BCC Minutes 04/10/2007 R
April 10, 2007
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 10, 2007
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board( s) of such
special district as has been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: Jim Coletta
Tom Henning
Donna Fiala
Frank Halas
Fred W. Coyle
ALSO PRESENT:
Jim Mudd, County Manager
David Weigel, County Attorney
Crystal Kinzel, Office of the Clerk of Court
Derek Johnssen, Office of the Clerk of Court
(Commissioner Fiala is absent from the Commission Meeting until
after the luncheon recess.)
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
April 10, 2007
9:00 AM
Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman
Tom Henning, BCC Vice- Chairman, District 3
Donna Fiala, BCC Commissioner, District 1; CRAB Chairman
Frank Halas, BCC Commissioner, District 2
Fred W. Coyle, BCC Commissioner, District 4
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. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
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."
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April 10, 2007
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
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 A V AILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Captain Alejandro Castillo, The Salvation Army
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
B. January 12, 2007 - BCC/ Annexation Meeting
C. March 13, 2007 - BCC/Regular Meeting
D. March 19,2007 - BCC/East Naples Fire Control District Workshop
E. March 20,2007 - BCC/School Board Joint Workshop
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
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April 10, 2007
5-vear Recipients
1) Ms. Susan Becker - Tourist Development Council
4. PROCLAMATIONS
A. Proclamation designating April as Water Conservation Month. The State of
Florida, Water Management Districts and Collier County are working
together to increase awareness about the importance of water conservation.
To be accepted by Mr. Paul Mattausch, Director, Water Administration
Department and Mr. Clarence Tears, Director, Big Cypress Basin, South
Florida Water Management District.
B. Proclamation designating April 22, 2007 as EARTH DAY IN COLLIER
COUNTY. Collier County wishes to join millions of people across the globe
in maximizing awareness and celebration ofthis day. To be accepted by Mr.
Raymond Smith, Director, Pollution Control and Prevention; Mr. Dan
Rodriguez, Director, Solid Waste; and Mr. John Yonkosky, Director, Utility
Billing and Customer Service.
C. Proclamation designating April 10, 2007 as Guadalupe Center of Immokalee
Day and to recognize that the lives of the families and residents of
Immokalee are forever changed because of the partnership between the
Guadalupe Center and the community ofImmokalee and residents of Collier
County. To be accepted by Mr. Desmond Barrett, Director of Early
Childhood Education, Guadalupe Center ofImmokalee.
D. Proclamation to designate April 9-13, 2007 as THE 28TH ANNIVERSARY
OF KNOW YOUR COUNTY GOVERNMENT WEEK to recognize that
increasing one's knowledge of how various aspects of county government
works can enhance an individual's quality oflife in Collier County. To be
accepted by two Naples-area high school students: Anthony Esparza from
Naples High School and Stephanie Alvarez from Barron Collier High
School.
E. Proclamation designating the month of April as Child Abuse Prevention
Month to bring attention to the community to increase their participation in
our efforts to support families, thereby preventing child abuse and
strengthening the communities in which we live. To be accepted by Mr. Ron
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April 10, 2007
McSwiney, Executive Director, Youth Haven Inc.
F. Proclamation designating May 13-19, 2007 as Tourism Week in Collier
County to recognize the importance of travel and tourism in our community.
To be accepted by Mr. Jack Wert, Director, Department of Tourism.
5. PRESENTATIONS
6. PUBLIC PETITIONS
Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item was continued from the September 12, 2006 BCC meetinl! and
the December 12,2007 BCC meetinl! and is further reQuested by the
petitioner to be continued indefinitely. This item requires that all
participants be sworn in and ex parte disclosure be provided by Commission
members. Petition: PUDZ-A-2005-AR-8438: Lakeview Drive of Naples,
LLC, represented by Clay Brooker, ofCheffy, Passidomo, Wilson &
Johnson, LLP, requesting a rezone from the Residential Multiple Family-6
(RMF-6 & RMF-6(3)) zoning districts (a portion of which is subject to a
Special Treatment Overlay (ST)) to the Residential Planned Unit
Development (RPUD) by amending the approved Windstar PUD to add the
subject 20.52 acres and its additional residential units thereby allowing a
maximum of 584 residential units on 341.1 acres. The subject property is
generally located on the west side of Bay shore Drive, approximately 0.6
miles south of the Bayshore Drive and U.S. 41 (Tamiami Trail East)
intersection in Sections, 11, 14 and 23 Township 50 South, Range 25 East,
Collier County, Florida.
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. SNR-2007-AR-11244
(AB) The Philharmonic Center for the Arts, represented by Joseph Crowley,
Jr, is requesting a street name change. The application proposes to change to
Myra Janco Daniels Boulevard that portion of West Boulevard on the north
side of Seagate Drive to its intersection with Pelican Bay Boulevard. The
street is located in the southernmost section of Pelican Bay, just north of
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April 1 0, 2007
Seagate Drive and west of the Tamiami Trail North (US Rt. 41), Section 9,
Township 49 South, Range 25 East, Collier County, Florida.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Immokalee EZDA.
B. Appointment of members to the Hispanic Affairs Advisory Board.
C. Appointment of member to the Industrial Development Authority.
D. Appointment of member to the Educational Facilities Authority.
E. Appointment of member to the Tourist Development Council.
F. Appointment of member to the Collier County Airport Authority.
G. Recommendation to adopt a Resolution of the Board of County
Commissioners to support additional funding for Florida Forever and the
creation of a successor program. (Commissioner Coletta)
H. This item to be heard at 6:00 p.m. Telephone conference with Collier
County's Legislative Delegation in Tallahassee to discuss on-going
legislative proposals for Property Tax Reform. (Commissioner Coletta)
10. COUNTY MANAGER'S REPORT
A. Recommendation that the Board of County Commissioners of Collier
County, Florida, adopt a Resolution approving an application for a
Charitable Organization Impact Fee Waiver, in accordance with Section 74-
203(i) of the Collier County Code of Laws and Ordinances (The Collier
County Consolidated Impact Fee Ordinance), in the amount of$lOO,OOO, for
Collier Health Services, Incorporated and approve a reimbursement of
impact fees, in the amount of $1 00,000 paid on Building Permit No.
2006091892.(Joseph K. Schmitt, Administrator, Community Development
and Environmental Services)
B. To receive Board approval to enter into two agreements with the South
Florida Water Management District, Agreement No. 4600000625 and
Agreement No. 4600000627, providing funding assistance for construction
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April 10, 2007
of Phase lA of the Lely Area Stormwater Improvement Project in the
amount of $1,190,000 and $800,000 of funding assistance for construction
of the Gateway Triangle Stormwater Improvement Project. (Norman Feder,
Administrator, Transportation Services)
C. Recommendation to adopt a superseding resolution authorizing the
condemnation of fee simple, Temporary Construction Easements and
Perpetual, Non-Exclusive Access, Drainage and Maintenance Easement
interests necessary for the construction of Phase 1 B South of the Lely Area
Stormwater Improvement Project (LASIP). (Capital Improvement Element
No. 291, Project No. 511012). Estimated fiscal impact: $960,000.00.
(Norman Feder, Administrator, Transportation Services)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
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
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) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearinl! be held on this item, all
participants are reQuired to be sworn in. Recommendation to grant
final approval of the roadway (private) and drainage improvements
for the final plat of Cardinal Cove at Fiddlers Creek. The roadway and
drainage improvements will be privately maintained
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April 1 0, 2007
2) Recommendation to approve final acceptance of the water and sewer
facilities for Summit Place in Naples, Phase
3) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearinl! be held on this item, all
participants are reQuired to be sworn in. Recommendation to grant
final approval of the roadway (private) and drainage improvements
for the final plat of Verona walk Townhomes Phase One. The roadway
and drainage improvements will be privately maintained.
4) Recommendation to approve final acceptance of the water and sewer
utility facilities for Forest Glen, Phase 1 A.
5) Recommendation to approve final acceptance of the water and sewer
utility facilities for Forest Glen, Phase IE.
6) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to approve
for recording the final plat of "Manchester Square Unit 1"
7) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearinl! be held on this item, all
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of Lipari-Ponziane Tract GC-5
Replat.
8) Recommendation to approve the Release and Satisfactions of Lien for
payments received for the following Code Enforcement actions: Kite
Kings Lake, LLC and Cricket Lake Apartment, LLC.
B. TRANSPORTATION SERVICES
1) Recommendation that the Board of County Commissioners approve
two (2) Adopt-A-Road Program Agreements with four (4) recognition
signs at a total cost of $300.00
2) Recommendation to award bid #07-4119 Livingston Road Phase 1, 2,
3, and 5 Grounds Maintenance to Commercial Land Maintenance at a
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April 10, 2007
base amount of$359,596.l0. (Project # 600714, 620715, and 650414)
3) Recommendation to authorize the County Manager or his designee to
execute the attached Shirley Conroy Rural Area Capital Equipment
Support Grant and the applicable documents, and to accept the grant if
awarded.
4) Recommendation to approve a budget amendment in the amount of
$6,697 from Livingston Road (Radio Road to Pine Ridge Road),
project #600714 to recognize unanticipated revenue for FY 2007.
5) Recommendation that the Board approve a funding change and budget
amendment to move the Goodlette Frank Road Landscape Project
from Gas Tax Fund (313) in the amount of $896,896 that was
approved by the BCC on January 23,2007 to be funded from the
General Fund (001).
6) Recommendation to endorse a project approach for replacement of
failing stormwater pipes of the Egret and Mockingbird Lake pipe
system in the Pine Ridge Subdivision (Project 510252) including
acceptance of two (2) donated drainage easements and reimbursement
to Thomas and Sandra Moran for construction and material cost
associated with one pipe installation estimated to be $52,800.
C. PUBLIC UTILITIES
1) Recommendation to award Work Order BE-FT-3785-07-02 with
Boyle Engineering Corporation, for professional services for the West
Winds Potable Water System Rehabilitation in the amount of
$298,960 - Project Number 710102.
2) Award Bid #07-4087 to Creel Tractor of Fort Myers for the purchase
of two (2) Skid Steer Loaders in the amount of$73,540.
3) Recommendation to award Work Order # MS-FT-3535-07-0l under
the Annual Contract for Underground Utility Contracting Services #
04-3535 to Mitchell & Stark Construction Co., Inc., in the amount of
$429,900 for the replacement of a Caustic Tank and the addition of a
Bleach Tank at the North County Regional Water Treatment Plant
(NCRWTP), and to authorize a budget amendment in the amount of
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April 1 0, 2007
$104,895, Project Number 700953.
D. PUBLIC SERVICES
1) Recommend approval of budget amendment moving $25,000 from
Fund 183 reserves to establish funding for a Site Selection Study to
identify primary and alternate locations for a proposed Keewaydin
Island Ferry Shuttle and Park Facility. It is recommended that this
contract be performed by Johnson Engineering for time and material
costs not to exceed $25,000
2) Recommendation to approve the grant award from National Fish and
Wildlife Foundation in the amount of$132,196 for the Collier County
Sea Turtle Disorientation Prevention Plan and proceed with
development of an Inter-local Agreement with the City of Naples and
approve any necessary budget amendments.
3) Recommendation to approve the Summer Food Service Program
Grant in the Amount of$76l,000 for FY 2007
E. ADMINISTRA TIVE SERVICES
1) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
2) Recommendation to approve the award of Contract No. 07 - 4103
County Mail Center Operations and Delivery Services to
Mailbarcoding Investments of Southwest Florida, LLC d/b/a
Mailbarcoding Services ofSWFL estimated at $81,000 annually.
F. COUNTY MANAGER
1) Recommendation to approve a FY 06 Assistance to Firefighters grant
agreement from the U. S. Department of Homeland Security Office
for Domestic Preparedness for replacement of obsolete old self-
contained breathing apparatus, approve the purchase of airpacks and
related equipment for a total cost of $68, 180.66, and approve the
necessary budget amendments.
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April 10, 2007
2) Recommendation to approve a Modification to the Fiscal Year 2007
Emergency Management Preparedness and Assistance Grant
accepting $42,031 and approve a Budget Amendment to recognize
and appropriate the revenue.
3) Recommend approval ofa resolution supporting passage of Florida
Senate Joint Resolution 436 to prohibit offshore oil drilling within 250
miles of the Florida coastline.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) To approve and execute Site Improvement Grant Agreement(s)
between the Collier County Community Redevelopment Agency and
a Grant Applicant(s) within the Bayshore Gateway Triangle
Community Redevelopment area.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Halas requests approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Medicare Health Support Open House at North Collier Regional Park,
15000 Livingston Road, on March 30, 2007. $3.00 to be paid from
Commissioner Halas' travel budget.
2) Commissioner Halas requests approval for reimbursement for
attending a function serving a valid public purpose. Attending the
Mickey Biondo Speaker Series Luncheon at The Club Pelican Bay on
April 20, 2007. $16.00 to be paid from Commissioner Halas' travel
budget.
3) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Philharmonic 25th Anniversary Gala Dinner at the Ritz
Carlton in Naples, Florida on March 31, 2007. $243.00 to be paid
from Commissioner Halas' travel budget.
4) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Annual Isles of Capri Picnic on Saturday, March 24,2007; $15.00 to
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April 10, 2007
be paid from Commissioner Fiala's travel budget.
5) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the Key
Private Bank Reception featuring Colin Powell on March 23,2007, at
the Alico Arena; $25.00 to be paid from Commissioner Fiala's travel
budget.
6) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Marco Island Kiwanis Club Blue Grass Festival on March 24,2007;
$10.00 to be paid from Commissioner Fiala's travel budget.
7) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the
Edison & Ford Estate "An Incandescent Evening" on April 19, 2007;
$5.00 funds to be paid from Commissioners travel budget.
8) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Physicians Regional "The Flight to Fashion" Style Show Fundraiser
on March 31, 2007 at the MI Marriott Hotel; $35.00 to be paid from
Commissioner Fiala's travel budget.
9) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the
Marco Island Marriott Rededication event on April 17, 2007; $40.00
to be paid from Commissioner Fiala's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) To file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain board approval for disbursements for the period of March
17,2007 through March 23,2007 and for the submission into the
official records ofthe board.
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April 1 0, 2007
2) To obtain board approval for disbursements for the period of March
24, 2007 through March 30, 2007 and for submission into the official
records of the board.
3) Request that the Board of County Commissioners authorize staff to
amend Collier County Ordinance No. 78-56 and Collier County
Ordinance No. 87-16, as amended, to amend the Ordinances definition
of "Alcoholic beverages," and to specify that witness testimony is
valid to prove alcoholic beverage violations.
K. COUNTY ATTORNEY
1) Recommendation to authorize the making of an Offer of Judgment to
Respondent, Ali R. Ghahramani MD Investment Limited Partnership,
for Parcels 815 and 915 in the amount of$21,287.00 in the lawsuit
styled Collier County v. Colonnade on Collier Blvd. LLC, et aI., Case
No. 05-1091-CA (South County Regional Water Treatment Well field
Project #70892). (Fiscal Impact: $15,537.00).
2) Recommendation to approve a Mediated Settlement Agreement and
Stipulated Final Judgment for Parcels 708 and 808 in the lawsuit
styled CC v. Napoli Luxury Condominiums P.O.A., Inc., et aI., Case
No. 06-1299-CA(County Barn Road Project No. 60101) Fiscal Impact
$64,465).
3) Recommendation to ratify authorization for the County Attorney to
file a lawsuit, on behalf of the BCC, against the Estate of Omar
Fernandez, deceased, & Patricia Gomez, individually & as Personal
Representative, to recover $7,465 in EMS transport fees.
4) Recommendation to approve the Stipulated Final Judgment for Parcel
840 in the lawsuit styled CC v. Nancy L. Johnson Perry, Individually
and as Successor Trustee, et aI., Case No. 03-2373-CA (Golden Gate
Parkway Project No. 60027) (Fiscal Impact $4,330)
5) Recommendation to approve settlement prior to completion of
discovery in the lawsuit entitled Mitchell Fairchild vs. Collier County
filed in the Twentieth Judicial Circuit in and for Collier County,
Florida, Case No. 06-270-CA, for $10,500.
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April 10, 2007
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Recommendation to
approve Petition A VESMT -2006-AR-l 0504, Palazzo Village, disclaiming,
renouncing and vacating the Countys and the Publics interest in a portion of
a fifteen foot wide drainage easement recorded in Official Records Book
1498, page 1042 of the Public Records of Collier County, Florida, and more
specifically described in Exhibit A.
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-2004-AR-6921,
Dwight Nadeau OfRW A, INC., representing Habitat for Humanity of
Collier County, Inc., requesting a rezone from Residential Single-Family
District (RSF-4) to Residential Planned Unit Development (RPUD) to be
known as Faith Landing RPUD subject to the approval of an Affordable
Housing Density Bonus Agreement for property located approximately 1/8
mile north of Lake Trafford Road, approximately 1/4 mile south ofWestclox
Street extension, in Section 32, Township 46 South, Range 29 East, Collier
County, Florida.
C. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-2006-AR-97 16:
3301 Westview Drive LLC and 3375 Westview Drive LLC, represented by
D. Wayne Arnold, AICP ofQ. Grady Minor and Associates, P.A.,
requesting approval of a rezone from the Industrial (I) zoning district to the
Commercial Planned Unit Development (CPUD) zoning district for a project
to be known as Liebig CPUD. The subject property, consisting of 4.3+ acres,
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April 1 0, 2007
is located on the northeast corner of Airport Road (C.R. 31) and Westview
Drive, in Section I, Township 50 South, Range 25 East, Collier County
Florida.
D. Request to Approve an Amendment to Collier County Ordinance No. 79-8,
as Amended, the Collier County Vessel Control Ordinance; by Amending
Section Five, Speed Limit in Certain Areas, to Establish the Speed Zones in
Naples Bay and to Direct Staff to Prepare a Waterway Permit Application
E. Request that the Board of County Commissioners enact the attached
Ordinance, recommended by Sheriff Hunter, to establish policy regarding
physical separation at emergency shelters between potential sex crime
victims and sexual predators and sexual offenders; providing for conflict and
severability, inclusion into the Code of Laws and Ordinances, and the
effective date.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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April 10, 2007
April 10, 2007
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, Commissioners, you have a hot mike.
CHAIRMAN COLETTA: Thank you. Welcome to the Board of
Collier County Commissioners, Collier County, Florida, regular
meeting for April 10, 2007. We very much -- very happy to see you
here today.
And we're going to start our meeting today, Mr. Mudd, with a
prayer. And who do we have?
MR. MUDD: Yes, sir. Do you want to do--
CHAIRMAN COLETTA: Invocation.
MR. MUDD: Okay. We have -- for our invocation today we
have Captain Alejandro Castillo from the Salvation Army.
CHAIRMAN COLETTA: Would you please stand.
CAPT AIN CASTILLO: Let's pray. Heavenly Father, we come
to you this morning with a grateful heart. Weare grateful for our
wonderful nation and for the liberties that we enjoy here. Thank you
for the prosperity of our county, and at this time we're going to ask
you to bless our business this morning.
In the name of Jesus, amen.
CHAIRMAN COLETTA: Commissioner Coyle, will you please
lead us in the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
Item #2A
REGULAR CONSENT AND SUMMARY AGENDA - APPROVED
AND/OR ADOPTED WITH CHANGES
CHAIRMAN COLETTA: Mr. Mudd?
MR. MUDD: Yes, sir. Before we do the agenda changes real
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April 10, 2007
quick, just so folks can hear this, because I believe this meeting's
going to go past the memorial service, and I have some sad news.
And everyone at least in the county employ knows that Sandra
Nicholson was an employee of the county and she worked in our
Immokalee library and she passed away suddenly and very
unexpectedly. She's left with five children that remain.
She has her memorial service today at 6:30 p.m. at the First
United Methodist Church ofImmokalee. The -- my thoughts, my
prayers and those of the employees of Collier County go out to her
family.
I will also say that there is an account that's being set up at the
Florida Community Bank to assist Sandra's children. Memorial
donations may be made to IHOPE, P.O. Box 777, Immokalee, Florida,
34143.
And if you specity on your checks the money for the Arevalo--
the Arevalo children, those donations will help her children as they
continue to grow and it will be something that they can remember her
(sic) mom by.
Agenda changes for the board of --
CHAIRMAN COLETTA: Sir, before you do that, let's just have
a moment of silence and then we'll proceed from there.
Thank you, Mr. Mudd. We'll start with you, then we'll go to Mr.
Weigel.
MR. MUDD: Yes, sir. Agenda changes, Board of County
Commissioners' meeting, April 10, 2007. Item 16A 7, the location/site
map for the project was omitted from the agenda packet. Copies of
the map have been distributed and are attached to this change sheet.
Next item is item 16B3. The agenda title should read, it's a
recommendation to authorize the chairman of the Board of County
Commissioners, rather than the county manager or his designee, to
execute the attached Shirley Conroy Rural Area Capital Equipment
Support Grant Application and accept the grant, if awarded. That
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April 10, 2007
correction's at staffs request.
The next item is item 16B6. The following note of explanation is
to be added under considerations. The $19,250 is for design and
inspection of the Egret and Mockingbird Lake outfalls for which
Collier County is currently under contract and budgeted for the Q.
Grady Minor & Associates under project number 510252, fund 325.
The $52,800 is for the construction only of one of four pipe runs
from the Egret and Mockingbird Lake outfall. The cost of
construction is $52,800 and will require a budget amendment. That
clarification was at Commissioner Coyle's request.
The next item is to move item 1601 to 10D. This is a -- to
recommend approval of a budget amendment moving $25,000 from
fund 183 reserves to establish funding for a site selection study to
identify primary and alternate locations for a proposed Keewaydin
Island ferry shuttle and park facility. It is recommended that this
contract be performed by Johnson Engineering for time and material
costs not exceed $25,000. The item was moved to the regular agenda
at the request of Commissioner Fiala and Commissioner Halas.
Next item is to withdraw item 16H7, and this item was
Commissioner Fiala requesting board approval for reimbursement for
attending a function serving a valid public purpose, and in this
particular case, Commissioner Fiala will not be able to attend.
Next item is to move item 17D to 8C, and this is a request to
approve an amendment to Collier County ordinance 79-8 as amended,
the Collier County vessel control ordinance, by amending section five,
speed limit in certain areas, to establish the speed zones in Naples Bay
and to direct staff to prepare a waterway permit application. This item
was moved at Commissioner Coyle's and Commissioner Halas's
request.
And then we have a time certain item today, and that's item 9H to
be heard at six p.m., and this is a telephone conference with county's
Florida delegation in Tallahassee to discuss ongoing legislation
Page 4
April 10, 2007
proposals for property tax reforms. And as far as RSVP is concerned,
Commissioners, we have Senator Saunders that will be on the line,
Representative Rivera, Representative Davis, Representative Richter
and Representative Williams.
That's all the changes you have, Mr. Chairman.
CHAIRMAN COLETTA: Thank you.
MS. FILSON: Mr. Chairman, ifI may interject over here. Sorry.
I know that 8A is continued indefinitely and it was advertised that
way. I have 10 speakers.
CHAIRMAN COLETTA: Fine. We'll deal with that right after
we get through with Mr. Weigel and then --
MS. FILSON: Okay.
CHAIRMAN COLETTA: -- we'll handle it.
MR. WEIGEL: Thank you, Mr. Chairman. Good morning,
Commissioners.
I have no further changes to the agenda. I will be addressing, at
staff communication, my typical annual request relating to the Cinco
de Mayo event at that point. Thank you.
CHAIRMAN COLETTA: Thank you, sir. What we're going to
do is, before we deal with the continuation -- well, let's deal with that
right now . We have 10 speakers you said --
MS. FILSON: Yes, sir.
CHAIRMAN COLETTA: -- to deal with item number --
MS. FILSON: 8A.
CHAIRMAN COLETTA: 8A. And I assume those people are
here with concerns about the item being continued, and it may come
up again during the off season when many of our residents will not be
here. I believe that's the biggest concern; am I correct? Just wave your
hand around if there's more to it than that. Okay, good.
At this time I'm going to ask the petitioner to come forward, and
maybe he can give us reassurance that this will not happen. And ifhe
puts it on the record it won't happen, at least during the summer
Page 5
April 10, 2007
months, and possibly not till when, October, November?
MR. BROOKER: For the record, Clay Brooker on behalf of
Lakeview Drive of Naples, LLC, the petitioner.
We will stipulate to that commitment, that it will not be brought
back during the summer or before, say, a November date, if that works
for everyone.
I did notify -- I believe some of these people in attendance are
represented by counsel. I did notify the counsel last week of our
request. I was not aware that this is a concern of theirs, but we will
commit that minimum continuance --
CHAIRMAN COLETTA: November.
MR. BROOKER: -- if it comes back at all, correct.
CHAIRMAN COLETTA: Okay. And yes, we're going to come
right to you, Commissioner Coyle. I appreciate that, and that may be
able to satisfy the people in the audience that due process in their case
is being served.
With that, we're going to go to Commissioner Coyle.
COMMISSIONER COYLE: Mr. Chairman, are you willing to
accept a motion concerning this continuation? And if so, I would like
to make a motion that we continue it to not earlier than the first of
December.
COMMISSIONER HALAS: I'll second that.
CHAIRMAN COLETTA: Okay. So we have a motion by
Commissioner Coyle and a second by Commissioner Halas to
continue this at a point no earlier than December.
And with that, before we vote on that particular motion, I believe
that we're going to have a unanimous vote for it. I don't see any other
lights on indicating any other displeasure with it.
Is there anyone that still wishes to speak? What we're going to do
is call off the names, knowing what we have got proposed here and
the direction that we're going. If you'd be so kind, unless you have
something new you want to add to it or you don't want us to consider
Page 6
April 10, 2007
that, just waive and we'll continue with our agenda and -- with the
assurance that this won't come back until November. Would you call
off the names?
MS. FILSON: Richard Potts.
MR. POTTS: Satisfied.
CHAIRMAN COLETTA: Thank you.
MS. FILSON: John Cochrane.
MR. COCHRANE: I can speak from here.
CHAIRMAN COLETTA: No, sir, you can't. You'd have to
come up to the podium. The problem being is that we may be able to
hear you but our listening audience would not be able to hear you.
And I apologize for making you walk that distance.
MS. FILSON: He'll be followed by Thomas Smiggen.
MR. WEIGEL: Mr. Chairman, while the gentleman is coming
up, I'll indicate that ifthere's any conversation beyond the
continuance, we are actually then into the substance of the item and
you would need to make the disclosures, the ex parte disclosures, and
even to the limited extent that you have a hearing in that regard.
CHAIRMAN COLETTA: Sir, the only thing we're dealing with
here is the continuance, and that's the only subject we want to
entertain.
MR. COCHRANE: Thank you, Commissioners. I have taken a
quick sense of the committee that is here to represent the 23 members
of the committee and the several hundred people at Windstar that the
committee represents. If the commission sets a date certain after
which another continuance cannot be made, we certainly acquiesce in
the continuance. It's -- we were prepared to address the issues here
today; however, we'll be prepared to address the issues at a continued
date if the commission motion is not an open-ended, indefinite
continuance.
By continuing this we, in effect, are being held hostage. As the
commission knows, there's a legal action, declaratory judgment action,
Page 7
April 10, 2007
pending. The Court will make a decision, and hopefully it will be
soon. And that will, of course, be decisional as far as the project is
concerned.
So if there is a date certain, we would acquiesce.
CHAIRMAN COLETTA: With the motion at present, sir, is for
a date no sooner than December. I don't know. I'd have to ask Mr.
Weigel for some guidance.
MR. WEIGEL: I'd be happy to respond. The motion is a correct
motion at this point. The ability for this item to come back on the
agenda is really the prerogative of the petitioner. And the board, I
would suggest, is inappropriate to set a date where something must
come back.
And so to the extent of the request of the speaker is looking for a
specific date that it may come back, that's not contemplated in the
motion, and I would suggest that that's not appropriate for a motion.
CHAIRMAN COLETTA: Commissioner Coyle, is your motion
COMMISSIONER COYLE: My motion was for a date not
earlier than.
CHAIRMAN COLETTA: That's correct.
COMMISSIONER COYLE: Now, I would say to Mr. Cochrane
that if it appears that this is going to be continually dragged out, Mr.
Cochrane, that you might very well find a motion that will be made to
disapprove its continuance, which means that it will not be continued
and we will have to make a decision on the issue at that point in time.
MR. COCHRANE: Well, that would be the interim,
Commissioner Coyle, between now and December?
COMMISSIONER COYLE: No, no, not at all. What I'm
suggesting is, if this motion passes and the item is brought back in
December or even January and is continued -- a request for
continuance again is made by the petitioner, it's entirely possible for
the Board of Commissioners to refuse the continuance and to require
Page 8
April 10, 2007
that a decision be made on it at that point in time.
MR. COCHRANE: Well, within the power. Well, the
commission has the power to continue, and I don't know whether
readvertisement is necessary or not, but --
COMMISSIONER COYLE: It would be.
MR. COCHRANE: -- I'll defer to the commission.
COMMISSIONER COYLE: Yeah, it would be. It would be
necessary to readvertise it.
MR. COCHRANE: All right. So as I understand the motion,
Commissioner Coyle, nothing before December?
COMMISSIONER COYLE: Yes.
MR. COCHRANE: And hopefully in December or January we'll
reach a resolution in this matter.
COMMISSIONER COYLE: As a normal course of action, I am
very reluctant to see things appearing on our agenda to be withdrawn
or continued time after time after time. I do not like to see our time
wasted or the public's time wasted. I hope this comes to a rapid
conclusion.
(Applause.)
MR. COCHRANE: Hear, hear, Commissioner. Thank you.
CHAIRMAN COLETTA: Very well put. Thank you very
much, sir.
Would you call the --
MS. FILSON: Thomas Smiggen?
MR. SMIGGEN: I'd like to relinquish my time to John Cochrane
ifhe has any further comments.
MS. FILSON: John Scott?
MR. SCOTT: I relinquish my time to John Cochrane.
MS. FILSON: Horace Bernton?
MR. BERNTON: I relinquish to John Cochrane.
MS. FILSON: Thomas Finn.
MR. FINN: I relinquish to John Cochrane.
Page 9
April 10, 2007
MS. FILSON: Edward Crossen?
MR. CROSSEN: I also relinquish my time to John Cochrane.
MS. FILSON: Westray Stewart Cobb?
MR. COBB: I relinquish to John Cochrane.
MS. FILSON: Peter Chehayl?
MR. CHEHA YL: I relinquish my time to John Cochrane.
MS. FILSON: James Shymkus?
MR. SHYMKUS: I do as well.
MS. FILSON: That was your final speaker, sir.
CHAIRMAN COLETTA: Okay. Sir, thank you very much.
MR. COCHRANE: Thank you, Commissioners, for your --
CHAIRMAN COLETTA: Thank you. And with that, we have a
motion and a second.
Any other discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor of the
motion, indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it, 4-0. And so that
has been continued.
Now we'll go to the ex parte disclosure and we'll start with -- or
changes to the agenda; Commissioner Henning?
COMMISSIONER HENNING: I have no ex parte
communication on today's consent or summary agenda, and I have no
changes to today's agenda.
CHAIRMAN COLETTA: Thank you, sir. And I myself, I have
no changes to the agenda and the only disclosure that I have is 17B,
Page 10
April 10, 2007
where I've received some correspondence.
Commissioner Halas?
COMMISSIONER HALAS: Thank you very much. I have no
disclosures on the consent agenda, although I'd like to enter into the
record that on consent agenda 16F3, which is in regards to the --
supporting the passage of the Florida Senate joint resolution of 436 to
prohibit offshore oil drilling within 250 miles of the Florida coastline,
I'd like to be put in the record as a no-vote when we approve the
consent agenda. Would that be the correct way of doing it, County
Attorney?
MR. WEIGEL: Rarely done, but yes it could be done that way.
COMMISSIONER HALAS: Okay. And the reason is, I believe
that this country needs to get serious about cutting oil dependency on
the Middle East and Venezuelan oil. And these people -- these people
dislike us very, very much.
This country needs to get serious about a conservation of energy
plan with SUVs and other gas guzzlers and the high -- because of the
high competition of our -- the products worldwide, gas price es, once
again, are escalating to $3 a gallon, and I believe that they're even
going to go higher. So we need to get serious.
And if we don't come up with an energy plan, then I, therefore,
say that we need to open up our waters for natural gas and oil
exploration. Thank you.
CHAIRMAN COLETTA: Okay. And that's 16 what, sir?
COMMISSIONER HALAS: 16F3.
CHAIRMAN COLETTA: Okay. Let the record show that when
we take a vote on the agenda that Commissioner Halas is in the
negative on 16F3 only.
COMMISSIONER HALAS: Okay. I don't have any other ex
parte. Let me just check to make sure.
CHAIRMAN COLETTA: Sure, take your time, sir. Hurry up.
COMMISSIONER HALAS: I just want to make sure we got
Page 11
April 10, 2007
everything. Other than on the -- that's it, yeah. I don't believe I have
any other ex parte.
CHAIRMAN COLETTA: After we talk to Commissioner Coyle,
if you want something to add, we'll give you a chance.
COMMISSIONER HALAS: All right.
CHAIRMAN COLETTA: Commissioner Coyle?
COMMISSIONER COYLE: Mr. Chairman, I have no further
changes to the agenda. With respect to the summary agenda, item
number 17C, I did have a meeting with the petitioner's agent
concerning that item, and I have no other disclosures for the consent
or the summary agenda.
MR. MUDD: Mr. Chairman, before you go to vote, Ms. Student
needs to put something on the record for item 17B, which has do with
Faith Landing PUD.
MS. STUDENT-STIRLING: Thank you very much.
CHAIRMAN COLETTA: Please.
MS. STUDENT-STIRLING: For the record, Marjorie
Student-Stirling, assistant county attorney. There were just some
typos that needed to be corrected and some clarifications that don't
really change the meaning of the PUD document; however, in
paragraph 22, general, we do need to add language about -- it just
references the regulations control at the time of building permit. Our
standard language says they go by the regulations in the land code at
the time of site plan, plat or building permit as the case may be.
With that change and also a clarification in the environmental
section, paragraph K, there was the preposition to, and it should be by,
dealing with compensation for the loss of suitable panther habitat and
meeting requirements for mitigation of the U.S. Fish and Wildlife
Service.
And with that, there are no further changes other than typos and
minor clarifications. Thank you.
CHAIRMAN COLETTA: Thank you. Okay. And with that, do
Page 12
April 10, 2007
I hear a motion for approval of to day's regular, consent and summary
agenda as amended?
COMMISSIONER HALAS: So moved.
CHAIRMAN COLETTA: And I have a motion by
Commissioner Halas to approve it.
And do I have a second?
COMMISSIONER COYLE: So moved.
CHAIRMAN COLETTA: Okay. We have a second by
Commissioner Coyle. And no discussion?
(No response.)
CHAIRMAN COLETTA: Seeing no discussion, all those in
favor, indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 4-0.
Page 13
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
April 10, 2007
Item 16A7: The location/site map for this project was omitted from the agenda packet. Copies
have been distributed. (Staff's request.)
Item 16B3: The agenda title should read: Recommendation to authorize the Chairman of the
Board of County Commissioners (rather than "County Manager or his designee") to execute the
attached Shirley Conroy Rural Area Capital Equipment Support Grant Application and to accept
the grant if awarded. (Staff's request.)
Item 16B6: The following note of explanation is to be added under Considerations: The $19,250
is for design and inspection of the Egret and Mockingbird Lake outfalls for which Collier County
is currently under contract and budgeted with Q. Grady Minor & Associates under Project No.
510252, Fund 325. The $52,800 is for construction only of one of the four pipe runs for the Egret
and Mockingbird outfall. The cost of construction ($52,800) will require a budget amendment.
(Commissioner Coyle's request.)
Move 1601 to 100: Recommend approval of budget amendment moving $25,000 from Fund 183
reserves to establish funding for a Site Selection Study to identify primary and alternate locations
for a proposed Keewaydin Island Ferry Shuttle and Park Facility. It is recommended that this
contract be performed by Johnson Engineering for time and material costs not to exceed $25,000.
(Commissioner Fiala's and Commissioner Halas' request.)
Withdraw Item 16H7: Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the Edison & Ford Estate "An
Incandescent Evening" on April 19, 2007; $5.00 funds to be paid from Commissioner's travel
budget. (Commissioner Fiala's request.)
Move Item 170 to 8C: Request to approve an Amendment to Collier County Ordinance No. 79-8,
as amended, the Collier County Vessel Control Ordinance; by amending Section Five, Speed
Limit in Certain Areas, to establish the speed zones in Naples Bay and to direct staff to prepare a
Waterway Permit Application. (Commissioner Coyle's and Commissioner Halas' request.)
Time Certain Items:
Item 9H to be heard at 6:00 p.m. Telephone conference with the County's Florida Delegation in
Tallahassee to discuss on-going legislation proposals for property tax reform.
April 10, 2007
Item #2B, #2C, #2D, and #2E
MINUTES FROM JANUARY 12,2007 - BCC/ANNEXATION
MEETING, MARCH 13,2007 - BCC/REGULAR MEETING,
MARCH 19, 2007 - BCC/EAST NAPLES FIRE CONTROL
DISTRICT WORKSHOP, MARCH 20, 2007 - BCC/SCHOOL
BOARD JOINT WORKSHOP
Now I'd like a motion also to approve the minutes for the January
12,2007 BCC/annexation meeting; the March 13,2007, BCC/regular
meeting; March 19, 2007 BCC/East Naples Fire Control District
workshop; and March 20, 2007, BCC/school board joint workshop.
COMMISSIONER COYLE: So moved.
COMMISSIONER HALAS: Second.
CHAIRMAN COLETTA: We have a motion by Commissioner
Coyle and a second by Commissioner Halas.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it.
Okay. Mr. Mudd?
Item #3A
Page 14
April 10, 2007
FIVE YEAR SERVICE AWARD FOR SUSAN BECKER FROM
THE TOURIST DEVELOPMENT COUNCIL
MR. MUDD: Yes, sir, under service awards, we have one
five-year recipient, and that's Ms. Susan Becker from the Tourist
Development Council. She has served five years diligently on that
particular advisory board for the Board of County Commissioners.
Ms. Becker, if you could come forward, please.
CHAIRMAN COLETTA: Come right up. Thank you so much
for five wonderful years. I enjoyed working with you so much.
Looking forward to the next five.
COMMISSIONER HALAS: Thank you.
COMMISSIONER COYLE: Thank you.
CHAIRMAN COLETTA: We need to get a picture too.
Commissioner Henning, would you come a little bit closer.
COMMISSIONER HENNING: Sure.
CHAIRMAN COLETTA: Thank you.
Item #4A
PROCLAMATION DESIGNATING APRIL AS WATER
CONSERVATION MONTH. THE STATE OF FLORIDA, WATER
MANAGEMENT DISTRICTS AND COLLIER COUNTY ARE
WORKING TOGETHER TO INCREASE AWARENESS ABOUT
THE IMPORTANCE OF WATER CONSERVATION. ACCEPTED
BY MR. PAUL MATTAUSCH, DIRECTOR, WATER
ADMINISTRATION DEPARTMENT AND MR. CLARENCE
TEARS, DIRECTOR, BIG CYPRESS BASIN, SOUTH FLORIDA
WATER MANAGEMENT DISTRICT - ADOPTED
MR. MUDD: Commissioner, that would bring us to
proclamations. The first proclamation today is designating April as
Page 15
April 10, 2007
Water Conservation Month. The State of Florida Water Management
Districts and Collier County are working together to increase the
awareness about the importance of water conservation.
This particular proclamation is to be accepted by Mr. Paul
Mattausch, director of the water administration department, and Mr.
Clarence Tears, director of the Big Cypress Basin, South Water
Management District, and whomever else would like to come up with
them.
COMMISSIONER COYLE: Gentlemen, come on up. If you'll
just stand there and face the audience while I read this.
Whereas, water is a basic and essential need of every living
creature; and,
Whereas, the State of Florida Water Management Districts and
Collier County are working together to increase awareness about the
importance of water conservation and acknowledges that water
conservation is an effective and efficient method to preserve our water
supplies and can be tailored to local conditions and water users; and,
Whereas, Collier County and the State of Florida has designated
April, typically a dry month when water demands are most acute,
Florida's Water Conservation Month, to educate citizens about how
they can help save Florida's precious water resources; and,
Whereas, Collier County has always encouraged and supported
water conservation through various educational programs and special
events; and,
Whereas, every business, industry, school and citizen can make a
difference when it comes to conserving water; and,
Whereas, every business, industry, school and citizen can help by
saving water and thus promote a health economy and community.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the month of April be
designated as Water Conservation Month and call upon each citizen
and business to help protect our precious resource by practicing water
Page 16
April 10, 2007
saving measures and becoming more aware of the need to save water.
Done and ordered this 10th day of April, 2007, Board of Collier
County Commissioners, Jim Coletta, Chairman.
Mr. Chairman, I make a motion we accept this proclamation.
CHAIRMAN COLETTA: Okay. We have a motion by
Commissioner Coyle and a second by Commissioner Halas.
All those in favor, indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 4-0.
(Applause.)
COMMISSIONER HALAS: We appreciate everything you do.
COMMISSIONER COYLE: Good job.
CHAIRMAN COLETTA: Did you get these guys in the dunk
tank, by the way?
Okay. Let's get a picture here.
(Applause.)
MR. TEARS: Commissioners, thank you again for this
proclamation. I think it's extremely important to mention that our
local water supply is rain driven. It's not tied to Lake Okeechobee.
It's tied to Corkscrew Marsh, and water filters through the system and
soaks into the ground, and that's where we get our cheap water supply
from.
However, Collier County, you know, has really met the needs of
a growing community, and the seasonal fluctuations between a wet
season, which we dealt with last year, and the dry season, and you're
really in the forefront with reuse.
Eighty percent reuse in Collier County. This equates to 13.6
Page 17
April 10, 2007
million gallons a day, storage of five billion gallons of reuse water,
which would be ultimately lost if you didn't treat it and reuse it for
your nonpotable demands.
In addition, you have 73 miles of pipeline to support the
community with reuse, golf courses, major projects, and most of the
roadways in Collier County use reuse. We commend you for that.
In addition, 50 percent of your water supply comes from the
deeper aquifers, which are not rain driven locally, and they're brackish
aquifers. So you're doing everything possible to meet the demands
and the fluctuations between the wet season and dry season.
This year, you know, we're extremely dry. You know, we're in
severe drought conditions, so we need everybody to understand that
and do their part in protecting our natural resource.
In addition, I just want to remind everybody, April 28th is water
festival, and we actually, at the water festival, have a dunk tank, and
Commissioner Coletta has agreed to be in the dunk tank.
COMMISSIONER COYLE: I'm definitely going to be there for
that.
MR. TEARS: I've also -- and the donations will be used for local
science projects. In addition, I was able to convince Jeff Lytle to be in
the dunk tank, and also Paul Mattausch agreed, and also myself, and
anybody else interested, I really would appreciate it.
This event will be free to the public, food, entertainment, learn
about the environment and water resources. It's April 28th, and it's at
the North Regional Collier County Park.
CHAIRMAN COLETTA: I'd like to volunteer Commissioner
Halas.
COMMISSIONER HALAS: To watch.
MR. TEARS: And thanks again. I really appreciate you
supporting Water Conservation Month. Thanks.
CHAIRMAN COLETTA: Thank you, sir.
MR. MATT AUSCH: I'd like to make just a couple brief
Page 18
April 10, 2007
remarks. And Len put this -- put this up for -- Len, this is not
working, maybe. It apparently is not going to work.
But we just want to -- you know, we have to do this more often
because the last time I stood here to give you -- to accept this
proclamation and give you a quick report on the status of the water
department, I think, Commissioner Coyle, you interrupted and we
looked out the window and it was raining.
COMMISSIONER COYLE: Pouring rain.
MR. MATT AUSCH: It is happening again. So we need to do
this -- we do need to do this more often. Clarence would appreciate it;
we all would appreciate it.
But I just want to reaffirm a couple of the things that Clarence
said. The Collier County Water Department, with the support of the
Board of County Commissioners, has worked hard to set conditions to
sustain us a sustainable water supply for our customers.
Our use of alternative water supplies, including reclaimed water
that Clarence talked about in our supplemental water and our use of
deeper brackish aquifers and treatment with reverse osmosis has
decreased our dependence on the surficial freshwater aquifer, which is
impacted by periods of drought like we are currently seeing.
Additionally, we've been working hard to set the conditions for
water conservation, including a year-round irrigation ordinance that
was implemented in April of2002. Our conservation-oriented
increase in block water rates and our conservation-related public
education, that has all had a positive impact on water conservation in
Collier County.
We've also positioned the water utility through the AUIR process
and through our master planning process and our capacity-related
capital improvements programs, all supported by the county
commission to a level of reliability that is less prone to the impacts of
these seasonal restrictions and seasonal fluctuations that we see in our
water supply.
Page 19
April 10, 2007
Given our focus on providing a sustainable reliable public water
supply, we currently stand in good position to provide uninterrupted
water service at our established level of service, even in the face of the
current drought commissions (sic), and I want to thank you for, once
again, bringing to the forefront and bringing to the public water
conservation. It's important. Every time we turn our faucet on, we
need to think about the resources that we're using, and I thank you.
CHAIRMAN COLETTA: Thank you, sir.
CHAIRMAN COLETTA: Mr. Mudd?
MR. MUDD: Commissioner, the next--
CHAIRMAN COLETTA: I'm sorry. Before you continue,
before I lose this thought, when it comes time for comments, possibly
during county manager's comments, either you, or you might have
Dan Summers come up, I'd like to hear a brief report of where we are
as far as fire danger goes and what people should do to prepare
themselves.
MR. MUDD: Yes, sir.
CHAIRMAN COLETTA: Thank you, sir. Please continue.
Item #4B
PROCLAMATION DESIGNATING APRIL 22, 2007 AS EARTH
DA Y IN COLLIER COUNTY. COLLIER COUNTY WISHES TO
JOIN MILLIONS OF PEOPLE ACROSS THE GLOBE IN
MAXIMIZING AWARENESS AND CELEBRATION OF THIS
DA Y. ACCEPTED BY MR. RAYMOND SMITH, DIRECTOR,
POLLUTION CONTROL AND PREVENTION; MR. DAN
RODRIGUEZ, DIRECTOR, SOLID WASTE; AND MR. JOHN
YONKOSKY, DIRECTOR, UTILITY BILLING AND CUSTOMER
SERVICE - ADOPTED
MR. MUDD: Commissioner, the next proclamation is
Page 20
April 10, 2007
designating April 22, 2007, as Earth Day in Collier County. Collier
County wishes to join millions of people across the globe in
maximizing awareness in celebration of this day. To be accepted by
Mr. Raymond Smith, director of pollution control and prevention, Mr.
Dan Rodriguez, director of solid waste, and Mr. John Y onkowsky,
director of utility billing and customer service.
COMMISSIONER COYLE: Gentlemen, come on up.
Whereas, a sound natural environment is the foundation of a
health society and a robust economy; and,
Whereas, local communities can do much to reverse
environmental degradation and contribute to building a healthy society
by addressing issues such as energy use, transportation and waste
prevention; and,
Whereas, the environmental realities of our time require humans
to make a dramatic shift in our relationship to the earth; and,
Whereas, the citizens of Collier County have the opportunity to
join millions of people around the world in making a positive
difference in reducing water and air pollution, conserving resources
and saving energy by recycling and buying recycled products; and,
Whereas, the public utilities division's solid waste management
and utility billing and customer service departments, under the
direction of the Collier County Board of County Commissioners, have
worked diligently to develop a multifaceted recycling program as a
way to preserve valuable landfill space and conserve natural
resources; and,
Whereas, the public utilities division's pollution control and
prevention department proactively plans, develops and efficiently
implements programs that protect the safety, health and welfare of the
community and its environment through the protection of Collier
County's groundwater, freshwater, surface water and other water
resources from all sources of pollution.
Now, therefore, be it proclaimed by the Board of County
Page 2 ]
April 10, 2007
Commissioners of Collier County, Florida, that April 22, 2007, be
designated as Earth Day in Collier County, and Collier County wishes
to join millions of people across the globe in maximizing awareness
and celebration ofthis day.
Done and ordered this 10th of April, 2007, Board of Collier
County Commissioners, Collier County, Florida, James Coletta,
Chairman.
Mr. Chairman, I make a motion we accept this proclamation.
CHAIRMAN HALAS: I'll second that.
CHAIRMAN COLETTA: We have a motion by Commissioner
Coy Ie and a second by Commissioner Halas to accept the
proclamation.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none. All those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: The ayes have it, 4-0. Thank you,
gentlemen.
(Applause.)
COMMISSIONER COYLE: Thank you very much.
CHAIRMAN COLETTA: My hero.
MR. RODRIGUEZ: Thank you, Commissioners. Just briefly I'd
like to thank the Board of County Commissioners for their continued
support of our departments and our division and our goals and
objectives to protect the environment.
I would also like to thank the many hundreds of front-line
employees in Collier County government as a whole who, day to day,
spend their time inspecting, monitoring and looking out after our
Page 22
April 10, 2007
natural resources, our neighborhoods and our communities; from our
pollution control inspectors, who manage and handle potential
environmental violations in the field, to our public outreach staff who
provide brochures and lectures to our school children. They all playa
very important role in protecting our natural resources and our
environment.
Lastly I'd like to thank the county manager, Jim Mudd, our
deputy county manager, Leo Ochs, and our division administrator, Jim
DeLony, for their leadership and direction to ensure that compliance,
environmental protection, a part of our operation, and our budget.
Thank you.
CHAIRMAN COLETTA: Thank you.
Item #4C
PROCLAMATION DESIGNATING APRIL 10,2007 AS
GUADALUPE CENTER OF IMMOKALEE DAY AND TO
RECOGNIZE THAT THE LIVES OF THE FAMILIES AND
RESIDENTS OF IMMOKALEE ARE FOREVER CHANGED
BECAUSE OF THE PARTNERSHIP BETWEEN THE
GUADALUPE CENTER AND THE COMMUNITY OF
IMMOKALEE AND RESIDENTS OF COLLIER COUNTY.
ACCEPTED BY MR. DESMOND BARRETT, DIRECTOR OF
EARL Y CHILDHOOD EDUCATION, GUADALUPE CENTER OF
IMMOKALEE - ADOPTED
MR. MUDD: Commissioner, our next proclamation designates
April 10,2007, as Guadalupe Center ofImmokalee Day, and to
recognize that the lives of the families and residents of Immokalee are
forever changed because of the partnership between the Guadalupe
Center and the community of Immokalee and residents of Collier
County .
Page 23
April 10, 2007
To be accepted by Mr. Desmond Barrett, director ofthe Early
Childhood Education Guadalupe Center ofImmokalee.
CHAIRMAN COLETTA: Fine. Thank you so much for being
here today. Guadalupe Center serves a tremendous function in
Immokalee, and here's some wonderful examples of what they do and
they do right. This is the high point of our day, by the way. And I'm
sorry Commissioner Fiala couldn't be here because she'd be going, oh,
oh.
Let me go ahead and start reading this. Oh, look at that.
COMMISSIONER HALAS: Thank you very, very much.
CHAIRMAN COLETTA: Oh, thank you. You changed your
mind. Oh, wait. I had it upside down. There we go.
Whereas, the Guadalupe Center of Immokalee began its mission
as a soup kitchen serving residents in Collier County in 1982 and its
mission is to break the cycle of poverty by providing educational,
social and other support programs and resources for the community of
Immokalee; and,
Whereas, the Guadalupe Center has expanded its program to
serve over 10,000 families a year through its early childhood
educational program, school-aged program, Tutor Corporation
program, soup kitchen, clothing room, shower program, resale shop,
and its special project, which partners with over 500 volunteers a year;
and,
Whereas, the lives of the families and the residents of Immokalee
are forever changed because of the partnership between the Guadalupe
Center and the community of Immokalee and the residents of Collier
County; and,
Whereas, the Guadalupe Center serves over 500 students through
its many programs geared to enrich the lives of Collier County young
children ranging from age of six weeks through 18 years of age; and,
Whereas, the Guadalupe Center provides college enrichment,
scholarships and mentoring opportunities through its GAP, Guadalupe
Page 24
April 10, 2007
Afterschool Program, and the Tutor Corps. program, which work in
partnership with the residents of Marco Island; and,
Whereas, Guadalupe Center recognizes the charitable
contributions of communities such as Wyndemere, Collier Reserve,
Bay Colony, Port Royal, Olde Naples, Banyan Woods and numerous
churches and civic groups in Collier County.
And, therefore, be it proclaimed by the Board of Collier County
Commissioners, Collier County, Florida, that April 10,2007, be
designated as Guadalupe Center oflmmokalee Day in recognition of
its continuous service to the community of Immokalee.
Done and ordered this, the 10th day of April, 2007, by myself,
Chairman James Coletta.
And I make a motion for approval.
COMMISSIONER HENNING: Second.
CHAIRMAN COLETTA: And we have a motion for approval
by Commissioner Coletta and a second by Commissioner Henning.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor of this
motion, indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: The ayes have it, 4-0. And thank so
much for being here today.
(Applause.)
CHAIRMAN COLETTA: For the sake of this picture,
gentlemen, I'm going to ask you to hold your picture up. Hold up your
picture, Commissioner Henning.
COMMISSIONER HALAS: What time did you have to get
them up this morning?
Page 25
April 10, 2007
CHAIRMAN COLETTA: I'm going to hang this in my office.
For the sake of this picture, gentlemen, I'm going to ask you to
hold your picture up.
COMMISSIONER HALAS: Oh, I've got to have my picture.
CHAIRMAN COLETTA: A little bit closer. Hold up your
picture, Commissioner Henning.
COMMISSIONER COYLE: This is right-side up? Okay.
CHAIRMAN COLETTA: You were never that cute as a child,
by the way.
MR. BARRETT: Your young constituents. They're looking
forward to voting for you.
CHAIRMAN COLETTA: I'll be here when they turn 18.
COMMISSIONER COYLE: We could get them registered
immediately, if you'd like.
CHAIRMAN COLETTA: Thank you. Please address the
commission and the audience.
In fact, when we have our break, Ms. Filson, would you see
about hanging these pictures out front here for rest of the day. I think
they're very appropriate and they might help to add a little --
COMMISSIONER HALAS: Color.
CHAIRMAN COLETTA: -- color to the commission.
MR. BARRETT: Thank you, Commissioners. For the record,
my name is Desmond Barrett. I'm the director of the early childhood
education program for the Guadalupe Center of Immokalee.
I would like to thank especially Commissioner Coletta, who had
the opportunity to visit our center last month and to tour our early
childhood program. There's exciting things going on in Immokalee,
and I would encourage each of the commissioners to come out and
visit us on a separate day, and we can give you a tour of the
community and visit our soup kitchen where we're helping serve close
to 50-plus thousand meals a year, and also to our early childhood
education program where we currently are serving 158 students.
Page 26
April 10, 2007
And we have 274 students already on a waiting list trying to get
into our building, and we have a new wing of our -- the gymnear (sic)
wing, which was built by residents of Bonita Bay. We're hopefully
going to be constructing that in the next 90 to -- 90 days. And if so,
we will expand our program to reach 275 students, six weeks to
kindergarten, and that's not counting our afterschool program our tutor
program, for our high school students, which we serve 42 high school
students in Immokalee, and we provide them scholarship money and
working stipends.
So we just want to thank you on behalf of our -- the Guadalupe
Center for proclaiming it Guadalupe Day. And, again, Commissioner
Coletta, thank you for your outstanding job for the community of
Immokalee and for the Guadalupe Center. Thank you.
CHAIRMAN COLETTA: Thank you, sir, for all that you do for
Immokalee.
MR. BARRETT: Thank you.
(Applause.)
Item #4 D
PROCLAMATION TO DESIGNATE APRIL 9-13, 2007 AS THE
28TH ANNIVERSARY OF KNOW YOUR COUNTY
GOVERNMENT WEEK TO RECOGNIZE THAT INCREASING
ONE'S KNOWLEDGE OF HOW VARIOUS ASPECTS OF
COUNTY GOVERNMENT WORKS CAN ENHANCE AN
INDIVIDUAL'S QUALITY OF LIFE IN COLLIER COUNTY.
ACCEPTED BY TWO NAPLES-AREA HIGH SCHOOL
STUDENTS: ANTHONY ESPARZA FROM NAPLES HIGH
SCHOOL AND STEPHANIE ALVAREZ FROM BARRON
COLLIER HIGH SCHOOL - ADOPTED
MR. MUDD: Now Commissioners, if you haven't noticed
Page 27
April 10, 2007
already, we have a rather -- I will -- a young adult attendance today
that we don't normally see in these proceedings, okay, and this next
proclamation has everything to do with them.
This is a proclamation to designate April 9th through 13th, 2007
as the 28th anniversary of Know Your County Government Week, to
recognize that increasing one's knowledge of how various aspects of
county government works can enhance an individual's quality of life
in Collier County. To be accept by two Naples-area high school
students, Anthony Esparza from Naples High School and Stephanie
Alvarez from Barron Collier High School.
COMMISSIONER HALAS: Would you two like to step
forward. And while I'm waiting for you -- oh, there you are, okay.
You can come right up here in front, if you'd like.
It's interesting to see all you young people out here today, and I
know all of you are having very inquisitive minds and that you
probably use the Internet on a daily basis. In light of what's happening
up in Tallahassee, it's the utmost importance that you understand the
functions of local government and home rule, and I hope that you'll
understand that at home rule you have closer ties with what's
happening and you can tell us what needs to be addressed.
At that, I'll go ahead with the proclamation.
Whereas, county government is a complex multifaceted process
which affects the lives of all residents in Collier County; and,
Whereas, an increased knowledge of how various aspects of the
county government work can enhance an individual's quality of life in
Collier County; and,
Whereas, it is desirable for all county residents to be
knowledgeable of the county government and how it works; and,
Whereas, the League of Women Voters of Collier County,
Collier County University Extension, 4-H Youth Development and the
Collier County public schools have co-sponsored the Know Your
County Government Teen Citizenship Program for 28 years.
Page 28
April 10, 2007
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the week of April 9th
through April 13,2007, be designated as the 28th anniversary of
Know Your County Government Week.
Done and ordered this 10th day of April, 2007, Board of County
Commissioners, Jim Coletta, Chair.
And Chairman, I make a motion that we approve this
proclamation.
COMMISSIONER COYLE: Second.
COMMISSIONER HENNING: Second.
CHAIRMAN COLETTA: Okay. We have a motion by
Commissioner Halas to approve this and a second by Commissioner
Henning.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: The ayes have it,
Go ahead.
COMMISSIONER HALAS: And I'd just like to say that we're
going to enjoy lunch with these fine young adults, and I hope that
some of them decide to get involved in politics and possibly local, all
the way up to federal. We really need good leadership.
So we're looking forward to having you -- we're going to pass the
torch to you, and we're looking forward to your leadership. Thank
you agam.
CHAIRMAN COLETTA: Let's also invite all these young
people up here for the group picture. Please, come on up front.
Page 29
April 10, 2007
COMMISSIONER HALAS: Come on up.
CHAIRMAN COLETTA: And I'm going to ask you to stand in
front with the proclamation, of the whole group. Please, right around
here, facing the audience. The taller ones in the back and the short
ones facing the front. You've done this before, I know.
CHAIRMAN COLETTA: Thank you.
(Applause.)
CHAIRMAN COLETTA: Would you like to say a couple
words?
MR. ESPARZA: Good morning, everyone. My name is
Anthony Esparza. I'm a student at Naples High School.
Myself, along with the other 29 participants of Know Your
County Government Teen Citizenship Program, would like to thank
Mr. Mudd, the Board of County Commissioners, Mr. Mudd's staff and
the constitutional officers in making this experience possible.
MS. ALVAREZ: My name is Stephanie Alvarez. I go to Barron
Collier High School. And Anthony and myself, along with the other
amazing members of this youth program, would also like to thank the
sponsors of this great program, Collier County University Extension,
the 4-H Youth Development, the Collier County public school social
studies department, and the League of Women Voters of Collier
County, for putting this program together for us and giving us the
opportunity to learn and better appreciate the workings of county
government.
MR. ESPARZA: During this program, we visited many places
such as the Domestic Animal Services, water reclamation, Collier
County Museum and public division. Along on those trips, we've
visited many local officials such as Guy Carlton, Don Hunter, Jodi
Walters, David Southall and Marla Ramsey.
MS. ALVAREZ: We also had many interesting moments in this
event. On our first day in the program, we went to the county
property appraiser where we learned some interesting facts about
Page 30
April 10, 2007
property taxes in our county, as well as how to determine the property
tax on our own houses.
Another day we heard from the county sheriff, Mr. Don Hunter,
where we learned that juvenile crime is one of the largest incidences
in Collier County.
We then moved on to meet another constitutional officer, the
Supervisor of Elections. There we were able to vote on questions such
as the possibility of a minority president and whether or not high
school seniors should be allowed to leave campus for lunch. Both of
these questions were answered in the affirmative.
From there we also met the tax collector and learned about the
tax collection process in our county.
On our first field trip, we visited the north water treatment plant,
the county landfill and domestic services. Later we had the
opportunity to learn and discuss plans for Collier County with Marla
Ramsey ofthe public services division and tour the Collier County
Museum.
On our next field trip, we toured Immokalee, or as learned, my
home fire, or just my home. We were also able to have an energetic
debate with Mr. Richard Calabrese, a member of the school board, and
we had -- and we talked about current hot topics, such as recent firing
of many Jmmokalee High School teachers.
Our most recent activity involved visiting the health department,
learning about transportation through Mr. Norm Feder, and visiting
emergency management services and speaking with the members of
Collier County's emergency medical services, while having the ability
to learn, sometimes hands-on, how some of their life-saving
equipment works.
Today, our final day, we have the opportunity to meet with you,
our county commissioners, in the hope of getting a bit of insight in
what it is exactly that you do.
Thank you again for the opportunity.
Page 3 1
April 10, 2007
MR. ESPARZA: Standing before you, I can honestly say that
not one experience stands out. Instead, they all tie together and will be
with us forever. Thank you.
MS. ALVAREZ: Thank you.
CHAIRMAN COLETTA: Thank you.
(Applause.)
Item #4E
PROCLAMATION DESIGNATING THE MONTH OF APRIL AS
CHILD ABUSE PREVENTION MONTH TO BRING ATTENTION
TO THE COMMUNITY TO INCREASE THEIR PARTICIPATION
IN OUR EFFORTS TO SUPPORT FAMILIES, THEREBY
PREVENTING CHILD ABUSE AND STRENGTHENING THE
COMMUNITIES IN WHICH WE LIVE. ACCEPTED BY MR.
RON MCSWINEY, EXECUTIVE DIRECTOR, YOUTH HAVEN
INC - ADOPTED
MR. MUDD: Commissioner, the next proclamation is a -- is
designating the month of April as Child Abuse Prevention Month, to
bring attention to the community to increase their participation in our
efforts to support families thereby preventing child abuse and
strengthening the communities in which we live. To be accepted by
Mr. Ron McSwiney, executive director of Youth Haven.
COMMISSIONER HENNING: And this proclamation is also to
recognize the precious resource that we have in the nation and the
need to protect that precious resource.
Whereas, as every children (sic) in the community of Naples and
Collier County is the (sic) precious gift, full of promises and potential;
and,
Whereas, child abuse and neglect is a serious problem in Collier
County and across our nation; and,
Page 32
April 10, 2007
Whereas, child maltreatment occurs when people find themselves
in stressful situations, without community resources, and don't know
how to cope; and,
Whereas, preventing child abuse and neglect in the community
problem (sic) that depends on shared involvement among people
throughout the community and organizations such as Youth Haven,
whose programs provide immediate protection of suffering children,
support for information to families as well as the community
awareness;
Whereas, child abuse and neglect is -- not only directly harms
children but also increases the likelihood of criminal behavior,
substance abuse, health problems and a risky behavior; and,
Whereas, all the citizens of Collier County should become
involved in supporting families in raising those children in a safe,
stable, nutritional (sic) environment; and,
Whereas, children are the most precious resource with the --
bright, hopeful futures, and Youth Haven is committed to keeping
children whose lives (sic) are -- our community, safe and happy.
Now, for -- be it proclaimed by the Board of Commissioners of
Collier County, Florida, that April be designated as Child Abuse
Prevention Month, and calls this observation (sic) to the attention of
our community and increase their participation in the efforts for
families and there (sic) preventing child abuse and strength the
community (sic) in which we live in.
Done in this order, 10th day of April, 2007. Mr. Chairman, I
make a motion to move this proclamation.
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: We have a motion by Commissioner
Henning, a second by Commissioner Coyle.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
Page 33
April 10, 2007
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: The ayes have it, 4-0. Thank you very
much.
(Applause.)
Don't go away. We need you right here for a picture.
And if you'd like to say a couple words, you're more than
welcome to use the podium over there.
MR. MUDD: Either one.
CHAIRMAN COLETTA: Either one.
MR. McSWINEY: My words will be short. And as soon as I get
on my reading glasses, I can tell you what I was going to say.
Throughout the month of April individuals and organizations
nationwide will raise awareness about a horrifying issue we are a
witness to day in and day out, the abuse and neglect of young
children.
April is National Child Abuse Prevention Month. And the theme
of 2007 campaign is promoting healthy families.
One of the greatest joys in life is that of being a parent. Children
come packaged in families. When families are supported, children are
less likely to suffer abuse and more likely to grow and thrive safely in
their own homes and out of foster care system.
Child abuse is preventable, if done in the spirit of true partnership
with the whole family. Together, let's promote healthy families and
preserve our community. Thank you very much.
CHAIRMAN COLETTA: Thank you.
(Applause.)
Item #4F
Page 34
April 10, 2007
PROCLAMATION DESIGNATING MAY 13-19,2007 AS
TOURISM WEEK IN COLLIER COUNTY TO RECOGNIZE THE
IMPORT ANCE OF TRAVEL AND TOURISM IN OUR
COMMUNITY. ACCEPTED BY MR. JACK WERT, DIRECTOR,
DEPARTMENT OF TOURISM - ADOPTED
MR. MUDD: Commissioner, the next proclamation is
designating May 13th through the 19th, 2007, as Tourism Week in
Collier County, to recognize the importance of travel and tourism in
our community. To be accepted Mr. Jack Wert, your director of
department of tourism.
CHAIRMAN COLETTA: Hi, Jack. How are you?
MR. WERT: Good morning, sir.
CHAIRMAN COLETTA: Good morning.
Whereas, travel and tourism is the largest industry throughout
Florida, employs more than one million people and produces more
than 60 billion in revenue from taxable sales; and,
Whereas, the travel and tourism industry supports the vital
interests of Collier County, Florida, and the United States,
contributing over 30,000 jobs to our community, economic prosperity,
peace, understanding and good will; and,
Whereas, 1.4 million visitors contributed $1.2 billion to the
economy of Collier County in 2006; and,
Whereas, it is in the best interest of the citizens of Collier County
to inform them of the direct and indirect benefits of tourism; and,
Whereas, as travelers become more aware of Collier County's
outstanding beaches, golf, shopping, restaurants and natural, historical
and cultural activities, travel and tourism become an increasingly
important aspect in the lives of our citizens; and,
Whereas, May 13th through the 19th, 2007, is being observed
throughout the State of Florida and the U.S. as National Tourism
Page 35
April 10, 2007
Week; and,
Whereas, given the contributions of travel and tourism for the
economy (sic), social and cultural well-being of the citizens of Collier
County, it is fitting that we recognize the importance of travel and
tourism to our community.
And, therefore, be it proclaimed by the Board of Collier County
Commissioners, Collier County, Florida, that May 13th through the
19th, 2007, be designated as Tourism Week in Collier County and that
this proclamation be acknowledged by the Naples/Marco
Island/Everglades Convention and Visitors Bureau at their fifth annual
tourism awards luncheon on May 16,2007.
Done and ordered this, the 10th day of April, 2007, James N.
Coletta, Chairman.
And I make a motion for approval.
COMMISSIONER HENNING: Second.
CHAIRMAN COLETTA: Motion for approval by myself,
Commissioner Coletta, second by Commissioner Henning.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it, 4-0. Thank you.
(Applause.)
MR. WERT: Good morning, Commissioners, and thank you for
the proclamation. For the record, Jack Wert, tourism director serving
as your executive director for the Naples/Marco Island/Everglades
Page 36
April 10, 2007
Convention and Visitors Bureau.
And on behalf of the nearly 30,000 people employed in Collier
County in the hospitality and tourism industry, again, thank you for
this recognition of an extremely important industry to our community.
And we certainly are grateful for this recognition.
I would also like to mention that the citizens of Collier County
certainly have a benefit. You mentioned it in the resolution, or the
proclamation, and that is that they truly do save in taxes every year; in
this case about $547 last year because we had visitors coming to our
community and spending money in our community. And, of course,
we collect taxes from them.
I'd like to report to you that season has been very good this year,
and it looks as though we will set some records this year, and the
hotels are reporting good occupancy. Looks like it will carry us
through mid May this year, so that's very, very good news for the
community.
I'd also like to have each of you put May 16th on your calendars.
That is our, believe it or not, fifth annual tourism awards luncheon
where we'll be honoring some of the wonderful stars in our hospitality
and tourism industry. This is an opportunity to really showcase those
people that go that extra mile that really make people feel welcome
when they come and visit the Paradise Coast.
So, again, thank you very much, and we really appreciate this
proclamation.
CHAIRMAN COLETTA: Thank you, Jack.
(Applause.)
MR. MUDD: Commissioners, we have no presentations today.
We had a scheduling glitch on one of our contractors that we were
going to have for today. We will continue that process at the next
meeting. I'd just let you know that we haven't forgotten that we
present to the board that particular contractor each time.
Page 37
April 10, 2007
Item #9A
RESOLUTION 2007-82: APPOINTED RICHARD HEERS, JULIO
ESTREMERA, ANA SALAZAR, BOB SOTER, AND WAIVING
TERM LIMITS FOR RICHARD RICE, IRA 1. MALAMUT AND
FLOYD CREWS AND CONFIRMATION OF CAROL SYKORA
AS THE CODE ENFORCEMENT OFFICER TO THE
IMMOKALEE EZDA - ADOPTED
Commissioner, that brings us to paragraph 9. Board of County
Commissioners, the first item is 9A, appointment of members to the
Immokalee Enterprise Zone Advisory Board.
CHAIRMAN COLETTA: If I may, I'd like to make that recom
-- that we follow the committee's recommendations as so stated on
page 2 of item 9A, and also to confirm the new member, Carol
Solaska (sic). How do you pronounce it?
COMMISSIONER COYLE: Sykora.
MS. FILSON: Sykora.
CHAIRMAN COLETTA: Sykora, who is from the Code
Enforcement Board. I don't believe I need to read all the names in, if I
refer to that page.
MS. FILSON: No, sir, but does that include waiving Richard
Rice for serving on three commissions --
CHAIRMAN COLETTA: That includes Richard Rice.
MS. FILSON: Ira Malamut and Floyd Crews, who have served
two terms.
CHAIRMAN COLETTA: That includes that.
COMMISSIONER HENNING: I have a question.
MS. FILSON: Okay.
CHAIRMAN COLETTA: Okay. Go ahead, Commissioner
Henning.
COMMISSIONER HENNING: I thought it was one of the
Page 38
April 10, 2007
board's ordinances that a -- an employee can't be on the advisory
board for the Board of Commissioners.
CHAIRMAN COLETTA: Mr. Weigel?
MS. FILSON: We have several committees, Commissioner, that
have code enforcement officers on them. One of them's animal
control.
COMMISSIONER HENNING: As a committee member?
MS. FILSON: Yes, sir.
COMMISSIONER HENNING: Okay. So I guess it's not
violating any of the boards's ordinances then?
MR. WEIGEL: Pardon me.
COMMISSIONER HENNING: Thanks for your participation
today.
MR. WEIGEL: I beg your pardon, Commissioner. If you could
repeat the question.
COMMISSIONER HENNING: We have a county employee as
a member of an advisory board to the Board of Commissioners. Is
that conforming to our ethics rules?
MR. WEIGEL: Typically it does not if the committee is one that
is a state committee as opposed to a county committee --
CHAIRMAN COLETTA: A little closer to the mike, Mr.
Weigel.
MR. WEIGEL: Pardon me. I said typically it is not appropriate
for a county employee to be on a county board. If it is a state board or
state committee an appointment can be made and is not in conflict
with the local -- local rule in that regard.
COMMISSIONER HENNING: And the enterprise zone is a
state committee?
MS. FILSON: In this particular case I can tell you that it's
written in the ordinance that one of the additional shall be a code
enforcement officer.
COMMISSIONER HENNING: Oh, great, okay. I have no
Page 39
April 10, 2007
concern and I'm going to second the motion by the Chair.
CHAIRMAN COLETTA: Thank you. So we have a motion by
myself, Jim Coletta, and a second by Commissioner Henning.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 4-0.
Item #9B
RESOLUTION 2007-83: APPOINTED ROSALINA M.
MARTINEZ AND VALAREE D. MAXWELL TO THE HISPANIC
AFFAIRS ADVISORY BOARD - ADOPTED
MR. MUDD: Commissioner, the next appointment is to
members of the Hispanic Affairs Advisory Board.
CHAIRMAN COLETTA: Do I hear a motion?
MS. FILSON: This one is to appoint two members, and they've
listed the members in order in which they recommend them.
COMMISSIONER COYLE: Mr. Chairman -- okay, go ahead.
COMMISSIONER HALAS: I make a motion that the first two
candidates be placed on the Hispanic Affairs Advisory Board, and
that's Rosalinda M. Martinez and Valaree D. Maxwell.
CHAIRMAN COLETTA: I'll second that.
We have a motion by Commissioner Halas and a second by
Page 40
April 10, 2007
Commissioner Coletta.
Any discussion?
(No response.)
CHAIRMAN COLETTA: All those in favor, indicate by saying
aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 4-0. Thank you.
Item #9C
RESOLUTION 2007-84: APPOINTED THAD D. KIRKPATRICK
TO THE INDUSTRIAL DEVELOPMENT AUTHORITY -
ADOPTED
MR. MUDD: Commissioner, the next item is 9C, appointment
of members to the Industrial Development Authority.
COMMISSIONER HENNING: Mr. Chairman, I'm going to
make a motion that we appoint Thadeus Kirkpatrick. I know that's not
the recommendation, but on the previous -- on the next
recommendation, it is to appoint Clay Cone. So I think it's most
appropriate to encourage a variety of partners.
COMMISSIONER COYLE: Mr. Chairman, I'll second that
motion. That will give both of these members an opportunity to serve
on a board, because Mr. Cone has also applied for another committee
that we'll be taking up in just a minute.
CHAIRMAN COLETTA: Okay. So we have a motion by
Commissioner Henning, a second by Commissioner Coyle.
Page 41
April 10, 2007
MS. FILSON: And may I --
CHAIRMAN COLETTA: Yes, please.
MS. FILSON: -- just mention something? And I'll refer this
question to the county attorney. I know that in the ordinance creating
this committee, it says that these members also serve as the
Educational Facilities Authority, and I don't know -- but I still
advertise and we appoint them separately, so that's a question for the
county attorney.
MR. WEIGEL: I'm trying to understand the question, Ms.
Filson.
MS. FILSON: Okay. The ordinance for the IDA states that these
members serve as the Educational Facilities Authority.
MR. WEIGEL: Yes. And the question is?
MS. FILSON: So they're appointing separate members. The
motion is to appoint different members.
MR. WEIGEL: And I think -- you mean to each authority?
MS. FILSON : Yes, sir.
MR. WEIGEL: Okay. And the ordinance, you're indicating,
says that the appointment to one authority means that they serve on
the other authority?
MS. FILSON: That's what I'm asking.
MR. WEIGEL: I think that's the case. I don't think that has been
the operation in the past either. I think the appointments have been
separately made.
MS. FILSON: Okay.
CHAIRMAN COLETTA: Okay. Does that answer everyone's
questions?
(No response.)
CHAIRMAN COLETTA: Commissioner Coyle, anything else?
COMMISSIONER COYLE: No, that's it.
CHAIRMAN COLETTA: And I'm sorry. I lost track of the --
who was the motion maker?
Page 42
April 10, 2007
COMMISSIONER COYLE: Commissioner Henning was the
motion maker for Thad --
CHAIRMAN COLETTA: And you were the second.
COMMISSIONER COYLE: -- Kirkpatrick and I was the
second, yes.
CHAIRMAN COLETTA: Okay. And with that, is there any
other discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor of the
motion, indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it, 4-0.
Item #9D
RESOLUTION 2007-85: APPOINTED CLAY W. CONE TO THE
EDUCA TIONAL F ACIUTIES AUTHORITY - ADOPTED
COMMISSIONER HENNING: Mr. Chairman, I make a motion
that we appoint Clay Cone to the Educational Facilities Authority.
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: Motion by Commissioner Henning,
second by Commissioner Coyle.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
Page 43
April 10, 2007
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
(No response.)
CHAIRMAN COLETTA: The ayes have it, 4-0.
Item #9E
RESOLUTION 2007-86: APPOINTED CLARK WAKEFIELD
HILL TO THE TOURIST DEVELOPMENT COUNCIL -
ADOPTED
COMMISSIONER HENNING: Mr. Chairman, I make a motion
that we appoint Clark Hill to the Tourism Development Council.
COMMISSIONER HALAS: Second.
CHAIRMAN COLETTA: Okay. We have a motion by
Commissioner Henning, a second by Commissioner Halas.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it, 4-0.
Item #9 F
Page 44
April 10, 2007
APPOINTMENT OF MEMBER TO THE COLLIER COUNTY
AIRPORT AUTHORITY - MOTION TO RE-ADVERTISE-
APPROVED
MR. MUDD: Commissioners, the next item is appointment of a
member to the Collier County Airport Authority.
COMMISSIONER HENNING: Mr. Chairman?
CHAIRMAN COLETTA: Yes.
COMMISSIONER HENNING: I understand there's some
concerns from the Airport Authority that the applicant is not -- is a
part-time resident. I shouldn't say part-time resident. He vacations in
the summertime. And their recommendation is to --
CHAIRMAN COLETTA: Readvertise?
COMMISSIONER HENNING: -- readvertise.
CHAIRMAN COLETTA: Is that a motion?
COMMISSIONER HENNING: I'm going to -- that's a part of
my motion, for the Board of Commissioners to readvertise the position
on the Airport Authority.
CHAIRMAN COLETTA: Okay. I'll second that.
Any discussion?
(No response.)
CHAIRMAN COLETTA: We have a motion by Commissioner
Henning and a second by Commissioner Coletta to readvertise.
Hearing nothing, all those in favor, indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 4-0.
Page 45
April 10, 2007
Item #9G
RESOLUTION 2007-87: TO SUPPORT ADDITIONAL FUNDING
FOR FLORIDA FOREVER AND THE CREATION OF A
SUCCESSOR PROGRAM - ADOPTED; WITH A LETTER TO BE
SENT WITH THE RECOMMENDATION THAT STATE
GOVERNMENT REDUCES THEIR SPENDING ON NON-
ESSENTIAL PROGRAMS
MR. MUDD: Commissioner, the next item is 9G. It's a
recommendation to adopt a resolution by the Board of County
Commissioners to support additional funding for Florida Forever and
the creation of aa successor program. This is an item that was added
by Commissioner Coletta.
CHAIRMAN COLETTA: Has everyone had a chance to read
this item?
Commissioner Henning, please.
COMMISSIONER HENNING: Yeah, I read it.
CHAIRMAN COLETTA: Okay.
COMMISSIONER HENNING: And I have a question.
CHAIRMAN COLETTA: Please, go ahead.
COMMISSIONER HENNING: Or maybe more of a statement.
CHAIRMAN COLETTA: Yes, sir, please.
COMMISSIONER HENNING: It's my understanding
Everglades, or the Florida Forever Act, is about to sunset and needs to
be reaffirmed by the legislators. This resolution is different, pulling
for more funds to go for the Everglades Forever Act.
If that's the case, I have no problem with that, but knowing that
they have limited resources, those -- if they choose to take up our
recommendations, they're going to have to take those funds from
someplace else.
CHAIRMAN COLETTA: Did you want to make the motion and
Page 46
April 10, 2007
include that in it?
COMMISSIONER HENNING: No. It's a statement that they're
going to have to get those funds other places besides -- I mean, if you
take away -- if you give to one, you've got to take away from another.
CHAIRMAN COLETTA: That's true. There's a limited amount
of base to work with.
COMMISSIONER HENNING: Again, I have no problem with
that. If the board doesn't have a problem with that, I'll make a motion
to approve, but I think more appropriate would be to ask the
legislators to commit for -- to this program not for it to expire, but I
don't know how --
CHAIRMAN COLETTA: That's part of your motion?
COMMISSIONER HENNING: No. I don't know --
CHAIRMAN COLETTA: I'm sorry.
COMMISSIONER HENNING: -- how the rest of the board
members feel about that. And I think Commissioner Coyle wants to
say something.
CHAIRMAN COLETTA: Okay. Commissioner Coyle. And I'm
not too sure on how we can second the motion because it's a little
vague.
COMMISSIONER HENNING: It's not a motion.
COMMISSIONER HALAS: It's not a motion.
CHAIRMAN COLETTA: Okay. Commissioner Coyle?
COMMISSIONER HALAS: It's just discussion.
COMMISSIONER COYLE: Yeah, Commissioner Henning is
absolutely correct, but I do have at least a partial solution to that
problem, and we've already made this recommendation to the state
and federal government.
But I would -- I would suggest that we approve the resolution
with the -- with the recommendation that state government reduce its
spending and find more efficient ways to do the things they're doing
rather than committing additional funds for the education of illegal
Page 47
April 10, 2007
immigrants in the State of Florida.
They just approved a bill that -- at least just came out of
committee -- to approve a bill spending our tax dollars to support the
education of illegal immigrants. And I'm sure the state legislators can
find some ways to reduce their spending on nonessential programs
there to support the Florida Forever program.
And I would be willing to make a motion to approve this with
that guidance to our state legislators.
COMMISSIONER HALAS: And I'll second that motion, sir.
CHAIRMAN COLETTA: Thank you for that, Commissioner
Halas and Commissioner Coyle. A motion by Commissioner Halas
and a second by --
COMMISSIONER HALAS: No.
CHAIRMAN COLETTA: Commissioner Coyle, a second by
Commissioner Halas.
MS. FILSON: Commissioner, I'm sorry. I have a speaker.
CHAIRMAN COLETTA: Okay. Yeah, okay. We have the
motion. Go ahead and call the speaker, please.
COMMISSIONER COYLE: She's not going to oppose this.
MS. FILSON: Bridget Washburn.
CHAIRMAN COLETTA: Bridget wants to talk us out of it.
MS. WASHBURN: No. I guess now I just want to say thank
you for meeting with me. Bridget Washburn from the Conservancy of
Southwest Florida. And I would like to thank the commissioners for
taking the time to meet with me to discuss this item last month and for
putting it on the agenda right now. And I'm just here to encourage
you to go ahead and pass this resolution. I think it will be good for the
future of Florida.
CHAIRMAN COLETTA: Thank you.
And with that, any other discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
Page 48
April 10, 2007
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 4-0.
MR. WEIGEL: Mr. Chairman then, for clarification, this
resolution will be modified to include the additional language that Mr.
Coyle has offered?
CHAIRMAN COLETTA: That's correct. That's my
understanding of what the motion was.
COMMISSIONER COYLE: Could I clarify that, Mr. Chairman?
CHAIRMAN COLETTA: Yes, please do.
COMMISSIONER COYLE: Rather than modifying the
resolution, could we leave the resolution as it is and provide that
clarification in the forwarding letter by the Chairman?
CHAIRMAN COLETTA: Okay. Is that substantially different
than the motion that we had?
MR. WEIGEL: Not necessarily. This is -- I consider this merely
a clarification of the action by the board.
CHAIRMAN COLETTA: Okay. Is there any discussion on the
clarification?
COMMISSIONER HALAS: No.
CHAIRMAN COLETTA: Seeing none, then it stands.
MR. WEIGEL: Thank you.
CHAIRMAN COLETTA: Thank you.
MR. WEIGEL: Thank you very much.
MR. MUDD: Mr. Mudd?
Item # lOA
Page 49
April 10, 2007
RESOLUTION 2007-88: APPROVING AN APPLICATION FOR A
CHARIT ABLE ORGANIZATION IMP ACT FEE WAIVER, IN
ACCORDANCE WITH SECTION 74-203(1) OF THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE), IN
THE AMOUNT OF $100,000, FOR COLLIER HEALTH
SERVICES, INCORPORATED AND APPROVE A
REIMBURSEMENT OF IMPACT FEES, IN THE AMOUNT OF
$100,000 PAID ON BUILDING PERMIT NO. 2006091892
ADOPTED W/CLARIFICATION OF IMPACT FEE DEFERRALS
DUE TO CHANGES OF OWNERSHIP OF SAID PROPERTY -
MOTION TO BRING FORTH AN AMENDMENT TO THE
CONSOLIDATED IMP ACT FEE ORDINANCE IN REGARDS TO
BUSINESSES - ADOPTED
MR. MUDD: Commissioner, that brings us -- 9H is at six p.m.
tonight. That brings us to lOA, which is a recommendation that the
Board of County Commissioners of Collier County, Florida, adopt a
resolution approving an application for a charitable organization
impact fee waiver in accordance with section 74-203(i) of the Collier
County Code of Laws and Ordinances, the Collier County
Consolidated Impact Fee Ordinance, in the amount of$lOO,OOO for
the Collier Health Service, Incorporated, and approve a
reimbursement of impact fees in the amount of $1 00,000 paid on
building permit number 2006091892. And Ms. Amy Patterson --
CHAIRMAN COLETTA: Before we begin, Amy,
Commissioner Henning's got a question or comment.
COMMISSIONER HENNING: I just have one question before I
make a motion. What funds would this be coming out of to give
credit?
MS. PATTERSON: For the record, Amy Patterson. It is an
Page 50
April 10, 2007
outright waiver, so theoretically that would then fall back on the
general fund for any shortfall to the impact fee trust funds; however,
there's no actual transfer of funds related to the program, so --
COMMISSIONER HENNING: Well, it's already allocated
through the budget?
MS. PATTERSON: Correct.
COMMISSIONER HENNING: Right? Motion to approve.
CHAIRMAN COLETTA: Second.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Let me make you aware of a
discussion I've had with staff about this issue. This really is a deferral
rather than a waiver. The intent is for it to be a deferral rather than a
waiver, but we don't have an ordinance which specifically spells out
how we deal with these things.
And I think Jeff Klatzkow has written an opinion on this issue --
we might want to hear from him on that -- which doesn't change the
vote. But I think that what I would like to ask the commission is, that
once you've approved this, would you think it wise to change the
ordinance so that it clarifies how we handle situations like this?
MR. KLA TZKOW: The issue is deferment or a waiver. As we
presently stand, this is more of a waiver of impact fees. The issue
comes up at, what happens if this entity no longer occupies that space.
Right now they're a charitable organization. They qualify, but if they
lease this space, they could be out of business in three months, six
months, and then somebody new comes into that space, and if we've
waived the impact fees entirely, that new person -- I'm not going to
call it a windfall, but they won't be paying it.
Ifwe view this as deferment, what we could do is we could place
a -- we can get into an agreement with the charitable organization,
create a lien on the property so that if at any time that property is no
longer used for a charitable purpose, if somebody new came along, at
that point in time, the impact fee could get paid. Completely a policy
Page 51
April 10, 2007
decision by the board which way you want to go.
COMMISSIONER COYLE: And if we make that decision, as
the board should make that decision, what has to be done with respect
to any ordinances?
MR. KLA TZKOW: I would need to amend the ordinance to
clarify this, although in this particular case, if you wanted to, since this
is purely discretionary on your granting this waiver, you could make a
condition that we do just that and we treat this as a deferment, and I
can put together an agreement that would reflect the board's desire.
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: Yeah, may I amend my motion?
CHAIRMAN COLETTA: Sure.
COMMISSIONER HENNING: To approve the item with the
clarification, this will be an impact fee deferral, making it to where the
applicant no longer occupies the building, that monies would come
back to the Board of Commissioners.
CHAIRMAN COLETTA: Okay. My second would agree to
that.
COMMISSIONER COYLE: And could I just ask a question?
CHAIRMAN COLETTA: Of course, Commissioner Coyle.
COMMISSIONER COYLE: Could we -- after this motion is
taken, could we ask or direct staff to make an appropriate change in
the ordinance to the extent that is necessary so that future situations
such as this will require --
CHAIRMAN COLETTA: I think, Commissioner, we just about
did that already. I see you nodding your head, me nodding my head.
Commissioner Henning isn't moving yet.
COMMISSIONER HENNING: Yeah. I would like to take
official action on this action --
CHAIRMAN COLETTA: Let's take --
COMMISSIONER HENNING: -- per the board ordinance.
CHAIRMAN COLETTA: Let's go ahead with this motion and
Page 52
April 10, 2007
the second, and then we'll come back.
We have one speaker?
MS. FILSON: We have one speaker, sir, Sharon Aragona.
MS. ARAGONA: I don't think it's necessary since you're
approving it.
CHAIRMAN COLETTA: Okay. Thank you very much. Let the
record show that she waived.
Okay. With that, we -- any other discussion on the motion or the
second?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it, 4-0.
Okay, Commissioner Coyle -- or Commissioner Henning?
COMMISSIONER HENNING: Mr. Chairman, I'm going to
make a motion to direct staff to amend the consolidated impact fee
ordinance to reflect for businesses and other entities to mirror what we
have on the housing impact fee deferral program and, therefore, once
that's -- entity or business doesn't occupy said building or occupation,
that those impact fees will be returned to the Board of Commissioners.
Sufficient?
COMMISSIONER COYLE: (No verbal response.)
MR. KLATZKOW: Yes, sir.
CHAIRMAN COLETTA: We have a motion by Commissioner
Henning, a second by Commissioner Coyle.
Did you have something else to add, Commissioner Henning? I
Page 53
April 10, 2007
didn't mean to cut you short.
COMMISSIONER HENNING: No.
CHAIRMAN COLETTA: Anything you'd like to add or
questions you might have?
MR. KLA TZKOW: Board's very clear.
CHAIRMAN COLETTA: Okay. With that, any other
discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it, 4-0.
Thank you, Commissioner Henning.
Item #lOB
TO ENTER INTO TWO AGREEMENTS WITH THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT, AGREEMENT
NO. 4600000625 AND AGREEMENT NO. 4600000627,
PROVIDING FUNDING ASSISTANCE FOR CONSTRUCTION
OF PHASE lA OF THE LELY AREA STORMWATER
IMPROVEMENT PROJECT IN THE AMOUNT OF $1,190,000
AND $800,000 OF FUNDING ASSISTANCE FOR
CONSTRUCTION OF THE GA TEW A Y TRIANGLE
STORMW A TER IMPROVEMENT PROJECT -
Page 54
April 10, 2007
APPROVED
MR. MUDD: Commissioner, that brings us to lOB, and it's to
receive board approval to enter into two agreements with the South
Florida Water Management District, agreement number 4600000625
and agreement number 4600000627, providing funding assistance for
construction of phase lA of the Lely Area Stormwater Improvement
Project in the amount of $1,190,000 and $800,000 of funding
assistance for construction of the Gateway Triangle Stormwater
Improvement Project.
And Mr. Gene Calvert, your director of stormwater in the
transportation division, will present.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER HALAS: Second.
CHAIRMAN COLETTA: We have a motion to approve by
Commissioner Coyle and a second by Commissioner Halas.
Any questions or discussion?
Yes, sir, do you have to read something into the record?
MR. CALVERT: Please. Eugene Calvert, stormwater
management director. Just for information, we're very please to bring
this to the board.
This amount of money, this $1.19 million for the LASIP and the
800,000 for the Gateway is a substantial amount that will help us go
forward with these projects.
These projects were -- this funding is funded through the South
Florida Water Management District but is also -- it's worth noting that
this funding was received in the 2006 state legislature through the
Naples Bay initiative. We will anticipate receiving money, additional
fundings on these projects, in the 2007 initiative that was passed last
year, and we have some funding in there for the 2008, so we're very
pleased to move forward with these projects.
CHAIRMAN COLETTA: Thank you. Any questions or
Page 55
April 10, 2007
discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor of the
motion, indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 4-0.
Mr. Mudd, before we go on to the next item, let's go ahead and fit
a break in now and then we'll come back. We should be able to finish
everything up quite early.
MR. MUDD: Yes, sir, you're just about -- you're just about
there.
CHAIRMAN COLETTA: I know that, but I want to -- I want to
make sure we got a break in here.
THE COURT REPORTER: You can keep going.
CHAIRMAN COLETTA: You want us to keep going?
THE COURT REPORTER: That's fine.
CHAIRMAN COLETTA: Okay. Go ahead, Mr. Mudd.
Item #lOC
RESOLUTION 2007-89: AUTHORIZING THE CONDEMNATION
OF FEE SIMPLE, TEMPORARY CONSTRUCTION EASEMENTS
AND PERPETUAL, NON-EXCLUSIVE ACCESS, DRAINAGE
AND MAINTENANCE EASEMENT INTERESTS NECESSARY
FOR THE CONSTRUCTION OF PHASE 1 B SOUTH OF THE
LEL Y AREA STORMW A TER IMPROVEMENT PROJECT
(LASIP). (CAPITAL IMPROVEMENT ELEMENT NO. 291,
Page 56
April 10, 2007
PROJECT NO. 511012). ESTIMATED FISCAL IMPACT:
$960,000.00 - ADOPTED
MR. MUDD: Commissioner, that brings us to 10C, which is a
recommendation to adopted a superseding resolution authorizing the
condemnation of fee simple temporary construction easements and
perpetual nonexclusive access drainage and maintenance easement
interests necessary for the construction of phase 1 B south of the Lely
Area Stormwater Improvement Project, LASIP, capital improvement
element number 291, project number 511012, estimated fiscal impact,
$960,000.
And Mr. Gene Calvert, your director of stormwater,
transportation division, will project.
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: Motion to approve by Commissioner
Henning, second by Commissioner Coyle.
MR. MUDD: Mr. Calvert needs to put some things on the
record.
CHAIRMAN COLETTA: Yes. I was going to give him that
opportunity. Please, sir.
MR. CALVERT: Thank you. Mr. Chairman, Gene Calvert, for
the record, stormwater management director. It's very important that
we recognize that there are certain situations when acquiring these
properties through condemnations, and the board needs to recognize
those, and those are the long-term planning efforts that we're going
into in any type of project.
The alternate routes, looking at various different alternate routes
or different ways we can take -- get rid of the water, for flood
continuation, cost certainly is a factor that we consider, safety, and
environmental issues. So those are the items that need to be
considered in the board's motion.
Page 57
April 10, 2007
CHAIRMAN COLETTA: Okay. Any other -- any comments,
any questions?
(No response.)
CHAIRMAN COLETTA: Okay. Seeing none, all those in favor
of the motion, indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it, 4-0.
The next one would be 16D 1, which is 10D now. I'd like to
move that.
MR. MUDD: Commissioner, if I could make a recommendation
-- you're right, because Commissioner Fiala was one of the
commissioners of interest that wanted this moved to the regular
agenda, and you all know she's -- her husband Paul had some surgery
this morning and that's why she's not here. She will be here this
afternoon.
So if we could -- if we could adjourn this board meeting until one
o'clock, and then you could get your land use items, those two done,
get to that particular item, do commission -- or do public comment on
general topics, our communications, and whenever that is, we'll
adjourn again until six p.m. to hit item 9H, and then we can conclude
after that item is finished, if that is okay with the Board of County
Commissioners.
CHAIRMAN COLETTA: This has got to be the shortest agenda
I've ever seen for a regular Board of County Commission meeting.
Not that I'm arguing.
MR. MUDD: Commissioners were very effective this morning,
SIr.
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April 10, 2007
CHAIRMAN COLETTA: Thank you. It's been a wonderful job.
In that case there, we'll adjourn until one o'clock.
MR. MUDD: Yes, sir.
CHAIRMAN COLETTA: Thank you.
Mr. Mudd, lunch is scheduled till 1 :30, so we're going to resume
at 1 :30.
(A luncheon recess was had.)
(Commissioner Fiala is now present.)
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, Commissioners, you have a hot mike.
CHAIRMAN COLETTA: Thank you, Mr. Mudd. We'll
continue where we left off. What's the next item?
Item #8B
RESOLUTION 2007-90: PETITION-SNR-2007-AR-11244 (AB)
THE PHILHARMONIC CENTER FOR THE ARTS,
REPRESENTED BY JOSEPH CROWLEY, JR, IS REQUESTING
A STREET NAME CHANGE. THE APPLICATION PROPOSES
TO CHANGE TO MYRA JANCO DANIELS BOULEVARD THAT
PORTION OF WEST BOULEVARD ON THE NORTH SIDE OF
SEAGA TE DRIVE TO ITS INTERSECTION WITH PELICAN
BA Y BOULEVARD. THE STREET IS LOCATED IN THE
SOUTHERNMOST SECTION OF PELICAN BAY, JUST NORTH
OF SEAGA TE DRIVE AND WEST OF THE T AMIAMI TRAIL
NORTH (US RT. 41), SECTION 9, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA - ADOPTED
MR. MUDD: Yes, sir. It's 88. This item requires that all
participants be sworn in and ex parte disclosure be provided by
commission members.
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April 10, 2007
It's SNR-2007-AR-11244 (AB), the Philharmonic Center for the
Arts, represented by Joseph Crowley, Jr., is requesting a street name
change. The application proposes to change to Myra Janco Daniels
that portion of West Boulevard on the north side of Seagate Drive to
its intersection with Pelican Bay Boulevard.
The street is located in the southernmost section of Pelican Bay
just north of Sea gate Drive and west of Tamiami Trail North, U.S.
Route 41, Section 9, Township 49 south, Range 25 east, Collier
County, Florida.
CHAIRMAN COLETTA: Thank you. And all people wishing
to participate on this particular agenda item, please stand at this point
in time and be sworn in.
(The speakers were duly sworn.)
CHAIRMAN COLETTA: Thank you. Now disclosures on the
part of the commissioners, starting with Commissioner Coyle.
COMMISSIONER COYLE: I have no disclosures concerning
this item. No, I'm sorry. I did receive some correspondence. I have
not met with anyone, but I did receive some correspondence from
people who objected to this change.
CHAIRMAN COLETTA: Commissioner Halas?
COMMISSIONER HALAS: Okay. I've received phone calls
and emails on this particular item. I have not met with anyone other
than the staff people to figure out where we are on this issue.
CHAIRMAN COLETTA: And that would be the same for me,
too. I received emails and phone calls and met with staff.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I received emails as well, and
that was it.
CHAIRMAN COLETTA: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: I received an email from
Bridgeway Villas.
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April 10, 2007
CHAIRMAN COLETTA: And that's it?
COMMISSIONER HENNING: Actually I might -- received
this. It's addressed to Commissioner Halas, so maybe I ought to give
it to him.
CHAIRMAN COLETT A: Well, you received it though. Yeah,
okay. So we can count that towards your side of the ledger.
Okay. Go ahead, Mr. Mudd.
MR. MUDD: Mr. Crowley?
MR. DROBIS: Good afternoon. I am Dave Drobis. I'm here
representing the Philharmonic Center for the Arts as a board member.
I am also a 13-year resident of Pelican Bay.
We thank you very much for your consideration of this petition
to rename a section of West Boulevard in Pelican Bay.
Certainly the official recognition from Collier County would be a
great honor for all of us at the Phil, and particularly for our founder
and CEO, Myra Janco Daniels, particularly in this year, which is the
25th anniversary of the orchestra coming to Collier County.
The Phil's value to this county is immeasurable, and much of it,
of course, is due to the vision and day-to-day management for 25
years of Mrs. Daniels.
We requested this section of West Boulevard because there are
no businesses or residences that use it as an address. Other possible
streets around the Phil have businesses that would be severely affected
both operationally and economically.
Our request has been fully supported by the Pelican Bay
Foundation which represents all of the subdivisions in Pelican Bay. It
also has the enthusiastic support of all the other properties, the St.
Williams Catholic Church, the Waterside Shops, U.S. Trust, and Toni
Stabile building, which the Phil also owns.
The only objection is, a name change would cause confusion in
providing directions for a few residents. We believe that this is a
short-term adjustment. A well-deserved tribute, Mrs. Daniels from
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April 10, 2007
Collier County is a long-term legacy for someone who has given so
much of herself to this community.
We hope that that far outweighs any inconvenience of having to
remember a new name for directions, a name, incidentally, that is very
well-recognized in this community and should be for years to come.
We thank you again very much for your consideration.
CHAIRMAN COLETTA: Thank you. Is there staff
presentation? Yes, good.
MS. BLAIR: Good afternoon. For the record, Ashley Blair,
senior planner, department of zoning and land development review.
I have a location map up here. And as it shows, this petition is a
proposal to change West Boulevard between Pelican Bay Boulevard
and Seagate Drive to Myra Janco Daniels. There are eight property
owners abutting West Boulevard.
Staffs review of street name changes consists of checking to see
that at least 50 percent plus one property owner abutting the street to
be changed have signed the petition.
With this petition, 100 percent of the property owners have
signed. Staff, therefore, recommends approval.
To date I have received 18 letters of objection and one letter of
support from the residents whose property is located close to West
Boulevard. You have received some of those in your packet and I'd
like to pass out the rest at this time.
Thank you, Susan.
The majority of these letters are from residents in the Bridgeway
Villas Association. As shown in our map here, the actual homeowners
of Bridgeway Villas do not own property directly on West Boulevard.
They have their access off of the street. Their properties are shown
circled in like a brownish-black on the map on the screen here. West
Boulevard is shown in red, and shown in yellow on the map is the area
owned by Bridgeway Villas Homeowners Association showing the
access off of West.
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April 10, 2007
One of the letters of objection, which is included in your packet,
is from the president of the Bridgeway Villas Association, wishing to
withdraw his original signature from the petition.
The concern that the -- the concerns expressed in letters include:
Increased difficulty for delivery drivers; inconvenience for residents
giving directions to their home; Myra Janco Daniels Boulevard is too
long; West Boulevard is an easier name to use; the change is not
necessary .
Residents' suggestions include: To rename Laurel Oaks
Boulevard or Ridgewood Drive to honor Ms. Daniels; rename the
entire Philharmonic; and to leave the street name as is.
I'd be happy to answer any questions that you have at this time.
COMMISSIONER HENNING: Any questions?
CHAIRMAN COLETTA: Yeah. I have a question, i[J may.
COMMISSIONER HENNING: Sure, go ahead.
CHAIRMAN COLETTA: Thank you, sir. I appreciate that.
You're very polite after lunch, by the way. I hope it lasts.
If you would, please, I know that in the past we've had numerous
streets come forward that wanted names changes. I can remember a
number of years ago many of them along Santa Barbara,
Commissioner Henning's district, changed from number streets to all
sorts of names. The idea being that name changes in this case was an
advantage as far as real estate values go, for whatever reason.
At that point in time, was there complaints that were received in
large numbers after those name changes took place with emergency
services or delivery services not being able to find the streets?
MS. BLAIR: I'm not sure. The ones that I have done, I have not
received any complaints. I've only done a few of them. I don't know
all the history.
CHAIRMAN COLETTA: Is there a possibility that when this
name change takes place that for a short period of time, maybe a year,
that you might be able to, if it does take place, be able to keep the old
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April 10, 2007
sign with the new one above it or something? Some way that might
be able to facilitate people finding their address?
MS. ISTENES: Good afternoon. Susan Istenes, zoning director.
We don't normally receive complaints, because after if -- after a street
name change is approved, it gets staffed through 911, post office, and
-- I'm sorry, somebody else. The word just went right out of my head.
But it no longer comes to the zoning department.
So all name changes go to, like I said, 911, post office and all
that. So I can't -- we couldn't really answer if we've ever got
complaints or not from folks.
CHAIRMAN COLETTA: But just a thought, and I don't know
how practical it is, but I know when they changed the streets on Santa
Barbara, they weren't certain what was going to happen when they
changed those names, dropped the numbered streets until people were
used to doing it. At that point in time they put up temporary signs of
some sort for about a year's period till people got used to new names.
Just a thought. Do they still that today or no?
MS.ISTENES: I haven't seen that, but I think, you know, unless
Norm Feder objects, I don't see why they couldn't do that.
CHAIRMAN COLETTA: He's shaking his head no.
MS.ISTENES: Doesn't have a problem with that, then--
CHAIRMAN COLETTA: No. It might be a suggestion, and I'll
leave that up for discussion by this commission.
Commissioner Halas?
COMMISSIONER HALAS: Is it my understanding that the
information that was put into my agenda packet here that you have
100 percent of the people that butt up against West Boulevard that
approved this?
MS. BLAIR: Yes, sir. One letter of objection was from the --
one of the people that signed the petition, so he wished to withdraw
his signature, but it was after -- it was like last week, so it was after the
packets had been sent.
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April 10, 2007
COMMISSIONER HALAS: Is (sic) there property butt up
against this particular street?
MS. BLAIR: Yes. One of them does, and it's the one shown in
yellow on the map there. It's from the homeowners association.
COMMISSIONER HALAS: Okay. And this is in regards to
where they enter into their community over a bridge; is that correct?
MS. BLAIR: Yes.
COMMISSIONER HALAS: Okay. So what you need to have
compliance in regards to a name change, you need 50 percent plus
one; is that correct?
MS. BLAIR: Yes. And with -- if this signature had not been
included in the petition, theoretically, it would have still been 87.5
percent.
COMMISSIONER HALAS: Okay. Thank you. Do we have
speakers on this?
CHAIRMAN COLETTA: Yes, I think we do.
How many speakers?
MS. FILSON: We have seven speakers.
CHAIRMAN COLETTA: Okay. Before we go to the speakers,
we'll go to Commissioner Coyle.
COMMISSIONER COYLE: Yeah. I want to clarifY something;
85.7 percent of what?
MS. BLAIR: It would -- 87.5 of 100, and that would be seven
out of eight property owners that abut the street, that abut the street.
Shown in yellow is the association. The people that we have in
objection are -- have been outlined in black, you can see easier on the
map on the screen. Those are the people, the majority, that are
objecting, and they do not abut the street.
COMMISSIONER COYLE: Okay. Let me make sure I
understand this. The majority of the people who object do not abut
the street?
MS. BLAIR: Correct. They have an entrance off of the street.
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April 10, 2007
COMMISSIONER COYLE: Yes. Where is the majority of the
people who agree?
MS. BLAIR: Well, seven out of eight are along the street. All
people signed that abut. One has, you know, withdrawn his signature.
COMMISSIONER COYLE: So of the seven people on the street
that -- where the name is proposed to be changed, have agreed to
change the name?
MS. BLAIR: Yes,
COMMISSIONER COYLE: Seven of the eight?
MS. BLAIR: Yes.
COMMISSIONER COYLE: And the people who are objecting
are not on the street at all but they have a legitimate concern about the
name change because you have to turn onto this street in order to get
into their community. Do I have this right?
MS. BLAIR: That's correct.
COMMISSIONER COYLE: Okay. Thank you very much.
CHAIRMAN COLETTA: Fine. I'll tell you what. Why don't we
go to the speakers. I will ask you -- it will be three minutes -- if you
find that the person before you expressed everything that you wished
to say, it might not serve us all well because everything's repetitive. If
you have something new to add, we'd love to hear it. In any case, if
you feel the subject has been covered, you have the right to waive.
But in any case, I don't want you to think that we're removing your
right to speak. Please call the first speaker.
MS. FILSON: First speaker is John Cox. He'll be followed by
Selma Petker.
MR. COX: Good afternoon, Mr. Chairman. I think that this
really boils down to a practical situation. Most of the people who abut
on this West Boulevard are commercial interests, two of them which
are the Phil and property owned by the Phil, and you actually have 61
residences who, although we do not abut on the Phil, our daily lives
come off and on from West Boulevard.
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April 10, 2007
And there has been reference to the fact that EMS capability, you
know, navigational systems, which take at least a couple of years to
clear out, et cetera, et cetera, impact 61 entities. Although we don't
specifically abut in terms of ownership on West Boulevard, our lives
are on and off West Boulevard every day.
And I think -- I think all sorts of accolades, and understandably
so, to Mrs. Daniels, are certainly in order. We don't have any
disagreement with that. What we have a disagreement with is the
actual interference that it puts in our daily lives of people trying to
come to our homes and go back and forth.
So I think that there's a little -- nobody means to, but there's a
little bit of misunderstanding as to, even though we are not property
owners abutting West Boulevard, it does impact us in a lot of the
different ways that it's been mentioned.
And so I, as a resident of West Boulevard, find that I wish they
would find some other way of honoring Mrs. Daniels rather than
changing our one and only entrance and the street that we use all the
time. Thank you.
MS. FILSON: Selma Petker. She'll be followed by Davin (sic)
Drobis.
MS. PETKER: Good afternoon. Selma Petker of Bridgeway. I
would just like to add that it's our driveway that goes onto West
Boulevard, and we consider West Boulevard our street, our
neighborhood. And it seems very commercial.
I do want to honor Mrs. Daniels, but it becomes very commercial
when it's Myra Janco Daniels Boulevard. We would like another
street name in honoring Mrs. Daniels.
Thank you for your attention.
CHAIRMAN COLETTA: Thank you.
MS. FILSON: Davin Drobis.
(No response.)
MS. FILSON: William O'Hara? He'll be followed by Allan
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April 1 0,2007
Grossman.
MR. O'HARA: Good afternoon. My name is William O'Hara,
Mr. Chairman. I'm here basically to represent Bridgeway Villas
Board of Directors. I'm a member of the board of directors. And in a
recent vote, we voted 4-1 that we do not want that road changed. It is
our livelihood -- I mean, not our livelihood; it is the way we enter and
exit our properties.
I think one of the things that should be understood, when you say
seven out of eight of the properties abut that, they do abut it, but all of
their rears face West Boulevard. None of their front entrances face
West Boulevard. We come out every day and look at West
Boulevard, and we'd like to see it stay that way.
I appreciate your time. Thank you.
MS. FILSON: Allan Grossman. He'll be followed by Allan (sic)
Grady.
MR. GROSSMAN: Good afternoon. I'm Allan Grossman. I am
president of Bridgeway Villas Association. I am the individual who
originally signed a letter because I felt very strongly that Myra
Daniels should be recognized during her lifetime. She has done so
much for the community.
However, I did not at that time realize I was signing for the entire
community because I am the president. That's a shame on me because
I didn't thoroughly read and understand the petition.
Aside from that, I can only say that West Boulevard is basically
our home address, just like with any other community in Pelican Bay
where you have multifamily dwellings. Very, very few of the
community's residents live on Pelican Bay Boulevard. Their
driveways are on Pelican Bay Boulevard, but their homes are not. The
same goes for how we stand in relation to West Boulevard.
We do feel that other streets can be used for this honor,
especially those streets where there are no residents and very, very,
very few addresses that would be affected.
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April 1 0, 2007
So once again, the community which is most vitally affected by
this change and which represents residents of Collier County asks you
to reconsider the naming of West Boulevard. Thank you.
COMMISSIONER HALAS: AI? Allan? IfI could ask you a
question.
MR. GROSSMAN : Yes.
COMMISSIONER HALAS: You said that -- what do you use
for an address for the street when you send mail out?
MR. GROSSMAN: I send out 633 Bridgeway Lane.
COMMISSIONER HALAS: Okay. You don't use the West
Boulevard as it presently is as your mailing address?
MR. GROSSMAN: No. No more than anyone else that's living
in, let's say, Glenview in Pelican Bay, they don't use Pelican Bay
Boulevard as their address.
COMMISSIONER HALAS: Okay. Thank you.
MS. FILSON: Alex Grady. He'll be followed by Darcy Cox.
MR. GRADY: Commissioner, my name is Alexander Grady.
I'm, again, a resident of Bridgeway Villas. And it's not just West
changing, it's the fact that the whole area is so confusing. You start
over, you tell your friends or emergency services, first you have to
turn in on Seagate. Oh, sorry, you started out on Pine Ridge, then you
get to that corner that becomes Seagate.
Now, I can't imagine then when you're coming in from West and
trying to find people off 41 having to go through that explanation that
once you're on West, but don't worry, you also see that Seagate's
changing to Pine Ridge and vice versa. Just keep going on Myra D --
and I can't even say it. I can't even say Myra -- was it Janco Daniels?
Are we really going to have to use that whole phrase?
I mean, if you could n if you really must use that block for her
honoring, perhaps you can reduce -- if you have to do a new petition,
which we won't favor -- but reduce it to Myra Boulevard or Daniels
Boulevard. But I mean, that whole Myra Janco Boulevard, you'll
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April 10, 2007
never -- Daniels. See, I can't do it.
Anyway, that's the problem. Thank you.
MS. FILSON: The final speaker is Darcy Cox.
MS. COX: Good afternoon, Commissioner. I would like to
appeal to you as representatives. This is not a legalistic thing about
addresses. This has to do with the daily life of 60 homeowners on this
street.
And it's true, we're the only ones that this affects. And
unfortunately when the petition apparently was concocted, they
looked at that one thing, that this is an address.
Can you imagine telling a pizza delivery company that you live
on Myra Janco Daniels Boulevard? Do you think they would even
ever get it down properly?
And, again, as Alexander pointed out, we're talking about a
one-block area. To the south of us it becomes West again. At that
intersection it's Seagate, which a block later, becomes Pine Ridge at
the other end of us, and we're the only people who have to give West
Boulevard as a way of getting to our location. There is no other way
to get to us. We're smack in the middle of the block.
So I believe this is an improper use of public power to just honor
a private person, as wonderful as she might be. There are other ways
to do it.
Now, as it was pointed out earlier, I think it was Commissioner
Halas's question, or perhaps it was Chairman Coletta's, weren't there
some previous name changes that were a result of a community effort
to have their street name changed, which just goes to show how
important street names are to people.
In this case, the residents on -- off of this street are against it.
Why would the commissioners change it when the people who are
actually there and affected by it are against it?
I had one other thought, and I'm going to lose it. The other thing
is, nobody has brought up, if you shorten it or even if you tried to
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April 10, 2007
shorten it, just colloquially, Daniels Boulevard is an extremely
well-known street to the north of us in Fort Myers, just leaves itself
open to further confusion.
So we strongly recommend that the commissioners send the
petitioner back to find a better way to honor Ms. Daniels. Thank you
very much.
CHAIRMAN COLETTA: Thank you.
MS. FILSON: That was your final speaker, Mr. Chairman.
CHAIRMAN COLETTA: Okay. Commissioner Halas?
COMMISSIONER HALAS: I understand the frustration of some
of the citizens here that spoke today. It's interesting that Pelican Bay
Foundation feels that this is the correct thing to do, and it was only
this community that had -- were upset about it.
One of the questions that was raised today is that, would this
affect your street address as such? And I believe the answer is no, as
far as you don't have to write on a post card or letter, Myra Janco
Daniels Boulevard.
And I feel that when you look at what this lady has provided for
this community, starting way back in 1982, there's only 19
philharmonic orchestras in the United States that are totally solvent,
and we have one of them, and this is a -- by all standards, this is a very
small community.
And I feel strongly that we need to go forward with this. It's a
one-block road. I don't believe it's going to -- it's not going to create a
problem as far as traffic congestion, as far as health, safety and
welfare. When you call 911, you basically give your street address,
your house address, and the sheriff will get -- knows exactly where
that's located whether this is West Boulevard or whether it's Myra
Janco Daniels Boulevard.
So I make a motion that we approve this name change.
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: Okay. We -- I'm going to close the
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April 10, 2007
public hearing first, then we have a motion by Commissioner Halas
and a second by Commissioner Fiala in favor of the name change.
Now we'll go to Commissioner Henning.
COMMISSIONER HENNING: Thank you. I just have a
question. I thought it was the board's rules that we have the input of
an emergency services on how this would affect them. Am I wrong or
-- what's the -- it's not a requirement?
MS.ISTENES: Susan Istenes, again, for the record. It's not a
requirement in our Land Development Code.
COMMISSIONER HENNING: Okay. But I've just seen those
in the past, so it's just whether they have some interest or not. Great.
I'm all set.
CHAIRMAN COLETTA: Commissioner Fiala, then
Commissioner Halas.
COMMISSIONER FIALA: Yeah. Wouldn't it -- I listened to all
of the things that the residents said, and I -- I also listened to the
question from Commissioner Halas about, is that their street address,
and then they talked about confusion on West Boulevard.
But what I thought was, actually to me anyway, it would be less
confusion because I never know where on West Boulevard we're
talking about when they give different addresses. By saying Myra
Janco Daniels Boulevard, you're going to know it's right there by the
Phil and not on the other part of West Boulevard, so it actually cleared
it up for me, and that's why I offered my second.
CHAIRMAN COLETTA: Commissioner Halas?
COMMISSIONER HALAS: I was under the impression that
when we did a name change, that it did have to go through the
confines of the sheriffs department and EMS.
MR. MUDD: Commissioner, I just had clarification. It's only
when we have a multiple name that's the same that we go to them to
see --
COMMISSIONER HALAS: Okay.
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April 10, 2007
MR. MUDD: -- if there'd be any confusion. In this particular
case, this is the one and the only.
COMMISSIONER HALAS: Okay. Thank you very much for
the clarification.
CHAIRMAN COLETTA: Fine. Commissioner Coyle?
COMMISSIONER COYLE: It is important that we clarify that
issue. The people who spoke raised a valid concern, how are
emergency vehicles going to find this area.
Now, we have a way to do that. It doesn't require two years to
update a database. The fire departments and EMS will, in fact, be
informed, and they will know of the name change and it will be
included in their database. Is this not correct?
MR. MUDD: That's absolutely correct, Commissioner.
COMMISSIONER COYLE: Okay. So there is no delay. There
is a process of coordination to make sure that emergency service
vehicles are well aware of this name change. Their databases will be
changed. Their GPS units will still show the road. They'll know
exactly where the road is. So there should be no fear by anyone that
somehow an emergency vehicle is not going to be able to respond
properly because there is a process --
MR. MUDD: Yes, there is.
COMMISSIONER COYLE: -- that accomplishes this, right?
Okay. I just wanted to make sure that we understood that.
CHAIRMAN COLETTA: Fine. With that, is there any other
comments?
Hearing none, we have a motion by Commissioner Halas, a
second by Commissioner Fiala.
Seeing no other discussion, I'll call the question. All those in
favor, indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
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April 10, 2007
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it, 5-0. Thank you very
much for coming.
Item #8C
ORDINANCE 2007-38: AN AMENDMENT TO COLLIER
COUNTY ORDINANCE NO. 79-8, AS AMENDED, THE
COLLIER COUNTY VESSEL CONTROL ORDINANCE; BY
AMENDING SECTION FIVE, SPEED LIMIT IN CERTAIN
AREAS, TO ESTABLISH THE SPEED ZONES IN NAPLES BAY
AND TO DIRECT STAFF TO PREPARE A WATERWAY
PERMIT APPLICATION - ADOPTED
MR. MUDD: Commissioner, the next item on the agenda is 8C.
It used to be 170. This is a request to approve an amendment to the
Collier County ordinance number 79-8 as amended, the Collier
County Vessel Control Ordinance, by amending section five, speed
limit in certain areas, to establish the speed zones in Naples Bay and
direct staff to prepare a waterway permit application.
The item was moved from the summary agenda and asked to be
on the regular agenda by Commissioner Coyle and Commissioner
Halas.
CHAIRMAN COLETTA: Okay. We'll start with you,
Commissioner Coyle.
COMMISSIONER COYLE: I have only talked with staff and
with the county attorney on this issue, although we have discussed it
in the past several times. I have had several discussions in the past
with members of the city council and the mayor about this issue. It's
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April 10, 2007
not a new issue. It's been around for some time.
CHAIRMAN COLETTA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Do we have to give ex parte?
MR. WEIGEL: No. No disclosures are necessary on this item.
MR. MUDD: It's an ordinance.
CHAIRMAN COLETTA: I didn't see anything about ex parte.
Thanks for asking the question though. Did you have some questions
about this or comments? You're one of the joint -- people that pulled
it?
COMMISSIONER HALAS: No, I was.
CHAIRMAN COLETTA: Oh, you were. Forgive me.
Commissioner Halas?
COMMISSIONER HALAS: Yes. I have some real concerns
about big government getting involved in small government. I believe
that the city government is elected by the residents of the city and it's
government for the people.
And I feel that we ourselves understand what happens when a
larger government body dictates to us what should be taken care of. I
believe that the citizens of Naples, they have an elected form of
government, and I believe that we should acknowledge that and let the
government of the City of Naples work out their problems with the
people around it.
The bay is open to everyone, I believe their only concern is to
make sure of having health -- or the welfare of health, limb and
property in regards to making sure that the citizens, no matter whether
they're county residents that are going to use this bay or whether it's
city residents.
I don't think there's any problem of anybody in the county using
it. I think the city's concern is the health, safety and welfare of the
people that live around it. And let's face it, the bay is encompassed by
everyone -- by the City of Naples, and I feel that we should leave that
jurisdiction to them.
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April 10, 2007
CHAIRMAN COLETTA: Okay. I'm going to take a turn at this,
too. That's one viewpoint, and it's very unique. But I kind of feel that
this is a natural resource that's available to all.
The reason for the study is to see what's available other than that
portion of Keewaydin Island that's under the city's jurisdiction. If I
understand correctly, it's to give us the ability to be able to go out
there and study this. This is in direct response to the mayor and the
city council and their concerns.
COMMISSIONER HALAS: This is the speed.
CHAIRMAN COLETTA: I'm sorry. I'm one item ahead of you.
Okay.
On that particular one, on the speed zones, I still think that we're
talking about a resource that's suddenly limited to what's going to
happen. It's going to put more of a demand on the county's resources,
boat launches and everything else, just because of the shore time it
will take for people to be able to gain access to the open water by
using the facility.
So it definitely has an impact on all of Collier County, and it's
not just the residents of that particular area. I mean, if Naples decided
-- I know they wouldn't do it -- to ever close the beaches, there would
be serious issues as far as, you know, the rest of Collier County went
because it's a resource that we recognize past the boundaries of just
one community.
So I do think that we playa part in it. It's -- it's regrettable that we
haven't got the opportunity to negotiate this to the point of agreement.
Maybe we'll still get there. That's my own personal draw on it.
Commissioner Henning?
COMMISSIONER HENNING: Ifwe were to suggest what
Commissioner Halas, his recommendations, which is quite noble and
the parable that he brought, we would stop objecting to annexation
into the City of Naples because citizens want to do that.
We also would not object or have any input about this new issue
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April 10, 2007
about annexing Keewaydin Island, which I remind you that there's an
intercoastal waterway that runs from Gordon's Pass all the way down
to Marco Island, that if we don't do something, slow speed can be
from -- all the way up Coconut Creek down to Marco Island.
This issue about the ordinance is not about the City of Naples. It
is about sending that ordinance to the Fish and Wildlife Commission
who it's their job to find the facts whether a speed limit is warranted in
a certain area; otherwise, all of the waters would be slow in the whole
State of Florida if we allow it. And it's about -- for the people to
reasonably enjoy our natural resources throughout Collier County.
As you read in today's paper, now the city council is concerned
about, we're advertising our tourism and how we are doing that. It's
their right to have concerns and it's our right to have concerns about
the people enjoying natural resources.
CHAIRMAN COLETTA: Commissioner Coyle, I believe, was
next, and Commissioner Fiala, I see you're pushing your button and
it's not going on. Now it went on.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah, if most of -- if you will
remember, we did, in fact, have the opportunity to sit down with the
city and talk about this issue in a meeting a long time ago, last year, so
it would be inaccurate to say that the city has not provided us an
opportunity to be heard on the issue. The point is, we have not agreed
about what needs to be done.
Now, I think we have to take a look at some facts. The Naples
Bay is, indeed, mostly in the city but our communities in Collier
County, like Windstar and Haldeman Creek, depend very much upon
access to Naples Bay and the use of Naples Bay along with all of the
other accesses that county residents have.
I would hope also that when the time comes for us to consider
participation by the city in decisions concerning Clam Bay that we
will not take the position that the city has taken, that Naples Bay -- the
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April 10, 2007
county has nothing to say about Naples Bay. I hope we will say that
this Clam Bay is a resource which affects both government agencies
and residents thereof and we would welcome their input and
participation.
It is the county that has requested millions of dollars in funding
from the federal government for dredging in Naples Bay. We have
requested millions of dollars for funding for dredging of Gordon Pass.
It is the county which has spent millions, tens of millions, of
dollars on a water quality park that will do more for the water quality
in Naples Bay than any other project currently underway, with the
exception of the diversion of freshwater flows from Golden Gate
Canal which we as the county are heavily involved in.
So the county has done and is doing lots of things to assist in the
improvement of water quality in Naples Bay. What bothers me is the
argument that the county has nothing to do with Naples Bay after we
have made all of these efforts to try to improve the water quality and
other factors with respect to Naples Bay.
Enforcement is, in my estimation, the primary issue. And I wish
we could find a way to compromise and agree on some slow speed
areas that are truly safety issues, and for the rest of the area, let's just
have enforcements, tighter enforcement, concerning potential damage
or danger from wakes.
I have heard very valid comments concerning the facts that
because of the big boats and the speeds and the huge wakes that small
boat users are being intimidated from even getting out on the bay. So
there are people who, perhaps, are not using the bay for that reason,
and that would include both county and city residents.
So bottom line is, I agree this is a joint resource that needs to be
managed responsibly, that the respective governments have to find a
way to work together on these things, and we can't take the position
that it's none of our business, and I wish we could find a way to
compromise and get this problem solved.
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April 10, 2007
I am reluctant to spend any more money filing an appeal, but the
county attorney has informed me that filing the appeal will cost $300
and a very limited amount of legal work following that.
But I just think this is an opportunity for us to both -- both
agencies to try to find some common ground so that we can solve this
problem and recognize each other's contributions to the overall
welfare of Naples Bay.
So I am more concerned with us working together and finding a
way to solve the problems than I am about going to court and arguing
about whether somebody has the right to implement a speed limit sign.
CHAIRMAN COLETTA: Okay. Commissioner Fiala, then
Commissioner Henning, then Commissioner Halas.
COMMISSIONER FIALA: You know, I agree totally that we
need a compromise, and that's what I've been feeling all along, except
I couldn't figure out what the compromise was. And you know, Bill --
Mayor --
MAYOR BARNETT: Bill works.
COMMISSIONER FIALA: You came up with an idea a while
back that was good for the bay, that was good for the residents, that
was good for the boaters, and there were just certain times that there
was limits, but not a full-blown 100 percent of the time. I thought it
was an outstanding idea.
For some reason it didn't go any further, but to me that would
have been an outstanding compromise for everyone. I think the
boaters would have won, and I think the city would have, and I think
we would be fine with it, too.
And would you like to get up and tell us that thought?
COMMISSIONER HENNING: In three minutes.
MA YOR BARNETT: I can do it in less.
May I use my speaking time as well for what we're talking about,
if that would work?
Thank you, and welcome, Commissioners, good afternoon. I'm
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April 10, 2007
Bill Barnett, Mayor of the City of Naples.
Some very good arguments, or I should say debate. Is this about
-- it seems to me that this ordinance or proposed ordinance mirroring
our original ordinance before Fish and Wildlife ruled that Naples
could put slower boat speed signs up, is about jurisdiction, and that's
what was my real question to you.
I can certainly, you know, understand what's been said, but I
think it's more of a jurisdiction of who does have the right or the
power to make decisions in Naples Bay. I passed out to you, and I'll
give a copy to the clerk, from the April Bar Journal, volume 81,
number four, April, 2007. And very briefly, it has to do with
conflicting ordinances, and it says, non-chartered county ordinances
conflict with municipal ordinance. There are times when county
ordinances and municipal ordinances conflict.
In a non-chartered county, the municipal ordinance prevails over
the county ordinance within the municipality to the extent of a
conflict, Florida Constitution.
I don't understand what the question is or why you -- why you
would even think about trying to do this other than jurisdiction.
With that being said, to answer your question, Commissioner
Fiala -- and thank you -- the problem is is that -- and Fred Coyle, you
knew we talked about a compromise or working together. I could ask,
well, where was the input? And I'm not being a smart-aleck about it.
But when we were having this debate how many -- what was it, a year
ago or two years ago about setting the slow speed zones in Naples
Bay, whether you were for it or against it, the county really didn't
weigh in on that, and so then it was passed that the majority of the
council wanted those slower speed zones, and Fish and Wildlife, as
you all know, recently overturned the administrative law Judge Ruffs
(phonetic) decision saying that they weren't warranted.
So are we going to go back to the Fish and Wildlife in saying,
well, now we want to just see if we have equal jurisdiction to be able
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April 10, 2007
to dictate what happens in Naples Bay? And I guess that's the
question.
My compromise was, over the weekend, from Friday at, say, six
p.m. through Sunday at six p.m., you can make the whole bay slow
speed, no wake, but it was not needed during the week so that the
commercial fishermen, people going out with charters and everything
-- but council did not support it. I think it failed 4-3 because the
majority of council wanted the slower speeds.
So really that's all I have to say. I hope you don't go forward
trying to mirror this -- our ordinance -- the prior ordinance, let's put it
that way, because I think that Fish and Wildlife -- that's my three
minutes? Oh, my gosh. I think that Fish and Wildlife's going to come
back with the same decision. But I just respectfully ask you not to --
not to do this. Thank you.
COMMISSIONER HENNING: Mr. Chairman?
CHAIRMAN COLETTA: Commissioner Henning, then
Commissioner Halas.
COMMISSIONER HENNING: Yeah. Again, the ordinance is
about getting the Fish and Wildlife to make a decision on this because
they said, we don't know if -- we can't validate the ordinance. Is that
right, Mr. Klatzkow?
MR. KLA TZKOW: That is correct.
COMMISSIONER HENNING: And we did sit down with the
city council on this issue long ago, correct?
MR. KLA TZKOW: I appeared at the city council during the
discussions and related this commission's viewpoint.
COMMISSIONER HENNING: When they made that decision
on the ordinance?
MR. KLATZKOW: Yes, sir.
COMMISSIONER HENNING: Okay. You know, it's -- I hope
we can do what Commissioner Coyle is talking about because that--
that would be best for all.
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April 10, 2007
I'm going to make a motion to approve the agenda item based
upon Commissioner Coyle's comments that we do have -- always have
an opportunity to revisit this in the process. That's my motion.
CHAIRMAN COLETTA: I'll second it, Commissioner Henning.
With that, let's go to Commissioner Halas then Commissioner Coyle.
COMMISSIONER HALAS: Yeah, I just want to say that I still
believe that the city tried to work this out with the people that were
involved in this, and there didn't seem to be any compromise, and so,
therefore, the city council took it upon themselves to vote this.
And, again, I feel strongly that the city council is elected by the
citizens of Naples. The people of Naples obviously spoke out what
they -- what they expected of their elected officials and, therefore, I
feel that since the whole bay is pretty much encompassed with City of
Naples, the majority of it -- and also that, I think there's some
misunderstanding that we're going to be -- we, the people of Collier
County, are going to have limited access to this bay.
No. I believe that we need to make sure that all people, whether
they're in a 60-foot yacht or whether they're in a 40-foot dinghy can
go out in the bay and experience anything out on the water, whether
they're -- and not have to endanger life, limb and property, and that's
my concern.
We don't have any stipulations here in this state in regards to
anybody having to take mandatory classes to understand the rules of
the road, and I think a lot of people take it upon themselves that
they're going to make their own rules to the road, and I believe that's
harmful to the citizens here and -- whether you're a city resident or
whether you're a county resident and you want to go out to the bay.
So hopefully maybe the city council can work with the charter
people and maybe they can come up with something whereby on the
weekends when the bay is mostly used by people who aren't working,
that we can have some speed limits that are imposed on the bay, and
then during the week when you've got less traffic, then the speed limit
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April 10, 2007
can be opened up.
But, again, I stand on the same ground that I stood for and I will
not vote for this resolution.
CHAIRMAN COLETTA: Okay. We're going to go to
Commissioner Coyle, then I'm going to take a moment, and we also
have three speakers.
COMMISSIONER COYLE: I think Mayor Barnett has raised a
good point with respect to, what is this disagreement all about? I have
absolutely no interest in proceeding in a legal action which seeks to
impose our will on the city's jurisdiction. That makes no sense to me.
On the other hand, it's my understanding that the county attorney
is actually looking at it from a different perspective, and that is that
the Fish and Wildlife Service itself has an obligation to review
petitions from governmental entities to see if they meet the
requirements of law.
Now, when we first had a chance to meet with the city on this
issue -- and it's been a long time. I guess a year or so ago -- there were
two members of the council who were arguing that this -- these speed
limits were necessary in order to improve the water quality of Naples
Bay. And I believe it was Commissioner Henning who pointed out
that those were not legal reasons for implementing a speed limit.
Now, those two individuals have now decided that it's necessary
because of safety issues, although the safety figures don't really make
a case.
But nevertheless, I think the city has the right to put in the speed
limits, but I also think that the Fish and Wildlife Service has the
obligation to determine whether or not the requirements of law have
been established to do it.
So I would -- I would prefer to proceed with the intent that we're
not trying to overturn the city's jurisdiction on this. We're not
challenging their right for jurisdiction. What we're challenging is the
Fish and Wildlife Services' actions and their failure to determine
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April 10, 2007
whether the safety data that was presented is in accordance with the
law and justifies the speed limits.
And I'll say the same thing here that I said to the -- at the Port
Royal Homeowners Association -- a month ago was it, I guess -- if we
tried to manage the traffic on our highways the same way we're trying
to manage the traffic in Naples Bay, we would close down every road
in Collier County, because there are far more accidents on our
roadways than there are in Naples Bay by a long, long shot.
In fact, if I remember the data correctly, out of 46,000 trips up
and down the bay, there has been one accident. Amazing safety
record. Doesn't mean that there won't be more. But the question is,
did the Fish and Wildlife Service do their job in reviewing the
application?
I f they did not, then what we're doing is setting the precedent for
the Fish and Wildlife Service to do the same thing in every
jurisdiction throughout the state, and I think that's a dangerous
situation. I do not want to fight the city. They're my biggest
constituent. And I don't want to see us get into a fight. I want us to
work together.
And so I just hope that when we cast our legal challenge, it is a
legal challenge against the Fish and Wildlife Services' decision and
not a legal challenge relating to the city's right for jurisdiction.
Is there a problem with that from the standpoint of the legal staff?
MR. KLA TZKOW: None at all. In fact, this is -- this really has
nothing to do with the City of Naples. It has everything to do with the
Fish and Wildlife Commission.
COMMISSIONER COYLE: Okay.
COMMISSIONER FIALA: May I ask then, is that what your
motion stated?
COMMISSIONER HENNING: That's what the -- this action
item is all about.
COMMISSIONER FIALA: Right.
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April 10, 2007
CHAIRMAN COLETTA: Okay.
COMMISSIONER FIALA: So just to make sure that I
understand, your motion and your second is actually saying the same
thing as what Commissioner Coy Ie just said; is that correct?
CHAIRMAN COLETTA: As far as -- I think it covers it in
probably a little more detail, what Commissioner Coyle said.
COMMISSIONER COYLE: I think the end result is the same.
COMMISSIONER HENNING: It is. It's all about, Fish and
Wildlife said that they can't verify the validity of an ordinance so it
has an effect all over the State of Florida. More -- and particularly if
you look on the majority of the coastline, it is covered by
municipalities, and if they want to restrict or deter people from using
those waterways, they can just do it with an ordinance, and I don't
think that's the good of the community to do so.
So it's serving the residents that we make sure that the state is
doing their job, and this is what this ordinance is all about, is seeing
that the state does their job.
COMMISSIONER COYLE: And one final comment. Ifwe are
going to argue that we -- that this is a joint asset, we have a
responsibility to help the city with enforcement, because I think if we
were enforcing issues on Naples Bay, we wouldn't be in this fight right
now.
MR. KLA TZKOW: We do enforce the speed limits on Naples
Bay.
COMMISSIONER COYLE: I know -- well, we do, but what
level of service do we actually provide out there? How frequently do
we actually have people in the water ticketing people holding them
responsible for the potential damage of their wake and things of that
nature? I don't know.
I go out in the bay once in a while, but -- and I haven't seen a lot
of people, a lot of enforcement agencies out there. But it seems to me
that maybe we could get together and talk with the city about how we
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April 10, 2007
can participate with enforcement, not only of that, but with the
enforcement of what goes on in the southern end of Keewaydin Island.
You know, it is just crazy to start talking about creating another access
point on Keewaydin Island when we can't even control the one that is
in existence there.
But nevertheless, that's another issue.
CHAIRMAN COLETTA: With that, we have three speakers.
MS. FILSON: First speaker is Frank Donohue. He'll be followed
by Phil Osborne.
MR. DONOHUE: I'd like to pass to Philip Osborne at this time.
MS. FILSON: So you don't want to speak, sir?
MR. OSBORNE: We're just going to say the same thing.
MS. FILSON: Okay. Mr. Osborne will be followed by Harold
Grisham.
MR. OSBORNE: Good day, Commissioners. Thank you for
giving us the opportunity to come before you. I just want to thank you
on behalf of the Marine Industries Association -- oh, Phil Osborne, for
the record, Marine Industries Association of Collier County.
I want to thank for your support and your logic on this issue. The
Marine Industries Association has repeatedly asked for an opportunity
and has had opportunities to sit down and discuss what is fair when
negotiating Naples Bay away, and it has been unanimously rejected.
We have offered compromises. We have talked about specific
areas of the bay that potentially will need to be slowed down at some
point in time. For instance, the area outside of Hamilton Harbor.
The Marine Industries Association agrees that's going to be an
area that is going to need some speed reduction and enforcement. But
every step of the way this organization has been unanimously rejected
by members of the city council.
And so, you know, Commissioner Halas's comments about big
government, I think big government has a responsibility to ensure that
the rights of all of the citizens are reasonably being tested. And if
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April 10, 2007
small government is not protecting the interests of the greater number
of people, then big government has a responsibility to come in and
make things right.
The concern of Keewaydin Island is a major concern for the
Marine Industries Association, as the city is petitioning to have control
over Keewaydin Island. If this no-wake zone takes place all up and
down the bay, it's only logical that the city is going to continue to ask
for -- we'll have slow speeds to the southern tip of Keewaydin. It will
be from here to Marco. There'll be no boating. We just can't let that
happen.
There is -- there is no question that this issue before us today is
about forcing the FWC to do their job. That's what the administrative
law judge concluded in his ruling and their assertion, that they don't
have that responsibility because they don't have the time, they don't
have the resources, is just not logical. It's just not logical, and that's
what this appeal will force.
I agree that this shouldn't be a jurisdictional issue over Naples
Bay, okay, but logic has to prevail. And so taking this appeal, moving
this forward, is going to force the FWC to do their job and to review
the facts.
And for that, I thank you for your support.
CHAIRMAN COLETTA: Don't go yet, sir. Commissioner Halas
has a question.
COMMISSIONER HALAS: Yeah. You made a statement that
there'll be no boating. I don't understand why you don't -- why there
won't be any boating if there's speed limits. We don't need
hot-dogging on the bay and on the water. I think that people can still
go out and enjoy a day of boating whether you're putting along at
three miles an hour or you're going at seven miles an hour. So I don't
understand your statement when you said there would be no boating.
MR. OSBORNE: Let me clarify it for you. Do you boat,
Commission Halas?
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April 10, 2007
COMMISSIONER HALAS: Yes, I do.
MR. OSBORNE: Okay. So you know what it is to get a boat on
plane?
COMMISSIONER HALAS: Yeah, but I don't need to -- I don't
need to -- where I live, we don't -- we have no-wake zones through the
whole area, and nobody complains. They get out to -- out into the
Gulf at a reasonable time, but everybody can still go out and enjoy
their boat. And then when you get out in the Gulf, you can go
whatever speed you want to go.
MR. OSBORNE: Uh-huh. There are a lot of people that do not
want to boat in the Gulf. Do not have any interest in boating in the
Gulf.
COMMISSIONER HALAS: Why do you want to be like a
bunch of cowboys and act like hot rodders?
MR. OSBORNE: Who said anything about cowboys and hot
rodding? You're not being logical, Commissioner. Listen to yourself.
Play the tape back.
CHAIRMAN COLETTA: I'm going to ask you not -- wait, don't
go away yet. I've got some questions.
The reason that they're looking to lower the speeds, I've heard
mentioned, was water quality. How does lowering the speeds affect
water quality?
MR. OSBORNE: It doesn't.
CHAIRMAN COLETTA: How about the safety issue? Is the
safety issue a real issue or what?
MR. OSBORNE: The facts --
CHAIRMAN COLETTA: Are we in great danger with the
people that are out there now with the way they're using the boats?
MR. OSBORNE: I think the facts that were put together just
don't support that. Commissioner Coyle was -- is correct, you can't
dispute -- the accident records are there for review. We've brought
them to this board in preceding years for your own review of when the
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April 10, 2007
Marine Industries Association first came and asked for the
participation of Collier County government in this issue. We brought
those facts here for your perusal, and it was unanimously agreed to at
that time that the number of accidents just didn't support the action.
CHAIRMAN COLETTA: Now, if this speed limit is put into
effect, how will it affect the amount of people that actually use Naples
Bay to be able to -- the recreational people that bring their boats on
trailers and launch them? Why will they not want to go there?
MR. OSBORNE: Simply put, in the middle of July or August
when it's 100 degrees out and it takes an hour or longer to putt your
boat until you can actually get it up on plane or go enjoy the fishing
grounds or go skiing, which you can't putt-putt skiing, okay. That's
who's going to be affected. The number of people, I can't tell you, but
clearly it would be a lot.
CHAIRMAN COLETTA: And where will these people end up
going?
MR. OSBORNE: They'll probably end up going somewhere
else.
CHAIRMAN COLETTA: And that would be to the other boat
launching facilities that are already at capacity?
MR. OSBORNE: Absolutely.
CHAIRMAN COLETTA: Okay.
MR. OSBORNE: If you go to any of those facilities, Chairman
Coletta, you know that they're all overflowing. Their vehicles are
parking out in the streets with their trailers behind them. You know,
they're not going to use that boat launch, that city ramp.
CHAIRMAN COLETTA: And it's for this very reason that I'm
going to vote for this. If it was the people in the City of Naples that
wanted access someplace else in the county, I'd be fighting for that,
too.
MR. OSBORNE: Absolutely.
CHAIRMAN COLETTA: And I am not going to do something
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April 10, 2007
without good reason as far as limiting access. It's not right.
MR. OSBORNE: Thank you.
CHAIRMAN COLETTA: Okay. With that, our next speaker.
MS. FILSON: The next speaker is Harold Grisham.
MR. GRISHAM: Thank you. My name's Harold Grisham, and
I'm representing myself. I'm just here as a boater, and maybe I can
shed a little bit of fact.
I have -- fortunate enough that I have my boat in the Windstar
Marina, right in front of my condo, so it's easy for me to get out into
the bay. I'm also fortunate that Phil sold me a Grady-White. It's 30
feet long, so it's a pretty good-sized boat.
But I go out on my boat about three or four times a week, and I'm
down here pretty much seasonal for about six or seven months.
And let me give you my observations of what you've got out
there. You've got some very big boats, not very many, very big boats
that put up about a two- or three-foot wake when they come down the
bay. And I happen to have a boat that's pretty seaworthy, and if! get
my bow right into the middle of that wake, I can pretty much take it.
I watch the people that are coming on the loading ramps over at
Hamilton Harbor. There are small boats because they come by trailer,
and this is a safety issue for them. They've got to take these wakes
straight on. You can actually have a bigger wake in front of Windstar
Marina than in the Gulf of Mexico.
So what I see is we have a few people with very big boats, very
large boats is what is causing the problem, while the majority of the
people have small boats. And whether it is -- I don't know whose
jurisdiction it is, but I'd -- like I say, I boat out there a lot, and Naples
Bay, while it looks big -- and in front of Winds tar Marina it looks
pretty wide. Well, out in the front of the park right there, it's about
two and a half feet deep, so it's not very wide. You've got to get out
into this channel.
And it's the really -- like I say, the really big boats which are a
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April 10, 2007
small percent of the boating public that are creating this problem for
all the people with the small boats.
And I happen to have a boat that's in between. It's 30-foot long.
It's a big Grady- White, and I'm in pretty good shape. But if! see these
guys that trailer their boats in and try to go out for the day -- and I'm
sure the reason they all want to go out to the park out there on the
corner is because you can get out of Naples Bay the quickest and get
through the cut and get to where you want to go.
The other thing -- and Hamilton Harbor, when it's built, I suspect
will have a number of even -- of small boats because it's really just the
big boats. And in fact, it's a couple of the commercial fishing guys
that are the guys that go out that throw the biggest wake. I know
when they're coming. And there are some very big boats, and I'm
telling you, they'll throw a wake that's this high and they go at just the
speed, I swear, that they can throw the biggest wake they can possibly
throw.
So I think what you need to look at is, how do you control these
big boats and their big wakes at the expense of all the other boating
public, and probably the only way you do is make them idle out. And
Naples Bay in some parts is not very wide.
And I would also -- last thing I would say is, I think the
enforcement of the existing zones is very high. I think they do a good
job. They're out there all the time and they've usually got somebody
pulled over. In fact, when we were first down -- moved down here,
they got my wife on the first day.
But I do think the enforcement, I think they're doing a good job.
I think you really need to look at some of those areas in Naples Bay
where it's a little tight, and you're going to have to lower the speed
limit to keep these big boats from throwing these big wakes and
swamping them. So we probably have 5 percent of the boating public
creating problems for 95 percent of the boating public. Thank you.
CHAIRMAN COLETTA: I'm going to allow Mayor Barnett to
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April 1 0,2007
come back to the podium because we did ask him to come up before
he was ready.
MAYOR BARNETT: Thank you, and I'll be very brief. Just a
point of clarification because I -- and respectfully, for Phil and Frank
and the marine association.
Look, if this commission votes 3-2, or whatever the majority is
on any resolution or any ordinance, it's done. I keep hearing
compromise, compromise, compromise, compromise. There were
four members of city council that voted for slower speed zones in
Naples Bay. It was adopted. It became an ordinance, then it was
challenged, as you well know. I'm not going through the rest of that.
So the compromise sounds wonderful, but if you don't have
enough of the willing party or the governing board that originally
passed that, as you well know, you're not talking about any
compromise. And that is the bottom line, and I just needed to do that
for clarification.
Thanks. Whatever you do, I know you'll do it in your best
judgment. Thank you.
CHAIRMAN COLETTA: We appreciate you being here today.
MA YOR BARNETT: Thank you.
CHAIRMAN COLETTA: Okay. With that, let's call the
question here.
All those in favor of the motion made by Commissioner Henning
and seconded by me, indicate by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Okay. And let the record show that
Commissioner Halas was the dissenting vote. Thank you.
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April 10, 2007
Yes?
MR. KLA TZKOW: And just for the record, at a prior meeting
we were directed to come back to you with the application when it's
completed so that before we finally get it done at Florida Fish and
Wildlife with the application, we will be back. I'm figuring that might
be five or six months.
CHAIRMAN COLETTA: Any comments? Okay. Thank you
very much.
COMMISSIONER COYLE: Why?
CHAIRMAN COLETTA: Go ahead.
COMMISSIONER COYLE: Why five or six months?
CHAIRMAN COLETTA: Question: Why five or six months?
MR. KLATZKOW: The FWC moves slowly.
COMMISSIONER COYLE: Oh, it's their time, not our time.
MR. KLA TZKOW: No, it's their time, yes. I'm just basing it on
what the city's experience with the FWC was. It was about a half a
year for them. And I looked over their file. Their staff did excellent
work and it took half a year.
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: Yeah. I think that we need to
correct what was said is, you're saying, if the FWC grants us a permit
that you're going to bring it back to us?
MR. KLA TZKOW: Prior direction of the board was -- prior
direction of this board was, for the staff to, just before we had it
finalized, before we actually started putting the signs up and
everything else --
COMMISSIONER HENNING: Oh, yes.
MR. KLA TZKOW: -- to come back to the board.
COMMISSIONER HENNING: Oh, yes. And that's the point is
MR. KLA TZKOW: There will be piers that we have to put in
and everything else.
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April 10,2007
COMMISSIONER HENNING: Yeah. We don't want to expend
any money on that hardware type thing without it coming back to us.
CHAIRMAN COLETTA: I'm sure when it comes to that point,
we'll probably have some people willing to talk to us and come up to
that compromise everyone's talking about. Who knows.
In any case, ifthere's nothing else on this issue, let's move on to
the next item, Mr. Mudd.
Item #100
BUDGET AMENDMENT MOVING $25,000 FROM FUND 183
RESERVES TO ESTABLISH FUNDING FOR A SITE
SELECTION STUDY TO IDENTIFY PRIMARY AND
AL TERNA TE LOCATIONS FOR A PROPOSED KEEW AYDIN
ISLAND FERRY SHUTTLE AND PARK FACILITY. IT IS
RECOMMENDED THAT THIS CONTRACT BE PERFORMED
BY JOHNSON ENGINEERING FOR TIME AND MATERIAL
COSTS NOT TO EXCEED $25,000 - DENIED
MR. MUDD: Commissioner, that brings us to the one item that
we didn't get to under the county manager's report. Again, I'll remind
the board that 9H has got a six p.m. time certain, and that's the phone
conference with our Collier County legislative delegation.
The item that we didn't cover under] 0 was a pull. Used to be
]60]; it's now ]00. And it states, recommend approval ofa budget
amendment moving $25,000 from fund 183 reserves to establish
funding for a site selection study to identify primary and alternate
locations for a proposed Keewaydin Island ferry shuttle and park
facility .
It is recommended that this contract be performed by Johnson
Engineering for time and material costs not to exceed $25,000. The
item was asked to be moved by Commissioner Fiala and
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April 10, 2007
Commissioner Halas.
CHAIRMAN COLETTA: Why don't we go right to
Commissioner Fiala and see if we can address what the question is.
COMMISSIONER FIALA: Thank you.
CHA]RMAN COLETTA: Thank you, ma'am.
COMMISSIONER FIALA: Nice, short, sweet and simple. I
think it's a great idea. I think we do need a study.
I just wanted to make a comment on the record that I wanted to
go take a look at the property myself and see what the county was
looking at. And Mike Bauer from the city was kind enough to give
me a boat ride over there, showed me what it was like at -- not on low
tide, but nearing lower tide and how shallow it was in the areas that
we had looked at. Not selected, but we were looking at.
And then he showed me another place, took only three more
minutes, and we went back to where we started and then we went
another way, a clear shot, three minutes longer but it was open waters
and a lot of clear freshwater, and into another place that's also owned
by the county. And I thought oh, gosh, this would be wonderful if we
made a study like this. And so I was going to ask, as long as we're
doing this study, if somebody could go out with Mike Bauer and get
the same tour I had.
MR. McALPIN: Thank you, Commissioner. For the record,
Gary McAlpin, coastal zone management.
We're going to look at three locations, and the primary location
where Mike Bauer took you is one of them, and then we're going to
look at two alternate locations, and the second one where Mike took
you was another one, and then there's one other location that's
probably in the middle of those, Commissioner.
We're going to come back to you with technical information in
terms of the depth of the channel at high and low tide, the
environmental assessment in terms of what vegetation's there, what do
we need to do in terms of protecting that, what would a structure look
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April 10, 2007
like, and just kind of pull the whole package together on those three
sites so that you could come back and make some -- we could present
to the commission and the community some information for informed
decisions. That will take about two months.
COMMISSIONER FIALA: Would you -- would there be a
possibility then before you bring it back to us to maybe -- for anybody
who would like to, take a ride out to see the places that you've looked
at and maybe the one you've selected just so that, as you say, an
informed vote? I'd like to see for myself what we're looking at, and I
would guess --
CHAIRMAN COLETTA: I would like that.
COMMISSIONER FIALA: Okay, good.
MR. McALPIN: Absolutely. That could be part of it, and we
would be happy to do that, Commissioner Fiala.
COMMISSIONER FIALA: Thank you.
CHAIRMAN COLETTA: Thank you. That's a good point.
COMMISSIONER FIALA: That was it for me.
CHAIRMAN COLETTA: Did you want to make a motion?
COMMISSIONER FIALA: Yeah. Oh, well, Commissioner
Halas --
CHAIRMAN COLETTA: Oh, I'm sorry. We already have two
other commissioners on. We'll go to Commissioner Halas, then
Commissioner Coyle.
COMMISSIONER HALAS: Yes. I'm concerned. This is a
barrier island. If -- and maybe you can help me dig through some
thoughts here.
Ifwe decide to use this as a spot to encourage people to use and
recreate on this barrier island -- I think it's fragile -- how am I going to
work with my conscience when someone wants to come in with a
beach club?
It seems to me that there's a conflict here if I approve something
for beach access on a barrier island, which is -- it's very fragile. And I
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April 10, 2007
understand that people can go there by boat if they want. I have no
problem with that, but on a daily basis of shuttling people there and
trampling on the vegetation day in and day out? And how we're going
to take care of human waste and obviously paper wrappers and all this
other stuff.
And then we have somebody from the private sector wants to
come in and establish one beach club, then pretty soon somebody else
is going to want another beach club and so on.
I think that we need to look at this very seriously because of the
fact it's a very -- it's a barrier island and it's very fragile. And that's
where I stand on it.
So if you can help me wade through how I can say, well, it's okay
for one group of people to use this, but if there's another group of
people and it's private, to build something on it over whatever, I got
some problems with that.
MR. McALPIN: Commissioner, I can only comment on the
approach that the county would take in developing this site. We will
work closely with Rookery Bay and go by their good management
practices. They would be the ones who would participate in this study
and participate completely in how this site was managed. We would
let them manage the environmental resources, which is what they are
charged with, and let parks and rec. manage the parks and rec. facility,
if you would there, and it would be a cooperative effort.
So anything we would do would be a joint working with them,
and hopefully with the City of Naples, because we'd like to develop
this plan on all three communities moving forward. So that is our
approach.
How you deal with that moving forward with private entities we
have not addressed in terms of the scope of what we're trying to do.
We're looking to satisfy a strategic objective that you had asked us to
do, which was provide additional beach access to the residents of
Collier County. And in doing that, we also satisfy a strategic
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April 1 0,2007
objective of Rookery Bay, which was to use this underutilized
resource more complete manner, always looking at good management
practices as we do it.
So that's what we're trying to do is collect the information to
come back to you so that you can make some informed decisions.
COMMISSIONER HALAS: Thank you.
CHAIRMAN COLETTA: Commissioner Coyle, then I'm going
to take a turn.
COMMISSIONER COYLE: I really think you need to get the
first question answered, and Commissioner Halas is absolutely right.
How do you grant yourself privileges that you're not willing to grant
to other people? And that question has to be answered first, otherwise
you're going to start spending money incrementally, more and more,
in doing studies and evaluating sites, and that could very well turn out
to be wasted money.
One other bit of caution, Rookery Bay does not have the ability
or the budget to set up an effective management system for public
access to Keewaydin Island. If that were the case, somebody would
have done something about the southern end of the island a long time
ago.
If we in Collier County and the state cannot enforce and maintain
the southern tip of Keewaydin Island, how in the world do we expect
to do that for any other site on Keewaydin Island? And until we
demonstrate that we're capable -- that is, the state is capable, not us, it
is the state's land, right?
MR. McALPIN: It is the state's property, yes, sir.
COMMISSIONER COYLE: Okay. Now, we're talking about
conducting studies of sites to access state property. What has the State
of Florida said about using that? What have they done to step up to
the plate to make sure it's managed and policed and kept clean and
protected? Have they even been consulted? And I don't consider
Rookery Bay to be representative of the state park system.
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April 10, 2007
MR. McALPIN: Okay.
COMMISSIONER COYLE: And that's my concern. We're
going to have to sort through these issues, I think, before we start
spending a lot of money evaluating alternatives. I'd hate to get to the
end of this evaluation process and find that we've spent several
hundreds of thousands of dollars of taxpayer money and then find that
there are not enough commissioners here to approve it.
MR. McALPIN: Thank you.
CHAIRMAN COLETTA: If! may, I've got some questions, and
I've got a little bit different spin. At this present time, what kind of
enforcement actions are being taken on Keeywadin Island to preserve
the environment?
MR. McALPIN: As I understand it, there is no enforcement or --
CHAIRMAN COLETTA: The reason for that is because?
There's no reason to. I mean, it's just a bunch of freelance people
showing up in boats. That very economically privileged group of
people that have a boat that can access the island, they do so without
any kind of restrictions, without any kind of oversight. They got total
call of what they want to do and where they want to go; is that
correct?
MR. McALPIN: That's correct.
CHAIRMAN COLETTA: Okay. So what you're proposing --
let me make sure I understand this -- is that we have limited amount of
entry; we have the thing policed by different rangers, by parks and
rec.; we have this thing monitored on a daily basis with the waste
materials removed. Of course, there'd be something put in place to be
able to handle the human waste issues. I imagine there will be a
couple of outhouses that will be pumped out on a regular basis. And
so we'd have controls in place to be able to offer this to the public; is
that correct?
MR. McALPIN: That is correct. What we were looking at -- and
recognize, Commissioner, that we have not developed a management
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April 10, 2007
plan yet for this, and that's far off.
CHAIRMAN COLETTA: I understand that.
MR. McALPIN: At this point in time we were looking at the site
where this would be. It would be a combination beach experience,
and depending upon the location and environmental experience, which
would be controlled by a ranger. We would also then have a ranger
that would work on the south end of the island that would help police
that and have some jurisdiction, and those would be county
employees, parks and rec. ranger employees, if you will.
CHAIRMAN COLETTA: Why can't we just put them out there,
just the regular public that uses it? Oh, because you wouldn't have
enough people to make it justified and there'd be no controls. I
understand that.
But I'm starting to lose the -- what the exact reason is why we're
opposed to this. The reason we're doing the study now is so that we
can try to give Naples a little more comfort by the fact that we're
looking at alternate sites outside of that particular line of the city's
limits of what they have; is that correct? Is that the reason --
MR. McALPIN: Commissioner, we wanted to make this
inclusive. We wanted to work with the community, City of Naples,
Rookery Bay, and develop a solution that works for everybody.
So, you know, we had identified the primary site, and when
Naples came back and said they would not support that, well, we still
believe that providing beach access and an environmental experience
to the residents of Collier County is a good thing.
So there's other locations that we can do that at. We need to get
some technical information. And what we originally envisioned may
not look at all like what we bring back to you, but we'll bring back the
information and say, this is what we found, this is what we think.
So we're trying to collect some information at this point in time at
alternate sites with the thought being that it would be a beach
experience and somewhat of an environmental experience depending
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April 10, 2007
upon the location.
CHAIRMAN COLETTA: Right. And I fully endorse the idea
that you're promoting as long as we provide enough protection for the
environment, protection that will not happen unless we get this
particular venture put together, something that we can monitor at all
times, and if we see there's danger being done, we can either modify
our actions or discontinue at sometime in the future.
Now, there was other issues that were brought up. I'm not going
to go into them now. I'm going to give the other commissioners a
chance to speak.
Commissioner Coyle?
COMMISSIONER COYLE: Well, of course, none of that is
really true. This is not our island. It is not our responsibility to
protect the island. It is not our responsibility to put people on the
island. The island belongs to the state except for those few private
homeowners who are living there.
When the state decides they want to have people on their island,
they provide the funding. They provide the facility development.
They provide the policing.
We are going at this project as if this is ours. We're faced with
severe budget restrictions this year, and you're talking about adding
rangers to control Keewaydin Island, people to keep it clean, people to
enforce it, people to escort the visitors there and back. And don't tell
me Rookery Bay's going to do this, okay. They don't have the
resources either.
So when I see a joint arrangement between the county and the
state, and the state is going to pick up their responsibilities and the
costs for protecting their island and policing it and escorting people
there, then I'll be happy to take a look at it, but I'm not there.
You know, I think we're cutting a lot of corners here that's going
to lead us down a path that will guarantee that we don't get anything
done there.
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April 10, 2007
CHAIRMAN COLETTA: Marla, I see you standing up there.
You obviously have some comments that's revelent (sic) to this.
MS. RAMSEY: If I could. I'm Marla Ramsey, public services
administrator. And just, you have to understand where staff is coming
from. You, as county commissioners, directed us to provide access in
Keewaydin Island as one of our beach initiatives.
If you decide through this process that we have here today that
you no longer wish to do that, then that's the direction we would like
to have today. If you wish us to continue to provide access for --
public beach access to Keewaydin, then we would hope that you
would vote in favor of this.
But in either direction, we're looking for you to help to solve the
questions that we keep hearing. Do you wish us to continue to go
down this path or do you wish us to stop?
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: Do you have a motion on this?
CHAIRMAN COLETTA: No, we don't.
COMMISSIONER HENNING: You don't have a motion?
CHAIRMAN COLETTA: Did you want to make one?
COMMISSIONER HENNING: I'm going to make a motion to
approve. You know, the state is we, the people, the county
government is we, the people, and when do we have the say-so of the
people not to enter their property?
This is a perfect opportunity for the enjoyment of resources. You
know, we know that other governments, environmentalists don't want
people to enjoy their land. And I -- I'm -- I just can't believe that we
want to restrict or not try to provide a vehicle or access for the people
as a steward of the people's assets. Too much of government is
restricting people and, you know, something's got to end here. Geez.
Boy, the biggest mistake I ever made, the biggest vote I ever
made, was the Southern Golden Gate Estates agreement with those
people, not for we, the people. It's we, the people, for the people and
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April 10, 2007
by the people.
CHAIRMAN COLETTA: I couldn't agree with you more, and
I'll second your motion.
Okay. So we have a motion by Commissioner Henning, a second
by myself.
Any last round of comments?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor of the
motion to be able to do this study, to be able to bring the results back
and then make a determination where to go from there, indicate by
saymg aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Okay. We've got two for, which is
Commissioner Henning and myself, and three opposed.
COMMISSIONER HENNING: Well, we got an answer.
MS. RAMSEY: We got an answer.
CHAIRMAN COLETTA: We got an answer.
MR. McALPIN: Thank you.
CHAIRMAN COLETTA: Well, wait. Did that bring finality to
it? Okay.
Next item?
MR. MUDD: Commissioner, that brings us to public -- again,
you still have the 9H that's six p.m. time certain tonight.
Item #]]
PUBLIC COMMENTS ON GENERAL TOPICS
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April 10, 2007
That brings us to public comments on general topics.
MS. FILSON: I have no speakers, Mr. Chairman.
CHAIRMAN COLETTA: Oh.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. MUDD: Commissioner, that brings us to staff and
commission general.
CHAIRMAN COLETTA: I tell you what we're going to do, Mr.
Mudd, because I know we're going to get into quite a few different
items, and we're at the hour and a half mark for a break time. We're
going to take a very short break and come back, and then we can take
all the time we need for this.
MR. MUDD: Yes, sir.
CHAIRMAN COLETTA: Ten-minute break.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen, please take your seats.
Mr. Chairman, Commissioners, you have hot mike.
Commissioners, this brings us to staff and commissioner general
communication on your agenda.
CHAIRMAN COLETTA: Okay. Well, why don't we start off
with the county att -- oh, he's not here. Okay. Well, we'll start off with
your report, Mr. Mudd.
MR. MUDD: Okay. You asked earlier on three items, one of
which is what Mr. Summers is going to cover. You asked for Mr.
Summers to give a small briefing to talk about the fire hazards that's
out there right now in Collier County. And Mr. Summers?
MR. SUMMERS: Mr. Mudd, I need some help here with the
right control. Thank you.
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April 10, 2007
MR. MUDD: How's that?
MR. SUMMERS: Very good.
Commissioners, Mr. Chairman, good afternoon. Dan Summers,
director of Bureau of Emergency Services, emergency management.
And I understand, rightfully so, you wanted a little update today
on what's happening with our brush fire activity. I have just a few
foils I'd like to share with you and give you a little update and give
you an opportunity to comment.
Already ahead of myself.
COMMISSIONER COYLE: Has this been updated to take into
consideration the rain we're having right now?
MR. SUMMERS: Absolutely, sir. It is current and up to date.
Just to give you a little bit of history. Of course, our drought
index continues to remain high. We have had an influx of humidity a
little bit today, and I'll talk a little bit about that.
Lee County went through some very busy times here in the last
several days. Lee County KPDIX is index right now, well over 700.
Collier well over 600. Still to date we remain at least eight and a half
inches below typical normal rainfall this year and even stretching into
last year.
So we -- although we might have some moisture in the air,
generally our ground saturation at the surface level remains way
behind normal rainfall for Collier County.
So that map there with the purple showing some hot spots there
in Lee County and, of course, Collier County hot on the trail there
with the very high drought index.
Our current situation report is as follows: In March every year we
do a roundup with all of the players with wildfire, Red Cross,
Salvation Army, forestry, both operational resources and human
resources. We get everybody together every March and do a roundup
and we roster what resources and capabilities we have.
We have no significant deficiencies with wildfire operations this
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April 10, 2007
year; however, just as a point of note is that forestry is wrestling a
little bit right now. They have aircraft, but not -- they're a little shy on
pilots right now for helicopter operations, but they are meeting our
needs as they presently exist.
We do have literally daily communication with our mutual aid
resources. We have communication links with forestry. We receive
daily situation reports. We have formed an organized incident
management team between Lee and Collier County, that should either
county need mutual assistance, we've already identified key personnel
and resources for mutual aid response.
Now, with your help and Collier TV, we've done an excellent
job, in my opinion, with community outreach. Commissioner Coletta
also held a wildfire seminar in his area as well. We do run a wildfire
prevention television program that airs daily on Collier TV.
Collier County Emergency Management does seminars all year
round, and we have our All Hazards Guide that talks a little bit about
flood and tornado and hurricane, as well as wildfires.
We have the mechanism in place to set up ajoint information
center should we have a significant event, heaven forbid. But if we
had something along the lines that Lehigh had last year, we're
prepared to handle the media influx with that, and we have a media
management team identified so we can go to work very quickly to get
emergency public information out.
We have identified all of our special needs registrants that are in
fire-prone areas. Staff carries that database with them and portable
drives at all times. We also have that special needs population
database loaded in our mobile command bus. And should the threat
escalate, we'll share that information real-time with the fire
departments and law enforcement to address those populations that
may have some mobility challenges during the wildfire season.
We've got frequent communication with our federal partners.
You know, with all the federal lands that we have, we can maintain an
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April 10, 2007
excellent dialogue with those organizations as well.
Weare prepared to set up temporary emergency shelter on short
notice if we need to. Again, that's a decision that we make in
conjunction with American Red Cross. It may very well be that if
only one or two or three families are impacted, we may not put them
in a shelter environment. They'll try to make arrangements for a hotel
for one night or something like that.
And, of course, we don't want to interrupt daily school activities,
but we have other buildings and facilities identified should shelter be
necessary .
We have transportation assets queued and ready to go. We know
how to reach out and touch our Collier County district school buses,
our CAT buses, et cetera. So we have the ability to make that
transportation as we would any unusual resource or quest or any OC, I
think, is prepared to do that.
We have emergency press releases already filled out and ready to
go. We literally just have to change the date and the time. We can
send those electronically either by blast fax or by email, and the
NOAA weather radios, the term, Alert Radios that you may be
familiar with, we can get a message to Miami Weather Service and
issue what we call a civil emergency message.
So if we have a fast-breaking event or evacuation or
precautionary strategies are necessary for the public, we can make that
weather alert radio activate in just a matter of minutes.
Our mobile command vehicle, which stays in a readiness posture
daily, we can deploy that as needed. We also have a support
mechanism set up for the firefighters, again, to -- if they're in extreme
heat, to make sure that their basic first aid needs are addressed, their
fluid intake, what we call firefighter rehab. After strenuous hours on
fire line, we can rehab them. We have some field-deployable
resources for them.
All the emergency management folks are carrying their portable
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radio this week. And as we normally do, we get pages via our pagers,
but we also are monitoring conditions real-time.
Today we've had some improvement in the weather, and this
looks a little bit like an eye chart, and I apologize for the small print.
But the red flag warning was cancelled midday today because we have
seen some increase in relative humidity.
Last night's forecast gave us a 30 percent chance of rain for
today. That was actually bumped up at 11 o'clock today to 40 percent,
and through Thursday we even have 20 and 30 chance of scattered
showers. So a little bit of a break here. Not saying that it's fixed the
problem. But as the humidity increases and the wind dies down, it
does lessen our red flag danger just a little bit. So doing okay today.
Nothing too significant.
We have good communication with Lee County. We have good
communication with Florida DOT and highway patrol with interstate
conditions, should those continue to escalate or we have some flairups,
and the media has done a great job in giving those precautionary and
traffic detour information out.
So that's a very quick synopsis. I'll stop and see if you have any
questions at this time.
CHAIRMAN COLETTA: Questions on behalf of
commissioners? Commissioner Halas?
COMMISSIONER HALAS: Did we offer assistance or give
assistance to Lee County yesterday --
MR. SUMMERS: We had North Naples, Golden Gate, East
Naples, I believe, and Big Corkscrew all had resources staged at exit
I I I prepared to deploy to Lee. They were just about ready to roll and
Lee County got a handle on that particular fire yesterday. So we were
queued, ready to go. They knew we were ready, and without a
moment's hesitation, the fire districts, both dependent and
independent, are excellent about responding to that call. So they're
ready to go and, likewise, Lee County would be ready to assist us.
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April 10, 2007
CHAIRMAN COLETTA: Dan, I know you're reach-out has
been fairly thorough. I just wanted you to check and see -- now, I
know you've got it on the government channel as far as the video that's
on how to prevent wildfires or control them in your own area.
Is there a possibility that we might be able to get that on the
Internet in such a way that a person wouldn't have to wait for it to be
available, that they might be able to just click on it and bring it up, and
possibly some of those brochures that you have dealing with wildfires,
if we could get them into a document form that we could also put on
the Internet, that we could put it out to the public and it's available at
all times?
I think it would be one more way to be proactive. I'm still
worried about that ultimate day when we get that cold front coming
through and it's super dry and the wind's going 40 miles an hour and
the flames are more than we can control with the local resources. So
any kind of information we can keep out in front of the public, I think,
speaks well for the county government.
MR. SUMMERS: Thank you, sir. We'll go back and revisit the
streaming video options.
CHAIRMAN COLETTA: Anything else from my fellow
commissioners?
(No response.)
CHAIRMAN COLETTA: Thank you very much, Mr. Summers.
MR. SUMMERS: Thank you, Commissioners.
MR. MUDD: Commissioner, the next item -- hey, Dan, real
quick before you leave. There's things people can do to make it better
for us, i.e., don't throw lighted cigarettes outside your window of your
car, which we see every day, that happens, people smoking and
flicking their ashes out of your car, and then all of a sudden the final
fling and it's still lit and they're driving down the road.
You know, these fires out there don't happen just by
happenstance. Something starts them. And I don't believe the
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April 10, 2007
raccoons have lighters. So I believe there's some human error base
that's part of this and there's some things that people can do around
houses, like clearing the brush away from the houses.
Would you like to go over just those couple of things real quick
while you've still got the microphone.
MR. SUMMERS: Yes, sir, a perfect segue. And if we can go to
the visualizer, I think that this is the best way to capture some of those
items.
We do -- we really do want the public's assistance to avoid any
opportunity to get a lit cigarette or a lit ember out. There's -- although
we do not have a formal burning ban, that burning ban that's issued by
the State of Florida typically, that is not in effect, but, however, each
fire district is monitoring very closely anyone that does come in and
request for a permit.
Most importantly what we want to focus in on is defensible space
around the home. And if you'll see with that center illustration there,
having that 30-, 35-foot perimeter around your home where
emergency apparatus can get to where you have the least flammable
landscaping that you can have with the green materials right around
the home, not having burnables next to the house is really most
important. Maintaining a clear driveway access for emergency
vehicles.
And last, but not least, if you see something that really doesn't
look right, whether it's a potential for smoke or a small little one-foot
diameter fire out in the median, by all means, report it, and let's do
what we can to avoid anything escaping.
So our best response at this point is aggressive and fast attack on
any of these events that may occur.
CHAIRMAN COLETTA: Thank you, sir.
MR. MUDD: Commissioner, next item that I have has to do with
a letter that the chairman received.
CHAIRMAN COLETTA: There was -- I think copies were sent
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April 10, 2007
to all commissioners, but I have additional ones here I'm going to pass
out now.
MR. MUDD: That was sent to Commissioner CoIetta basically
from Fred Thomas on behalf ofImmokalee Master Plan and Visioning
Committee and Local Redevelopment Advisory Board basically
asking that the commission cease using code -- enforcing codes and
zoning issues out in the Immokalee area until the master plan gets into
the board for your approval, and the only issues that they're asking for
that be enforced would be the health, safety issues. And it's basically,
what they're asking for, is within the first paragraph of this particular
letter.
And what's the board's pleasure?
CHAIRMAN COLETTA: Well, in addition to that, if I might
add, we have recently got a -- the first draft, which is pretty complete,
as far as I'm concerned, outlining exactly what the master plan
committee is looking for changes to zoning for Immokalee.
Immokalee being a very unique community. Some of the ordinances,
such as our sign ordinances and the ordinances that require a certain
type of planning are quite restrictive, and it's able to -- the ability to
try to compete with such places as LaBelle.
What I'm asking for is very simple. Do I really understand the
whole thing of what they're asking for? No. And I don't expect this
commission to ever grant something outwardly just by saying, yes,
this is great, go ahead. Tell them we'll do it. What I'm asking for is to
be able to bring this back with Mr. Thomas, members of the master
planning committee, to give you a summary of what they are exactly
looking for to be able to try to lessen the burden on Immokalee.
Very similar to the rest of Collier County, they're going through a
little bit of a recession that we're all seeing as far as building's going
on. And Immokalee is still seeking to try to grow. They're trying to
move the effort forward, and they're looking for a little bit of leeway
to be able to do this.
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April 10, 2007
And so with this commission's permission, I'd like to have it on a
future agenda so they can come forward and state their case in a
meaningful way.
Commissioner Coyle?
COMMISSIONER COYLE: If the master plan is going to come
to us for review, why do we need a prereview? Why don't we do it
when the master plan comes up for review? And why would we want
to start jumping in and changing the application of codes before we've
even reviewed the master plan? That doesn't make any sense to me.
As a matter of fact, trying to maintain a building boom during a
period when we're having a downturn in building by relaxing codes is
fundamentally wrong. That's the way you get into trouble. If you
want to -- you want to provide an incentive to do things that don't need
to meet our current codes just because there happens to be a slump in
the business? That's just flat wrong, and that's how -- that's how
Florida got into such a bad situation with situations we have in
Immokalee right now.
So I would say that I wouldn't want to consider any relaxation of
codes. There's a master plan which is being developed, or changes to
the master plan, and I would like to see those. But to just have
somebody come in and give us a brief overview of what they want to
change and circumvent codes, I'm not at all interested in talking about
that.
CHAIRMAN COLETTA: I'm sorry. I did a terrible job
explaining it. Those were my own words. They're not Mr. -- they're
not -- they don't belong to Fred Thomas or the master plan committee.
I probably never should have used that as an example. It was a
terrible example.
The master plan committee has been at this for three years now,
and all I'm asking for is for them to be able to have 15 minutes to state
a case, and then we can either decide to go forward or -- move forward
with their issue. That's the only thing, just give them the time of day
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April 10, 2007
that they deserve, just like we would anyone else.
COMMISSIONER COYLE: State a case for what?
CHAIRMAN COLETTA: State a case for what they're looking
for as far as relaxing of certain codes that they have in their master
plan for change.
COMMISSIONER COYLE: And they don't want to present the
master plan to us?
CHAIRMAN COLETTA: Well, they have a master plan that's a
draft now, the problem is is that -- what's the time -- it would take
what, another -- if the master plan reached its final form that it was
going to be presented to the commission, we still have a period of time
that it's -- it's quite excessive, and they're just looking for some way to
be able to get a little bit of relief from some of the archaic regulations
that have been put on Immokalee that were meant mainly for the
coastal area.
So other than giving them 20 minutes of their time -- of our time,
I don't know what else we could do. But I'd like to really hear them, if
we could.
COMMISSIONER COYLE: Well, you know, my feeling is, do
we want the Golden Gate Master Plan Committee to come in and tell
us what they want to change before it's submitted to us for approval?
Do we want to say the same thing for the 41!1 0 corridor in East
Naples? You know, the process is that you go through the planning --
you present a plan, you go through the process of the plan, you go
through the advisory boards, and then you come to the Board of
County Commissioners. I don't know why we want to change the
procedure.
CHAIRMAN COLETTA: And, you know, I would agree with
you in almost every case, it's just that Immokalee is a special case,
we've recognized it for years, and that's the only reason I was asking
for that 20 months.
COMMISSIONER COYLE: Well, it's a special case, but that's a
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April 10, 2007
perfect reason why we shouldn't be rushing into something that we
can't possibly understand in 15 minutes. It could easily take us a half
a day or longer to go through all the implications of the so-called
relaxations of the zoning process. And to do that without doing it in
the context of an entire review of the master plan, I think, is just -- it
would be bad for Immokalee.
CHAIRMAN COLETTA: Okay. Well, I appreciate that,
Commissioner Coyle. Let me go to Commissioner Henning.
COMMISSIONER HENNING: Well, anybody can -- anyone of
the commissioners can put any item on the agenda. And if I may
make a suggestion, what I understand what the Immokalee Master
Plan Committee is doing is addressing issues like architectural
standards. They're addressing issues of landscaping, those type of
issues. They're addressing is, how do we encourage business.
And if I could just make a suggestion, if you could meet with Mr.
Thomas and find out exactly what he's talking about in his letter so
that the board can give the county manager direction in this interim
process of them developing their codes.
The other thing, it's my understanding code enforcement and the
state health department was doing a sweep through there to address
just health, safety and welfare issues.
CHAIRMAN COLETTA: That is correct.
COMMISSIONER HENNING: So if they're doing more than
that -- and which they should be doing. It's the board's code -- this
interim period, Commissioner Coletta, I think it would be worthwhile
for the board to consider if this is what the community's asking us. So
I'm asking you to put it on a future agenda for you to help give us
direction to the county manager, what should we not enforce in
Immokalee.
CHAIRMAN COLETTA: And I wouldn't presume to put
something on the agenda without three commissioners giving some
direction. I wouldn't mind bringing it back under a public petition, but
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April 10, 2007
I'd just like to see enough support so at least we can get it before us
and then give Mr. Thompson -- Thomas the time of day to be able to
state his case.
I can understand what he's trying to do. The letter isn't specific
enough. It leaves an awful lot to your imagination, and that's the
reason I wanted to get it to the commissioners under comments.
Do I have three commissioners that agree? Commissioner Fiala's
nodding her head.
COMMISSIONER HENNING: I'm nodding my head.
CHAIRMAN COLETTA: There you have it. Okay.
COMMISSIONER HENNING: Commissioner, again, you can
put anything on the agenda.
CHAIRMAN COLETTA: That would not be fair to my fellow
commissioners just to put anything on there if they're not in support of
at least hearing it. To me, other than public petition, I think that
would be doing a wrong.
COMMISSIONER HENNING: I am always interested to listen
to what you have to say. That's what I enjoy about every other
meeting, so please put it on the agenda.
CHAIRMAN COLETTA: I'm going to hold with the original
thought that if I don't get three commissioners agreeing it be placed in
the agenda, I'll bring it back under public petition.
COMMISSIONER FIALA: Well, you had three.
CHAIRMAN COLETTA: No, I don't have three.
COMMISSIONER HENNING: You have myself--
CHAIRMAN COLETTA: Okay, fine.
COMMISSIONER HENNING: -- you and me.
CHAIRMAN COLETTA: Then we got direction to put it on the
agenda, for discussion purpose, to have Mr. Thomas here to explain it
other than a public petition, one step up from it, well advertised, and --
thank you for your support on that. How it ends up is another matter.
MR. MUDD: The last item that I have today has to do with a bit
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April 10, 2007
of a quandary that staff is in. We have -- it's a thing called Winchester
Head, and I think everybody's familiar with it.
When it came in front of the board under the active acquisition
list, we got the Winchester Head. There was an estimated value of $11
million. Estimated value per acre was $83,000.
And what the board decided to do was basically put Winchester
Head on hold. Part of the rationale, I believe, for the discussion had to
do with a letter we received from the Collier Soil and Water
Conservation District that basically said that they had concerns, that
they wanted to use particular properties to store water and to do some
other things.
Since we received that particular opposition from -- I believe it
was Ms. Ramsey at the time, who was the chair of the -- that agency --
again, this is a letter that was done on the 15th of March -- they
basically said in their letter that they do not impose a continued
objection to purchases of property specifically for Winchester Head.
So Ms. Sulecki was in discussion with the Conservation Collier
Land Acquisition Committee about Winchester Head, I believe it was
either yesterday or the day before, and they basically said that they
would like to come back to the board with the 24 voluntary offers, I
guess, from landowners to be part of Conservation Collier in
Winchester Head.
Part of the rationale is, the price for property out there has
dropped, and it's a good time to buy. But I wanted to make sure
before we went through all that staff work and going through all that
process, that the board would -- would be amiable to seeing those 24
land offers through the board's process, or are we still on hold in
Winchester Head? The bottom line.
CHAIRMAN COLETTA: Commissioner Henning, your light's
on, or is that from before?
COMMISSIONER HENNING: No, it is this one. I'm in favor of
bringing it back. The only condition that I want is, let's appraise it on
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April 10, 2007
a comparable piece of property and not what was done before. I don't
-- I don't think it's fair to compare a piece of property, one being
uplands and one being wetlands. Ifwe're going to purchase wetlands,
I would like an appraisal on wetlands within that unit in Golden Gate
Estates.
CHAIRMAN COLETTA: Okay. Commissioner Halas, then
Fiala, then Coyle.
COMMISSIONER HALAS: Okay. Thank you. What has the --
how much has the price dropped percentage-wise? Do you have
anything --
MR. MUDD: I didn't get down to that. Each one of these would
have to have appraisals done to it. Commissioner Henning's dead on,
as he said, it needs to be similar properties.
One of the things you had in discussion, when this came up
during your A list, B list discussion was, the board wanted to have a --
get the exact terminology that I took that day. Wanted to come back
with sales information, and I believe part of the appraisals, especially
24 of them coming up, the sales information would be dead on during
that particular -- particular case.
I just -- the whole genesis of this was, part of me was saying to
Alex, let's wait until the soil and conservation service has their joint
meeting with you, which right now they're going through the process
of seeing all the homeowners associations. They had the meeting with
the Collier County Land Acquisition Council per your request. That
was a -- pretty much an amiable meaning with those two groups.
They're finishing up with the homeowners, and then we're going
to set a joint -- a joint workshop with you before the end of June. So
that was all part of the process, and Winchester Head would come up
during that discussion, no doubt.
But since that time two days ago, they asked if they could start
working on it. I just wanted to make sure it was okay with you. One
of your advisory boards says let's start moving forward.
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April 10, 2007
CHAIRMAN COLETTA: Okay. Commissioner Fiala, then
Coyle.
COMMISSIONER FIALA: Yeah. I'm very delighted to see that
they've worked this out, and I think we should bring it back. I think
this is an important piece of property that we need to consider. So I'm
all for it.
CHAIRMAN COLETTA: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Yeah. My concern with
Winchester Head always has been that we're picking it up little -- one
little lot at a time, and every time we buy a lot, the next one gets more
expenSIve.
What we'd -- what I'd really like to see is us appraise all of those
lots and make offers to those people contingent upon a certain
percentage of those residents accepting our proposal at the same time,
and that way we won't get pecked to death by people who want to
incrementally increase the value of the property and we can get a
reasonable chunk of land that will make a difference.
The danger in trying to buy these tracts of land doing it little tiny
strips at a time is that you wind up not being able to acquire enough of
it to make any difference.
So I would say that if Conservation Collier wants to spend
money on this, that they appraise all of the property in Winchester
Head they want to buy, make the offer to buy at that price, and then
bring it back to us once we get an idea of how many of those
homeowners are willing to -- or property owners are willing to sell.
And if a significant number are willing to sell, I would be willing
to go with it if it's a reasonable price. But we saw what happened last
time. We started buying it, and then prices went way, way up. So I
think we need to take a look at it on a wholesale basis.
COMMISSIONER HALAS: Is it 24 properties?
MR. MUDD: Twenty-four properties. I mean --
COMMISSIONER HALAS: How many properties is the total
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April 10, 2007
out there; do we have any idea?
MR. MUDD: There's more than 24, sir. I don't have the exact
count. But this is a significant number of voluntary sellers, and it's not
all of Winchester Head. We do all 24 at the same time. We wouldn't
have one property competing against the others. We're trying to pick
up the 24 willing sellers.
CHAIRMAN COLETTA: I'm for bringing it back, too. I think
we've got enough direction on this, don't we, Mr. Mudd?
MR. MUDD: Yes, sir. That's all I have, sir.
CHAIRMAN COLETTA: Fine. County attorney?
MR. WEIGEL: Thank you. On a lighter note, the past four
years the board has authorized my request to assist Mr. John Norman
with the annual Cinco de Mayo celebration that's held at the Airport
Authority property in Immokalee.
I, again, would ask your authorization to assist Mr. Norman with
that festival in regard to complying totally with the 70-11 ordinance
that provides for security, lease, all types of sanitary and everything
and tenting and everything else that goes with such festival. It's
scheduled, I think, for April 28th.
CHAIRMAN COLETTA: Okay.
MR. WEIGEL: So nods, yes?
CHAIRMAN COLETTA: Okay.
COMMISSIONER FIALA: I just wanted to know if you're
going to provide the security yourself, David. It looked like you were
going to go in and guard the place.
MR. WEIGEL: Well, I may be there, but typically there's a
sheriffs detail there. Thank you.
COMMISSIONER FIALA: Just a little brevity.
CHAIRMAN COLETTA: Okay. Anything else?
MR. WEIGEL: Nothing else, thank you.
CHAIRMAN COLETTA: Commissioners, let's go down the
line, starting with Commissioner Henning.
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April 10, 2007
COMMISSIONER HENNING: I went to the consolidation
meeting of the fire districts. I hope in the near future I'll be able to
forward to the Board of Commissioners a document that they're
working on. I did bring up the topic about having a countywide ALS
program.
I was quite surprised they are open to that, but to start a -- an
oversight committee or a special elected board that would have to go
through the legislators as a special district. But one way they could
get it up and going now is for the Board of Commissioners to
appropriate more money to the emergency services or EMS to hire the
necessary personnel to create a countywide ALS program.
The other thing county -- the county attorney sent the board
members a memo on his recommendation changes to the board's
procedures, the MUNI procedures. I looked it over and I thought it
was absolutely wonderful what he's recommended, and I think it's an
appropriate (sic) under commissioners' communications at this time to
make a motion to direct the county attorney to change the board's
ordinances and how we conduct a meeting to make it more conducive
of recent changes to it.
CHAIRMAN COLETTA: I second that. Okay.
COMMISSIONER HENNING: Any opposed?
CHAIRMAN COLETTA: Motion and a second. Any
discussion?
(No response.)
CHAIRMAN COLETTA: I'm waiting for lights to go on.
Seeing none, all those in favor, indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
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April 10, 2007
(No response.)
CHAIRMAN COLETTA: The ayes have it, 5-0.
COMMISSIONER HENNING: And one last thing -- thank you,
Mr. Weigel, for bringing that to our attention again.
One last thing. In light of the previous board's actions about a
study for Keewaydin Island, I had a representative, I've talked to
Marla Ramsey, and I've talked to a citizen in support of working with
the State of Florida for more beach access at the Wiggins -- is it the
Wiggins Park? What is that state park -- Wiggins Park, to approach
the state in our next legislation, upcoming -- it would be the '08
legislation priorities.
Shall we give staff direction to put that on our '08 priority list?
CHAIRMAN COLETTA: Yep. Why not?
COMMISSIONER FIALA: Sure.
COMMISSIONER HENNING: And that way we could have
one on Gulfshore Drive and the other one on Gulfshore Drive, okay.
CHAIRMAN COLETTA: We got enough support for that.
What else, Commissioner Henning?
COMMISSIONER HENNING: Well, we have limited time, so
I'll leave it at that.
CHAIRMAN COLETTA: Thank you. We appreciate you
leaving it at that.
COMMISSIONER HENNING: Okay.
CHAIRMAN COLETTA: Commissioner Fiala, happy birthday.
COMMISSIONER FIALA: Thank you very much. Yeah, just a
message. Hey, Paul, I'll come right over and see you. That's all.
CHAIRMAN COLETTA: Oh, my, yeah.
Commissioner Coyle?
COMMISSIONER COYLE: Yes. A county employee sent me
some correspondence as a private citizen and a constituent bringing to
my attention something that I would think would be of help to Collier
County as well as the people who do business with Collier County,
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April 10, 2007
and I would like to get the board's permission to give this to the
county manager and ask him to evaluate it and determine its
applicability to Collier County government.
It is a pilot program with the United States Citizenship and
Immigration Service and the Social Security Administration which
permits online verification prior to employment that a person is, in
fact, in the country legally, that they can be lawfully employed.
COMMISSIONER HALAS: Sounds good to me.
COMMISSIONER FIALA: Me, too.
COMMISSIONER COYLE: And it also is available for any
company. And I would suggest that we investigate making this a
requirement for our contractors, that they utilize this system, because
it removes a risk for them. A lot of people come in with documents
that, perhaps, are not valid. And if this -- if this program works as it
says it is, it says that it will provide 95 percent certainty that the
person that you hired is in this country legally. If it does that, it would
seem to be a good program for those people who want to avoid
violating the law.
And so if the commissioners would support this, I would like to
give this description and procedure to the county manager and ask that
we consider implementing it for the county as well as requiring that it
be used by all of our subcontractors and suppliers.
COMMISSIONER FIALA: Sounds good to me.
CHAIRMAN COLETTA: Procedure or something similar, if
there's something else out there.
COMMISSIONER COYLE: Ifthere's something better out
there, yeah.
CHAIRMAN COLETTA: Yeah, I --
COMMISSIONER COYLE: Unless it's provided the
government of some foreign country like China or whatever. But here
it is, and I'll give it to the county manager after this meeting if there
are enough nods here to do that.
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April 10, 2007
COMMISSIONER FIALA: Great.
COMMISSIONER COYLE: That's all I have.
CHAIRMAN COLETTA: Commissioner Halas?
COMMISSIONER HALAS: Yeah, I'm back. Dad, I need a
loan, I need an advance in my allowance. I was -- received a phone
call during break by EDC, and they would like -- they requested that I
could go up to Tallahassee with them the -- I think it's the 23rd of
April, the day before our board meeting, to talk with our legislators up
there in regards to the tax reform, and I told them that basically I was
just about broke again, so I was going to have to ask Dad if I could get
an advance in my allowance.
COMMISSIONER COYLE: Ms. Filson, how much do I have
left? Approximately, just --
MS. FILSON: Little over two.
COMMISSIONER COYLE: Okay. So we could afford 800 or
so, I guess.
MS. FILSON: Eight hundred.
COMMISSIONER COYLE: Yeah, would that do it?
COMMISSIONER HALAS: Would 800 do it?
MS. FILSON: It will do for this month.
COMMISSIONER COYLE: Is this going to be the last request?
COMMISSIONER HALAS: Dad, I don't know.
COMMISSIONER FIALA: We have to go all the way till
October.
COMMISSIONER COYLE: Listen, I tell you what. I'm going to
put you on a commission basis. If you're successful in getting the
state legislature to change this crazy tax scheme they've got going
there, I'll give you all the rest of my budget.
COMMISSIONER HALAS: Well, we'll just try a thousand now
and then we'll see.
COMMISSIONER COYLE: He doesn't sound very confident.
Okay.
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April 10, 2007
MS. FILSON: Okay. You said 800 and he said 1,000.
COMMISSIONER COYLE: Okay. Go ahead and do a 1,000.
Now, Commissioner Coletta, you're not going to ask me for more
now also, are you?
CHAIRMAN COLETTA: I wouldn't think of asking you at this
moment.
COMMISSIONER COYLE: Okay, good.
CHAIRMAN COLETTA: I'll wait till the next meeting.
Does that take care of it? I think you did enough damage.
COMMISSIONER HALAS: Yeah, that takes care of it.
CHAIRMAN COLETTA: Okay.
COMMISSIONER HALAS: Oh, just one comment. I just want
to thank all the commissioners and staff that were at the -- our open
house, District 2 open house. And I thought that the information that
was provided by staff was outstanding.
And it's my understanding that there's going to be a portion of --
a proportion of that material is going to be presented on Collier
County television, so I'm looking forward to making sure that the
people out there understand the ramifications so that everybody has all
the information available so that they'll have an understanding of
what's happening and where we're going.
CHAIRMAN COLETTA: Do you want to add anything to that,
Mr. Mudd?
MR. MUDD: At least three commissioners that I know of have
asked that somehow that gets further disseminated, okay, in the
conversation, because Commissioner Fiala had mentioned it, you
mentioned it to me, Commissioner Halas had mentioned it to me,
Commissioner Coyle had mentioned it to me because it was a pretty
good piece with Mike Smykowski and --
COMMISSIONER HALAS: Did an outstanding job.
MR. MUDD: -- then my piece after that, then Commissioner
Coyle, and basically got what the issue is as this gets laid out. So if
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April 10, 2007
that's the board's desire, we'll get it on the TV station.
CHAIRMAN COLETTA: Okay. Now, I've got two lights on
here. Commissioner Fiala -- I know Commissioner Henning just
pushed it -- do you have something to comment on?
COMMISSIONER FIALA: I was -- just exactly that. I was
going to say it was so good I asked them to repeat it at my town hall
meeting this Thursday.
COMMISSIONER HALAS: Good.
COMMISSIONER FIALA: I think it was just excellent, and
your whole town hall meeting was good, Commissioner Halas.
CHAIRMAN COLETTA: You might want to give a plug for
your town hall meeting. Where's it going to be, Commissioner Fiala?
COMMISSIONER FIALA: Oh, yeah. It's going to be this
Thursday, seven p.m., Edison College, Lely campus.
CHAIRMAN COLETTA: Will they have free cookies and
coffee?
COMMISSIONER FIALA: I don't know. I hope so -- yes, free
cookies and coffee.
COMMISSIONER HALAS: And water.
COMMISSIONER FIALA: Everybody's invited --
CHAIRMAN COLETTA: There we go, so that's every reason to
go, yeah.
COMMISSIONER FIALA: -- to hear it in person.
CHAIRMAN COLETTA: Commissioner Henning's going to
give an enforcement for your town hall meeting also. Did you --
COMMISSIONER FIALA: You're all going to be there.
COMMISSIONER HENNING: Well, actually, I wasn't at that
town hall meeting in District 2, but I did receive a phone call from a
constituent who was there and was very concerned that a contract
employee was bashing elected officials in Tallahassee.
And I did get a copy of it. I do have concerns. If somebody --
elected official to elected official, you know, anything goes. But I
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April 10, 2007
think it's wrong for us to promote that type of conversation on our web
TV.
COMMISSIONER HALAS: Be more specific.
COMMISSIONER FIALA: Yeah. I don't even know what
you're talking about.
COMMISSIONER HALAS: Yeah.
COMMISSIONER HENNING: The county manager got up
there and -- I mean, I viewed it, and I agree with the constituent, it was
bashing the legislators for what they're doing up there as far as bills.
Now, if Commissioner Halas was to do that, that would be a
different thing. It is an elected official with his opinion. But what was
said, and I agree, well, wait a minute, this is not the same playing
field. This is an employee of the county.
COMMISSIONER HALAS: Well, I had asked the employee to
bring forth -- there was two employees, one was the county manager
and one was his budget director, and I asked them both to make sure
that there was an understanding of what was taking place in
Tallahassee so that everybody realized that -- so they had a choice,
realizing that it's either property tax increase or a rollback of --
COMMISSIONER HENNING: Well, there was more than that.
And you know what, I'm not trying to change any body's mind. I'm
just sharing my concern and a concern of a resident. That's all.
COMMISSIONER HALAS: Well--
CHAIRMAN COLETTA: And I need to chime in here, because
I was at the meeting there, and I didn't at one time hear Mr. Mudd ever
bash our local legislators. He bashed the system the way it's presently
set up and the possibly scenario of events, how it might lead us down
to a certain point in time. I think anybody -- everyone that was there
benefited from it.
If anything -- ifthere was anything negative said about one of our
local legislators, I would have been all over Mr. Mudd and everyone
else, but there wasn't. I think it was about the general process, the way
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April 10,2007
it's put together and how they're coming to conclusions, and I thought
it was very well done.
And I'm the one that even went to Mr. Mudd after I heard it and
suggested that they put it on the county television to share it with
everyone one in the world.
Okay. Commissioner Coyle, you've got a comment, and then
we're going back to Commissioner --
COMMISSIONER COYLE: Yeah. And, you know, I'm not
going to belabor the point because as Commissioner Henning says,
he's not trying to change our minds. He has a right to express his
OpinIOn.
But I think that we expect our staff to be honest and forthright in
presenting our views. We have representatives at the Florida
Association of Counties, we pay them to represent our views, and I
have seen their written comments concerning much of this legislation,
and it is very critical and it points out the major fallacies and the
thinking of the legislature in coming up with these ideas.
So I find no fault whatsoever in a county employee representing
the view of the majority of this commission and doing it in a forthright
and forceful way.
You know, we have got to go over this idea that we should be
intimidated by the people we elect to office. I am not intimidated by
them. I think they deserve criticism for things that they do that are
bad and they deserve praise for the things they do that are good.
And I am not going to be the least bit concerned about stepping
on their toes from time to time if they're not supporting us. And, quite
frankly, these bills have been flying through the legislature with little
or no opposition from anybody except Democrats, you know. We're
talking about Republicans who are doing this stuff.
And it's very frustrating, and I commend the staff and Mr. Mudd
for giving us a straight talk on these issues rather than trying to
obfuscate the situation.
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April 10, 2007
CHAIRMAN COLETTA: Commissioner Henning, you've still
got the floor.
COMMISSIONER HENNING: No, I don't.
CHAIRMAN COLETTA: Yes, you do. If you have some other
comments or something else, I mean, we --
COMMISSIONER HENNING: Oh, on this topic?
CHAIRMAN COLETTA: On any topic.
COMMISSIONER HENNING: No, no, no. It was
Commissioner Halas who did that. Now you're next, and then we're
going to take a break.
CHAIRMAN COLETTA: Till six o'clock.
COMMISSIONER HENNING: And you have three minutes, so
hurry up.
CHAIRMAN COLETTA: Oh, I'm telling you, I'm so put out I'm
not going to say anything, just to punish you.
With that, we're adjourned or we're -- what are we doing?
COMMISSIONER FIALA: Recessed.
CHAIRMAN COLETTA: Recessed until six o'clock.
COMMISSIONER COYLE: Six o'clock.
CHAIRMAN COLETTA: Okay. Thank you.
(A recess was had.)
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, Commissioners, you have a hot mike.
CHAIRMAN COLETTA: Thank you very much. I guess the
streaming video should be effective now to Tallahassee, or very
shortly should be.
And what we're going to do is begin this meeting with a
presentation. We are going to have a presentation, correct?
MR. SMYKOWSKI: Yes, sir.
Item #9H
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April 10, 2007
TELEPHONE CONFERENCE WITH COLLIER COUNTY'S
LEGISLA TIVE DELEGATION IN TALLAHASSEE TO DISCUSS
ON-GOING LEGISLATIVE PROPOSALS FOR PROPERTY TAX
REFORM - DISCUSSED
MR. MUDD: Yes, sir. This item to be heard at six p.m. It's a
telephone conference with the Collier County legislative delation in
Tallahassee to discuss ongoing legislative proposals for property tax
reform.
The item was asked for by the chairman, Commissioner Coletta,
and I believe we have all five of our local representatives on the
phone. I've heard Representative Richter, Representative Davis,
Representative Williams, Representative Rivera and Senator
Saunders.
CHAIRMAN COLETTA: I didn't hear Representative Williams.
Are you there?
(No response.)
CHAIRMAN COLETTA: No, not yet. Possibly she'll be on
shortly.
But also, too, I want everybody to understand that this is the
legislative session that's going on. The schedule is very tight and goes
on past the hours of operation of Collier County government.
Every one of these representatives and senator have
commitments this evening they have to get to. So we have 30 minutes
for sure; however, with that said, the minutes -- the meeting's going to
continue even if we run out of 30 minutes and we start to lose the
representatives and the senator due to their commitments.
But in any case, we have worked out an understanding with Mr.
Davis, Representative Davis, that we will send them completed DVDs
of the meeting so any comments that will take place after the
representatives, the senator, have left, they will still receive them after
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the fact to be able to view.
Go ahead, Mike.
MR. SMYKOWSKI: Thank you. For the record, Michael
Smykowski, Collier County O&B director. We're here tonight to talk
about the analysis that was prepared at the FY-'08 legislative budget
and tax proposals.
House Joint Resolution 7089, there are a number of major
elements. I'll highlight them briefly. 10/1/2008, reduce the tax rate to
the rollback level from fiscal year 2005 adjusted for inflation. A
higher millage rate would require a unanimous vote of the Board of
County Commissioners.
The county would have the opportunity to exempt homestead
property from all ad valorem taxes levied within the county other than
the school district and levy a one percent discretionary sales surtax
instead. That would be subject to a local referendum approval. And if
no local referendum were held, the referendum would have to be held
no later than November 2010.
Schools would be given the opportunity to exempt homestead
property from all ad valorem taxes levied by the school district and
levy a half percent discretionary sales surtax instead. Again, subject
to local referendum and to be held no later than November 2010.
July 1,2008, the state-mandated required local effort for schools
levied by the school districts would be replaced with a one percent
discretionary sales surtax, and there would also be a property tax
exemption for a tangible personal property of $25,000 providing a --
some tax relief in the form of business exemption as businesses are not
-- do not have homestead protection.
Observations. Our current tax system. It has created large
inequities for a growing number of taxpayers. Tax relief is needed.
Our concern is that it not be at the expense of essential county
serVIces.
Collier County provides effective services and spends taxpayer
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funds responsibly. Our rapid growth requires expanded infrastructure
and services.
The U.S. Census Bureau notes that Collier County was the
seventh fastest growing area in percentage of growth from 2001
through 2006. Obviously with new people comes a demand for
additional service and a demands for additional infrastructure.
Citizens and visitors expect and deserve quality services,
programs and facilities, and unfunded state and federal mandates have
created additional budget pressure for us.
Local elected officials are directly accountable to the voter and
they have acted responsibly to provide needed services at reasonable
costs.
Growth should pay for growth. We had a sales tax referendum in
November 2001 that failed; 71 and a half percent of the voters in
Collier County who voted opposed the sales tax for road construction.
There was a clear message from the voters during that referendum
campaign that growth should pay for growth and that the county
should live within its means.
Resulting actions. We bonded all of our available gas taxes
through 2025, which is the duration that they are in existence. We've
committed $24 million annually in general fund support of our road
program and we have a very aggressive impact fee program that is
consumer price -- it's indexed to the consumer price index in our
regular rate studies to reflect the current cost of providing that
infrastructure.
Collier County has been a good steward of taxpayer dollars. The
fiscal year '07 general fund millage reduction resulted in $23 million
of savings. We've had a self-imposed cap on executive pay where
merit pay is provided as a bonus and not added to base pay.
Cost distribution of health insurance premiums. There was a --
formerly a 90 percent employer, 10 percent employee split of the cost
of those premiums. It's currently 80/20. We got there in measured
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April 10, 2007
steps over a five-year period. The -- obviously the county employees
bear a much greater burden than they did in the past.
We've had, annually, self-imposed caps on new positions in spite
of our strong population growth. And for fiscal year '08, our budget
policies include a self-imposed agency spending cap of 6 percent and
a self-imposed automatic rollback of millage if the percent change in
taxable value is greater than 10 percent.
The next slide shows an average unincorporated area resident tax
bill. The county government representing about 28 and a half percent
of it. The largest part is the schools. You also have the independent
fire districts. They're crosshatched on this slide.
Schools, independent special districts and voted taxes
representing about 64 percent of the total millages levied would be
exempt from the provisions ofHGR 7089. The county and city
governments would be forced to reduce ad valorem, representing 36
percent of the millages.
Now, the next slide will take that 28 and a half percent of the
county government piece and break that out.
The county manager representing 8 percent.
REPRESENTATIVE WILLIAMS: Hi. This is Trudy. Sorry I'm
late.
CHAIRMAN COLETTA: Hi, welcome.
REPRESENTATIVE WILLIAMS: Hello?
CHAIRMAN COLETTA: Yeah. We're all here, and thank you
for calling in.
REPRESENTATIVE WILLIAMS: Hello.
MR. MUDD: Representative Williams, this is Jim Mudd. We
can hear you. You're on the line.
REPRESENT A TIVE WILLIAMS: Okay. All right, thank you.
I'm going to put you on -- I'm going to put myself on mute so I can
listen because there's so much noise here.
MR. SMYKOWSKI: Thank you. So of the 28 and a half percent
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that is county government, the county manager represents only 8
percent of that total.
Seen another way, the general fund is where we provide the bulk
of county government services that are provided on a countywide
basis. The importance here is that of our general fund, 46.7 percent of
general fund budget appropriations are allocated to the constitutional
officers inclusive of the sheriff, the Clerk of Courts, the property
appraiser, tax collection fees for the ad valorem levies, as well as the
supervisor of election functions.
Organizational impact, rolling back taxes to 2005 plus CPT.
We've calculated the general fund reduction would be 78.8 million.
Our incorporated area general fund -- we have a large unincorporated
area, as there are only three municipalities. The bulk of the population
within Collier County's within the unincorporated area -- is 13.3
million, calling for a total reduction of $92.1 million.
This chart just shows a proportionate share of -- we use kind of a
proportionate pie in allocating our budgets in the past in terms of
budgetary caps and chose the proportionate share that would be borne
by each of the respective agencies or divisions that are included in the
county general fund.
What we've done from that point is translated that -- those
numbers from just raw numbers, $92 million, and tried to translate that
to everyday service level implications for the various divisions or
agencies of the county.
The board and -- County Attorney's Office and the board office,
equivalent of -- the proportionate dollars would be 4 and a half support
personnel, county attorney nine staff positions. I'm not going to walk
through each one of these, but I'll just give you a flavor.
Obviously the management offices, the county executive offices,
the county manager, the budget office itself, the communications,
would be adversely impacted.
Administrative services. I'll highlight two at the bottom that are
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particularly -- would be hit hard. The information technology as well
as the facilities management combined, 30 staff reductions. And this is
-- while the county continues to grow and additional facilities are
being added to the inventory in keeping up with our Growth
Management Plan requirements, at that same time, we'd be looking at
facilities and IT staff reductions. It is particularly onerous. As the
county expands, much of our program and the like extend beyond the
typical eight-to-five workday as well.
Emergency services bureau impacts. Within EMS we're talking
about five EMS units or 35 FTEs, a reduced emergency response
capability within emergency management.
Public services is a large component within the general fund,
including libraries and parks and recreation. The magnitude of the
reductions that would be required under this proposal, we couldn't get
by just by eliminating vacant positions and the like. You'd be looking,
with the dollar magnitude that we're talking about, of closing facilities,
closing branch libraries, closing a water park and a regional park in
the general fund. In our unincorporated area, closing aquatic facilities
and a community park, just to give you some order of magnitude.
Within community development impacts, the largest areas that
would be impacted would be funding of incentives for business
retention and recruitment in our economic development program as
well as a reduction in funding for state-required watershed
management studies. In addition, there would be about 25 percent
reduction in code enforcement.
Transportation services would have negative consequences,
eliminating Sunday bus service in our CAT system that was added this
year within the budget. It would have a major impact in our road
maintenance functions. The dollars would be equivalent to 41 road
maintenance personnel. We've embarked on paving lime rock roads
within the Golden Gate Estates area, that far eastern part of the county
and would have adverse impacts on our road resurfacing, as well as
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our median landscaping efforts.
Sheriff impacts. The required cut would represent 20.8 percent
of the sheriffs FY -'07 adopted operating budget and an equivalent unit
cost basis for personnel. That equates to 341 FTEs.
We're talking -- some of the legislation talks about substituting
sales tax for ad valorem tax. We'd like to talk with you about that. Ad
valorem tax is a very stable revenue source, even in an economic
downturn. We typically collect 96 and a half percent of the annual tax
levy, and it's as well for -- from a cash flow perspective, it's collected
early on in the fiscal year with in excess of 80 percent collected early
in the fiscal year, and there is accounting for property taxes levied at
the local level.
Sales tax revenue is a primary funding source of the state
government. Remittances that the county currently receives and
would receive would be monthly distribution from the State of
Florida. Obviously that would have a shift in cash flow. It's a less
stable revenue source than ad valorem taxes. That tends to be
impacted by events such as recessions, terrorist activity of any
magnitude and fluctuations in the stock markets or even cost increases
in the price of fuel.
Continuing on. 30 percent of the county's taxable value is from
homestead property. $22.7 billion of our taxable value is
homesteaded.
The FY-'07 equivalent revenue from homestead properties is
about 81.1 million in the general fund, 18.3 in our unincorporated
area, for a total of$99.4 million.
Based on current estimates from the Florida LCIR, a 1 percent
discretionary sales surtax for FY -'07, the projected revenue
countywide, that would include municipal shares, would be in excess
of $69 million. The county's share, and it calls for distribution to other
taxing districts of $61.2 million.
The projected county revenue loss. Obviously ad valorem, $99.4
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million in homesteaded ad valorem versus about 61 million in the 1
percent sales tax, for a projected revenue loss of $38 million.
Suggestions. Property tax reform. Supporting reasonable limits
on assessment increases. Some suggestions might be annual property
assessments capped on a rolling five-year average to level off large
one-time fluctuations or establishing an annual assessment limitation
for non-homestead property of 10 percent with a reassessment upon
change of ownership.
Assess properties at current use versus highest and best use.
Allow assessments for certain commercial properties using an income
basis.
Other suggestions relating to home rule authority. Support or
encourage the board's apility to implement self-imposed revenue or
spending caps, opposition to state-mandated caps on county revenue
or spending, a one-size-fits-all solution on property taxes applied to
vastly different communities across the State of Florida simply will
not work.
Business relief. We -- there is support, I think, for business
exemption for $25,000 of tangible personal property.
Using the existing system for change. There's a tax and budget
reform commission that was approved by Florida voters and created in
the Constitution to comprehensively review our state tax and budget
policies. Those commission members are appointed and are -- and
that review is underway. A special election would preempt the work
of that commission.
I've covered a lot of ground quickly, as our time is limited and
valuable. I'll turn it over at this point.
MR. MUDD: Commissioner, that's all we have for our
breakdown of what -- how our taxes get laid out and the implications
of House Bill 7089.
You do have speakers that are signed up on speaker slips and --
CHAIRMAN COLETTA: Yes. Well, I'm going to allow the
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commissioners to ask some questions. First I'm going to -- did
representative David Rivera make it to the meeting yet or --
REPRESENTATIVE RIVERA: Yes, I'm here.
CHAIRMAN COLETTA: Hi, David. How you doing?
REPRESENT A TIVE RIVERA: How are you, Commissioner?
CHAIRMAN COLETTA: I'm fine. Thank you for joining us
this evening.
Were you able to catch the beginning of the presentation where
we outlined where we believe the House of Representatives is in the
tax reform proposal?
REPRESENTATIVE RIVERA: Yes, I was. And let me just --
let me just correct a couple of things that are in the PowerPoint
presentation on --
CHAIRMAN COLETTA: Yes, sir.
REPRESENTATIVE RIVERA: When we talked about the
House Joint Resolution 7089, the rollback rate was mentioned as fiscal
2005. It's actually fiscal year 2003/2004. So the numbers -- the
numbers are off on the presentation because the year -- the wrong year
was used.
And the second item I wanted to mention also is that when it
talks about the county and the schools exempting the homestead
property from all ad valorem taxes levied within the county and for
the school district, those are actually done by -- not necessarily by the
county, but by residents or voters which have to all be done by a vote
of the county residents.
CHAIRMAN COLETTA: Okay. Thank you very much, David,
for that clarification.
I have Commissioner Henning and Commissioner Coyle that
have questions. I understand your time is very valuable, and we did
agree to 30 minutes and a little bit longer if you can spare it.
Meanwhile, we're going to go to Commissioner Henning.
COMMISSIONER HENNING: Thank you, Mr. Chairman. It's
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my understanding that nothing is really going to be done until the
Senate proposes their bill. So if Senator Saunders could give his
report on that.
SENATOR SAUNDERS: Commissioner Henning,
Commissioners, this is Burt Saunders. The Senate proposal is
scheduled to be made public on Thursday. There's still a lot of debate
going on, a lot of meetings going on. But there are a couple principles
that seem to be emerging at this point that I'm confident will kind of
rule in terms of how we're going to proceed from the Senate
perspective, and it's going to be quite different than where the House
IS.
And so there's going to have to be some significant negotiations
between the House and the Senate.
But as an example, a couple things that we will have in the
Senate proposal, there will be a proposal dealing with tangible
property taxes and how to assist our businesses. There will be a
proposal to provide for actual use for the valuation of business
property so that, for example, a small hotel operator, motel operator
on the beach isn't assessed at highest and best use but is assessed
based on what the economic issues are with the -- with the ongoing
business.
There will be proposals dealing with portability of the Save Our
Homes tax benefit to help our citizens that are locked in their homes.
There will be a cap, if you will, on spending, but the cap is going to be
designed to eliminate some of the spikes that you might see because of
some unusual years in the real estate market.
And we're probably going to go back to around the year 2005 as
a starting point and then try to make sure that any increases in ad
valorem tax revenues are limited to personal income increases and
population increases, a combination of those two numbers.
The Senate proposal will recognize that if we do the wrong thing,
we have the capability of destroying Florida's economy, so we want --
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we're going to be very careful. And number two, we recognize that
local governments have to continue to have the revenues they need to
operate. And so we -- you're not going to see, I believe, any drastic
proposals in terms of the rollback.
The other concept that is going to govern where the Florida
Senate is is that we're not going to be looking at new taxes. We're not
going to be looking at replacing ad valorem taxes, for example, with
an increase in sales taxes. We're going to try to even out the burden --
the ad valorem tax burden on our citizens and keep that under control,
but we're not looking to develop new taxes.
So I think, Commissioners, that kind of outlines where we are.
We're going to be very cognizant of the needs oflocal government to
continue to operate under a very rapid growth scenario, especially that
that you see in Collier County.
CHAIRMAN COLETTA: Commissioner Henning has one
follow-up question.
COMMISSIONER HENNING: What -- so Senator, we -- do we
have the details in the Senate Bill as of today?
SENA TOR SAUNDERS: No. We don't -- we don't have the
details because the details haven't been finalized yet. We're still in the
process of negotiating and trying to determine what the impacts are of
what we do.
But I think, as I said, the guiding principle is, we want to make
sure we do no harm to Florida's economy and we want to make sure
that local governments have the revenues they need to continue to
operate.
And so I think you'll be pretty well-pleased with what we start
out with in the Senate. Now, as I said, that's going to be substantially
different than where the House is, and we're going to have to,
obviously, engage in negotiations with the House to get to a final
product.
CHAIRMAN COLETTA: Let's go to Commissioner Coyle.
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COMMISSIONER COYLE: Senator Saunders, I would like to
congratulate you for your very informed and appropriate assessment
of what needs to be done here. The House bill is absolutely scary, and
so I appreciate your measured response to this process and I encourage
the Senate to continue along those lines.
There is no place in government where the budget and funding
process is more transparent and better controlled than at the local
level.
Now, one thing that gives me great concern about where we're
going, but not with respect to the Senate proposal, Senator Saunders --
I think you're right on there.
SENATOR SAUNDERS: Yes, sir.
COMMISSIONER COYLE: But the DCA, Department of
Community Affairs, is considering changes in the growth management
bill which would number one, require us to develop a l5-year capital
improvement program. We can't do that with sales taxes as a potential
source of income. It just doesn't work.
Number two, they are proposing that the amount of funds that we
get from the proportionate fair share process will be reduced and there
are also proposals, one in the Senate, that would restrict our ability
with respect to impact fees.
Now, when you take those kinds ofrestrictions on being able to
fund infrastructure and then there is a corresponding substantial
reduction in revenue by local governments, it has a catastrophic
impact on infrastructure development which also has a major impact
on our economy. Ifwe don't go build the infrastructure, we can't
support the development and growth that is essential to Florida's
future.
So I hope that the people who are looking at these tax proposals
will look at them within the context of all of the other things that
Collier -- county governments have to deal with.
But, again, Senator Saunders, I applaud you with your -- in your
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approach to solving this problem. I understand you'll have to
negotiate with the House, and I hope that you win.
SENATOR SAUNDERS: Mr. Chairman, if! might just add one
thing. I've had several meetings with the Senate president, and he has
emphasized as recently as this morning that he understands, and we
understand, that if we do the wrong things here, the impacts could be
very dramatic, could be catastrophic in terms of our economy. And so
our guiding principle is going to be we're not -- we're going to make
sure we do no harm, and also, again, recognizing the need to continue
to operate local governments.
We do want to provide significant relief to our ad valorem
taxpayers, although we have to do it in a responsible way.
CHAIRMAN COLETTA: Thank you, Senator Saunders. I have
three speakers that would like to speak, and I'm going to try to keep
this as close to schedule as possible.
Ms. Filson, would you call the first speaker.
MS. FILSON: Gary Beauchamp.
CHAIRMAN COLETTA: Who owns the dog?
MR. BEAUCHAMP: Senator, Representatives and
Commissioners. Thank you for the opportunity to be here to speak to
you. I'm Gary Beauchamp, the chief deputy supervisor of elections.
Jennifer Edwards would be here, but she is in Tallahassee working at
the other end of the state with these issues as they relate to a very
important issue here for Collier County and for other counties in the
state.
REPRESENTATIVE WILLIAMS: This is Trudy Williams. I
can't hear a word you're saying. There's so much feedback in the
background.
CHAIRMAN COLETTA: If anyone's got their speakers turned
up, turn them down all the way at the podium here, at the dais rather.
No one's got it turned up?
COMMISSIONER FIALA: I think it's somebody there.
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April 10, 2007
COMMISSIONER COYLE: It's on their end.
CHAIRMAN COLETTA: We hear background noise, too. It's
not coming from this end.
REPRESENTATIVE WILLIAMS: Oh, that sounds a lot better.
Whatever you did, I can hear you loud and clear. Thank you.
CHAIRMAN COLETTA: Fine. Go ahead, Gary.
MR. BEAUCHAMP: As I said, Jennifer Edwards, the supervisor
of elections, is in Tallahassee dealing with issues that affect Collier
County and other counties within Florida.
The -- as you know, the governor, the Senate and the House have
led bills to stop the use of electronic voting equipment in the State of
Florida.
Collier County is one of many of the counties out of the 15 that
use electronic voting equipment that have had no problems, no
complications with the voting equipment itself.
Our voting equipment that was purchased in 2002 was purchased
at the price of$4.3 million. We have checked with the finance
department. We are halfway through paying for that equipment. So
we've got another five years to go on the financing of the current
system that we have that will not be able to be used in the 2008
primary in general.
The plans that the governor, the House and the Senate have put
forth are plans to go to a paper ballot system, ballot on demand for
early voting, and also for election day. In the last legislative section or
the one before that, the legislature decided to require by statute that we
report results by precinct.
The electronic voting equipment allowed that to be done and
allowed that to be done in a very efficient manner. Paper balloting
will not necessarily allow us to do it in the manner that we have
reported through the 2006 election cycle.
The cost to replace the system that we have or to make the
modifications that are in these bills is $1.9 million for the taxpayers in
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April 10, 2007
Collier County. And so that is what they're working on now. I think
the Senate had a hearing this morning that Supervisor Edwards was at.
And she wanted me to let you know that we're looking at a mandate
to change the systems, and it will cost the taxpayers of Collier County
$1.9 million.
CHAIRMAN COLETTA: Thank you very much.
MR. BEAUCHAMP: Thank you.
MS. FILSON: The next speaker is Michelle LaBute.
MS. LaBUTE: Good evening, Senator, Representatives and
Commissioners. As chief operating officer for Collier County public
schools, I'm speaking today for Superintendent Ray Baker, who is in a
school board meeting at this time. And because of the time constraints
I know you have, I'll be brief and to the point.
The district has reviewed House Joint Resolution 7089, and our
review indicates that the implementation of this bill would be
detrimental to the school district and ultimately to the children of
Collier County.
In particular, I'm speaking to the strong possibility of substituting
sales tax for ad valorem tax. This bill, as we understand it, would
result in a significant amount of decreased funding to the district,
which, in turn, would negatively affect our programs as well as
teacher recruitment and retention efforts.
In addition, we've got very serious concerns about basing funding
on sales tax, an un -- and unstable, and thus unreliable, revenue
source. We certainly understand and share the concern for property
tax relief but believe that this bill would be detrimental to education.
We join Collier County officials in encouraging you to vote to
defeat this bill. Thank you very much.
CHAIRMAN COLETTA: Thank you.
MS. FILSON: Michael Brown.
CHAIRMAN COLETTA: That's the last speaker?
MS. FILSON: Mr. Chairman, I have one additional speaker,
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April 10, 2007
Chet Hunt.
CHAIRMAN COLETTA: Thank you.
CHIEF BROWN: Members of the House, Senate and Collier
County Commissioners, my name is Mike Brown. I'm the fire chief in
North Naples. North Naples Fire Control and Rescue District
understands and acknowledges that there's a need for some type of
financial relief to the taxpayers in this state; however, House Bill 7001
and House Joint Resolution 7089, as amended, would have a
devastating financial effect on the districts, resulting in a dramatic
decrease in fire protection and suppression services to our residents.
While the amendment to House Joint Resolution 7089 excludes
special districts from the rollback provision, the portion of the bill that
exempts homestead properties from the property taxes are debilitating.
Eighty-three percent of the district's revenue is derived from ad
valorem tax.
The district collects no fees for fire suppression services. Our
millage rate is capped at one and cannot be increased without a vote of
the taxpayers. We have no ability to levy non ad valorem assessments
and no means to make up significant deficiencies and revenues
without seeking approval and referendum.
In this climate of taxpayers seeking relief, it is high unlikely that
any increases or new fees for services would be approved.
The proposed property tax reform would completely exempt
homestead properties from the property tax levied by fire --
independent fire districts, 34 percent of the ad valorem revenue from
the districts generated from the homestead properties. If these
property are exempted, the district would realize a 34 percent decrease
In revenue.
The costs to provide fire and emergency services are largely
personnel related. Our commodity is a service performed by our
professional firefighters. Personnel costs constituted 76 percent of the
district's general budget. The 34 percent reduction in revenue in the
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April 10, 2007
current year would result in a significant layoff of firefighter
personnel.
The layoffs necessarily due to dramatic revenue decreases would
directly affect the number of personnel available to fight fire and
provide emergency medical and rescue services to our residents. We
have no other significant cost to eliminate from the budget.
The 34 percent reduction is used -- is using the number of
homestead exempt properties today. Undoubtedly, once exempt from
all property taxes, the number will steadily increase. Eventually, a
vast majority of the district's property would be exempt from taxes
levied by the district and funding to the district would be significantly
reduced beyond the current 34 percent.
Increasing sales tax revenue is of little benefit to the district. We
have no ability to directly collect such revenues and would be entirely
dependent upon the county to disperse some of the additional sales tax
revenues to the districts.
Facing significant property tax revenue reductions of their own,
there's no assurances that the county would have the resources to
distribute even a small portion of the increased sales tax revenue to
our district.
Just like the independent fire districts, cities, counties will be
faced with emergency service personnel layoffs. The resulting
reduction in services may result in the loss of life and property. This
is not a threat, merely a statement of fact. Without funding, services
cannot be provided. Thank you very much.
MS. FILSON: Your final speaker, Mr. Chairman, is Chet Hunt.
MR. HUNT: Good evening, Mr. Commissioners,
Representatives and Senator Saunders. I'm representing the City of
Naples, and I'll be very brief. I'm here to express our concern also for
the proposed House Joint Resolution 7089.
Just to kind of, you know, put it in a nutshell, our revenues from
property tax in Naples is just over $19 million. It costs 16.5 to operate
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our police and fire department, so you can see the impact this would
have on the City of Naples.
Also, you know, I haven't seen a clear interpretation of some of
what I call the collateral damage that could occur from these proposals
that are bringing -- that the House is bringing forward. For instance,
our CRA districts in the county and in the city. We share the same
concerns.
Some of the other things, the caveats to these proposals, have
restrictions on them, you know, where it really begins to chip away at
the home rule concept such as making any kind of adjustments at the
local level that require unanimous approval. To me, that is hand tying.
You know, one person could hold up, you know, the progress and the
health of the community, and we are very concerned about those types
of caveats being added to these proposals.
So in short, I do want to thank you for all the hard work you're
doing up there, and I do concur, you know, wholeheartedly with
Commissioner Coy Ie, the approach that Senator Saunders is taking,
the one that's measured caution is certainly the way we should be
going. Thank you very much.
CHAIRMAN COLETTA: Thank you. And that was our last
speaker.
MS. FILSON: Yes, sir.
CHAIRMAN COLETTA: I appreciate you sticking with it.
We're about nine minutes past what we were trying for. We're going
to just have a few more minutes before we let you get on to your other
appointments.
Do you have any comments, does any representative or does
Senator Saunders have a comment they'd like to make at this time?
REPRESENT A TIVE RIVERA: Chairman? Chairman, can you
hear me?
CHAIRMAN COLETTA: Yes, sir.
REPRESENTATIVE RIVERA: David Rivera up here in
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April 10, 2007
Tallahassee again. I just wanted to recap a little bit on what the
perspective of the House has been throughout this debate because I
think it is important to note that statewide, for example, just since
1996, total property tax collections have increased about 150 percent,
and in just the past six years, property tax collections have increased
about a 100 percent; whereas, during that same period, Florida's
population has only grown about 25 percent.
The perspective of the House of Representatives is that need to
provide meaningful and comprehensive property tax relief to
Floridians. I think that's the perspective of the Senate. I think it's the
perspective of -- certainly the governor and of anyone who was
listening to the voters last year.
And while the Senate and House may differ on how we're going
to approach that, I think we both agree that we have to have property
tax relief for Floridians.
And one goal certainly that has been outlined in the House is that
when residents get their property tax bills next year, they're going to
be able to afford it because, ifthere ever is a crisis in Florida, it's the
notion that -- well, we've heard from a lot of our friends in the realtors'
association around the state that people are leaving Florida because
they can't afford the property taxes and businesses are shutting down
and moving out of Florida because they can't afford the property taxes,
and those are the businesses that employ many of the people that live
in these homes and that pay the property taxes either directly or
through a pass-through because they're renting and paying the
property taxes in their rent.
So I think we need to look at the whole picture and make sure
that we take into account all of those property taxpayers out there in
the State of Florida all over the state that are crying out for tax relief,
and hopefully we'll be able to come to some consensus working
certainly with our leaders at the -- in the cities and in the counties, but
we shouldn't let the property taxpayers be left out of this equation.
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April 10, 2007
CHAIRMAN COLETTA: We appreciate that very much,
Representative.
COMMISSIONER COYLE: Mr. Chairman?
CHAIRMAN COLETTA: Is there any other representative that
would like to speak at this time or Senator?
MR. SAUNDERS: Let me just -- this is Burt Saunders again. I
agree in part with what Representative Rivera has indicated. He
indicated that we need to have property tax relief for Floridians, and I
can assure you that the Senate is desirous of accomplishing that. And
I'm confident that we will work through this after we get our bill out
and the House gets its bill out. We'll go into conference on this issue.
And I think we're going to come up with something that will be
comprehensive.
But as I said before, I'm also confident that we're not going to
disrupt the operations oflocal governments. We're not going to create
a situation where firefighters have to be left -- let go or police officers
have to be let go. We're simply not going to do that. And so I think
we'll get relief, but it's going to be measured and it's going to be
reasonable.
CHAIRMAN COLETTA: Thank you, Senator.
REPRESENTATIVE DAVIS: Commissioner Coletta, this is
Mike Davis. I think we lost you for a moment there, but we're back
on the line with you all here in my office.
CHAIRMAN COLETTA: Thank you. We're glad you joined us
again. We're having a very interesting conversation. Right now I still
have three commissioners that would like to speak. I apologize if this
is running a little long.
REPRESENTATIVE RIVERA: We're glad to be with you, and
we appreciate the time you're spending with us. We know that -- I
think you all finished your work earlier today, so to have you back in
the evening -- I guess you get overtime, right?
COMMISSIONER FIALA: Yeah, right.
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April 1 0,2007
CHAIRMAN COLETTA: Time and a half.
REPRESENTATIVE RIVERA: Okay. Fair enough. No, we
look forward to your points and your discussion.
CHAIRMAN COLETTA: I'm going to go to Commissioner
Fiala now, then Commissioner Halas, then Commissioner Coyle.
COMMISSIONER FIALA: To all legislators, one of the things
that concerns me about the sales tax -- and I'm only judging now from
our rate of return on the gas tax, and that is, when our sales tax goes
up to Tallahassee before it then comes back down to be distributed
here, how much of it do we lose?
You know, not only are we going to be losing our ad valorem tax
but -- to a great degree, but then the sales tax that's supposed to be
made up for it, part of it stays back in Tallahassee as somewhat of a
carrying charge, and so that concerns me as well.
CHAIRMAN COLETTA: Thank you.
Commissioner Halas?
COMMISSIONER HALAS: Yes. All the legislatures (sic) and
the senator that's online -- Senator Saunders, this is basically directed
to you because of the fact that you had prior experience as a county
commissioner down here in Collier County.
SENATOR SAUNDERS: Yes. I still have recurring nightmares
from that.
COMMISSIONER HALAS: And I think that you understand
that the -- our funding and our budget is very well-scrutinized down
here by not only staff and not only us, but also the Productivity
Committee and there's other committees that overlook -- look over our
shoulder in regards to the budget.
I think one of the areas that you hit upon, and that's where people
are being taxed for highest and best use.
One of the other concerns that I have, and I think it's the -- what
causes people to move out of Florida, is the fact that it's maybe not so
much property taxes, but I really believe it's insurance. It affects not
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April 10, 2007
only the people who are not residents here in Florida, but even the
residents that have been here a number of years.
I know that -- so I think that's one of our biggest concerns, and I
hope that -- eventually that the insurance will be addressed in -- up
there in Tallahassee because I believe this is one of their real pitfalls,
and I hope that it can be addressed in the future.
CHAIRMAN COLETTA: And Commissioner --
SENA TOR SAUNDERS: Well, Commissioner Halas, there are
additional measures this year dealing with property casualty
insurance, and I think that's going to be one of those -- one of those
issues that we're going to be dealing with for a number of years.
But I agree with you, I think that's probably -- of the two
problems in terms of the cost, that's probably the bigger of the two, but
we still have to control the increases in ad valorem taxes. I think we
all agree with that.
COMMISSIONER HALAS: Right.
CHAIRMAN COLETTA: Okay. We're going to go to
Commissioner Coyle now, then that's going to basically wrap it up
unless there's someone that would like to add some further comments
from your side of the House.
COMMISSIONER COYLE: Very quickly. I would like to urge
you to consider other causes of tax increases or tax relief other than
comparing it with the rate of population growth. That simply is not a
valid method of determining how much properties taxes should
Increase.
For example, in -- just three years ago it cost us $3 million to
build a lane mile of new road, today it costs us $6 million, and we're
expecting $10 million next year per lane mile.
The cost of construction has increased, the cost of land has
increased, and that's the reason that property taxes have increased
because the assessments have increased. It's not because the county
governments are assessing larger millage rates. That certainly is not
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April 10, 2007
the case in Collier County.
As far as tax relief is concerned, homesteaded property owners
have had tax relief since Save Our Homes was passed. It's a
wonderful tax relief program and it should not be abandoned.
The retail and commercial property owners have gotten hit very,
very hard because the values of their property have increased, not
because of the ad -- the property tax levies.
So -- and by the way, the taxpayers are paying those costs
because the costs are being transferred to the general population
through additional prices for services and products.
So the question is, who are we going to provide the tax relief for?
We're not going to be providing the tax relief for the homesteaded
properties because they've had tax relief. Who are we really trying to
serve here?
And I don't know that I've had a good answer to that question,
but I'll leave that up to the debate between the Senate and the House,
and I hope you consider the fact that people are paying higher taxes
because their property is more valuable. That's the way the process
works.
CHAIRMAN COLETTA: Thank you, Commissioner Coyle.
Gentlemen, if I may suggest, you're halfway through your
legislative session now, and with another -- I believe it's a little less
than four weeks to go -- possibly in the last week when everything is
starting to be finalized, maybe we might be able to arrange another
one of these conference calls to be updated by you, and then we'll
always plan for a legislative meeting afterwards to get a total
breakdown when everything's all over, everything's done with, have a
get-together where we can dissect it and figure out exactly where we
stand.
We do appreciate the time you gave us this evening and the great
job you're doing up there in Tallahassee. Be assured that we're here to
try to help you get the job done right any way that we can.
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April 10, 2007
Thank you very much.
REPRESENT A TIVE DAVIS: Chairman Coletta, Mike Davis
here. I thought -- I think Representative Rivera had a comment or
two, and then maybe -- I don't know if any of my colleagues on the
House side wanted to -- had any closing thoughts to share with you
before we close it up.
We appreciate the time you've spent with us as the delegation up
here in Tallahassee, and the exchange of ideas.
But let me turn the -- turn it over to Representative Rivera, and
then we'll ask if any of the other House members want to have a
comment, if that's okay with you.
CHAIRMAN COLETTA: Thank you, Mike.
REPRESENT A TIVE RIVERA: Thank you very much,
Chairman. Just a couple of quick comments on a couple points that
were made in terms of the -- Commissioner Fiala mentioned about the
gas taxes and the return and sometimes how some counties don't get
their fair share of tax relief, or in terms of the revenues, the -- I think
one of the good -- positive aspects of the House plan is the fact that it's
a county-by-county option, and whatever the county -- each county
decides to do in terms of swapping property tax relief for any
equivalent increase in the sales tax, whether it be a penny or penny
and a half, that will -- all of those revenues will offset and stay within
each singular county.
I think it's also important to note that on the issue of taxes versus
insurance, insurance costs are one of those that are a little more
complicated to control by government because, of course, in America,
you know, and in Florida, we certainly have a marketplace of
insurance providers, and it's not government controlled, whereas,
property taxes is something that we all can completely and wholly
control within our purview and it's something that we can determine
by our own legislative or by commission actions.
In terms of the Save Our Homes plan that was mentioned earlier,
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April 10, 2007
there are a lot of inequities involved with Save Our Homes. When we
talk about property tax relief, we want to provide property tax relief
across the board. We want to provide property tax relief to
homeowners that are trapped in their homes, we want to provide
property tax relief to homeowners that have inequities because their
neighbor is a homeowner but is paying a wildly differing property tax
bill than maybe they are because of the inequities associated with
Save Our Homes.
We want to provide tax relief to renters and people that don't own
property, and we want to provide tax relief to commercial folks and
make sure everybody can receive across-the-board, comprehensive,
meaningful tax relief, and anything -- whatever level that relief might
entail in the end, we're certainly open to suggestions.
I guess one of the pitfalls of always coming out with your plan
and actually putting it on paper is that you're actually able to see
numbers, and the House has done that. We're -- and we've been able
to show every county what exactly the impact of our tax plan would
be and everyone is able to see the numbers.
No one has been able to put those numbers out, and we would
certainly welcome seeing exactly what the numbers would be and
what the impact would be on every county for whatever plan anybody
might come up with because we're looking for relief, the Senate's
looking for property tax relief, the governor wants property tax relief,
and I'm sure all of our county commissioners and city councilmen
across the state want property tax relief. We're the first ones that
actually put numbers to the goal of property tax relief, but we
certainly welcome any ideas in terms of what the numbers should be,
what exactly should the numbers be on property tax relief for
homeowners' across the state.
CHAIRMAN COLETTA: Thank you. Is there anyone else?
REPRESENTATIVE DAVIS: And I would request -- I don't
know if Representative Richter or Representative Williams are still on
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April 10, 2007
the line, if they've got any comments.
REPRESENT A TIVE WILLIAMS: No I'm good here. This is
Representative -- this is Trudy Williams. I'm just here to listen and
make like a sponge.
Thank you, Representative Davis.
REPRESENTATIVE RICHTER: Thank you, Mike. This is
Garrett Richter. I'd like to extend my appreciation to my colleagues in
Tallahassee and my neighbors in Collier County and the Board of
Commissioners.
It strikes me -- as you all know, I'm relatively new in this
process, and I can tell you that my observation is the process is
working. The fact that we're having this discussion tonight here at 10
to seven on a Tuesday night, having a discussion that is solely directed
at reducing taxes.
We're not talking about reducing taxes right now. We're talking
about reducing -- whether or not we're going to reduce taxes, we're
talking about how much and how, and that -- and that is good.
And I think we -- I think the House of Representatives drew an
extremely exciting starting line as I said to you, Commissioner Halas,
the other day before I left for Pennsylvania here. I think it's a -- I
think it's a good starting line.
I think the discussion is going to be healthy. I think the bottom
line, the citizens of Florida are going to get some tax relief, as is
advocated by the governor and the Senate and the House, and I'm glad
to be a part of this discussion and I'm glad it's taking place.
REPRESENTATIVE DAVIS: Thank you, on behalf of the
House members. I'd just reiterate what Representative Richter said,
Chairman Coletta, that we appreciate the time we've all spent together
this evening, and it's been good. It's been healthy to do, and we look
forward. We can work together to maybe circle back around.
As we get to the last couple of weeks of session, it becomes
increasingly difficult to spend this amount of time, particularly to get
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April 10, 2007
this many of us peeled away, as I know you can appreciate, but
certainly we would welcome you all up here to visit with us and be
part of what's going on.
I know -- I know that Commissioner Henning is going to come
up next week and work on some issues. He and I have been talking a
lot about possibility of new funding sources for local government as it
relates specifically to infrastructure, which is kind of a set-aside from
this discussion, but certainly important when we think about all the
roads and everything that we have to build out in our communities.
So we'll certainly welcome our continued discussion and your
participation and your visits up here with us.
CHAIRMAN COLETTA: Thank you, sir. We appreciate it.
You have a nice evening.
SENATOR SAUNDERS: All right. Good night, gentlemen.
REPRESENT A TIVE DAVIS: Thank you. Thank you very
much.
SENATOR SAUNDERS: And lady.
COMMISSIONER FIALA: Good night.
COMMISSIONER HALAS: Good night, and thank you for your
time, all of you. Thank you very, very much.
CHAIRMAN COLETTA: Well, I guess that's it.
COMMISSIONER COYLE: That's it for me.
CHAIRMAN COLETTA: We're adjourned.
****Commissioner Halas moved, seconded by Commissioner Coyle
and carried unanimously (except for Item # 16F3 w/Commissioner
Halas opposing), that the following items under the Consent and
Summary Agendas be approved and/or adopted (Commissioner Fiala
absent) ****
Item #16Al
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April 10, 2007
GRANT FINAL APPROVAL OF THE ROADWAY (PRIVATE)
AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF
"CARDINAL COVE AT FIDDLER'S CREEK". THE ROADWAY
AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y
MAINT AINED
Item #I6A2
FINAL ACCEPTANCE OF THE WATER AND SEWER
FACILITIES FOR SUMMIT PLACE IN NAPLES, PHASE 1
Item #16A3
RESOLUTION 2007-78: GRANT FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF "VERONAWALK TOWNHOMES
PHASE ONE". THE ROADWAY AND DRAINAGE
IMPROVEMENTS WILL BE PRIVATELY MAINTAINED
Item #I6A4
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR FOREST GLEN, PHASE I A
Item #16A5
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR FOREST GLEN, PHASE IB
Item #16A6
APPROVE FOR RECORDING THE FINAL PLAT OF
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April 10, 2007
"MANCHESTER SQUARE UNIT 1 "
Item #16A7
APPROVE FOR RECORDING THE FINAL PLAT OF "LIPARI-
PONZIANE TRACT GC-5 REPLA T"
Item #16A8
THE RELEASE AND SATISFACTIONS OF LIEN FOR
PAYMENTS RECEIVED FOR THE FOLLOWING CODE
ENFORCEMENT ACTIONS: KITE KING'S LAKE, LLC AND
CRICKET LAKE APARTMENT, LLC - AT A COST OF $20 TO
RECORD THE SA TISF ACTIONS OF LIEN
Item #16B 1
TWO (2) ADOPT -A-ROAD PROGRAM AGREEMENTS WITH
FOUR (4) RECOGNITION SIGNS AT A_TOTAL COST OF
$300.00 - W/THE BLACK BEAR ROAD GROUP AND GABE
THE GRANITE GUY
Item # l6B2
AWARD BID #07-4119 "LIVINGSTON ROAD PHASE 1,2,3,
AND 5 GROUNDS MAINTENANCE" TO COMMERCIAL LAND
MAINTENANCE AT A BASE AMOUNT OF $359,596.10.
(PROJECT #600714, #620715, AND #650414)
Item #16B3
RESOLUTION 2007-79: THE CHAIRMAN OF THE BOARD OF
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April 10, 2007
COUNTY COMMISSIONERS TO EXECUTE THE SHIRLEY
CONROY RURAL AREA CAPITAL EQUIPMENT SUPPORT
GRANT AND THE APPLICABLE DOCUMENTS, AND TO
ACCEPT THE GRANT IF A WARDED - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16B4
A BUDGET AMENDMENT IN THE AMOUNT OF $6,697 FROM
LIVINGSTON ROAD (RADIO ROAD TO PINE RIDGE ROAD),
PROJECT #600714 TO RECOGNIZE UNANTICIPATED
REVENUE FOR FY 2007 - FROM THE DEVELOPER (PHOENIX
ASSOCIA TES) IN LIEU OF BEING RESPONSIBLE FOR
LANDSCAPING IN THE RIGHT-OF-WAY
Item #16B5
A FUNDING CHANGE AND BUDGET AMENDMENT TO
MOVE THE GOODLETTE FRANK ROAD LANDSCAPE
PROJECT FROM GAS TAX FUND IN THE AMOUNT OF
$896,896 THAT WAS APPROVED BY THE BCC ON JANUARY
23, 2007 TO BE FUNDED FROM THE GENERAL FUND
Item # 16B6
TO ENDORSE A PROJECT APPROACH FOR REPLACEMENT
OF FAILING STORMWATER PIPES OF THE EGRET AND
MOCKINGBIRD LAKE PIPE SYSTEM IN THE PINE RIDGE
SUBDIVISION (PROJECT #510252) INCLUDING ACCEPTANCE
OF TWO (2) DONATED DRAINAGE EASEMENTS AND
REIMBURSEMENT TO THOMAS AND SANDRA MORAN FOR
CONSTRUCTION AND MATERIAL COST ASSOCIATED WITH
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April 10, 2007
ONE PIPE INSTALLATION ESTIMATED TO BE $52,800 - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item # l6C 1
A WARD WORK ORDER BE-FT-3785-07-02 WITH BOYLE
ENGINEERING CORPORATION, FOR PROFESSIONAL
SERVICES FOR THE WEST WINDS POTABLE WATER
SYSTEM REHABILITATION IN THE AMOUNT OF $298,960
(PROJECT #710102) - SERVING OVER 700 CUSTOMERS
Item # l6C2
AWARD BID #07-4087 TO CREEL TRACTOR OF FORT MYERS
FOR THE PURCHASE OF TWO (2) SKID STEER LOADERS IN
THE AMOUNT OF $73,540
Item # 16C3
AWARD WORK ORDER #MS-FT-3535-07-0l UNDER THE
ANNUAL CONTRACT FOR UNDERGROUND UTILITY
CONTRACTING SERVICES #04-3535 TO MITCHELL & STARK
CONSTRUCTION CO., INC., IN THE AMOUNT OF $429,900
FOR THE REPLACEMENT OF A CAUSTIC TANK AND THE
ADDITION OF A BLEACH TANK AT THE NORTH COUNTY
REGIONAL WATER TREATMENT PLANT (NCR WTP), AND
TO AUTHORIZE A BUDGET AMENDMENT IN THE AMOUNT
OF $104,895 (PROJECT NUMBER #700953) - USED FOR THE
ODOR CONTROL PROCESS AND CORROSION CONTROL
Item #1601 - MOVED TO ITEM #100
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April 10, 2007
Item # l6D2
THE GRANT A WARD FROM NATIONAL FISH AND WILDLIFE
FOUNDATION IN THE AMOUNT OF $132,196 FOR THE
COLLIER COUNTY SEA TURTLE DISORIENTATION
PREVENTION PLAN AND PROCEED WITH DEVELOPMENT
OF AN INTER-LOCAL AGREEMENT WITH THE CITY OF
NAPLES AND APPROVE ANY NECESSARY BUDGET
AMENDMENTS - AT BEACH ACCESS POINTS
Item # 1 6D3
SUMMER FOOD SERVICE PROGRAM GRANT IN THE
AMOUNT OF $761,000 FOR FY 2007 - STATE TO REIMBURSE
THE COUNTY 100% OF EXPENSES - TO PROVIDE FREE
MEALS FOR CHILDREN LIVING IN DISADVANTAGED
NEIGHBORHOODS
Item #16El
REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS
AND CHANGES TO WORK ORDERS TO BOARD-APPROVED
CONTRACTS - FISCAL IMPACT TOTALING $674,278.70 TO
THE CONTRACTS AND $178,574.93 TO THE WORK ORDERS
FOR THE PERIOD OF FEBRUARY 21,2007 THROUGH MARCH
19,2007
Item # 16E2
AWARD OF CONTRACT NO. 07-4103 "COUNTY MAIL
CENTER OPERATIONS AND DELIVERY SERVICES" TO
MAILBARCODING INVESTMENTS OF SOUTHWEST
Page 160
April 10, 2007
FLORIDA, LLC D/B/A MAILBARCODING SERVICES OF SWFL
ESTIMATED AT $81,000 ANNUALLY - FOR MAIL SERVICE
CONSOLIDATING AND DELIVERY FOR THE COUNTY'S
INTERNAL AND EXTERNAL PRODUCTS
Item #16Fl
A FY 06 ASSISTANCE TO FIREFIGHTERS GRANT
AGREEMENT FROM THE U. S. DEPARTMENT OF
HOMELAND SECURITY OFFICE FOR DOMESTIC
PREPAREDNESS FOR REPLACEMENT OF OBSOLETE OLD
SELF -CONTAINED BREATHING APP ARA TUS, APPROVE THE
PURCHASE OF AIRP ACKS AND RELATED EQUIPMENT FOR
A TOTAL COST OF $68,180.66, AND APPROVE THE
NECESSARY BUDGET AMENDMENTS - FOR THE ISLES OF
CAPRI FIRE AND RESCUE
Item # 16F2
MODIFICATION TO THE FISCAL YEAR 2007 EMERGENCY
MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT
ACCEPTING $42,031 AND APPROVE A BUDGET
AMENDMENT TO RECOGNIZE AND APPROPRIATE THE
REVENUE - FOR SALARIES AND BENEFITS
Item # 16F3
RESOLUTION 2007-80: SUPPORTING PASSAGE OF FLORIDA
SENATE JOINT RESOLUTION 436 TO PROHIBIT OFFSHORE
OIL DRILLING WITHIN 250 MILES OF THE FLORIDA
COASTLINE - COMMISSIONER HALAS OPPOSED
Page 161
April 10, 2007
Item #16Gl
SITE IMPROVEMENT GRANT AGREEMENT(S) BETWEEN
THE COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY AND A GRANT APPLICANT(S) WITHIN THE
BA YSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AREA - LOCATED AT 1701 BAY STREET
Item #16Hl
COMMISSIONER HALAS' REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE MEDICARE HEALTH SUPPORT
OPEN HOUSE AT NORTH COLLIER REGIONAL PARK, 15000
LIVINGSTON ROAD, ON MARCH 30, 2007. $3.00 TO BE PAID
FROM COMMISSIONER HALAS' TRAVEL BUDGET
Item #16H2
COMMISSIONER HALAS'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDING THE MICKEY BIONDO SPEAKER
SERIES LUNCHEON AT THE CLUB PELICAN BAY ON APRIL
20,2007. $16.00 TO BE PAID FROM COMMISSIONER HALAS'
TRAVEL BUDGET
Item # 1 6H3
COMMISSIONER HALAS'S REQUEST FOR REIMBURSMENT
FOR A TTENDANCE AT A FUNCTION SERVING A VALID
PUBLIC PURPOSE. ATTENDED THE PHILHARMONIC 25TH
ANNIVERSARY GALA DINNER AT THE RITZ CARLTON IN
Page 162
April 10, 2007
NAPLES, FLORIDA ON MARCH 31, 2007. $243.00 TO BE PAID
FROM COMMISSIONER HALAS' TRAVEL BUDGET-
RECOGNIZING MYRA JANCO DANIELS DAY ON MARCH 31,
2007
Item #16H4
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE ANNUAL ISLES OF CAPRI
PICNIC ON SATURDAY, MARCH 24,2007; $15.00 TO BE PAID
FROM COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16H5
COMMISSIONER FIALA REQUESTS BOARD
REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING
A VALID PUBLIC PURPOSE. ATTENDED THE KEY PRIVATE
BANK RECEPTION FEATURING COLIN POWELL ON MARCH
23,2007, AT THE ALICO ARENA; $25.00 TO BE PAID FROM
COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16H6
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE MARCO ISLAND KIWANIS CLUB
BLUE GRASS FESTIVAL ON MARCH 24,2007; $10.00 TO BE
P AID FROM COMMISSIONER FIALA'S TRAVEL BUDGET -
HELD AT CIVIL AIR PATROL THE HANGER OFFF MAIN SAIL
DRIVE
Page 163
April 10, 2007
Item # 16H7 - WITHDRAWN
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. WILL ATTEND THE EDISON & FORD ESTATE "AN
INCANDESCENT EVENING" ON APRIL 19,2007; $5.00 FUNDS
TO BE PAID FROM COMMISSIONERS TRAVEL BUDGET
Item #16H8
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE PHYSICIANS REGIONAL "THE
FLIGHT TO FASHION" STYLE SHOW FUNDRAISER ON
MARCH 31, 2007 AT THE MI MARRIOTT HOTEL; $35.00 TO
BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET
- LOCATED AT 4005 COLLIER BLVD., MARCO ISLAND
Item #16H9
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. WILL ATTEND THE MARCO ISLAND MARRIOTT
REDEDICATION EVENT ON APRIL 17,2007; $40.00 TO BE
P AID FROM COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16I1
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR
REFERRED:
THE FOLLOWING MISCELLANEOUS CORRESPONDENCE, AS
Page 164
April 10, 2007
PRESENTED BY THE BOARD OF COUNTY COMMISSIONERS,
HAS BEEN DIRECTED TO THE VARIOUS DEPARTMENTS AS
INDICATED:
Page 165
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
April 10, 2007
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
A. Districts:
(1) Port of the Islands Community Improvement District: Minutes of
February 9,2007; Agenda for February 9,2007; Resolution 2007-1.
(2) Quarry Community Development District: Minutes of November 15,
2006; Agenda for November 15, 2006.
B. Minutes:
(1) Golden Gate Community Center Advisory Committee: Agenda for
February 5, 2007; Minutes of January 2, 2007; Meeting Schedule for
2007.
(2) Golden Gate M.S.T.U. Advisory Committee: Agenda for February 13,
2007; Minutes of January 9, 2007.
(3) Forest Lakes Roadwav and Drainaqe M.S.T.U. Advisory Committee:
Agenda for February 14, 2007; Minutes of January 10, 2007.
(4) Isles of Capri Fire/Rescue Advisory Board: Agenda for February 1,
2007; Minutes of February 1,2007.
(5) Bavshore/Gatewav Trianqle Local Redevelopment Advisory Board:
Agenda for January 3, 2007; Minutes of January 3, 2007.
(6) Pelican Bav Services Division Board: Agenda for February 14, 2007
Workshop; Agenda for February 7, 2007 Regular Session; Minutes of
January 3, 2007 Regular Session; Minutes of January 4, 2007
Workshop.
R\DA T A \FRONT DESK - 2007\2007 Miscellaneous Correspondence\041 007_ mise _ corr.doc
(a) Clam Bav Permit Issues Work Group: Minutes of January
11, 2007 Workshop.
(b) Budqet Committee: Agenda for February 21,2007; Minutes
of November 16, 2006.
(7) Contractor's Licensinq Board: Agenda for February 21,2007.
(8) Hispanic Affairs Advisory Board: Agenda for November 30, 2006;
Minutes of November 30,2006.
C. Other:
(1) Productivity Committee: Agenda for November 15, 2006; Minutes of
November 15, 2006; Agenda for December 20, 2006; Minutes of
December 20,2006; Agenda for January 17, 2007; Minutes of
January 17, 2007; Agenda for February 1, 2007; Minutes of February
1,2007; Agenda for February 21,2007; Minutes of February 21,
2007.
(a) Value Enqineerinq Subcommittee: Minutes of December 15,
2006; Minutes of January 30,2007.
R\DA T A \FRONT DESK - 2007\2007 Miscellaneous Correspondence\041 007_ mise _ corr.doc
April 10, 2007
Item # 1611
DISBURSEMENTS FOR THE PERIOD OF MARCH 17,2007
THROUGH MARCH 23, 2007 AND FOR THE SUBMISSION
INTO THE OFFICIAL RECORDS OF THE BOARD
Item # 16J2
DISBURSEMENTS FOR THE PERIOD OF MARCH 24, 2007
THROUGH MARCH 30, 2007 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item # 1613
AMEND COLLIER COUNTY ORDINANCE NO. 78-56 AND
COLLIER COUNTY ORDINANCE NO. 87-16, AS AMENDED,
TO AMEND THE ORDINANCES' DEFINITION OF
"ALCOHOLIC BEVERAGES," AND TO SPECIFY THAT
WITNESS TESTIMONY IS VALID TO PROVE ALCOHOLIC
BEVERAGE VIOLATIONS
Item #16Kl
MAKING OF AN OFFER OF JUDGMENT TO RESPONDENT,
ALI R. GHAHRAMANI MD INVESTMENT LIMITED
PARTNERSHIP, FOR PARCELS 815 AND 915 IN THE AMOUNT
OF $21,287.00 IN THE LAWSUIT STYLED COLLIER COUNTY V
COLONNADE ON COLLIER BLVD. LLC, ET AL., CASE NO. 05-
109I-CA (SOUTH COUNTY REGIONAL WATER TREATMENT
WELLFIELD PROJECT #70892). (FISCAL IMPACT: $15,537.00)
- ON THE EAST SIDE OF CR 951
Page 166
April 10, 2007
Item # 16K2
MEDIA TED SETTLEMENT AGREEMENT AND STIPULATED
FINAL JUDGMENT FOR PARCELS 708 AND 808 IN THE
LA WSUIT STYLED COLLIER COUNTY V NAPOLI LUXURY
CONDOMINIUMS Po.A., INC, ET AL., CASE NO. 06-1299-
CA(COUNTY BARN ROAD PROJECT NO. 60101) FISCAL
IMP ACT $64,465
Item # 16K3
RATIFY AUTHORIZATION FOR THE COUNTY ATTORNEY
TO FILE A LAWSUIT, ON BEHALF OF THE BCC, AGAINST
THE ESTATE OF OMAR FERNANDEZ, DECEASED, &
PATRICIA GOMEZ, INDIVIDUALLY & AS PERSONAL
REPRESENTATIVE, TO RECOVER $7,465 IN EMS
TRANSPORT FEES - FOR HELICOPTER TRANSPORT FROM
AN ACCIDENT ON SEPTEMBER 10, 2006
Item #I6K4
THE STIPULATED FINAL JUDGMENT FOR PARCEL 840 IN
THE LAWSUIT STYLED COLLIER COUNTY V NANCY L.
JOHNSON PERRY, INDIVIDUALLY AND AS SUCCESSOR
TRUSTEE, ET AL., CASE NO. 03-2373-CA (GOLDEN GATE
PARKWAY PROJECT NO. 60027) (FISCAL IMPACT $4,330)
Item #16K5
A SETTLEMENT PRIOR TO COMPLETION OF DISCOVERY IN
THE LAWSUIT ENTITLED MITCHELL FAIRCHILD Vs.
COLLIER COUNTY FILED IN THE TWENTIETH JUDICIAL
Page 167
April 10, 2007
CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, CASE
NO. 06-270-CA, FOR $10,500
Item #17A
RESOLUTION 2007-81: PETITION A VESMT-2006-AR-10504,
PALAZZO VILLAGE, DISCLAIMING, RENOUNCING AND
VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST
IN A PORTION OF A FIFTEEN FOOT WIDE DRAINAGE
EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 1498,
PAGE 1042 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, AND MORE SPECIFICALLY DESCRIBED IN
EXHIBIT "A"
Item #17B
ORDINANCE 2007-35: PUDZ-2004-AR-692l, DWIGHT
NADEAU OF RWA, INC., REPRESENTING HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC., REQUESTING A
REZONE FROM RESIDENTIAL SINGLE-FAMILY DISTRICT
(RSF-4) TO RESIDENTIAL PLANNED UNIT DEVELOPMENT
(RPUD) TO BE KNOWN AS FAITH LANDING RPUD SUBJECT
TO THE APPROVAL OF AN AFFORDABLE HOUSING
DENSITY BONUS AGREEMENT FOR PROPERTY LOCATED
APPROXIMA TEL Y 1/8 MILE NORTH OF LAKE TRAFFORD
ROAD, APPROXIMA TEL Y 1/4 MILE SOUTH OF WESTCLOX
STREET EXTENSION, IN SECTION 32, TOWNSHIP 46 SOUTH,
RANGE 29 EAST, COLLIER COUNTY, FLORIDA-
CLARIFICA TIONS WERE MADE TO THE RECORD
Item #17C
Page 168
April 10, 2007
ORDINANCE 2007-36: PUDZ-2006-AR-9716: 3301 WESTVIEW
DRIVE LLC AND 3375 WESTVIEW DRIVE LLC,
REPRESENTED BY D. WAYNE ARNOLD, AICP OF Q. GRADY
MINOR AND ASSOCIATES, P.A., A REZONE FROM THE
INDUSTRIAL (I) ZONING DISTRICT TO THE COMMERCIAL
PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT
FOR A PROJECT TO BE KNOWN AS LIEBIG CPUD. THE
SUBJECT PROPERTY, CONSISTING OF 4.3+ ACRES, IS
LOCATED ON THE NORTHEAST CORNER OF AIRPORT
ROAD (C.R. 31) AND WESTVIEW DRIVE, IN SECTION 1,
TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY
FLORIDA
Item #170 - MOVED TO ITEM #8C
Item #17E
ORDINANCE 2007-37: ENACTING THE ORDINANCE,
RECOMMENDED BY SHERIFF HUNTER, TO ESTABLISH
POLICY REGARDING PHYSICAL SEPARATION AT
EMERGENCY SHELTERS BETWEEN POTENTIAL SEX CRIME
VICTIMS AND SEXUAL PREDATORS AND SEXUAL
OFFENDERS; PROVIDING FOR CONFLICT AND
SEVERABILITY, INCLUSION INTO THE CODE OF LAWS AND
ORDINANCES, AND THE EFFECTIVE DATE
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 6:55 p.m.
Page 169
April 10, 2007
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
~~/~
JIM ck5LETT A, Chairman
ATTEST: <,I
DWIGHT E.BR..oCK, CLERK
These minutes approved by the Board on
presented ~ or as corrected
sir ~7
/ I
, as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 170