples. Weare establishing good coordination between the city and
the county so that this is a full community-wide event. And I ask that
anyone that is in town be present at that reviewing stand to observe the
parade, to observe our citizens in celebration of this event.
CHAIRMAN COYLE: Thank you very much.
MR. ELSON: Any questions?
CHAIRMAN COYLE: Any questions by the board members?
COMMISSIONER COLETTA: If I could?
CHAIRMAN COYLE: Sure, Commissioner Coletta.
COMMISSIONER COLETTA: Yeah. I tell you, we've been
getting an excellent product for a number of years from this particular
team, and our citizens greatly enjoy the parade, and it helps to foster
Page 21
_..">~._-~,....._- -- ~-"'.. ....,'~"".__..__.."-_. - ""~..~- --^~~ "..". ,~~
February 8, 2005
more patnotlsm. And I think any way that we can support it and to
move it forward that we should at this time.
I know that the time element is running against them, that they
have to make reservations for Jet Blue. And if there's some way -- I'd
make a motion -- we can't make a motion or we can?
We can't make a motion on this.
COMMISSIONER HENNING: Put it on a future agenda.
COMMISSIONER COLETTA: If there's some way we can
expediate this?
CHAIRMAN COYLE: Well, I think I understand Commissioner
Coletta's interest, and that is to dispose of it now rather than having
them corne back two weeks later. Is that possible, County Attorney?
MR. LUNTZ: Mr. Chairman, forgive me for just a minute.
CHAIRMAN COYLE: Wait a minute, Herb. Let me get--
MR. LUNTZ: This has a bearing on it.
CHAIRMAN COYLE: Well, let me hear from the county
attorney.
MR. LUNTZ: Okay.
CHAIRMAN COYLE: I've asked him a question.
MR. WEIGEL: You can, in fact, create an agenda item during
the course of a meeting, otherwise, another alternative would be to
give direction to staff, for example, to bring back a consent agenda
item at the next meeting, which would be in place. The commission
would be well aware ahead of time what they're directing staff to do.
And although a vote isn't officially taken until that meeting occurs,
you would have the assurances, generally, that an action is going to
happen, barring pulling it from the consent agenda.
CHAIRMAN COYLE: Okay, Herb.
MR. LUNTZ: We have a unique situation here. The West Point
Band, which is the jazz nights, have already committed to us that
they're corning. Letters have gone back and forth with all the
intricacies and logistics.
Page 22
February 8, 2005
Reservations were made through Jet Blue Airways and confirmed
so that we could put that in the letters, otherwise they would have
turned us down.
The problem we've got is that they have held off on accepting the
moneys, which you do on a group situation like this, until after the
board meeting today, and we were hoping that we could get action so
that we can lock up these reservations or they will be gone by tonight,
and then we'd just have to cross our fingers. That's the unique
situation that we're in right now.
CHAIRMAN COYLE: Let me just ask one follow-up question
then, Commissioner Coletta.
Herb, if -- how did we get caught in a time line? Generally what
you do is get approval for the commitment of the funds first. Why are
we now getting a request for the funds after you've already committed
to the -- some of the participants?
MR. LUNTZ: Mr. Chairman, we got a letter from West Point
telling us that we were running late, running behind. They wanted to
put it on their calendar and take care of it, and they left it up to us to
get back to them with a confirmation number so that they could
contact the airline themselves and make sure that there was, indeed, a
reservation for each one of their band members to corne down here.
Without that confirmation number, they wouldn't have approved it.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes. If it's appropriate, and I
believe it is after listening to the county attorney, I make a motion that
we add this as an agenda item for discussion.
MR. MITCHELL: Commissioner, if I could, let me make sure I
understand what we're doing here. In essence, we are to be giving this
entity $50,000 that they then have the authority to spend.
Okay. We have not had an opportunity to look at any of the
plans or things like that, but I have somewhat of a concern, and I
meaning to talk with David about this, is that the expenditure of public
Page 23
February 8, 2005
funds, it's a very detailed process. Only the board has the authority to
validate the public purposes of funds. Only the clerk has the ability to
expend that money.
Every year we have worked very closely with this organization to
expedite transactions to make sure that they meet their time lines. I'm
not saying what they are proposing can't be done, but I'm having a
difficult time, without seeing everything in place -- what I'm trying to
do is cut off any problems that may be out there in the future, so --
COMMISSIONER HALAS: That's right.
MR. MITCHELL: -- I would caution you in your
decision-making process.
CHAIRMAN COYLE: Thank you, Jim.
Commissioner Henning?
COMMISSIONER HENNING: The -- I think it's prudent that
we have a cost estimate presented to the board so we can approve it so
the Clerk of Court can issue POs for payments of whatever activity it
is. But I agree, we must meet the valid public purpose on the
expenditures.
And I'm sure that we can, at our next meeting, verify and ratify
that valid public purpose. And I -- just asking, I mean, it -- I don't see
where it's the board's responsibility because of the actions -- of what
you're trying to create. It's not our fault that it's -- you're asking us to
do something on the fly, and I'm not sure if that's prudent, what we're
here for.
MR. LUNTZ: If I may, Mr. Chairman, these moneys do not
have to be spent now.
CHAIRMAN COYLE: But obligating them is essentially the
same.
MR. LUNTZ: For the airfare, yes, sir.
CHAIRMAN COYLE: Apparently obligating them without
approval is the problem.
MR. LUNTZ: The airfare.
Page 24
February 8, 2005
CHAIRMAN COYLE: Now, I am a little confused about the
issue with respect to public purpose. We've approved these funds
every time and they've always been found to be in the public purpose.
I don't know that this is any different.
It appears to me that the real issue is the obligation of funds prior
to them being properly approved by the Board of County
Commissioners; is that essentially correct, Jim?
MR. MITCHELL: Yes.
CHAIRMAN COYLE: Okay. It's the sequence that we're
dealing with, I believe. I believe every commissioner here would say
today, as they have said every other year, that this serves a valid
public purpose. The problem we have is the sequence in which it's
being done, and -- but Commissioner Fiala wants to ask a question.
COMMISSIONER FIALA: Yes. I was just wondering will --
will the next meeting give the clerk's office and the county attorney
enough time to have everything in order so that then we can move
forward?
COMMISSIONER COLETTA: I think so.
MR. WEIGEL: No question we could.
COMMISSIONER FIALA: Thank you.
CHAIRMAN COYLE: And Commissioner Halas was next. I'm
sorry. Commissioner Coletta was next.
COMMISSIONER COLETTA: Yeah. I -- since the clerk's
office has expressed some reservation, I'd withdraw my motion. I can
understand those reservations, but I think you have the total support of
this board. We have to go through the mechanisms of putting
everything in an exact order.
I'm not too sure what I can tell you to do at this point to ensure
those seats, but I'm sure that being the smart promoter that you have
been in the past, that you'll figure a way to do this.
MR. LUNTZ: I know that we -- you know, we've used up our
time because I heard it go off, but as long as we're going to have a
Page 25
W_.~.___~~_·_··"_~··_·__·_·^·__
February 8, 2005
delay. What I'm going to do is contact Jet Blue, their group people,
which is the ones that I'm working with, and I will tell them that
there's going to be a two-week delay. They have bent over backwards
on cancellation policies and everything else so that if something was
to happen and the monies had been spent, the monies will corne back.
They've done -- they've bent over backwards.
These folks will be flying out of JFK right into Fort Myers, and
then, of course, we'd pick them up after.
To give you an idea about the difference this year from the
previous years, the City of Naples is taking care of the parade
activities completely. John Veit will be working with them as will Jim
Elson, and that's going to be our tie to the city.
It's an incredibly good relationship that exists between Michael
and also David Lykins, who I met with last week.
What we're going to do this time is we're going to have more out
in the county than we've ever had before, including four jumps,
including four concerts. We're going to use Sugden Park, we're going
to use the Golden Gate band shell. If any of you know what a Gabriel
demonstration is, that's where the troops are underground and they pop
up and get whoever they have to get as they pass by.
All these things are in the works. There's no money involved in
any of it until we get to Mayor June, and it's the same as it's been
every year.
I will do everything I can myself. And I've already spoken to the
Pentagon about where we are. And right now, I can tell you that they
said, if you can get anybody to corne down there, you better grab them
because of the circumstances around the world.
I'll see if I can get a two-week delay from Jet Blue and/or we'll
just have to take pot shot. That's all we can do. And I'll back up my
phone call to the point with a letter so that they've got hard copies.
John Veit will probably do an email to do this.
Other than that, we don't need any money right now for anything,
Page 26
February 8, 2005
you know.
CHAIRMAN COYLE: Commissioner Halas has a question or a
comment.
COMMISSIONER HALAS: I'd just like to -- I hope that we all
learn something out of this, that before we start making plans next
year, that you corne before the Board of County Commissioners to
make sure that everything is in place prior, not only you, but any other
organization out there that feels that they want to have public
participate in funds in regards to organized activities.
So I'm sorry that we can't take action today, but I hope that we all
learned something from this.
CHAIRMAN COYLE: Is there a motion to bring this back --
COMMISSIONER HENNING: So moved.
CHAIRMAN COYLE: -- for hearing?
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. Motion to bring it back as a
publicly advertised agenda from Commissioner Henning, seconded by
Commissioner Fiala.
MR. MUDD: Twenty-two February.
CHAIRMAN COYLE: Any other discussion?
MR. MUDD: Twenty-two February.
CHAIRMAN COYLE: Twenty-two February, okay.
Any other questions or comments by the board?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It seems to be unanimous. We'll bring it
Page 27
February 8, 2005
back on February 22nd.
MR. LUNTZ: Thank you very much.
CHAIRMAN COYLE: We'll get it approved in the proper order
hopefully.
MR. MUDD: Commissioner, there is no item 7. On item 8 we
have one item, and that will corne back at 12:30 based on the agenda
and the publication. Again, I'm making sure everybody in the
audience and out there know that lunch break today is from 11 :30 to
12:30, and that's been advertised properly.
Item #9 A
REQUEST BOARD TO SET THE BALLOTING DATE FOR THE
RECOMMENDATION OF MEMBERS TO THE PELICAN BAY
MSTBU ADVISORY COMMITTEE BY RECORD TITLE
That brings us to item 9A, and that's to request board to set the
balloting date for the recommendation of members to the Pelican Bay
MSTBU Advisory Committee by record title owners of property
within Pelican Bay.
MS. FILSON: And the date we're asking you to set is March
11 th, 2005.
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: I make a motion for approval.
COMMISSIONER FIALA: Second. But I have a question, if I
may.
CHAIRMAN COYLE: Okay. Go ahead, Commissioner Fiala.
COMMISSIONER FIALA: Yes. I do second that for the date of
March 11 tho I was just wondering why they told us what people --
who is running, and also the terms that are expiring, does that have
anything to do with this?
Page 28
-..^-
February 8, 2005
MS. FILSON: With setting the date, the ordinance says that we
need to publish those names, and I'm showing you the names that will
be on the ballot that is sent out to the --
COMMISSIONER FIALA: Okay, fine. I got a little confused
with that one. Thank you very much.
MS. FILSON: Sorry.
COMMISSIONER HALAS: It's just basically a straw vote, and
then I believe it comes before the Board of County Commissioners for
approval.
MS. FILSON: That's correct. And I have another agenda item
on for the next meeting to set the counting of the ballots.
COMMISSIONER FIALA: Okay. Thank you so much. Okay.
My second is in order.
CHAIRMAN COYLE: Okay. We have a motion by
Commissioner Halas, a second by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: All opposed, similar sign.
(No response.)
MR. MUDD: That brings us to item--
CHAIRMAN COYLE: Okay. It is unanimous.
Item #9B
RESOLUTION 2005-86 RE-APPOINTING ALBIN A. KOZEL, JR.,
MATT HUDSON, AND SYDNEY E. BLUM TO THE COUNTY
Page 29
.....-
February 8, 2005
MR. MUDD: That brings us to 9B, and it's appointment of
members to the County Government Productivity Committee.
COMMISSIONER COLETTA: If I may?
CHAIRMAN COYLE: Okay. Commissioner Coletta, go ahead.
COMMISSIONER COLETTA: Yes. I'd like to make a motion,
and then I'll open it for discussion, because I'm a little bit lost on this.
I'd like to make a motion that we follow the committee's
recommendations as far as the reappointment of Blum and Kozel, but
I'd also like to add Matt Hudson's name back into it because there was
no reason for --
COMMISSIONER HENNING: I'll second that motion.
COMMISSIONER COLETTA: -- nonappointment. I can
understand the other two with the CBIA having legal issues with the
county and our ordinance being put together as far as putting people
on committees that have lawsuits against the county. In that I have no
argument, but Mr. Hudson is not one of those people, and that we
advertise -- readvertise for the remaining two positions.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: And I second the motion.
CHAIRMAN COYLE: There's a motion and a second.
Commissioner Halas?
COMMISSIONER HALAS: Yes. It's my understanding -- it
says the committee's recommendation, but from my understanding
talking with some people there on the productivity committee, this
was not a unanimous vote, so I'm not sure how that carne about that
way. But I go along with the board's suggestion here.
CHAIRMAN COYLE: Okay. I have a question for you. We're
going to have to -- to readvertise for three more vacancies, right?
MS. FILSON: Two more--
CHAIRMAN COYLE: Or two more --
MS. FILSON: Correct.
CHAIRMAN COYLE: -- vacancies if Matt Hudson is appointed
Page 30
February 8, 2005
MS. FILSON: Yes.
CHAIRMAN COYLE: -- here today.
Do you want to have Mr. Hudson and the other two people corne
back to get a committee recommendation, or do you want to go ahead
with Mr. Matt Hudson now?
COMMISSIONER COLETTA: Matt Hudson now.
CHAIRMAN COYLE: Okay, all right. Very well. We have a
motion and a second.
Any other questions or comments by the board?
(N 0 response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye, to reappoint Sidney Blum, Al Kozel, and Matt Hudson. All in
favor please, signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: I think it is unanimous. Thank you very
much.
Item #9C
RESOLUTION 2005-87 APPOINTING LINDA HARTMAN TO
THE GOLDEN GATE ESTATES LAND TRUST COMMITTEE-
ADillIED
MR. MUDD: That brings us -- Mr. Chairman, that brings us to
item 9C, which is appointment of a member to the Golden Gate
Estates Land Trust Committee.
COMMISSIONER FIALA: Motion to approve Linda Hartman.
Page 3 1
February 8, 2005
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: There's a motion to approve Linda
Hartman by Commissioner Fiala, second by Commissioner Halas.
Any discussion by the board?
(N 0 response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: All opposed by like sign?
(N 0 response.)
CHAIRMAN COYLE: It is unanimous.
Item #9D
RESOLUTION 2005-88 APPOINTING BARRY WILLIAMS AS A
MR. MUDD: Next item is number 9D, and that's an appointment
of members to the Health Planning Council of Southwest Florida, Inc.
COMMISSIONER FIALA: Motion to approve Barry Williams
and Larry Ray --
COMMISSIONER HALAS: Second.
COMMISSIONER FIALA: -- as recommended.
COMMISSIONER HENNING: It's only appoint one, isn't it?
MS. FILSON: No. It's to appoint -- to reappoint one and the
other one's a new appointment, Barry Williams.
COMMISSIONER HENNING: Excuse me.
COMMISSIONER HALAS: I'll second that motion.
Page 32
"....,".~_...-._."'..~". -----
February 8, 2005
CHAIRMAN COYLE: We have a motion by Commissioner
Fiala and a second by Commissioner Halas to approve the
appointment of both of the applicants, Barry Williams and Larry Ray.
Any discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: All opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It is unanimous.
Item #9E
RESOLUTION 2005-89 APPOINTING KAREN J. LOUWSMA In
MR. MUDD: Mr. Chairman, that brings us to 9E, which is
appointment of a member to the Library Advisory Board.
MS. FILSON: And this appointment is to appoint someone
representing District 5, just so you know.
COMMISSIONER HENNING: Move to approve the
committee's recommendations.
COMMISSIONER FIALA: Second that.
CHAIRMAN COYLE: Motion to approve by Commissioner
Henning, second by Commissioner Fiala.
Any discussion by the board members?
(No response.)
Page 33
---
February 8, 2005
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: All opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It's unanimous.
Item #9F
RESOLUTION 2005-90 APPOINTING ANA SALAZAR TO THE
IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY -
ADOEIED
MR. MUDD: Mr. Chairman, the next item is 9F. It's
appointment of the member to the Immokalee Enterprise Zone
Development Agency.
COMMISSIONER COLETTA: If I may, I make a -- I'm sorry,
you go ahead, Commissioner Halas. I didn't mean to jump in front of
you.
COMMISSIONER HALAS: No.
COMMISSIONER COLETTA: I make a recom -- we follow the
committee's recommendation, that Ana Salazar, nonprofit
community-based organization operating with a nominated enterprise
zone, be the person to be put on that.
COMMISSIONER FIALA: And Ms. Sonya Tuten also win
become a representative?
MS. FILSON: She's currently serving -- she's currently serving
on that committee as a business in the zone.
Page 34
February 8, 2005
COMMISSIONER COLETTA: Representative--
COMMISSIONER FIALA: Will you ratify that or something?
MS. FILSON: And because we had the representative from the
chamber resign, since she's involved in the chamber, they have
requested that she be the representative from the chamber, and so
we're just -- we're just going to ratify that, you're correct.
COMMISSIONER COLETTA: I include that in my motion.
CHAIRMAN COYLE: We're ratifying the chamber's
recommendation?
MS. FILSON: Yes, sir.
COMMISSIONER FIALA: Okay. I second that motion.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Yes. I just want to get clarification
from the county attorney in regards to Ana Salazar in regards to -- that
she does not reside here in Collier County nor is she a registered voter
in Collier County. Does that have any effect in regards to the
appointment of this person?
MR. WEIGEL: Yes, good question. Ultimately we have
reviewed and see that this is a statutory committee and, therefore, it
does not require and, in fact, does not -- well, it just does not require
that the person be a resident within the county but, in fact, pertains to
the appropriate business or other professional interest, and that is
required, that they have a business in the community itself that's
affected, which is Immokalee, so --
COMMISSIONER HALAS: So the business by itself makes her
eligible to be on this committee; is that correct?
MR. WEIGEL: That's exactly right, yeah.
MS. FILSON: And there are several other -- just so that you
know, Commissioner, there are several other members on this
committee who do not reside within Collier County, and I have one
other commit -- one other committee that has the same representation,
and that's Lake Trafford.
Page 35
'""'"0.____-.-
February 8, 2005
COMMISSIONER HALAS: Okay.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: Call a motion.
CHAIRMAN COYLE: Okay. You have a motion?
COMMISSIONER COLETTA: Yes, we do.
MS. FILSON: I have a motion and a second.
CHAIRMAN COYLE: Okay. Then there's no further
discussion, obviously.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: All opposed, like sign?
(No response.)
CHAIRMAN COYLE: It is unanimous.
Item #9G
DISCUSSION REGARDING PELICAN BAY ANNEXATION
REE.ORJ
MR. MUDD: Mr. Chairman, that brings us to, our next item is
9G, and this item was continued from the January 25th, 2005, BCC
meeting. It's a discussion regarding the Pelican Bay annexation
report, and Commissioner Henning -- this is at Commissioner
Henning's request.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: The -- I've known we've had
discussion about this item before or this issue before, and I reviewed
the urban services report by the city manager, and had more time to
Page 36
_'_".'_~'·UH__·__'_· _ ....._._,,_
---................--.-".........----'.',...- -
February 8, 2005
review it and talk to the county attorney and the county manager.
The -- of course in my memo it states, you know, historically,
that we have turned over things like parks and rec. to the municipality.
In the case of Marco Island were they incorporated, we now run and
operate Frank Mackie Park.
If it's -- if it's the wishes for the city to -- for the county to still
operate this as it states in the Urban Services Report and it is annexed,
we ought to give direction to the county manager to -- instead of
funding parks and rec., Collier County Parks and Rec. out of the
municipal service taxing district or the unincorporated fund, is to now
fund the gen -- or the parks and rec. out of the general fund.
And, Commissioners, I put together some information for you on
the effluent water showing that this board, this sitting board, has
passed a resolution stating that the effluent water is for the customers
of the county.
I also provided you a long list of potential users within county
that is requesting this effluent water in their community. And also
being noted that the -- if the Pelican Bay wishes to have irrigation
from the county, we also have available potable water for the use of
irrigation of the golf courses and medians.
So with that, what I'm asking the board, action to do, is direct the
county manager if the annexation goes through, is to fund parks and
rec's out of the general fund and also direct the chair of the Board of
Commissioners to write the city manager in reference to the Urban
Services Report, that it's the wishes of the Board of Commissioners to
abide by our resolution then stating that the effluent water is for
county residents, and we're more than willing to provide the potable
water to the residents of Pelican Bay for their irrigation and median
landscaping.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Commissioner Henning, the park
that you're talking about, what was the name of that park again, was it
Page 37
February 8, 2005
Hammonds Park which borders on Vanderbilt Beach Road? Is that
park one of the --
COMMISSIONER HENNING: Yes, right next to the substation.
COMMISSIONER HALAS: One of the things about that park
is, not only is it serviced by the residents of Pelican Bay, but there's a
large constituency of mine that uses that park because of the fact that
it has tennis courts there which are presently now groomed by the
county parks and rec. service, so I'm not sure how that's going to
shake out.
One of the areas of concern that I do have, and that was a speech
that the mayor of Naples made when -- the first meeting that we had in
Pelican Bay, and he said that whatever's done should be the benefit or
be on an equal par with all residents of the county.
And so I think that one of the negotiating chips that needs to be
discussed when we go through the process, give direction to the
county manager, to go through the process to talk with the city
manager, and that is to put on the table the residents that currently are
in the unincorporated area but receive water and sewer from the City
of Naples and, whereby, are charged an additional 25 percent, which
is basically a surtax. And I think to make it fair for all residents, that
has to be also put on the table.
COMMISSIONER HENNING: Commissioner, I most definitely
agree, and equal balance is, you know, we will still provide water and
sewer to the Pelican Bay residents if they annex --
COMMISSIONER HALAS: That's true.
COMMISSIONER HENNING: -- therefore, that is the
negotiating item with the surcharge for the county residents that are
using the city services. And I most definitely agree.
COMMISSIONER HALAS: Okay.
COMMISSIONER HENNING: But I know that we have a
number of speakers. And before the board takes action, we ought to
hear from the public.
Page 38
February 8, 2005
COMMISSIONER HALAS: Definitely.
CHAIRMAN COYLE: Call the first speaker.
MS. FILSON: Mr. Chairman, we have four speakers. Madeline
Ebelini. She will be followed by Jim Carter.
MR. MUDD: Mr. Chairman, just as an item, it's the Pelican Bay
County Park, and that's the proper name of it.
MS. EBELINI: Good morning. My name is Madeline Ebelini.
I'm an attorney with the law firm of Fowler, White, Boggs, Banker,
and we represent the Pelican Bay Foundation, the property owners
association representative of all the commercial and residential
property owners in Pelican Bay.
The foundation has asked us to research the history of the
installation of the utility system and the 1990 takeover of that system
by Collier County, the system within Pelican Bay, and to provide an
opinion concerning the right of the Pelican Bay community to
continue to receive utility services, including reclaimed water from the
Collier County water/sewer district in the event Pelican Bay is
annexed into the City of Naples.
I'd like to thank you for the opportunity to speak to you today on
this very important issue.
I have a copy of our opinion letter, which I will provide to the
county clerk, but I'd like to share with you a few of the major points in
that letter.
In 1974 the Pelican Bay Improvement District was established by
special act of the Florida legislature to construct, operate, maintain the
water and sewer system with Pelican Bay, with one of the stated
purposes of that legislation being to ensure that the general public
interest and the interests of the ultimate landowners and residents of
the community of Pelican Bay, as developed, be served.
The special act contemplated that once the system was
established and constructed and viable, that a regional or county-wide
district would succeed to the powers and duties of the Pelican Bay
Page 39
February 8, 2005
Improvement District.
The special act provided the method by which the county could
succeed to the powers and duties of the district. And in 1990, the
county did just that.
At the time the county took over the district, it assumed
ownership of a completed and functional utility system, including
water, sewer, and reclaimed water facilities, and the county acted to
interconnect the Pelican Bay system with the county system.
After assuming the role of successor governing board of the
district, the county adopted resolutions to dissolve the Pelican Bay
Improvement District and adopted an official plan of dissolution.
And the following are just two excerpts from the county's plan of
dissolution, entitled water, sewer, and irrigation utility services policy
direction.
Section 21.4, upon termination of the on-site sewage treatment
operation in Pelican Bay, the county will provide all irrigation water
to Pelican Bay, and it is in the public interest that Collier -- that the
long-range planning management and financing and upkeep and
operation of the water, sewer, and irrigation system within the Collier
County water/sewer district be uniform, efficient, and economical, and
to that end, Collier County plans to provide water and irrigation
services to the areas previously served by the Pelican Bay
Improvement District.
We respectfully submit that although the county may have
dissolved that special district, that it cannot ignore the statutory duties
imposed upon it by the Florida legislature when it created that district
and contemplated succession by the county.
In addition, Collier County expressly premised its takeover of the
Pelican Bay system on a continued provision of all utility services,
including, and expressly including reclaimed water.
The Florida Supreme Court has recognized that a reclaimed
water system is an integrated component of a water/sewer system, and
Page 40
.~_.~...._-,~---'''-----'"-_.''..---_..-
----
February 8, 2005
the county has treated the Pelican Bay system as an integrated system
for more than a decade.
We submit that the water/sewer district, as a public utility, for
them to take over the Pelican Bay system and the duties associated
with it and then to arbitrarily render one component of that system
useless by refusing to supply reclaimed water, in our opinion, would
not withstand legal scrutiny.
We respectfully request that the Board of County
Commissioners, as the governing body of the Collier County
water/sewer district, reconsider resolution 2004-03, and any policy
which would violate the district's legal duties and obligations to the
community of Pelican Bay.
CHAIRMAN COYLE: Thank you very much.
Next speaker?
MS. FILSON: Next speaker is Jim Carter. He will be followed
by Henry Price.
MR. CARTER: Good morning, Commissioners. Jim Carter, for
the record, consultant for governmental affairs for Pelican Bay
Foundation.
I put some notes together this morning based on really my
experience of sitting where you sit in trying to look at a picture that
would say, if I was still there, how would I begin to absorb this
material and think about a major community within Collier County?
Pelican Bay has some 13,000 tax-paying residents that reside in
this community. One of the things always that bothered me was
making sure that we had everybody included in the process, and the
foundation is coordinating the efforts with all of Pelican Bay's various
organizations, property owners, president's council, their taxing
authority, to consider annexation to the City of Naples.
The Pelican Bay Foundation has been working on this annexation
process for over a year. We have researched the subj ect for our
residents, we communicated to all the residents through town hall
Page 41
February 8, 2005
meetings, association meetings, president, the council that sits out
there, the taxing authority, numerous publications in their own internal
TV system.
We, in May last year, petitioned the City of Naples requesting
consideration for an annexation, and that took place in May 2004. We
retained an annexation attorney, which you just heard from. We have
researched the Urban Services Report like you did in December of last
year, and are currently reviewing that data and doing our own due
diligence in terms of what all this means and how it might be
processed.
One of those things that carne out of all of this is we now need to
procure 50 percent of the landowners' signatures to move forward in
annexation, and that's currently taking place.
When this is met, we will advise the Naples City Council that we
are ready to move forward. City Council has to pace -- pass a
referendum to take annexation of Pelican Bay to a vote for the voters
of the City of Naples and the voters of Pelican Bay either in a special
election or during the city council's regular voting cycle in February
two-six (sic), and it seems at this point it looks more like February
2006 before this will go to the ballot.
Prior to the annexation vote, it is vital that the city and the county
engage in discussion on interlocal agreements so that there will be --
should annexation go through, services to Pelican Bay would not be
interrupted.
I would encourage the Board of County Commissioners to let the
county manager, the city manager, and the annexation attorneys work
out the interlocal agreements. Ultimately these are approved by the
Board of County Commissioners and the city council.
Any perception or act limiting the discussions on services would
be a terrible disservice to your constituents in Pelican Bay. Pelican
Bay will always be a major revenue source to the county's general
fund. Pelican Bay accounts for about 8.5 percent of the county's
Page 42
February 8, 2005
assessed valuation, which is $4.5 billion.
Pelican Bay, like the communities adj acent to the city, has a right
to determine who will provide primary governments through a petition
and election process. Regardless of what these communities do, they
are still part of Collier County, represented by the Board of County
Commissioners through their district commissioner.
I know as a former commissioner that you work hard to instill
trust in county government. The wrong action taken here today not
only has a negative effect on Pelican Bay residents as a perception of
interference in due process, a perception that you really are not going
to allow people to determine who will govern them, be their primary
governing body, but a lot of other people are watching this, and the
question they might raise, are you working for us or are you working
against us?
Let the annexation process evolve through the high road. The
annexation negotiation teams will do their work. Let them proceed
with that. Let's not encumber it, and let these issues be resolved before
body politic comes down and tries to eliminate certain sections.
Thank you very much for your time, Commissioners.
CHAIRMAN COYLE: Next speaker?
MS. FILSON: The next speaker is Henry Price. He will be
followed by your final speaker, Marvin Peterson.
MR. PRICE: Good morning, ladies and gentlemen. I'm speaking
as the chairman of the legal committee of the Pelican Bay Foundation
and as a resident, a taxpayer, and an elected constituent of Collier
County.
My perception as a lawyer and as a citizen is that the county
government is elected to serve its constituents, and as you have heard,
those constituents include the residents of Pelican Bay, some 13,000
of them.
I urge you that it's not a proper governmental function to attempt
to interfere with the free expression on the part of its constituents at
Page 43
February 8, 2005
the ballot box.
As a registered voter and as a constituent, I urge you to withdraw
this 2004 resolution, which is before you now on a motion to reaffirm
it, on the grounds that it threatens to punish Pelican Bay residents if
they vote their conscience in the annexation election.
Governmental entities should take every step, every step
possible, to enhance the freedom of the voters to express their will.
Speaking as chairman of the legal committee that -- of the
Pelican Bay Foundation and as a board member, let me assure you
that we take this matter very seriously, and that if such a resolution is
passed, in our view, it would reaffirm today, as it's being requested, it
would constitute a case in controversy which would be susceptible to a
declaratory judgment and injunction action in the Collier County
courts. And if such a resolution were passed, we would have no
alternative but to seek that recourse.
If the county does cut off the supply of effluent water, it would
subject itself also to, I believe, massive claim for damages from those
individuals who have previously received county effluent water.
If the county wants to forego the income from supplying effluent
water to Pelican Bay and if you would like to supply it to other
residents in the county that are not incorporated, then the solution, it
seems to me, to be one that Jim Carter suggested of let the city
manager and the county manager negotiate a resolution so that
eventually and with a -- not in a kind of rushed situation, let the city
take over the responsibility of supplying effluent water, which would
-- if they development some additional connection resources, they
would be able to do.
But this ought to be a matter for negotiation of an interlocal
agreement between the city water district and the county water district
and not a matter that is used to, in effect, intimidate the voters of
Pelican Bay and influence their right to make their own decisions by
this election. Thank you.
Page 44
~~---_.,,-
February 8, 2005
MS. FILSON: The final speaker is Marvin Peterson.
MR. PETERSON: Good morning. I'm the -- Marvin Peterson.
I'm the president of Pelican Bay Property Owners Association. We
are a voluntary group. The foundation is the legal substance of
Pelican Bay.
Pelican Bay Property Owners has been in existence, I suspect,
since almost the very beginning. We represent over 3,000 households.
The property owners, our goal, sometimes we react, sometimes we
start items, but we try to look at what might be best for the people in
Pelican Bay and try to use whatever influence or education that we
might have or give to our people.
At this point with annexation, we all know it carne up in the past.
Incorporation carne up in the past. These are processes that I think in
a growing community is necessary. We're now revisiting annexation.
What happened eight years ago is not the same today, as we all know.
The demographics of Collier County is extremely different than
it was when I moved here in 1994. In that time period, it seemed to
me that Collier County really was Pelican Bay, Park Shore and
Naples, and so on.
But this vast growth to the east, there's great responsibility for
this board to, you know, be considerate of that. And we don't feel that
we're going to get plowed over because of that, but by the same token,
it may be better for us to be a part of Naples.
We have not decided this. This is not a done deal. We are in the
process now of going through and trying to educate the people of
Pelican Bay. And as we all know, people don't like to do a lot of
study.
In our office we get telephone calls from people, why are we
going to annex? Well, have you read it? Have you gone to any of the
meetings? No. But, you know, if it ain't broke, don't fix it, you know,
one of those kind of statements.
We joined -- actually when this carne up, I was at a party, and we
Page 45
--"-
February 8, 2005
were talking to someone from Park Shore, and they said, gee, maybe
we should annex, or think about annexation. I took it to our board, we
did.
At that point I found out that the foundation was already on this
track. Weare supporting them and we will continue to support them.
We will do it to the extent that we corne to the conclusion that we
think it's the best thing for Pelican Bay.
What we expect is fairness. I don't think it's proper to read a
headline in the paper saying that the residents of Pelican Bay are
going to have to pay $100 million for the infrastructure. I think we
own the infrastructure. I think we've paid for it. We maintain it.
But even if that is not the case, the substance of that article didn't
support the headline, so it doesn't appear to me that statements like
this that are being made is fair. We just want fairness.
If it's concluded that we should be -- stay as a part of the county,
or if it's decided that effluent water isn't what our attorney said in the
end, fine. We live with it, but we expect fairness, and that's all we
want.
And I appreciate the opportunity to speak before you. Thank
you.
CHAIRMAN COYLE: Thank you.
Was that the last public speaker?
MS. FILSON: That was your final speaker.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: You know, what's surprising to
me is, from what I understand about annexation into the municipality,
they are -- the citizens requesting the annexation are looking for better
services, and yet, they still want to continue county services, in which
I feel that the city or the municipality should provide; therefore, I'm
really perplexed by the reason for annexation.
But I guess there's a legal question on whether irrigation water, as
stated by the county -- or the foundation's legal counsel, is something
Page 46
------._-'
February 8, 2005
that has to be provided with reused water. And what's the opinion of
our county attorney?
MR. WEIGEL: Thank you, Mr. Commissioner.
Well, we've reviewed the opinion of Fowler, White, the attorney
for the Pelican Bay Foundation, reviewed it very closely and
carefully, and they've done a lot of historical digging and pulled out
documents, of course, relating back to the initial '74 special act
creating the Pelican Bay District, and then went on and discussed in
their memorandum, and as Mrs. Ebelini indicated today, followed up
with additional language relating to the changeover that occurred
starting approximately 1990, thereabouts, where the county took over
the water and sewer responsibilities, and it became a part of the
Collier County water/sewer district.
And additionally since that time, albeit omitted in today's brief
discussion in the time she had, of course, there's been changes in the
law. In fact, the old special act, the 1974 special act is repealed, I
believe.
Since then, of course, other things that we have reviewed are --
include our agreements in 1990 with WCI. And, again, we think those
are pertinent to our review.
And the county attorney ultimate opinion at this point in time is
we think, in fact, the policy in place through the resolution 2004-03, is
not an illegal policy on its face and may not be inappropriate relating
to Pelican Bay in the sense that the policy is a -- nothing more than a
policy statement relating to the providing of effluent water within the
unincorporated part of Collier County. It's not law, but it is a policy,
and it's a statement of intent.
We also would note parenthetically, because I may corne back to
our opinion in a moment, that as Mr. Henning noted, there are
numerous communities and other -- well, communities will work, or
areas of need for effluent water within the -- within the unincorporated
area, and typically the call for annexation from an area is to achieve
Page 47
February 8, 2005
municipal services that are otherwise not provided in an
unincorporated. And in this particular case, water and sewer is
provided.
County attorney opines and agrees with counsel for the
foundation, that water and sewer would continue to be provided. It's
-- this is within the Collier County water/sewer district; however, in
regard to the reclaimed water, irrigation water, effluent, if you will, we
believe that there are distinctions that can be made, and to the extent
that the timing may prove appropriate -- and I would suggest that the
timing is not appropriate now -- as opposed to a statement made by
Ms. Ebelini that the county take an arbitrary decision to withhold or
stop effluent water from being provided to the Pelican Bay area, I
would indicated and expect that when the board, if it ever were to take
such action, would not be arbitrary, but would be based upon
significant marshaling of facts and considerations that they make.
And as one of the speakers indicated, that there are significant
responsibilities in the community, in the unincorporated area, that
have grown up and become responsibilities of this county and the
county board since 1994. And so in looking to the good of the whole,
they will -- this board will continue to make responsible decisions in
that regard.
And if that decision pertains to effluent water and the provision
of effluent water within Pelican Bay, I would say that there may corne
a time when, as opposed to the statement that it would not withhold --
withstand judicial scrutiny, the county attorney would assist this board
and the county government and would welcome judicial scrutiny
because we think that another opinion may well prevail, or certainly
could prevail in that regard.
And if you have any further questions, I'll be happy to answer
them.
COMMISSIONER HENNING: Are you saying that we should
take no action today?
Page 48
--...-...--....-.".-..-.-..'....".......'.-....---.----".,--
February 8, 2005
MR. WEIGEL: No, I didn't say that. And I think you may wish,
for clarity to the speakers, to indicate, again, that action that you are
requesting. It seemed to me it had to do with the chairman writing a
letter, I believe, and the county manager taking some action. I'd
appreciate a restatement of that.
But I don't believe that you're taking any action that's
inappropriate to the current policy in place of the board. And I would
remind us all, including the public, that before we get to aspects of
service and termination of service, is a significant question of
annexation itself and relative to the Grassroots process that must occur
and the election process that must occur before we ever get to these
other elements.
So, no, I'm not recommending that you change what you've
stated so far.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: Okay. Let me make a couple of
observations. I'm not going to take a side one way or the other on the
annexation issue. I believe that these two communities have the right
to make this decision without interference from their government.
Now, the question was asked earlier, why do you want to annex?
Now, I think the Pelican Bay residents have announced it pretty
clearly in the past, that they think they have not been dealt with fairly
by this board or prior boards.
They didn't like the decision that was made on Cap d'Antibes by
a prior board; they didn't like the fact that this board didn't reverse that
decision; they don't like the fact that they felt that they were
threatened with creating public access through their property, and now
to that list we are thinking about adding one other reason, and that is
that we are intentionally interfering in their right to make a free
selection.
And I don't mean that we're violating our laws or procedures.
But what we're saying by this particular suggestion is that we will
Page 49
February 8, 2005
refuse to sit down and negotiate in good faith with communities in our
county.
And when you -- when you send that message to any community,
that you will not negotiate in good faith about something that is
important to their decision-making process, I think you create even
more distrust of government.
So whichever way this goes, my position is that we ought to let
these people make their decision, we ought to conduct ourselves as
professionals, and we ought not to try to punish people because they're
considering a decision that we might disagree with.
They should have a right to make these decisions, and we should
not try to deter them from making that decision if they think it's in
their best interest, but we should negotiate in good faith to make sure
the interests of everyone are protected. And I see this proposal as
preempting that. It will not permit good faith negotiations with two of
the communities.
And Commissioner Henning was next.
COMMISSIONER HENNING: I'll -- I think I've spoken enough
at this time. I'll wait until my colleagues speak.
CHAIRMAN COYLE: Okay, all right. And I think--
COMMISSIONER COLETTA: Halas.
CHAIRMAN COYLE: -- Commissioner Halas was next.
COMMISSIONER HALAS: Yes. I somewhat have to disagree
with you, Chairman. I think that the county manager has made many
overtures to the city manager in regards to sitting down and deciding
how they're going to go through the process.
I don't believe anybody on this board has ever been -- or has ever
put Pelican Bay in a position where -- we did the very best we could
with the Cap d'Antibes, and I think you were sitting here that same
night, and we took, I think, basically two votes to see if we could
break the deadlock, and, of course, we couldn't.
And the other aspect of it is, had we pulled the permit or the
Page 50
__.~...._,..<.'_W'___ ~._~_._-"-,-_.-_..._-_...~..-,....__.__._..~--
February 8, 2005
approval of Cap d'Antibes, I think that we would have put the citizens
of not only Pelican Bay but the citizens of Collier County in a
situation whereby I think it would have been an astronomical amount
of sums of money in regards to lawsuits and the possibilities of the
ramifications.
So I think we're all here to do one thing, and that's to serve the
majority of the people here within Collier County and to possibly do
the right thing.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I have to agree with
Commissioner Halas, and I want to thank Commissioner Henning for
bringing this forward. I don't think there's ever a point in time where
we shouldn't discuss these items.
I don't think that we're being belligerent or taking someone on as
hostile action. I do believe it's the responsibility of the commission to
always be listening and asking the questions and asking them again till
we have a better understanding. I think when the time does corne that
we're going to rule fairly as far as how the county should stand on this,
and we're looking out for the best interest of all our citizens, and we
should continue to do so.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Well, you know, I don't see this
action item on the agenda is interfering with the action that the city --
or the foundation wants, and the City of Naples. It's not. It's just
reaffirming a policy that this board, and everybody sitting on this
board, created and voted for.
And we need to -- we know that annexation is going to happen in
the future, and -- like it should, but we need to be responsible and
make sure that municipalities are ready to provide services.
And that Urban Service Report is -- in my opinion, is not doing
justice by providing the services; therefore, I make a motion that if the
county, under annexation of Pelican Bay, is voted upon and approved
Page 51
February 8, 2005
by the citizens of Pelican Bay and the City of Naples, that we direct
the county manager to transfer the responsibilities of the parks and rec.
from the unincorporated area MS TV to the general fund.
Also in my motion, that we direct the county manager to
negotiate with the City of Naples and making them responsible for
providing services to the Pelican Bay residents and including
negotiations of water supply for irrigation, and if the city does not
want to supply water for irrigation, that the county provides potable
water for that irrigation. That's part of my motion.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
Is there a second to the motion?
COMMISSIONER COLETTA: For discussion purposes, I'll
give it a second.
CHAIRMAN COYLE: Commissioner Coletta, okay.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I wanted to know, with our
parks and rec. department, by transferring the parks, I mean, we're
happy to keep the parks in the county system; that isn't the point. I
was just wondering what it will do by transferring it from one fund to
the general fund. How does -- does that work out just fine with you or
-- I just wanted a comment on that.
MR. MUDD: Commissioner, I need to -- I need to go out and
evaluate that a little bit as far as the general fund is concerned. If
we're talking about the specific parks, they're within Pelican Bay.
Transferring them off of the unincorporated into the general fund, I
would say that that -- that's pretty minor.
COMMISSIONER FIALA: Okay.
MR. MUDD: If you're talking about the entire -- all the parks
that are out there in Collier County and switching them over, I need to
evaluate that --
COMMISSIONER FIALA: Yeah, because I didn't see that it
was harmful either, but then I thought, well, maybe I didn't understand
Page 52
February 8, 2005
as well-- you know, as well as I should. Okay.
I won't say any more. Thank you.
CHAIRMAN COYLE: Okay. Any other questions or comments
by other commissioners?
Then -- okay, Commissioner Halas?
COMMISSIONER HALAS: So just to get a clarification.
Specifically what are we talking about in regards to the parks? Could
you make that more clear of what you're referring to in the parks?
COMMISSIONER HENNING: You're asking me?
COMMISSIONER HALAS: I'm just asking anybody for a good
clarification of exactly what was put into your motion.
COMMISSIONER HENNING: That we direct the county
manager to --
COMMISSIONER HALAS: On the parks?
COMMISSIONER HENNING: On the parks, to -- if we're going
to run the Pelican Bay Park, that it should be corning from the general
fund.
COMMISSIONER HALAS: Why wouldn't it corne under parks
and rec.?
COMMISSIONER HENNING: Well, parks and rec. is funded
by the municipal service taxing district of the unincorporated area.
What is being asked is to still provide park services within, in this
case, the City of Naples; therefore, it should corne out of the general
fund money instead of -- instead of the unincorporated area residents
pay for it, let all the residents pay for it.
COMMISSIONER HALAS: Well, the unincorporated fund or
the unincorporated residents highly use that park, and I'm concerned
that there could end up being a fee charged to -- if it's -- if it comes out
of the general fund, there's a very good possibility we could run into
some situations like that happens with the city parks whereby the
residents are charged a fee for using those -- some of those parks.
COMMISSIONER HENNING: Commissioner, everybody pays
Page 53
February 8, 2005
into the general fund.
COMMISSIONER HALAS: I realize that.
COMMISSIONER HENNING: And I don't think anybody's
suggesting on having a different fee structure for this park if it's
annexed within the City of Naples like they -- like the city does to --
example would be Fleischmann Park.
MR. MUDD: Commissioner, just for clarification. All the beach
facilities that we have for the general public to use are general funded,
okay, out of the general fund, out of the 001 fund.
COMMISSIONER HALAS: Okay.
MR. MUDD: What Commissioner Henning, I believe, is putting
in his motion is that this one fund, this one park, the Pelican Bay
County Park, would corne out of the unincorporated fund, and that
fund being used for its operation and go into the general fund.
COMMISSIONER HALAS: Okay. Thank you for the
clarification.
CHAIRMAN COYLE: Commissioner Coletta.
COMMISSIONER COLETTA: Yes, and I need just a little more
clarification. How did we handle this with Marco Island with the park
that's there when they incorporated? Is it something similar? I mean,
I'm just trying to draw some comparisons so I have a better
understanding, or maybe Marla could help us with this.
MS. RAMSEY: It's a little bit different, I think, between --
MR. MUDD: State your name.
MS. RAMSEY: Oh, I'm sorry. Marla Ramsey, for the record,
administrative services.
I believe that there's a little bit of difference between Marco
Island and the Pelican Bay element in that Marco Island, the
community parks solely serve the incorporated area, the residents of
the island itself, where Pelican Bay serves a fairly wide radius of
people based on the location of that park, a lot of which are the Naples
Park area, the Vanderbilt area, and those all the way up to the Collieri
Page 54
February 8, 2005
County border.
So in the case with Marco Island, we actually turned over what
we considered were community parks to the municipality, and we kept
the regional parks underneath the county itself. In this regard, it kind
of sits on the border of both.
We do have parks within the city limits that are run by the
county. Bayview is an example of that, as are some of our beach
accesses.
COMMISSIONER COLETTA: So this park here is a general
purpose park for the population at large?
MS. RAMSEY: That's correct.
COMMISSIONER COLETTA: And I understand where you're
going with that.
The rest of your motion, Commissioner Henning, was to deal
with -- would you go over that one more time?
COMMISSIONER HENNING: Well, since there wasn't a
second let me --
COMMISSIONER COLETTA: No, you had a second.
CHAIRMAN COYLE: There was a second.
COMMISSIONER HENNING: There was a second.
COMMISSIONER COLETTA: I was a second.
COMMISSIONER HENNING: And the other issue was the
issue with the effluent water during the -- to have the county manager
negotiate with the city manager on -- for the city to provide the
irrigation water and if -- you know, if the city's not willing to do that,
then the county will provide the irrigation water through the potable
source, potable water instead of reused water, keeping with our
resolution.
COMMISSIONER COLETTA: Okay. I understand. Thank you
very much.
CHAIRMAN COYLE: Okay. County Manager, I've got a
couple of questions for you. If -- given our water treatment capacity,
Page 55
February 8, 2005
are you prepared to provide potable water for irrigation for Pelican
Bay?
MR. MUDD: Yes, sir. The system, as of 7 December, could
handle that if that switch over was -- if we were told to do that.
CHAIRMAN COYLE: And what is the usage on a daily basis?
MR. MUDD: I want to -- I want to talk about their max first,
okay, because that normally happens during the dry season.
Dry season usage could get up to about 3.4 million gallons a day
for irrigation, and if you average it out over the year, it's something a
little less than two and a half.
CHAIRMAN COYLE: Okay.
MR. MUDD: Those are the numbers that I've seen, so I'd have to
go back and look again, but I think I'm pretty close.
CHAIRMAN COYLE: And 3.4 million dollars (sic) is a little
less --
MR. MUDD: No, gallons.
CHAIRMAN COYLE: 3.4 million gallons per day peak is a
little less than 10 percent of our entire production capacity, which is a
large amount.
You're right now at 39 million gallons a day maximum capacity.
Your effective production is probably in the range of 34 or 35. So
you're thinking about saying to the City of Naples that I'll give you 10
percent of all of the county's available water production to put on your
lawn? Is that what you're saying?
MR. MUDD: I didn't say that to the City of Naples.
CHAIRMAN COYLE: But that's what this motion is going to
direct you to do, to negotiate with the City of Naples. And if the City
of Naples does not want to provide reused water for Pelican Bay, you
will provide potable water for the purpose of irrigation for Pelican
Bay. That's what this motion says.
MR. MUDD: Yes, sir. I will -- I will also tell you that when you
-- when you go into a potable water system, you also fall under the
Page 56
February 8, 2005
water restrictions where you water three times a week, and I have no
idea what that would do to that demand that I just mentioned to you,
those numbers. I believe that would lessen the amount of water that is
being used for irrigation in that particular community.
CHAIRMAN COYLE: Okay. I think that is a highly
irresponsible position to take, but I'm not going to debate that right
now. I think considering the problems we have in providing potable
water to our residents in Collier County, to take any action that you're
going to provide millions of gallons, whether it's one million or three
million, for watering a lawn or a golf course, I think, is irresponsible.
But that's -- I just want to make sure that we understand those
implications.
And the whole board is now lit up. Who was first?
COMMISSIONER HENNING: Me.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: I just want to remind everybody
that 3.4 million gallons of reused water supply will be supplied to one
of those 41 people on our list for them to corne off of potable water to
be used for reused water, so it's a wash. It's not a waste of resources
or about anything. It's a wash. And this -- the fact is, the wash would
be potable water or reused water.
COMMISSIONER FIALA: I was next.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I just had a question. With the
City of Naples, I had understood -- and this was a while back, so my
information might be obsolete. I had understood that the City of
Naples at the time was not able to use much of their water during the
rainy season, and so they were dumping it into Naples Bay at, what,
three million gallons a day, and it was causing a lot of pollution and
other problems. Is that still the case?
MR. MUDD: Yes, ma'am. I believe they're trying to -- maybe
Mr. DeLony can shed some light, but I think they're trying to rectify
Page 57
February 8, 2005
that situation and increase their reclaim customers. But as of today,
they still dispose of their excess reclaimed water in the Gordon River.
COMMISSIONER FIALA: Oh, I see. So in other words, if you
and, say, Jim DeLony and the county -- and the city manager met to
discuss the water situation, there might be some type of an agreement
worked out amongst you to possibly change the effluent that's being
wasted in the city to be given to Pelican Bay; is that correct?
MR. MUDD: Yes, ma'am. I think that's one of the things that
we can talk about based on this particular motion that's on the -- on the
floor.
COMMISSIONER FIALA: Thank you.
CHAIRMAN COYLE: Commissioner Coletta? We're going
down the row.
COMMISSIONER COLETTA: No, it's Commissioner Halas
next.
CHAIRMAN COYLE: Commissioner Halas, go ahead.
COMMISSIONER HALAS: I think that's the win-win situation.
We're polluting the Naples Bay area. It seems me that the city -- they
didn't specify that, at least I didn't see that in the information that was
given to us nor to Pelican Bay in regards to how they're going to
address this issue.
So if they're disposing of effluent water in the Naples Bay there,
then I would think that the only way they -- it seems to me all they
need to do is hook up to the reclaimed water system there that's
presently there, problem solved.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I know that some people
are going to say that we're meddling, that we have no business being
here. And to those people, I say, you're wrong. We're elected
officials and we're doing exactly what we're supposed to do. And
we're giving direction, based upon what we know at this time, to the
county manager to be able to proceed to make this whole system
Page 58
February 8, 2005
work.
Who wants to work in a vacuum where the county manager
works with the city manager and the entities down at Pelican Bay that
have an interest in this, with absolutely no conception of what the
commission feels or how their directions are going to be. Why waste
a tremendous amount of time by not giving the directions? I think
we're doing the right thing and we should proceed with Commissioner
Henning's motion.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: I just have one other thing to state
here. I believe there's been numerous attempts by the county manager
to have dialogue with the city manager. So in this motion, what's
made it any different in regards to, that the county manager will have
a dialogue with the city manager?
I hope that the city takes it upon themselves to realize that their
manager has to get in contact with the county manager so that we can
get this dialogue started. Am I correct, County Manager Mudd?
MR. MUDD: Commissioner, we -- I sent a memo over to -- the
memo that you received on 13 December basically said, here's some
items that we need to talk about. I think I mentioned the 25 percent
surcharge as a negotiating issue, and I think I also talked about some
practices where the city charges county residents more to use the park
than -- you know, we basically charge everybody the same. Sir?
CHAIRMAN COYLE: Okay. I'm sorry. Go ahead.
MR. MUDD: We okay with the button?
CHAIRMAN COYLE: No. It didn't have anything to do with
that.
MR. MUDD: The -- and I -- we sent that memo over based on
your direction to start negotiations with the city.
We've had one meeting where we talked about those particular
issues. The 25 percent surcharge issue about getting rid of that -- off
of the county residents when we would serve Pelican Bay some 40
Page 59
February 8, 2005
percent of the city population. That was not looked on in a good light
as far as the city manager was concerned.
I will tell you that 25 percent surcharge, based on information he
provided, represents $1.4 million of additional revenue to the city.
And at that the meeting he wasn't willing to offer that particular item
up on the table.
We also broached the issue about reclaimed water. Nothing was
said based on his legal opinions that he's received. He's basically
considering that a given by the county to Pelican Bay when it becomes
part of the city.
And the last part about the parks and the different fees between
city residents, what they pay, and county residents pay in city parks,
he said he would take a look at those particular instances and get back
with us.
And that meeting happened, I believe, the first week of January.
Leo, you were in the meeting with me. And we haven't heard
anything back yet on that particular item.
COMMISSIONER HALAS: I'm concerned that we're providing
all the service. What's the city providing in this annexation? I would
think that the reason people annex in is because there's a greater
benefit than staying with the county. So that's where I'm concerned in
regards to this whole process.
But, hey, I'm not going to stand in the way of whatever the
citizens of Pelican Bay and the city want to get involved in. I just
think that they need to take a real close look at what they're getting in
regards. And I always thought that annexation was for the betterment
of everything.
CHAIRMAN COYLE: We have two more commissioners who
have questions. I'm going to ask the commissioners if they have
anything that would prohibit us from proceeding with calling the
question.
COMMISSIONER HALAS: No.
Page 60
February 8, 2005
COMMISSIONER HENNING: Yes.
CHAIRMAN COYLE: Commissioner Henning, it looks like
you've got the votes to do it. Go ahead.
COMMISSIONER HENNING: Yeah. One thing I failed to put
in the motion is the further -- direct the county manager to negotiate
with the city manager about the surcharge to the county residents on
the services of water and sewer that Commissioner Halas brought up,
which are most of East Naples residents who are -- you know, some of
them are on -- a lot of them are on fixed incomes and that. And it's
just, you know, if we're -- let's take responsibility if -- if we want to
change how people are governed.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER HENNING: I'm going to add that to my
motion.
CHAIRMAN COYLE: Okay. I got it.
COMMISSIONER FIALA: Yes.
COMMISSIONER COLETTA: And I'll add to the second.
COMMISSIONER FIALA: Okay. I just -- I was just concerned.
I don't know if -- in my feeling, have we corne far enough that -- that
we have a set plan, or do you feel we should be pushing the issue
more of you dealing or, rather, with you communicating with the city
manager, or do you need this direction to help you communicate with
the city manager?
COMMISSIONER HALAS: He's already got -- he's already had
direction from us before on -- from the board for direction to have
dialogue with the city manager. And at this point in time it hasn't
occurred, and he's done everything in his power to start the negotiation
process.
COMMISSIONER FIALA: Because I -- you know, I believe
that --
COMMISSIONER HALAS: So I don't know what it's going to
get you.
Page 61
February 8, 2005
COMMISSIONER FIALA: -- the Pelican Bay people have a
right to make decisions for themself. They probably ought to -- need
to know kind of what pains we're going through right now trying to
work with the city so that we can corne up with an agreement. And--
and who will -- I think the city could provide effluent easily rather
than dumping it into the bay, in my opinion. But I think those things
need to be negotiated and worked out amongst you, and I don't know
if this vote will hamper that in any way.
CHAIRMAN COYLE: Okay. I'm going to call the question, but
I -- it's important that I clarify one thing about the effluent that's going
into the Naples Bay. It goes in the Naples Bay only during rainy
season when there is no user for the effluent water, so they can't
provide it year round.
COMMISSIONER FIALA: They don't have storage?
CHAIRMAN COYLE: No, no, they don't. So there's nothing
else they can do. And the same way that we dispose of our effluent
water when we don't have enough --
COMMISSIONER HALAS: I believe they're doing that on a
daily basis even during the wet season -- or the dry season.
CHAIRMAN COYLE: No. They're controlling it substantially
during the other period of time. But nevertheless, I'm going to call the
question.
I'm going to try to restate the motion. Commissioner Henning,
you tell me if I make a mistake here. The motion will require that any
public -- any Collier County parks in Pelican Bay would be funded
from the general fund in the event there's annexation, that effluent
water will not be provided to Pelican Bay, but the county would be
willing to negotiate with the city. If the city can't provide effluent
water, the county would provide potable water for irrigation; and that
any negotiations between the county manager and the City of Naples
with respect to providing water/sewer services in Pelican Bay
following annexation, they would -- you would expect that the
Page 62
,- .-..-,-...-..-."-.,,---.-,...,.,-.......
February 8, 2005
surcharge for county residents would be removed by the City of
Naples.
Does that state all the elements of your motion, Commissioner
Henning?
COMMISSIONER HENNING: That's correct.
CHAIRMAN COYLE: Okay. All in favor of the motion, please
signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: All opposed?
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: No, aye.
Okay. We have three for and two opposed. Commissioner Fiala
and I oppose the motion. The remaining commissioners are in support
of it. So the motion passes?
MS. FILSON: Uh-huh.
CHAIRMAN COYLE: And we are going on to item H.
COMMISSIONER FIALA: Don't you want to take a break for
our --
CHAIRMAN COYLE: Yes, we do.
COMMISSIONER FIALA: -- court reporter?
CHAIRMAN COYLE: We're going to take a 10-minute break.
(A brief recess was taken.)
CHAIRMAN COYLE: Okay. We have a quorum.
MR. MUDD: Ladies and gentlemen, please take your seats.
Mr. Chairman, you have a hot mike.
CHAIRMAN COYLE: Okay. County Manager, it looks to me
like we're going to -
Item #9H
Page 63
February 8, 2005
RESOLUTION 2005-91 EXTENDING THE TERMS FOR KATHY
PROSSER AND WILLIAM POTEET, CHAIR AND VICE-CHAIR
TO THE LAND ACQUISITION ADVISORY COMMITTEE -
ADOEIED
MR. MUDD: 9H.
CHAIRMAN COYLE: 9H.
MR. MUDD: And that is a recommendation to extend the terms
of two members of the Land Acquisition Advisory Committee.
MS. FILSON: On this item we're asking that two members'
terms be extended for 30 days or until we can get the appointments
made because they're having a meeting --
COMMISSIONER HENNING: Move to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion to approve by Commissioner
Henning, second by Commissioner Fiala.
Any discussion? .
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It is unanimous.
Item #9I
RESOLUTION 2005-92 TO REACTIVATE THE PUBLIC SAFETY
Page 64
February 8, 2005
MR. MUDD: The next item, Mr. Chairman, is 9I, and it is a
recommendation to reactivate the Public Safety Coordinating Council,
and that's at your request, sir.
CHAIRMAN COYLE: Okay. Just as a matter of explanation to
the public and to the board members, the Public Safety Coordinating
Council is a council which is required by Florida statute, but for some
reason has not been active here in Collier County for at least five
years.
Chief Judge Hugh Hayes and I have had discussions. He has
strongly recommended that we begin to have this -- have this council
constituted again and have regular meetings. I tend to agree with him.
It serves a lot of public purpose.
And if anybody is interested in the people who are supposed to
be members of this group, I'll be happy to go through it, but I'm
presuming that you have read the executive summary. I doubt if
there's a need to do that.
But very briefly we'll -- it will include the state's attorney, the
sheriffs department, the courts, and, of course, Collier County and a
defense attorney representative and people of that type, to deal with
items of public safety.
So there are two commissioners who want to say something.
Commissioner Henning?
COMMISSIONER HENNING: Well, it appears to me by the
letters from the judge to take a look at the needs -- the space needs of
the court and the sheriffs department, and instead of creating another
committee, why don't we just ask some of our existing committees to
take a look at the needs and make recommendations to the Board of
Commissioners?
CHAIRMAN COYLE: Well, the reason for that is that the
Florida statutes require this committee. And if you'll look at the
statute, you will see that we are required by the State of Florida to
have it. It says, each Board of County Commissioners shall establish
Page 65
February 8, 2005
a county Public Safety Coordinating Council. That is Florida statute
951.26.
And it specifically lays out who must be a member of this
committee and what the responsibilities are. So it is an effort to corne
into compliance with Florida law.
COMMISSIONER HENNING: Well, I'm confused why we had
one and then it was dissolved.
CHAIRMAN COYLE: Well, I'm confused, too, and I don't have
an answer to that. I don't know of anybody here that does.
MR. MUDD: Commissioner, I don't believe -- I don't -- let me
help just a little bit. I don't believe -- with all the garbage cans here,
I'm having a tough time seeing David.
It wasn't dissolved. We've had an active committee, an active
committee in the past. For some strange reason they felt no need to
meet prior to a letter from the sheriff and then a letter from the chief
judge here recently.
When the county attorney went and did a search on this particular
committee to try to find the details, we found no resolution from the
board for this particular committee. I believe he found a series of
minutes from past committees, and he thought it would be better just
for the future in case we ever get -- another board ever gets itself in
this situation where the board activates for an intense period of time
where they discuss particular items because there's issues to
investigate, try to resolve, try to make recommendations to the -- this
board, that we put this on the record with a -- with a resolution to
officially reaffirm, reactivate, this particular board because it was
never done in the past.
David, I hope I --
COMMISSIONER HENNING: Then I'll make a motion to
approve then.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Commissioner Halas, you have a
Page 66
February 8, 2005
question?
COMMISSIONER HALAS: I just hope that -- reactivation of
this, that we have closer working ties with the sheriff and the Board of
County Commissioners and the rest of the staff so that, hopefully, we
can work more closely together.
CHAIRMAN COYLE: Yeah. I think there are a lot of positive
benefits to this, not just because the sheriff is involved, but because all
of the representatives of the judiciary and the law enforcement
community are involved in this process, and I think we'll get a lot
better feedback and a lot better coordination.
We have a motion by Commissioner Henning for approval, a
second by Commissioner Fiala.
Is there any other discussion from the board?
(No response.)
CHAIRMAN COYLE: County Attorney?
MR. WEIGEL: Thank you. I would appreciate that the record
reflect that if this motion is approved, that a resolution number be
reserved and that the county attorney will prepare a resolution
consistent with the board's motion and the statute in question here.
COMMISSIONER HENNING: Part of my motion.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. And the second? Okay. It is
incorporated into the motion.
All in favor, please signify by saying aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It passes unanimously.
Page 67
__"'_'__""__N_"__._,.
February 8, 2005
Item #lOA
RECOMMENDATION TO APPROVE THE NEW CONTRACTS
THA T HAVE BEEN NEGOTIATED WITH IMMOKALEE
DISPOSAL COMPANY, INC. AND WASTE MANAGEMENT,
INC. OF FLORIDA FOR SOLID WASTE COLLECTIONS
~,S - A-eEROVED
MR. MUDD: The next item, Mr. Chairman, is item lOA, and it's
a recommendation to approve the new contracts that have been
negotiated with Immokalee Disposal Company, Inc., and Waste
Management, Inc., of Florida for solid waste collection services, and
Mr. Jim DeLony, the public utilities administrator, will start this
presentation.
MR. DeLONY: Thank you, Mr. Mudd. For the record, my name
is Jim DeLony, public utilities administrator.
Item -- agenda item lOA is a final report concerning the new
solid waste collection contracts that your staff has negotiated with the
Waste Management, Incorporated, of Florida, and Immokalee
Disposal Company, Incorporated.
Following your direction that you presided -- gave to staff on the
8th of June in 2004 and again on the 30th of November in 2004, we
have performed both the technical and legal analysis that we feel fully
and sure that we have the absolute best value for the county as
represented in these contracts.
Staff has considered local, state, and national solid waste
management trends. And in light of our work, I am confident that we
have not only followed your direction, but we have negotiated, as I
said, a significantly better contract and a better commitment with
regard to our level of service than what is currently in place in the
county today.
And with that, I'll turn the presentation over to Mr. John
Page 68
February 8, 2005
Yonkowsky, who is our project manager. He will provide you a brief
overview of the proposed contracts and our staff recommendations.
MR. YONKOWSKY: Good morning, Commissioners. For the
record, my name is John Y onkowsky. I'm your utilities billing and
customer service director.
The executive summary that was in your package provides an
overview of the contracts, and the contracts themselves have also been
made available for your review. What I'm going to try to do in this
presentation is to highlight some of the key elements of the contracts.
As Mr. DeLony indicated, staff has followed the direction that
you provided to us on June 6th and November 30th of last year.
We've negotiated a better level of service for both districts.
Consistent with your guidance, we've negotiated what we think is
a legacy opportunity for the board in District 1, with the increased
ability to make available increased recycling.
In District 2, we've negotiated lower pricing with improving the
current level of service. In both instances we've negotiated a
substantially better contract.
For these reasons, staff recommends that you execute the new
contracts with Waste Management, Inc., of Florida, and Irnrnokalee
Disposal.
On this slide, slide three, it just tells you the agenda of the steps
that I would like to take you through real quick this morning. And the
next slide is the integrated solid waste management plan.
Approximately four years ago you approved this plan. And you
can see from the check marks that the short-range and
intermediate-range goals that you have given staff have been
accomplished. We're now in the long-range goals. We're in step four
of the long-range goals, which is in red on that slide.
Prior board direction, just to reiterate, on June 8th the board gave
us direction. You approved the recommended enduring guiding
principles. You told us to negotiate with the existing vendors and to
Page 69
February 8, 2005
bring back same price, same level of service as bare minimum, and
explore collection options.
And if you remember those four options that we had, you· -- on
November 30th, your direction was to take option B in District 1,
option B being the recycling cart, the one that's in the middle; and
option A in District 2, which is to keep the same level of service with
-- using the recycling bin.
And then you asked us or gave us directions to provide additional
benefits to businesses. In a little bit -- in a little while we'll talk about
that, some additional benefits to the businesses.
Contracts overview. On this slide there's several -- 10 major
elements, but I'm going to try to highlight for you about five them that
we think are the most significant in this.
The first one is the county control. There's better control by the
county. This particular -- these contracts give the county the authority
to decide many issues and questions that may arise during the
providing of service.
In the existing contract we do not have that type of authority.
We have some control, but nothing nearly as significant as what is in
this contract.
The proposed contracts also expand the county's authority to
make Irnrnokalee Disposal and Waste Management take corrective
action.
As an example, even though we're doing it right now, we don't
have the authority to do it. Under the new contract, if there is a
problem with a vehicle leaking or malfunctioning, under the new
contract we have the right to make them take that vehicle back to the
barn and take it out of service until it's repaired. We have the
contractual right to do that.
The second item is the better performance standards. The
proposed contracts contain performance standards. And as a matter of
fact, if you looked at one of the standards that's in there, it's the
Page 70
February 8, 2005
county's missions and goals. That's incorporated right into the
contract. But the perform -- the daily operating performance
standards, there's a significant improvement to them.
On the enforcement side, the proposed contracts expand the
county's authority to collect -- and the contract calls it liquidating
damages -- but it's fines. And the fines are in there. They're
significantly increased and expanded to a large number of items that
have been -- seems like they've been a potential plague to us from
time to time.
The next one is better process for handling customer complaints.
As each one of you commissioners know, the calls go to Waste
Management, they go to us. We don't know who initiated the call or
who's taken the action in certain times. It takes longer to get that
information put together.
Under the new contract, all the calls will corne to county staff
and that -- and then we will contact either Immokalee Disposal or
Waste Management to make sure that the complaint is handled. They
will report back to us and we will verify that it has been handled with
the citizen.
This gives you the ability to have direct control over the -- how
the complaints are handled and addressed.
The last one that I want to talk to you about is the better
commercial rates. After the meeting on November 30th, we went
back and negotiated a reduced rate for -- the conversion rate for the
tonnages, and so the commercial rates for compaction has gone down.
On this next slide, option B, which is District 1, this is comparing
the levels of service. The items in red are changes or enhancements to
the services. The recycling cart that we're going to be using, the 64 --
MR. MUDD: John?
MR. YONKOWSKY: Yes, sir.
MR. MUDD: Just describe District 1 again for the listening
audience, because they might not understand what District 1 or
Page 71
February 8, 2005
District 2 is.
MR. YONKOWSKY: The county actually is divided into three
districts. District 1 is the western part of the county, and that is the
district that Waste Management has. It has a significantly larger
number of mandatory service requirers there.
And District 2 is the Immokalee district. It starts just north of the
county fairgrounds and covers the eastern part of the county.
District 3, that large area that belongs to the federal government,
we call that District 3, and it's not -- service isn't provided to either --
by either one of the carriers in there.
On this slide, the second thing that has been improved, and that's
where -- the yard trash collection once a week, up to 10 bundles. One
of the problems that has haunted us is the fact that we allowed part of
those bundles or all of those bundles to be in heavy plastic bags, and
then that causes a problem with the landfill.
So under the new contract, there will be no plastic bags. The
yard waste, the horticulture, will either go directly in a can or be
bundled to be picked up.
And then the third from the bottom, the electronics collection,
curbside once a week, which you have not had before. People have
had to take that electronics, they either put it in their roll-out cart or
take it to one of the recycling centers or a recycling drop-off, and it
will be picked up curbside and taken to the recycling center, bundled
or palleted and taken to Tampa.
Quick overview on the option B. The current level of service has
been enhanced. We're recommending that the implementation take
place a year earlier to take care -- or to take advantage of the contract
improvements and the reduced rate, and it's an opportunity to extend
the life of the landfill through increased recycling.
Ifwe are successful in increasing the diversion from the landfill
or through increased recycling from 26 percent, which it currently is,
to 32 percent, the net present value of that is $8.2 million, which was
Page 72
February 8, 2005
basically taking and extending the landfill somewhat and then
bringing it back to today's dollars.
On the collection pricing for option B, the -- and I want to point
out at this time, because this is always an area that may corne back to
haunt us if we don't really stress this, that your mandatory pricing
consists of a three-legged stool. One is admin., one is the collection
services, and the third is the disposal.
This contract just deals with the one leg. That's the collection
side. And I wanted to put that on the record so that the rates here
under the current scenario shows you that if the existing contract, what
the price is today of79.81, on October 1,2005, starting for fiscal year
2006, the price would be 81.65. That's option B, an eight-year
contract with the -- for District 1.
Under option B, what we're recommending, the fiscal year 2006,
the proposed, would be 91.44, and the annual cost difference is $9.79.
It was over $10 when we carne to you in November. It's $1.20 less
than it was in -- November 30th when we made the presentation to
you.
The monthly difference cost is 82 cents, so it -- under option A in
District 2, there's two enhancements. One is the change in the -- from
the use of bags to pure bundles so that we don't have the bags in the
landfill, and then the electronics collection is going to be available out
there also.
An overview, you got a slightly lower price, as I'll talk to you in
just a minute, and we can implement it one year earlier, just like the
other contract in District 1. The contract end, as Commissioner
Coletta had requested, the -- to be able to implement recycling cart
services in the future. There is a contractual process that enables the
county to implement recycling cart services in the future.
Under the pricing in the District 2, which you directed us to go
with option A, and it's an eight-year term. The current scenario would
-- this year the collection cost is 83.67 to the citizens in District 2. In
Page 73
February 8, 2005
2006, using the current contract, it would have been 85.59.
Under option A in the proposed, in the contract for 2006, it will
be $82.38. The annual cost difference is a decrease of$3.21, or 27
cents a month that it's actually going to go down.
And this is a question that you were concerned about. And if you
look at this chart, it shows the comparison of the counties. And the
one right in the middle is Collier County. And even with the addition
of the cart, we're still down in the lower middle part of the chart.
So -- and please remember, too, that as we discussed, that level of
service in Collier County is significantly greater than the level of
service in anyone of those counties.
Project time line. Just to briefly go over, June 8th, that was when
you adopted the enduring guiding principles. June through January of
2005, contract negotiations. November 30th, 2004, we presented it to
you and you confirmed our policy and told us to start a negotiating --
or finalize the negotiation of the contracts.
Today if you approve the final contracts, they will commence in
-- on October 1 st, and we will have an implementation plan put
together and be ready at that time, if you approve it.
Recommendation is that the board execute or approve the
execution of the new contracts that have been negotiated with
Immokalee Disposal and Waste Management of Florida for solid
waste collection services.
Then I'm going to let -- turn it back over to Mr. DeLony for
closing remarks.
MR. DeLONY: Thank you, John.
For the record, Jim DeLony, public utilities administrator. That
really concludes our presentation, other than with your questions
today and any discussions you may have for staff.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Under the electronics collection, is
there going to be some type of a container that will -- that you can put
Page 74
February 8, 2005
the electronics in or -- and does this also include batteries? A lot of
people these days have surge protectors for their computer systems
and backup battery supplies, so that's a question that --
MR. DeLONY: John?
MR. YONKOWSKY: John Yonkowsky again. Commissioner,
they're going to be able to set their electronics curbside, and a truck
will corne around and pick them up, and yes, it does include the
rechargeable batteries.
COMMISSIONER HALAS: What about flashlight batteries?
MR. YONKOWSKY: No, sir, it does not include flashlight
batteries.
COMMISSIONER HALAS: So we just throw them in the
regular waste, or can we --
MR. YONKOWSKY: No.
COMMISSIONER HALAS: Can we --
MR. DeLONY: Yeah. The recycling of the electronics is, as you
know, a very critical problem nationwide. This is our first step in that
area.
Flashlight batteries, we'd ask that you take those to the household
hazard waste center or one of our recycling centers and dispose of
them. We do not want you to put them in your trash. And we have
not currently provided for flashlight batteries to be part of this
initiative. We can take a look at it and see if it's feasible. I'm not sure
it is, but I will take a look at it if that's your request, sir.
COMMISSIONER HALAS: I was just looking at the possibility
of maybe a -- if we sat a pail out by the curb with used flashlight
batteries or --
MR. DeLONY: Yes, sir.
COMMISSIONER HALAS: -- camera batteries or anything of
this nature where we can set a pail out there at the curbside, would
they be picked up?
MR. DeLONY: Those nickel cadmium batteries that you're
Page 75
February 8, 2005
talking to, we'll take those under the recycling initiative as best we
can. I'll take a look at it. I can't answer it today.
Our first thoughts were to go into the process of reclaiming
appliance -- no, electronics appliances, computers, TV s, these
high-end items. We use our collection days that we run a couple three
times a year, as well as are opened -- our great opening hours that we
have at recycling centers for customers to bring those items, as you
mentioned, to us. I'll look and see if we can incorporate it into this to
see if there's a cost differential whatever, and I can corne back with
that at a later date and give you any information. I'm just not prepared
to address that today. Quite frankly, I didn't think about it, and so -- I
wish I had.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Thank you. Commissioner
Halas brought up a very good point when it comes to those batteries. I
know of no one that takes them to the recycling center. I think they
look at them as a little innocent battery and they throw it in their
garbage, when the truth of the matter is, they contain many dangerous
elements, including mercury that gets into our environment.
Possibly you may give some thought to, when we get the
recycling barrels, rather than the batteries just be dropped in the --
have them to go sink to the bottom and be lost or be abused in the
handling where they might become a danger to the people that are
handling them, possibly just a Ziploc bag where they might be able to
put them in. Just a suggestion. But my real issue isn't that.
MR. DeLONY : Yes, sir, I understand.
COMMISSIONER COLETTA: My real issue has to deal with
what kind of teeth are in this contract to be able to avoid the situation
that we've been experiencing east of 951 as far as the lack of
promptness in garbage service, and I'm not talking about once or twice
during the holidays. I'm talking about numerous occasions where
Waste Management, because of one reason or another, failed to
Page 76
February 8, 2005
provide a service in a timely basis that people expect.
MR. DeLONY: All right, sir. I'm going to ask John to give the
specifics of the LDs, and I'll corne in behind him with some -- with
something more to say.
John?
MR. YONKOWSKY: John Y onkowsky again.
At section 28 of the contract, it has numerous fine -- capability of
fining. And we do not want to fine them, but we did not have the
teeth before.
The existing contract has it set up so that you have to hit a certain
percentage of misses like you're talking about where they missed the
trash and didn't pick it up. And under the new contract, there is no
percentage. It's each one individually, and it's a significant amount.
For the changes that's going, we are going to look at, since we
have a lot more control now, at shuffling the size of the districts. I
know what you're talking about, it's a Wednesday and -- Wednesday
and Saturday, and I get that, too. And mine gets missed periodically.
The growth has taken a turn in that area, where people are in
there for Wednesdays and Saturdays, it's huge. It's too large, and we
will make a change to it. And that's another reason.
And I think the service will change, too, Commissioner Coletta,
because using the recycling carts for recycling is going to make it the
same kind of trucks that will be available. And they are going -- they
have said very -- that they are going to bring in some new, additional
trucks to -- a preventative maintenance program that they will have on
these vehicles.
We weren't that accessible to it before. Under the new contract,
we are accessible to it.
COMMISSIONER COLETTA: And that's good, because our
residents, they expect that when they throw the light switch, the lights
will go on, when they turn the faucet, water will flow from it, and they
expect that their garbage will be picked up in a timely fashion.
Page 77
February 8, 2005
But once or twice a year it's to be expected that something will
happen, especially at the holiday season when they miss a day because
of the holidays, when we -- they miss a day because of the holidays,
and these people deserve the holidays as much as anyone else. That's
understandable. But we're not talking about a few occasions. We're
talking about almost weekly now for quite a few months.
And I am glad to know that we're heading towards that ultimate
correction that Waste Management's going to bring this online. But I
think we have to have a jaded eye on this whole thing, because Waste
Management has made numerous promises that they've solved the
problem much to my embarrassment. When I went to my constituents
and I said, the problem's taken care of. Don't worry about it. It won't
happen again, then the next week they miss. Then they missed the
following week. It was almost like it was an intentional conspiracy.
Of course, it wasn't, but they shouldn't make promises that they can't
keep, and I still expect a public apology for what they -- the services
they provided during that period of time so that the people out there
understand that the county is trying to operate in good faith, that
Waste Management dropped the ball on this.
MR. YONKOWSKY: All right.
CHAIRMAN COYLE: And, John, with respect to answering
Commissioner Coletta's questions, is it not true that changing the
complaint handling process should give you better control over this?
In other words, rather than customers calling Waste Management
about problems, they will be calling the county and you will be
immediately aware of any problems, whereas before, it was filtered
through Waste Management; is that not correct? That should result in
a lot better control and a lot better response to those problems.
MR. YONKOWSKY: Yes, sir. We believe that that's exactly
the case.
CHAIRMAN COYLE: Okay. Thank you.
COMMISSIONER COLETTA: Thank you so much.
Page 78
February 8, 2005
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes, just a few simple questions.
The first one is, with yard waste, being that people can't put anything
in bags anymore, say, for instance, they rake up a lot of stuff or pull
up a lot of debris --
MR. DeLONY: Yes, ma'am.
COMMISSIONER FIALA: I know I have three extra garbage
cans that I just put yard waste in. Is that acceptable?
MR. DeLONY: Yes, ma'am. That's exactly w~at we want you
to do is -- exactly what you're doing is exactly what we're asking
people to do in the future as opposed to putting it in a bag. And there's
a good reason for it, and I think that it's going to cause some education
and some readjustment maybe to some folks in the public.
But we take that debris that you put in yours cans and we take
that, and then it's reprocessed back as filler material or as mulch
material. And when the plastic is in there, it contaminates and we can
no longer use it for that.
So we -- really it's conservation and environmentally enhancing a
methodology that we're moving to. The plastic just doesn't allow us to
do that. We can't use it for that purpose because you can't -- you
know, it's impossible to get all those bags -- all that plastic out of
there, no matter how hard you try.
There also is a tendency sometimes to also commingle. When
you have a bag like that, you'll commingle that with something maybe
you really -- maybe that's not yard waste, and then that further
contaminates that material. And, again, that has to go to the landfill as
opposed to going to reuse or diversion away from our landfill.
So I think this will be an adjustment for some of our customers,
and we intend to educate as best we can and work with folks. But we
think this is a significantly better way to handle this particular aspect
of solid waste stream, ma'am.
COMMISSIONER FIALA: Great.
Page 79
February 8, 2005
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER FIALA: Oh, I have one more question --
CHAIRMAN COYLE: I'm sorry. Go ahead.
COMMISSIONER FIALA: -- if you don't mind.
On page 4 of 13, in the second paragraph it said that residents --
single- family residences in District 1, which is Waste Management
services, will be $91.44, but don't we pay something like 147 now or
something?
MR. DeLONY: Yes, ma'am, and I'll get that number from John.
As John explained, there are three components to your solid waste bill.
There's a disposal cost, which is what we're speaking -- disposal cost,
which is the landfill itself; there's a collection cost, which deals with
this contract, which is the number you gave of that 140 plus number
that you have in your -- in your tax bill -- what's going to be this year's
assessment, John?
MR. YONKOWSKY: 140.34.
MR. DeLONY: 140.34. Of the 140.34 that you'll see on this
year's tax bill, that $91 deals with the collection aspect. The
difference, ma'am, deals with administration and disposal, and that's
the reason there's a discrepancy.
COMMISSIONER FIALA: So could you tell me then, the 91.44
is just for the collection?
MR. DeLONY: Yes, ma'am.
COMMISSIONER FIALA: And then what are the other two
costs?
MR. DeLONY: John, do you have those at your hand?
MR. YONKOWSKY: No, I don't.
COMMISSIONER FIALA: It really didn't say that in here, and I
was --
MR. DeLONY: Yes, ma'am. The total bill will be 140.38.
COMMISSIONER FIALA: Yeah. I was just wondering what
the other costs were.
Page 80
February 8, 2005
MR. DeLONY: Right. Do we have those here today?
MR. YONKOWSKY: I don't have it with me.
MR. DeLONY: I can get those to you, ma'am.
COMMISSIONER FIALA: Okay. I'd appreciate it. Thank you.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yes. Upon the approval of this, if
we decide to approve this contract today, I would like to later discuss
about giving staff direction about corning up with an ordinance to
make sure that after we've gone through the educational process, that
people, the residents in Collier County, realize that we're very serious
about recycling.
I know of some instances in my location or my district where
people to this day will not recycle newspapers, will not recycle
anything. They said it's not their -- it's not their responsibility, and I
think it's everybody's responsibility to recycle.
And I think that we need to corne forward with an ordinance,
after we go through an educational process, to make sure that people
understand that we want people to get into the act of recycling to save
our landfill. So after -- however this vote goes, I think I'd like to bring
that back for discussion, and maybe we can give staff direction in
corning up with an ordinance.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: I'll get it.
I still believe that it's in the public's best interest to go out for bid
on whatever it is, but it is what it is. And after reviewing the almost
200 pages of contracts for solid waste pickup, I think our staff has
done an outstanding job trying to be responsible, not only to us, but to
our customers, the people who will enjoy the service.
In the contract it does talk about education of recycling items and
solid waste items. In the contract it also provides the stick in case
services are missed or improper handling of the solid waste.
In the contract it states the wishes of the board to go from a cart
Page 81
February 8, 2005
-- oh, I'm sorry, a container for recycles to a cart, and I think that's --
that's not only good for the environment, but it's also good for the --
our landfill and landfill airspace.
In the contract it also gives us the ability to negotiate throughout
the contract. It is a checks and balances. It is a system of using Waste
Management's technology and their GIS to better the process.
So we ought to commend our staff and our legal -- outside legal
counsel on providing a good contract to the residents of Collier
County, and with that I'll make a motion to approve.
COMMISSIONER FIALA: And I'll second it.
COMMISSIONER HALAS: Second it.
COMMISSIONER COLETTA: Second.
COMMISSIONER FIALA: That's what I was going to say, that's
why I had the light on.
CHAIRMAN COYLE: Why take a vote? It looks like it's
unanImous.
Any other discussion?
(N 0 response.)
CHAIRMAN COYLE: Do we have any public speakers?
MS. FILSON: No, sir.
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It's unanimous. Thank you very much.
MR. DeLONY: Thank you, sir.
COMMISSIONER FIALA: Good job.
MR. DeLONY: Thank you very much. We appreciate your
input.
Page 82
February 8, 2005
-- oh, I'm sorry, a container for recycles to a cart, and I think that's --
that's not only good for the environment, but it's also good for the --
our landfill and landfill airspace.
In the contract it also gives us the ability to negotiate throughout
the contract. It is a checks and balances. It is a system of using Waste
Management's technology and their GIS to better the process.
So we ought to commend our staff and our legal -- outside legal
counsel on providing a good contract to the residents of Collier
County, and with that I'll make a motion to approve.
COMMISSIONER FIALA: And I'll second it.
COMMISSIONER HALAS: Second it.
COMMISSIONER COLETTA: Second.
COMMISSIONER FIALA: That's what I was going to say, that's
why I had the light on.
CHAIRMAN COYLE: Why take a vote? It looks like it's
unanImous.
Any other discussion?
(N 0 response.)
CHAIRMAN COYLE: Do we have any public speakers?
MS. FILSON: No, sir.
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It's unanimous. Thank you very much.
MR. DeLONY: Thank you, sir.
COMMISSIONER FIALA: Good job.
MR. DeLONY: Thank you very much. We appreciate your
input.
Page 82
. ..~.._~.----
February 8, 2005
COMMISSIONER HALAS: Can I just state -- can I just bring
this up for discussion? Can we give staff direction to make sure that
people understand the seriousness of this recycling?
COMMISSIONER HENNING: Commissioner?
COMMISSIONER HALAS: Yes.
COMMISSIONER HENNING: Can I bring up something?
COMMISSIONER HALAS: Sure.
COMMISSIONER HENNING: I think if you get together with
the staff members, I think they'll tell you what the goal is. And if
that's not to your liking, I would encourage you to bring it back. If it
is, I would encourage you to do a county highlight on educating the
citizens on the importance of recycling.
COMMISSIONER HALAS: Well, I think we're going to do that,
but I think that also after we go through the education process, as I
said earlier, if people still do not realize the seriousness of us wanting
to have everybody get involved in recycling, then I think we need to
make sure that there's something -- there's a good stick in regards to
the residents who are not complying to what we're trying to
accomplish here.
COMMISSIONER HENNING: Make a motion to put that on a
future agenda, I guess.
MR. DeLONY: May I make a recommendation, sir? I really
would like to talk to you about this.
COMMISSIONER HALAS: Okay.
MR. DeLONY: And the reason being, I think that there's a lot of
things happening here this next six months for our solid waste
program. Let's talk about what we've done.
Today you've given us this opportunity here to provide the
residents a vehicle to do something different, an easy way --
COMMISSIONER HALAS: Okay.
MR. DeLONY: -- to do it, and we need to respond -- evaluate
that response and we need to educate, and we need to get the process
Page 83
February 8, 2005
moving, and we need to -- we need to do our jobs differently.
COMMISSIONER HALAS: I see.
MR. DeLONY: The second thing is that we've got commercial
recycling, mandatory recycling corning up in June, this year, and this
board's directed that to happen. That's when that E date comes.
We've been working, and I've kept you informed as -- the efforts we're
making in terms of education and awareness, and that's going to be a
tremendous cultural move with regard to it. So those two efforts
running parallel, I think, are going to move this very quickly.
And I think that we could do (sic) a look at some stage of the
game -- and I'm not suggesting putting anything off, but I think that
we could take a look at the response of this and better craft any
mandatory effort that you would suggest that we would do after we've
had a chance of evaluation.
I believe that we're going to see good results here. The question
is, to you, will be -- you know, back to me, is, how good's good
enough?
We're looking at a 26 percent participation rate at a residential
level right now. One out of four pounds, or one out of four points of
what's out there is getting put in a recycling bin. We saw by the
Willoughby Acres experience that that could spike much more up to
two out of four pounds will get into the cart, and more. We saw that.
We saw that response. I think it was in your district, right, sir?
COMMISSIONER HALAS: Yes.
MR. DeLONY: So, you know, let -- I think that we're going to
get a lot of compliance voluntarily, is what I'm trying to say. Now,
the question on the table will be, of course, is that enough? Do we
want 100 percent? I mean, 100 percent that a mandatory ordinance
would demand whether we get in compliance or not would be a matter
of enforcement and education. It's just like running a red light.
But at the same time, we do believe that through the conservation
culture that these particular vehicles now put in place in terms of ease
Page 84
February 8, 2005
and kind of a reminder -- I mean, that's a pretty bright yellow lid, you
know, to remind you where you need to put your paper and other
recycles.
Do you think we're going to get there without the mandatory
would be something I'd like to discuss with you, sir, off-line, as
suggested maybe by Commissioner Henning, before we step off the
mandatory curb.
I mean, that's where I am right now. That's my recommendation
in terms of feedback.
COMMISSIONER HALAS: I'll accept your discussion there.
CHAIRMAN COYLE: We're recessed for lunch. We'll be back
here at 12:39.
(A luncheon recess was taken.)
CHAIRMAN COYLE: Okay. We're back in session.
MR. MUDD: You have a hot mike.
CHAIRMAN COYLE: Mikes are hot, okay.
Where do we go from here, County Manager?
Item #8A
PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN
ORDINANCE ESTABLISHING CITY GATE COMMUNITY
DEVELOPMENT DISTRICT (CD D) PURSUANT TO SECTION
109.005, FLORIDA STATUTES (FS) - MOTION TO CONTINUE
MR. MUDD: Well, Commissioner, we should go to item 8A,
and that's a public hearing to consider the adoption of an ordinance
establishing City Gate Community Development, CDD, pursuant to
section 190.005 of the Florida statutes.
CHAIRMAN COYLE: Okay.
MR. MUDD: And I believe that Mr. Pickworth is going to be
Page 85
February 8, 2005
present.
CHAIRMAN COYLE: Mr. Pickworth?
MR. PICKWORTH: Yes, sir. Thank you, Mr. --
Commissioners. I'm Don Pickworth. I represent the developers of
City Gate, and we have petitioned the board for the creation of a
CDD.
I guess I really don't have a lot of comments. The executive
summary is about as detailed as you could want on the subject, and
there's not much more I can add other than just to answer any
questions about it.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: I just want to make sure that we
have a very good clarification here that this is strictly an industrial
park, because it's closely associated with the South Florida' -- or south
-- yeah, Collier County's water plant, south water plant --
MR. PICKWORTH: Yes, it is.
COMMISSIONER HALAS: -- and that it's not going to have
any influence or bearing in future years in regards to the residents that
are going to be located in this CCD (sic).
MR. PICKWORTH: No, because see, City Gate is strictly
industrial with commercial on the front.
COMMISSIONER HALAS: Okay.
CHAIRMAN COYLE: There's no residential component.
MR. PICKWORTH: No residential at all, no, sir.
COMMISSIONER HALAS: No residential, I just want to make
sure.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Thank you, and I'm glad
you made that clear.
I'd like to ask Mr. Feder to corne up for just a moment, if I may.
I'll tell you what my concern is, Mr. Pickworth, is the fact that
we're looking at a possibility of an extension from Wilson Boulevard
Page 86
February 8, 2005
and possibly all the way from DeSoto, to be able to meet some real
needs of the residents who live in that area, plus to be able to take a
small share of the traffic corning from that direction.
And I'm looking at where your facility is, and for us to bring a
road through, and out through, it's going to be very difficult if we don't
have an access somewheres close to the canal. And the way your
particular development is planned, I don't see where that access could
possibly be.
This is a real concern because where's that road going to go if we
don't make provisions for it now?
MR. PICKWORTH: Well, I think Norm can address that. I
mean, we have -- we have thought about that, and in fact, we have met
with the county about the possibility of selecting that alternative route.
All I know is, at least as of the last time we met, there were
originally about eight alternatives. They winnowed that down to
three, and our particular site was not one of them.
There are some problems, not the least of which are
environmental. And, you know, it's -- under appropriate
circumstances, we, I guess, would not be adverse to the idea of that
road going through there. But, you know -- and I'm not sure that's
what the county is going to select anyway. I mean --
COMMISSIONER COLETTA: And I don't know either, but the
thing is, is by going along with the present plan that we've got, I don't
want to prohibit the county from that consideration.
Now, a lot of developments of regional impact that carne to us in
the recent future, and PUDs too, we managed to corne to agreements
with the developers in the fact that it was for the greater public good,
that if these right-of-ways were dedicated, that if we needed them,
they were there for us to be able to use.
And in that same light, these were dedicated with -- in the best
interest of the public in the fact that they were not for -- developed,
with the credits, transfer of development credits -- or not transfer of
Page 87
February 8, 2005
development -- the impact fees. They were strict right-out gifts to be
able to help commerce to be able to move forward.
But with that, I'd like to go to Mr. Feder with some comments.
Possibly he can give me some thoughts on this that will help us in our
decision-making process.
MR. FEDER: Okay. For the record, Norman Feder,
transportation administrator. We did meet with the developer, looked
at some options. At one point they were entertaining a facility across
what would be northern boundary, south of the canal, as you pointed
out, Commissioner.
We could not tell them exactly what was going to corne out of
that study, which, as you know, is being done by the private sector.
We're reviewing and monitoring, but it's not our study per se.
We do note that we would like to encourage as many different
access points as we can get up and down that corridor. We've already
discussed the fact that 951, particularly around the interchange, the
interstate, but for that matter 951 itself, we need to encourage our
ability to get interconnection.
I don't know if the developer's in a position to respond to your
specifics, Commissioner, but if they were able to develop as part of
their internal circulation, a roadway along that north side that would
connect up to their future signal and give access out to what would be
the eastern part of the property when and if that ever gets developed, I
think that's to the distinct advantage of all parties.
That's going to be a signalized location across from the future
entrance to the school.
COMMISSIONER COLETTA: If the developer isn't ready to
respond to this now, I think this is serious enough that we might want
to have you consider a continuance so that we can deal with this in a
logical manner.
I don't want to see an opportunity to be able to have that
interconnectivity that we need for that particular area suddenly go
Page 88
February 8, 2005
away because of the action this commission takes today. It gives me
great concern.
MR. PICKWORTH: You know, if you want to continue it, I
guess that's okay. Obviously I'm representing the community
development district, not the developer, and this is really the
development entity's decision, not the CDD's. So, you know, I don't --
COMMISSIONER COLETTA: But in the paperwork that we
received, it does show a map and the --
MR. PICKWORTH: Right.
COMMISSIONER COLETTA: -- layout that's planned for this
particular community.
MR. PICKWORTH: Right.
COMMISSIONER COLETTA: And my concern is, is that if
everything's blocked off on the eastern end of the property, that that's
it. At that point in time, you know, somebody might start
development, the next thing you know, we're going to have to corne in
there and try to retrofit, spend minions of the taxpayers' dollars, when
we could solve the problem now.
MR. PICKWORTH: Sure.
COMMISSIONER COLETTA: That's a concern.
MR. PICKWORTH: Yeah. No, I understand, and you know, we
-- I know the development group is thinking about this. And like I
say, that's why we met with Mr. Feder and his group on that very
subject, because obviously if the county knew what it was going to do,
then we could -- it would be easier for us to proceed with our
planning.
COMMISSIONER COLETTA: And I don't -- I'm sorry--
MR. PICKWORTH: It would be very difficult if we were to
reserve off a big piece for a road and then the road doesn't get built
and we're end -- we're ready to go to marketing. Now all of a sudden
we've had to reshape our entire development, so --
COMMISSIONER COLETTA: And I understand what you're
Page 89
February 8, 2005
saying, but I do know that there's been instances where we reserve
numerous rights-of-ways with the idea that we don't know which way
that road's going to go at this point in time.
We did this at Heritage Bay, I think we did it at Mirasol. We
carne up with the idea that we still could pick and choose where the
right-of-way's going to be. And this is a concern now, is that by doing
it now, you know, can we still corne back later and say, yes, we want
this, or can we corne up with some sort of deal with you to be able to
have it? You know, we've got to provide for the people that are going
out there, and this -- where this particular entity's going to sit --
MR. PICKWORTH: Sure.
COMMISSIONER COLETTA: -- that ends it all for that whole
end. I mean, you would have to bridge the canal and corne through a
residential neighborhood to be able to get to 951 if you didn't corne
down on the south side of the canal because you blocked the last
opportuni ty.
MR. PICKWORTH: Oh, I mean, yeah. Obviously -- and Mr.
Feder can tell you, I mean, we're not -- we think that that route
through our property is not a bad alternative, okay.
COMMISSIONER COLETTA: That's wonderful. We're on the
same page.
MR. PICKWORTH: You know, I don't know -- I don't know if
when they finally get the site selection they're going to end up doing
that though. And part of our problem is that's -- what is it, Mayor
something like that?
MR. FEDER: What I would say is, I think the issue that the
commissioner's raising though, is that while we don't know what's
going to corne out of that study and its potential alignments, when we
look at 951, we're trying to maintain a controlled access facility.
We've got a number of issues to deal with. We've got a signalized
location, which is going to be moved from where it is today for your
development --
Page 90
February 8, 2005
MR. PICKWORTH: Correct.
MR. FEDER: -- the school, further north. Getting the ability to
make sure that we have interconnectivity across your property to
anything that may materialize or may not -- as you point out there are
some environmental issues and the like -- but may materialize in the
future even if it's not the preferred alignment that comes out of this
other study, I think is something that's very useful.
Now, the question is, what does that do to your property and
what are your issues on it. I know we discussed it, and at that time, I
couldn't commit that that's what the alignment would be, but
something along the south side of that canal, corning to the signal that
would allow interconnectivity to anything else that may develop in the
area, I think, is extremely important.
COMMISSIONER COLETTA: Well, so we're at a point, almost
an impasse, yet if we continue now, we're not acting in the best
interest of the county.
MR. FEDER: Well, in fairness, when they carne to me, the
question was, are we ready to provide them impact fee credits as that
being, or could we say that that was going to be the alignment? And
obviously I couldn't say that. So I think we've got a good discussion
going, but probably putting them in a position that I don't know if they
can answer that right now.
COMMISSIONER COLETTA: Would you consider a
continuance to be able to work this out?
MR. PICKWORTH: Yeah. I think that's probably what we need
to do, because obviously the development entity is going to need to
think about this pretty carefully, obviously from the standpoint of
CDD. I mean, we're going to put in the infrastructure, whatever it is.
But from the standpoint of the development entity, it makes a
difference.
I would ask this though, since their statute has some pretty
stringent advertising requirements, if we're going to continue, let's
Page 91
February 8, 2005
continue to a date certain so we don't need to spend the money on the
advertising again, because it's really expensive.
COMMISSIONER COLETTA: Maybe the county manager
could tell me, would two weeks from now work for our schedule?
MR. MUDD: Yes, sir.
COMMISSIONER COLETTA: Would that work, sir?
MR. WEIGEL: We'd suggest four weeks, that is two meetings
from now, as the specific advertised continuance date.
MS. FILSON: March 8th.
MR. MUDD: Eighth of March.
MR. PICKWORTH: March 8th then. So that way if anyone is
here because they saw the ad, they would know on the record that it's
been continued to a specific date.
MR. WEIGEL: Right. A motion to continue should indicate the
March 8th date, and that will be in the record, and no further paid
advertisement is required at that point.
COMMISSIONER COLETTA: I'd like to make that motion at
this point in time.
COMMISSIONER HALAS: I'll second.
CHAIRMAN COYLE: Okay. We have a motion by
Commissioner Coletta, second by Commissioner Halas.
Commissioner Halas, you wanted to make some remarks?
COMMISSIONER HALAS: Yeah. I just am kind of at a loss
here, trying to figure out why we didn't corne to some resolution prior
to you corning today before the board to get this CD D approved.
And if there was concerns about making sure that we had access
to a road there, why would -- why wasn't this brought up and why
wasn't it resolved at that point in time? Can you shed any light on
that?
MR. PICKWORTH: Well, the questions that are being raised
today are really questions for the, quote, development group as part of
the development of the county regulatory process.
Page 92
February 8, 2005
The CDD is really a separate thing. I mean, it's a vehicle through
which the infrastructure can be financed. By the statute, a CDD
cannot even get involved in the zoning land use regulatory aspects of
the project.
So I mean, the kind of issues that are being brought up are really
more in the land use regulatory planning type of -- type of milieu,
which the CDD really has no business in, and it's not supposed to be in
it.
COMMISSIONER HALAS: Well, all we want to do is just
make sure that when we move forward here, that it's pretty strong, that
if we need access there, whether it's through the zoning of the land as
it comes before us or whether it's at this point in time, we're just want
to -- we're trying to make sure that it's a strong message sent out that
we want to make sure that there's access so that we can hopefully
build some type of a road structure out there in the eastern estates.
MR. PICKWORTH: Well, sure. I understand, and in the next
four weeks, we'll try to meet with Mr. Feder again, get more of an
update. I mean, there's a lot of sound reasons for doing a road across
that top end. I mean, bringing all the trucks up through White Lake
Boulevard and making a left turn to get to that light is not, in our
opinion, exactly a wonderful way to go.
But, you know, there also is a lot of advantages to that alignment,
too.
COMMISSIONER HALAS: Yes, there is.
MR. PICKWORTH: You know, that may end up being -- being
the choice that you kind of have to make for other factors. And, you
know, even though there are some good reasons for that alignment
across the north end of our property, there's also some problems
involved in that, so other alignments may end up being your choice
because of that.
CHAIRMAN COYLE: Well, I have a procedural question. If
the decision concerning the routing of the road is best addressed by
Page 93
February 8, 2005
the development entity, how does the continuation of the CDD
question resolve that issue? What we're going to have to do is have
the development entity in here the next time to agree with the county
about certain rights-of-way for a road. That has nothing to do with
you.
MR. PICKWORTH: That's correct.
CHAIRMAN COYLE: But yet what we're doing is we're
rescheduling you and we're not scheduling the development entity, so
that means to me that when we come again and you're standing in
front of us, you're going to say, I don't have the authority to grant the
rights-of-way. That's development entity; am I right?
MR. PICKWORTH: Yes, yes.
CHAIRMAN COYLE: Okay. So we accomplish nothing, quite
frankly, by just delaying or postponing this particular decision,
although I agree that this decision should take place after we've
resolved the road.
What we should be talking about is scheduling the development
entity in here to deal with that issue so somebody can get it resolved.
Norm?
MR. FEDER: (Nods head.)
CHAIRMAN COYLE: Okay. Norm agrees.
Now, how do we best accomplish that, since those people are not
here today --
COMMISSIONER COLETTA: You better get him up.
MR. HEATH: For the record, I'm Glen Heath, with your
comprehensive planning staff.
Mr. Pickworth is correct that the CDD is really a management
and funding mechanism. Obviously the developer does benefit from
the establishment of the CDD in that all the money is not out of his
pocket. You benefit in that all the money's not out of the county's
pocket either.
Then there are a lot -- some other safeguards that involve the
Page 94
February 8, 2005
CDD and how it's established and how it's managed and then how it's
ultimately dissolved at some point when it's done all the things it's
going to do.
The issue of whether there is a road or not through a particular
part of the development is as important from the standpoint of the
conditions on the development and the needs of the county, obviously,
but as far as the CDD is concerned, it doesn't matter what the
conditions are, because they still have to implement them.
CHAIRMAN COYLE: Well, that's my point. What we are
essentially postponing is a decision that has nothing to do with the
right-of-way of the road. That will happen at a time when the
development entity comes here to talk about their development.
MR. HEATH: I would agree, sir, and that's independent of this
Issue.
CHAIRMAN COYLE: That's right. So I'm saying that we
accomplish nothing by postponing this particular discussion for two
more -- or for 30 days. So what is the solution? What is the solution?
How do we get the road issue resolved? We cannot do it with Mr.
Pickworth through the CDD.
MR. HEATH: Well, I would think you would do it through some
of your zoning regulations. This project has a plat for one of its
phases- ins right now in zoning.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah, I appreciate it.
You're right to a point, Commissioner Coyle, but the whole
process is, is that there's much at stake here for the developer. And by
complying now to be able to deal with the road as far as an issue now
rather than later, we're heading off a possible problem that may exist.
I know we could deal with it later, but Mr. Pickworth is agreeable
to wait for those four weeks to be able to corne back in here, work
with transportation. So this can be an issue that we have a great
understanding on and be able to move forward on all the other issues,
Page 95
February 8, 2005
and it will save a little less (sic) work on the back end.
CHAIRMAN COYLE: You see, my problem though -- and I'm
not disputing the fact that you need the road and you need to get that
decision, what I'm saying is that Mr. Pickworth doesn't have the
responsibility or the authority to negotiate that for the CDD.
COMMISSIONER COLETTA: But he is willing to give it a
good try and meet with transportation and other entities to make it
corne together.
CHAIRMAN COYLE: I don't think he can do that legally.
MR. PICKWORTH: Well, I mean, I'll--
CHAIRMAN COYLE: Unless you're representing both entities.
MR. PICKWORTH: I do represent both entities, but I'm
standing here today as an attorney --
CHAIRMAN COYLE: Representing the CDD.
MR. PICKWORTH: -- for the CDD. So, I mean, I need to --
you know, I need to keep the roles --
COMMISSIONER COLETTA: Change your hat.
MR. PICKWORTH: Yeah. I need to wear the right hat. I mean,
certainly the development entity is going to consider this. Now, what
it decides to do, I don't know. You know, that's going to require a
fairly severe economic analysis, whether or not, you know, a
right-of-way of this type should be provided, how it should be
provided, the terms and conditions of it being provided. I mean,
there's a lot that has to be considered.
CHAIRMAN COYLE: Well, you see, that's the point I'm trying
to get at, so we all understand where we are. If we're going to
schedule you back here to talk about the CDD in 30 days, that
accomplishes nothing, okay.
If we schedule you back here with the development entity to talk
about the road right-of-way, then that accomplishes something, so --
but does that require an additional advertisement? I would suggest
that it does, because you're talking about two entirely different issues
Page 96
February 8, 2005
here.
And so I think we need a very clear legal decision as to what it is
we're scheduling to corne back here in 30 days.
MR. PICKWORTH: Well, the only thing that's on the table is
the petition for the creation of a CDD, all right?
CHAIRMAN COYLE: That's right. That's right.
MR. PICKWORTH: So, I mean, the developer -- I mean, you
know, I don't know if you can, quote, schedule the developer in here.
You know, he has -- he has whatever development rights he has,
okay? And, you know, he can choose to corne in and negotiate, you
know, the trading of some development rights for something else or
however he chooses to do it, or he can choose to say, I'll just stay with
what I've got.
And, you know, now obviously -- and maybe the answer to that
is, well, then we're not going to create a CDD, and that may be the
case.
The only thing I think that can be accomplished in the next four
weeks is the development entity can discuss this matter and at least
make some determination as to whether and how and under what
circumstances something can be dealt with on this transportation issue,
at which point we will have a clearer view of whether or not it makes
sense to go forward with a CDD.
Obviously at this point, I mean, you know, you pay $15,000
application fee for one of these, and the advertising is fairly expensive,
so you've got a fairly substantial amount of money out there, and I
guess if we're not prepared to go forward and create the CDD today,
then I guess the alternative, rather than just see that money flyaway,
would be to at least postpone it in a way that we don't have to
readvertise and give us some time to go back and revisit the subject.
There may be -- at the other end of the shoot, there may be
nothing to revisit. We may be back with the same considerations 30
days from now, in which case you're going to need to decide, yes or
Page 97
February 8, 2005
no, whether you want to create the CDD. I don't know what the
answer to that will be.
As I say I can't -- even though I do legal work for the
development entity, I certainly cannot make a determination like this
for them --
CHAIRMAN COYLE: Commissioner Halas.
MR. PICKWORTH: -- because it's really an economic question.
COMMISSIONER HALAS: All I want to do is make sure that
we make sure that we address the issue of the road, but I want to make
sure that staff has an understanding that what we're trying to
accomplish is to make sure that the door is open for the prospect of
putting that road through when the time comes.
So I understand that the CDD, as it stands today, you really can't
make any promises, but all I want to do is make sure -- and I'm asking
staff, do you have good assurance that whether we address this issue
today or whether we address it at the time that the -- that the developer
comes in here to get this approval on this, that the door of opportunity
is going to be open to make sure that we have access here to put a road
through?
MR. SCHMITT: Commissioner, for the record, Joe Schmitt,
administrator of community development/environmental services
division.
Just to set the record straight so you understand, this is already an
existing PUD. It's already zoned. And I believe, if I'm not mistaken,
it's also a DRI.
So you don't have another bite at the apple unless they want to
corne in and initiate some sort of change. That's the issue. So when
the chair says the developer's going to corne back, the developer win
not corne back to this board. Everything done now is administrative in
nature in regards to reviewing -- as Mr. Pickworth mentioned, in
reviewing the proposed -- what's in the staff right now and going
under review is a site development plan for the initial phase of this
Page 98
February 8, 2005
development.
As far as dedicating any land or any easements or trying to exact
any development easements or exact any type of development or road
access from the developer, it probably will not happen unless we can
bring that developer back. But what Mr. Peckworth -- Pickworth is
saying is the CDD is a separate entity.
Now, I would have to turn to the county attorney, and maybe
Marjorie, if you want to tack on to your request for approval or
disapproval or whatever, that it's contingent on the developer corning
back to discuss this issue, that's a possibility.
But the CDD is nothing more than an investment tool under
section 189 of the Florida statutes, and it -- I'm sorry, 190. 189 is
special district. Yeah, 190, thanks -- and that's what it is.
And Mr. Pickworth is just here representing the formation of that
so they can basically sell municipal bonds to fund for the construction
of the infrastructure.
The approval may have on that some kind of a proviso that says,
in fact, we want the developer to corne back and discuss this issue.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. My concern is that it is
the last bite at the apple, and this is extremely important for the road
network in that area. If you just take a look at the map, you'll see that
this sits right next to the canal. There's no room between the canal and
this proj ect.
You would have to go to the -- towards the intersection distance
to be able to bring it down, or take a sharp left curve and then curve it
back around again to be able to have access out of the front of this
particular industrial development.
It just won't work as efficiently, you know. And it might corne
down to it that we have no needs for it, but I don't think 30 days is
going to mean an end to it. I personally think it's a wonderful project,
and we're going to need the industry in that area. But we also have to
Page 99
February 8, 2005
be forthwith with everyone and deal with this road situation.
So what's four weeks? It's not going to mean anything in the
course of events. We get to it, we can make the hard decision at that
time.
CHAIRMAN COYLE: Well, that isn't even my concern or my
point, and I still don't have a question ( sic) to the issue.
Does Mr. Pickworth, representing the CDD, have the right to
make a binding commitment on a DRI that has already been approved
-- already been approved? And if he doesn't have the right to do it, we
can't make him do it, so consequently, a delay of 30 days will serve no
purpose whatsoever.
So I'm trying to figure out here if having Mr. Pickworth corne
back on the agenda under the title of a CDD, if he can, in fact, make a
legal commitment about right-of-way for the development entity.
That is my question, and I need an answer to that, because that's
critical to this whole issue.
MR. PICKWORTH: I guess--
CHAIRMAN COYLE: County Attorney?
MR. PICKWORTH: Oh, I'm sorry.
MR. WEIGEL: Fine, Don.
Well, Mr. Pickworth, when he addresses the board at this meeting
or at another meeting, obviously is empowered by his client or clients
to make -- to make representations, and he has indicated to you where
he is not, at least currently, empowered to make representation.
There's nothing to prevent him -- if he were to corne back two
meetings from now on this CDD agenda item, there's nothing to
prevent him to provide information to the board from each client as it
pertains to this particular item itself, and I guess one question is, well,
does it pertain to this item?
The answer is, the board, in looking for the health, safety, and
welfare, of the community can ask far-ranging questions. And if they
wish to ask questions that require an answer at a later time and Mr.
Page 100
February 8, 2005
Pickworth can provide that answer at a later time, or in the course of
the time between now and the continued meeting, four weeks from
now, if Mr. Pickworth and -- or others, perhaps his client itself, work
with staff, questions that this board asks for the general health, safety,
welfare and fiscal concerns of the community, I think, can be ruled as
relevant, even though the CDD itself will ultimately go on an up or
down vote as to its own appropriateness, and you have that power.
As mentioned by Mr. Schmitt, this is a PUD and DR!, so there
are not typically rezone opportunities that corne through the advertised
process to bring the developer back in that might otherwise exist.
One final comment is, I would not suggest, whether you vote
today or four weeks from today on the CDD agenda item before you,
that you put a proviso on there contingent on something that occurs in
the future, that you make your determination based upon the
information that you have to your satisfaction or dissatisfaction at that
point in time.
CHAIRMAN COYLE: Mr. Pickworth, do you agree with that
assessment? Can you corne back here with the power to make an
agreement such as has been approved?
MR. PICKWORTH: I think that I will certainly pass this along
to the development people, and yeah, we -- I think, just thinking about
this while I'm standing here, okay, you know, I think they've got to
decide, do they want to enter into some kind of a negotiation with the
county under which they will agree to reserve or give up certain
right-of-way areas and in return for whatever, and, you know,
negotiate that out -- now, whether we can actually complete all of that
and have all the I's dotted and the T's crossed in four weeks is
probably doubtful, but we could at least have some idea where we're
going on that question.
CHAIRMAN COYLE: Okay. Commissioner--
MR. PICKWORTH: Or they could say, look, we've got an
approved DR!, we've got an approved PUD. We'll just develop with
Page 101
-"-----
February 8, 2005
what -- we'll just develop what we've got. And -- you know, and if the
county at some date in the indeterminate future decides that it needs to
have a road through there, then, you know, it's going to need to
acquire that road property as whatever the situation is then. I mean,
that's harsh, but it's really the reality of it, you know. And I suppose
there's some middle areas in between that we're going to need to kind
of think about, so --
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: I'll be honest with you, I think
we worked this issue to death. I think Mr. Feder might have a last
comment, I'm not too sure.
MR. FEDER: No. I was just going to observe that obviously, if
the board does take this direction, we would seek to meet with the
developer, City Gate, and be in a position to resolve the issues or
identify for you whether or not we feel there's a resolution or, as was
pointed out, no opportunity for that.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Public -- public hearings, don't
we have to have disclosures of ex parte, item 8?
MS. FILSON: No, it's quasijudicial.
MR. WEIGEL: This is the adoption of an ordinance. It's
legislative.
COMMISSIONER HENNING: Okay.
MR. WEIGEL: Thank you.
CHAIRMAN COYLE: Then, I think, Commissioner Coletta has
a motion on the floor, don't you?
COMMISSIONER COLETTA: Yes, I do.
CHAIRMAN COYLE: Is there a second?
MS. FILSON: I have a second.
CHAIRMAN COYLE: Okay. And any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
Page 102
~,-----
~,...'..,,--~."'"~'_"-->
February 8, 2005
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(N 0 response.)
CHAIRMAN COYLE: It passes unanimously.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN COYLE: Thirty days.
Item #11
MR. MUDD: Commissioner, that brings us to item number 11,
which is public comments on general topics.
MS. FILSON: I have -- Mr. Chairman, I have two public
speakers. Kenneth Thompson. He will be followed by William
Willkomm.
MR. THOMPSON: You know, this is a hard damn life I'm
living, excuse the French, ma'am. But, you know, Michelle Arnold
and this guy sitting back here, you got to try to talk to him, and he's
about a yo-yo. You can't talk to him. All of a sudden, he wants to
help me in here. I don't want him helping me. He won't help me out
there, why should I want him helping me in here?
I want you to look at this joke that you got here, that bar across
here. I want you to ask Michelle Arnold. You know, this is real nice.
Ma'am, you want to give that to them people and let them look at
it?
This is something else. What a peaceful place, them bars that
Page 103
February 8, 2005
you talking about over there on Bayshore Drive, 2891 Bayview Drive
(sic), why don't you ask Ms. Arnold what happened to the Hollywood
Limousine, the driver and a few other things that went on there that I
know about.
I asked her what she going to do about the Hollywood
Limousine? She said, oh, I'm not going to try nobody on that.
This is some more of her friends, right here. I found out through
some good friends of mine where this place was. I asked her. I give
the papers to her and told her to try them, bring them up on code
enforcement board. Oh, no. Can't do that.
And this place, excuse me for my language, it's nothing but a hell
hole, and it belongs to David Steinberg, which was Del Steinberg.
They put air-conditions (sic) in the windows that squeals. You can
hear them from Bayshore Drive all the way down as far as you want to
walk, screaming and yelling.
And that boathouse looks like a semi corning at night with the big
lights they got shining in there. She tells me to go buy damn blinds
and put them up.
I should not have to be punished from you people and you, Jim
Mudd, for all of this problem here, sir. I've been to you. You an
awful good person now, don't get me wrong. Don't get all bulled up
here.
This is another one that took Michelle Arnold five years to get
straightened out. He enclosed his garage. I want him to pay his
impact fees, which is about 6,000 more dollars he added on, right here.
She knows who they are.
When I get through, I'll give them to you.
And here's another one. No permits. The only thing he's ever
had, right here, was a sewer tap, right there. Nothing else. For the
house, nothing else. I'm telling you, nothing else.
You run over me -- people, I hate people anymore. I got to be
attached to a -- some kind of -- I just left five surgeons. They have to
Page 104
February 8, 2005
install this thing in me so I can live anymore. It's a bad way to live.
And here's another one. 2977, a cop, John Truitt. All he has --
and buddy, I got -- I'm telling you. All he has -- Michelle Arnold has
rode me like a damn horse, and I just want to tell you, that's the way I
feel.
Right here all he has is electrical permit. That is all. Go look of
what he's done. He's took all the Jalousie windows out of the house,
put big plate glass windows, redid the whole thing. The whole roof
like to have fell in. This is the kind of trash I'm getting.
And 29 -- 2779, Mrs. Arnold has got me two pole light permits
for every pole light I got, and still would get me for more if she could.
Right there. And you should check it. You'll find a lot more, like
swimming pools and things like that.
And here's another one. Get this one for the impact fees. It took
her five years or more to get this tore down. It was Frank that worked
with code enforcement. He corne up to my house and told me, Ken,
did you see what happened down on Orange Street, and I said, no,
what happened, and he told me. I went down there and I got the
blame for it. Well, I like the blame for stuff.
I went down to animal control, going back to 2954 Becca
Avenue. The woman has dogs that chases cars, bicycles. Chase a
dead stick if it will move. Believe me, it will. And they're getting bit
by these people (sic). They come out there and even chase animal
control, so she got a citation, and that was -- you know, that was hard
for me to believe it.
I'm not going to say nothing about this one. I just not -- I ain't
been able to do it, and I just don't like hurting people, but if I was to
bring this one up right here, it would shock a lot of people. But I'm
not never going to say nothing about it.
You just give me one more minute. And this, I want you to look
what this woman's got me for. They got me -- they got me for having
dowel spouts on my house. Well, where in the hell is the water
Page 105
~_.~--,.".
February 8, 2005
supposed to run? Yeah. They got me for live music here. Running a
business -- running a bus (sic) out of a beauty parlor. My God, I never
in my life seen such a mess.
And it was all Dale Steinberg and Michelle Arnold's game they
played, and they're still playing it.
I want you to do something about the boathouse immediately. I
do not need this. And if you don't, I'm going to get my doctors to
corne up here. And I've hired me a lawyer out of state, and this thing
has to be stopped with this boathouse. It's illegal, and under that
boathouse is a five feet down --
CHAIRMAN COYLE: Mr. Thompson --
MR. THOMPSON: -- it's loaded so full of mercury, it is terrible.
CHAIRMAN COYLE: Please wrap it up, Mr. Thompson. Your
time has expired.
MR. THOMPSON: Okay, I'm going. That's it. I appreciate you
listening to me.
Mr. Mudd, there ain't no better man than you. I didn't mean to
hurt your feelings, but boy, you should see what they did to me.
CHAIRMAN COYLE: Okay. Thank you very much, Mr.
Thompson.
MR. THOMPSON: Enough is a damn enough now. I don't know
whether I'll make it or not, but I don't really care. But quit mistreating
me and my wife. We don't owe you nothing. We pay our taxes,
dammit. You do what you got to do. You do something about the
boathouse.
MS. FILSON: The next speaker is William Willkomm.
MR. WILLKOMM: Good afternoon. Thank you for allowing
me to speak. My name's William Willkomm. I live at 227 Gulf Shore
Boulevard South.
I applied for the productivity committee mid part of last month. I
talked to Mrs. -- Ms. Filson on the 31 st to verify that my application
was in, everything was done.
Page 106
February 8, 2005
I have email correspondences from Ms. Filson on my application,
questions that I asked and that were answered, when the meetings
were going to be.
I was informed that I didn't have to worry about anything for the
time being because it would be months before the productivity carne
up for a vote because it hadn't even been advertised yet.
I read in the newspaper this morning -- so that's why I'm here
late. I apologize. I carne here around 11 o'clock. Read in the
newspaper this morning approximately 10 o'clock that the productivity
committee was being voted on today.
I carne here and asked some people in the back -- I did not see
the meeting -- that there were five applications, or applicants, for the
five openings.
Well, ladies and gentlemen, I'm number six, and I'd like to find
out why I don't exist.
I have the copy of the application here dated. I have a copy of
the email from Ms. Filson, executive manager ofBCC, the 31st,
giving me a breakdown of the responsibilities and obligations, my
notes from the phone call on the 31 st, when the meeting was, when I
had to worry about it. Something's wrong.
Anyway, that's it. If you'd like copies of these documents, I'd be
more than happy to leave them.
CHAIRMAN COYLE: Yeah, please leave those copies with us.
This is Ms. Filson, by the way.
MR. WILLKOMM: Thank you for your time.
CHAIRMAN COYLE: Okay. Thank you, Mr. Willkomm.
COMMISSIONER FIALA: We have two more openings that
we're going to be readvertising.
MR. MUDD: Commissioner, I believe if you -- just before Mr.
Willkomm goes, if he didn't see the board deliberations, I believe there
were five openings today, and the board only filled three of those
positions.
Page 107
February 8, 2005
MR. WILLKOMM: Yes, sir. I understood that, but I also
understand there was only supposedly five applications.
CHAIRMAN COYLE: Yeah. His name is not on the list of
applicants, is the problem.
MR. WILLKOMM: That's correct, sir.
CHAIRMAN COYLE: And he wants to know why, and I think
we need to find out, get the answers, because he does not appear in the
list that we have.
MS. FILSON: This email is not from me.
CHAIRMAN COYLE: It is not from you?
MS. FILSON: No.
CHAIRMAN COYLE: Okay. I don't know what's happening
here, but we'll have to sort it out.
MR. MUDD: Yes, sir. We'll find out.
CHAIRMAN COYLE: Okay. But let us sort this out, and we'll
see what we can corne up with, okay.
Are there any other public speakers?
MS. FILSON: No, sir.
CHAIRMAN COYLE: Okay.
Item #12A
RECOMMENDATION FOR THE BOARD OF COUNTY
COMMISSIONERS, PURSUANT TO SECTION 112.313(12), FLA.
STAT., TO CONSIDER THE REQUEST OF COLLIER COUNTY
LAND ACQUISITION ADVISORY COMMITTEE MEMBER
ELLEN GOETZ FOR AN EXEMPTION FROM ANY POTENTIAL
MR. MUDD: Commissioner, that brings us to item 12, which is
county attorney's report. And 12A, it's a recommendation to the Board
of County Commissioners pursuant to section 112.313, parens 12,
Page 108
February 8, 2005
Florida statutes, to consider the request of Collier County Land
Acquisition Advisory Committee member Ellen Goetz for an
exemption from any potential conflict of interest. And Mr. Mike Pettit,
assistant county attorney, will present.
MR. PETTIT: Good afternoon, Commissioners. Mike Pettit,
chief assistant county attorney.
For all practical purposes, items 12A and 12B are essentially the
same. Item 12A relates to Collier County Advisory Land Acquisition
Advisory Committee member Ellen Goetz, and 12B relates to Collier
County Land Acquisition Advisory Committee, Michael Delate.
I want to make a couple statements. I think the executive
summary provides you with detail. First of all, there is no conflict of
interest with these people as we stand here today.
The issue is that they had expressed an interest in submitting, or
their firms had expressed an interest in submitting for request for
proposals the county has circulated relating to the Gordon River water
quality park design project, and contacted our office, as they should
have done, and as we've advised our advisory board members about
the ethics rules over the last several years to get an opinion as to
whether that would pose a problem, i.e., that they say on the advisory
board, which they want to do, and also submit for this proj ect.
We researched that. I spoke with the ethics commission, at least
informally, and I concluded that based on what I understood about
section 112.312, 3 and 7 -- and these are state laws. This is not our
ethics ordinance -- that I thought there was a substantial risk of
conflict if, in fact, they submitted for the proposal and if, in fact, their
firm was awarded the proposal, and if, in fact, this board entered in a
contract with those firms. That's when I thought there would be a
substantial risk of conflict.
I advised them of that. I felt that it would be best if they carne
before this board under this exemption process prior to the selection
committee and prior to any award at least to see whether, to the extent
Page 109
February 8, 2005
that there would be a conflict, if this board would consider waiving it.
And let me tell you about that exemption. That's also in the state
ethics law and it provides that where you appoint an advisory member
and there's conflict under one of those two subsections I mentioned is
potential or, in fact, exists, you can exempt that person from the
conflict by two-thirds vote of the board.
I have researched -- did not talk to the ethics commission,
probably should have done that as I think about it. But I've
researched. I can't find anything in writing explaining the genesis or
the purpose of that exemption, but I think if you look at the whole of
chapter 112 in the Florida statutes, the genesis is probably that that
state chapter tries to balance the need to get good people to serve on
boards like this and to serve in state government and local government
with the need for people to earn a living.
And a couple other points I want to make. To my knowledge, and
I checked on this, there is nobody on this selection committee that has
anything to do with Collier County -- or the Conservation Collier
program, nor will Conservation Collier have any oversight over this
proj ect except in one -- I believe in one in particular.
There is a possibility, probably a pretty good possibility, some of
the acreage will be in the Conservation Collier program, that's the
subject of the project, and that the land management program for that
acreage will corne back before the advisory board. So that's really all
I can add to this.
The only other thing I would want to advise you is, is that the
ordinance that created the Conservation Collier Land Acquisition
Advisory Committee seeks people with certain kinds of expertise.
And, so, again there's a limitation there, the pool of folks you can
draw from, hence the exemption. But I do stand by my earlier
observation. I believe if you were to award the contracts to these
firms, that there would be a substantial risk you would have a conflict
of interest as defined by state law.
Page 110
February 8, 2005
Now, I know Mr. Delate was here earlier, and I know Ms. Goetz
is still here, and she may wish to answer any questions.
The other thing I would say is that we have filed, as required by
state law, with Mrs. Filson and with you individually the so-called
form 4A that the state requires which discloses this matter.
CHAIRMAN COYLE: Do we have a public speaker on this?
MS. FILSON: No, sir.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: Well, thank you. The -- are we
talking about one property, one potential conflict, or are we talking
about just in general all properties corning before Conservation
Collier, these members?
MR. PETTIT: Well, I'm going to -- let me clarify a little bit.
The project in question in which the two firms have submitted for
consideration on the request for proposals is that 50-acre or so
Fleischmann project. It's going to be a water retention, water quality
proj ect up north of Golden Gate Parkway, which I know you're
familiar with.
My understanding is 13 plus or minus acres of that will be under
Conservation Collier management at some point in time.
The way these ethics provisions work, there's a general
prohibition and it's -- unfortunately there are exceptions to it, both
statutory, and as a result of ethics commission opinions, so there's no
black and white line sometimes.
There's a general prohibition for advisory board members as
public officers, and they're defined as public officers by the statute, to
enter into business contracts with the -- their agency. And it appears
that, generally speaking, the agency is the body that appointed them.
So as a broad proposition, Commissioner, I would say that in
most instances, I would have an immediate concern if an advisory
board member were to enter into a contract with Collier County, either
work for a company that did so or individually as a principal in that
Page 111
February 8, 2005
company did so. There could be a risk of a conflict under state ethics
law.
COMMISSIONER HENNING: I don't know if we got my
question answered.
MR. PETTIT: Well, I mean -- okay. I see --
COMMISSIONER HENNING: Let's just say, if -- I don't have a
problem just with one case, one property. I have a problem giving a
waiver for--
MR. PETTIT: Okay.
COMMISSIONER HENNING: -- all different potential
properties corning up before the Conservation Collier group.
MR. PETTIT: Okay. I misunderstood. This waiver, I believe,
would only relate to this project.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: Now, let me make sure that I understand
what you're providing us the alternative to do.
There is no conflict of interest at the present time?
MR. PETTIT: No.
CHAIRMAN COYLE: No one has done anything wrong?
MR. PETTIT: No.
CHAIRMAN COYLE: Ifwe -- if our selection committee
awards the contract to either of these two advisory board members --
MR. PETTIT: Or their firms.
CHAIRMAN COYLE: -- or their firms and a contract is
negotiated and awarded, at that point in time there is an ethics
violation in your opinion?
MR. PETTIT: I think there's a substantial risk there's an ethics
violation.
CHAIRMAN COYLE: Okay. And so what you're providing us
the alternative to do is to waive that ethics violation?
MR. PETTIT: Correct. And that's provided for, Commissioner,
in the statutes. There are a series of exemptions to that situation. The
Page 112
February 8, 2005
only one that I can find that would apply would require board action.
CHAIRMAN COYLE: Okay. Mrs. Goetz, do you want to
address this issue in any way? Can I ask you questions about this
since you didn't register as a public speaker?
MS. GOETZ: Can I answer questions?
MR. WEIGEL: Yes.
MS. GOETZ: Great.
CHAIRMAN COYLE: What do you feel is the proper course of
action in this particular case?
MS. GOETZ: Frankly my feelings don't matter in a case like
this. I'm not an attorney, and the only reason we carne to this point is
to get some clarity and a very frank, open discussion of it, because
obviously we take our roles as advisory committee members very
seriously.
It seemed that there was this exemption. It must have been
created for situations such as this when it is discussed openly and
publicly. The project is one situation only. That was our intent.
CHAIRMAN COYLE: Okay. Any other commissioners have
questions or comments?
(No response.)
CHAIRMAN COYLE: Okay. Thank you very much.
MS. GOETZ: Thank you.
CHAIRMAN COYLE: And thank you very much for the good
work you do on the advisory board.
Is there a motion? There's no motion.
COMMISSIONER HENNING: I'll make a motion to approve.
CHAIRMAN COYLE: Okay. If you won't, I will.
COMMISSIONER FIALA: I was going to read it here, because I
wanted to make sure I got the wording correct. We have to take one at
a time, right?
CHAIRMAN COYLE: Yes.
COMMISSIONER FIALA: Okay. I make a motion that Ms.
Page 113
February 8, 2005
Goetz is exempt from the provisions of section 112.313 of the Florida
statutes, that's number 3 and number 7 within that statute, that would
prohibit certain business relationships on the part of persons serving
on advisory boards.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: And I'll second that, as long as
CHAIRMAN COYLE: There's a second by Commissioner
Henning.
COMMISSIONER HENNING: -- if you just include for the
Fleischmann property.
COMMISSIONER FIALA: For this one project, yes, thank you.
MR. MUDD: The 50-acre Fleischmann property above Golden
Gate Parkway in the northeast quadrant between Goodlette- Frank,
Golden Gate Parkway northeast.
COMMISSIONER FIALA: Michael, do you need --
COMMISSIONER HENNING: What's the section range?
COMMISSIONER FIALA: -- all of that on -- do you need all of
that on this record, all what Jim Mudd just said?
MR. PETTIT: I think we can just --
CHAIRMAN COYLE: You forgot the parcel number.
MR. PETTIT: -- by reference, we can include that in it. And, of
course, you've got the executive summary, which also identifies the
project.
MR. MUDD: Because there is another Fleischmann property --
MR. PETTIT: Correct.
MR. MUDD: -- that we're talking about that has the zoo on it.
COMMISSIONER FIALA: Okay.
CHAIRMAN COYLE: So we have a motion by Commissioner
Fiala, a second by Commissioner Henning.
Any further discussion?
(No response.)
Page 114
February 8, 2005
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: All in favor -- or all opposed --
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: -- by like sign? Aye.
So it passes 3-2, and I would --
MR. PETTIT: Actually, it does not pass.
CHAIRMAN COYLE: It does not pass?
MR. PETTIT: Because you need a two-thirds vote, and I think
Mr. Weigel advised me that meant four out of five.
COMMISSIONER FIALA: Who was the other person going
against?
CHAIRMAN COYLE: I voted against, and Commissioner
Henning (sic) voted against, and I would like to explain that --
COMMISSIONER HENNING: Halas.
MR. MUDD: Commissioner Halas.
CHAIRMAN COYLE: I'm sorry, Commissioner Halas. I'd like
to explain that.
And it doesn't reflect at all on either of the two members of the
advisory board, but I really don't like setting a precedent of waiving a
real or potential or existing conflict of interest. Although I understand
that the statutes permit it, I think it's a slippery slope, and I don't want
to get started on that. So that's the reason I voted against it.
COMMISSIONER HALAS: I voted against it because we're
constantly in a fishbowl, and people are expecting the highest level of
ethics. And when we're to the point where you're afraid to even take a
cup of coffee and a doughnut from a homeowners' organization, I feel
that I have to vote in this manner.
CHAIRMAN COYLE: Okay. Commissioner Henning?
Page 115
February 8, 2005
COMMISSIONER HENNING: Well, can we go to 12B now,
and then I'd like to say something?
CHAIRMAN COYLE: Well, Commissioner Coletta has a
question.
COMMISSIONER COLETTA: I figure since we have people
making statements why they voted against it, I'd like to say why I
voted for it.
CHAIRMAN COYLE: Go ahead.
COMMISSIONER COLETTA: And the reason is very simple,
we have -- we're desperate for qualified volunteers, and when they do
something that doesn't really benefit themselves directly, that it
happens to corne by the course of events and they openly question
how it's going to happen to make sure that everything's going to take
place in a direction that brings them above reproach, I think at this
point in time we need to support them. But, of course, you know, we
still failed -- the motion still failed, but I just wanted to get my two
cents in.
CHAIRMAN COYLE: Thank you --
COMMISSIONER COLETTA: Thank you.
CHAIRMAN COYLE: -- very much. Yeah, I think we need to
say that both of these are outstanding advisory board members, and I
hope that nothing we do here will discourage them from continuing to
serve.
Item # 12B
RECOMMENDATION FOR THE BOARD OF COUNTY
COMMISSIONERS, PURSUANT TO SECTION 112.313(12) FLA.
STAT., TO CONSIDER THE REQUEST OF COLLIER COUNTY
LAND ACQUISITION ADVISORY COMMITTEE MEMBER
MICHAEL DELATE FOR AN EXEMPTION FROM ANY
Page 116
February 8, 2005
Okay. Let's go on to 12B.
MR. MUDD: And that's a recommendation to the Board of
County Commissioners pursuant to section 112.313, parens 12, of the
Florida statutes, to consider the request of Collier County Land
Acquisition Advisory Committee member, Michael Delate, for an
exemption from any potential conflict of interest.
Mr. Michael Pettit, assistant county attorney, will present on this
particular item also
MR. PETTIT: I have nothing to add. There is a -- there is a
potential that the -- potential conflicts for Mr. Delate are fewer in
number because he is an employee and not a principal in his firm. But
I believe that the same analysis exists.
I will add that given that I'm pretty firmly convinced no conflict
exists now or in the future, unless there would be a contract, I'll only
say this, that these folks are certainly free to go to the ethics
commission and get an opinion that differs from my concern. That's
all I've got to add.
COMMISSIONER FIALA: I make a motion that we consider
Mr. Delate's request to be exempted from the same provisions of
section 112.313, number 3 and 7, that would otherwise prohibit certain
business relationships on the part of the persons serving in those
advisory boards for this particular property only.
COMMISSIONER COLETTA: I'll second that.
COMMISSIONER FIALA: And let me say that the reason I feel
so strongly about this is so many people that volunteer for all of our
different advisory boards, and we have many, many, many, we get the
creme de la creme because these people know these businesses.
But I don't think we would get so much if then they -- not that
this is a common practice, because let's face it, this is brought before
us because this is very unusual. It's not something that they get on
these boards just to -- just to get business, obviously.
Page 11 7
February 8, 2005
But in this particular case, I just don't believe that they had
anything to do with getting on this board so they could vote on this --
or you know, bid for one thing, but I don't think they should be
jeopardized because the opportunity carne before them, so --
CHAIRMAN COYLE: Okay. We have a motion to approve the
exemption by Commissioner Fiala, and a second by Commissioner
Coletta.
Any further discussion?
Commissioner Henning?
COMMISSIONER HENNING: In Mike Delate's case, he's an
employee of a firm, so -- and I think he's very passionate about what
the voters said by the Conservation Collier, green tax, whatever you
want to call it and -- very passionate that this is a good thing. And
what we're saying in this case is, well, you know, damn you for trying
to seek employment in Collier County and sit on an advisory board.
Again, you know, it's his company that he works for.
COMMISSIONER FIALA: And he's not even going to work on
the project; isn't that correct?
COMMISSIONER HENNING: Well, I don't know whether he's
going to work on the project or not. But, you know, he has very little
choice than to say what his company, that he works for, goes out and
seeks business.
And to either (sic) lose someone of his quality on this board, in
my belief, is a crime, and I would hate to see him have to quit his job
because he's so passionate about this committee. So with that, I'll be
quiet.
CHAIRMAN COYLE: Okay. All in favor, please signify by
saYIng aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Those opposed, by like sign?
Page 118
February 8, 2005
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
So Commissioner Halas and Commissioner Coy Ie voted against
the motion. The motion fails, 3-2.
MR. PETTIT: Okay.
Item #15
MR. MUDD: Commissioner, that brings us to staff and
commissioner general communications.
CHAIRMAN COYLE: Okay. Staff?
MR. MUDD: David, do you have anything?
MR. WEIGEL: Yes, Jim. Just one item.
It was brought to my attention in the course of the meeting today
that there has been an -- I think it's an application for a NACO award,
National Associations of Counties award for the chainnan to sign --
oh, Jim's got it? All right.
Well, in any event, I'll continue. And I think this would be the
appropriate time for any discussion, if need be, with the board to
authorize the chainnan to sign it so it can be sent. Thank you.
MR. MUDD: Commissioner, let me -- Jim Mudd, county
manager, for the record.
Yesterday Dan Summers showed up in my office and said, boss,
this is a NACO award -- that's a good thing -- for our DRU trailers that
we set up, some 11 to 13 of them, with all the supplies for the
hurricanes, and it -- and we're kind of one of a kind. And he said, I
need your signature so that we can apply.
And I said, well, it says signature of the chief elected official, and
I'm not elected, so I don't think we're going to me on this one, okay.
And I said, well, we'll have to go get the chair. But I also want to
Page 119
February 8, 2005
make sure that you also understand there's an application deadline of
February 11 tho So we wouldn't bring this up normally if we weren't
under a bit of a crunch.
But these are all the procedures that I'm flipping through right
now that you have to set up. But basically, what we're basically
asking -- we're submitting our emergency management trailers and the
stockage as far as the write-up is concerned for an award to basically
recognize the emergency management section for their novel idea
that's benefited not only this county in the last series -- hurricane
season, but it's also -- we also exported some of these out of the
county when other counties needed it, and I just wanted to make sure
that the board is aware and ask the board if they could authorize the
chairman to sign this application for the award.
And I believe there's $100 review fee that you have to submit,
but that's within the emergency management section's budget in order
to do that.
COMMISSIONER COLETTA: So moved.
COMMISSIONER HENNING: I second it.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Okay. There's a motion by -- what's
your name again?
COMMISSIONER COLETTA: Coletta.
CHAIRMAN COYLE: Commissioner Coletta, and second by
Commissioner Halas.
Any discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER FIALA: Aye.
Page 120
February 8, 2005
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
MR. MUDD: Yes, sir. And the last item that I have for
discussion is, I've been approached, oh, it's been almost six months
ago, by Mr. Brennen, who is the director of corporate underwriting for
WGCU public broadcasting.
And this gentleman, along with his company, have done a series
of historical video pieces for several counties, and he's talked to the
school board here; he's talked to me when I went to the school board
to listen to his presentation; I believe he's individually talked to some
of you.
I would just like permission to have this gentleman corne and
present this particular product or his services to the board. What he's
trying to do is garner a series of entities for support, for instance,
Collier County, the City of Naples, the school board, to try to pool the
money in order to make the project a -- to corne to fruition. It's a
series of anywhere from three to nine video historical pieces on
Collier County, and that's up to the board in order to do it.
But I'd just like him to present, and if you'd like to do that, then I
can set him up to corne in front of the board under my agenda item for
the next board meeting.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: It's my understanding Mr.
Jarnro's been taken (sic) around to the Board ofCornrnissioners, and I
think I was the last one. Mr. Jarnro, from my understanding, he said
that he put that in his budget the following year.
If that's the way -- how the funding is for this outside program,
then I would recommend go to the TDC first before it comes to the
Board of Commissioners, because that's where the majority of the
money from the museum comes from. I think we should have
Page 121
February 8, 2005
recommendations from the TDC, my opinion.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: I basically viewed the presentation.
I was very much impressed. And wherever the funds corne from, I
think it's something that's very, very beneficial, not only to the adults
that live here in Collier County, but also to the school children here in
Collier County.
I was very much impressed with the presentation, and I would
think that if you looked at the presentation and viewed it for what it's
worth, I think that the benefit outweighs whatever the initial cost is
involved in this thing, and I think we ought to move forward on it.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: I won't belabor it. I also agree
with Commissioner Halas on that.
MR. MUDD: Commissioner, all I'm -- all I'm asking to do is
have this gentleman present. I'm not asking for a buy-in on the
particular program. I just want to make sure everybody's aware of it
and then also vet it in the public so that they have an idea, because not
only are -- you know, if -- let's -- for instance, if one of the pieces -- if
one of the -- if one of the pieces has to do with the namesake of this
county, then I would assume that the business that now carries his
name will probably contribute to that particular segment, and it
wouldn't corne out of some public funds.
COMMISSIONER FIALA: I agree with you. I think I'd like to
see it again. I hate to cut you off. But, you know, we ought to just go
there. Yeah, you want the approval, I say go with it.
CHAIRMAN COYLE: Yeah. And with respect to the funding, I
tend to agree with you. I think a lot of people have a stake in this, the
City of Naples, the City of Marco, Everglades City, others, the school
board, all have a stake in it.
I would say to you I think it's a real stretch trying to get TDC
funds because I don't think there's a rational nexus between this and
Page 122
February 8, 2005
attracting -- attracting tourists to Collier County, but I do think it's a
worthwhile effort. But I think you're right, we shouldn't have to pick
up a major portion of the cost. I think there are other ways to fund it.
COMMISSIONER HALAS: Well, I think it's going to be done
by grants too. There's grants money involved.
MR. MUDD: Mr. Chairman, Commissioners --
CHAIRMAN COYLE: That's it.
MR. MUDD: -- I'll schedule it for the 22nd meeting.
That's all I have, sir.
CHAIRMAN COYLE: Okay. That's -- okay. And -- okay,
David? Do you have anything for us?
MR. WEIGEL: Nothing further, no. Thank you.
CHAIRMAN COYLE: Okay. And we'll start with
Commissioner Henning then.
COMMISSIONER HENNING: Just wanted the board and the
public to be aware that we have two communities that -- in Collier
County that has received awards from the Community Association
Institute in the chapter in Southwest Florida; one recognizing a
medium category type residential would be Crystal Lakes R V
subdivision in Commissioner Coletta's district, and the other one
would be Village Walk Homeowners' Association for being a larger
type residential community. So we've got some outstanding
communities in Collier County, and they've been duly recognized.
That's it.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I'm sorry about all the
coughing today. You can just call me Pine Pollen Polly. Hopefully it
will be gone next time.
I just want to say hello to Rita and Ed in case they happen to be
watching, who are visiting from Michigan.
And with that, I will close.
CHAIRMAN COYLE: Okay. Commissioner Halas?
Page 123
February 8, 2005
COMMISSIONER HALAS: Yes. I would like to let my fellow
commissioners know that the county manager, Jim Mudd, and myself,
we've been -- or I've been talking to elected officials here in Southwest
Florida, and we're planning a trip around February the 28th for about
four days to Washington, D.C., and we're hoping to take along with us
some of the elected legislative officials here in Southwest Florida.
And we want to go to -- we're on our way to Washington, and
hopefully we can lobby in support of turning loose funds quicker than
is anticipated for the expansion of I - 75.
And we're also going to bring up on that agenda the possibility of
opening up the exit at Everglades Boulevard and I - 7 5 and also
addressing the possibility of -- hopefully we can gather support and
funds for the bypass for 29 and 82.
And we've gotten the support from Mike Davis, also Judy
Williams, and Dudley Goodlerte. So we've got a lot of horsepower
behind us, and I think some of those are going to join us on our tour to
Washington.
And the other issue that I would like to bring up, and I think it's
concerned -- I'm very concerned about W2 forms that are issued to not
only us but to all the employees of Collier County. And the statutes,
the federal statute says that the -- that the people should have those in
their hand by the 31 st of January.
And, of course, the clerk of court said that these were mailed out
on the 26th. And still as of today, there have been many of the
employees of Collier County that have not received their W2 forms.
I would hope that we could work with the clerk of courts in
regards to addressing this issue for next year whereby, that the W2
forms are included with the first paycheck of the year for our
employees, because I think a lot of our employees are entitled to
refunds. And I think this is an issue that we need to address.
So I'm hoping that the county manager and staff here can work
with the clerk of courts to see what needs to be done to expedite these
Page 124
February 8, 2005
W2 forms.
CHAIRMAN COYLE: I'll support that. You've got three nods.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. I just want to
compliment Commissioner Halas for his involvement outside of the
commission itself to be able to move issues forward and to wish you
the best of luck on your trip --
COMMISSIONER HALAS: Thank you.
COMMISSIONER COLETTA: -- to Washington, D.C., and I
hope within the near future other commissioners follow through with
their own legislative efforts to keep this ball rolling forward.
Thank you very much. It's been an enjoyable meeting. Good
night, folks.
CHAIRMAN COYLE: Thank you very much. We are
adjourned.
Commissioner Henning moved, seconded by Commissioner
Halas and carried unanimously, that the following items under the
Consent and Summary Agendas be approved and/or adopted: *****
Item #16Al
FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR
VENTANAS I AT TIBURON (PARCEL 7000 MIDRISE)-
Item #16A2
FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR
CAPITAL SELF-STORAGE, PHASE 2 - WI RELEASE OF
Page 125
February 8, 2005
Item #16A3
FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR
MONTELENA AT THE VINEYARDS - W/RELEASE OF
Item #16A4
SATISFACTIONS OF LIEN FOR RESOLUTION NOS: 2002-070
STYLED BOARD OF COUNTY COMMISSIONERS VS. CHINNESE
M WINTERS; 2003-012 STYLED BOARD OF COUNTY
COMMISSIONERS VS. BRENT C. AND CYNTHIA A. WALKER;
2004-271 STYLED BOARD OF COUNTY COMMISSIONERS Vs.
BONNIE FENTON; 1998-256 STYLED BOARD OF COUNTY
COMMISSIONERS VS. JULIO DOMINGUEZ ESTATE AND JOHN
R. DOMINGUEZ, PERSONAL REPRESENTATIVE; 1998-430
STYLED BOARD OF COUNTY COMMISSIONERS VS. JULIO
DOMINGUEZ ESTATE AND JOHN R. DOMINGUEZ, PERSONAL
REPRESENTATIVE; 1999-023 STYLED BOARD OF COUNTY
COMMISSIONERS VS. JULIO DOMINGUEZ ESTATE AND JOHN
R. DOMINGUEZ, PERSONAL REPRESENTATIVE; 1999-092
STYLED BOARD OF COUNTY COMMISSIONERS VS. JULIO
DOMINGUEZ ESTATE AND JOHN R. DOMINGUEZ, PERSONAL
REPRESENTATIVE; 2003-387 STYLED BOARD OF COUNTY
COMMISSIONERS VS. JOHN R. DOMINGUEZ, ET AL; 2003-392
STYLED BOARD OF COUNTY COMMISSIONERS VS. JOHN R.
DOMINGUEZ, EL AL; 2004-265 STYLED BOARD OF COUNTY
COMMISSIONERS VS. JOHN R. DOMINGUEZ, ET AL; 2001-462
STYLED BOARD OF COUNTY COMMISSIONERS VS. JULIO
DOMINGUEZ; 2002-109 STYLED BOARD OF COUNTY
COMMISSIONERS VS. JULIO DOMINGUEZ; 2002-166 STYLED
BOARD OF COUNTY COMMISSIONERS VS. JULIO DOMINGUEZ;
Page 126
February 8, 2005
2002-178 STYLED BOARD OF COUNTY COMMISSIONERS VS.
JULIO DOMINGUEZ; 2002-346 STYLED BOARD OF COUNTY
COMMISSIONERS VS. JULIO DOMINGUEZ; 2002-390 STYLED
BOARD OF COUNTY COMMISSIONERS VS JULIO DOMINGUEZ;
2003-123 STYLED BOARD OF COUNTY COMMISSIONERS Vs.
JULIO DOMINGUEZ - AS DETAILED IN THE EXECUTIVE
SllMMARY
Item #16A5
SATISFACTIONS OF LIEN FOR CODE ENFORCEMENT BOARD
CASE NOS: 2003-021: BOARD OF COUNTY COMMISSIONERS
VS. KENNETH D. AND LESLIE K. CARTER; 2004-034; BOARD OF
COUNTY COMMISSIONERS VS. PREMISE RICHARD AND
RIGAUD CALIXTE AND 2003-048: BOARD OF COUNTY
COMMISSIONERS VS. MONIKA B. VAN STONE - AS DETAILED
Item # 16A6
SATISFACTIONS OF LIEN FOR SPECIAL MASTER CASE NOS:
SO 134902: STYLED BOARD OF COUNTY COMMISSIONERS VS.
CORNELIUS JACKSON AND CO 2004100411: STYLED BOARD
OF COUNTY COMMISSIONERS VS. LARRY SAUNDERS - AS
Item #16A7
TERMINATING CONTRACT #03-3504 WITH HENDERSON,
YOUNG AND COMPANY RELATIVE TO THE EMERGENCY
MEDICAL SERVICES IMPACT FEE UPDATE STUDY,
WAIVING THE FORMAL COMPETITION PROCESS AND
SOLICITING PROPOSALS TO SELECT A NEW CONSULTANT
Page 127
February 8, 2005
TO UPDATE THE EMERGENCY MEDICAL SERVICES
IMPACT FEE (ESTIMATED AMOUNT NOT-TO-EXCEED
$40,000) - SCHEDULE SPECIFICATIONS AND OUTLINED
TASKS OF THE CONTRACT HAVE BEEN UNABLE TO BE
COMELEIED
Item #16B1
A BUDGET AMENDMENT MODIFYING THE
TRANSPORTATION SERVICES ADOPTED BUDGET AND
MOVING ALL COSTS THAT ARE SHARED IN THE NEW
TRANSPORTATION SERVICES BUILDING, IN THE AMOUNT
OF $68,129.70 FOR FY 05, INTO ONE COST CENTER - AS
Item # 16B2
AWARDING BID #05-3750 "RATTLESNAKE HAMMOCK ROAD
(CR 864) (US 41 TAMIAMI TRAIL EAST TO POLLY AVENUE)
ROADWAY GROUNDS MAINTENANCE" TO GROUND ZERO
LANDSCAPING SERVICES, INC. IN THE AMOUNT OF
Item # 16B3
AN AGREEMENT FOR THE CONVEYANCE OF RIGHT-OF-
WAY REQUIRED FOR THE CONSTRUCTION OF
IMPROVEMENTS TO RATTLESNAKE HAMMOCK ROAD
BETWEEN POLLY AVENUE AND COLLIER BOULEVARD, IN
EXCHANGE FOR REMOVING THE EXISTING ENTRANCE
AND CONSTRUCTING A NEW ENTRANCE AND DRIVEWAY
FOR THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY,
Page 128
February 8, 2005
FLORIDA'S BUS FACILITY AT 6543 RATTLESNAKE
HAMMOCK ROAD (PROJECT NO. 60169) ESTIMATED_FISCAL
IMPACT: $180,762.00 - FOR FOUR-LANE IMPROVEMENTS
Item #16C1
SATISFACTIONS OF LIEN DOCUMENTS FILED AGAINST
REAL PROPERTY FOR ABATEMENT OF NUISANCE AND
DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FISCAL
IMPACT IS $30.00 TO RECORD THE SATISFACTIONS OF LIEN
Item #16C2
RESOLUTION 2005-83: APPROVING 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 - AS DETAILED IN THE EXECUTIVE
SllMMARY
Item #16C3
THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT
GRANT IN THE AMOUNT OF $100,552.00 FOR SECURITY
IMPROVEMENTS THROUGHOUT THE COLLIER COUNTY
WATER DISTRICT - AS DETAILED IN THE EXECUTIVE
SllMMARY
Page 129
February 8, 2005
Item #16C4
AWARDING BID NO. 05-3777 - "PURCHASE & DELIVERY OF
SULFURIC ACID" TO SULFURIC ACID TRADING COMPANY,
INC. IN THE APPROXIMATE ANNUAL AMOUNT OF
$400,000.00 - USED IN THE TREATMENT OF RAW WATER
AND THE PRODUCTION OF POTABLE WATER AS A PH
CONTROL TO LESSEN MEMBRANE SCALING AND TO
illIIMI.ZE.l)RG A SIEJ~A 110N
Item # 16C5
BUDGET AMENDMENTS TO TRANSFER CARRY FORWARD
FUNDS, IN THE AMOUNT OF $53,500, FROM THE SOLID
WASTE DEPARTMENT AND $85,500 FROM THE POLLUTION
CONTROL DEPARTMENT, TO FUND THE FINAL
CONSTRUCTION PORTION OF THE OFFICE RENOVATION
PROJECT FOR THE PUBLIC UTILITIES OFFICES ON THE
THIRD FLOOR OF BUILDING H - AS DETAILED IN THE
Item # 16C6
THE BOARD OF COUNTY COMMISSIONERS, AS EX-OFFICIO
THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, AUTHORIZING PAYMENT OF
$72,000.00 TO UNIV AR USA INC. FOR CHEMICALS
PURCHASED (50% SODIUM HYDROXIDE) AND USED, ON
BLANKET PURCHASE ORDER UNTIL CHEMICAL
NEGOTIATIONS WERE FINALIZED AND LOW BIDDER
ESTABLISHED - TO PRODUCE SAFE, QUALITY DRINKING
Page 130
~._--,
February 8, 2005
WATER AT THE NORTH AND SOUTH WATER TREATMENT
ELANTS
Item #16C7
NOTICES OF CLAIM OF LIEN FOR THE ENFORCEMENT OF
THE NOTICE TO PAY SEWER IMPACT FEE FOR CERTAIN
PROPERTIES LOCATED IN THE FORMER ROOKERY BAY
SEWER SERVICE AREA THE FISCAL IMPACT IS $130.00 TO
RECORD THE NOTICES OF CLAIM OF LIEN - AS DETAILED
Item # 16C8
AWARDING CONTRACT 05-3736R, TO QUALITY
ENTERPRISES, USA, INC. IN THE AMOUNT OF $257,691, TO
RESTORE THE WETLANDS AT THE SOUTH COUNTY WATER
RECLAMATION FACILITY, PROJECT 73949 - AS DETAILED IN
Item #16D1
DESIGNATING COLLIER COUNTY DOMESTIC ANIMAL
SERVICES, IN CHARGE OF MANAGING DISPOSITION OF
IMPOUNDED ANIMALS, PURSUANT TO FLORIDA STATUTE,
CHAPTER 588 AND SECTION 14, ARTICLE II CODE OF LAWS
AND ORDINANCES OF COLLIER COUNTY, FLORIDA,
BETWEEN COLLIER COUNTY AND THE COLLIER COUNTY
SHERIFF'S OFFICE - INCLUDING BUT NOT LIMITED TO ALL
Item #16D2
Page 131
February 8, 2005
AN ENTERTAINMENT CONTRACT FOR THE 7TH ANNUAL
COUNTRY JAM, TO BE HELD MARCH 11 AND 12,2005 AT
VINEYARDS COMMUNITY PARK-AS DETAILED IN THE
Item #16D3
DEDUCTIVE CHANGE ORDER NO.4 TO CONTRACT NO. 01-
3189, IN THE AMOUNT OF $452,280.80, FOR DIRECT
PURCHASE OF MATERIALS FOR THE NORTH NAPLES
Item #16El
RESOLUTION 2005-84; AUTHORIZING THE CHAIRMAN OF
THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, TO EXECUTE AGREEMENTS, DEEDS,
AND OTHER DOCUMENTS REQUIRED FOR THE SALE OF
GAC LAND TRUST PROPERTY DURING THE 2005 CALENDAR
YEAR
Item #16Fl
BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE
$12,000 OF UNANTICIPATED REVENUE FROM THE ISLES OF
Item #16F2
AUTHORIZATION TO REMOVE FROM THE BOOKS AND
RECORDS OF COLLIER COUNTY CERTAIN ACCOUNTS AND
Page 132
February 8, 2005
THEIR RESPECTIVE BALANCES WHICH HAVE BEEN
PREVIOUSL Y RECOGNIZED AND RECORDED AS BAD DEBT
Item #16F3
PAYMENT OF PERMIT FEES TO THE FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION FOR MARCO SOUTH
BEACH RENOURISHMENT IN THE AMOUNT OF $8,690,
PROJECT 90502 - FOR DREDGING CAXAMBAS PASS AND
Item #16F4
APPROVAL OF BUDGET AMENDMENTS - AS DETAILED IN
Item #16Gl- Continued to the February 22,2005 BCC Meeting
EXECUTE THE IMPACT FEE ASSISTANCE GRANT
AGREEMENT BETWEEN THE COMMUNITY
REDEVELOPMENT AGENCY AND THE GRANT APPLICANT
WITHIN THE BA YSHORE/GA TEW A Y TRIANGLE
REDEVELOPMENT AREA - AS DETAILED IN THE
Item #16G2
EXTENDING THE RESIDENTIAL SITE IMPROVEMENT
GRANT AGREEMENT BETWEEN THE COMMUNITY
REDEVELOPMENT AGENCY AND MS. MITZIE SHEEHAN, A
GRANT WITHIN THE BA YSHORE/GA TEW A Y TRIANGLE
Page 133
February 8, 2005
COMMUNITY REDEVELOPMENT AREA DUE TO CERTAIN
CONSTRUCTION DELAYS - AS DETAILED IN THE
Item #16G3
BCC ACTING AS THE COMMUNITY REDEVELOPMENT
AGENCY APPROVING THE CRA'S $131,000 BUDGET
AMENDMENT FROM FUND 187, BAYSHORE/GATEWAY
TRIANGLE REDEVELOPMENT AREA GENERAL RESERVES,
TO FUND 187 RESIDENTIAL REHAB, TO COVER COSTS
ASSOCIATED WITH THE REDEVELOPMENT AREA'S
RESIDENTIAL REHABILITATION GRANT PROGRAM - AS
Item #16G4
WAIVING THE PURCHASING POLICY AND AUTHORIZING
THE HIRING OF A TEMPORARY EMPLOYMENT FIRM FOR
THE COLLIER COUNTY REDEVELOPMENT AGENCY
BA YSHORE/GA TEW A Y TRIANGLE REDEVELOPMENT AREA,
AND APPROVING ANY AND ALL BUDGET AMENDMENTS -
Item # 16G5
BCC ACTING AS THE COMMUNITY REDEVELOPMENT
AGENCY RATIFYING THE CRA'S BA YSHORE/GA TEW A Y
TRIANGLE REDEVELOPMENT AREA ADVISORY BOARD'S
DECISION TO USE COASTAL STAFFING SERVICE, INC. TO
PROVIDE TEMPORARY STAFFING FOR THE
BA YSHORE/GA TEW A Y TRIANGLE REDEVELOPMENT AREA
Page 134
February 8, 2005
OFFICE UNTIL THE CRA RATIFIES THE HIRING OF THE
REDEVELOPMENT AREA'S NEW EXECUTIVE DIRECTOR;
AND TO TRANSFER ALL NECESSARY FUNDS FROM FUND
187 RESERVES TOA TEMPORARY STAFFING EXPENSE LINE
ITEM TO ENSURE STAFFING DURING THE PERIOD OF TIME
WITHOUT AN EXECUTIVE DIRECTOR - AS DETAILED IN
Item #16Hl
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING THE EAST NAPLES CIVIC ASSOCIATION
ANNUAL BANQUET CELEBRATION, HELD ON JANUARY 17,
2005, AT THE NAPLES LAKES COUNTRY CLUB, SERVING A
VALID PUBLIC PURPOSE $35.00 TO BE PAID FROM
Item #16H2
COMMISSIONER HALAS' REQUEST FOR PAYMENT TO
ATTEND THE 2005 LIFE (LEADERSHIP IN FOSTERING
EDUCATION) AWARD CEREMONY, AT THE REGISTRY
RESORT, ON FEBRUARY 25, 2005, SERVING A VALID PUBLIC
PURPOSE. $100.00 TO BE PAID FROM COMMISSIONERS
HAl ,A S' TR A VEL..BlID.GET
Item #161
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR
REFERRED
The following miscellaneous correspondence, as presented by the
Page 135
February 8, 2005
Board of County Commissioners, has been directed to the various
departments as indicated:
Page 136
BOARD OF COUNTY COMMISSIONERS
NUSCELLANEOUSCORRESPONDENCE
February 8, 2005
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO ÞlLE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
1. Productivity Committee - Minutes for December 15, 2004.
H:Data/Format
February 8, 2005
Item #16Jl
A DETERMINATION OF WHETHER THE PURCHASES OF
GOODS AND SERVICES DOCUMENTED IN THE DETAILED
REPORT OF OPEN PURCHASE ORDERS FROM JANUARY 8,
2005 TO JANUARY 21,2005 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, W. HARMON TURNER BUILDING, 3301
Item #16J2
THE FINANCE AND ACCOUNTING DEPARTMENTS BUDGET
AMENDMENTS REQUIRED FOR THE REBATE OF
ARBITRAGE ON THE 1997 SPECIAL OBLIGATION REVENUE
BONDS AND COMMERCIAL PAPER LOANS A13-1 AND A14-1
Item #16Kl
THE MAKING OF AN OFFER OF JUDGMENT TO
RESPONDENTS, ZIAD SHAHLA AND HEIDI FLEER FOR
PARCEL NO. 146, IN THE AMOUNT OF $18,150.00, IN THE
LAWSUIT STYLED COLLIER COUNTY V ZIAD SHAHLA, ET AL.,
CASE NO. 04-600-CA (VANDERBILT BEACH ROAD PROJECT
Item #16K2
THE MAKING OF AN OFFER OF JUDGMENT TO
Page 137
February 8, 2005
RESPONDENT, ALEXANDER S. OPPLIGER FOR PARCEL NO.
148 IN THE AMOUNT OF $16,180.00 IN THE LAWSUIT STYLED
COLLIER COUNTY V ZIAD SHAHLA, ET AL., CASE NO. 04-600-
CA (VANDERBILT BEACH ROAD PROJECT 63051)
Item #16K3
THE MAKING OF AN OFFER OF JUDGMENT TO
RESPONDENT, PATRICIA A. CARTER FOR PARCEL NO. 149 IN
THE AMOUNT OF $18, 150.00 IN THE LAWSUIT STYLED
COLLIER COUNTY V ZIAD SHAHLA, ET AL., CASE NO. 04-600-
CA (VANDERBILT BEACH ROAD PROJECT 63051 - AS
Item #16K4
AN INCREASE TO PURCHASE ORDER NO. 4500038066,
GERSON, PRESTON, ROBINSON & CO., P.A., EXPERT
WITNESSES AND CONSULTANTS FOR THE COUNTY IN THE
LAWSUITS ENTITLED COLLIER COUNTY V WAL-MART
STORES, INC., ET AL., CASE NO. 04-3632-CA, AND COLLIER
COUNTY V. FIRST NATIONAL BANK, ET AL., CASE NO. 04-
3587-CA (IMMOKALEE RD. PROJECT 66042), FOR AN
AMOUNT NOT TO EXCEED $40,000.00 - AS DETAILED IN THE
Item #16K5
THE MAKING OF AN OFFER OF JUDGMENT PURSUANT TO
SECTION 73.032, FLA. STAT., TO RESPONDENT, HELEN
VALENT ("RESPONDENT"), IN THE AMOUNT OF $79,465.00,
Page 138
February 8, 2005
AS FULL COMPENSATION, EXCEPTING ATTORNEY'S FEES
AND COSTS, FOR THE ACQUISITION ARISING OUT OF THE
CONDEMNATION OF PARCEL NO. 157 IN COLLIER COUNTY
V HELEN V ALENT, ET AL., CASE NO. 04-524-CA - AS
Item #16K6
STIPULATED FINAL JUDGMENT FOR PAYMENT OF FULL
COMPENSATION FOR THE TAKING OF PARCELS 143AAND
143B IN THE LAWSUIT STYLED COLLIER COUNTY V THE
COURTYARDS AT QUAIL WOODS CONDOMINIUM ASSOC., INC.,
ET AL., CASE NO. 04-3833-CA. (IMMOKALEE RD. PROJECT
66042) - STAFF TO DEPOSIT THE SUM OF $3,350.00 WITH THE
CLERKilF COURT
Item #16K7
STIPULATED FINAL JUDGMENT AS TO PARCEL 200
RELATIVE TO THE SIMPLE FEE ACQUISITION IN THE
LAWSUIT STYLED COLLIER COUNTY V JEFFREY A.
RICHARDSON, ET AL., CASE NO. 02-2188-CA (IMMOKALEE
ROAD PROJECT #60018) - STAFF TO PAY THE SUM OF
$15,856.67 TO THE ROETZEL & ANDRESS TRUST ACCOUNT
Item #16K8
A BUSINESS DAMAGE OFFER, BY THE COUNTY
ATTORNEY'S OFFICE, MAKING TO SETTLE A CLAIM FOR
BUSINESS DAMAGES BY B.F. FT. MYERS, INC. D/B/A
WENDY'S OLD FASHIONED HAMBURGERS RESTAURANTS
Page 139
February 8, 2005
ASSOCIATED WITH THE ACQUISITION OF PARCEL 134, IN
THE LAWSUIT STYLED COLLIER COUNTY V FIRST NATIONAL
BANK OF NAPLES, ET AL., CASE NO. 04-3587-CA (IMMOKALEE
ROAD PROJECT 66042) - THE COUNTY ATTORNEY'S OFFICE
Item #16K9
STIPULATED FINAL JUDGMENT FOR PAYMENT OF FULL
COMPENSATION FOR THE TAKING OF PARCEL 169 IN THE
LA WSUIT STYLED COLLIER COUNTY V ISMAEL GONZALES,
ET AL., CASE NO. 02-2159-CA (IMMOKALEE RD. PROJECT
60018) - STAFF TO PAY THE SUM OF $15,408.00 PURSUANT
Item#17A
ORDINANCE 2005-06: SE-04-AR-6830, AN ORDINANCE
AMENDING ORDINANCE 04-69, THE TERAFINA PLANNED
UNIT DEVELOPMENT (PUD) TO CORRECT A SCRIVENER'S
ERROR RESULTING FROM THE INCLUSION OF AN
INCORRECT ZONING MAP NUMBER IN THE TITLE OF THE
TRANSMITTAL COPY OF THE ADOPTED ORDINANCE SENT
TO THE STATE DEPARTMENT OF COMMUNITY AFFAIRS
FOR THE PROPERTY LOCATED APPROXIMA TEL Y ONE MILE
NORTH OF IMMOKALEE ROAD (CR 846) IN SECTION 16,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
ELDRIDA
Item #17B
ORDINANCE 2005-07: RZ-2004-AR-6209, COLLIER COUNTY
Page 140
February 8, 2005
BOARD OF COUNTY COMMISSIONERS, REPRESENTED BY
DWIGHT NADEAU OF RW A, INC. AND DALAS DISNEY, OF
DISNEY AND ASSOCIATES, REQUESTING A REZONE FROM
THE ESTATES (E) ZONING DISTRICT TO THE PUBLIC USE (P)
ZONING DISTRICT TO EXPAND UPON THE CURRENT USE OF
REPAIR AND STORAGE OF VEHICLES BELONGING TO THE
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,
AND RELOCATE SIMILAR FACILITIES FOR THE COLLIER
COUNTY SHERIFF'S OFFICE AND EMERGENCY MEDICAL
SERVICES ON-SITE, THE PROPERTY CONSISTING OF 9.96
ACRES, IS LOCATED AT 2901 COUNTY BARN ROAD,
SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
=A
Item #17C
RESOLUTION 2005-85: A VPLAT2004-AR6835 TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY'S AND THE
PUBLIC'S INTEREST IN A PORTION OF THE 35 FOOT WIDE
DRAINAGE EASEMENT LOCATED ALONG THE REAR OF
LOTS 1 THROUGH 19 AND TRACT B2, ACCORDING TO THE
PLAT OF "SANTORINI VILLAS AT OLDE CYPRESS" AS
RECORDED IN PLAT BOOK 34, PAGES 47 THROUGH 48,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26
FAST
Item #17D
: SNR-2003-AR-4982, BILL L.
NEAL, REPRESENTING BA YSHORE BEAUTIFICATION
MUNICIPAL SPECIAL TAXING UNIT, REQUESTING A STREET
Page 141
February 8, 2005
NAME CHANGE FROM BA YSHORE DRIVE TO BOTANICAL
GARDEN PARKWAY, LOCATED IN SECTIONS 11, 14,23 726,
TO~SOSO~2SRAST
Item #17E
ORDINANCE 2005-08: AN ORDINANCE AMENDING SECTION
74-201 (G) OF THE COLLIER COUNTY CONSOLIDATED
IMPACT FEE ORDINANCE, 2001-13, AN AMENDED, WHICH IS
CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES, TO PROVIDE FOR A CHANGE IN THE
TIMING OF THE SUBMITTAL OF APPLICATIONS FOR
PARTICIPATION IN THE "IMMOKALEE RESIDENTIAL
IMPACT FEE DEFERRAL PROGRAM" IN ORDER TO ALLOW
FOR MORE EFFECTIVE AND EFFICIENT MANAGEMENT OF
IlIEffiOGRAM
Page 142
. _".·"·M_~.'____"'~'"
February 8, 2005
*****
There being no further business for the good of the County,
the meeting was adjourned by order of the Chair at 1 :50 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
~w.C+
FRED W. COYLE, Chairman
ATTEST:
DWIGHT E. BROCK, CLERK
.
A Ii AS ~.., ";,, .q.:, ': ~ 'f
¥t':S~~~~:ålì~~ by the Board on ~ e, lCV5
presented -.·:..'V::x~"·· or as corrected
, as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 143