BCC Minutes 05/08/2007 R
May 8, 2007
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, May 8, 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" ofthe Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: Jim Coletta
Tom Henning
Frank Halas
Fred W. Coyle
Donna Fiala
ALSO PRESENT:
Jim Mudd, County Manager
David Weigel, County Attorney
Crystal Kinzel, Office of the Clerk of Court
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
May 8, 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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May 8, 2007
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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 VERBA TIM 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 AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
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. April 10, 2007 - BCC/Regular Meeting
C. April II, 2007 - BCC/ Annexation Meeting
D. April 12,2007 - BCC/District I Town Hall Meeting
E. April 16, 2007 - BCC/Airport Authority Workshop
F. April 16, 2007 - BCC/EDC Workshop
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
4. PROCLAMATIONS
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A. Proclamation designating the week of May 6 - May 12,2007 as National
Nurses Week 2007 to encourage all residents of this community to join in
honoring the nurses who care for all of us. To be accepted by the Nursing
Excellence Committee of the Florida Nurses Association, on behalf of all
nurses of Collier County: Ms. Judith Nuland, MSN, RN; Ms. Lynn Peiffer,
ARNP; and Ms. Louise Steward, MSN, RN.
B. Proclamation designating April 28 - May 6, 2007 as National Safe Kids
Week to support the efforts and activities of Lee County Safe Kids Coalition
to prevent childhood injury. To be accepted by Mr. Mark Tesoro, Lee
County Safe Kids Coalition Coordinator, Injury Protection Program, Lee
County Health Department. (Mr. Tesoro will bring a "life ring" and has
requested that it be signed by the Commissioners to support the State of
Florida's drowning prevention initiatives).
C. Proclamation designating the month of May, 2007 as Supervised Visitation
Awareness Month to promote community involvement, to raise awareness,
and educate parents and caregivers to assist adult and child victims of
domestic violence and to address the need for safe visitation and exchange.
To be accepted by Ms. Gail Tunnock, Child Protection Team of Collier
County and Marcy Krumbine, Director, Collier County Housing and Human
Services.
D. Proclamation designating May 14-18,2007 as National Bike to Work Week
and the entire month of May, 2007 as National Bike Month to honor
bicyclists and to encourage every citizen of Collier County to ride a bike to
school, work, or shopping, and join fellow residents in sharing this healthy
and pollution-free form of transportation. To be accepted by representatives
from the Naples Pathways Coalition, Inc. and Collier County Department of
Transportation.
E. Proclamation proclaiming May 13-19, 2007, as National Transportation
Week. To be accepted by: Norman Feder, Jay Ahmad, Bob Tipton, Gene
Calvert, Nick Casalanguida, Diane Flagg and John Vliet.
5. PRESENTATIONS
A. Presentation by Tammie Nemecek, Economic Development Council,
regarding the Collier County Housing Stimulus Program
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B. Presentation by Better Roads, Inc. on 6-laning of Collier Boulevard from
Immokalee Road to Golden Gate Boulevard and the 4-laning of Tree Farm
Road east of Collier Boulevard (Project No. 65061).
6. PUBLIC PETITIONS
A. Public petition request by Ann B. Hall to discuss legalization of golf carts as
an alternative mode of transportation for the Isles of Capri Community.
Item 7 and 8 to be heard no sooner than 1:00 n.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. Recommendation that the Board of County Commissioners adopt an
Ordinance consolidating Ordinance No. 2005-55 (Collier County Code
Enforcement Board and Public Nuisance Abatement Ordinance), Ordinance
No. 1997-35 (Collier County Code Enforcement Citation Ordinance), and
Ordinance 2004-46 (Collier County Code Enforcement Special Master
Ordinance), in order to simplify the Code Enforcement process, and
establish affirmative defenses to certain alleged code violations.
B. Board Consideration of Adoption of a Proposed Ordinance Prohibiting
Certain Sexual Offenders and Sexual Predators from Establishing
Temporary or Permanent Residences within 2,500 feet of Specified
Locations such as Parks, Schools and Daycare Centers within the County
and Prohibiting Property Owners from Renting and/or Leasing All or
Portions of Real Property to them within the Proscribed Limits.
C. This item reauires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. Petition PUDEX-2006-
AR-9124: IMCollier Joint Venture, represented by Richard Yovanovich of
Goodlette, Coleman and Johnson, P.A., is requesting two 2-year extensions
of the Mirasol Planned Unit Development (PUD) from April 24, 2006 to
April 24, 2010. The subject PUD property, consisting of 1558 acres, is
located on the north side ofImmokalee Road immediately west of Collier
Boulevard in Sections 10, 15, and 22, Township 48 South, and Range 26
East, in Collier County, Florida. (This item is a companion to item 10F)
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9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Forest Lakes Roadway & Drainage
Advisory Committee.
B. Appointment of members to the Animal Services Advisory Board.
C. Appointment of members to the Collier County Coastal Advisory
Committee.
D. Appointment of members to the Collier County Utility Authority.
E. Appointment of members to the Habitat Conservation Plan Ad Hoc
Committee.
F. BCC Chairman potential mediation discussions with Mayor Bill Barnett
regarding Naples Bay Boat Speed Zones. (Commissioner Coletta)
10. COUNTY MANAGER'S REPORT
A. Recommendation to accept a report on the Road Maintenance Limerock
Road Conversion project in Collier County. (Norman Feder, Administrator,
Transportation Services)
B. Discussion with the Board of County Commissioners regarding the
Transportation Production Readiness (Discussion Purposes Only) 5 Year
Capital Work Program and the funding scenarios for the potential $182
Million Shortfall over 5 years. (Norman Feder, Administrator,
Transportation Services)
C. Recommendation to adopt a Resolution authorizing the condenmation offee
simple interests and/or those perpetual or temporary easement interests
necessary for the construction ofroadway, drainage and utility
improvements required for the four-lane and six-lane expansion of Oil Well
Road from Immokalee Road to Camp Keais Road. (Project No. 60044).
Estimated fiscal impact: $12,780,000.00 (Norman Feder, Administrator,
Transportation Services)
D. Recommendation to award Bid #07-4122 to Vanderbilt Bay Construction,
Inc. for the Naples Jail Improvement Project in the amount of
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$8,598,238.00. (Len Price, Administrator, Administrative Services)
E. Recommendation to approve an Agreement between the State of Florida,
Division of Emergency Management and Collier County accepting
$1,510,094 towards the construction of a new County Emergency
Operations Center (EOC) within the Emergency Services Center (ESC) and
approve the Budget Amendment necessary to recognize and appropriate
$1,510,094 as revenue.
F. Recommendation to approve a Developers Contribution Agreement with 1M
Collier Joint Venture (Developer) and Collier County (County) to design,
permit and construct roadway and intersection improvements at the
intersection of Collier Blvd. and Immokalee Road. (Project) (Norman Feder,
Administrator, Transportation Services) (This item is a companion to item
8C)
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
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water utility
facility for The School District Administrative Center.
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2) This item reauires 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 grant
final approval of the roadway (private) and drainage improvements
for the final plat of Quail West Phase III, Unit Four, the roadway and
drainage improvements will be privately maintained.
3) This item reauires 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 grant
final approval of the roadway (private) and drainage improvements
for the final plat of Quail West Phase III, Unit Six. The roadway and
drainage improvements will be privately maintained.
4) Recommendation to approve the Release and Satisfaction of Code
Enforcement Liens for payment received.
5) Recommendation to approve final acceptance of the water and sewer
utility facilities for VeronaWalk Town Homes, Phase One.
6) Recommendation to approve final acceptance of the water facility for
North Collier Hospital Parking Garage.
7) Recommendation to approve final acceptance of the water and sewer
utility facilities for Castlewood at Imperial.
8) Recommendation to approve final acceptance of the water utility
facility for Naples Walk, Phase 3.
9) Recommendation to approve an impact fee reimbursement for
Redlands Christian Migrant Association Immokalee Community
Charter School, totaling $40,187.76, for Building Permit Number
2005-123589 in accordance with Section 1002.33(18)(d), Florida
Statutes, which provides an exemption from the assessment of impact
fees for charter school facilities.
10) This item reauires 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 grant
final approval of the roadway (private) and drainage improvements
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May 8, 2007
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for the final plat of Independence Phase One. The roadway and
drainage improvements will be privately maintained.
B. TRANSPORTATION SERVICES
1) Recommendation to approve the budget amendment for the transfer of
funds to Project 66066. The funds are for the evaluation of the
existing conditions of five bridges in Collier County classified by the
Florida Department of Transportation (FDOT) Bridge Inspection
Program as structurally deficient and to make recommendations for
immediate action such as repairlrehabilitation, or replacement. Fiscal
Impact ($250,000.00)
2) Recommendation to approve DCA between Calusa Pines and Collier
County for ROWand comer of Tree Farm Road and Woodcrest Road.
3) Recommendation to approve an Easement Agreement for the purchase
of a Drainage, Utility and Pathway Easement, as well as the donation
ofa Temporary Construction Easement, required for the six-Ianing of
Collier Boulevard from US-41 to the Davis Boulevard (Capital
Improvement Element No. 33, Project No. 60001). Estimated fiscal
impact: $969,754.
4) Recommendation to approve the purchase of improved property
(Parcel Nos. 134 and 135) which is required for the construction of
the Vanderbilt Beach Road Extension project. Project No. 60168
(Fiscal Impact: $870,500)
C. PUBLIC UTILITIES
1) Recommendation to approve an agreement with Florida International
University (FlU) to assess the quality of sediments in Collier County
in the amount of$95,453.60.
2) Recommendation to request funding for six South Florida Water
Management District Alternative Water Supply Grants in the total
amount of $5,903,296 for the partial funding for the construction of
improvements to the County's public water supply system.
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D. PUBLIC SERVICES
1) Recommendation to approve and adopt the name Big Corkscrew
Island Regional Park for the planned regional park at Northeast Utility
Facility a.k.a. Orangetree Park.
2) Recommendation that the Board of County Commissioners approves,
and authorizes the County Manager to sign, a lien agreement with
Enrique and Fausta Antunez (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 195 Trail Ridge.
3) Recommendation that the Board of County Commissioners approves,
and authorizes the County Manager to sign, a lien agreement with
Roger Gutierrez and Sara Llorca (Owners) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 91 Trail Ridge.
4) Recommendation that the Board of County Commissioners approves,
and authorizes the County Manager to sign, a lien agreement with
Colbert Nicolas (Owner) for deferral of 100% of Collier County
impact fees for an owner-occupied affordable housing unit located at
Lot 152 Trail Ridge in Naples.
5) The Board of County Commissioners review and accept the corrective
action plan provided by the staff of the Housing and Human Services
Department, following the 2006 audit performed by KPMG.
6) Recommendation to approve U. S. Department of Housing and Urban
Development (HUD) requested changes to the existing Collier County
and the City of Marco Island Urban County Cooperation Agreement
for the administration of the Community Development Block Grant
(CDBG) program and submit the revised agreement to HUD.
7) Recommendation to approve U. S. Department of Housing and Urban
Development (HUD) requested changes to the existing Collier County
and the City of Naples Urban County Cooperation Agreement for the
administration of the Community Development Block Grant (CDBG)
program and submit the revised agreement to HUD.
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E. ADMINISTRATIVE SERVICES
1) Report and ratify Property, Casualty, Workers Compensation and
Subrogation Claims settled and/or closed by the Risk Management
Director pursuant to Resolution # 2004-15 for the second quarter of
FY 07.
2) That the Board of County Commissioners approve a budget
amendment to increase the FY07 Fleet Management Fund (521)
operating budget expenditures and associated revenues by $530,000.
3) Recommendation to approve Change #12 to Contract # 00-3173,
Design of the Courthouse Annex with Spillis Candela DMJM, to re-
configure the design of the second and third floors of the new
Courthouse Annex (Project No. 52533) to accommodate the current,
planned occupancy.
4) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
5) Recommendation to approve conveyance of Easements to Florida
Power & Light Company, Comcast and Embarq for providing utility
services to the expansion of the Golden Gate Library at 2432 Lucerne
Road, at a cost not to exceed $55.50, Project 54261-1.
6) Recommendation to adopt a Resolution supporting H.R. 1023 and S.
777 repealing the imposition of withholding on certain payments
made to vendors by government entities imposed by Section 511 of
the Federal Tax Increase Prevention and Reconciliation Act of2005.
F. COUNTY MANAGER
1) Recommendation to approve and execute four License Agreements
for use ofWal-Marts parking lots to be used for disaster relief
supplies to the public.
2) Approve a Budget Amendment to increase funds to the Medical
Examiners Office in support of increased power demand for
renovations to odor control and air handling systems in the
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examination suites. ($42,000)
3) Recommendation to approve Memorandum of Understanding for
County emergencies between Collier County and Catholic Charities of
Collier County.
4) Recommendation to approve the renewal of a two-year contract with
HealthStream, Inc. to provide Distance Learning Software for Collier
County Emergency Medical Services at a cost of $36,400 per year for
a total of $72,800.
5) Recommendation to amend the Collier County Government Debt
Management Policy.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Cleveland Club "Spring Break" dinner on March 25, 2007 at the
Cypress Woods Golf & Country Club; $25.00 to be paid from
Commissioner Fiala's travel budget.
2) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the
Fifth Annual Tourism Week Awards Celebration on Wednesday, May
16,2007; $30.00 funds to be paid from Commissioner Fiala's travel
budget.
3) Commissioner Halas requests approval for reimbursement for
attending a function serving a valid public purpose. Attending the
2007 Paradise Coast Tourism Star Awards and 5th Annual Collier
County Tourism Week Celebration on May 16,2007 at The Ritz-
Carlton Golf Resort, Naples, Florida. $30.00 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 East
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Naples Civic Association Monthly Meeting/Luncheon at Carrabba's
Restaurant on April 19, 2007; $21.00 to 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
Marco Island Kiwanis Annual Crab Claw Dinner on Tuesday, April
17,2007 at the Isles of Capri Community Center; $20.00 to be paid
from Commissioner Fiala's travel budget.
6) Proclamation to designate May 10, 2007 as World Lupus Day to
increase awareness in communities worldwide of the debilitating
impact oflupus. Proclamation will be mailed to Mr. Joshua M. Estrin,
Executive Director of the Lupus Foundation of America. He will not
be present to accept.
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 April 14,
2007 through April 20, 2007 and for submission into the official
records of the board.
2) To obtain board approval for disbursements for the period of April 21,
2007 through April 27, 2007 and for submission into the official
records of the board.
K. COUNTY ATTORNEY
1) Recommendation to Authorize the Making of an Offer of Judgment to
Respondent, Rose Somogi, for Parcels 123 and 823 in the Amount of
$39,000.00 in the Lawsuit Styled Collier County v. John J. Yaklich, et
a!., Case No. 03-2259-CA, Golden Gate Parkway Project #60027
(Fiscal Impact: $34,101.00 if offer is accepted).
2) Recommendation to approve an Offer of Judgment in the amount of
$36,250.00 as to Parcels 806 & 706 in the lawsuit styled Collier
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County v. James M. Brown, et a!., Case No. 06-0525-CA (Santa
Barbara Blvd. Project No. 62081). (Fiscal Impact if accepted:
$11,617.55)
3) Recommendation to Approve a Stipulated Final Judgment in the
Amount of$300,000.00 for the Acquisition of Parcel 181 in the
Lawsuit Styled Collier County v. Mary Lou Adsit, et a!., Case No. 04-
0506-CA (Vanderbilt Beach Road Project No. 63051). Fiscal Impact:
$150,550)
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. Request that the Board of County Commissioners adopt the attached
Ordinance, recommended by Sheriff Hunter, to amend Collier County
Ordinance No. 78-56 and Collier County Ordinance No. 87-16, as amended,
as codified in Chapter Six of the Collier County Code of Laws and
Ordinances, by amending the current definitions of "alcoholic beverages"
and to specify that opinion testimony is valid and sufficient to prove
violations; provide for conflict and severability, inclusion into the Code of
Laws and Ordinances, and effective date.
B. This item reauires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: SE-2006-AR-
9017, a Scriveners error to correct Resolution Number 2005-353 for V A-
2005-AR-7444, Terry and Charlotte Rhodes, to include the Section number
in the legal description. The subject property is located in Section 20,
Township 48 South, Range 27 East, Collier County, Florida.
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May 8, 2007
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C. This item reauires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: SE-2006-AR-
9016, a Scriveners error to correct approved Resolution Number 2005-401
for CU-2003-AR-3573, Independent Haitian Church of God, to correct the
Section, Township and Range numbers in the title of the Resolution. The
subject property is located in Section 13, Township 50 South, Range 25
East, Collier County, Florida.
D. This item reauires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Recommendation to
approve Petition A VPLAT-2006-AR-I1255, Lot 39, Aviano at Naples, to
disclaim, renounce and vacate the Countys and the Publics interest in a
portion of a Lake Maintenance Easement in the rear of Lot 39, Aviano at
Naples, a subdivision as recorded in Plat Book 43, Pages 67 through 71 of
the Public Records of Collier County, Florida, situated in Section 18,
Township 49 South, Range 25 East, Collier County, Florida, and being more
particularly described in Exhibit A.
E. This item reauires that all participants be sworn in and ex parte
disclosure be provided by Commission members. SV-2006-AR-l035 I
Unity of Naples Church, represented by Debra Williams, Sr. Minister of
Unity of Naples Church, is requesting a sign variance for code enforcement
violations of an off premise sign that is not located on the property. The
subject property is located at 7100 Davis Boulevard, in Section 8, Township
50S, Range 26E, Collier County, Florida.
F. Adopt a Resolution amending the Water Restriction Surcharge, Schedule
One of Appendix A of the Collier County Ordinance No. 2006-27, titled
Collier County Water-Sewer District Uniform Billing, Operating and
Regulatory Standards Ordinance.
G. This item reauires that all participants be sworn in and ex parte
disclosure be provided by Commission members. SE-2007-AR-I1230
(WB), A Resolution of the Board of Zoning Appeals of Collier County,
Florida, amending Resolution No. 2000-189 to correct a scrivener's error in
Exhibit B, the legal description for a project known as the Golf Club of the
Everglades.
18. ADJOURN
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INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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May 8, 2007
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May 8, 2007
MR. MUDD: Ladies and gentlemen, please take your seats.
Mr. Chairman, Commissioners, you have a hot mike.
CHAIRMAN COLETTA: Yes. Thank you, Mr. Mudd.
Ladies and gentlemen, welcome to the Collier County Board of
Commissioners' regular meeting for May 8, 2007.
If you would be so kind to stand at this time, we have an
invocation that will be given by Father James Cohen of St. Ann's
Catholic Church.
FATHER COHEN: In the name of the Father and of the Son and
of the Holy Spirit, amen.
Heavenly Father, we thank you for all the gifts that you give us
on this earth. We ask you to -- that we use your resources wisely as
good stewards, and we pray in a special way this day for rain for our
county .
And we ask all these things for your son, Jesus Christ, our Lord,
to the Father, Son, and the Holy Spirit, amen.
CHAIRMAN COLETTA: Commissioner Coyle, would you lead
us in the pledge.
(The Pledge of Allegiance was recited in unison.)
Item #2A
REGULAR CONSENT AND SUMMARY AGENDA - APPROVED
AND/OR ADOPTED WITH CHANGES
CHAIRMAN COLETTA: Okay. Mr. Mudd, we'll start with you
with any changes to the agenda.
MR. MUDD: Yes, sir. Agenda changes, Board of County
Commissioners' Meeting, May 8, 2007.
Item 16A4 continued to May 22, 2007, BCC meeting. It's a
recommendation to approve the release and satisfaction of code
enforcement liens for payment received. That item is asking -- is
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May 8, 2007
asked to be continued at Commissioner Coletta's request.
Next item is item 16A10. The current executive summary
indicates that the road will be private. The roads are platted as public,
and the Immokalee section of transportation services has signed off on
the improvements. A revised executive summary has been distributed.
That item is changed at staffs request.
Next item is to move item l6B3 to lOG. That's a
recommendation to approve an easement agreement for the purchase
of a drainage utility and pathway easement as well as the donation of
temporary construction easement required for the six-laning of Collier
Boulevard from u.s. 41 to Davis Boulevard. It's capital improvement
element number 33, project number 6000l. The estimated fiscal
impact is $969,754. This item is being moved at Commissioner
Coletta's request.
The next item is item 16D5. The title in the executive summary
should read: The Board of County Commissioners review and accept
the corrective action plan provided by staff of the Housing and Human
Services Department following the 2006 audit performed by KPMG,
rather than KMPG. So it's basically the acronym of the company that
we're correcting. That item is at staffs request.
And we have one time certain item today, and that's item 8B to
be heard at one p.m. The board consideration of adoption of a
proposed ordinance prohibiting certain sexual offenders and sexual
predators from establishing temporary or permanent residences within
2,500 feet of specified locations such as parks, schools, and day care
centers within the county, and prohibiting property owners from
renting or leasing all or portions of real property to them within the
prescribed limits, and that time certain was asked for by
Commissioner Coletta.
That's all I have, sir.
CHAIRMAN COLETTA: Thank you very much, Mr. Mudd.
And now we'll tally the commissioners to see if they have any changes
Page 3
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May 8, 2007
to the agenda and also for their ex parte disclosure.
We'll start with Commissioner Henning.
COMMISSIONER HENNING: I don't have any ex parte
communication on the consent or summary agenda. I do want to pull
16D4 to the regular agenda. And I have a question on why we're
continuing a satisfaction of liens of 16A4, because this might slow
down the process of somebody selling their property.
CHAIRMAN COLETTA: Yes. I thank you for asking that. I
have some serious questions that I have asked. I have the data in my
office, and I need some time to be able to review it. I received it this
morning. I can't say that at this point in time I have a determination to
make either way. But at the next meeting I will share it with the
whole commission. And it isn't meant to be a tremendous delay. It's
just that I have some serious questions on one of the items.
COMMISSIONER HENNING: Can we approve some ofthese
items?
CHAIRMAN COLETTA: Yes. As a matter of fact,
Commissioner Henning, I think you've got a good idea there. It's only
one item, obviously, that I'm having a problem with, and that's -- you
have the book open. That's the one that's for -- I believe it's 33,000 or
35,000.
COMMISSIONER HENNING: Is that a shed?
CHAIRMAN COLETTA: Sir?
COMMISSIONER HENNING: Is that a shed? Is that about a
shed?
CHAIRMAN COLETTA: It's about some cleanup that took
place in Copeland, and that's the item -- the only item that I have
question with on the whole agenda item there. If you could, pull the
page right out and just hand it over here. By the time I get it out, the
day's going to be over with. If you've got it in front of you -- or don't
you?
Okay. I'll go to it.
Page 4
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May 8, 2007
COMMISSIONER FIALA: 16A4, is that what it is?
CHAIRMAN COLETTA: 16A4, Mr. Mudd?
COMMISSIONER COYLE: Yes, that's it.
MR. MUDD: Yes, sir.
COMMISSIONER HENNING: Here you go.
CHAIRMAN COLETTA: Okay, thank you.
COMMISSIONER HENNING: I need that back.
CHAIRMAN COLETTA: Yeah. The item in question is
reference number 2003-396 Lorine (phonetic) Patten for $33,678.35.
That's the only one that I have an interest in doing a little bit of
research and reporting back to you at the next meeting.
COMMISSIONER COYLE: Just pull that one.
CHAIRMAN COLETTA: Okay. Then I change the direction on
that just to that single item.
MR MUDD: So you're continuing that particular code--
CHAIRMAN COLETTA: I'll continue item number 16A4 with
the exception of item, reference number 2003-396.
COMMISSIONER FIALA: You only want to continue this
particular one?
CHAIRMAN COLETTA: That single item, correct,
Commissioner Fiala. 2003-396, I'd like to continue that till the next
meeting. Okay?
COMMISSIONER HENNING: I think we need to put the whole
thing on the regular agenda, my personal opinion, but you can ask the
attorney.
CHAIRMAN COLETTA: Mr. Weigel, is there any problem
with continuing that one single item?
MR. WEIGEL: No. I think if you have clarity on the record that
16A4 is to remain on the consent agenda with the exception of the
specific element that you have identified and the manager has
confirmed, that that specific element may be continued over to the
next meeting and you -- the board may consider the approval of 16A4
Page 5
.---.,.,.--. n_,_
May 8, 2007
without that element today, if you wish. You have other possibilities,
of course, as Mr. Henning indicated. But you may go ahead as I've just
indicated.
CHAIRMAN COLETTA: Yeah. Continue, Commissioner
Henning.
COMMISSIONER HENNING: That's great.
CHAIRMAN COLETTA: Okay. Any -- nothing else? Any
disclosures?
COMMISSIONER HENNING: No, sir.
CHAIRMAN COLETTA: In the whole agenda, in the summary
agenda, in the --
MR. MUDD: l6B--
CHAIRMAN COLETTA: -- consent agenda, you have no
disclosures?
COMMISSIONER HENNING: Yeah. I stated that I don't have
any ex parte communication on the summary agenda or today's
consent agenda.
CHAIRMAN COLETTA: Okay. I'm sorry to have to ask that
question like that.
Commissioner Fiala?
MR. MUDD: l6B4 will go to lOR.
CHAIRMAN COLETTA: Okay.
COMMISSIONER FIALA: No, sir. I have nothing to add to the
agenda or change in the agenda nor to pull on the agenda, and I have
no items for disclosure on the consent or the summary agenda.
CHAIRMAN COLETTA: Okay. We'll go to Commissioner
Coyle.
COMMISSIONER COYLE: Mr. Chairman, I have no other
recommended changes to the agenda. With respect to the consent
agenda, I have no ex parte disclosures. With respect to the summary
agenda, on item l7C the only disclosure is that I reviewed the staff
report that was sent to the Planning Commission concerning that item.
Page 6
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May 8, 2007
CHAIRMAN COLETTA: Okay. Commissioner Halas?
COMMISSIONER HALAS: Good morning, ladies and
gentlemen.
I have nothing to pull from today's regular agenda, consent
agenda, or the summary agenda. As far as disclosures, on the consent
agenda, item 16A2, A3 and AlO, I have no disclosures, and also on
the summary agenda, B, C, and D and G, I have no disclosures on. So
the only thing I have disclosures on is an item that will be heard after
lunch.
Thank you very much.
CHAIRMAN COLETTA: Thank you, sir.
And I, myself, have no additional items I wish to pull for the
regular agenda, and I have no disclosures on the summary or consent
agenda.
And with that, do I hear a motion for approval?
COMMISSIONER FIALA: Motion to approve the --
COMMISSIONER HALAS: Second.
COMMISSIONER FIALA: -- the agenda, the consent and
summary agenda.
COMMISSIONER HALAS: I second that.
CHAIRMAN COLETTA: Okay. We have a motion by
Commissioner Fiala and a second by Commissioner Halas to approve
the agenda.
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?
(No response.)
CHAIRMAN COLETTA: And the ayes have it 5-0.
Page 7
-~._._~."' ",--,... ..- .~"..-"., -----.--.
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
Mav 8. 2007
Item 16A4 continued to the Mav 22. 2007 BCC meetina: Recommendation to approve the Release
and Satisfaction of Code Enforcement liens for payment received. (Commissioner Coletta's
request.)
Item 16A10: The current Executive Summary indicates that the roads will be private. The roads
are platted as public and Immokalee Section of Transportation Services has signed off on the
improvements. A revised Executive Summary has been distributed. (Staff's request.)
Move Item 16B3 to 10G: Recommendation to approve an Easement Agreement for the purchase
of a drainage, utility and pathway easement, as well as the donation of a temporary construction
easement, required for the six-Ianing of Collier Boulevard from US-41 to Davis Boulevard (Capital
Improvement Element No. 33, Project No. 60001). Estimated fiscal impact: $969,754.
(Commissioner Coletta's request.)
Item 1605: The title in the executive summary should read: The Board of County Commissioners
review and accept the corrective action plan provided by the staff of the Housing and Human
Services Department, following the 2006 audit performed by KPMG (rather than "KMPG"). (Staff's
request.)
Time Certain Items:
Item 8B to be heard at 1 :00 p.m. Board consideration of adoption of a proposed ordinance
prohibiting certain sexual offenders and sexual predators from establishing temporary or
permanent residences within 2,500 feet of specified locations such as parks, schools and daycare
centers within the County and prohibiting property owners from renting and/or leasing all or
portions of real property to them within the proscribed limits.
-"_._---"- '-'-""'-' _._-- --~.._- .'n'__'._ .._...~u__
May 8, 2007
Item #2B, #2C, #2D, #2E and #2F
MINUTES OF THE APRIL 10, 2007 - BCC/REGULAR MEETING;
APRIL 11,2007 - BCC/ANNEXATION MEETING; APRIL 12,
2007 -BCC/DISTRICT 1 TOWNHALL MEETING; APRIL 16,
2007 - BCC/AIRPORT AUTHORITY WORKSHOP AND APRIL
16,2007 - BCC/EDC WORKSHOP - APPROVED AS
PRESENTED
CHAIRMAN COLETTA: Now do I hear a motion to approve the
April 10, 2007, BCC regular meeting; the April 11, 2007,
BCC/annexation meeting; the April 12, 2007, BCC/District 1 town
hall meeting; and the April 16, 2007, BCC/ Airport Authority
workshop; the Aprill6, 2007, BCC/EDC workshop?
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: I have a motion to approve by
Commissioner Fiala and a second by Commissioner Coyle.
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 FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it 5-0.
MR. MUDD: Commissioner--
CHAIRMAN COLETTA: Service awards, Mr. Mudd?
Page 8
-~--_...- ___~._~__.w_ . _.. --- .~ ._~,._-,.-
May 8, 2007
Item #4A
PROCLAMATION DESIGNATING THE WEEK OF MAY 6 -
MAY 12,2007 AS NATIONAL NURSES WEEK 2007 TO
ENCOURAGE ALL RESIDENTS OF THIS COMMUNITY TO
JOIN IN HONORING THE NURSES WHO CARE FOR ALL OF
US. TO BE ACCEPTED BY THE NURSING EXCELLENCE
COMMITTEE OF THE FLORIDA NURSES ASSOCIATION, ON
BEHALF OF ALL NURSES OF COLLIER COUNTY - ADOPTED
MR. MUDD: That brings us to proclamations, sir, and 4A. It's a
proclamation designating the week of May 6 - May 12,2007, as the
National Nurses Week 2007 to encourage all residents of this
community to join in honoring the nurses who care for all of us. To
be accepted by the Nursing Excellence Committee of the Florida
Nurses Association on behalf of all nurses of Collier County; Ms.
Judith Nuland, MSN, registered nurse; Ms. Lynn Peiffer, ARNP; and
Ms. Louise Steward, MSN, registered nurse.
Ladies, if you could come forward.
COMMISSIONER FIALA: It gives me great pleasure to read
this proclamation because I was in the industry for 13 years. Good to
see you again, Lou. Thank you, so much.
Proclamation: Whereas, 2.2 million registered nurses in the
United States comprise our nation's largest healthcare profession with
as many licensed practical nurses; and,
Whereas, the depth and breadth of the nursing profession is
meeting the different and emerging healthcare needs of the American
population in a wide range of settings; and,
Whereas, nurses' education and holistic focus promotes
restoration maintenance of health in the individual and family; and,
Whereas, the American Nurses Associations, as the voice for the
registered nurses of this country, is working to chart a new course for
Page 9
._.._.,,----,- "--. --------
May 8, 2007
a healthy nation that relies on increasing delivery of primary care; and,
Whereas, a renewed emphasis on primary and preventative
healthcare will require better utilization of all of our nation's nursing
resources; and,
Whereas, professional nursing has been demonstrated to be an
indispensable component in the safety and quality of care of all
patients; and,
Whereas, the demand for nursing services is greater than ever
because of the aging of the American population, the continuing
growth of life-sustaining technology, and the explosive growth of
home health services; and,
Whereas, more qualified registered nurses are needed in the
future to meet the increasingly complex needs of healthcare in this
community; and,
Whereas, the cost-effective, safe, and quality healthcare services
provided by nurses are an ever more important component of the U.S.
healthcare delivery system in the future; and,
Whereas, along with the American Nurses Association, the
Florida Nurses Association, and Collier County District 29 has
declared the week of May 6th through the 12th as National Nurses
Week 2007, with the theme, "Nursing: A Profession, A Passion," in
celebration of the ways in which nurses strive to provide safe and high
quality patient care and map out the way to improve our healthcare
system.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the week of May 6th
through May 12 be designated National Nurses Week 2007, and
encourage all the residents of this community to join in honoring the
nurses who care for all of us and that the residents of Collier County
celebrate nurses' accomplishments and efforts to improve our
healthcare system and show our appreciation for the nation's nurses,
not just during this time, but at every opportunity throughout the year.
Page 10
,____.......'u__"._.._____._.._____" _'___H'___'_ _M.'" -",----
May 8, 2007
Done and ordered this 8th day of May, 2007, Board of County
Commissioners, Collier County, Florida, James Coletta, Chairman.
And Mr. Chairman, I ask that we approve this proclamation.
CHAIRMAN COLETTA: And I'll make the second on that, as
my wife is a nurse and she would expect nothing less.
And with that, we have a motion, we have a second.
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 FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it 5-0. Thank you.
(Applause.)
COMMISSIONER FIALA: Thank you.
COMMISSIONER COYLE: Congratulations and thank you.
COMMISSIONER FIALA: Come stay up here. We'd love to
take a picture with all of you.
CHAIRMAN COLETTA: Thank you.
COMMISSIONER FIALA: Want to say anything?
UNIDENTIFIED SPEAKER: I want to say thank you.
COMMISSIONER FIALA: Okay, thank you.
(Applause.)
Item #4 B
PROCLAMATION DESIGNATING APRIL 28 - MA Y 6, 2007 AS
Page 11
-_...,,- -'_._--"~ m...._.. ---
May 8, 2007
NATIONAL SAFE KIDS WEEK TO SUPPORT THE EFFORTS
AND ACTIVITIES OF LEE COUNTY SAFE KIDS COALITION
TO PREVENT CHILDHOOD INJURY. TO BE ACCEPTED BY
MR. MARK TESORO, LEE COUNTY SAFE KIDS COALITION
COORDINATOR, INJURY PROTECTION PROGRAM, LEE
COUNTY HEALTH DEPARTMENT - ADOPTED
MR. MUDD: The next proclamation is designating April 28th
through May 6, 2007, as National Save Kids Week to support efforts
and activities of the Lee County Safe Kids Coalition to prevent
childhood injury. To be accepted by Mr. Mark Tesoro, the Lee
County Safe Kids Coalition Coordinator, Injury Protection Program,
Lee County Health Department.
Ms. (sic) Tesoro, if you could come forward, please.
COMMISSIONER HENNING: I think it's -- is it Alice
Flanjack?
MS. FLANJACK: Alice Flanjack, yes.
COMMISSIONER HENNING: Thank you.
Whereas, uni-international (sic) injury in number of -- number
one killer of children under 14; and,
Whereas, each year more than 5,000 children 14 and under have
died from international (sic) injuries; and,
Whereas, emergency rooms experienced nearly 2.4 million visits
from children under the -- under 14 each summer; and,
Whereas, 90 percent of these injuries and deaths are preventable;
and,
Whereas, 41 percent of the deaths occur during the trauma
season, the month of May, June, July, August; and,
Whereas, the risk areas that show the greatest seasonal surges in
deaths and injuries between May and August compared to the rest of
the year are biking, drowning, pedestrian and motor vehicle occupants
and falls; and,
Page 12
~_..~ ~_". ____>'^.'M_.____ -"," .......
May 8, 2007
Whereas, Safety (sic) Kids Worldwide, Lee County Safety Kids
are (sic) partnering sister counties to promote childhood injury
preventions by uniting diversity -- diverse groups in local/state
coalitions developing interactive government (sic) tools and strategies
to initiate public policy changes to promote new technologies and
raising the awareness through the media; and,
Whereas, Safety (sic) Kids Worldwide, with the support of the
founding sponsors, Johnson & Johnson, have launched Safety Kids
Week 2007, "Make It Safe Kids Summer," and focuses on five of the
deadliest warm-weather risk areas of motor vehicles, drownings,
pedestrian, bike and falls; and,
Whereas, Lee County Safety Kids and sister counties have
planned special children's (sic) injury prevention activities and
community-based events for Safety Kids Week 2007 in efforts to
educate the families about summer safety.
Now, therefore, be it proclaimed by the Board of Commissioners
of Collier County, Florida, that April 27 through May 6, 2007, be
designated at National Safety (sic) Kids Week, and calling Collier
County -- and calling up (sic) all the residents to join the supporting
efforts of activities of Lee County Safety Kids Coalition to prevent
children (sic) injuries.
Done in this order, 28th (sic) of May, 2007.
Mr. Chairman, I make a motion that we approve this
proclamation.
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: We have a motion by Commissioner
Henning for approval and a second by Commissioner Fiala.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
Page 13
--~- ,.... .'. -.-.-.---- ..,--,,~. ..-.-".".,-- ---.----
May 8, 2007
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it 5-0. Thank you.
(Applause.)
CHAIRMAN COLETTA: It's indeed an honor. I'd rather sign
this than a check.
COMMISSIONER FIALA: Look at all the lefties up here, right?
COMMISSIONER COYLE: That's right.
COMMISSIONER HALAS: You going to put that on your
boat?
COMMISSIONER COYLE: Yes. There you go.
MS. FLANJACK: Thank you for your support.
COMMISSIONER FIALA: Thank you so much.
CHAIRMAN COLETTA: Thank you. We'd like to get a picture
with you. Stand right here in front and hold up the proclamation and
the life raft, lifesaver.
COMMISSIONER HALAS: Life ring.
CHAIRMAN COLETTA: There you go.
MS. FLANJACK: Thank you.
CHAIRMAN COLETTA: Thank you. Would you like to say a
couple words?
MS. FLANJACK: No. Just thank you on behalf of Safe Kids of
Lee County.
CHAIRMAN COLETTA: Thank you for being here.
(Applause.)
Item #4C
Page 14
.____._.____."._'.,._ _~_M_._ - "~~.'~ --.. --',-
May 8, 2007
PROCLAMATION DESIGNATING THE MONTH OF MAY, 2007
AS SUPERVISED VISITATION AWARENESS MONTH TO
PROMOTE COMMUNITY INVOLVEMENT, TO RAISE
AWARENESS, AND EDUCATE PARENTS AND CAREGIVERS
TO ASSIST ADULT AND CHILD VICTIMS OF DOMESTIC
VIOLENCE AND TO ADDRESS THE NEED FOR SAFE
VISIT A TION AND EXCHANGE - ADOPTED
MR. MUDD: The next proclamation designates the month of
May 2007 as the Supervised Visitation Awareness Month to promote
community involvement, to raise awareness, and educate parents and
caregivers to assist adult and children victims of domestic violence
and to address the need for safe visitation and exchange. To be
accepted by Ms. Gail Tunnock, Child Protection Team of Collier
County, and Marcy Krumbine, director of the Collier County Housing
and Human Services.
COMMISSIONER HALAS: Thank you very much. It's a
pleasure to read this proclamation. The proclamation reads as follows:
Whereas, the Children's Advocacy Center of Collier County, in
conjunction with the Collier County government Safe Haven
Supervised Visitation and Safe Exchange Grant Program recognizes
the month of Mayas Supervised Visitation Awareness Month; And,
Whereas, the children of Collier County are entitled to live and
grow in a healthy, nurturing environment free from intimidation and
harm; and,
Whereas, domestic violence is extremely damaging to children
who live with it and has a profound affect upon their behavioral,
psychological, developmental, educational, and social functioning;
and,
Whereas, the children that grow up in households where there is
domestic violence are more likely to become victims or perpetrators of
domestic violence; and,
Page 15
._____.'.'M.._.____._._......__._,_ ~-_.__.,-'- ---.--
May 8, 2007
Whereas, the local community domestic violence agency, the
Shelter for Abused Women and Children, provides services to over
1,450 children in their sheltering, counseling, and outreach programs;
and,
Whereas, in the past year, the Children's Advocacy Center
Family Safety Program provided over 350 supervised visits and over
865 safe exchanges for families impacted by domestic violence; and,
Whereas, supervised visitations allow children to maintain a
relationship with both of their parents and to visit the non-residential
parent in a safe, comfortable environment; and,
Whereas, during the month of May, Collier County will promote
community involvement, raise awareness, and educate parents and
caregivers to assist adult and children victims of domestic violence
and to address the needs for safe visitation and exchange.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County that the month of May be
designated as Supervised Visitation Awareness Month.
Done and ordered this 8th day of May, 2007, Board of County
Commissioners, Collier County, Florida, and James Coletta, the chair.
And I move that we approve this proclamation.
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: We have a motion by Commissioner
Halas to approve the proclamation, a second by Commissioner Fiala.
Any discussion?
(No response.)
CHAIRMAN COLETTA: All those in favor, indicate by saying
aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
Page 16
~-- ,-"" ..__...~-----,.--- ....----
May 8, 2007
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it 5-0.
Thank you very much for being here.
(Applause.)
COMMISSIONER FIALA: My goodness, we go back a long
way, don't we?
COMMISSIONER HALAS: Thank you very much.
COMMISSIONER FIALA: It's good to see you again. Oh,
thank you so much.
COMMISSIONER HENNING: Good to see you.
CHAIRMAN COLETTA: Thank you so much.
Item #4 D
PROCLAMATION DESIGNATING MAY 14-18,2007 AS
NATIONAL BIKE TO WORK WEEK AND THE ENTIRE
MONTH OF MAY, 2007 AS NATIONAL BIKE MONTH TO
HONOR BICYCLISTS AND TO ENCOURAGE EVERY CITIZEN
OF COLLIER COUNTY TO RIDE A BIKE TO SCHOOL, WORK,
OR SHOPPING, AND JOIN FELLOW RESIDENTS IN SHARING
THIS HEAL THY AND POLLUTION-FREE FORM OF
TRANSPORTATION -ADOPTED
MR. MUDD: Commissioner, the next proclamation is
designating May 14 through 18th, 2007, as National Bike to Work
Week and the entire month of May, 2007, as National Bike Month to
honor bicyclists and to encourage every citizen of Collier County to
ride a bike to school, work, or shopping and join fellow residents in
sharing this healthy and pollution-free form of transportation. To be
accepted by representatives from the Naples Pathway Coalition and
the Collier County Department of Transportation.
Page 17
-------- ". '--'-
May 8, 2007
CHAIRMAN COLETTA: Thank you. And I want to tell you I
was impressed. I rode up in the elevator with a couple of the
gentlemen that rode in here today from Pelican Bay. They did it in 20
minutes.
COMMISSIONER FIALA: From Pelican Bay?
CHAIRMAN COLETTA: From Pelican Bay to here. And I want
to tell you, they didn't even break out a sweat. It was a nice ride in the
elevator coming up.
Whereas -- please, turn around and face the audience.
Whereas, Collier County actively encourages bicycling as an
important mode of transportation in preserving its quality of life; and,
Whereas, the entire month of May is National Bike Month, and
the week of May 14th to the l8th, 2007, is National Bike to Work
Week, which is to promote and celebrate the joys and benefits of
bikling -- bikling (sic) for transportation, recreation and cycling in
Collier County, enjoying optimum riding conditions because of the
temperate climate; and,
Whereas, the Naples Pathway Coalition, Community Traffic
Safety Team, Pathway Advisory Committee, Collier County
Transportation Service Division, and numerous other community
members have worked diligently over the past years to improve
cycling conditions on our roadways, to educate the public about
bicycling, and to promote safe bicycling for recreation and
transportation; and,
Whereas, Collier County has coordinated construction of over six
miles of sidewalks, bike lanes, and pathways thus far this calendar
year, currently has seven miles of pathways under construction, eight
miles of pathways and sidewalks awaiting bid, 14 miles of pathways
and sidewalks under design, as well as sidewalks and bike lanes that
will be constructed in road construction projects and require private
developers to complete, and additionally secured $1.5 million of funds
from the Florida Department of Transportation for sidewalks in the
Page 18
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May 8, 2007
Immokalee area; and,
Whereas, the Community Traffic Safety Team recently applied
for $2 million of safe routes to school funding to solve existing safety
concerns for children; and,
Whereas, four pedestrian bridges at Vanderbilt and Golden Gate
Parkway are under design to address the lack of bicycle and pedestrian
facilities on bridges in those areas; and,
Whereas, the Ride of Silence, which honors bicyclists who have
been killed or injured while cycling, will be held on May 16,2007, at
seven p.m. at Lowdermilk Park.
And, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that May 14th to the 18th,
2007, be designed (sic) as National Bike to Work Week, and the entire
month of May, 2007, be designated as National Bike Month in Collier
County and encourage every citizen in this community to ride a bike
to school, to work, to shopping, or to other of the events planned this
week and to join fellow residents in sharing in this healthy and
pollution-free form of transportation and ask all motorists to drive
extra carefully during this time, while they share the roads.
Done and ordered this, the 8th day of May, 2007, James Coletta,
Chairman, and I make a motion for approval.
COMMISSIONER HALAS: Second.
CHAIRMAN COLETTA: We have a motion by myself,
Chairman Coletta, a second by Commissioner Fiala (sic).
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?
(No response.)
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May 8, 2007
CHAIRMAN COLETTA: The ayes have it 5-0.
(Applause.)
COMMISSIONER FIALA: All the way from Pelican Bay.
That's faster than I can drive it. Thank you.
MR. BONNESS: Definitely showing progress.
COMMISSIONER HENNING: Good.
CHAIRMAN COLETTA: We'll get there. Thank you.
COMMISSIONER HALAS: Good to see you.
CHAIRMAN COLETTA: Thank you.
UNIDENTIFIED SPEAKER: Can I say something?
CHAIRMAN COLETTA: Yes, please, whatever podium.
UNIDENTIFIED SPEAKER: I'd just like to say, on behalf of
the Naples Pathway Coalition and all citizens of Collier County, I
want to thank you very much for the proclamation. I think it's a very
important time we live in now. We live in a time with rising energy
costs, rising healthcare costs, obviously we all feel the gas crunch.
Equally, if not more importantly, in an era with rising childhood
obesity, dramatically rising healthcare costs for all, it's timely that we
continue to work together to get more bikes, more alternate means of
transportation that can coexist with our automobile transportation
across the county.
As a member of the NPC, I'll speak on our behalf. We're
dedicated to continue working with our distinguished Board of
Commissioners. As we continue to promote a more bikable, walkable
world-class community in the weeks and years to come for Collier
County.
And I want to thank you very much. Thank you very much.
CHAIRMAN COLETTA: Thank you very much.
Item #4 E
PROCLAMATION PROCLAIMING MAY 13-19,2007, AS
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May 8, 2007
NATIONAL TRANSPORTATION WEEK - ADOPTED
MR. MUDD: Commissioner, the next proclamation is
proclaiming May 13th through 19th, 2007, as National Transportation
Week. To be accepted by Norm Feder, Jay Ahmad, Bob Tipton, Gene
Calvert, Nick Casalanguida, Diane Flagg, and John Vliet.
COMMISSIONER COYLE: Mr. Chairman, I have the distinct
pleasure of reading the longest proclamation in the history of Collier
County .
MS. FLAGG: Just read the first and last paragraphs.
COMMISSIONER COYLE: No, I'm going to read the whole
thing. I want people to understand why it takes so long to get roads
built.
COMMISSIONER FIALA: Oh, no.
COMMISSIONER HALAS: I see some red faces.
COMMISSIONER COYLE: Okay. Here we go. We're going to
have an intermission halfway through this. Everybody can stand up
and stretch, make sure you're still awake. Here we go.
Whereas, Collier County recognizes that National Transportation
Week provides an opportunity for the transportation community to
join together for greater awareness about the importance of
transportation; and,
Whereas, since its beginning, transportation infrastructure has
transformed the American landscape into a sophisticated network of
metropolitan communities, fueling the world's strongest and fastest
growing economy, as well as continuing to offer countless other
benefits; and,
Whereas, each year America's transportation system, from the
roads to the skies, rails and ports, helps traveler's reach their
destinations and carries billions of tons of freight worth trillions of
dollars in economic stimulus; and,
Whereas, the transportation system plays a critical role in
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May 8, 2007
deploying and sustaining our troops and their equipment around the
world; and,
Whereas, transportation is synonymous with opportunity in
America, connecting workers with jobs, products with markets and
families with each other. Throughout our history, advances in
transportation have been at the forefront of progress.
In 2006, we celebrated the 50th anniversary of the Eisenhower
Interstate Highway system, widely regarded as the greatest public
works project in history. Life in the United States would not be the
same without its vast transportation network. And throughout the 21 st
century, the U.S. Department of Transportation will continue the
tradition of innovation in all transportation fields, continuing to
modernize transportation and, during National Transportation Week,
we honor the professionals who help to keep our transportation system
secure, efficient, reliable, and safe as well as focusing on making
youth aware of transportation-related careers; and,
Whereas, in 2000, the Board of County Commissioners had the
insight to develop a transportation services division to handle the need
to create infrastructure to accommodate our dramatically growing
population. This division, now in its seventh year with departments
handling transportation planning, traffic operations, transportation
engineering and construction management, road and bridge
maintenance, stormwater maintenance as well as alternative
transportation modes, has added more than 125 lane miles of
roadways in 11 different road construction projects to the
transportation network and has another 156 lane miles in 17 additional
projects under construction or in active design for capacity expansion.
In addition, the division maintains approximately 1,300 miles of
roadways, over 90 bridges, annually resurfacing more than 45 miles of
pavement along the county's transportation network; and,
Whereas, in 2001, the Board of County Commissioners created a
transit system where no countywide bus service had previously existed
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May 8, 2007
and now has surpassed more than one million passenger boardings
annually. Collier Area Transit, C-A-T, CAT for short, maintains 20
buses serving nine fixed routes and recently adding Sunday service,
taking more than 500,000 vehicle trips off the overburdened roadways
in the past six years; and,
Whereas, in 2003 the Board of County Commissioners, realizing
not all transportation improvements need to be just asphalt and
concrete, approved the Landscape Beautification Master Plan to add
trees, shrubs, and ground cover along county arterial and major
collector roadways, which has since allowed for the creation of more
than 35 miles of roadways to receive these scenic improvements with
another 14 miles of roadways planned to receive landscape this year,
adding not only visual relief, but calming aesthetics for frazzled
motorists and enhanced property values for area residents; and,
Whereas, in 2006 technology that had been in the process of
being installed for seven years -- several years was completed
resulting in the creation of the traffic management center where more
than lOO signalized intersections can be controlled by computer, 27 of
those motorized by video cameras whereby technicians are able to
monitor traffic backups visually and make adjustments to signal
timings to lessen delay, particularly during periods of high volumes,
thus assisting further with capacity issues as growth continues in this
wonderful paradise so many of -- so many more are now referring to
as home.
Excuse me. I'm beginning to lose my voice.
Now, therefore, be it proclaimed -- we're getting to the end here.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that May the 13th through
the 19th, 2007, be designated as National Transportation Week and
that the Board of County Commissioners does call upon everyone to
thank transportation professionals for their efforts in helping us all
travel to where we need to go as safely and efficiently as possible and
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May 8, 2007
to recommend to all to save fuel and ride Collier Area Transit
whenever possible.
Done and ordered this 8th day of May, 2007, Board of County
Commissioners, Collier County, Florida, James Coletta, Chairman.
Mr. Chairman, despite my jokes, I would like to say that our
transportation staff really has done a wonderful job. It's been a
pleasure to work with them. They've dug us out of a huge deficit --
COMMISSIONER FIALA: Yes.
CHAIRMAN COLETTA: Hear, hear.
COMMISSIONER COYLE: -- over the past five years, and
they're all to be commended, and so am I to be commended for
reading and getting through the record-setting resolution in all history.
But it's well deserved. Thank you very much. Again, it's a
pleasure to work with all of you.
Mr. Chairman, I would like to make a motion we accept this
proclamation.
COMMISSIONER HALAS: And I'll second that.
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: Okay. I have a motion by
Commissioner Coyle, second by Commissioner Halas.
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?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 5-0. Thank you.
(Applause.)
COMMISSIONER FIALA: Every one of you is ajoy to work
with.
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May 8, 2007
COMMISSIONER COYLE: You guys get to hold that thing
now.
COMMISSIONER FIALA: Jay, it's wonderful to work with you.
Your guys out there on that road, I'm telling you, they're just so
marvelous. I'm so proud of what you're doing with our road system.
COMMISSIONER HALAS: We won't hear from him the rest of
the day now.
CHAIRMAN COLETTA: Thank you.
(Applause.)
Item #5A
PRESENT A TION BY TAMMIE NEMECEK, ECONOMIC
DEVELOPMENT COUNCIL, REGARDING THE COLLIER
COUNTY HOUSING STIMULUS PROGRAM - MOTION FOR
STAFF TO REVIEW PROGRAM AND WORK WITH THE EDC
- APPROVED
MR. MUDD: Commissioner, that brings us to the presentation
section of our agenda. 5A is a presentation by Tammie Nemecek of
the Economic Development Council regarding the Collier County
Housing Stimulus Program.
Ms. Nemecek?
MS. FILSON: And Commissioner, Chairman? Mr. Chairman, so
that you're aware, I have 26 speakers on this issue.
CHAIRMAN COLETTA: Well, let's see if we can, the
commission, address this in a meaningful way so that maybe we can
answer the needs of many of the speakers that are out there. But we
appreciate the fact that they're all here to support this program.
Ms. Nemecek?
MS. NEMECEK: Thank you very much. Good morning, Mr.
Chairman and Commissioners. Thank you for the opportunity to
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May 8, 2007
present to you today.
I'd like to bring you back to September of2006. The EDC
presented to you at that time the Workforce Community
Demonstration Project, which was a program that we had been
working on with the Urban Land Institute Young Leaders Group for
about six months and analyzing the housing needs here in Collier
County and how we can start to address the workforce housing needs
that we have here today.
And in that presentation, what I introduced you to were the
volunteers that have been working on this program, a number of
volunteers both from the EDC, from the private sector, from the Urban
Land Institute Young Leaders, and most importantly, the Young
Leaders Group, who really took the ball and said, you know, this is an
issue that affects us probably more directly. We're the young
professionals in the community. We'd like to stay here in the
community. Let's address this and look at the opportunities that we
have to develop some strategies and methodologies to understand
what our issues are with workforce housing and how we can
accomplish some programs to address this over the long-term.
The approach that we took was to develop a comprehensive
solution to address our long-term housing needs here in Collier
County. We did look at it from an incentive-based approach,
something that would encourage the private sector to step forward
with programs and initiatives to build affordable/workforce housing
here in Collier County, and something that was economically sound
for both the public and the private sector. I think that was critical in
our initiative in understanding how we can work together as a
public/private partnership in order to make this happen.
The guiding principles that we took in looking at this were the
long view, looking at population growth, housing needs, and being the
Economic Development Council. What we're looking at is how we
encourage business parks and employment centers being located near
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May 8, 2007
housing so that we can help encourage and promote high-wage job
creation here in Collier County.
We did look at it from a hypothetical development just so we
could understand what went into the creation of housing here in
Collier County. We looked at best practices. The Urban Land Institute
spends a lot of Saturdays and evening hours going through best
practices around the nation and pulling those best practices in to be
able to understand how we can apply those here locally in our
community .
We wanted to make sure that what we were creating were
desirable places to live in and live next to. Again, looking at it from
the Young Leaders Group, these are places where they're going to
want to live, where we want our children and grandchildren to be able
to live in Collier County. Something that was feasible, something that
was scalable.
It was important for us to understand that this is something, yes,
that is -- that comes at it from a local standpoint, that looking
throughout Collier County, how we can apply these desirable places to
live and work throughout the community, but also we understood that
we're going to be looked at from places around the State of Florida as
possibly a best practice, and something like this could be applied to
other communities.
And what we've found during this year of working on this
program is that other communities are calling us saying, how are you
doing this? What are you doing? What are you looking at? Can you
come and present to our community so we can learn from you? And I
think that that is an important component of where we are as a
community and the leadership you have shown with support of this
program, and understanding that high-wage earners also need homes
in this community as well.
We explained the median household income here in Collier
County is $66,100. And looking at how the county categorizes the
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May 8, 2007
income levels, very low income is categorized as below 50 percent of
the median household income; low is greater than 50 to 60 percent;
workforce income is greater than 60 percent to 80 percent; and gap
income is greater than 80 to 150 percent.
But I think what was most important is understanding the people
that you're talking about when you talk about workforce housing. And
this is, I think, probably the most exciting part of this presentation,
was to introduce you to some individuals who'd be living in our
workforce and middle-class homes here in Collier County. Folks like
Keisha, who's a master's degree librarian. Her household income is
$47,000. In Collier County, she would be categorized as a
low-income individual.
Rebecca and Dan. Rebecca is a hairstylist and Dan is an
electrician. They're 38 and 40 years old. They have a household
income of $63,000. They are newlyweds, and they would be in the
workforce income category.
Miguel and Marie. Marie is a firefighter. Miguel is a medical
assistant. They're 35 and 33 years old with a combined household
income of $70,000. They're married with one child and another on the
way, and they would be in the gap income category.
And finally, Carla and Kevin. Carla is a biomedical engineer,
and Kevin is a schoolteacher. They're 31 and 33 years old with a
combined family income of $99,000. They're recently married with
no children, and in Collier County, they would be in the gap income
category .
And we showed you this community which was a hypothetical
development for the purpose of analyzing and coming up with a
methodology to be able to understand the cost associated with
constructing homes here in Collier County.
And this community that the Urban Land Institute Young
Leaders Group came up with had a village center, school with a
community center located in it, close proximity to a business park.
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May 8, 2007
Again, this is the EDC. We're about promoting high-wage job
creation and making sure we have interconnectivity with business
parks and making them located near major employment centers,
interconnective transportation within the community, and a variety of
products within the community to accommodate all income levels.
Condominiums, townhomes, single-family homes, apartments,
six-plex mansion homes, courtyard cottage clusters, and looking at
this, which is a density of6.75 units per acre, showing that we can
build a community with higher densities that is attractive, is a
desirable place to live in and a desired place to live next to.
Then we introduced you to the costs associated with constructing
them homes. And looking at the maximum target price for the
individuals that we introduced you to, Keisha, Rebecca and Dan,
Miguel and Maria, and Carla and Kevin, for somebody like Carla --
for a couple like Carla and Kevin to live here in Collier County, their
maximum target price for their home is $321,000. Now, that's based
on no more than 30 percent of their income being spent on their
mortgage, their taxes, their insurance, their homeowner's fees, those
types of things.
And to be able to build that community that you saw would be
over a $300 million investment. While that may be a relative number,
I think what's important is to understand the controllable and
noncontrollable costs that are associated with constructing homes here
in Collier County.
What we've found is we have several controllable costs that are
under your control and the community's control. Density,
infrastructure costs, impact fees, approval review times. And what
we've found is in order to make this happen, that we can control those
costs and bring a home that, with no incentives, would cost Carla and
Kevin about $385,000.
By controlling density and increasing density from the four units
to the 6.75 per acre, we could save them about $32,000. By helping to
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May 8, 2007
offset some ofthe infrastructure costs we could save another $16,000.
By supporting an impact fee deferral program, you could reduce
the cost of about $15,000. And by fast tracking the proj ect overall, you
could reduce another 500, bring the price of that home from an
unattainable amount of $385,000 down to about $320,000.
The action plan. Starting in September, we've brought this to you
in a workshop setting. The Board of County Commissioners
unanimously supported this program, asked us to look at how we can
make the components of this program, take a look at them and
bringing them back to you.
October and November, the workforce community team secured
private sector funding. I'm happy to say that Fifth-Third provided a
grant for us to be able to hire some counsel in order to be able to look
at the existing codes within Collier County, analyze those, figure out
what may need to be modified.
We brought this back to you in April of 2007 with what codes do
need to be looked at by the county and some language that you could
take a look at, and now we're here today to ask you to move this
forward to the staff to be able to help work with us from the private
sector in order to analyze and finalize something that the community
as a whole can support and you, as a Board of County Commissioners,
can support.
I would like to point out some points. You know, our volunteers
have spent thousands of hours working on this, developing strategies,
working on these proposed programs. What I will tell you, that these
programs are not proposing density by right. They're not proposing
zoning by right, and they're not doing away with the concurrency.
What they are doing is providing certainty, and I think that we all
agree that certainty in the process is an achievable goal and something
that, at the end of the day, can encourage and will encourage the
private sector to step forward.
Our community demands that we, as a community, tackle this
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May 8, 2007
issue. In September we were given unanimous support to move
forward with the Collier County Housing Stimulus Program and bring
it back to you.
This final step is not done -- is not to be done in a vacuum, but
what our commitment to you is, with each step of the way, meetings
with you and staff will continue to take place until we have created the
final programs that, with your help, the help of the county staff, and
the continued help of the community and the private sector and the
volunteers that have committed to this program, we as a community
can say that we have a plan to address our long-term
affordable/workforce housing needs.
We're not asking you to approve these items as written today, but
we are asking you to support workforce housing and to give the
county staff the green light to begin taking a look at these programs,
and through additional input from the board, staff, and private sector,
make the necessary modifications to put these programs into a final
format that everyone can support.
Weare simply asking the board to continue to support this
initiative by giving clear direction to staff to work collaboratively with
the private sector to move these programs forward. Thank you.
CHAIRMAN COLETTA: Thank you, Tammie. That was a
wonderful presentation.
(Applause.)
MS. NEMECEK: In a final note, I would like for everybody that
is here in support of this program to please stand.
COMMISSIONER COYLE: And waive your right to speak.
MS. NEMECEK: Thank you, Commissioners.
CHAIRMAN COLETTA: Thank you. Thank you all for being
here today and showing your support for affordable housing.
Tammie, I think I know exactly what you're looking for. You
want to be able to continue to bring this to some sort of completion at
some point in the future, but you need the help of staff. Also, too, if
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May 8, 2007
this does go forward, you might want to consider inviting
commissioners at different times to come to your meetings and take an
active part into it.
I think it's absolutely wonderful that we've got the community
showing up in such numbers to take such an interest in such an
important subject.
With that, we have Commissioner Coyle, Commissioner Halas,
Commissioner Fiala.
COMMISSIONER COYLE: Mr. Chairman, I think you pretty
much summarized the issue. We're not here to determine what the
program is going to be. We're here to determine whether or not we're
going to continue to consider the program. I think that's probably a
no-brainer. Certainly we should continue to evaluate it, and the staff
should get involved.
But it won't do us any good to debate the details of the issue
because we don't have the staffs input yet on these things, and so
we're going to need the staffs input before we can reach any
conclusions or, perhaps, even draft any complete questions or
concerns about it.
So if what you're asking to do here is have the staff get involved
in evaluating your proposal, I don't see any problem with that. What I
would not like to do is try to get involved in a debate today about what
your proposal is, and I don't think that's what you have in mind.
MS. NEMECEK: No, sir.
COMMISSIONER COYLE: And I don't need 26 speakers
telling me the same thing 26 times that you support it, okay? So I
understand that, and I would be willing to support having the staff take
a look at the proposal and come up with their reactions.
COMMISSIONER FIALA: Is that a motion, sir?
COMMISSIONER COYLE: That is a motion.
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: Okay. We have a motion by
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May 8, 2007
Commissioner Coyle and second by Commissioner Fiala to proceed
with Tammie Nemecek's recommendations that we have staff work
with the committee. But we're not going to take a vote yet. We still
have to go through the whole part of it, but we have some very good
direction on this.
Commissioner Halas?
COMMISSIONER HALAS: Yes. I appreciate all the effort put
in by each and every one of the people that were involved in this
committee. And like you said, this is basically your proposal, and
now I think we're going to sit down and try and work out some type of
compromIse.
So I believe that we'll just forward this on to staff and they'll
come up with some -- their direction in regards -- and I think we
can come to, hopefully, a happy -- we'll meet in the middle of the
road. Thank you very --
CHAIRMAN COLETTA: Commissioner Halas, a point of
correction. They're not looking for us to forward it on to staff.
They're looking for staffs input to be able to work with them to be
able to bring it back.
COMMISSIONER HALAS: Well, that's exactly. Well-- but
we're going to do the same thing. We're going to forward this on to
staff, they're going to look at this. Because I don't believe staffs even
looked at this yet, this whole proposal. So it's my understanding that
we're going to forward it on to staff, and they'll put their input into it,
and I think we can come to some type of a conclusion, like I said, in
the middle of the road.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I think it's great that we
forward this to staff. I would like to provide staff, anyway, and EDC,
too, with some input on some of their comments.
I was concerned, as you well know, about concurrency. I am
terribly concerned about what happens to our roads if we allow -- if
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May 8, 2007
we allow density by right without considering what impact it would
have on the roads, especially like on Immokalee Road. If somebody
wanted to build near the hospital or build near Target and Home
Depot, nobody'd ever be able to get out.
So I want to provide staff with my input, and you as well. I am
concerned about the CDD. That's a big problem for me. It always has
been, right from the start, six and a half years ago, still is.
And so -- but I think these things can be worked out, and I think
it would be a great idea. I'd love to sit in with you guys as you work
with staff to provide input, or anyone one of us. You know, you can
go back and forth and get all of our input and even maybe invite
somebody from Planning Commission or something, like Mark, who
would then also be able to -- so you'd be able to hammer out a plan
that everyone has input on, and you come up with a great conclusion.
MS. NEMECEK: Be happy to.
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: Some of these proposals are
going to be reviewed by our advisory board, if not, all of them, and
also that would be in a public forum, just like this one, to give the
opportunity for citizen input. So this whole process will be
involvement of the community, and that's really what it's all about.
I -- Commissioner, I agree with your statement about
concurrency. Nothing should trump concurrency, and I don't think
your colleagues are going to support it. I won't support it. But I'm
looking forward to our staffs input on all these proposals, and
hopefully we can take this off our checklist of things to do.
COMMISSIONER FIALA: Good. Thank you.
CHAIRMAN COLETTA: Thank you. At this point in time, we
have a number of speakers, and we appreciate your input but,
however, with that said, you may want to weigh the direction this
commission is going and don't try to talk them out of it, please. We
don't want that to happen. If the person before you has covered the
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May 8, 2007
subject matter quite fully and you have nothing new to add, you may
want to consider waiving.
However, with that said, you do have a right to speak to this
commission and we welcome your input.
Would you please go ahead, Ms. Filson, and call the first
speaker.
MS. FILSON: William Poteet?
MR. POTEET: I waive.
CHAIRMAN COLETTA: Thank you.
MS. FILSON: Ken Kelly?
MR. KELL Y: He'll be followed by Richard Grant.
MR. KELLY: Good morning. Not to take up much of your
time. I just wanted to let you know that the Affordable Housing
Commission has seen the presentation and gone over a number of the
proposals by the EDC and unanimously approved the measures for
further development and research. Thank you.
MS. FILSON: Richard Grant. He'll be followed by Steven
Hruby.
MR. GRANT: Good morning, Commissioners. I'm going to be
real brief, and I'm going to encourage most of the people behind me to
waive. I'm here as the chairman of the EDC. Thank you for your
attention, your interest, your leadership. I think we just need a little
more leadership out of you which -- it sounds like you're prepared to
give it today to move this thing forward, and we appreciate that and
thank you for it. It's a very important project for our community.
Thanks.
MS. FILSON: Steven Hruby. He'll be followed by Penny
Baldich.
MR. HRUBY: Good morning, Commissioners. I am the chair of
ULI's Attainable Housing Committee, and I have been a volunteer in
this initiative, and I just want to tell you as a practitioner who does this
for the past 30 years across the country, you have here probably some
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May 8, 2007
of the best practices and based on the best practices in the country.
And one of the things you really need is a good, strong, public/private
partnership to take it to success.
Thank you for your consideration.
CHAIRMAN COLETTA: Thank you very much.
MS. FILSON: Penny Baldich. She'll be followed by Russ
Weyer.
MS. BALDICH: Hi. Since there's so many, I'm not going to
bother going into what I was going to say originally, but I am just one
of the members of the ULI, Young Leaders Group, and I've worked
very hard on this with many other young professionals, and we just
want to thank you for your support and look forward to working with
you.
MS. FILSON: Russ Weyer. He'll be followed by Brian Settle.
MR. WEYER: Good morning, Commissioners. I'm Russ Weyer
with Fishkind & Associates, and I'm a senior associate and also past
chairman of the Urban Land Institute. I'm actually putting my Urban
Land Institute hat on this morning to encourage this public/private
partnership. They look for creative solutions, and we would really
encourage that we move forward with this, and we appreciate all your
efforts. Thanks.
MS. FILSON: Brian Settle. He'll be followed by Greg Smith.
MR. SETTLE: Good morning. I'm Brian Settle with NCH
Healthcare System, and I would like to voice the support of not only
NCH Healthcare System, but the Collier County Housing
Development Corporation and the ESB (sic) housing coalition of
Collier County.
As you're aware, our ESB housing coalition includes NCH,
HMA, the City of Naples, the sheriffs department, and the Collier
County public schools. We certainly appreciate all the work that the
EDC has done and encourage your full involvement. Thank you.
MS. FILSON: Greg Smith?
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May 8, 2007
MR. SMITH: Waive.
MS. FILSON: Catherine Fay? She'll be followed by Terry
McMahon.
CHAIRMAN COLETTA: Terry, if you care you can come up to
this other podium here.
MR. McMAHON: I'm going to waive.
CHAIRMAN COLETTA: Okay, sir. Thank you.
MS. FAY: Good morning, Commissioners. Thanks. As a person
who owns a business here in Collier County and employs someone
that is not even in the gap, we'd like to see you move forward with this
with relative speed. We know it's a tough issue to address, but delays
and delays and delays just aren't appropriate. We need this and we
need it soon. Thank you.
CHAIRMAN COLETTA: Thank you.
MS. FILSON: Phillip Thompson?
MR. THOMPSON: Waive.
MS. FILSON: Jeff Allbritten?
MR. ALLBRITTEN: Waive.
MS. FILSON: GeoffMoebius?
MR. MOEBIUS: Waive.
MS. FILSON: Kim Minarich?
MS. MINARICH: Waive.
MS. FILSON: Jacqueline Toemmis?
MS. TOEMMIS: Waive.
MS. FILSON: Brooke Gabrielson?
MS. GABRIELSON: Waive.
MS. FILSON: Colleen Kvetko?
MS. KVETKO: Waive.
MS. FILSON: Bill Klohn?
MR. KLOHN: Waive.
MS. FILSON: Linda Hansen?
MS. HANSEN: Waive.
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May 8, 2007
MS. FILSON: Brian Goguen?
MR. GOGUEN: Waive.
MS. FILSON: I know I'm messing some of these up.
Al Reynolds?
MR. REYNOLDS: Waive.
MS. FILSON: Barb Cacchione?
MS. CACCHIONE: Waive.
MS. FILSON: Tim Parry? Tim will be followed by Michele
Harrison.
MR. PARRY: Good morning, Mr. Chairman, Commissioners.
I'll be very brief. Timothy Parry, senior vice-president for HMA. We
-- I want to just echo all of the prior speakers and Tammie's remarks.
The point I wanted to leave with you today is we operate at HMA 18
community hospitals in Florida within 13 counties. The workforce
housing shortage is the most acute in Collier for us as a hospital
operator.
And I, likewise, would like to encourage you to direct staff to
prioritize and expedite this project and their review and input so that
the workforce housing people who will benefit from this program can
get it sooner than later. Time is of the essence from us as an operator.
And I was struck, Mrs. Fiala, by your proclamation for Nurses
Week. What would we do without nurses in our community? What
would we do without -- nurses requiring and not being replaced? They
are the backbone of every healthcare system. So with that, I would
thank you for your leadership on this.
And the last comment is, you have an opportunity, as I see it. It
is a problem and it is a risk, but you also have an opportunity to leave
a lasting legacy on the county. I've lived here since 1983. My
children were all born here, educated in the public school system. I've
got two in college. And you have an opportunity to leave a great
lasting legacy on this with your leadership. Thank you.
CHAIRMAN COLETTA: Thank you, sir.
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May 8, 2007
MS. FILSON: Michele Harrison? She'll be followed by Bill
Spinelli.
MS. HARRISON: Good morning, Commissioners. Michele
Harrison, President of the Collier Building Industry Association, and
CBIA is committed to supporting the enhancement of opportunities
for public/private partnerships to provide middle-class housing
opportunities.
Thank you for your support in this.
MS. FILSON: Bill Spinelli?
MR. SPINELLI: Waive.
MS. FILSON: Tom Quinn?
MR. QUINN: Waive.
MS. FILSON: Mr. Chairman, that was your final speaker.
CHAIRMAN COLETTA: Thank you.
And Tammie, did you want to -- yeah, we'll be right to you,
Commissioner Coyle.
Did you want a final comment?
MS. NEMECEK: I have one final thing. I have a letter of
support that's been signed by a number of employers, and I'd like to
present that to you.
CHAIRMAN COLETTA: Okay. Thank you, ma'am.
Ms. Nemecek, did you have any other comments before we start
our discussion and take a vote?
MS. NEMECEK: Just that I thank you for your support of this,
and be mindful that we will not do this in a vacuum, that we want to
work collaboratively with staff, we want your input, and we'll be
eagerly asking for you to attend meetings, so we look forward to
seeing you very often over the next several months.
Thank you very much.
CHAIRMAN COLETTA: Fine. We thank you for that,
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Mr. Chairman, just a brief
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May 8, 2007
comment concerning the intimation that there is delay or potential
delay by Collier County commissioners in taking action on this. I
would like to make sure that the public understands that this
commission has approved more affordable housing in the last four
years than was approved in the previous decade.
There are, right now, 2,000 approved but unbuilt affordable
housing units on the books. So it's an issue that the industry is going
to have to address, too. But I can assure you this commission has not
been delaying affordable housing. We have taken a lot of initiatives.
We have changed our Land Development Code. We have created
density bonuses. We have awarded density bonuses for affordable
housing, and the results, as far as approvals, have been quite good.
The results with respect to getting them built has not.
Okay. Thank you.
CHAIRMAN COLETTA: Thank you, sir. And with that we
have a motion by Commissioner Coyle, a second by Commissioner
Fiala to approve the recommendations that we heard here today from
Ms. Nemecek as a representative of the Economic Development
Council.
Is there any other comments?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor ofthe
motion, indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it 5-0. Thank you very
much.
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May 8, 2007
CHAIRMAN COLETTA: It's to be applauded.
MS. NEMECEK: Thank you, Commissioners.
(Applause.)
CHAIRMAN COLETTA: The only bad part was we should
have had this as the last thing on the agenda because now we're losing
our audience.
COMMISSIONER FIALA: Well, you could demand. Lock the
doors.
CHAIRMAN COLETTA: Lock down.
COMMISSIONER FIALA: I have a lot of suggestions that I'm
going to pass on to staff.
CHAIRMAN COLETTA: Well, I think if you attend those
meetings it would be a wonderful thing.
COMMISSIONER FIALA: I would love to do that.
CHAIRMAN COLETTA: They can advertise it so that any
commissioners can attend.
Item #5B
PRESENTATION BY BETTER ROADS, INC. ON 6-LANING OF
COLLIER BOULEY ARD FROM IMMOKALEE ROAD TO
GOLDEN GATE BOULEY ARD AND THE 4-LANING OF TREE
FARM ROAD EAST OF COLLIER BOULEY ARD (PROJECT NO.
65061) - PRESENTED
MR. MUDD: Commissioner, the next presentation is a
presentation by Better Roads, Inc., on six-laning of Collier Boulevard
from Immokalee Road to Golden Gate Boulevard and the four-laning
of Tree -- excuse me -- the four-laning of Tree Farm Road east of
Collier Boulevard. It's project number 65061.
State your name for the record, sir.
MR. POWELL: My name is Robbie Powell. I work for Better
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May 8, 2007
Roads. Thank you for having us here today.
I want to begin by pointing out some of the people that are
making this project so successful and positive for Better Roads, one of
which is Mr. Richard Yucob (phonetic). He was hired by Better
Roads in August of 2006 specifically as the on-site project manager
for the widening of Collier Boulevard.
Also our Project Superintendent, Ralph Bridger. Ralph has been
with Better Roads for 22 years. He was hired in June of 1985. Hired
as a -- excuse me -- as an equipment operator. And since then, Ralph's
developed to be one of the best project superintendents in this area.
His success is stated as being completing many Collier projects,
including Livingston Road phases one, two and three, and the
four-laning of Collier -- excuse me -- four-laning of County Road 951
from Davis to U.S. 41.
Along with that, we also have Mr. Joe Restivo, who many of you
may know. He was hired by Better Roads in 1986 as the assistant to
the general superintendent and currently holds the title of
vice-president of operations, and he is our corporate representative for
the widening of Collier Boulevard.
Me, myself, I was hired by Better Roads in -- December 26 of
2000 as the assistant to Mr. Restivo. I'm currently the project manager
for Better Roads and senior project manager for Collier Boulevard.
Some of the project -- the work that's going on currently you might
see driving through there or stopping to visit, the curbs on the
southbound lanes are currently under construction. We've placed
approximately 12,000 linear feet in the last two to three weeks.
We have four ponds that are being excavated. All four ponds are
coming into completion here in the near future.
The drainage in the utility construction is scheduled to be
completed prior to rainy season. And with that said, I just would like
to point out that there has been exceptional work by our underground
utilities subcontractor DN Higgins, Incorporated, which is one of the
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May 8, 2007
big reasons we are where we are right now.
The southbound roadway embankment and the stabilization
sub grade curb pads and the intersection grading are all ongoing during
the project at this point.
As of right now, the project status -- or excuse me. As of April,
the project status, we've completed approximately $20 million worth
of work. The contract amount for this project is $40,556,620.32. And
now of this 40 million, $3,052,000 of this is allowances that have been
put into the contract for any unforeseen conditions.
So with that said, the actual work amount for the contract is
$37,504,385. Using that total work amount, we figure we have
completed approximately 53 percent of the project.
The project is also a 900-day project. The time started in--
October 25,2006. As of May 8th, 195 days of the 900 days have
elapsed -- excuse me -- equalling about 22 percent of the contract time
used. The 22 percent of the project time has expired and Better Roads
has completed approximately 53 percent of the work.
Now, in closing, I would just like to point out that the success of
this project is obviously not just the one entity. We have a very good
project team, and Better Roads, Johnson Engineering, and your
representatives from the Collier County transportation. Thank you.
CHAIRMAN COLETTA: Thank you.
Commissioner Coyle has a question, sir.
COMMISSIONER COYLE: Yeah. I'm not sure I understand it.
It seems to me that you've told us that from both the budget standpoint
and the work standpoint you have completed about 50 percent of the
work?
MR. POWELL: Correct.
COMMISSIONER COYLE: Does that mean that it's still going
to take us until April the 12th, 2009, to get this job completed?
MR. POWELL: The current schedule would indicate that we
should be getting done early. Unfortunately at this point we haven't
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May 8, 2007
experienced the rainy season yet, which we don't know what that's
going to bring to us, too. Weare dedicated to keeping people on the
job and proceeding with it as quickly and as diligently as we can. But
we can't control the weather, so we're going to have to do the best we
can at that point.
COMMISSIONER COYLE: Okay. It's just remarkable that
you've been able to do 50 percent of the work in, let's say, four or five
months.
MR. POWELL: Approximately six months.
COMMISSIONER COYLE: Okay, six months, and the
remaining 50 percent of the work is going to take another two years.
But I guess that depends upon the nature of the work.
MR. POWELL: Yes.
COMMISSIONER COYLE: I guess it gets a little tougher later
on, huh?
MR. POWELL: Well, once we get the project a little bit further
along whereas we get traffic switched and we can get ourselves out of
what I hope to be a small rainy season, yes. From what you're looking
at and what I've told you, that would tell you we shouldn't take two
years to complete the job. But we have unforeseen issues that we can't
address, like I said, as of weather.
Again, I hope I answered your questions. We're going to be
diligently pushing that to get done as quickly as possible. But I,
unfortunately, can't predict the weather for you.
COMMISSIONER COYLE: Okay. And are there any issues
that you're currently experiencing or that you can reasonably predict
where we might be instrumental in helping solve them early?
MR. POWELL: Well, I think right at this point with any and all
road construction projects, you're going to have issues come up. The
project team that we have has been very good as far as getting things
resolved and spearheading any problems before they become major
Issues.
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May 8, 2007
COMMISSIONER COYLE: Okay.
MR. POWELL: So right now I would say that I would very
strongly believe that the team could handle any issues that come up at
this point.
COMMISSIONER COYLE: Good. Thank you very much.
Good job.
CHAIRMAN COLETTA: Thank you. We thank you very much
for your presentation.
MR. POWELL: Thank you.
(Applause.)
Item #6A
PUBLIC PETITION REQUEST BY ANN B. HALL TO DISCUSS
LEGALIZATION OF GOLF CARTS AS AN ALTERNATIVE
MODE OF TRANSPORTATION FOR THE ISLES OF CAPRI
COMMUNITY - MOTION TO BRING BACK AND PLACE ON
THE JUNE 12, 2007 BCC AGENDA - APPROVED
MR. MUDD: Commissioner, that brings us to public petitions,
and you have one public petition. It's a request by Ann B. Hall to
discuss legalization of golf carts as an alternative mode of
transportation for the Isles of Capri community.
Ms. Hall?
MS. HALL: Thank you. Good morning, Mr. Chairman,
Commissioners and also Mr. Mudd. We thank you for the opportunity
to bring the petition to you.
I'm Ann Hall, and I am a 10-year property owner and full-time
resident of the Isles of Capri. I currently serve as the island's -- Island
Preservation and Enhancement Team chairman and am also on
Commissioner Fiala's Island Advisory Board representing Capri.
I'd like to thank you on behalf of the residents for allowing me to
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May 8, 2007
bring this petition request to you that you amend the recently
approved ordinance, 2006-57, for Goodland, to include the Isles of
Capri. I'm sure most of you know, but the ordinance does deal with
the legalization of golf carts in alternative mode -- as an alternative
mode of transportation in an island walking-style community such as
ours.
My husband and I personally do not own a golf cart, don't plan to
buy a golf cart, but I'm here representing the community in this matter.
For those of you who are not familiar with this island, it actually
consists of four small Islands. I have a picture of it. It's much too
small for you to see at this point. But if any of you would like to look
at it --
MR. MUDD: Ma'am, if you'd give it to me, they will see it.
MS. HALL: Okay, thank you, thank you. Oh, great,
tremendous.
It actually has 1.6 tenths mile in length. Eddie and I walk it every
day, sometimes twice a day, back and forth to get in our exercise, and
so we're constantly on the bike walk path, thanks to the department of
transportation for its enlargements of this particular path.
Those -- we also have a business island in the middle of the
island. We have four little islands hooked together by land bridges,
and in the middle of the island there you'll see a business island, and
this just really consists of a few small chiki hut bar restaurants, and we
have a couple of marinas and we also have a little general store and a
couple of realty offices and a couple of small condominiums there.
The year-round population in this particular island is really 250
people, including children. We also have a handful of children on
each island. If you have seasonal counts, we find that we run around
750 to 800 during the months of January or February through April.
The -- currently there are about 10 golf carts that you see --
whether they're legal or not, they're there -- up and down the island. A
couple of the people ride to work who work at the restaurants or the
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May 8, 2007
marinas. We also have one that we use to pull the water trailer during
the drought times to serve our landscape on the island, and we have a
few of the local realtors that show property using their golf cart.
We also have some of the severely handicapped residents that use
them to feel like they're out walking and communicating with their
neighbors and friends along the way or to have lunch or dinner at one
of the local restaurants there.
We have one that actually -- a disabled resident that walks his
dog by golf cart. His wife rides along with him holding the leash.
And then we also have one who's missing a leg, and he uses this as a
means of getting out. Makes him feel like he's with the bikers and
walkers. We have, as I said before, a couple that ride to and from
work.
During special events, such as the ones that are sponsored by the
civic association -- we have an annual boat parade, we have an annual
yard sale in which the entire island is involved. We have Capri
Christian Church's Easter service under a big tent there, and we find
that a lot of people use golf carts to attend these events. It's an
economical -- and most of them are electrical, so it's an economically
and environmentally friendly way.
I have one that was just taken at the Sunday service, Easter
service, this year to show you that this occurs. The parking is so
limited on our island that we find that this sometimes helps to alleviate
that during large functions.
A number of the residents have requested that I bring this before
you, that we make this legal. I don't think all of them know that
driving golf carts is illegal; however, we know that it is, and so we felt
like, to have a set of rules we could have a better handle on governing
golf cart use.
The only rule that we hear over and over and over again that they
would like to see if you were to approve that this go before staff and
be recommended, is that the drivers of the carts be exclusively people
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May 8, 2007
with valid driver's license. No children. And currently we do see
children driving them.
There are about, as I said, 10 that share the right-of-ways along
our island. The island right-of-ways are fairly large because, thanks to
the department of transportation, we have widened them by eight or
more plus feet, and that's four on each side.
And in addition to the repaving of the bike walk path, which is in
the right-of-way, there is an ample right-of-way space that's for bikes
and other vehicles along that way. We have way more right-of-way
along the island than we have had in the past.
The Isles of Capri Board of Directors and its membership
unanimously approve the request to petition. Their input was -- or the
input for the last four months was asking the community for their
feedback and their input and their ideas. For four consecutive months,
we've had notices in the Island Voice Newsletter. We've had it on the
agenda of all of the association meetings. We've had it in
publications, and I do write an article, or column rather, for Capri in
the Sun Times, and some of you may have seen that in your packet,
but showing that the residents have gone through all the steps that they
feel that they can do at this point to bring this petition to you.
We've had no negative input, just a reminder to make sure that
the rules are consistent with those that are in the ordinance that they
have seen for Goodland.
I have made my desires known to Commissioner Donna Fiala at
the February Island Advisory Board meeting, and she suggested that I
speak with the assistant county attorney. I did speak with Jeff Klatz
(sic), county assistant attorney, and I also spoke with Scott Teach, and
both of them have advised me to perform -- to bring together this to
you.
Mr. Klatzkow said that he thought it might be feasible in that
Goodland's could be amended provided that the department of
transportation, after researching this, felt that it was safe -- we could
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May 8, 2007
operate these in a safe way.
So our community's in hopes that the commissioners -- that you
commissioners would look favorably upon our request because we
feel that if we have an ordinance such as this, it will provide a better
handle for requiring safe and responsible handling of golf carts on the
right-of-ways in the community.
If you have any questions, I'd be glad to try to attend to those at this
time.
CHAIRMAN COLETTA: Yes. Commissioner Fiala, then
Commissioner Halas.
COMMISSIONER FIALA: Yes. I would hope that we could
bring this back. I think that this is not something that's an
overwhelming use on the islands, only in particular instances where
people are handicapped and they do have -- the thing that's very
encouraging about Isles of Capri is they have roadways right there to
ride them on. They're not going to be riding on the streets. They're
going to be riding in the designated areas, which makes it a lot safer
for these people. And it's four little islands. And so I think that it
would be very, very good on our part to bring it back, hear from our
county transportation department and see what we can do about
putting this in effect.
MS. HALL: I thank you. I'd like to also remind you that of the
little side streets that we have, almost -- all but three actually are
dead-end. They have no access. We have one major access. In and
out, and that's Capri Boulevard.
COMMISSIONER FIALA: And people aren't really going
anyplace. I mean, when they get onto Isles of Capri, it's not like
they're going to a shopping mall off the Isles of Capri. It's a dead end
there, too.
MS. HALL: Right. We don't even have a post office.
Thank you very much for your time. If there are other questions, I'll
be glad to answer them.
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May 8, 2007
CHAIRMAN COLETTA: Commissioner Fiala, I agree about
bringing it back.
Let's go to Commissioner Halas.
COMMISSIONER HALAS: Yeah. I think it needs to have
further study. I've got some very serious concerns in regards to the
laws of physics. As you know, golf carts don't have air bags or seat
belts, and I believe the speed limits on that island, especially some of
the throughways, are 25 mile an hour. Golf carts probably travel 12
mile an hour. So if you have an impact, that's equivalent to 37 mile an
hour.
The other concern I have, you said that -- in your statement, that
you presently have children that are driving --
MS. HALL: Right.
COMMISSIONER HALAS: -- golf carts, and I think that's
going to be very difficult to enforce. But I'm willing to put this
forward, but I think that there's some real concerns here, especially
during the height of the season basically that starts December through
March, and a lot of times out-of-town drivers, we have a lot of
problems with them even addressing the issues of stop signs and
streetlights -- stop signs and stop lights themselves.
So I think that we need to look at this very carefully. And if
you're going to run these at night, obviously they're going to have to
have lights.
MS. HALL: Right.
COMMISSIONER HALAS: And I'm very concerned ofthe fact
that the level of impact could be as much as 37 miles an hour, and
then if you've got some other people that are traveling faster than 25
mile an hour, of course the impact velocity goes up. So there are
some concerns that I think we need to address.
MS. HALL: Yes, sir, and I appreciate those.
COMMISSIONER FIALA: So may I make a motion then to
bring this back? And I'd like it -- when you bring it back, Scott,
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May 8, 2007
maybe you could write something in there to help the islanders so that
it's illegal for kids to ride in these things. That gives them the
opportunity to enforce it as well as the sheriffs office because that
would be a safety hazard, whether we have the law in place or not.
And I think this law would give them a better opportunity to police
that, if you want to use that word.
MS. HALL: Right. It is our -- what we have commissioned and
assured our community that -- is if this is approved and does go
through, we will make sure that every single person who lives and
visits this island has information on whatever procedures and rules
that we do come up with.
MR. TEACH: In the current ordinance for Goodland, it does
have -- you have to be a licensed driver, so --
MS. HALL: Right.
MR. TEACH: -- you know, presumably you'd have to be at least
16.
MS. HALL: And I believe that--
COMMISSIONER HALAS: How are you going to enforce it?
COMMISSIONER FIALA: They will.
COMMISSIONER HALAS: No. I've got a problem with that.
COMMISSIONER FIALA: Yes, they will.
COMMISSIONER HALAS: Okay.
CHAIRMAN COLETTA: We have a motion by Commissioner
Fiala to bring this back, a second by myself, Commissioner Coletta.
Any other discussion?
(No response.)
CHAIRMAN COLETTA: All those in favor of the motion,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
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May 8, 2007
CHAIRMAN COLETTA: Opposed?
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Okay. And let the record show
Commissioner Halas was the dissenting vote.
MR. MUDD: Commissioner, I'd like to bring that back by the
first meeting in June if that would be okay with the board.
CHAIRMAN COLETTA: Whatever works for staff.
MR. MUDD: Okay with you?
Item #9A
RESOLUTION 2007-118: APPOINTING HAROLD BERGDOLL
AND RE-APPOINTING WILLIAM L. SEABURY (W /W AIVER
OF TERM PROVISIONS) TO THE FOREST LAKES ROADW A Y
& DRAINAGE ADVISORY COMMITTEE - ADOPTED
MS. HALL: Okay. Thank you very much. Thank you.
MR. MUDD: Commissioner, that brings us to the Board of
County Commissioners items. The first item is 9A. It's an
appointment of members to the Forest Lakes Roadway and Drainage
Advisory Committee.
COMMISSIONER COYLE: Which item is that, 9A?
MR. MUDD: 9A.
CHAIRMAN COLETTA: 9A.
COMMISSIONER FIALA: Motion to approve the committee
recommendations of William Seabury and Harold Bergdoll.
MS. FILSON: And that's including the waiver?
COMMISSIONER COYLE: Second.
COMMISSIONER FIALA: Oh, yes, including the waiver,
excuse me.
CHAIRMAN COLETTA: Same with you, Commissioner
Coyle?
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May 8, 2007
COMMISSIONER COYLE: Yep.
CHAIRMAN COLETTA: So we have a motion by
Commissioner Fiala to approve the committee recommendations,
seconded by Commissioner Coyle.
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 FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it 5-0.
Item #9B
RESOLUTION 2007-119: RE-APPOINTING SERGEANT DAVID
ESTES (LAW ENFORCEMENT GROUP) AND MICHELE
ANTONIA (ANIMAL ACTIVIST GROUP) TO THE ANIMAL
SERVICES ADVISORY BOARD - ADOPTED
MR. MUDD: Commissioner, the next item is 9B, appointment
of members to the Animal Services Advisory Board.
COMMISSIONER COYLE: Motion to accept --
COMMISSIONER FIALA: Motion to approve --
COMMISSIONER COYLE: -- the recommendation of the
committee.
COMMISSIONER FIALA: -- what they -- oh, what did you
say?
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May 8, 2007
COMMISSIONER COYLE: Motion to accept the
recommendations of the committee.
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: Okay. We have a motion by
Commissioner Coyle to accept the recommendations of the
committee. It was seconded by Commissioner Fiala.
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 FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it 5-0.
Item #9C
RESOLUTION 2007-120: RE-APPOINTING HEIDEMARIE
KULP A (REPRESENTING COLLIER COUNTY) AND E.
GLENN TUCKER (REPRESENTING MARCO ISLAND) TO THE
COLLIER COUNTY COASTAL ADVISORY COMMITTEE -
ADOPTED
MR. MUDD: Next item is 9C, appointment of members to the
Collier County Coastal Advisory Committee.
COMMISSIONER HALAS: I make a motion that we approve
the committee's recommendation.
COMMISSIONER FIALA: Second.
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May 8, 2007
COMMISSIONER HALAS: Okay.
CHAIRMAN COLETTA: We have a motion by Commissioner
Halas to approve the committee's recommendation. It was seconded
by Commissioner Fiala.
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 FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Any opposed?
(No response.)
CHAIRMAN COLETTA: None. All those -- I'm sorry. It was
all in favor, majority.
MR. MUDD: Sir, the motioned carried.
Item #9D
RESOLUTION 2007-121: RE-APPOINTING W.J. "JACK"
MARKEL (TECHNICAL FIELD) AND FAY R. BILES (LAY
MEMBER) (W/W AIVER OF TERM PROVISIONS) TO THE
COLLIER COUNTY UTILITY AUTHORITY - ADOPTED
The next item is 9D, appointment of members to the Collier
County Utility Authority.
COMMISSIONER FIALA: Could I just ask a question on this
one. In the -- where it shows them -- under the applicant it shows Jack
Market, but under attendance it shows Jack Markel. Which one is he?
MS. FILSON: Markel.
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May 8, 2007
COMMISSIONER FIALA: Markel, okay. Motion to approve
the two applicants.
COMMISSIONER COYLE: And waive --
MS. FILSON: Oh, I'm sorry. And--
COMMISSIONER COYLE: -- section 7?
MS. FILSON: Yes. And that includes the waiver for Dr. Biles?
COMMISSIONER FIALA: Same.
COMMISSIONER COYLE: I'm going to have to get a raise if
I'm going to do two person's jobs here.
COMMISSIONER FIALA: Oh, and you deserve a raise,
Commissioner Coyle.
CHAIRMAN COLETTA: Give him another petition to read.
COMMISSIONER FIALA: Is that your second?
COMMISSIONER COYLE: Yes.
COMMISSIONER FIALA: Okay.
CHAIRMAN COLETTA: So we have a motion by
Commissioner Fiala and a second by Commissioner Coyle.
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 FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: None. It was unanimous.
Item #9E
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May 8, 2007
RESOLUTION 2007-122: APPOINTING KEVIN M. MCGOWAN
(H.R. ADMININSTRA TION & LAW ENFORCEMENT) AND
BONNIE MICHAELS (NATURAL RESOURCES) TO THE
HABITAT CONSERVATION PLAN AD HOC COMMITTEE -
ADOPTED
MR. MUDD: Commissioner, that brings us to 9E, appointment
of members to the Habitat Conser -- excuse me -- appointment of
members to the Habitat Conservation Plan Ad Hoc Committee.
COMMISSIONER FIALA: Motion to approve committee
recommendations.
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: We have a motion by Commissioner
Fiala to approve the committee's recommendations and a second by
Commissioner Coyle.
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 FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it 5-0.
Item #9F
BCC CHAIRMAN POTENTIAL MEDIATION DISCUSSIONS
WITH MAYOR BILL BARNETT REGARDING NAPLES BAY
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May 8, 2007
BOAT SPEED ZONES - NO ACTION TAKEN
MR. MUDD: Commissioner, next item is 9F. The BCC
chairman's potential mediation discussions with Mayor Bill Barnett
regarding Naples Bay boat speed zones.
CHAIRMAN COLETTA: Yes. In may, it's kind ofa moot
issue. The city council already decided that there was no reason for a
meeting.
Are you trying to push your button, Commissioner Henning?
COMMISSIONER HENNING: Go ahead and finish.
CHAIRMAN COLETTA: Okay. Well, that's basically it.
There's nothing to discuss. The city council has already withdrawn
their original suggestion for the meeting, so there's no sense to even
vote on it, in my estimation. It's a moot issue.
COMMISSIONER HENNING: Commissioner, have you
received correspondence from the mayor?
CHAIRMAN COLETTA: No, I have not.
COMMISSIONER HENNING: Okay. Is it based upon the
media report?
CHAIRMAN COLETTA: That and a phone call.
COMMISSIONER HENNING: From?
CHAIRMAN COLETTA: From the Mayor.
COMMISSIONER HENNING: Oh, okay, so you did correspond
with the mayor?
CHAIRMAN COLETTA: Well, I didn't correspond. Correspond
would be written.
COMMISSIONER COYLE: Communicate.
COMMISSIONER HENNING: Communicated, yeah.
CHAIRMAN COLETTA: Communicated, right.
COMMISSIONER HENNING: Okay.
CHAIRMAN COLETTA: Yeah.
COMMISSIONER HENNING: Yeah.
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May 8, 2007
CHAIRMAN COLETTA: So with that, I don't think any action's
required.
And with that, we are going to take a short break.
COMMISSIONER HALAS: Thank you.
CHAIRMAN COLETTA: Thank you. Be back in 11 minutes.
(A brief recess was had.)
COMMISSIONER HENNING: Everybody take their seats,
please.
CHAIRMAN COLETTA: I call this meeting to order.
COMMISSIONER HENNING: County Manager, the next item?
MR. MUDD: Commissioner, there's some question on 9F, if the
board should take an official action on the particular item, and I'm
going to have to defer to the county attorney for his guidance on this
particular item.
MR. WEIGEL: And the answer is, the board does not have to
take action on the item. They have several options. Of course, the
item could be withdrawn if you want to make that as part of the
record, but no action is required.
COMMISSIONER HENNING: Make a motion to withdraw
item 9F.
COMMISSIONER FIALA: Six -- I mean second. I'm looking at
six on my thing. Oh, gosh.
CHAIRMAN COLETTA: Okay. Commissioner Henning made
a motion to withdraw and Commissioner Fiala seconded the motion. I
think it was the same motion.
COMMISSIONER FIALA: Yes, sir.
CHAIRMAN COLETTA: Okay. Any other discussion?
(No response.)
CHAIRMAN COLETTA: Do you want a second to check your
notes, gentlemen?
COMMISSIONER COYLE: No, I'm ready.
CHAIRMAN COLETTA: All those in favor, indicate by saying
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May 8, 2007
aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it 5-0.
Item #10A
RECOMMENDATION TO ACCEPT A REPORT ON THE ROAD
MAINTENANCE LIMEROCK ROAD CONVERSION PROJECT
IN COLLIER COUNTY - APPROVED
MR. MUDD: Commissioner, the next item is lOA. It's a
recommendation to accept a report on the road maintenance limerock
road conversion project in Collier County. Norm Feder, your
Administrator for Transportation Services, with present.
MR. FEDER: Commissioners, I promise to be brief, after that
proclamation. Why I am here today, the board had asked us to return
and discuss where we were on the efforts of limerock conversion,
limerock roads, particularly out in the Estates that are county roads
that have never been paved and were being maintained on a quarterly
basis.
I'm pleased to tell you that your staff has taken the additional
funding that was provided over the last two years -- a year ago, a little
over a year ago, you gave us 1.3 million in addition to the 5.6
provided just last year in the budget, for about 7.5 million of total
budget for limerock conversion. This year 1.8 of that is not
reoccurring, but the rest of those dollars have been utilized in the full
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May 8, 2007
7.5.
As you see here, 24 road segments were projected to be able to
be built with that money. The projects are shown here in segments
completed.
The good new is that they came in a little bit under the budget
estimated. The 24 segments, 18 miles of limerock conversion, came
in at seven million, leaving us another 500,000.
We have taken that 500,000, added three more segments, 1.8
miles, and those four are the -- the three segments are 44th, 12th, and
32nd, as you see here. So we're very pleased to tell you that there's
been significant progress made on the program.
This was the overall set of miles, about 87, when we started.
We're looking at a continuation at about 5.5 million based on prior
budget. That will bring us in a little over four years, just under five
years, to completing the project, assuming we don't move on bridges,
which was the other thing authorized under this. Here's the before
condition. Pleased to show you this is the after of what we have out
there.
I'd like to recognize John Vliet, your road and bridge
superintendent, also in his staff, Andy Vaniscak, Mark Rothenberger,
Alex Blanco, Shannon Dennie, and also Mark Lindsay, who is not
here, who are the team that brought you this. They utilized two
contractors, got them competing with each other, awarded out the
work. As each one finished, they got another set of assignments. And
so they brought this in to you in very good time, well before the rainy
season and a little bit under budget, able to get another three segments,
1.8 miles, completed.
CHAIRMAN COLETTA: Mr. Feder, I want to thank you and
your staff for doing an excellent job in getting this completed in such a
short period of time and under budget. It's remarkable. The people
out there are extremely appreciative that this commission is honoring
a promise that was made years ago.
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May 8, 2007
Thank you very much for what you did.
Commissioner Henning?
COMMISSIONER HENNING: Mr. Feder, Conservation Collier
is targeting certain areas in Golden Gate Estates. Getting a quick
glimpse on one of the slides that you've shown, the ones in the red
close to 1-75, I think part of those properties are their targeted areas.
I'm sure that you're coordinating with them on these items.
MR. FEDER: Weare, additionally by board's direction, we're
going after those segments that we have the most impact on with the
most homes on them. Most of the areas that you're speaking to have
few, if any, homes on them and, therefore, are way down on the list
and would be evaluated as time goes along, depending what action is
taken. Obviously we don't want to pave it if they're going to be
preserving it.
CHAIRMAN COLETTA: I hope we don't ever reach the
direction that a previous commission took many years ago where out
in the south block they denied services to be able to bring down the
cost of the land, and a lot of lands went into foreclosure. They were
picked up for next to nothing and the price was artificially reduced.
I think here we're doing the right thing. It's based upon the population
on those streets. It's the fairest way you could ever do it. I get calls
continuously, people saying, well, my street should be first because of
this reason or that reason.
The formula is extremely simple. It's the amount of houses on a
street by the lineal feet of the street that has to be surfaced. Divide
those numbers and you come up with how the ranking's going to be
made, and the ranking will be done every year according to the
available money, who gets to be done next.
So we're taking care of that part of the population that can get the
greatest benefit out of it as we move forward. But what we
accomplished, what you accomplished in this past year, you probably
could take, what, the last 10 years, roll them together, and it wouldn't
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May 8, 2007
even equal this?
MR. FEDER: Yeah. We're basically at about 400,000 out of our
resurfacing program, so obviously this board put a big emphasis on
this, and we've tried to respond.
CHAIRMAN COLETTA: And I'm sure we're going to see
increased valuations on these homes that will result in additional taxes
to help under -- cover these costs in a short time, plus the maintenance
factor alone will equal out in about, what was it, an 8- to 10-year
period?
MR. FEDER: Actually it's a little longer, Commissioner, but
your point's still well taken. If I'm out there quarterly trying to grade,
after about 15 to 20 years you end up paying more in just the ongoing
maintenance. And even during that time the day or two after you've
graded, if it's a dry season, there's dust everywhere. It's the wet
season, you've got the potholes again.
CHAIRMAN COLETTA: And I might mention that anyone that
would like to see more detail on that, on my website, my county
website, you'll find a link to transportation that has a detailed video on
what's taken place to reach this point in time.
Thanks, again.
Is there any other questions or comments?
MR. MUDD: It's a recommendation to accept this report, sir.
CHAIRMAN COLETTA: I make a motion that we accept this
report.
COMMISSIONER FIALA: Second.
MS. FILSON: Mr. Chairman, I have a speaker.
CHAIRMAN COLETTA: Oh, please.
MS. FILSON: Bill Poteet.
CHAIRMAN COLETTA: Hi, Bill.
MR. POTEET: Good morning, Commissioners. Bill Poteet, for
the record. I am the Chairman of Conservation Collier. And
Commissioner Henning brought up a question about some parcels in
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May 8, 2007
the south end of the Estates that we were looking at purchasing as to
whether it affected the transportation plan, and I can tell you that Alex
Sulecki had contacted transportation and showed them the areas that
we were looking at along the intersection of Everglades Boulevard
and where it would intersect to 1-75, and transportation told us to hold
certain parcels aside and not go after those. So we have not put them
as part of our strategy whatsoever. We've excluded them. So we are
working with transportation on that issue.
Okay. Thank you.
CHAIRMAN COLETTA: Thank you.
Any other comments?
(No response.)
CHAIRMAN COLETTA: None. All those in favor of the
motion, indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it 5-0.
Thanks again, Mr. Feder, and staff.
Item #10B
DISCUSSION WITH THE BOARD OF COUNTY
COMMISSIONERS REGARDING THE TRANSPORTATION
PRODUCTION READINESS (DISCUSSION PURPOSES ONLY) 5
YEAR CAPITAL WORK PROGRAM AND THE FUNDING
SCENARIOS FOR THE POTENTIAL $182 MILLION
SHORTFALL OVER 5 YEARS - MOTION FOR STAFF TO
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May 8, 2007
BRING BACK RECOMMENDATIONS TO A FUTURE BCC
MEETING - APPROVED;
MOTION TO MOVE FORWARD WITH TRANSPORTATION'S
RECOMMENDATIONS - APPROVED
MR. MUDD: Commissioner, next item is lOB. It's a discussion
with the Board of County Commissioners regarding the transportation
production readiness, discussion purposes only, five-year capital work
program and the funding scenarios for the potential $182 million
shortfall over five years.
Again, Mr. Norman Feder, your Transportation Administrator,
will present.
MR. FEDER: Commissioners, when we came to you with the
annual update and inventory report, we identified about 180 million
that we were looking at, what were the creative ways we could seek to
fund it, and we showed, as potential developer contribution
agreements, other options.
This board, very appropriately so, said that they wanted to flesh
out exactly how that 182 million would be funded or seek to modify
the program in such a manner that, in fact, it is truly cost feasible
without having to rely on issues that we really can't reasonably project
based on past actions and where we are right now.
With that in mind, we've taken an effort at bringing back to you
some recommendations and how we might balance to the fiscal
resources that are available.
What you have in your package and what I have up on the
prompter here is a five-year work program that, in fact, does balance
reality. It leaves about 63 million available at the end of the fifth year
in case revenue streams do not materialize as anticipated. So in that
sense, even with the items I'm going to mention, it does leave some on
the table.
What we'd look at is if revenue sources do materialize as
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May 8, 2007
expected -- and it's fairly conservative estimates in some areas of
revenue stream -- that we would then, be it in another year or two,
have the ability to try and evaluate whether or not to program some of
that 63 million or to continue to hold it in abeyance until we see
further how revenue stream and costs continue to go.
Generally the program, as I said, is within the transportation
section revising some of the approach to try to come to the balance
situation. We have impact fees as one item that we had mentioned to
you previously. We're looking at our impact fees. We're in the
process of an update of our transportation impact fee. Also, as you're
aware, the indexing of the impact fees is being evaluated as well.
What we'd look at is, that we come in with the indexing. They
haven't presented to you yet, but the latest that you've seen is we're
about in the area of a 29.7 percent increase on transportation, being
one of the highest increases because the cost of petroleum products
and other issues related to the construction costs have escalated. But
that 29.7, if the indexing issue goes forward and transportation is
indexed at that level, we would continue our study.
We're trying to look at trip length and other issues and more
localized data and then come back with an undate to our impact fee at
that time and adjust it accordingly beyond anything that might have
been done with the indexing itself.
So in that sense, we're looking at the prospects of at least about a
30 percent increase. Approximately a bit more once we've finished the
full study efforts. Our projection, based on that, is about 85 million of
additional revenue.
We also looked at it, and within stormwater, you know you've
established .l5 mills as a specific ad valorem allocation to stormwater.
We had a couple of projects where we went beyond the roads'
stormwater needs or drainage needs to incorporate provisions for
stormwater projects, most notably on Rattlesnake Hammock Road,
provisions for part of LA SIP, and also on Goodlette-Frank, provisions
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May 8, 2007
for portions of our Gordon River stormwater and drainage process.
So in those two cases, we looked at specifically what was solely for
the stormwater projects and not for the road project, and that's about
$3.365 million that, in fact, we're bringing back in, pulling out of the
.15 mills and making the stormwater portion pay for those features
that are solely the stormwater project.
General fund turnback. That's one thing when you did review the
AUIR and ask us to come back to you, you asked us to look at it. At
the time is was about 11 million. But as was indicated, even at that
time, some of that was dedicated to other projects.
There's about 6 million of that that was able to be brought in for
transportation, and so we've added that into the equation to try and
respond to the shortfall that was shown in the AUIR.
County Barn Road. County Barn Road is slated for going to
construction either late this year, beginning of next. We have the
right-of-way, we have the design, but we actually are very, very close
to the production on Santa Barbara extension also running from Davis
down to Rattlesnake.
With that in mind, and understanding that the Santa Barbara
extension also services travel all the way up -- and fairly soon, up to
Bonita Beach Road maybe, but at least up to Immokalee Road very
shortly -- that that corridor was probably better serving the network.
What we're looking at, for about three million, we can go from a
four- to a six-lane on the Santa Barbara extension. That would then
meet the same lane call with two lanes on County Barn, six lanes on
the Santa Barbara extension until we can come back and move on the
County Barn project.
I'm not recommending that we abandon the County Barn project.
All along we told you that even if we went four and four eventually,
we'd have to go wider on the Santa Barbara project. So we are
recommending that County Barn be moved out of the five years but
not off the plate altogether. That needs to be done.
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May 8, 2007
What that does is save us about 35 million, because -- 3 million
additional on Santa Barbara versus the 38 million that was going to be
on County Barn.
Oil Well. We had a developer contribution agreement, as you're
well aware, talking about two of the projects being let late this fiscal
year, beginning of the next, basically the west end, which is most
critical for us initially, and the east end, and then doing the middle in
about fiscal year' 11.
What we're looking at right now is, we've had some different
estimates. The estimates are starting to come down a little bit. We're
working directly with Ave Maria and the Town of Ave Maria to see
what we can do to further reduce the cost of the materials and the
construction issues.
We believe that we can maintain the cost estimate for the first
segment, go back to the original estimate for the other two. Overall
about 90 million on the project, which is a slight increase from the
way it was, but it's a reduction from the way it was in the AUIR,
would leave us in a pretty good situation to get those projects done.
Grants and reimbursements. We've looked at it based on five
years or historical levels or looking at the work program that DOT
has come out with. And based on that, we've increased our
projections by 8.6. Again, we're looking at historical levels that we
receive and what they've actually programmed in their five years, so
we feel fairly comfortable with these projections.
Landscape projects. What we've done on that is you've had
projects that, once they finish their multi-laning at the six-lane full
standard, if they were new projects being built with gas tax, we would
then fund the landscaping to follow with gas tax.
In other cases like U.S. 41, we would do that landscaping with
the fund 111 or the unincorporated MSTD. What we're
recommending is, in fact, that we stay with the unincorporated 111
MSTD, not that we increase the revenue stream there but rather that
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May 8, 2007
we work with implementation as we have the funding capability.
What we've seen so far, it won't be a major slowdown but a bit of a
slowdown of our ability to implement shortly after the finish of
construction. All of the maintenance, of course, is already covered
under the 111 MSTD. So what we're saying is about 11 million that
we have projected over that five years that was going to be in gas tax,
rather convert that over as funds available into 111.
The estimated projects. They've all been updated, cost estimates.
Last two items here to note to you is we're recommending a
commercial loan of 50 million. I'll let Mike Smykowski, your budget
director, talk to the specifics of that, but essentially what we're looking
at is a five-year loan to be paid back over the five-year work program
itself. And as I said, we also kept ourselves a reserve at the end of that
five years, even what we're presenting to you, about 63 million.
Then reserves, as we note. We had had guidance on levels of
reserves. We have increased our estimates to what we think are
historically quite high levels that we had experienced previously.
We're seeing costs come down just a little bit. What we've done is
tried to pull back on those reserves because we feel we've done a
pretty good job of estimating on the projects, and we left ourselves at
63 million in the outside to see where we are in case we need to
address it on that end.
That, overall, would put us in a situation, as I said, where we're
pretty much balanced. The issue that then comes up is we have a lot
of our production readiness in fiscal year '08. We have not
programmed much in our fourth year, nor have we really programmed
any new initiatives, as I mentioned, the fifth year to establish that
balance that we'll looking at, and look at those last two years.
But what we're looking at, if we're going to be able to move in
fiscal year '08 with a lot of the production that comes ready. That's
why we're looking at the commercial paper.
We have on here an item called cash flow of the construction
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phases. I'll let Mike cover that in some detail. What I want to assure
you is that we're not looking to encumber beyond the cash that we
have available at any time, but we do have a carryforward. And if you
look even here on this current work program, you've got a --
MR. MUDD: I'll get it.
MR. FEDER: -- you've got a significant carryforward, and that
basically occurs, because while we encumber the full cost at the
outset, whether it be the design right-of-way or construction phase,
they all payout over a period of time. Your right-of-way can be over
four or five years, your construction usually over two and a half, and
your design can be over a year and a half to two years.
So what we're looking at is you're going to have a carryforward
or dollars available. We're looking at commercial paper of 50 million.
But in every case we come to you with all of these
recommendations, and that's all they are is -- as information to you,
and then you give us back direction.
We're going to be coming to you in the budget cycle. Every
project has to come to you, and before we move on it, you'd need to
know whether or not the dollars are available and where we stand on
it.
And with that, I'll turn it over to Mike Smykowski to give you a
little more feel on the issue of the commercial paper, and any
questions you have, either he or I will try to consider answer. Thank
you.
MR. SMYKOWSKI: Thank you, Norman.
For the record, Michael Smykowski, County Budget Director.
On the overhead, it -- Norman has depicted the five-year work
program, and the highlighted projects are shown on a cash flow basis
based on the expected payout curves for each of those projects.
As Norman indicated, you typically have a two-,
two-and-a-half-year payout curve for each of the construction jobs.
But what this doesn't do and what I've attempted to do is simply -- this
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May 8, 2007
is the same project list. The areas in yellow identified -- the cash flow
has been moved from the out years.
The green areas that are highlighted note the year in which the
projects would be let. In other words -- and to let the contract, you
would need a budget appropriation in place to let that contract. But
again, as noted in the previous worksheet and depicted here in the
yellow is the anticipated payout curve for each of those respective
projects.
And as Norman noted, in the fourth and fifth year of the work
program, which are fiscal years '11 and '12, he has not budgeted many
projects to ensure that he has the capability to repay the loan above
and beyond the $63 million in projected surplus. But again, that's built
upon an anticipated impact fee revenue stream, and this gives Norm
some flexibility and some cushion should impact fees not materialize
to the level identified within each of the individual fiscal years in the
five-year plan.
At the very bottom row, here's a $50 million loan. And you see
at the -- at the very bottom here, the total projected expenses exceed
revenues by 44.7 million based on the total amount of the contracts
that would have to be let in that given year.
Based on your 13 percent general government debt policy in your
debt policy, the $50 million loan amount is the remaining available
surplus that could be applied to the road program within that five-year
window.
And with that, Mr. Mudd wanted me to be very clear that with
the commercial paper loans we already have contemplated or board
approval for to move out on various construction jobs, such as the
sheriff operations center, the courthouse annex and the like, that this
50 million will essentially tap you out in terms of available
discretionary borrowing capacity for four to five years.
So the core projects will be funded, will be budgeted, and can be
accommodated within your debt policy, but we want to be clear that
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May 8, 2007
your ability to -- for discretionary borrowing in the -- in the five-year
window will be curtailed, assuming we would proceed with this $50
million loan.
The key though, again, is the cash flow issue. You need a budget
appropriation to award a contract for the full amount of the project.
Given that recent road bids, we've typically had one bidder, Norman
obviously is very concerned about trying to break projects up into
phases. In other words, you break a three-year road project and
attempt to break it into segments, and you award segment one,
segment two, segment three to staging the cost. So you would not
have to encumber the full amount in the initial year in which the
contract is let.
Given that we have had single bidders recently and given the
construction cost escalation, obviously Norman is gravely concerned
about trying to break those into segments and the probable adverse
impact it would have on the cost of those projects. So we wanted to
be very clear in that regard.
The key to understand though is that in fiscal year '08 you would
need budget appropriation -- you have a $50 million loan budgeted.
You would still have a $44 million, quote, shortfall in that year. So
you would need a -- to budget loan proceeds of 94 million, obviously
based on cash flow, it would be our anticipation given that, again, the
projected payout is over two to three years for each of those
construction jobs, is that we would never draw beyond the $50
million, but you would need the budget appropriation in place for --
with the loan proceeds budgeted at $94 million next year to enable
you to let those contracts with the understanding that over that
five-year period you would not plan on drawing beyond the $50
million, and that is the key point we want to make very clear to you.
Obviously this conceptual framework discussion today is kind of
a prelude to your -- to Norman's budget process. He's looking for
direction from the board to enable him to proceed with his capital
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May 8, 2007
budget. But, again, you will have budget workshops in June and you
will have the entire summer and the public hearing process before
which you would adopt a final budget for fiscal year '08.
And in addition, each of the respective contracts for the
construction jobs that would be -- that are planned for and identified
here, with the principle -- again, the principle construction jobs
outlined -- highlighted in green, would be back -- brought back to the
board on an individual basis before proceeding. You will have
multiple bites at the apple, as it were, before, you know, this program
would be fully encumbered and obligated in the upcoming year.
MR. FEDER: The other one thing I want to add to the discussion
is that the title on this work program that you see in front of you is for
budgeting purposes. It says for discussion purposes only, production
readiness.
We understand and have established our program based on the
board's direction to not show construction until we bring forward to
you a contract which can be approved by the board. And so we're
trying to get the budget in place to be able to be so responsive should
production and should the contracts and available funding be there to
move forward on those projects based on this production cycle.
But, again, while we haven't added a lot of new to the fourth and
fifth year, I need to clarify that, in fact, all of our construction phases
are in the fourth and fifth year until I can bring to you a contract that
the board can approve.
CHAIRMAN COLETTA: I think we've been through that quite
a few times.
All right. Let's see. We've got Commissioner Fiala,
Commissioner Coyle, Commissioner Henning.
COMMISSIONER FIALA: Okay. I have four questions, Norm.
Hopefully they're just real short answers.
MR. FEDER: I'll try.
COMMISSIONER FIALA: Like, for instance, any hopes that
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May 8, 2007
construction costs might go down?
MR. FEDER: Always hope.
COMMISSIONER FIALA: That's just -- I'm hoping that we are,
because --
MR. FEDER: We're seeing at least a leveling, and we're seeing
in some areas a little bit of reduction. I'm hoping that that's the trend
that we'll be experiencing.
COMMISSIONER FIALA: Great. That's what I heard, too, and
I just wanted to hear it from you.
I want to make sure on this cash flow that you have the dollars
before you issue the contract. I know that that's kind of what you've
been saying, but I just want to -- you know, real plain and clearly, you
will have the dollars before you issue the contract; is that correct?
MR. FEDER: In a pure cash flow, that's not the way you
operate. The state works on a cash flow basis as opposed to an
encumbrance basis. We have always worked on encumbrance.
What I believe we're looking at is, hopefully as we move forward
on this, that we'd not encumber unless we had the dollars available.
Although this is a concept that would allow you to consider a cash
flow, acknowledging that you have payout curves that go out into the
future, in each case I would have to bring that contract to the board.
As I said, that's out in the fourth or fifth year -- hopefully next year,
let's say, on a project -- and be in a situation where I can explain to
you where I am in dollars, and then the very next one I'd have to do
the same, and then the board can decide if you want to go beyond a
straight encumbrance, if! have the dollars to fully encumber, or if you
want to let it go based on a cash flow or, rather, to wait, hold it out
until such time as I have the funds to go under an encumbrance.
COMMISSIONER FIALA: Mike, you had something to add to
that?
MR. SMYKOWSKI: Yes. To be clear -- for the record, Michael
Smykowski.
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May 8, 2007
COMMISSIONER FIALA: I'd like that.
MR. SMYKOWSKI: The five-year program, as shown, you
would not necessarily have the full cash in hand. You would have a
commitment to borrow in fiscal year '8 totaling 94,700,000 as depicted
in FY-'08.
Again, based on cash flow, Norman has a large volume of cash
today. Obviously that will be paid down. But each day additional
impact fees come in, so you would not be borrowing -- the plan
assumes that we will borrow $50 million. To let the full contracts
based on the plan as shown there would require a commitment to
borrow of $94 million to let the contract, you need budget
appropriations, not necessarily the cash directly in hand.
And, you know, just to be simple, you know, the Santa Barbara
project's over $60 million, and it's going to be paid out over two, two
and a half years. We have current cash available to fund that, but it's
not going to be paid for two years. Even the $50 million loan, while
you would have a commitment and the board would have committed
on the record to borrow that 50 million, we would not -- we're not
going to draw the cash until Norman's cash flow would absolutely
dictate that we have payments beyond our current cash balances that
would not be sufficient to make those payments.
Because obviously on the commercial paper program, while it is
relatively a low interest rate -- it's currently about 3 and a half percent,
so it's relatively cheap money -- but interest accrues monthly and is
paid monthly. So obviously you would not want to borrow $50
million and begin incurring monthly interest expense before such time
as that was actually required based on the cash flow.
This would require some additional monitoring on the part of
staff in conjunction with the finance department. This also went to the
finance committee as well. I hope --
COMMISSIONER FIALA: The answer to my question of
making sure that you have the dollars before you issue the contract is
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May 8, 2007
maybe?
MR. MUDD; No, ma'am. He's saying -- he's saying you need
$94 million to be absolute. You have to borrow it ahead of time, and
you're going to borrow money and pay interest on it but you're not
going to pay the -- you're not going to pay any monies out of it for a
two- to three-year period of time. Why would you borrow the money
ahead of time --
COMMISSIONER FIALA: Right.
MR. MUDD: -- and because -- and pay the interest when you're
not going to need it? But to answer your question, you would need
$94 million in the bank according -- with this plan that he's got in
front of you, in order to have the money on hand, in order to award --
COMMISSIONER FIALA: Issue a contract?
MR. MUDD: And to award those contracts, yes, sir. And what
we're basically saying to the board is, let's have an assurance to
borrow the money for 94 million. Let's not borrow any more than the
50 because we don't believe that we're going to pay those monies out
in the first year. We'll pay them out in the second, third, fourth, and
fifth year.
COMMISSIONER FIALA: Right. I just wanted to make sure --
MR. MUDD: Yes, sir -- yes, ma'am.
COMMISSIONER FIALA: -- that before we're issuing any
contracts that we have the dollars. I think that's just fiscally
responsible.
The other question I have is for you, Norm. Do we have a
definite commitment for County Barn Road? Right now the road is in
such bad shape, first of all. Are we going to do anything to at least fill
in some of the holes in all of that stuff in there? I mean, there's a lot of
problems on the road as it is, and we've been delaying it naturally
because we thought we would be doing the road.
Are you going to fix the road so that it will -- it will suffice until
you widen it, or whatever you were going to do to it? And then
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May 8, 2007
secondly -- that's the first question. And the second question is, will
you give me a definite commitment in time?
MR. FEDER: First of all, we did a quick overlay on the project
acknowledging that it was getting delayed. We would go back and
look at pavement condition as it warrants. Definitely we need to
resurface because as we know now, we're not going to come at the
multi laning. We're proposing to move it out of the five years.
No, I can't give you a definitive time, Commissioner. What I can
tell you is I've got it production ready. I would hope as soon as I had
funding resources that I would try to move on it, but these other
projects you have in the work program, especially if I have the
capacity on Santa Barbara next to it, have to become the higher
priority, and I've got to move on those first. So that's why I'm saying
it's out of the five years, unless all of a sudden I get a huge amount of
new revenue.
And so I wouldn't -- I wouldn't try to tell you a year and then
mislead you. The only thing I can tell you is it's out of the five. But it
is production-ready, although we'd probably have to go back and do
some minor changes on the design and on the permit.
COMMISSIONER FIALA: So now the people that have been
held up in some of the things along County Barn because they had to
pay first in order to get it done because of the road widening, they'll
not be held up any longer, right, being that the road isn't going to be
expanded now?
MR. FEDER: Had to pay first for what, Commissioner?
COMMISSIONER FIALA: Like, for instance, turn lanes and so
forth. Like they held up the church from building their car -- what is
the place where they bury people?
CHAIRMAN COLETTA: Cemetery.
MR. FEDER: I will make sure that we're not holding anyone up
and we will look at the condition of the roadway, Commissioner.
COMMISSIONER FIALA: Okay, thank you.
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May 8, 2007
MR. FEDER: I'm not aware of us holding anyone up.
CHAIRMAN COLETTA: I'm sorry. Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Let me just try to make this
thing a little simpler. All we're saying is we're going to give Norman
Feder a letter of credit -- or line of credit for $50 million.
COMMISSIONER FIALA: Right.
COMMISSIONER COYLE: And then he draws against the line
of credit as he needs it for his project, and then he pays it back with
revenues he gets in the future. That's exactly what we're doing.
COMMISSIONER FIALA: Right.
COMMISSIONER COYLE: Okay. So I think -- I hope that will
help, but -- Norman, how much money for mitigation of all types is
included in these projections? Just an estimate.
MR. FEDER: Each one's a little bit different. I can ask Jay to go
through, but you've got anywhere from 10 to 15, 20 percent in there
for mitigation as we go out further out to the east.
COMMISSIONER COYLE: For the total -- total budget of 754
million --
MR. FEDER: Yeah.
COMMISSIONER COYLE: -- or more? So you've got --
MR. FEDER: He may be able to answer that a little bit more,
Commissioner.
COMMISSIONER COYLE: So you've got maybe 15,20 million
dollars for mitigation purposes?
MR. AHMAD: I don't have the exact number, Commissioner, I
believe it's about 10 to 15 million dollars. It's in that ballpark.
COMMISSIONER COYLE: Ten to 15 million, okay. So it's
worth talking about.
Okay. Now, I need to get the county manager involved in this
because I need your -- need your advice and consultation. We're
paying 10 to 15 million dollars in mitigation, and what I don't
understand is why purchases by Conservation Collier cannot be
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May 8, 2007
considered as mitigation. It's being paid by taxpayers of Collier
County. We're devoting at least 24, 25 million dollars a year in
general fund money to the road construction projects.
I don't understand why, when Conservation Collier buys property
that could be considered panther habitat or wetlands, protected
wetlands, or serve any other purpose that is environmentally sensitive,
I don't understand why we cannot use that for mitigation purposes.
And I believe that the federal agency will tell us we can. Will
they tell us that in writing? I don't know yet. But can we at least look
at that? Because if we can do that, we can get 10, 15 million more
dollars here or avoid the expenditure of 10 to 15 million more dollars
and save the taxpayers of Collier County tons of money.
There might even be other things we're doing that should get us
mitigation credits of one kind or another, and they might even include
zoning decisions. But if we can look at that -- could we please? I
mean, do you see any problem right off the top of your head with that
concept?
MR. MUDD: Yes, sir; yes, sir.
COMMISSIONER COYLE: You do see some problems?
MR. MUDD: You'd have to change your ordinance. Your
ordinance basically says, when you buy the property, you strip it of all
development rights. The minute you strip it of all development rights,
there is no mitigation credit. It's void. It has no more panther
anything. They see it as a zero -- as a zero gain. So you have to
change your ordinance and say that you're not stripping it of
development rights, and then at that particular juncture, what you've
just basically suggested is in the box for negotiation.
COMMISSIONER HALAS: Let's do it.
COMMISSIONER COYLE: Okay, all right.
CHAIRMAN COLETTA: Yeah.
COMMISSIONER COYLE: So if we do that, we save the
taxpayers tons and tons of money, millions and millions of dollars.
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May 8, 2007
MR. FEDER: Potentially, yes.
COMMISSIONER COYLE: And we do not lose anything
because we're not saying we're going to let it be developed. We're just
saying we're not stripping it of development rights. But if it is then
used for mitigation purposes, then we can strip it of development
rights; is that not true?
MR. FEDER: Yes.
MR. MUDD: Yes, sir. And what you have to -- and what you
can do is you could buy it with the intent not to develop it, hold the
development rights on it, and then when Norman or anybody else
needs mitigation credits -- and I'm talking about the government type
issues -- at that juncture you start with the negotiation with Fish and
Wildlife Service and whatever, you identify the mitigation credits that
that land has on it, okay -- you see, you can't bank it is what I'm trying
to get at. They won't let you bank your land, okay, for those credits.
It's instantaneous. We tried it before. We had some left over. Could I
move it to another project? And no, the other project has to be ready
to go simultaneously.
And then you get into that particular issue where you could save
the monies. And as soon as you get that, you slap a conservation
easement on it and strip it of development rights after you've got your
mitigation credit off of it.
COMMISSIONER COYLE: Okay. So is there any objection to
at least evaluating that and proceeding with it?
COMMISSIONER HENNING: No, I think that's wise.
COMMISSIONER COYLE: Okay, okay. Good.
COMMISSIONER HALAS: As long as we look at all aspects so
we don't get ourselves into some kind of a box.
COMMISSIONER COYLE: Yeah. Well, we need to make sure
we cover all the bases.
MR. FEDER: Commissioner, I think--
CHAIRMAN COLETTA: Let's hear from the county attorney.
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May 8, 2007
MR. PETTIT: I'm sorry. Commissioner Coyle, I think it's a
really good and interesting idea. And I'm sitting here thinking, I
worked with that ordinance. It's been a while since I was the advisor
to that committee, and I worked with the ordinance a lot, and we were
always concerned that tinkering with the ordinance could put us in a
situation where we had to do a referendum. As I'm listening to your
idea, I'm not sure that would be the case here, but we would have to
look carefully at that.
COMMISSIONER COYLE: It's -- we're really protecting the
taxpayers in this case. We're not eroding the purpose or the intent of
the Conservation Collier Program. We're merely keeping the
taxpayers from having to pay twice.
MR. PETTIT: I think you're correct, but we would want to take a
look at that.
COMMISSIONER COYLE: Okay.
CHAIRMAN COLETTA: Commissioner Coyle, may I make a
suggestion that you make a motion directing staff --
COMMISSIONER COYLE: Okay.
CHAIRMAN COLETTA: -- to bring this back to us?
COMMISSIONER COYLE: Okay. I would like to make a
motion that we direct staff --
COMMISSIONER HALAS: Second.
COMMISSIONER COYLE: -- to bring back to us
recommendations concerning how we can use preserved lands either
by Conservation Collier or otherwise as mitigation for other projects.
COMMISSIONER HALAS: Second that.
COMMISSIONER FIALA: Boy, that's great.
CHAIRMAN COLETTA: Okay. We have a bunch of seconds.
We'll recognize Commissioner Halas as the second for this.
We have a motion to direct staff to bring it back at the earliest
reasonable period of time so we can start, if we are interested in this,
possibly move towards a resolution to be able to change the ordinance.
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May 8, 2007
COMMISSIONER COYLE: Now, one last comment, and this is
just --
CHAIRMAN COLETTA: We have to take a vote first.
COMMISSIONER COYLE: I'm sorry. Go ahead. Yes, you're
right.
CHAIRMAN COLETTA: Ifwe could, any other comments
relating to the vote at hand?
(No response.)
CHAIRMAN COLETTA: 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?
(No response.)
CHAIRMAN COLETTA: The ayes have it unanimously. Thank
you.
Continue, Commissioner Coyle.
COMMISSIONER COYLE: Now, this is just a point of
information for the board members. You will recall that we made a
decision to direct staff to include in our first three years of our
five-year capital improvement plan only those things we could
absolutely be sure we could fund, and I'm happy to tell you that staff,
Nick Casalanguida, has informed me that that process is working, it
seems to satisfy the concurrency issues and DCA, and it appears that
we have maintained compliance with the Growth Management Plan
by doing that.
So I'm very happy because that gives us a better -- an opportunity
to get funding and make sure we've got the funding available for a
project before we stick our necks on the chopping block. So I'm very
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May 8, 2007
happy that that's happened, and thank the support -- thank the staff for
their support in getting that done and in the commission for providing
that direction.
MR. FEDER: We have not yet gotten the official from the
Department of Community Affairs, but that seems to be the indication,
and Nick Casalanguida is working with them directly on that.
COMMISSIONER COYLE: Good. But he's optimistic so far?
MR. FEDER: Yep.
COMMISSIONER COYLE: Good, thank you.
CHAIRMAN COLETTA: Let's move on to Commissioner
Henning.
COMMISSIONER HENNING: Mr. Feder, you're saying we're
going to do a budget amendment to recognize that $6 million in your
capital plan?
MR. FEDER: That's my understanding, if the board gives some
of that indication today. Again, a lot of this is coming to the next
budget cycle. We wanted to try to give you some information after
the AUIR, and you asked us to come back. My understanding is
though, that from prior board orientation, if that's the orientation
today, that that's what we will be doing this fiscal year is putting the
six million in, yes.
COMMISSIONER HENNING: Okay. Well, I would like to see
that done myself.
The other thing is the $50 million loan. And let me give you a
scenario. Of course you always -- you do it in phases anyway. You
do your design, then you do your acquisition, and sometimes it is in
concert with the construction. But what I hear you say is, we're going
to -- we're going to do a loan, and since the contracts for construction
are multi year, you would be borrowing on that loan.
MR. FEDER: Only where needed because cash flow of other
projects is also --
COMMISSIONER HENNING: Right.
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May 8, 2007
MR. FEDER: -- it already exist with carryforward right now.
COMMISSIONER HENNING: Well, let me give you this
scenario. One of your recommendations is to increase impact fees 20
to 40 -- it will be 20 to 40 percent. That may be enough to break the
camel's back and say, well, you know, it has just gone beyond the
availability for us to market, whether it be a commercial building or a
residential unit or units, and your impact fees don't corne in. And you
have a project started, construction, but you don't have your funding
sources corne in, does that mean that that road will stop?
MR. FEDER: No. What that means is my actions in the future
will be dictated. First of all, I've got, out in the end of the fifth year,
63 million being held back in reserve. We continue to hold that back
until we get a little further in the process to see how the revenue
stream is corning in and how expenses are going. We would not move
on other things that are select to corne later years, including
right-of-way phases and design phases if I found myself in a situation
where revenue stream is not corning forward based on prior
commitment.
COMMISSIONER HENNING: Okay. So there's not a chance
we're going to enter into a contract and not finish the road?
MR. FEDER: No. We're going to finish anything that we start,
and we may have to delay something or we may have to call upon
some of that 63 million rather than programming it on new projects.
COMMISSIONER HENNING: Okay. Thank you.
CHAIRMAN COLETTA: Commissioner Halas, and then we
have two speakers.
COMMISSIONER HALAS: Yes. I think we've got this pretty
well beat to death. My understanding is, we're only -- only going to
borrow the money when necessary, and this is going to be for short
term, and then we'll be paying it off, so -- because we'll have a
continual revenue stream that's going to be corning in to offset the cost
of the road.
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May 8, 2007
So I think you pretty well answered all of my questions, and I
want to thank you very much for the great presentation.
MR. FEDER: Thank you.
CHAIRMAN COLETTA: Call the first speaker please.
MS. FILSON: William Poteet. He'll be followed by Michele
Harrison.
MR. POTEET: Good morning, Commissioners. Again, my name
is William Poteet for the record, and I'm here wearing a couple hats.
First of all I'm here on behalf of the Naples Area Board of Realtors. I
happen to serve on the board of directors and I'm also their
government issues chairman.
What we discussed is the issue of the impact fees that is kind of
included in this proposal here. And right now we have the highest
impact fees in all of Southwest Florida. Now, we're not saying that
may not be the answer that we need to proceed with, but what we are
saying is, we believe that the commission should look at all alternative
sources of funding for transportation that's out there versus just taking
the easy route and passing an increase in the impact fees.
That said, Naples Area Board of Realtors would like to be part of
the discussion and would be willing to assist in any way we can on
that.
The second hat I'm wearing is with the Golden Gate Area Civic
Association. I serve as their subchairman for the Santa Barbara
completion project. And as you've noticed in the plan that you've seen
this morning, that section of road between Copperleaf and Green
Boulevard is not included in that.
I believe Commissioner Henning asked Mr. Feder if, you know,
he doesn't get the money, what happens? Do you cut out the roads?
Well, that's essentially what happened on Santa Barbara, he cut that
section out. It has not corne back into the five-year plan, and as you
know, we're going to continue to be vocal about it until we get our
little road fixed.
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May 8, 2007
Thank you very much, sir.
CHAIRMAN COLETTA: Thank you.
MS. FILSON: The next speaker is Michele Harrison.
MS. HARRISON: I'm Michele Harrison representing CBIA,
Collier Building Industry Association, and we are philosophically
against any increases to impact fees. We ask that you consider a
reduction in other impact fees if you move this way and/or other
funding sources.
This speaks to affordability of housing and is one of the obstacles
of building those 2,000 units of affordable housing. Thank you.
CHAIRMAN COLETTA: Okay. Commissioner Fiala, then
Commissioner Henning.
COMMISSIONER FIALA: Yes. Luckily on affordable housing
the impact fees are deferred, so that is a good thing. We can continue
to build these those because fees the developer does not have to corne
up with. And so I'm pleased to hear that.
I just want to say to Norm, he did a great job of finding all of
these places where we could beg, borrow and move things around and
to continue our road building effort, because without the roads, we
wouldn't be able to build the homes. And so it all works together. And
I just want to say, thanks for all your hard work.
And I make a motion to approve.
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: Okay. So we have a motion by
Commissioner Fiala and a second by Commissioner Coyle. And
Commissioner Henning, you're next, then Commissioner Halas.
COMMISSIONER HENNING: Mr. Feder, did you find the
money to complete Santa Barbara?
MR. FEDER: Commissioner, unfortunately not. As you see in
here, we have the right-of-way. We will be corning to you in the
budget cycle with an unfunded budget request, one of which will be to
add in that section. We also have right-of-way on Randall, right-of
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May 8, 2007
way on Wilson, other things that have been pulled out of the program
as part of the overall balancing. So we're bringing those back as items
under UFR for the budget request.
COMMISSIONER HENNING: Okay. The board directed the
staff to, during our next AUIR phase, that we take a look at door
counts on some of our capital facilities to make sure that we're not
over capacity on our capital improvements or under capacity. Is that
what they're doing?
MR. MUDD: We're taking a look at different ways to corne up
with levels of service. And in that process, I have a briefing on that on
Wednesdays. I am reading their book right now in the process and
what they're corning up with, and then they will go to your Planning
Commission and Productivity Committee for review of what they
found.
COMMISSIONER HENNING: Could the -- could -- in your
review, does it look like there's a possibility to change some of the
levels of service and reduce some of the impact fees?
MR. MUDD: This commission can always reduce the level of
service. There's two ways to get at your AUIR. There's two variables
that are in there. There's population and there's the variables that says,
this is what I need for capita. And what I'm seeing so far is,
population is still a good indication of what you have to do with
growth.
Now, based on what that -- and they've made a change based on
the EAR-based recommendations from DCA where we used to do --
we used to do high BEBR, they've corne down to mid, with the 20
percent for the high season. So they've reduced the population
estimates. And I believe -- and I haven't got to the point where I've
seen the magnitude of that change, but I believe it's reduced slightly,
so that's an indication that we don't have to build as fast.
And then I'm taking a look at what they've corne up with as
alternative levels of service to see ifthere's away, if it makes sense to
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May 8, 2007
reduce -- to get at what your issue is, maybe reduce the level of
service, and, therefore you don't have to build it as quickly.
COMMISSIONER HENNING: Yeah. I mean, it's not -- if the
population is there but they're not using that facility, to me, why are
we having that high level of service if it's not really being utilized?
And maybe that's one way we can get to our goals.
CHAIRMAN COLETTA: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yes. Maybe impact fees are one
way to look at it. As long as the cost of construction goes down, the
cost of right-of-way goes down, but until that period of time, I'm not
sure what other direction we have. And I believe the citizens in this
county pretty much made a mandate a few years back that growth is
going to pay for growth. So until we find another way, another
avenue, I believe this is the way we're going to go, unless, of course,
the developers would like to donate the time and equipment to build
roads for us and build infrastructure, that would be fantastic.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: Yeah. I just wanted to say, I
support your effort, by the way, on Santa Barbara. Everything else is
going to be six-laned except that little piece, and it seems to just make
sense to get the whole thing done all at one time. So when it comes up
for UFR, I hope that you'll be making motions along that line.
Thank you.
CHAIRMAN COLETTA: Good point. Okay. We have a
motion and a second. It's been a little while now. Who made the
motion?
COMMISSIONER FIALA: I made the motion to approve.
CHAIRMAN COLETTA: And Commissioner Coyle--
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: -- made the second?
COMMISSIONER COYLE: Yes.
CHAIRMAN COLETTA: Okay. And with that, is there any
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May 8, 2007
more discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor --
MR. MUDD: Commissioner--
CHAIRMAN COLETTA: -- indicate by -- Mr. Mudd?
MR. MUDD: -- just for clarification. This is for discussion
purposes. This is -- you're approving the direction to move forward
based on the plan --
CHAIRMAN COLETTA: Right, based upon what we have in
front of us.
MR. MUDD: Yeah. Because you're going to have many parts to
this corne back to you --
CHAIRMAN COLETTA: We understand that.
MR. MUDD: -- for their approval.
COMMISSIONER FIALA: Right.
CHAIRMAN COLETTA: Right. And with that, 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?
(No response.)
CHAIRMAN COLETTA: The ayes have it, unanimous.
Item # lOC
RESOLUTION 2007-123: A RESOLUTION AUTHORIZING THE
CONDEMNATION OF FEE SIMPLE INTERESTS AND/OR
THOSE PERPETUAL OR TEMPORARY EASEMENT
INTERESTS NECESSARY FOR THE CONSTRUCTION OF
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May 8, 2007
ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS
REQUIRED FOR THE FOUR-LANE AND SIX-LANE
EXPANSION OF OIL WELL ROAD FROM IMMOKALEE ROAD
TO CAMP KEAIS ROAD (PROJECT NO. 60044) - ADOPTED
MR. MUDD: Commissioner, that brings us to 10C. It's a
recommendation to adopt a resolution authorizing the condemnation
of fee simple interests and/or those perpetual or temporary easement
interests, improvements necessary for the construction of roadway
drainage and utility improvements required for the four-lane and
six-lane expansion of Oil Well Road from Immokalee Road to Camp
Keais Road. Project number 60044. Estimated fiscal impact,
$12,780,000.
Mr. Jay Ahmad, your Director of Transportation Engineering,
will present.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER COYLE: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: Motion--
MR. AHMAD: Mr. Chairman?
CHAIRMAN COLETTA: We'll corne right to you. I just want
to repeat what happened here. Motion to approve by Commissioner
Henning, a second by Commissioner Fiala.
And with that, please, continue whichever you have to read on
the record.
MR. AHMAD: Good morning, Mr. Chairman. My name is Jay
Ahmad. I'm your director of transportation engineering. This is a
condemnation resolution, and we must -- our attorneys are telling us
we must put something on the record for your consideration before
you act, if I may.
CHAIRMAN COLETTA: Please.
COMMISSIONER COYLE: Just so the public knows, we've
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May 8, 2007
already read it, so we know what we're doing when we recommend it,
but we understand you have to put it on the record for public purposes.
CHAIRMAN COLETTA: Right, so the public knows exactly
what we're doing.
COMMISSIONER FIALA: Thank you.
MR. AHMAD: Thank you. This item before you is item 10C.
This is a recommendation to adopt a resolution authorizing the county
to condemn right-of-way for Oil Well Road, a project that starts from
Immokalee to Camp Keais. It is part of the Ave Maria local
contribution agreement, developer contribution agreement.
Weare asking for the approval of the entire agenda item with the
executive summary and the technical memorandum and the drainage
report that's attached to this item and by this board finding that this
item and all these properties attached to the resolution are necessary
and in the best interest of the public to acquire all of these parcels.
And also, this board must find that their alternatives were considered
and very carefully considered before deciding this item and each
parcel was studied, that the land is required and -- required and
necessary for the project to proceed.
By doing that, you have considered the long-range transportation
plan, that this project is within that, and also you have considered that
there's public health and safety and welfare factors that you
considered, whether build or no build along this corridor and for the
capacity reasons.
And the construction of right-of-way costs were also considered
and -- for all these alternatives and environmental factors that
associate positive or negative for these projects have been included in
your decision. Thank you.
CHAIRMAN COLETTA: Thank you. With that, any questions
or comments?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
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May 8, 2007
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it unanimously.
Item #lOD
AWARD BID #07-4122 TO VANDERBILT BAY
CONSTRUCTION, INC. FOR THE NAPLES JAIL
IMPROVEMENT PROJECT IN THE AMOUNT OF $8,598,238.00
- APPROVED
MR. MUDD: Commissioner, next item is 10D, recommendation
to award bid number 07-4122 to the Vanderbilt Bay Construction,
Inc., for the Naples Jail Improvement project in the amount of
$8,598,238. Okay. Skip, Damon, okay. And Mr. Skip Camp and Mr.
Damon Gonzalez will present.
MR. GONZALEZ: Good morning, Commissioners. For the
record, Damon Gonzalez, Facilities Manager for the Department of
Facilities Management.
MR. MUDD: Okay, guys. Hang on. Let me help you out here a
little bit. There we go.
MR. GONZALEZ: Again, this project is for the Naples Jail
improvement project to replace some failing elements in the old jail.
Briefly, there are elements in the interior and the exterior of the
building that we need to replace at this point. Notice was sent out on
February 7, 2007; 212 notices were sent out to interested parties via
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May 8, 2007
the purchasing department. Nine contractors requested copies of the
bid documents, and two sealed bids were opened on March 22nd.
The cost of the entire project is $9 million. It was budgeted through
the FY-'06/07 budget process. It carne in approximately $1 million
over budget.
No reserves will be necessary to make up that amount. We have
projects that carne in under budget along with the parking garage and
the Naples Jail project.
The recommendations are to award bid number 07-4122 to
Vanderbilt Bay Construction, Incorporated, and for the chairman to
authorize and sign the contract. We also ask that you approve the
associated necessary budget amendments.
And we'll take any questions you might have.
COMMISSIONER HALAS: Motion to approve.
COMMISSIONER COYLE: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: We have a motion to approve by
Commissioner Halas and a second by Commissioner Fiala.
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 FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it 5-0.
Item #10E
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May 8, 2007
AN AGREEMENT BETWEEN THE STATE OF FLORIDA,
DIVISION OF EMERGENCY MANAGEMENT AND COLLIER
COUNTY ACCEPTING $1,510,094 TOWARDS THE
CONSTRUCTION OF A NEW COUNTY EMERGENCY
OPERATIONS CENTER (EOC) WITHIN THE EMERGENCY
SERVICES CENTER (ESC) AND APPROVE THE BUDGET
AMENDMENT NECESSARY TO RECOGNIZE AND
APPROPRIATE $1 ,510,094 AS REVENUE - APPROVED
MR. MUDD: Commissioner, the next item is 10E. It's a
recommendation to approve an agreement between the State of Florida
Division of Emergency Management and Collier County accepting
$1,510 -- $1,510,094 towards the construction ofa new Collier (sic)
Emergency Operations Center, EOC, within the Emergency Services
Center, and approve the budget amendment necessary to recognize
and appropriate the $1,510,094 as revenue.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER COYLE: Mr. Chairman -- okay, I'm
seconding.
COMMISSIONER HENNING: Move to approve the chairman
of the board to sign the agreement and execute the necessary budget
amendments.
COMMISSIONER COYLE: I second all that.
COMMISSIONER FIALA: Who could ever vote against that?
COMMISSIONER COYLE: Always like to receive money from
someplace else.
CHAIRMAN COLETTA: Motion to approve by Commissioner
Henning, second by Commissioner Coyle.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
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May 8, 2007
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: By the way, you're all doing excellent
in moving these things forward.
MR. MUDD: Yes, sir. There'll be another part to this, the $1.6
million, which is separate acceptance, and that will corne to you as
another -- as another executive summary in the future.
Thank you, Jim. Excellent presentation.
The next -- the next item is 10F. It's a recommendation to
approve a developer's contribution agreement -- excuse me. This is an
item that's a companion to 8C, and we'll do it when we hear 8C this
afternoon, excuse me.
Item # lOG
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
DRAINAGE, UTILITY AND PATHWAY EASEMENT, AS WELL
AS THE DONATION OF A TEMPORARY CONSTRUCTION
EASEMENT, REQUIRED FOR THE SIX-LANING OF COLLIER
BOULEV ARD FROM US-41 TO THE DA VIS BOULEV ARD
(CAPITAL IMPROVEMENT ELEMENT NO.33, PROJECT NO.
600001) - APPROVED
Next item is lOG, used to be item 16B3. It's a recommendation to
approve an easement agreement for the purchase of a drainage utility
and pathway easement as well as the donation of a temporary
construction easement required for the six-laning of Collier Boulevard
from U.S. 41 to Davis Boulevard, capital improvement element
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May 8, 2007
number 33, project number 60001, estimated fiscal impact, $969,754.
The item was moved at Commissioner Coletta's request, and Mr. Jay
Ahmad will present and answer questions.
CHAIRMAN COLETTA: Jay, if you don't mind, let me go
through what my issues were, and then we'll go from there.
Why are we paying another government entity for something that
we are doing that will directly benefit their residents? That's number
one. I would like to see it sent back for renegotiations. Let's redirect --
or redirect the funds, if we can't agree on it, to some other highway
that the money could be better used.
I'm really put out by the fact that we are being taken to the
cleaners on this. I think that we could do better. I feel if we go back
and talk to the City of Marco Island, that they may corne across
something more realistic.
We've got to remember, we expect developers, when they corne
in, before they can go forward with their project, to make
contributions that are meaningful to the infrastructure, especially when
it comes to the roads, to be able to keep everything on target.
And I would like to thank Marco Island for the gift that they
made of no charge for the temporary construction access to the .9385
acres though. But I'd like to get my fellow commissioners' input on
this, and maybe we can give you further direction.
MR. AHMAD: Commissioner, if! may, part of that funds will
pay for certain programs that they have to do, such as a fence, about
4,000 feet of a fence. But we haven't been successful, let's say, with
the school board or the fire district, to acquire -- governmental
agencies making us pay for land that we need for our roadways, and
this is --
CHAIRMAN COLETTA: I understand.
MR. AHMAD: I appreciate any help you can give us, if that is
the direction.
CHAIRMAN COLETTA: Well, on the same hand, if I may say
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May 8, 2007
so, Jay, why aren't we looking for some help out there in Marco Island
with the route that goes past Goodland? They were supposed to have
repaired that road years ago when we turned it over to them, and they
haven't done so.
MR. FEDER: That's County Road 92A, sir.
CHAIRMAN COLETTA: Yeah, right, exactly. And so I mean,
I think there should be a little more effort made to go out there and see
what we can do to bring them into the fold. I mean, there's such a
benefit to this. I mean, sure, we should cover the cost of moving a
fence, there's no doubt about it. But the loss of land, you know, rights.
I mean, they're not going to build a commercial enterprise there.
It's land they're never going to really utilize, and we have to build it
for a highway that's going to benefit the residents of Marco Island.
I'd love to see you go back and talk about it and see what can be done.
If not to be able to -- well, I'd like to see this price corne down
substantially, but maybe some of the funds could be directed to the
improvements of the road in Marco Island. My own personal feelings
on it.
Commissioner Fiala?
COMMISSIONER FIALA: Actually, I agree with you,
Commissioner Coletta, because I think that this is your major
evacuation route. There's no other way out. I know that they've been
concerned with that evacuation route as well.
I would love to see you go back and talk with them a little bit
more about possibly donating much of it and maybe fixing the road to
Goodland and stressing -- and certainly any impacts that we would
make that would cost them any dollars we should pay for, like the
fence and so forth. But Marco works very cooperatively with us, and I
bet they will now. I think it would be great to go back and talk with
them again.
MR. AHMAD: I will do that, absolutely.
CHAIRMAN COLETTA: I'll make a motion to that effect.
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May 8, 2007
COMMISSIONER FIALA: And second.
MR. AHMAD: I just want to remind you though, we have a bid
opening for this project June 6, I believe. And again, any help you
provide in having them to work with us. They've given us a lot of
comments, and we've been addressing back and forth for close to nine
months to negotiate with them, so --
COMMISSIONER FIALA: Maybe -- would you call them,
Commissioner Coletta --
CHAIRMAN COLETTA: I'd be more than happy to.
COMMISSIONER FIALA: -- on behalf of the County
Commission?
CHAIRMAN COLETTA: I'd be more than happy to call them.
COMMISSIONER COYLE: Let me -- Mr. Chairman?
CHAIRMAN COLETTA: Yes, please. Go ahead.
COMMISSIONER COYLE: Can I just ask a question to clarify
this. Just to make this clear, the fence and the gate and the
improvements are only about $30,000. The big cost of $937,800 is the
land. And I hope that what you're suggesting is, the land should be
free. We'll pay the $30,000 for the fence and the gate and things like
that, but the $900,000 should be free. Developers donate land to us
when they want to get better access into their facilities. Why shouldn't
Marco donate land when we're providing them with a better hurricane
evacuation route?
CHAIRMAN COLETTA: And I thank you for clarifying--
COMMISSIONER COYLE: That's what I wanted to do, because
I didn't want people to start thinking you were going to negotiate the
$30,000 on the fence.
CHAIRMAN COLETTA: No.
COMMISSIONER COYLE: We're talking about $937,000 that
we shouldn't -- our taxpayers should not have to pay at all, right?
CHAIRMAN COLETTA: That's exactly right.
COMMISSIONER COYLE: Okay. I wanted to make sure we
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May 8, 2007
were clear on it.
CHAIRMAN COLETTA: Mr. Feder?
MR. FEDER: Mr. Chairman, I appreciate this effort. What I'm
going to tell you is that we did raise the issue. They're looking for
payment on the land. But having said that, I would ask that possibly
in your motion you consider directing us to corne back at the next
available meeting, hopefully the next meeting, direct us to go to the
city council with a request that they consider donating the land. In
lieu of that, whether it be 92A or even the bridge on 92, that the
monies be focused on, I would say, even that bridge where I have
some condition rating issues.
CHAIRMAN COLETTA: I think that's adequate direction.
Any other comments?
Commissioner Halas?
COMMISSIONER HALAS: Will this have any effect on
holding up the bidding process in regard to this one?
MR. MUDD: No, sir. Ifwe bring it back on the 22nd of May --
Jay basically talked the 8th of June -- you have time.
COMMISSIONER HALAS: Good, okay.
CHAIRMAN COLETTA: Okay. So we have a motion by
myself, Commissioner Coletta, second by Commissioner Fiala.
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 FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
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May 8, 2007
CHAIRMAN COLETTA: The ayes have it 5-0. And I think
we're about at the end of what we can do.
MR. MUDD: We've got one more, sir.
CHAIRMAN COLETTA: What's that?
Item #10H
RECOMMENDATION TO APPROVE THE PURCHASE OF
IMPROVED PROPERTY (PARCEL NOS. 134 AND 135) WHICH
IS REQUIRED FOR THE CONSTRUCTION OF THE
V ANDERBIL T BEACH ROAD EXTENSION PROJECT.
(PROJECT NO. 60168) - APPROVED
MR. MUDD: We have 10H. It used to be 16B4. It was asked to
be moved to the regular again by Commissioner Henning, and I'll read
it. It is a recommendation to approve the purchase of improved
property, parcels number 134 and 135, which is required for the
construction of the Vanderbilt Beach Road extension project, project
number 60l68, fiscal impact, $870,500. And, again, Mr. Jay Ahmad,
your director of engineering transportation, will present and answer
any questions.
CHAIRMAN COLETTA: Before you present, let's go right to
Commissioner Henning. Maybe we can cut to the chase.
COMMISSIONER HENNING: Okay. What -- and I appreciate
Mr. Feder's staff meeting with me yesterday but I just don't agree, and
here's why: There's an appraisal done, and the appraisal done was by
--
MR. AHMAD: Was -- it's an outside firm. Harry Henderson is
our --
COMMISSIONER HENNING: Representative.
MR. HENDERSON: For the record, my name is Harry
Henderson. I'm the Review Appraiser in Transportation Division, and
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May 8, 2007
the appraisal was done by Gerald Seaburt (phonetic), who is the
property owner's appraiser.
COMMISSIONER HENNING: Okay. So they appraised it for
$815,000.
MR. HENDERSON: That's correct.
COMMISSIONER HENNING: Okay. But the offer is
$870,000. And then their property owner did another appraisal using
a cost approach, which I never heard of before, but was explained to
what it is, and that is taking whatever improvements are on the
property and appraising those separate from -- from the property.
MR. HENDERSON: That's correct.
COMMISSIONER HENNING: Okay.
MR. HENDERSON: You're actually appraising the land and
then adding the contributory value of any improvements.
COMMISSIONER HENNING: But you can never sell it for
that. I mean, if you want to --
MR. HENDERSON: Well--
COMMISSIONER HENNING: If you market it, you can never
--
MR. HENDERSON: Right. They wouldn't sell separately, but
it's a way of corning up with a figure using that method.
COMMISSIONER HENNING: Right, right. Which is quite
higher than the --
MR. HENDERSON: Yes.
COMMISSIONER HENNING: -- regular appraisal that you
would use.
And then the second thing is, he wants to rent it for $12 a year for
up to two years. And I don't have a problem with that, but if we did
that based upon $1,500 a month, I corne up with $36,000.
MR. HENDERSON: Right. I don't think anybody's imagining
that represents a market rent. I think that was just something that we
negotiated to make a deal --
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May 8, 2007
COMMISSIONER HENNING: Right
MR. HENDERSON: -- more or less, yeah.
COMMISSIONER HENNING: But, you know, I just -- I don't
think we're being fair. I think it ought to be negotiated. Ifhe wants to
rent it, that should be out of the consideration of the full price that is
being associated.
MR. AHMAD: Commissioner, I just want to remind you though
this is an unwilling seller. Weare acquiring this property for a
roadway project. The second--
COMMISSIONER HENNING: Corne buy my house.
MR. AHMAD: The second --
COMMISSIONER HENNING: I'll be willing.
MR. AHMAD: Ifwe don't negotiate, of course, we can condemn
it and we could go to court and acquire this property through
condemnation. We -- the attorney fees and all the other cost that's
associated with the condemnation process may well exceed what we
negotiate it for.
MR. FEDER: Commissioner, what might help on this, in
looking at it, there are no attorney's fees being requested, no expert
witnesses, no moving costs, no Save Our Horne issues. And so with
that, we felt that the alternate made sense since we don't have to deal
with those issues, which we typically do have to deal with.
COMMISSIONER HENNING: And I would agree with that if it
was based upon 815,000, but it's based upon a different kind of
appraisal that -- you know, I don't agree with that type of approach,
and I just can't support it. It's -- a willing seller is fine, but we need to
be fiscally responsible. And, you know, this -- I haven't seen prices in
Collier County excelling, so even though we don't need the
right-of-way now, I think that we ought to pay today's market rate, and
he's getting just a hell of a value that's not being considered.
MS. ASHTON: If! may, Commissioners, for the record, Heidi
Ashton, Assistant County Attorney. I just want to clarify the appraisal
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May 8, 2007
issues. The appraisal for 8l5,000 is the property owner's appraisal,
and he considered two approaches, the market approach and the cost
approach, in reconciling his value to 815-.
The value that that appraiser carne up with under the cost
approach was 866-. And the owner, looking at the appraisal, said
that's what I'm entitled to. Keep in mind that the appraisal reports
valued the land and improvements. They don't include moving costs,
Save Our Homes, or expert fees and attorney's fees, and I just wanted
to clarify that for the record.
COMMISSIONER HENNING: You have two different
appraisals. Why didn't you take the two different appraisals and split
it in half to corne up with an offer or a settlement?
MS. ASHTON: That's correct. There is a county appraisal
report as well, and that was lower, and the split would have been
lower than the 815-, you're correct.
MR. AHMAD: It is a negotiated settlement, Commissioner, and
we could have rejected this, and after careful deliberation, we thought,
this is the best deal we could make, or we could go to court.
COMMISSIONER HENNING: I'm not going to belabor it, I just
-- I just can't support it.
MS. ASHTON: Mr. Hendricks had told the property owner, Mr.
Tompke, that he would present it to the Board of County
Commissioners initially without a recommendation. But then after he
thought about it, he did feel that he could support the 866- when you
add the Save Our Homes, moving costs, and looked at those other
factors. I just wanted to note that for the record since Mr. Hendricks
isn't here.
CHAIRMAN COLETTA: I can appreciate being financially
responsible for taxpayers' money, and that's what we're here for, but
also, too, I don't think we've ever dealt with an issue more dramatic
than Vanderbilt Beach Road. First time we've ever had to take homes
that people live in to be able to move forward. And there was a lot of
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May 8, 2007
things said up here how we were going to make people whole.
COMMISSIONER HENNING: That's not true, Commissioner.
We did that on Santa Barbara.
CHAIRMAN COLETTA: Where we had actually got the
condemnation of homes?
COMMISSIONER HENNING: We're not condemning this one.
CHAIRMAN COLETTA: Well, no. We're not at this point in
time.
COMMISSIONER HENNING: But we did negotiate to
purchase a house on Santa Barbara.
CHAIRMAN COLETTA: We did, and we also have been doing
this on a regular basis, and that preceded this just by a short time.
But in may, this, to me, is a very fair settlement under the
circumstances. If we were -- I guess the question would be, if we
were to go through the whole procedure, through court, and have to
pay all the expenses and additional expenses that would be -- and
we've seen this happen before where -- excuse me -- where it comes
from the county attorney, and they'll say, okay, we've negotiated this
particular settlement and it's one-third more than we were originally
looking for, we have to corne up with the extra money, we have to pay
the attorney's fees, we have to pay all the additional fees that are in
there.
In a case like that, not only would it cause a lot of animosity, but
where are we financially? Are we a couple thousand dollars ahead.
Are we ahead at all? I mean, what would be the scenario of events? I
mean, it's pretty predictable how these things play out.
MS. ASHTON: My projection is that we'd probably be
condemning in approximately four to five years, and it is likely that
the cost to purchase the home is at least going to be this amount,
possibly more, and then you'd be looking at expert fees, attorney's fees
and so forth, if they do hire a lawyer.
CHAIRMAN COLETTA: I'm going to make a motion for
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May 8, 2007
approval, and we'll continue the discussion.
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: Okay. A motion for approval by
Commissioner Coletta, second by Commissioner Fiala.
Let's go to Commissioner Coyle and then Commissioner Henning
again. Do you have your light on?
COMMISSIONER COYLE: Yeah. I think the question here is
whether we negotiated hard enough to get the best possible deal.
And I support Commissioner Henning in this issue. The
two-year rental rate has substantial value to it. We're buying a home
in a certain condition right now. What condition will it -- the property
be in two years from now? I don't know.
Do we have any projections with respect to the maintenance of
the property and any penalties if damage is done to the home or that's
not maintained properly? Who is going to be maintaining it?
And who pays the taxes? Are any taxes due on it since it's
government property now or not? It's being used for rental property.
So, you know, I'm wondering what the tax impacts of that are.
But fundamentally I have a problem with our negotiating vigor on
almost all of these kinds of things. We seem to collapse and cave in
much too early. But, having said that, I would agree that starting now
and going through the condemnation process is going to get --
accumulate more legal fees and a higher cost to us. There's no
question in my mind that that will happen.
So I have no choice but to vote to support the current proposal.
But I'll tell you, I am -- I'm just not convinced we're getting the best
deal we can get for the people of Collier County when we negotiate
this stuff. And we just don't -- in this case we're not putting into the
cost all of the benefits to the owner. The cost of living rent free
essentially for two years in a home is a substantial value. I don't think
we had to give in on that. I think we could have saved some money
on the other side of it.
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May 8, 2007
But nevertheless, I feel compelled to support it at this point in
time but that doesn't mean I necessarily agree that it was negotiated as
well as it should have been.
CHAIRMAN COLETTA: Commissioner Coyle, I don't mean to
jump in front of you, but you brought up some points, and I don't want
to leave staff with indecision about what's going to happen in the
future. Would you want to bring it back for discussion --
COMMISSIONER COYLE: No.
CHAIRMAN COLETTA: -- at some point in time? Not this
item, but I mean the subject of how we're doing negotiations for
properties.
COMMISSIONER COYLE: Well--
CHAIRMAN COLETTA: You expressed displeasure but you
didn't give any direction.
COMMISSIONER COYLE: You know, I am concerned about
the fact that we make initial offers and condemnations that are well
below the ultimate price that we have to settle for. In some cases
they're half of what we ultimately have to settle for. And that means
that under the Florida Statutes lawyers get huge statutory fees because
their fee is based upon what we originally offered and what we finally
settled for. That's crazy.
We had -- we've got one on the agenda -- consent agenda today
where we made an initial offer of $150,000 in 2004. We just paid
over $300,000 for the property. Why? Well, maybe it's because it
increased in value. I don't know. But it's -- it's also because in the
four years or three years that has elapsed, the property is now deemed
to have the highest and best use of commercial. It wasn't in 2004.
We're killing ourselves with this stuff, and it's state law that
contributes to it. And I don't have an easy solution.
But I don't want to have a special workshop. I have met with the
lawyers on every one of these things every time they corne up and I
express the same concerns about the way these appraisals and initial
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May 8, 2007
offers are being made, and nothing seems to change. So I don't know
that anything is going to change.
CHAIRMAN COLETTA: Okay, sir.
MR. FEDER: Mr. Chairman?
CHAIRMAN COLETTA: Commissioner Halas, then we'll corne
back to you, Commissioner Henning.
COMMISSIONER HALAS: Heidi, could you give us some
indication, if we turned this down and went into litigation, what would
be the expenses of a lawyer and -- for the witnesses involved in this
case? Do you have any idea?
MS. ASHTON: It could be quite costly because I think if it's
turned down, the property owner's going to be even more upset. Most
of these property owners that are having their homes in the corridor
are very emotionally upset and they'll turn around and hire a lawyer.
And I think you can expect that by the time we get to court, the
owner's appraisal will at least be double this amount in another four to
five years.
And I don't believe we have any written offers yet at this point.
We've prevented -- you know, we have a policy not to do that. And
the reason I need to mention that is even if we make an offer now, that
could be a potential baseline for attorney's fees in the future. So--
COMMISSIONER HALAS: What I'm getting at is, there's a
certain threshold on a piece of property that then bumps up the
lawyer's fees; is that correct?
MS. ASHTON: That's correct. Once we make an offer--
COMMISSIONER HALAS: So in that case what could the
lawyer ask for as far as the fees?
MS. ASHTON: Attorneys fees are based on the benefit that the
attorney gets for the client, and it's triggered once the first offer is
made. There's been no offer that's made. But assuming the offer that
the county were to eventually make was 866,000 -- assuming that's the
offer, I am guessing that when we're four or five years out, you
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May 8, 2007
probably will be looking at an appraisal that's probably double that
amount.
COMMISSIONER HALAS: And what would the lawyer's fees
be?
MS. ASHTON: One-third of the benefit.
MR. MUDD: It would be 33 percent of the difference between--
COMMISSIONER HALAS: That's what --
MR. MUDD: -- the fees today and the price of the future. That's
what the attorney would get. It could be up to $250,000.
COMMISSIONER HALAS: That's exactly what I'm getting at,
okay. That's the answer I was looking for.
MS. ASHTON: Correct, once an offer's made.
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: Well, you know, the rent has not
been recognized, and it does have a value on it. So if you value
renting it for two years, we're actually paying over 900 or -- yeah,
$900,000.
MR. AHMAD: You're absolutely correct, Commissioner. The--
COMMISSIONER HENNING: So I don't think that's in our
consideration. And as far as what the future is going to hold as far as
property values, it's only somebody's feeling, okay? Because I've
heard somebody else's feeling that we're going to reach the 2001
values here in Collier County, and that is that one person's feeling. So
we can't project what the future's going to be as far as value of
property. I know I think the property appraiser does that type of stuff
but on a limited basis.
MR. AHMAD: We are facing unexpected, way unexpected,
expectations for the value of the properties. We're negotiating
currently with people for the 21 homes that the appraisal carne in at
half a million and they want a million, and obviously we're not
bringing it before you.
So far this is number four and five that we brought before you,
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May 8, 2007
what we thought we've done a good job in negotiating with them.
Is it the best job? It's obviously -- until you meet those folks and they
insist on the dollar amount that they think they're entitled to, a
judgment can't be made.
I think these are -- the ones we are bringing before you are the
best negotiated values that we can corne up without going to
condemnation, without going through that process.
COMMISSIONER HENNING: Thanks for your time.
CHAIRMAN COLETTA: Thank you. I think we've hashed this
thing to death. With that, we have a motion. I forgot -- by myself?
Yes. And the second by Commissioner Fiala.
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 FIALA: Aye.
CHAIRMAN COLETTA: Opposed?
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Okay. And let the record show
Commissioner Henning was the dissenting vote.
Weare breaking for lunch. We'll be back here at 1: 10.
COMMISSIONER COYLE: 1: 11 ?
CHAIRMAN COLETTA: 1:11, okay. You've got it.
(A luncheon recess was had.)
MR. MUDD: Ladies and gentlemen, please take your seats.
Mr. Chairman, Commissioners, you have a hot mike.
Item #8B
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May 8, 2007
BOARD CONSIDERATION OF ADOPTION OF A PROPOSED
ORDINANCE PROHIBITING CERTAIN SEXUAL OFFENDERS
AND SEXUAL PREDATORS FROM ESTABLISHING
TEMPORARY OR PERMANENT RESIDENCES WITHIN 2,500
FEET OF SPECIFIED LOCATIONS SUCH AS PARKS, SCHOOLS
AND DA YCARE CENTERS WITHIN THE COUNTY AND
PROHIBITING PROPERTY OWNERS FROM RENTING
AND/OR LEASING ALL OR PORTIONS OF REAL PROPERTY
TO THEM WITHIN THE PROSCRIBED LIMITS - DENIED
Commissioners, this brings us to a time certain item, 8B. It's the
board consideration of adoption of a proposed ordinance prohibiting
certain sexual offenders and sexual predators from establishing
temporary or permanent residences within 2,500 feet of specified
locations such as parks, schools, and day care centers within the
county, and prohibiting property owners from renting or leasing all or
portions of real property to them within the prescribed limits.
And Mr. Robert Zachary, one of our long-term employees of the
County Attorney's Office, will present. I don't know what your -- I
don't know what your exact position is.
MR. ZACHARY: Robert Zachary, Assistant County Attorney.
MR. MUDD: There we go.
MR. ZACHARY: Good afternoon, Commissioners. Back in
January, as a result of a public petition, you asked our office to bring
back an ordinance establishing a residence restriction for sexual
offenders. I worked with the sheriffs office, in conjunction with the
sheriffs office, in developing an ordinance that's very similar to the
bill that you might be aware of that Senator Saunders had before the
legislature.
By the way, all five of those bills pending before the legislature
have died in committee, so there's going to be nothing corning out of
Tallahassee this year with regards to increasing the distance
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May 8, 2007
limitations over 1,000 feet that's now -- that's now -- statute 79.065
establishes at a 1,000-foot radius from parks, day care centers, schools
and playgrounds.
We modeled the ordinance after some of those bills that were in
the legislature and a combination of ordinances from Miami Beach
and Cape Coral. What you have in your agenda packet is a result of
that collaboration between the sheriffs office and our office to corne
up with an ordinance that was narrowly tailored enough that we
thought it would withstand any kind of constitutional challenge.
So if you have any questions, I can answer those, or if you have
any -- any other thing you want me to comment on, I could do that.
CHAIRMAN COLETTA: Well, the item I'm most interested in
is, what is the overall effect when you have the overlays? Would you
explain maybe the map that shows what areas would be affected
regarding 1,000 feet going to 2,500?
MR. ZACHARY: Well, I believe that the map that you're
looking at has a radius of 2,500 feet. Mr. Mudd can correct me. But
that's 2,500 feet, and the different colors are circles, a radius of 2,500
feet around schools, day care centers, and --
MR. MUDD: And parks.
MR. ZACHARY: -- and parks.
MR. MUDD: Okay. The yellows are day care centers. You can
see them on this map right here. Blues are schools, okay, and greens
are parks. And you can see their 2,500 feet radius around each one of
the facilities, even in Immokalee, and then you can see on the
particular issues.
The red dots that I have are listed from the sheriffs website on
predators. I do not have the sexual offenders. I didn't have the
database at the time in order to overlay that.
But the impact is you have a high density of day care centers,
parks, and schools in the urban area of Collier County, as you would
expect, and in Marco Island, and you have them out in Immokalee,
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May 8, 2007
and you do not have that same density out in your Estates area.
CHAIRMAN COLETTA: So there's only nine sexual predators
in the whole county; is that what I'm seeing there?
MR. MUDD: Those were listed on the site. And you're asking--
you're asking me an absolute, and I cannot answer that in an absolute
term.
CHAIRMAN COLETTA: No, the information--
MR. MUDD: Those were the nine that were on the website, sir,
that we have posted.
CHAIRMAN COLETTA: Okay. And this is just sexual
predators, not sexual offenders?
MR. MUDD: That's right, sir.
CHAIRMAN COLETTA: Now, the only problem is is it's very
hard to see this map. I mean, I can see where the sexual predators
now live. To try to be able to determine where they couldn't live --
about -- I'm looking at these circles and everything and I see circles,
lines; very difficult. But from what I can determine here, it looks like
about five of them or so --
COMMISSIONER FIALA: Yeah.
CHAIRMAN COLETTA: -- would have to move out of the area
they're in to another neighborhood; is that correct?
MR. ZACHARY: Commissioner, I can answer that. No, we did
not -- we did not craft the ordinance so that a person that has a legal
residence where they are now would have to move.
That's exactly what California did, and a federal injunction
immediately ensued that prevented the enforcement of that law
because it was making -- what it was was a 17-year-old, it was making
him move away from his family. So that's -- we didn't -- we did not
craft the ordinance to have people that are legally living where they
live now to move.
CHAIRMAN COLETTA: So in other words, it's got like a
grandfather clause in it?
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May 8, 2007
MR. ZACHARY: Exactly.
CHAIRMAN COLETTA: And it applies to any new residents
that move into the area?
MR. ZACHARY: That's correct.
CHAIRMAN COLETTA: Okay. That's a little different than
what I originally was hearing.
Okay. Commissioner Halas, then Commissioner Coyle.
COMMISSIONER HALAS: Can you give me a good definition
between what is a sexual predator and what is a sexual offender?
MR. ZACHARY: Well, it's -- the distinction, Commissioner, is a
sexual predator has been designated as such by a judge, by a court of
law, in writing. As far as the offenses that they've committed, the list
for sexual predator and for sexual offender, is pretty much the same.
The sexual predator designation takes into the age -- takes into
account the age of the victim, and a lot of it is on a victim under 13 or
under 16 or a child under 12; whereas, that distinction is not made
with a sexual offender, and so the list is a little bit longer of the
offenses that -- the list of offenses that make one designated either a
predator by a judge, by a court, or as a sexual offender just by having
a conviction.
COMMISSIONER HALAS: What -- is a sexual offender
something less in statute than a sexual predator?
MR. ZACHARY: It is -- it's less in that both have to register, but
the designation as a sexual offender comes when they're convicted of
certain offenses, and they're pretty much the same offenses without
the age limitations as a sexual predator.
COMMISSIONER HALAS: So are you saying that a young boy
who has an affair with a girl that's 16 or under could be considered --
and it's consensual, but it still could be a sexual offender?
MR. ZACHARY: Ifhe was convicted ofa statute or a crime
that's enumerated under that -- under the statute, 743.043.
COMMISSIONER HALAS: So if the parents pressed an issue
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May 8, 2007
and he was convicted, then he would have that connotation for the rest
of his life; is that correct?
MR. ZACHARY: I don't know whether it would be rest of his
life. A court would probably take that away, but yes, the answer's
probably yes.
COMMISSIONER HALAS: So if his family decided to move to
another location and he wanted to attend a certain high school, then
would he be not allowed, or would his family be able to move there
and he would also move there so long as he was under the age of 18?
MR. ZACHARY: That could be the case.
COMMISSIONER HALAS: That could be the case. Okay.
MR. ZACHARY: If they wanted to reside in an areas that was
within 2,500 feet -- if you pass this ordinance -- wanted to reside
within an area of 2,500 feet around those schools, day care, centers or
parks.
COMMISSIONER HALAS: Okay. What happens ifhe was -- if
his families moves and he's 18 years old and is going to attend his first
year in college and comes home on weekends?
MR. ZACHARY: Well, I would imagine that college would be
-- wouldn't be his permanent residence. His permanent residence
would still be where it is here in Collier County.
COMMISSIONER HALAS: But he was going to be with his
folks. And what about summer break? If he's home there for three
months, then that becomes his residence. Does that entail that he'd
have -- he's 18 years old and going to college, had one -- and became a
sexual offender, that he could not reside at that address?
MR. ZACHARY: That probably would be the case.
COMMISSIONER HALAS: Probably would be the case.
CHAIRMAN COLETTA: Commissioner? Oh, I'm sorry, go
ahead.
COMMISSIONER HALAS: County Attorney?
MR. WEIGEL: Thank you. I was looking to add a comment
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May 8, 2007
here. Obviously what we're talking about here is an ordinance
pertinent -- pertaining to Collier County with enforcement in Collier
County. And with the examples, illustrations, that Mr. Halas has
raised, the question really is, does the Board of County
Commissioners wish to entertain an ordinance that may apply solely
to sexual predators as defined?
As Mr. Zachary indicated, that is a determination made by a
judge as opposed to the sexual offender category which is -- relates to
persons that maybe have convictions pertaining to sexual activities.
But there is a distinction of the two, and I think it raises two
questions for us. One, does the board have -- potentially have a
preference, if at all, toward this ordinance to merely have sexual
predators to the exclusion of sexual offenders and, secondly,
operationally, is there a question as to the registration and enforcement
of sexual predators, and is there an issue or problem with the inclusion
of sexual offenders?
And although the County Attorney Office, with its legal research,
can provide a bit of an answer, that also may be part of an answer that
would corne from the sheriffs department which provides
enforcement.
COMMISSIONER HALAS: Okay. Maybe the sheriff would
have to answer this. How close of tabs do they -- does the sheriffs
department keep in regards to both sexual offenders and sexual
predators? And is there some guidelines that have to be followed?
And if they are not, does this constitute their incarceration?
MR. ZACHARY: And I would have to defer to the sheriffs
department on that.
COMMISSIONER HALAS: I see the gentleman's there.
MR. ZACHARY: Somebody sneaked up behind me.
MR. SMITH: Hi, Lieutenant Torn Smith for the Sheriffs
Department, Sex Offender Unit.
The sheriffs office abides by Florida state statutes in the manner
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May 8, 2007
in which we track our sex offenders and sexual predators. And the
only differentiation in the way that we track them based on offender
status or predator status is the number of times they get checked,
physically their addresses being verified.
So across the board as to the way we manage our offenders, we
would check on an offender at his residence to confirm that they're
living where they say they are living once a quarter. For predators we
do that check once a month. And that's really the only differentiation
as to how we handle our sexual offenders and predators, unless they're
on probation status.
COMMISSIONER HALAS: I have one question -- one more
question, Chairman.
CHAIRMAN COLETTA: Okay. Go ahead.
COMMISSIONER HALAS: The question I have is that -- do
you see if we passed such an ordinance as this that it would have
greater teeth for you to track these individuals?
MR. SMITH: As it relates to greater teeth, I think by passing an
ordinance like this, it just places another restriction that they have on
them. Whether or not it's from the Florida state statute level or county
ordinance level. It's just another level of constraint on where they
live, what they do, what they're allowed to do.
As for the enforcement, the sheriffs office will enforce any
statute or ordinance restriction, probationary requirement, that's placed
upon them.
COMMISSIONER HALAS: So we could actually corne up with
an ordinance that would be a mile in circumference, and that wouldn't
add to your abilities to apprehend these people or anything else; is that
correct?
MR. ZACHARY: It can be 1,000 feet, a mile, two miles. You
know, once again, we'll enforce whatever the board decides upon. As
it relates to, you know, recidivism rates and additional factors that we
look at for offenders, it's not going to make any real difference to the
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May 8, 2007
way that we're managing them at this time.
COMMISSIONER HALAS: That's a good -- that's the answer, I
guess, I was looking for, okay.
So the end result would be that if we passed an ordinance of this
nature, there'd be only one area geographically that these people could
really move to basically?
MR. SMITH: Well, in looking at your maps, I mean, it's really
difficult -- because there are large circles placed over a small map -- to
find out exactly what areas would be affected with the predators and
offenders. Well, once again, whether or not it's 1,000 feet or 2,500
feet, it would permit maybe enforcement in that if they violated --
violated the ordinance, obviously there's an arrestable, chargeable
offense. But as it relates to how we track them, how often we track
them or what we do to, quote-unquote, manage them within the
community, that's not going to change.
COMMISSIONER HALAS: Okay. Thank you very much for
your time. Thank you.
MR. SMITH: Thank you.
CHAIRMAN COLETTA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I think it's important that we
understand that a law already exists to prohibit sexual predators and
sexual offenders from residing within 1,000 feet of these facilities
we've listed. We're merely expanding the distance so that we have
greater protection for our children and people who might otherwise be
targets for sexual offenders.
So it's not that we're creating new law here. We're just creating a
larger circle, and I think that's very wise.
And I would like to thank Lori Young for her work in bringing
this to our attention. Lori's from Poinciana Village, and she was the
first person to propose such an ordinance, and she's worked very, very
hard on this.
And I -- I would like to make a motion that we approve this
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May 8, 2007
ordinance.
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: We have a motion on the floor by
Commissioner Coyle and a second by Commissioner Fiala.
Commissioner Fiala, you're next, and then Commissioner Henning.
COMMISSIONER FIALA: Okay. I had two questions. I was
always under the impression that a predator was violent or preyed
upon children in a more violent manner than an offender; is that true?
MR. ZACHARY: Not necessarily. The sexual predator
designation, it's specific to certain acts, certain crimes that are
committed on children that are under the age of 13 or 16 or 12,
depending on which statute it is.
But a sexual predator, I think there is a violent sexual predator
designation that's beyond that, and that's also determined by a judge.
But it's not necessarily a violent person. It's a person that's been
convicted of these certain enumerated felonies, capital, life or
first-degree felony, such as kidnaping a child under 13. That would
have a person designated as a sexual predator, or lewd and lascivious
act on a child under 16. The judge -- a judge could determine that a
person is labeled a sexual predator under different circumstances for
different statutes. But no, it's not necessarily a violent person,
COMMISSIONER FIALA: I'd just like to make a note. I see six
of these 10 all clustered in this small area here located all amongst
schools and parks, and it seems that it -- that they seem to want to
migrate to that area. I hope those children -- because that area is
loaded with little kids. I hope that there's a lot of surveillance in that
area.
CHAIRMAN COLETTA: Commissioner Henning? I'm sorry,
were you through, Commissioner Fiala?
COMMISSIONER FIALA: Yes.
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: Thank you. You know, I'm not
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going to support the motion, and here's why: Is if you look at the map,
you have part of the community that would extremely benefit from
this and others would assume to not benefit from this ordinance.
And, you know, I have a lot of concern about kids, children in
Golden Gate Estates, who are dropped off at the end of the street, and
some of them have to walk up to a mile. That's not fair to the rest of
the community. And even though it's not my district, I just -- I just
can't support that, one's benefit over another.
COMMISSIONER FIALA: Whose benefit?
COMMISSIONER HENNING: Well, it --
COMMISSIONER FIALA: I mean, my grandkids live in the
Estates, so I want to know what you're saying.
COMMISSIONER HENNING: All of Golden Gate City would
benefit, all of Poinciana would benefit. I think the map was sent to us
electrically, and if you started zeroing in there, all of the urban area,
for the most part, would be excluded, so you're directing that in the
future in parts of the rural area such as Golden Gate Estates, so -- I
mean, I thought -- I think it's very noble, but I'm not going to support
over one part of the community.
CHAIRMAN COLETTA: And I feel the same way.
Commissioner Henning made a very good point, and this has been
brought up numerous times at our meetings. These are working
families. Lots of times there are children, very young children, that
are left to their own resources to be able to get to the bus stop. They
have to go by numerous homes where there's very few people on the
block, somebody to be able to protect them. There's very little police
protection in that area because it's rural.
And so if we concentrate and we okay, if you're going to move to
Collier County, this is the only place you can live is going to be
Golden Gate Estates. How fair is that? You're putting them in a place
where there is less people around that would be able to look after these
children, less police protection, and they're at a tremendous
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disadvantage. So I can't support the motion either.
We have some speakers?
MS. FILSON: Yes, sir. I have eight speakers. The first one is
William Poteet. He'll be followed by Ellie Krier.
MR. ZACHARY: Mr. Chairman, just to clarify for
Commissioner Coyle. The present statute has four enumerated crimes
which a person will be restricted. One's sexual battery, lewd acts on
or in the presence of a person under 16, sexual performance by a child,
and buying or selling minors. It's kind of an obscure statute. But--
and this ordinance that we've brought forward also includes sexual
predators and sexual offenders, so we're expanding upon the people
that it would affect beyond state statute.
MR. POTEET: For the record, my name is Bill Poteet, and I'm
here on behalf of the Naples Area Board of Realtors.
In your proposed ordinance, there's a provision in there that takes
the responsibility of policing this particular ratio and putting it on the
backs of the citizens of Collier County, the homeowners that are out
there. If they want to rent their homes or if they want to sell their
homes, now they have to become the police to determine whether or
not the -- you have a sexual predator going to rent or purchase your
house.
Now, I think this is absolutely wrong. They have done nothing in
order to take on this burden except own the home. And, you know,
you have punitive damages in there, you know, ifthere's fines. It's a
second degree misdemeanor. And I just think that, in general, is just
something that should not be there.
I mean, the problem should be directly with the sexual predator,
their reporting. You know, if they do something wrong, then you
punish them. But don't punish the good citizens of Collier County.
MS. FILSON: Ellie Krier. She'll be followed by Jerry Berry.
MS. KRIER: Good afternoon, Commissioners. Ellie Krier with
the Board of Realtors. Very quickly, since Mr. Poteet said what I
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needed to say, we want to thank you community members and the
sheriff's office for anything you can do to make our children safer in
this community. But we do feel that homeowners should not bear the
burden of a heinous crime that other people have committed. Thank
you.
MS. FILSON: Jerry Berry. He'll be followed by Lori Young.
MR. BERRY: Good afternoon, Commissioners. I picked up the
paper this morning and saw this was on the agenda, and frankly, I
thought I would be the only one here speaking out against it.
There has been, just in today's discussion, the use of the term sex
offender and sexual predator, and it's been used both ways. There's a
huge difference between sexual predator and sex offender.
The ordinance, while I understand the reason for it, when you
include sex offenders in a statute like this, you're not talking about
nine. You're talking about hundreds of people who have been
designated sex offenders. The majority of those are what is called--
in the system we call them Romeo and Juliet cases. It's the senior in
high school that has a -- has an affair with the sophomore or the
freshman. Those get prosecuted even when the girl doesn't want them
to be prosecuted, and those, usually boys, are labeled sex offenders
pretty much for the rest of their life. That applies to them. That
applies to the grandchildren who may corne and visit and would be
governed by the ordinance.
There is nothing that indicates that an ordinance like this will
stop sex offenses in Collier County. There used to be no rule about
l,OOO feet within a park or a school, playgrounds, et cetera. It was
passed a few years ago by the legislature. We haven't seen a drop in
sex offenses because of that.
It is a paper tiger. It is something that we think is going to help.
It's nice to tell the public that we're going to pass an ordinance like this
and it's going to stop sex offenses, but it won't.
There's another big myth, and that is -- particularly when we talk
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May 8, 2007
about sex offenders. I have talked with the State Attorney's Office,
sheriffs office, probation department, and particularly, with the State
Attorney's Office with some of the individuals that prosecute these
cases, and probation with the people who supervise. I know of no
case -- they told me they know of one in the history of Collier County
where someone has gone to a playground, has gone to someplace and
just snatched a kid and committed some type of an offense.
The overwhelming majority of these cases, 99 percent, are
situations in which the people, the perpetrator, knows the family. This
ordinance does not stop that. It's nice to say it. Commissioner Fiala,
it's nice to say that we want to protect those children in those areas. It
doesn't do that.
Somebody who is a sex offender is being monitored by the
sheriffs office. You can imagine if an offense occurs in that area, the
first place they're going to knock on the door is the sex offender.
The other thing is, if it's a real serious offense, the person who
snatches the kid and winds up molesting them or worse, those people
go to prison usually for the rest of their life, if not for a long, long
time.
This ordinance doesn't apply to those type of people. This
applies primarily to the consensual sex cases. And we're talking about
affecting an awful lot of people through an ordinance like this.
CHAIRMAN COLETTA: Mr. Berry, I'm going to have to ask
you to wrap it up.
MR. BERRY: Okay. I just -- I hope you can understand there's
a huge difference between sex offenses and sex offenders and sexual
predators. It's misunderstood. This ordinance will not stop anything.
It's going to cause a lot of problems for a lot of people. Thank you.
CHAIRMAN COLETTA: Before Mr. Berry steps down, did
anybody have any questions for him?
(No response.)
CHAIRMAN COLETTA: Thank you very much, sir.
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May 8, 2007
MR. BERRY: Thank you.
MS. FILSON: Next speaker is Lori Young. She'll be followed by
Gina Palermo.
MS. YOUNG: Hi, good afternoon. My name is Lori Young.
I'm the President of the Poinciana Civic Association. I don't have
anything prepared to say. Actually I'm just a little bit shocked at how
many people are sympathetic to people that break the law.
I was asked by my citizens to petition the county and draft an
ordinance. We worked with the county attorney, the sheriffs office.
And all of our supporters are in school, either Poinciana, Gulf View or
Naples High. That's why we have a small group.
We're speaking for the children, and what -- the input we've
received from the community is, they want to send a message that
Collier County is not sympathetic. There is a lot of white space there
to live in town.
The fact that even Lieutenant Smith didn't see that map until he
walked in this morning is -- you know, I don't know who made the
maps and shared them with everybody, but there's a lot of white space
in town.
Cape Coral passed a similar ordinance, and they still live in Cape
Coral. They all didn't move to Fort Myers.
So I'm just asking you to please support this. It's a smart thing to
do. It's heading in the right direction, and we don't need an incident
and it's proactive. Thank you.
MS. FILSON: Gina Palermo. She'll be followed by Lili Montes.
MS. PALERMO: Hello. My name is Gina Palermo. I'm a parent
and I have lived in Naples since 1971.
I had a lot I was going to write -- talk about, but we, you know,
we had went through this. I would like to say a few things out of my
content.
If we were to change the law to 2,500 feet, mine and many other
neighborhoods that were designed for family and children next to
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May 8, 2007
schools and parks so that we could let them walk to school and parks
will be safer.
Right now if they live in our village, they have to pass 50 homes
plus to get to their home past that park, past that school. If they lived
in the Estates, if that's where they choose -- but there are other places
-- but if they lived in the Estates, there are a few -- like you said,
there's a few houses you can't -- you would know where they live.
You could see their property. You could see them going home.
The property out there is not like where you have a quarter of a piece
of property where there's kids all over the place on both sides of the
street playing. They're mostly in their yard.
You know, in my neighborhood, if we see a car or person that is
not familiar, we talk about it. We -- and if we have a lot of sexual
predators living in our village and always there, our children may not
always think of them as a threat because they're used to seeing that
car, they're used to seeing that person.
So when you say as far as the Estates and their moving out there,
what about the future of Collier County? How many schools more are
we going to build or how many parks more are we going to build that
it will start to affect the Estates in the future if we do change that
ordinance, you know?
I just want to thank you, you know, for listening to us today, and
I please ask you to vote that it be changed. Thank you.
MS. FILSON: Lili Montes. She'll be followed by Tim Nance.
MS. MONTES: Hi. My name is Lili Montes, and I'm one of the
fortunate few that can say I was born and raised in Naples. And I
don't want to repeat everything Lori and Gina had said. I encourage
you please to extend the boundaries to make our communities safer,
send a message to some of these predators that you're not welcome
here.
You're -- we have a lot of kids in our neighborhood and they all
walk to school. They -- like Gina said, they all know what's going on
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May 8, 2007
in the neighborhood. If you extend the boundaries, this will better
protect the school district in our neighborhood and the park. We have
50, 60 kids running around the neighborhood at all times, after the
school, on the weekends. This ordinance would help ensure that they
be safe. Thank you.
MS. FILSON: Tim Nance. He'll be followed by Peter Gaddy.
MR. NANCE: Good afternoon, Commissioners. My name is
Tim Nance. I'm President of the Golden Gate Estates Area Civic
Association. I'm here to express a dissatisfaction of Golden Gate
Estates area and Northern Belle Meade residents at this ordinance.
At first glance, expanding the buffer distance from 1,000 feet to
2,500 feet seems like a minor change with little downside; however,
the operational realities of this proposal could have serious negative
impacts on selective areas of Collier County, including North Belle
Meade and Golden Gate Estates area.
A little bit of review of your geometry from high school will tell
you that a circle with a radius of 2,500 feet as opposed to 1,000 feet
has over six times the amount of area; therefore, increasing the buffer
distance to 2,500 feet from 1,000 excludes offenders from over six
times the number of homes, effectively excluding them from living in
large areas of urban Collier County. This, in effect, pushes future
offenders, people that move to our area, to living in the lower density
communities in the county such as the Estates area.
Lower density communities like Golden Gate Estates typically
have fewer patrols by law enforcement and longer walks from -- for
students to and from the bus stops.
Families often have dual wage earners and periods in the late
afternoon when children are home alone or supervised only by older
siblings.
As the rural residents see it, unfairly concentrating offenders in
low-density communities could potentially put children more at risk
and not less.
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The management of behavior offenders is, indeed, a serious
problem for all communities. Sexual offenses know no economic,
social, or regional bounds.
Information available today makes it easy to identify the location
of offenders if they register as required. Data from other areas across
Florida and the country that have instituted similar restrictive
ordinances shows an increased incidence of offenders failing to
register and effectively going underground.
As a society, no one likes to live next to a sexual offender, and
there's certainly a lot of information available on the computer today;
however, we should not allow citizen anxiety resulting from this
helpful yet disturbing information to lead us into an impulsive,
politically correct or counterproductive action.
All citizens in local government should see this as a clear
example of an ongoing social problem as a shared responsibility. All
Collier residents should have serious concerns about any measure that
would place an unfair burden on any individual portion of our county.
Expansion of the buffer distance is simply not effective and will create
more problems than it solves. The unintended consequence to create
privileged urban neighborhoods at the expense of the rural portion of
the county should be rejected by the county commission.
Thank you very much.
MS. FILSON: The next speaker is Peter Gaddy.
MR. GADDY: Good afternoon, Mr. Chairman. Good afternoon,
Commissioners.
I'm not going to repeat all the arguments which have been so
eloquently made. I'd just like to explain what's happened.
I've done a little bit of research in areas that have passed similar
ordinances. Of course the first one and the most important one is the
State of Iowa, and the effect of that ordinance has frustrated local law
enforcement throughout the entire State of Iowa because the effect of
the ordinance has been to drive sexual offenders underground. They
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May 8, 2007
fail to register or they register at a false address. This has created a
serious law enforcement problem and has, in fact, made the
community more dangerous.
Let me just finish with some statistics. Before the ordinance was
passed in Iowa, 6,000 people were on the list. Before the ordinance
went into effect, 140 failed to register. After it went into effect, 400
failed to register. Thank you.
MS. FILSON: That was your final speaker, Mr. Chairman.
CHAIRMAN COLETTA: Okay. Commissioner Coyle, your
light's on.
COMMISSIONER COYLE: No, I've already made my
comments. Thank you.
CHAIRMAN COLETTA: Okay. We have a motion by
Commissioner Coyle, a second by Commissioner Fiala.
Is there any other comments?
COMMISSIONER FIALA: I had one more, ifI may.
CHAIRMAN COLETTA: You may, of course.
COMMISSIONER FIALA: I was just wondering, because they
were talking about the Romeo and Juliet offender versus true sexual
offenders, in the sheriffs office, do they ever separate the two
knowing that this was, you know, a kid with, you know, his girlfriend
who might have not even known her age or whatever?
MR. SMITH: No, we do not. The State of Florida has two
designations, that is sexual predators and sexual offenders. One of the
issues that we have is that we get a lot of offenders that corne from
other states, and, of course, there's not commonality in the state
statutes or laws, so a lot of times what they've violated in one state
may put them on a registry, and when they corne to the State of
Florida, that may not be a statute that would place them on a registry
in the State of Florida or it may be a law that we don't have in the
State of Florida.
So, for example, we could have an individual that's on a registry
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May 8, 2007
in the State of California for a minor sex offense, moves to Florida.
We don't have a similar law, but he's registering in the State of Florida
because the law requires him to register ifhe's required to register in
this or any other state. So it's strictly the two designations.
CHAIRMAN COLETTA: Another question?
COMMISSIONER FIALA: No, that was it.
CHAIRMAN COLETTA: Okay. Do you see, this particular
ordinance that we're voting on now, do you see this in -- as a strong
tool to be able to prevent future occurrences?
MR. SMITH: You know, I don't want to dance around the issue.
Every region has idiosyncratic issues to deal with when it relates to
offenders as to whether or not there's, you know, sex offender
treatment programs within the community, whether or not there's
halfway houses and all of this. So it's really difficult to say whether or
not, you know, this would affect recidivism.
From experience, offenders are going to offend when they desire
to offend, whether or not they're on a GPS unit, on probation, not on
probation, restricted or not restricted. It's a unique type of criminal
offense that causes recidivism.
CHAIRMAN COLETTA: Well, if distance doesn't solve the
problem, in other words, restrictions of where they can live, what can
be done to try to bring the problem under control or give our residents
a measure of security?
MR. SMITH: If I knew the answer I probably wouldn't be a
lieutenant with the sheriffs office. You know, realistically, I will tell
you, we've implemented some programs in the sheriffs office. We
have a program called Offender Watch which is a community-based
offender program where the citizens can -- someone mentioned
communication. You can log on, put your address into the online
database. Whenever an offender moves into your neighborhood, you'll
automatically get an email that an offender has moved into your
neighborhood. Awareness is a key, having access. So the public
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May 8, 2007
database is a key.
You may have heard of the Adam Walsh Act that was just passed
July of this last year. What that act has attempted to do, in brief
summary, is to create a baseline set of minimum standards for every
state to adhere to as it relates to monitoring and tracking sex offenders.
And that's the floor, and each county or state can, you know, go
up from there. But that will help with some of this -- you know, what
type of offenders we are dealing with. It requires the sharing of case
file and sentencing information between states.
So to us communications and monitoring is a very big issue.
CHAIRMAN COLETTA: Okay. Now what I'm getting at is
that, one, I think it's going to place an undue burden on the residents
of the rural part of the county, and number two, I think it's going to
give a false sense of security to the residents in the urban part of the
county where they think that this particular barrier's going to protect
them from sexual offenders. I don't know what's going to be gained
by this. So I'm at a little bit of a loss of why I would want to vote for
it.
There's more things wrong with this than there's right, and we
haven't solved the problem. And I can't even feel good about it, you
know, as far as how we're -- with the direction we're going with it. I
think possibly more residential awareness of what's taking place in
their own neighborhoods.
We've got a real serious problem in the Estates. The side roads
that go up and down off of Golden Gate Boulevard, off of White, they
very rarely ever see a sheriff car. You know, there might be 20, 30
houses on the whole street, and the street's a mile long. It might be a
couple times a year unless the sheriffs called to go down those streets.
They don't aimlessly wander up and down those roads like they
do in the urban area. So it's a tremendous disadvantage to be out in
the urban area to have all future residents that have -- the status of
sexual predator told where you can live is Golden Gate Estates. It's
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May 8, 2007
not going to work. That's my own opinion.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I'd just like to make two
final comments. I think I can see where this is going. Making the
argument that you shouldn't expand the buffer zone around
playgrounds and schools because it doesn't do any good is a lot like
making the argument that you shouldn't have any border protection
because people get around it anyway. It is a non-sensical argument.
The other point is that if you reject something that helps some of
the people because it's not absolutely perfect for everybody, that also
is a non-sensical argument. You're letting the perfect, a desire for the
perfect, interfere with doing something that's good.
So I don't see any way to get by this. There seems to be enough
people opposed to it. But, I quite frankly, have a zero tolerance for
sexual predators or sexual offenders. And if they've been convicted,
they should be subject to some kind of sanctions or penalties, and that
means they can't go or live certain places. I don't see anything wrong
with that.
I'm not going to lose a lot of sleep over the fact that somebody
who got themselves convicted of one of these crimes is somehow
inconvenienced. And I also cannot believe that we would refuse to try
to protect some communities in our county because we can't protect
everybody at the same time.
The point really is that the people in Golden Gate Estates don't
get the same EMS responses and the same fire responses that people in
the more populated areas get. They don't get that good of service
because they are, in fact, dispersed and it is more difficult to get out
there and evacuate people and get attention to those who are ill or
injured.
And to say that we're not going to do anything until we can do it
perfectly across the entire county is an argument that I just find
appalling. But nevertheless, why don't we call the question and let's
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May 8, 2007
get on with our business.
CHAIRMAN COLETTA: No, not so fast. With the comments
you made, I think you lost the context of where we're corning up from.
Nobody up here endorses sexual predators. No one here is in
favor of it. But I -- the whole thing is, it's an issue of fairness of where
you live.
Why should -- if you want to corne up with an ordinance that's
going to address this situation, why don't you say that we'll live with
what we've got here, but no sexual predators can live east of
Livingston Road? Now I can start to live with something. But I've
got a duty to be able to protect the people that live in the rural parts of
Collier County.
You're saying that we're showing -- we're not showing preference
but we are showing preference. We're showing preference to the
people that live in the urban area.
COMMISSIONER COYLE: Then let's change this ordinance so
that no sexual predators can be allowed to live in Collier County.
(Applause.)
COMMISSIONER COYLE: Okay? All right?
CHAIRMAN COLETTA: You're a lot closer to it.
COMMISSIONER COYLE: Now, let's get down to the real
facts. Are you willing to do that?
CHAIRMAN COLETTA: Well, if I had a choice between the
two ordinances.
COMMISSIONER COYLE: Well, let's make a choice between
--
CHAIRMAN COLETTA: It puts a possible burden on my
residents. The other one, I don't know if it's possible to ever be able to
put it in place.
COMMISSIONER COYLE: Well--
CHAIRMAN COLETTA: And you're not protecting sexual
predators. I'm very concerned with the direction it's going. It's
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May 8, 2007
showing -- it is showing favoritism to the urban area at the expense of
the rural area.
COMMISSIONER COYLE: No, it's not. It has nothing to do
with favoritism. It has to do with geographical limitations and
requirements, and that's all it is. And the point is, I would be perfectly
happy to vote an on ordinance that would forbid sexual predators from
living in Collier County, end of story. I would be happy to do that.
The point is, we're told we can't do that.
So we're doing the best we can with what we've got, and now
we're being told, you can't do that because it's not perfect. It doesn't
protect everybody equally. And I understand it doesn't protect
everybody equally, and neither does our EMS service and neither does
our fire service protect everybody equally. We've recognized those
geographical problems.
But what I would prefer to see is somebody -- if they're opposed
to this, let's find a way to make it equal. Let's find a way to protect
everybody. But just to say, well, I'm sorry, but it's not a perfect
solution, so let's not do anything at all --
CHAIRMAN COLETTA: It's a dangerous solution for the
residents that I represent.
COMMISSIONER FIALA: Okay. So it's okay if they live in
my district --
CHAIRMAN COLETTA: No, no, no, it's not.
COMMISSIONER FIALA: It's just not okay if they live in your
district?
COMMISSIONER COYLE: That's it.
CHAIRMAN COLETTA: No, no. The thing is, is that I don't
want to be totally excluded from one district to have to move to the
other. That's the whole thing, Commissioner Fiala.
COMMISSIONER FIALA: Well, let me -- my light is on--
CHAIRMAN COLETTA: It is.
COMMISSIONER FIALA: -- so let me just say, we have more
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May 8, 2007
police protection in this area where these predators are all located right
now. Doesn't stop them at all, does it?
I think that they go toward the housing. What do you have here?
You have all rentals, low-income housing, so that's where they're
hiding out. They're not going where they're going to buy a house
where they can't move in a minute. They go into something where
they can move on quickly. That's the rental houses there.
They're going to stay right there. The police are already there,
and they're all located around schools and day care centers, and
children, as it is. I don't see them moving out because they can get
away from the law. They're right in the middle of it.
CHAIRMAN COLETTA: And children are through the Estates,
too.
Commissioner Henning?
COMMISSIONER HENNING: Well, this sure is a passionate
Issue.
From -- my understanding is, there's a lot of reports of sexual
predators approaching kids at bus stops. We read that all the time.
But I do find it offensive, it's okay to move out -- a sexual predator out
of Poinciana Village to locate it next to my house where I have a
four-year-old son, and that's what I heard down there from the coastal
commissioner, and I just -- I can't accept that.
If we do an ordinance -- this ordinance is not going to protect
anything because people have cars. They can still hang around parks.
All this says is they can't live near a park or a school, and it's not
protecting anything. It's just locating a certain sector of the
community outside the urban area.
And Commissioner Coyle is right. They have less services in the
rural area, so why would you locate -- encourage predators to locate in
an area where you have less police protection?
COMMISSIONER FIALA: I don't know how it encourages
them. They're already right here --
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May 8, 2007
COMMISSIONER HENNING: They're all over the county, but
when you say that you cannot locate in this geographical area -- and
those are large circles, Commissioner.
COMMISSIONER FIALA: Well, then why don't you include
that in the ordinance? Why don't you say something about, you know,
in an area that's as unprotected as that, then the scope gets bigger or
something?
COMMISSIONER HENNING: Yeah. You know -- and you're
going to find out that we cannot do that.
COMMISSIONER COYLE: Let's call the question,
CHAIRMAN COLETTA: Okay. We still have two more
commissioners. Very interesting discussion. Let's go back to
Commissioner Coyle, then Commissioner Halas.
COMMISSIONER HALAS: I was first.
COMMISSIONER COYLE: No, no.
CHAIRMAN COLETTA: Oh, were you first?
COMMISSIONER HALAS: Yes.
COMMISSIONER COYLE: No, I don't have anything else to
say.
COMMISSIONER HALAS: Okay. This was up on this
particular legislative session up in Tallahassee. Where did it end up
at?
MR. ZACHARY: There were a total of five bills that dealt with
this issue. All five died in committee.
COMMISSIONER HALAS: Okay. So obviously this is a very
difficult ordinance to address because obviously ifthere's five
different bills, there must have been five different opinions and,
therefore, there was a lot of thought and a lot of consideration in
regards to exactly how they were going to address this problem.
So to be honest with you, I think that we need to rely on the state
to address this issue and to figure out what direction we need to go on
this, because I think it's going to end up eventually in the Supreme
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May 8, 2007
Court because I think there's going to be some problems in regards to
exactly -- some people's rights. Even though they've been convicted,
I'm concerned about where we have a distinguishing deal between
offenders and predators. And so that's where I stand on this issue.
CHAIRMAN COLETTA: Okay. Any other comments?
(No response.)
CHAIRMAN COLETTA: So we have a motion by
Commissioner Coyle and a second by Commissioner Fiala.
All those in favor of the motion, indicate by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Opposed?
COMMISSIONER HALAS: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Motion fails, 3-2.
Okay, next item.
Item #8A
ORDINANCE 2007-44: AN ORDINANCE CONSOLIDATING
ORDINANCE NO. 2005-55 (COLLIER COUNTY CODE
ENFORCEMENT BOARD AND PUBLIC NUISANCE
ABATEMENT ORDINANCE), ORDINANCE NO. 1997-35
(COLLIER COUNTY CODE ENFORCEMENT CITATION
ORDINANCE), AND ORDINANCE 2004-46 (COLLIER COUNTY
CODE ENFORCEMENT SPECIAL MASTER ORDINANCE), IN
ORDER TO SIMPLIFY THE CODE ENFORCEMENT PROCESS,
AND ESTABLISH AFFIRMATIVE DEFENSES TO CERTAIN
ALLEGED CODE VIOLATIONS - ADOPTED
MR. MUDD: Commissioner, that brings us to item 8A. It's a
recommendation that the Board of County Commissioners adopt an
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May 8, 2007
ordinance consolidating ordinance number 2005-55, Collier County
Code Enforcement Board, and public nuisance abatement ordinance,
ordinance number 1997-35, which is the Collier County Code
Enforcement Citation Ordinance, and ordinance 2004-46, which is the
Collier County Code Enforcement Special Master Ordinance, in order
to simplify the code enforcement process and establish affirmative
defenses to certain alleged code violations.
I believe Mr. Jeff Klatzkow -- assistant county attorney?
MR. KLATZKOW: Yeah, close enough.
MR. MUDD: Will present.
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: I have a motion to approve by
Commissioner Henning and a second by Commissioner Coyle.
COMMISSIONER HALAS: I got some questions.
CHAIRMAN COLETTA: Well, we will, sir. We're going to
corne to a -- we're going to it. Make the presentations necessary so we
can get enough information out to the public so they know what we're
talking about.
MR. KLATZKOW: This is a -- two parts to this. The first part is
we're consolidating the existing code ordinances that we have into one
ordinance to make it simpler for the public to follow, if they just have
to go to one ordinance now rather than pecking through our books for
multiple ordinances.
And the second one is, we're establishing an affirmative defense,
and it's a limited affirmative defense. It comes out of the complaints
we have been getting from the public that there are times when they
thought they pulled a permit but nobody here could find it because it
goes back years and years and years. There was a problem, alleged
problem, anyway, with our recordkeeping system many years back.
So what we're saying, that if your code offense is just simply you
failed to obtain a permit prior to April 1, 1997, as long as you can
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May 8, 2007
show that the work that was done would have met then current code,
you're fine, that there is no code violation. It has nothing to do with
variances. It has nothing to do with a violation of the LDC. It's
simply a defense when the code enforcement notice of violation is
failure to pull a permit.
CHAIRMAN COLETTA: Okay. Commissioner Halas?
COMMISSIONER HALAS: I have some concerns in regards to
what's on page l7 of 17, article IV, section 1, and it says, it shall be
complete defense and so on.
Does this indicate to me that this is a -- this doesn't give relief to
anyone in regards to abiding by his responsibilities to seek necessary
variances or permits?
MR. KLATZKOW: No, it has nothing to do with variances. If
you're in violation of our --
COMMISSIONER HALAS: What about permits, to bring the
property back into compliance?
MR. KLATZKOW: The fence is that the only code violation,
that is, it means it alleges you failed to pull a permit, that's the only
code violation, and it goes prior to 1997.
COMMISSIONER HALAS: Okay.
MR. KLATZKOW: So you had the obligation to pull your -- it
doesn't protect anybody after that date. This is just for those cases a
long time ago when our records system wasn't as good as it is now.
COMMISSIONER HALAS: So are you saying if somebody has
a pool enclosure and didn't get a permit and then also had an
encroachment in the side yard or back yard, that they wouldn't have to
get a variance?
MR. KLATZKOW: He has to get a variance for the
encroachment. It has nothing to do -- it does not cure his problem
with the encroachment.
COMMISSIONER HALAS: Okay.
MR. KLATZKOW: Where this comes, sir, is let's say somebody
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May 8, 2007
put up a fence 15 years ago and nobody can find a permit for it. As
long as the owner can establish that the fence was permitted -- was put
up properly and met then current code, he's fine.
COMMISSIONER HALAS: Okay. What happens ifhe has an
encroachment in his neighbor's property?
MR. KLATZKOW: Oh, he's got to get a variance for that, sir.
COMMISSIONER HALAS: Okay. Or he has to move the
fence; is that correct?
MR. KLATZKOW: That's correct.
COMMISSIONER HALAS: Okay. So this isn't a
to-get-out-of-jail or anything of this nature?
MR. KLATZKOW: No, sir.
COMMISSIONER HALAS: Okay, all right. Just so we all -- so
long as we've got that clarified on the record so there's no discussion
later on.
CHAIRMAN COLETTA: Question on impact fees.
MR. KLATZKOW: This has nothing to do with impact fees.
Current policy is that you pay impact on -- when you file a permit. If
a permit wasn't filed lO or l5 years ago, you'll have to pay today's
rates.
CHAIRMAN COLETTA: And that's only right, because there's
an incurring interest that would go with it. So I'm fine with that. I had
that question down here, and you just answered it.
COMMISSIONER HALAS: Good.
CHAIRMAN COLETTA: Any other questions on the part of the
commission?
(No response.)
CHAIRMAN COLETTA: I want to thank Commissioner
Henning for bringing this issue back -- forward some time ago, and it's
a good one to bring some sort of resolution to. Thank you,
Commissioner Henning.
COMMISSIONER HENNING: Thank you. It took a lot of
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May 8, 2007
research.
COMMISSIONER HALAS: So this is only -- it only goes back
to April 1, 19977
MR. KLATZKOW: Yes, everything prior to that.
COMMISSIONER FIALA: Prior to that.
COMMISSIONER HALAS: Okay. And then -- right. And
anything after that, no matter --
MR. KLA TZKOW: The records.
COMMISSIONER HALAS: No matter whether we -- this goes up to
April 1, 2018, we're still going to rely on April 1, '99 -- '97 as the date
that this ordinance was enacted, and anything before that, it falls under
this guidelines?
MR. KLATZKOW: That's correct, sir.
COMMISSIONER HALAS: Anything after does not?
MR. KLATZKOW: That's correct, sir.
COMMISSIONER HALAS: Good.
CHAIRMAN COLETTA: Okay. With that, let's go with it. All
those in favor of -- the motion is made by Commissioner Henning and
seconded by Commissioner Coyle -- indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it 5-0. Thank you.
Item #8C
PETITION PUDEX-2006-AR-9124: IMCOLLIER JOINT
VENTURE, REPRESENTED BY RICHARD YOV ANOVICH OF
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May 8, 2007
GOODLETTE, COLEMAN AND JOHNSON, P.A., IS
REQUESTING TWO 2- YEAR EXTENSIONS OF THE MIRASOL
PLANNED UNIT DEVELOPMENT (PUD) FROM APRIL 24, 2006
TO APRIL 24,2010. THE SUBJECT PUD PROPERTY,
CONSISTING OF 1558 ACRES, IS LOCATED ON THE NORTH
SIDE OF IMMOKALEE ROAD IMMEDIA TEL Y WEST OF
COLLIER BOULEVARD IN SECTIONS 10, 15, AND 22,
TOWNSHIP 48 SOUTH, AND RANGE 26 EAST, IN COLLIER
COUNTY, FLORIDA. (THIS ITEM IS A COMPANION TO ITEM
10F) - PETITIONER REQUESTS TO WITHDRA W - APPROVED
Item #lOF
A DEVELOPERS CONTRIBUTION AGREEMENT WITH 1M
COLLIER JOINT VENTURE (DEVELOPER) AND COLLIER
COUNTY (COUNTY) TO DESIGN, PERMIT AND CONSTRUCT
ROADWAY AND INTERSECTION IMPROVEMENTS AT THE
INTERSECTION OF COLLIER BLVD. AND IMMOKALEE
ROAD - APPROVED
MR. MUDD: Commissioner, that brings us to our next two
items. I'm going to read 8C, and then I'll read 10F. 8C this
information requires that all participants be sworn in and ex parte
disclosure be provided by commission members. It's petition
PUDEX-2006-AR-9124, IMCollier Joint Venture, represented by
Richard Y ovanovich of Goodlette, Coleman and Johnson, P A, is
requesting two two-year extensions of the Mirasol planned unit
development, PUD, from April 24, 2006, to April 24, 2010.
The subject PUD property consists of 1,558 acres, is located on
the north side of Immokalee Road immediately west of Collier
Boulevard in Section 10, 15, and 22, Township 48 south, and Range
26 east in Collier County, Florida. This item is a companion to item
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May 8, 2007
10F, which I'll read now.
lOF, a recommendation to approve a developer's contribution
agreement with IMCollier Joint Venture Developer and Collier
County to design, permit, and construct roadway and intersection
improvements at the intersection of Collier Boulevard and Immokalee
Road, which is the project.
Mr. Norman Feder, the Administrator of Transportation Services,
will present when we get to that particular item. This item is a
companion to item 8C, which I've just read previously.
CHAIRMAN COLETTA: Okay. Mr. Feders (sic) is going to
present?
MR. MUDD: No, sir. I think we want to swear people in at this
particular time and take ex parte.
CHAIRMAN COLETTA: Oh, yeah. At this point in time, all
those who wish to testify, please stand, raise your right hand, and
would you please swear them in.
(The speakers were duly sworn.)
CHAIRMAN COLETTA: Okay. Now ex parte disclosure by
the commissioner, starting with Commissioner Coyle.
COMMISSIONER COYLE: I have had correspondence, I have
talked with representatives of the Conservancy and with Nancy
Payton, I have met with the petitioner and his representatives, and I
have toured the property, and I have read the staff reports.
CHAIRMAN COLETTA: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yes, thanks very much. I've had
meetings with a number of people, I've had correspondence, I've had
emails, and I've had also telephone calls in regards to this, and I
believe everybody from the environmental community has contacted
me one way or the other.
I've also had citizens call me in regards to that, that I should
approve this item, and we've had some -- a number of discussions, not
only with other people and people in the Planning Commission, I've
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May 8, 2007
also had long discussions with staff, and I've -- all email and
additional information that was presented to me yesterday about noon
by the attorney that's representing this. I also have that, and that's also
in my ex parte here.
CHAIRMAN COLETTA: I've met with the petitioner, I've met
with just about every environmental group out there. I received phone
calls, emails, and it's -- about sums it up. Anyone that could play into
this thing has.
Commissioner Fiala?
COMMISSIONER FIALA: Yeah. I've just about spoken to
everybody in the room at least once, if not more than once, by the
way. I also was lucky enough to go on a little tour of the entire
property to see it for myself, which I wanted to do. I've spoken at
length with staff, at length with environmental community. I have a
lot of information that I've received, and I have it on file.
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: I took the tour, received some
correspondence from the owners, spoke to the owners and the owner's
representative, received correspondence from the Conservancy and
other emails, and I received some backup material from the
petitioner's representative, Goodlette, Coleman & Johnson. That's it,
SIr.
CHAIRMAN COLETTA: Mr. Mudd?
MR. MUDD: Commissioner, we got through the ex parte.
You'll notice that I stood up and I swore in. I met with the petitioner
last week in the hopes of trying to find -- I also know that the flowway
is an issue that the environmental community has had on this
particular project for a long time.
I was able to talk with Mr. Y ovanovich and his client. Mr.
Schmitt was also in the room with me at the time. And the -- Mr.
Y ovanovich offered this up at the table. He basically said if the Board
of County Commissioners could see fit to approve item 10F, which is
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May 8, 2007
the intersection improvements and the vesting of some 799 units, ifhe
pays his impact fees within the eight- or nine-month period of time,
that he would -- that he would withdraw item 8C and he would corne
back to this board through the process, through the Planning
Commission, through the EAC, and all the other places that he has to
do with a PUD amendment on the Mirasol property, and he would
withdraw any extension request.
That's what -- that's what we talked about on that particular issue.
I didn't -- I didn't know any other better way to basically bring that to
the board's attention into the process. And I thought for ease of your
deliberations today, that I would offer that up first and that's what was
discussed at that particular meeting.
CHAIRMAN COLETTA: We have Commissioner Fiala and
then Commissioner Halas.
COMMISSIONER FIALA: Yes.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: I just wanted to ask the petitioner, if
we do approve 10F as it is, are they still committed to the 95l
extension? Will that still remain intact?
MR. YOV ANOVICH: I guess, for the record, Rich Y ovanovich,
on behalf of the petitioner.
Commissioner, what we've agreed to is we've never heard
anybody complain about the half a unit per acre density on the project.
We've committed to going through -- if the developer
contribution agreement is approved as written, we will go through the
PUD amendment process. The current PUD basically stays in effect.
We go through that process. The current PUD has a provision that
addresses reservation of right-of-way for the 951 corridor. That would
stay in. We have no intentions of requesting that that corne out.
During --
COMMISSIONER FIALA: Even if we just vote on 10F?
MR. YOV ANOVICH: Even if you vote on 10F, yes.
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May 8, 2007
COMMISSIONER FIALA: Okay. That's what I wanted to hear.
CHAIRMAN COLETTA: Want to make a motion?
COMMISSIONER FIALA: Yes. I'll make a motion that we
approve lOF. Let's see. Approve the developer contribution
agreement to fund the road project and that it includes the 951
right-of-way, or the 951 donation ofland, right?
MR. YOV ANOVICH: Well, that is -- that's part of -- that's part
of the PUD amendment process. That's not part of the developer
contribution agreement. That will be addressed as we go through the
PUD amendment.
COMMISSIONER FIALA: I just want to make sure it's in there.
I just want to make sure that it's still on the board.
MR. YOV ANOVICH: It's still-- it's still part of the PUD.
CHAIRMAN COLETTA: I'll second that motion.
COMMISSIONER FIALA: Okay.
CHAIRMAN COLETTA: And with that, go to Commissioner
Halas, is it; are you next?
COMMISSIONER HALAS: Yep, yep. I just want to make sure
that I have a full understanding of where you're going with this.
You're saying that you realize that the Corps of Engineers has denied
the flowway. So at this point in time, if someone else decides to put a
flowway through there or you're going to change your PUD, that
you're going to go through the amendment process; is that correct?
MR. YOV ANOVICH: Yes, sir. What we've agreed to do is
we're going to go through the public PUD amendment process to
address the flowway in our project. We -- frankly, we think that is in
our benefit because we're comfortable with our project and we're not
worried about going through the PUD amendment process and the
public scrutiny for our project.
COMMISSIONER HALAS: Okay. So that's an automatic.
You're saying then -- just so I get this clear. As far as we know, this
has sunsetted, and so now you're going through the process, an
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May 8, 2007
amendment process, to re-establish this PUD; is that correct?
MR. YOV ANOVICH: Weare going to go through the PUD
amendment process --
COMMISSIONER HALAS: Right.
MR. YOV ANOVICH: -- in order to be able to move forward
with our development on the property.
COMMISSIONER HALAS: Good.
CHAIRMAN COLETTA: Commissioner Coyle?
COMMISSIONER COYLE: I need a staff representative who
can discuss this with the developer contribution agreement. Is that
you, Nick?
MR. CASALANGUIDA: Sure.
COMMISSIONER COYLE: Okay. Ifwe approve the developer
contribution agreement and the project is, for some reason, the PUD
is, for some reason, disapproved during the subsequent review
process, what happens?
MR. CASALANGUIDA: That's a good question. If there is a
PUD amendment and it's denied?
MR. KLATZKOW: A deal is a deal. DCA goes hard.
COMMISSIONER COYLE: Okay, okay. That's all I needed to
know. That solves my problem.
MR. CASALANGUIDA: Okay.
COMMISSIONER COYLE: Okay. Good negotiating.
CHAIRMAN COLETTA: Commissioner Halas?
COMMISSIONER HALAS: So you're telling me that if
something goes wrong with this amendment process, the developer
still has to step up to the plate on this, and we're not going to be held
to the bank on this?
MR. KLATZKOW: I would enforce the contract as written
under your direction, but yes, a deal is a deal.
COMMISSIONER HALAS: Because I don't want to get
ourselves in another predicament like we did not too long ago where
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May 8, 2007
there was another PUD that was to the point where it was going to
have to sunset, but if we made some kind of a commitment where --
that we weren't going to sunset, then we were going to be held
accountable for about $8 million. And I want to make sure that we're
not going to be -- anything that's committed here, that we're going to
have to shell out money from the bank.
MR. KLATZKOW: Sir, we have no risk.
COMMISSIONER HALAS: Okay.
CHAIRMAN COLETTA: Mr. Y ovanovich, you agree with
everything that was just said?
MR. YOV ANOVICH: No, I don't agree with everything. I
expect when we go through the PUD amendment process that the
commission's going to apply the comprehensive plan and the laws on
the book, so we're not concerned that we're going to get our project
approved, but I'm not going to say that there's no recourse if the
commission decides that they're just not going to approve any
development on this project.
And to quote a phrase that was said earlier, you've got a
get-out-of-jail-free card. That's not the case. We expect to go through
the PUD amendment process, that the comprehensive plan will be
applied to our property, and that at the end ofthe day, we're not
worried about density. We're talking about possible footprint, but
we're not worried about the density.
So if you're telling me -- I don't agree that there's no recourse
under the agreement. I would agree that we have to go through the
PUD amendment process to get our project approved.
COMMISSIONER COYLE: Mr. Chairman?
CHAIRMAN COLETTA: Wait. Before you go, let's--
Commissioner Coyle and then--
COMMISSIONER COYLE: Yeah. I just want to clarify that. If
we do something that is not consistent with the Growth Management
Plan, you always have legal recourse with respect to that. If we do
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May 8, 2007
something with respect to signing a developer's contribution
agreement and you -- your PUD is not approved for some reason that
is supportable by the GMP provisions --
MR. YOV ANOVICH: Totally different issue.
COMMISSIONER COYLE: -- our position is that you don't get
a refund.
MR. YOV ANOVICH: I agree.
COMMISSIONER COYLE: Okay? As long we adhere to the
law, the government adheres to the law, you should have no recourse
with respect to the developer's contribution agreement.
MR. YOV ANOVICH: And all I'm saying is, if you apply the
law, we'll be okay.
COMMISSIONER HALAS: Rich, I know you. I know you,
Rich.
MR. CASALANGUIDA: Commissioners, also for clarification.
This improvement that they're proposing to do through this agreement
is an improvement the county would be doing regardless at this point
in time, so it's not like this improvement would not be done by the
county in this next six months or year as well, too.
COMMISSIONER COYLE: What is the schedule for doing
this?
MR. CASALANGUIDA: Weare scheduled to start in March
through the permitting process, and it's a 12-month schedule.
COMMISSIONER COYLE: And this DCA will provide us the
funding to do that?
MR. CASALANGUIDA: DCA, they actually assume all the
responsibility for the funding.
COMMISSIONER COYLE: Okay.
MR. CASALANGUIDA: So there's no problem.
COMMISSIONER COYLE: And there's no problem with the
schedule?
MR. CASALANGUIDA: No, sir.
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May 8, 2007
COMMISSIONER COYLE: We're not going to wait for two or
three years to start this; it's going to be started right now?
MR. CASALANGUIDA: Sir, the day they walk -- the minute
they walk out that door, they're going to call their engineer and ask
them to submit permits for the canal, I guarantee you.
COMMISSIONER COYLE: Okay.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: Yes. And as you start to amend this
thing, my big concern is protecting that flowway, protecting our future
water source. So, you know, if you want any kind of a positive result
out of your vote, you need to be doing that.
MR. YOV ANOVICH: Commissioners, we've heard the issues
and we looked forward to going through the process and presenting all
of the evidence in the normal process to show you how we are taking
care of those resources.
CHAIRMAN COLETTA: Fine. How many speakers; four,
right?
MS. FILSON: We have four speakers.
CHAIRMAN COLETTA: I'm sorry. Mr. Weigel, before we call
the speakers.
MR. WEIGEL: Thank you. I appreciate that. The board
members have asked good questions. I think they have received clear
answers from both County Attorney Office and Mr. Y ovanovich, but
there's, I think, one additional question that might be asked, if I might
raise it, and that is, does the approval of the developer contribution
agreement give any additional rights to the developer in the PUD
amendment process or claim to rights that they would not have if the
agreement was not approved?
MR. YOV ANOVICH: And I think Mr. Klatzkow and I agree
that we've got to go through the PUD amendment process and follow
your rules to get the PUD amendment approved. There's no -- there's
nothing in the DCA that exempts us from any of your regulations
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May 8, 2007
applicable to the PUD amendment process.
MR. WEIGEL: That's correct, and that's what you said before. I
just was looking to see if, in fact, this agreement and -- would purport
claim by the developer that in the PUD amendment process there is a
vesting or other right that wouldn't otherwise be there if there had not
been a developer contribution agreement.
MR. KLATZKOW: Well, there is a vesting right in the sense
that if they prepay their impact fees, they get vested for 799 units.
MR. WEIGEL: Okay. I wanted to make that very clear then for
the board to have full information and understanding. Thank you.
COMMISSIONER COYLE: Questions?
CHAIRMAN COLETTA: Commissioner Halas, then
Commissioner Coyle.
COMMISSIONER HALAS: When you go through the
amendment process, I would assume that the watershed management
might end up getting involved in this. Would it or not; do you think?
MR. YOV ANOVICH: I have no -- Commissioner, I don't know.
I mean, whatever the comprehensive plan says and your Land
Development Code says, we're going to have to go through that
process.
COMMISSIONER HALAS: Wonderful, because I think
watershed management might fall into that -- under some of that
jurisdiction. Thank you.
CHAIRMAN COLETTA: Commissioner Coyle? I'm sorry.
Commissioner Coyle? You forgot what you were going to say?
COMMISSIONER COYLE: No. I know exactly what I'm going
to say. I--
COMMISSIONER FIALA: He's just making a statement.
COMMISSIONER COYLE: Look, Rich has something in mind
here. He knows what he's going to do. Now, the--
COMMISSIONER HALAS: That's why I said I know him.
COMMISSIONER COYLE: You're going to get vested rights on
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797 units.
MR. YOV ANOVICH: Seven hundred ninety-nine.
COMMISSIONER COYLE: Seven hundred ninety-nine. Can
we negotiated down to 7977
MR. YOV ANOVICH: No. I'd like to go the other way ifI
could, but let's just stay at 799.
COMMISSIONER COYLE: Okay. But how you get there is
entirely subject to the PUD review process.
MR. YOV ANOVICH: I promise you, I don't have anything up
my sleeves, okay? We understand --
COMMISSIONER COYLE: You could take your shirt and your
coat off --
MR. YOV ANOVICH: You don't want to see that.
COMMISSIONER COYLE: -- and I still wouldn't buy it.
MR. YOV ANOVICH: Look, we are going to go through the
PUD amendment process to -- I use the analysis, when you sunset,
you're in purgatory.
COMMISSIONER COYLE: Yeah.
MR. YOV ANOVICH: You have zoning on your property. You
just can't do anything with it. So we have to either get extended or do
a PUD amendment. We're going to go through the PUD amendment
process to be able to pull development orders, and we're going to have
to be consistent with your comprehensive plan, and we expect the
comprehensive plan to be applied to us as it's written, and we're going
to go through that process. And there's going to be the EAC, Planning
Commission, and Board of County Commissioners. Those three
required public hearings.
I really don't have anything up my sleeves. We just want to --
nobody has ever complained about our density on this project. So we
just want to make sure that's truly what the issue is. If the issue is
really about compliance with the comprehensive plan and density is
not an issue, the developer contribution agreement addresses that issue
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May 8, 2007
and it gives the environmental groups what they wanted, which is to
go through the PUD amendment process.
CHAIRMAN COLETTA: Let's go to the speakers, then we'll
have plenty of time to discuss.
COMMISSIONER COYLE: Okay, yeah. No, I've got it. I
understand.
MS. FILSON: The first speaker is Nancy Payton. She'll be
followed by Brad Cornell.
MS. PAYTON: Good afternoon. Nancy Payton representing the
Florida Wildlife Federation, and I'm ready to play Let's Make a Deal
today.
We like what Mr. Y ovanovich has proposed. It gets us where
we've wanted to go for a year now, maybe longer, that this PUD have
a full and complete review by the public, by staff, by you.
We have assurances now that that's going to happen, and our goal
has always been to protect the historic Cocohatchee Slough, which is
what Commissioner Fiala referenced a few minutes ago, and we're
ready to debate it under the terms of the Growth Management Plan.
And we're pleased that today's going to be a short day. Thank you.
MS. FILSON: The next speaker is Brad--
CHAIRMAN COLETTA: Thank you.
MS. FILSON: -- Cornell. He'll be followed by Nicole Ryan.
MR. CORNELL: Good afternoon, Commissioners. I'm Brad
Cornell and I'm here on behalf of Collier County Audubon Society
and Audubon of Florida, which owns the 13,000-acre Corkscrew
Swamp Sanctuary and certainly is an affected neighbor of this project
and was the reason for my being here today.
I also concur with the proposed withdrawal of the extension
request and the proposal to go through the PUD amendment process. I
don't like to play Let's Make a Deal, but I think that this is a good
resolution to this particular issue because we believe the -- there are a
lot of issues that the public does need to examine. There's been a lot
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May 8, 2007
of changes to this project and its assessment since 2001 when this was
originally approved. So it certainly deserves and needs a full public
vetting process. Thanks.
CHAIRMAN COLETTA: Thank you.
MS. FILSON: Nicole Ryan. She'll be followed by Chris Straton.
MS. RYAN: Good afternoon, Commissioners. For the record,
Nicole Ryan, here on behalf of the Conservancy of Southwest Florida.
And we support what has been proposed today. We certainly
have believed all along that with the changes to the Mirasol project, it
does require the full vetting through the public process with advisory
board recommendations and a full discussion before you. So we're
glad that the Mirasol folks have corne to terms with that and agreed to
that.
I'm also glad to hear all of the discussion about what the
developer's contribution agreement will and won't do. We certainly
don't want to get into a situation where we're pitting transportation
funding and improvements against good planning and adherence to the
PUD and to the Growth Management Plan, so I'm glad that that has
been very well clarified today.
And a final thought -- because watershed management planning
was brought up. And watershed plans were supposed to be in place
and used as part of the review process through the Growth
Management Plan. That should have been in place by 2000 and it
should have been used for this review in 2001. It was not. But we
certainly expect that the Cocohatchee Slough, which the Cocohatchee
Watershed, is one of the watersheds that is under review for watershed
management planning, and we look forward to having a full
assessment, not only of the on-site impacts, but the impacts of projects
throughout the entire slough systems and to have that part of the
reVIew.
So we support what's proposed today, and we look forward to the
full PUD amendment process. Thank you.
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CHAIRMAN COLETTA: Thank you.
MS. FILSON: Chris Straton.
MS. STRATON: My name is Chris Straton. I'm the president of
the League of Women Voters in Collier County, another one of those
environmental type groups that hadn't contacted you in advance.
Go for it. It's hard to believe. I thought I was going to leave
today with my tail between my legs but urge you to go forward, and
we'll go through the PUD amendment process, and we'll be watching.
Thank you.
CHAIRMAN COLETTA: Thank you.
MS. FILSON: That's your final speaker, Mr. Chairman.
CHAIRMAN COLETTA: Great. Let's close the public portion
of the meeting now.
Discussion among the commissioners?
(No response.)
CHAIRMAN COLETTA: Seeing none. Mr. Mudd, you got
something to say.
MR. MUDD: No. Your motion on the floor is to approve item
lOF.
CHAIRMAN COLETTA: That's correct. And with that --
COMMISSIONER COYLE: Must we withdraw the request for
extension?
MR. MUDD: No. Once you approve 10F, I'm going to have Mr.
--
COMMISSIONER HALAS: It automatically withdraws.
MR. MUDD: I'm going to have--
COMMISSIONER COYLE: No, no, no. Let's withdraw the
extension first.
MR. YOV ANOVICH: Show me what's up your sleeve.
CHAIRMAN COLETTA: By the way, you need to know that it
is Richard's birthday today, so be nice to him.
COMMISSIONER COYLE: Okay.
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May 8, 2007
CHAIRMAN COLETTA: Okay? And with that, all those in
favor of the motion, indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it 5-0.
MR. MUDD: Now, sir, if I could call Mr. Yovanovich to the
podium. Mr. Y ovanovich, would you like the commission to -- your
wishes known to the board about item --
MR. YOV ANOVICH: It's 8C, correct, yes. I think we'd like to
withdraw that if it's okay with you all.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER FIALA: Second.
COMMISSIONER HALAS: Second.
CHAIRMAN COLETTA: Okay. We have a motion by
Commissioner Coyle and a second by many, but we'll recognize
Commissioner Halas to honor the request to withdraw.
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?
(No response.)
CHAIRMAN COLETTA: And the ayes have it 5-0.
Now, we're corning to the very end of the agenda, and 1--
MR. YOV ANOVICH: Thank you.
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May 8, 2007
MR. MUDD: Commissioner, that brings us --
COMMISSIONER HALAS: Happy birthday.
COMMISSIONER FIALA: Shouldn't we take a break before we
get into a big discussion?
CHAIRMAN COLETTA: Yes. Let's take just a quick
lO-minute break, Mr. Mudd, and we'll be right back.
MR. MUDD: Yes, sir.
CHAIRMAN COLETTA: This should be able to finish
everything up in about 20 minutes or so.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen, please take your seats.
Mr. Chairman, Commissioners, you have a hot mike.
Item #11
PUBLIC COMMENTS ON GENERAL TOPICS
Commissioner, that brings us -- we've pretty much finished our
regular agenda, and it brings us to paragraph 1l, public comments on
general topics.
Ms. Filson?
MS. FILSON: Mr. Chairman, I have no public comment.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. MUDD: Commissioner, that brings us to staff and general
-- excuse me -- staff and commissioner general communications.
CHAIRMAN COLETTA: Why don't we start with you, Mr.
Mudd, since you're right there and ready to go.
MR. MUDD: Yes, sir. I only have one item. The board -- the
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May 8, 2007
board asked at the last -- at the last time we had our legislators on the
phone at six o'clock during one of your board meetings, if we could
get the legislators together again before the session ended, and that did
not occur.
We normally have a post legislative session with our legislators
sometime in early June every year. We try -- and yes, there is a
special session. It starts on the 12th and goes through the 24th. And
at the end of that, you run into your budget issues and then you run
into your July summer break.
So I've tried to find a date to have a post legislative session, and
June has become a very difficult month to deal with, not only for the
Board of County Commissioners, but for our legislators, our local
legislators.
I am presently trying to work a date in May, and it looks like the
22nd of May for two hours between 10 and 12 o'clock could be a
possibility, and I'm waiting for confirmation. And Representative
Davis and his secretary are working with the other legislators to try to
get that confirmed.
The 22nd of May is your next board meeting. So I just wanted to
make sure that I'm on solid ground, okay, to continue to proceed. If
that date turns out to be a date that's possible that we interfere, so to
speak, with your day. We can start the meeting. We could even start
the meeting an hour earlier, depending on what I get for zoning issues
that corne out of the Planning Commission, which is on the regular
agenda, and I'll try to figure that one out. I tried to at lunchtime and
there were a couple questions I still had.
And then from 10 to 12 have the a post legislative session with
our legislators, and then break for lunch and corne back at one o'clock
with your advertised zoning type issues, 7 and 8, and then finish up
whatever we have to finish up in the evening.
On the 23rd of May, two commissioners will not be here, okay,
on date, and that's Commissioner Fiala and Commissioner Coyle,
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May 8, 2007
based on the -- based on --
COMMISSIONER FIALA: Oh, yeah.
MR. MUDD: Based on the information that I received, you're
out of town on that date.
COMMISSIONER FIALA: Oh, yeah, I forgot.
MR. MUDD: So that's what I have right now. And I just want to
make sure I'm on solid ground and I'm moving in the right direction
based on board's desires.
CHAIRMAN COLETTA: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I think this is a good time to
do it. We've got to do it before they go into the special session if
we're going to have any influence at all on what happens with the
property tax reform.
And the county manager and I have talked about this because I
went to a meeting last evening where Representative Rivera,
Representative Richter and Senator Saunders were speaking to the
realtors, the Naples Area Board of Realtors. And it's very, very
important that we talk with them.
Senator Saunders, by the way, had a very, very good
presentation, and he was very reasonable in his approach. He
understands the local taxing issues and the concerns, but
Representative Rivera is really, really still stuck on their proposal to
replace property taxes with sales taxes.
And everybody that I know of, and most certainly the majority of
the Senate, violently (sic) disagree with that concept. And so we need
to do something to try to get them closer together, you know, try to
encourage them to loosen up a little bit and consider a more
reasonable solution to property tax reform, but -- so I think it's
important that we do this.
Now, I believe we can make time. We can move out all the
presentations and awards and resolutions and things like that to
another meeting. They don't have to occur that morning at all. So the
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May 8, 2007
combination of corning in an hour earlier and also rescheduling some
of that early administrative stuff should leave us a good two hours to
sit with our legislators and get it done, and I think that's probably the
only time they can do it.
I just talked with Senator Saunders. He's scheduled to be here at
that time, so I hope we'll get the others, too.
But I'm in favor of doing it. I'd like to get it done and see if we
can't -- can't have some influence about trying to get them to move a
little closer in a more realistic fashion.
CHAIRMAN COLETTA: Let's keep the option open that if they
can't attend in person, if they're called to duty someplace else, that
possibly David Rivera might not be able to get over from the other
coast, that we can do it by phone. I know it's not the same thing as
having them in the room, but I'd hate to say, you know, that you have
to be here or else it wouldn't work. I'd like to leave that option open
myself. I think it's a wonderful idea what you're talking about,
moving the fluff off the agenda so that we can get right to the meat.
COMMISSIONER COYLE: Well, I tell you, I really would
strongly encourage us to try to get Representative Rivera here. He--
he is still very rigid on his position, and I'd like for him to understand
a little more about how we do things at the county level, and we might
be able to make some suggestions that will help them reach a
compromIse.
CHAIRMAN COLETTA: Commissioner Halas, then
Commissioner Fiala?
COMMISSIONER HALAS: Yes. I'd like very much to have
Representative Rivera be here in person. I think it's -- it's a little more
cozy that way and we can look at one another across the table, and
hopefully we can have some very open dialogue.
I'd also suggest, if the county manager could possibly send a
copy of our approved budget of last year to Representative Garrett
Richter, also Representative Rivera and also representative Mike
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May 8, 2007
Davis and possibly a copy to Representative Trudy Williams and
maybe Representative Grimsley. All of them, one way or another,
represent Collier County.
And so they have an understanding that we're not flush with cash,
as the way they interpret us to be, that they would, I would think, look
at also what is -- that we have to provide the infrastructure for growth.
And also if maybe you could include with them a short list of all
the mandates that are sent down to the county in regards to addressing
their particular problems when they can't meet their budget
requirements and they end up being part of our budget requirements.
So I would hope that we could accommodate them in that way
prior to meeting with them so hopefully they can open it up and get an
understanding of where we are as Collier County.
Now, there may be some other counties out there that aren't as
diligent with their budget, and those are the people that should be
taken to the woodshed.
CHAIRMAN COLETTA: And I would also make sure we could
pick up with inviting Senator Bullard, other side of Immokalee.
Commissioner Fiala, I'm sorry.
COMMISSIONER FIALA: That's all right. I just wanted to add
on a comment that you made, Commissioner Coletta. You said
something about phone. I don't think we ought to offer them that
option. As soon as, especially David Rivera, hears that he can do it by
phone, he'll stay there. It's much more of a trek to corne over here, but
I think if he doesn't have that option --
COMMISSIONER COYLE: It's an hour and a half.
COMMISSIONER FIALA: Right.
COMMISSIONER COYLE: It's an hour and a half.
COMMISSIONER FIALA: I know that, but --
COMMISSIONER COYLE: It's worth it.
COMMISSIONER FIALA: Yeah, that's exactly right, but we
need him here. So I would suggest, don't even offer.
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May 8, 2007
CHAIRMAN COLETTA: That's fine, you know. Whatever the
wish of the commission is. It's just that it's absolutely imperative that
he's here in one form or another.
COMMISSIONER FIALA: Right. Well, we want him here in
person.
COMMISSIONER HALAS: In person.
CHAIRMAN COLETTA: Well, I'm sure we can extend the
invitation, and we'll tell everyone how important it is that we have
their physical presence in the building so we can honor them.
Commissioner Coyle?
COMMISSIONER COYLE: Are we going to vote on this or
give guidance on this item?
MR. MUDD: I'd like to have some guidance. I'd like to have
some guidance that basically says, please continue to schedule the
workshop for the 22nd between 10 and 12 o'clock, an you have the
board's blessing in order to do that. I would like to have the leeway
that if I look at the agenda as it comes in -- and I'm getting a lot of
zoning issues that corne in -- to be able to -- the latitude to call the
meeting to start at eight o'clock, okay? And I will know within the
next couple of days if that's going to -- if that's going to have to be
done, and I'll move the proclamations and things out if it looks -- if it
looks like it's going to be too cumbersome.
COMMISSIONER COYLE: Move them out anyway just to
make sure. But yeah, I'll make a motion to provide that guidance.
COMMISSIONER FIALA: Second.
COMMISSIONER HALAS: And also give guidance to the
county manager to provide budgets.
COMMISSIONER COYLE: Well, if! could, let me do this in
two parts because I'd like to address that because I do have a concern
about that.
The problem we're going to have is we can't make them
understand our budget in the period of time that we're going to have,
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May 8, 2007
and I'm afraid that the budget will raise more questions than it will
answer. Unless they understand the budget, understand how we got
there and the process we go through, it's going to be almost impossible
to get any -- get any good understanding of that. I mean, we can take
that budget ourselves and spend an entire weekend reading it, and
we've still got questions.
COMMISSIONER HALAS: Ifwe could give them just a quick
synopsIs.
COMMISSIONER COYLE: That's a good idea, because I think
if we could give them an idea about our budget guidance, what we do
to establish a budget guidance for all of our departments and the
constitutionals and others, and make them understand, you know, we
don't give salary increases to senior management, we give bonuses,
that has a huge impact on total cost. We have a number of unique
things that we do and the county manager does to try to conserve
taxpayer funds in Collier County. And I think if we dwelt on that, it
would be better, okay.
COMMISSIONER HALAS: Okay. Let's do that.
COMMISSIONER COYLE: I think it would be better, but we
need to spend as much time as we can here on talking to them about
ways in which they can achieve their goals of reducing taxes.
They're going to reduce taxes. We just need to make sure that we
reduce taxes in a way that doesn't hurt everybody and actually gets
relief to everybody, because the proposals that are going on now will
not give relief to the homesteaded property owners. They're not going
to get a tax cut. The tax cut will go to the non-homesteaded people
and to commercial interests, and there's nothing wrong with that. I
don't want to criticize them for that.
But if the homesteaded people think they're going to get a
substantial tax cut, they're just downright wrong, and they're going to
get very, very angry when the time comes and their tax bills corne out
and they find, where did my tax cut go? And it's not there. It's not
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May 8, 2007
there.
And that's what we've got to deal with. We've got to find a way
to get everybody involved in the tax cut process in a way that doesn't
make a mess of the entire government.
COMMISSIONER HALAS: When you say everybody, you
mean everybody?
COMMISSIONER COYLE: I mean everybody.
COMMISSIONER HALAS: Okay.
COMMISSIONER COYLE: Yeah.
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: Yeah, thank you. The proposal
out there was to roll back tax. The House's proposal was to 2001.
COMMISSIONER COYLE: Yeah.
COMMISSIONER HENNING: The Senate's was 2005. When
you roll back, there is a substantial gain to the homesteaded residents
because you have to roll back and drop your millage. And when you
do that, the more benefit to voters and homestead residents.
COMMISSIONER COYLE: No.
COMMISSIONER HENNING: Yes.
COMMISSIONER COYLE: No. If you roll back, you're rolling
back 3 percent every year. Now you add back population increase and
CPI, you're adding back in 8 percent per year. So the homesteaded
property owners are not going to get any tax relief.
COMMISSIONER HENNING: Yeah, they will. The rollback --
if you roll back your taxes, that doesn't include those growth dollars.
So if they tell you to roll back to 2001, all right, that will substantially
lower the taxable rate, and they're not talking about not -- not using
the value. They're -- your -- our millage rate, the multiplier, into the
total assessment is going to go down dramatically.
COMMISSIONER COYLE: I don't believe that.
COMMISSIONER HENNING: Well, that's what they're
proposmg.
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May 8, 2007
COMMISSIONER COYLE: No. Well, first of all, the Senate is
never going to go back to 2001.
COMMISSIONER HENNING: No, they're not going to go
back, but they did have a roll back in 2005. So it is going to have a
substantial benefit to our existing residents.
COMMISSIONER COYLE: Well, I don't believe that, and I'd
like to see somebody prove it to me.
COMMISSIONER HENNING: Sure, I'll do that.
COMMISSIONER COYLE: Okay, okay.
CHAIRMAN COLETTA: Let's go back to Mr. Mudd. Have you
got anything else?
MR. MUDD: No, sir. I just need to -- Ijust need the board to
tell me that the workshop, 10 o'clock to noon on the 22nd, and some
flexibility if I need to have this meeting -- the next meeting start at
eight clock in the morning versus nine.
CHAIRMAN COLETTA: okay. And that was the form ofa
motion, was it now?
COMMISSIONER COYLE: Yes, it was.
COMMISSIONER FIALA: And I was seconding it.
CHAIRMAN COLETTA: Okay.
COMMISSIONER HENNING: Does that include a wake-up
call?
CHAIRMAN COLETTA: Commissioner Coyle was the motion
--
COMMISSIONER COYLE: Who said I'm going to wake up.
CHAIRMAN COLETTA: -- Commissioner Fiala for the second.
All those in favor, indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
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May 8, 2007
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it 5-0.
COMMISSIONER HALAS: Can we give -- budget -- I would
like to give them some kind of a condensed idea of what our
commitments are here in Collier County in regards to meeting the
infrastructure and also to give them an indication of the amount of
mandates that are passed down to the county. I think they have to --
they should get a list of --
COMMISSIONER COYLE: That's a good idea. Can I add to
that? Not just mandates, but mitigation costs?
COMMISSIONER HALAS: Yep, yes.
COMMISSIONER COYLE: Because those are huge.
COMMISSIONER HALAS: Yep.
COMMISSIONER COYLE: So if we talk about mandates and
mitigation costs and any other costs that we incur as a result of state
and/or federal regulations, that would be very, very helpful, because
that's where a lot of taxpayer money goes.
MR. MUDD: Not arguing with you. Mandates I can get my
hands on. Mitigation costs, ooh, Commissioner, I mean, you've
opened up Pandora's box.
COMMISSIONER COYLE: It's tough, yeah.
MR. MUDD: I mean, that's huge. I will try to --
COMMISSIONER HALAS: I'd give them a ballpark figure.
COMMISSIONER COYLE: Norm has nothing to do for this
weekend. Get him to work on that stuff.
MR. MUDD: I will corne up with some kind of a read-ahead to
let them know what our budget was, the budget summary, what the
budget guidance was, the saving measures that you as a board have
approved for us, and any state mandates that we have that they can see
where we're actually paying for issues that used to be a state service.
COMMISSIONER HALAS: And maybe you can also show
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May 8, 2007
them that -- how much the revenue sharing of sales tax has fallen off
over a period of, say, 2001.
MR. MUDD: Sir, that's part of the mandate, sir.
COMMISSIONER HALAS: Good, wonderful.
CHAIRMAN COLETTA: Okay. Anything else, Mr. Mudd?
MR. MUDD: No, sir. That's all I had.
CHAIRMAN COLETTA: Okay. Mr. Weigel?
MR. WEIGEL: Yes, thank you, just a couple three things.
The Goodland property owner's survey will be brought back as a
report for you this next board meeting.
We'll be advertising for your review the board's meetings and
procedures ordinance amendment that you directed us to do corning
back the first meeting in June.
And our office will be providing board members information and
recommendations relating to the political signs ordinance that carne up
as an element of discussion this past year in the days ahead, just to let
you know.
And that's it for me.
CHAIRMAN COLETTA: Thank you, sir.
Commissioner Henning?
COMMISSIONER HENNING: I have four things. The
workshop on charter government that we're having on the 15th, I
believe it is, are we going to invite the constitutional officers to
participate in that?
CHAIRMAN COLETTA: It's already been done.
COMMISSIONER HENNING: Okay. The second thing is fire
plan review. It's the understanding by statutes that the fire
departments, independent fire departments, can enforce the building
code. They believe that they can review plans and approve or not
approve plans. So if that's the case, why are we creating a committee
to see how we can improve that process? Okay?
The next thing, Janet Vasey forwarded over to the Board of
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May 8, 2007
Commissioners a proposal because of what the legislators are doing.
She's making certain requests for the board to consider to give
direction to the county staff, like freezing all new hires, restrict
non-essential travel and training, evaluate contracts, determine if they
can be reduced or deferred. It's just a whole list. I'm sure that
everybody read that.
Did we want to forward that over to the county manager for
implementation as far as this year's upcoming budget?
COMMISSIONER HALAS: I'd like to wait and see what
happens -- what comes out of Tallahassee before we start diving into
any cuts or anything. I'd like to find out where we're standing. Then
from there I think we can give guidance. But let's find out what's
happening in Tallahassee first. That's where I stand on this.
CHAIRMAN COLETTA: Commissioner Coyle, you've got your
light on?
COMMISSIONER COYLE: No, no. It's not me, no.
COMMISSIONER HENNING: Anybody have any objection to
forwarding it to the county manager?
COMMISSIONER HALAS: I think the county manager's
already got a copy of that.
MR. MUDD: Yes, sir.
COMMISSIONER HENNING: Well, he takes direction from
the Board of Commissioners. And that's why I'm just saying. It was a
suggestion from a member of our Productivity Committee.
COMMISSIONER HALAS: Right. I understand where she's
corning from and I think it's a good list, but at this point in time I'm
not going to start jumping through hoops to figure out what we're
going to do here until we can get some direction from Tallahassee in
regards to where they're going to go with this program.
COMMISSIONER HENNING: I heard that, Commissioner.
COMMISSIONER HALAS: Okay.
COMMISSIONER HENNING: But I don't know what
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May 8, 2007
everybody else thinks.
COMMISSIONER COYLE: Well, I would say that the county
manager should certainly look at, always, that we might be able to
develop alternatives to our budget in the event we are cut substantially
by legislation.
And I would hope that the staff would be continually evaluating
these kinds of things so that if we do have to make drastic cuts, we'll
know where we have to go and how we could do it.
I wouldn't want to go so far as to see them draft a new budget
proposal for us recognizing all of those kinds of cuts, but certainly
they should be planning those kinds of things in the event we get -- we
get hit really hard by state legislation.
COMMISSIONER HENNING: Okay.
CHAIRMAN COLETTA: Anything else, Commissioner?
COMMISSIONER HENNING: Doesn't sound like there's any
will. There's one other thing. I think everybody recognizes that one
of our Productivity Committee members lost her young husband.
Georgia Hiller.
COMMISSIONER COYLE: Didn't know that.
COMMISSIONER HENNING: No, you didn't know that? He's
passed away a few weeks ago at the age of 38. She has two young
children. She wants to continue to serve. It's going to take a long time
for her to get her life back.
And what she asked me as the liaison to the Productivity
Committee, would the board consider an alternate for her position.
Now, the ordinance does not provide an alternate for the Productivity
Committee. But being the circumstances, if the board has that desire,
we would ask the county attorney for assistance and see if the board
can do that.
COMMISSIONER COYLE: I'd be willing to support that.
COMMISSIONER FIALA: Me, too. I'd be willing to do that.
CHAIRMAN COLETTA: Commissioner Henning, I'm a little
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May 8, 2007
curious, I mean, because it's going to take us time to advertise for it to
get the results back. Did she give any indication, like three months,
four months, six months?
COMMISSIONER HENNING: Well, how do you get your life
back after having your heart ripped out of you?
CHAIRMAN COLETTA: I don't know, but it's one of those
things that's difficult. I can see there's going to be a lag of time before
we can get the alternate on. I have no idea. You know, I'm looking
for your guidance on this because you had the conversation.
COMMISSIONER HENNING: Well, the suggestion was, Doug
Fee applied for it at one time, and it's -- the suggestion was to put that
in as an alternative.
COMMISSIONER COYLE: I would not be in favor of that.
COMMISSIONER HENNING: Okay. Well, that's fine. But
you're in favor of an alternative?
COMMISSIONER COYLE: If you want to readvertise, that
would be fine for me, but Mr. Fee is not the person who should be
sitting on the Productivity Committee, in my opinion.
COMMISSIONER HENNING: Well, he's well qualified, but
that's -- I understand what you're saying. You want to advertise it;
that's what you're saying?
COMMISSIONER COYLE: Yes, yes.
COMMISSIONER HENNING: County Attorney, do we have a
problem with advertising an alternative, alternate Productivity
Committee member?
MR. WEIGEL: Well, the ordinance doesn't provide for it, but I
think that I'll call it, with creative application of the ordinance, the
board certainly has a significant latitude, ability, to -- I'm just working
off the top of my head, but I think this will get you there -- to
recognize, for instance, Ms. Hiller as no longer a member for a period
of time subject to reentry, and without the alternative provision, which
isn't there, having, through a solicitation process, someone corne in for
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May 8, 2007
a period of time subject to the will of the board. I think that we can
work something out under the ordinance to do it.
COMMISSIONER HENNING: Okay. Sounds like you've got
your job cut out, Sue.
MR. WEIGEL: Always do. Can do it.
COMMISSIONER HENNING: That's all I have, Mr. Chairman.
CHAIRMAN COLETTA: Thank you, sir.
COMMISSIONER HALAS: Mr. Chairman, just in regards to
this question here.
CHAIRMAN COLETTA: I'm sorry.
COMMISSIONER HALAS: After this -- after Ms. Hiller would
resume her responsibilities, then what would happen to this alternate?
Would he be removed or would this person still retain that position?
MR. WEIGEL: Okay. Well, you know, the alternate -- typically
there's an alternate who serves as alternate until there is a vacancy,
and then they become as a regular member.
What I'm thinking is, one thing our general ordinance provides is
that all members of any committee serve at the pleasure of the board.
So from that standpoint, there's a flexibility to put someone in and put
someone out and take someone who's been recognized as a member of
the board and recognize that they will have an opportunity to corne
back in.
COMMISSIONER HALAS: I'm just concerned that --let's say it
takes six or seven months then all of a sudden this person says, you
have to step back down. There might be some apprehension about
that particular person who was an alternate that has to step down
because he's been serving there, and maybe he's been serving on
committees, and all of a sudden has to step down from where he was
to be an alternate.
MR. WEIGEL: Okay. Well, you know, one of the things that
the board would normally do is fill a vacancy if a vacancy occurred
even in the normal scheme of things, that is through inability to attend,
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May 8, 2007
which appears may be the case here for a while. So, again, the board
has the ability to fill a spot, and to the extent that fairness, fair play,
comes in to considerations in the future, again, I think there's
flexibility of the board in that regard. Obviously a person corning in
to this particular situation would, I think, recognize from the outset
that there is a potential for a temporary relationship as a regular
member of this committee.
MS. FILSON: She was appointed to serve the remainder ofa
vacant term, and her terms expires in -- February 8th of'08. February
4th, I'm sorry, of'08.
MR. MUDD: And you normally advertise for a position that
goes vacate in November, I believe, November, December?
MS. FILSON: I advertise two months before the term's
expiration so that we have enough time to fill it prior to it actually
expiring, so I would advertise in December for this one.
CHAIRMAN COLETTA: Commissioner Coyle?
COMMISSIONER COYLE: Perhaps a solution. Since we don't
know when Ms. Hiller will be able to return, would it be possible to
appoint her as an alternate, select someone else, and then whenever
the next vacancy comes up, if she is ready to return, we could then
appoint her to that position? Would that work?
COMMISSIONER HENNING: I don't know if that will work
for her. That isn't what her request was.
COMMISSIONER COYLE: Okay.
COMMISSIONER HENNING: I would be happy to relay that to
her to get her feedback, but in the meantime I think that we can
advertise an alternate/productivity member position and see where it
goes. I mean, they just have so much work they're going to be doing,
and I think it's very important to have a full membership, if possible.
COMMISSIONER COYLE: Well, are you going to advertise for
an alternate; is that what you're saying?
MS. FILSON: If the county attorney puts a provision in the
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May 8, 2007
ordinance.
MR. WEIGEL: I think rather than amend the ordinance, I would
attempt to work with the ordinance as we have it in that we -- in that
we, with the board's direction or clarification here, indicate that there
is a position that -- you know, a position that is -- that is open with
limitations, because the board has recognized these limitations, and
these things can be cleared up, if need be, when you make this
appointment, any further, you know, little clarifications that we have
to do, so that we respect and retain the board's recognition, Ms. Hiller
corning back during the remainder of this term potentially, and at the
same time, the person who comes in, not as an alternate, but comes in
as a person to be active on the committee, will recognize from the
outset that there may be a limitation, and it may not be for the
remainder of this particular term which expires in -- February 4th of
'08. It may be something temporary in that. But those who wish to
apply will apply, and they'll have the opportunity to serve and assist. I
think we can do it.
COMMISSIONER HALAS: Okay.
MS. FILSON: So if! can ask a question. I'm going to advertise
for an alternate?
MR. WEIGEL: No.
MS. FILSON: But there's not going to be a set term?
MR. WEIGEL: Well, I think -- I'll try to answer lest to whom
the question's answer. The term that we're dealing with is Ms. Hiller's
term which expires February 4th, '08, so you would be advertising for
someone to fill this vacant time, and I'll help you with the language in
that regard, and the board is going to be recognizing -- and you,
perhaps, may want to make a motion today if Mr. Henning is
comfortable, or at the next meeting -- make a motion to recognize Ms.
Hiller is -- in essence, has been -- has been a member of the
committee, but is going to be recognized as off the committee for a
period of -- a voluntary period of time that the board has recognized
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May 8, 2007
and is accepting, and that when she wishes to corne back on, if she
does, during the remainder of her term, that she will have the
opportunity to corne back on and we will dovetail that with the
application and appointment that you make of the position that Sue
will advertise for.
MS. FILSON: Okay. So we're going to appoint someone, and it
will probably take me till August by the time we do the three months
advertising and the 41 days for the Productivity Committee to make
the recommendation, so they'll serve from August until February, and
that's when her term will be up?
COMMISSIONER HENNING: Well, it will be September
because we're not corning back till September.
MS. FILSON: Correct. It will be September then.
COMMISSIONER HENNING: Yeah. I think that we should.
And in the interim, if she, you know, is ready to corne back in
September, then it's no loss; we don't have to approve it. But if we do
have one, then we may have a candidate that wants to stay for -- may
reapply for it, you know. There's a lot of flexibility there. So I think
that's the direction, to go ahead and advertise it.
CHAIRMAN COLETTA: Okay.
COMMISSIONER HENNING: Okay.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: Nothing.
CHAIRMAN COLETTA: Commissioner Coyle?
COMMISSIONER COYLE: Nothing.
CHAIRMAN COLETTA: Commissioner Halas?
COMMISSIONER HALAS: Nothing at this time.
COMMISSIONER COYLE: Nothing.
CHAIRMAN COLETTA: Okay. Well, I have one little thing I'd
like to touch base with you on. 16F3 and 16F4 were good news items.
One of them was where -- we do it every year, where the Wal * Marts
give us permission to use their lots in the case of a natural disaster
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May 8, 2007
such as hurricane, and also 165F is with Catholic Charities, had made
their -- we're given an interlocal agreement where their personnel and
their buildings become available in case of an emergency.
And what I would like to do is have your permission to write
both of them a letter thanking them very much for this donation.
COMMISSIONER FIALA: I think it's a great idea.
COMMISSIONER HENNING: Second.
CHAIRMAN COLETTA: Okay.
COMMISSIONER HALAS: I have one other thing. Are you
bringing forward the contract for the --
CHAIRMAN COLETTA: Mr. Weigel?
COMMISSIONER HALAS: Yeah.
CHAIRMAN COLETTA: Yeah, can we finish this one off real
quick?
COMMISSIONER HALAS: Okay.
CHAIRMAN COLETTA: We have a motion and a second. I'm
sorry, was it Commissioner Fiala?
COMMISSIONER FIALA: Fiala then Henning.
CHAIRMAN COLETTA: Henning made the second, instructing
me to write such a letter.
All those in favor, indicate by saying -- I'm sorry, Commissioner
Coyle. Your light's on. Did you have something to address on this?
COMMISSIONER COYLE: No, no, no. I'm done.
CHAIRMAN COLETTA: 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?
(No response.)
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May 8, 2007
CHAIRMAN COLETTA: And the ayes have 5-0.
And the other thing that I wanted to touch on was the RPc.
There was a couple of issues that carne up there that mayor may not
be of interest to you. One has been a three-month ongoing discussion
regarding the FP&L Cole fire (sic) plant up in Glades County, and that
thing is going to be winding up pretty soon or going forward.
And the other one -- and I'm sure you've heard things about it
before -- they're corning forward with a proclamation regarding
fertilizer -- the types of fertilizer that should be used in urban areas,
and I'll share both of them when the results get closer.
And that's all I have unless -- and that concludes it, I guess.
That's the end of the meeting.
COMMISSIONER HALAS: Well--
CHAIRMAN COLETTA: Whoa, I'm sorry. Go ahead. You
were asking about -- yes, I asked that to be put on the next agenda.
COMMISSIONER HALAS: Okay.
CHAIRMAN COLETTA: And Mr. Weigel, there won't be any
problem? We have everything together that we can put together on
the next agenda? That will work out for your office?
MR. WEIGEL: I think so, yes, sir.
COMMISSIONER HENNING: This is a little early. We usually
take care of that in September.
COMMISSIONER HALAS: This is renewal of his contract.
COMMISSIONER HENNING: Right. We usually do that in
September.
COMMISSIONER HALAS: No. We -- he should let us know
what he wants to do a year before his contract is new or somebody
should take that initiative to figure out what he's going to do. And I
believe that in his contract it states something to the effect that either
he or the board needs to let him know 180 degrees -- 180 degrees --
CHAIRMAN COLETTA: It's been a long day.
COMMISSIONER HALAS: -- 180 days of whether we're going
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May 8, 2007
to renew his contract or whatever, or just let this go until September.
If it's into September, then he doesn't have a contract because he's not
working with the contract.
CHAIRMAN COLETTA: So in any case, we'll bring it back and
we'll have it on the agenda. We'll have an opportunity to argue all the
points at that point in time.
And I think that concludes all the business we have here today.
****Commissioner Fiala moved, seconded by Commissioner Halas
and carried unanimously, that the following items under the Consent
and Summary Agendas be approved and/or adopted ****
Item #16A1
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR THE SCHOOL DISTRICT ADMINISTRATIVE CENTER -
W/RELEASE OF THE UTILITIES PERFORMANCE SECURITY
Item #16A2
RESOLUTION 2007-106: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF QUAIL WEST PHASE III, UNIT
FOUR, THE ROADWAY AND DRAINAGE IMPROVEMENTS
WILL BE PRIV A TEL Y MAINTAINED - W /RELEASE OF THE
MAINTENANCE SECURITY
Item # 16A3
RESOLUTION 2007-107: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF QUAIL WEST PHASE III, UNIT SIX.
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May 8, 2007
THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE
PRIV A TEL Y MAINTAINED - W /RELEASE OF THE
MAINTENANCE SECURITY
Item #16A4 - Continued to the May 22, 2007 BCC meeting per
Change Sheet: To remain on the consent with the
exception of Reference Item #2003-396
Re: Lorraine Patton which is continued until the May
22, 2007 BCC Meeting
THE RELEASE AND SATISFACTION OF CODE
ENFORCEMENT LIENS FOR PAYMENT RECEIVED AT A
COST OF $10 EACH (TOTALING $160) TO RECORD THE
SATISFACTIONS OF LIEN - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item # 16A5
FINAL ACCEPTANCE OF THE WATER UTILITY AND SEWER
UTILITY FACILITIES FOR VERONA WALK TOWN HOMES,
PHASE ONE - W/RELEASE OF THE UTILITIES
PERFORMANCE SECURITY
Item #16A6
FINAL ACCEPTANCE OF THE WATER FACILITY FOR NORTH
COLLIER HOSPITAL PARKING GARAGE - W /RELEASE OF
THE UTILITIES PERFORMANCE SECURITY
Item #16A7
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
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May 8, 2007
FACILITIES FOR CASTLEWOOD AT IMPERIAL
- W/RELEASE OF THE UTILITIES PERFORMANCE SECURITY
Item # 16A8
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR NAPLES WALK, PHASE 3 - W/RELEASE OF THE
UTILITIES PERFORMANCE SECURITY
Item # 16A9
AN IMP ACT FEE REIMBURSEMENT FOR REDLANDS
CHRISTIAN MIGRANT ASSOCIATION IMMOKALEE
COMMUNITY CHARTER SCHOOL, TOTALING $40,187.76,
FOR BUILDING PERMIT NUMBER 2005-123589 IN
ACCORDANCE WITH SECTION l002.33(18)(D), FLORIDA
STATUTES, WHICH PROVIDES AN EXEMPTION FROM THE
ASSESSMENT OF IMPACT FEES FOR CHARTER SCHOOL
FACILITIES
Item #16A10
RESOLUTION 2007-108: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF INDEPENDENCE PHASE ONE. THE
ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE
PRIV A TEL Y MAINTAINED (CORRECTED EXECUTIVE
SUMMARY: ROADS ARE PLATTED AS PUBLIC)
Item #16B1
A BUDGET AMENDMENT FOR THE TRANSFER OF FUNDS
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May 8, 2007
TO PROJECT #66066. THE FUNDS ARE FOR THE
EV ALUA TION OF THE EXISTING CONDITIONS OF FIVE
BRIDGES IN COLLIER COUNTY CLASSIFIED BY THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
BRIDGE INSPECTION PROGRAM AS STRUCTURALL Y
DEFICIENT AND TO MAKE RECOMMENDATIONS FOR
IMMEDIATE ACTION SUCH AS REP AIRlREHABILIT A TION,
OR REPLACEMENT. FISCAL IMP ACT ($250,000.00) - THE
FIVE MOST CRITICAL BEING: CHOKOLOSKEE CAUSEW A Y
BRIDGE, CR 846 OVER A DRAINAGE CANAL, CR 858 OVER A
DRAINAGE CANAL, CR 92 OVER THE MARCO CHANNEL,
AND WHITE BOULEVARD OVER THE GOLDEN GATE MAIN
CANAL
Item #16B2
A DCA BETWEEN CALUSA PINES AND COLLIER COUNTY
FOR ROW AND CORNER OF TREE FARM ROAD AND
WOODCREST ROAD - DEVELOPER AGREED TO DONATE
AN ADDITIONAL 0.32 ACRES, VALUED AT $50,000
Item #16B3 - Moved to Item #10G
Item #16B4 - Moved to Item #10H
Item #16C1
AN AGREEMENT WITH FLORIDA INTERNATIONAL
UNIVERSITY (FlU) TO ASSESS THE QUALITY OF
SEDIMENTS IN COLLIER COUNTY IN THE AMOUNT OF
$95,453.60 - TO MONITOR THE IMP ACT OF HUMAN
POLLUTANTS
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May 8, 2007
Item # 16C2
FUNDING FOR SIX SOUTH FLORIDA WATER MANAGEMENT
DISTRICT AL TERNA TIVE WATER SUPPLY GRANTS IN THE
TOTAL AMOUNT OF $5,903,296 FOR THE PARTIAL FUNDING
FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE
COUNTY'S PUBLIC WATER SUPPL Y SYSTEM
Item #16D1
ADOPTION OF THE NAME "BIG CORKSCREW ISLAND
REGIONAL PARK" FOR THE PLANNED REGIONAL PARK AT
NORTHEAST UTILITY FACILITY A.K.A. ORANGETREE PARK
Item #16D2
A LIEN AGREEMENT WITH ENRIQUE AND FAUSTA
ANTUNEZ (OWNERS) FOR DEFERRAL OF 100% OF COLLIER
COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED
AFFORDABLE HOUSING UNIT LOCATED AT LOT 195 TRAIL
RIDGE - LOCATED IN THE HABITAT FOR HUMANITY TRAIL
RIDGE SUBDIVISION
Item #16D3
A LIEN AGREEMENT WITH ROGER GUTIERREZ AND SARA
LLORCA (OWNERS) FOR DEFERRAL OF 100% OF COLLIER
COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED
AFFORDABLE HOUSING UNIT LOCATED AT LOT 91 TRAIL
RIDGE - LOCATED IN THE HABITAT FOR HUMANITY TRAIL
RIDGE SUBDIVISION
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May 8, 2007
Item # 16D4
A LIEN AGREEMENT WITH COLBERT NICOLAS (OWNER)
FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT
FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING
UNIT LOCATED AT LOT 152 TRAIL RIDGE IN NAPLES -
LOCATED IN THE HABIT A T FOR HUMANITY TRAIL RIDGE
SUBDIVISION
Item #16D5
ACCEPTANCE OF THE CORRECTIVE ACTION PLAN
PROVIDED BY THE STAFF OF THE HOUSING AND HUMAN
SERVICES DEPARTMENT, FOLLOWING THE 2006 AUDIT
PERFORMED BY KPMG - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item # 16D6
RESOLUTION 2007-109: U. S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) REQUESTED CHANGES
TO THE EXISTING COLLIER COUNTY AND THE CITY OF
MARCO ISLAND URBAN COUNTY COOPERATION
AGREEMENT FOR THE ADMINISTRATION OF THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM AND SUBMIT THE REVISED AGREEMENT TO
HUD
Item # 16D7
RESOLUTION 2007-110: U. S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) REQUESTED CHANGES
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May 8, 2007
TO THE EXISTING COLLIER COUNTY AND THE CITY OF
NAPLES URBAN COUNTY COOPERATION AGREEMENT FOR
THE ADMINISTRATION OF THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND
SUBMIT THE REVISED AGREEMENT TO HUD
Item #16E1
REPORT AND RATIFY PROPERTY, CASUALTY, WORKERS'
COMPENSATION AND SUBROGATION CLAIMS SETTLED
AND/OR CLOSED BY THE RISK MANAGEMENT DIRECTOR
PURSUANT TO RESOLUTION # 2004-l5 FOR THE SECOND
QUARTER OF FY 07 - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item # 16E2
A BUDGET AMENDMENT TO INCREASE THE FY07 FLEET
MANAGEMENT FUND (521) OPERATING BUDGET
EXPENDITURES AND ASSOCIATED REVENUES BY $530,000
- TO COVER REPAIR PARTS AND SERVICE REQUIREMENTS
Item # 16E3
CHANGE #12 TO CONTRACT # 00-3173, DESIGN OF THE
COURTHOUSE ANNEX WITH SPILUS CANDELA DMJM, TO
RE-CONFIGURE THE DESIGN OF THE SECOND AND THIRD
FLOORS OF THE NEW COURTHOUSE ANNEX (PROJECT NO.
52533) TO ACCOMMODATE THE CURRENT, PLANNED
OCCUPANCY
Item #16E4
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May 8, 2007
ST AFF-APPROVED CHANGE ORDERS AND CHANGES TO
WORK ORDERS TO BOARD-APPROVED CONTRACTS - AS
DETAILED IN THE EXECUTIVE SUMMARY FOR THE PERIOD
MARCH 21, 2007 THROUGH APRIL 17,2007
Item #16E5
CONVEYANCE OF EASEMENTS TO FLORIDA POWER &
LIGHT COMPANY, COMCAST AND EMBARQ FOR
PROVIDING UTILITY SERVICES TO THE EXPANSION OF
THE GOLDEN GATE LIBRARY AT 2432 LUCERNE ROAD, AT
A COST NOT TO EXCEED $55.50, PROJECT #54261-1
Item # 16E6
RESOLUTION 2007-111: SUPPORTING H.R. 1023 AND S. 777
REPEALING THE IMPOSITION OF WITHHOLDING ON
CERTAIN PAYMENTS MADE TO VENDORS BY
GOVERNMENT ENTITIES IMPOSED BY SECTION 511 OF THE
FEDERAL TAX INCREASE PREVENTION AND
RECONCILIATION ACT OF 2005 - TO COLLECT UNDER-
REPORTED TAX REVENUES AND INCREASE TAX
COMPLIANCE
Item #16F1
FOUR LICENSE AGREEMENTS FOR USE OF W AL-MARTS'
PARKING LOTS TO BE USED FOR DISASTER RELIEF
SUPPLIES TO THE PUBLIC - TO DISBURSE RELIEF SUPPLIES
IN THE AFTERMATH OF A DISASTER
Item # 16F2
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May 8, 2007
A BUDGET AMENDMENT TO INCREASE FUNDS TO THE
MEDICAL EXAMINER'S OFFICE IN SUPPORT OF INCREASED
POWER DEMAND FOR RENOVATIONS TO ODOR CONTROL
AND AIR HANDLING SYSTEMS IN THE EXAMINATION
SUITES. ($42,000)
Item # 16F3
A MEMORANDUM OF UNDERSTANDING FOR COUNTY
EMERGENCIES BETWEEN COLLIER COUNTY AND
CATHOLIC CHARITIES OF COLLIER COUNTY - TO
COORDINATE RELIEF EFFORTS DUE TO A DISASTER
Item #16F4
THE RENEWAL OF A TWO-YEAR CONTRACT WITH
HEAL THSTREAM, INC. TO PROVIDE DISTANCE LEARNING
SOFTWARE FOR COLLIER COUNTY EMERGENCY MEDICAL
SERVICES AT A COST OF $36,400 PER YEAR FOR A TOTAL
OF $72,800
Item #16F5
AMENDING THE COLLIER COUNTY GOVERNMENT DEBT
MANAGEMENT POLICY - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16Hl
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING THE CLEVELAND CLUB "SPRING BREAK"
DINNER ON MARCH 25, 2007 AT THE CYPRESS WOODS
Page 183
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May 8, 2007
GOLF & COUNTRY CLUB; $25.00 TO BE PAID FROM
COMMISSIONER FIALA'S TRA VEL BUDGET
Item # 16H2
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
TO ATTEND THE FIFTH ANNUAL TOURISM WEEK AWARDS
CELEBRATION ON WEDNESDAY, MAY 16, 2007; $30.00
FUNDS TO BE PAID FROM COMMISSIONER FIALA'S
TRA VEL BUDGET - TO BE HELD AT THE RITZ-CARL TON
GOLF RESORT OF NAPLES
Item # 16H3
COMMISSIONER HALAS' REQUEST FOR REIMBURSEMENT
TO ATTEND THE 2007 PARADISE COAST TOURISM STAR
AWARDS AND 5TH ANNUAL COLLIER COUNTY TOURISM
WEEK CELEBRATION ON MA Y 16, 2007 AT THE RITZ-
CARLTON GOLF RESORT, NAPLES, FLORIDA. $30.00 TO BE
P AID FROM COMMISSIONER HALAS' TRA VEL BUDGET
Item #16H4
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING THE EAST NAPLES CIVIC ASSOCIATION
MONTHLY MEETING/LUNCHEON AT CARRABBA'S
RESTAURANT ON APRIL 19,2007; $21.00 TO BE PAID FROM
COMMISSIONER FIALA'S TRA VEL BUDGET
Item # 16H5
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
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May 8, 2007
FOR ATTENDING THE MARCO ISLAND KIWANIS ANNUAL
CRAB CLAW DINNER ON TUESDAY, APRIL 17,2007 AT THE
ISLES OF CAPRI COMMUNITY CENTER; $20.00 TO BE PAID
FROM COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16H6
PROCLAMATION DESIGNATING MAY 10, 2007 AS WORLD
LUPUS DAY TO INCREASE AWARENESS IN COMMUNITIES
WORLDWIDE OF THE DEBILITATING IMPACT OF LUPUS.
PROCLAMATION WAS MAILED TO MR. JOSHUA M. ESTRIN,
EXECUTIVE DIRECTOR OF THE LUPUS FOUNDATION OF
AMERICA
Item # 1611
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR
REFERRED:
THE FOLLOWING MISCELLANEOUS CORRESPONDENCE, AS
PRESENTED BY THE BOARD OF COUNTY COMMISSIONERS,
HAS BEEN DIRECTED TO THE VARIOUS DEPARTMENTS AS
INDICATED:
Page 185
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BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
May 8, 2007
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
A. Districts:
1. Heritaqe Greens Community Development District: Resolution 2006-
5 Designating Registered Agent and Office; Minutes of November 6,
2006; Agenda of November 6, 2006.
2. Verona Walk Community Development District: Proposed Budget for
FY 2007/2008.
3. Port of the Islands Community Improvement District: Minutes of
March 9, 2007; Agenda of March 9, 2007; Consent to Use Easement
Area.
4. Naples Heritaqe Community Development District: Minutes of
January 8, 2007; Agenda of January 8, 2007.
B. Minutes:
1. Collier County Planninq Commission: Agenda of May 3, 2007;
Minutes of March 15, 2007; Minutes of March 22, 2007; Minutes of
March 29, 2007; Agenda of April 5, 2007; Minutes of January 18,
2007; Minutes of February 1, 2007 Regular Session; Minutes of
February 1, 2007 Special Session; Minutes of February 15, 2007.
2. Bavshore/Gatewav Trianqle Community Redevelopment Advisorv
Board: Agenda of February 6, 2007; Minutes of February 6, 2007;
Agenda of February 6, 2007 Workshop; Minutes of February 6, 2007
Workshop.
3. Environmental Advisory Council: Agenda of April 4, 2007; Minutes of
March 7, 2007.
H:\DA T A \FRONT DESK - 2007\2007 Miscellaneous Correspondence\050807 _misc_corr.doc
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4. Collier County Library Advisory Board: Agenda of March 21, 2007;
Minutes of February 28, 2007.
5. Immokalee Beautification M.S.T.U. Advisory Committee: Agenda of
March 28, 2007.
6. Collier County Hispanic Affairs Advisory Board: Agenda of February
22, 2007 (Meeting Cancelled Due to Lack of Quorum; Minutes of
January 25, 2007; Agenda of January 25, 2007.
7. Vanderbilt Beach M.S.T.U. Advisory Committee: Agenda of April 5,
2007; Minutes of March 1, 2007; Minutes of March 22, 2007 Special
Meeting.
8. Golden Gate Community Center Advisory Committee: Agenda of
March 5, 2007; Minutes of March 5, 2007.
9. Lely Golf Estates Beautification M.S.T.U. Advisory Committee:
Agenda of April 19, 2007; Minutes of March 15, 2007.
10. Immokalee Master Plan and Visioninq Committee & Community
Redevelopment Aqency AdYisory Board/Enterprise Zone
Development Aqency:
a. Immokalee Local Redevelopment Advisory Board and
Immokalee Master Plan and Visioninq Committee: Agenda
of February 21, 2007; Minutes of February 21, 2007.
b. Enterprise Zone Development Aqency: Agenda of February
21, 2007; Minutes of February 21, 2007.
c. Immokalee Local Redevelopment Advisory Board: Agenda
of February 21, 2007; Minutes of February 21,2007.
11 . Conservation Collier Land Acquisition Advisory Committee: Agenda
of April 9, 2007.
12. Collier County Citizen's Corps Advisory Committee: Minutes of
March 21,2007; Agenda of March 21,2007.
H:\DA T A \FRONT DESK - 2007\2007 Miscellaneous Correspondence\050807 _misc_corr.doc
_.-.-- ---,_..-
13. Pelican Bay Services Division Board: Agenda of April 4, 2007;
Minutes of February 26, 2007; Minutes of March 7, 2007.
a. Budqet Committee: Minutes of February 21, 2007.
14. Emerqency Medical Services Advisory Council: Minutes of March 28,
2007.
15. Isles of Capri Fire/Rescue Advisory Board: Minutes of March 28,
2007.
16. Forest Lakes Roadway and Drainaqe M.S.T.U. Advisory Committee:
Minutes of March 22, 2007 Special Meeting; Agenda of April 11 ,
2007; Minutes of March 14, 2007.
17. Golden Gate M.S.T.U. Advisory Committee: Agenda of April 10,
2007; Minutes of March 13, 2007.
18. Radio Road Beautification M.S.T.U. Advisory Committee: Agenda of
April 17, 2007; Minutes of March 20,2007.
19. Collier County Public Vehicle Advisory Committee: Agenda of April 2,
2007.
H:\DA T A \FRONT DESK - 2007\2007 Miscellaneous Correspondence\050807 _mi sc_corr. doc
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May 8, 2007
Item #1611
DISBURSEMENTS FOR THE PERIOD OF APRIL 14,2007
THROUGH APRIL 20, 2007 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item # 16J2
DISBURSEMENTS FOR THE PERIOD OF APRIL 21, 2007
THROUGH APRIL 27, 2007 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16K1
AN OFFER OF JUDGMENT TO RESPONDENT, ROSE SOMOGI,
FOR PARCELS 123 AND 823 IN THE AMOUNT OF $39,000.00
IN THE LAWSUIT STYLED COLLIER COUNTY V. JOHN J.
Y AKLICH, ET AL., CASE NO. 03-2259-CA, GOLDEN GATE
PARKWAY PROJECT #60027 (FISCAL IMPACT: $34,101.00 IF
OFFER IS ACCEPTED) - FOR THE ACQUISITION OF
PROPERTY ACQUIRED BY AN ORDER OF TAKING
Item # 16K2
AN OFFER OF JUDGMENT IN THE AMOUNT OF $36,250.00 AS
TO PARCELS 806 & 706 IN THE LAWSUIT STYLED COLLIER
COUNTY V. JAMES M. BROWN, ET AL., CASE NO. 06-0525-
CA (SANTA BARBARA BLVD. PROJECT NO. 62081). (FISCAL
IMPACT IF ACCEPTED: $11,617.55) - NEEDED FOR THE
EXPANSION OF SANTABARBARA BOULEVARD FROM
GOLDEN GATE P ARKW A Y TO DA VIS BOULEVARD
Page 186
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May 8, 2007
Item #16K3
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$300,000.00 FOR THE ACQUISITION OF PARCEL 181 IN THE
LAWSUIT STYLED COLLIER COUNTY V. MARY LOU ADSIT,
ET AL., CASE NO. 04-0506-CA (V ANDERBIL T BEACH ROAD
PROJECT NO. 63051). FISCAL IMPACT: $150,550) - FOR THE
ACQUISITION OF PROPERTY ACQUIRED BY AN ORDER OF
TAKING
Item #17A
ORDINANCE 2007-43: AN ORDINANCE AMENDING COLLIER
COUNTY ORDINANCE NO. 78-56 AND COLLIER COUNTY
ORDINANCE NO. 87-16, AS AMENDED, AS CODIFIED IN
CHAPTER SIX OF THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES, BY AMENDING THE CURRENT
DEFINITIONS OF "ALCOHOLIC BEVERAGES" AND TO
SPECIFY THAT OPINION TESTIMONY IS V ALID AND
SUFFICIENT TO PROVE VIOLATIONS; PROVIDE FOR
CONFLICT AND SEVERABILITY, INCLUSION INTO THE
CODE OF LAWS AND ORDINANCES, AND EFFECTIVE DATE
Item #17B
RESOLUTION 2007-112: PETITION SE-2006-AR-9017, A
SCRIVENERS ERROR TO CORRECT RESOLUTION NUMBER
2005-353 FOR V A-2005-AR-7444, TERRY AND CHARLOTTE
RHODES, TO INCLUDE THE SECTION NUMBER IN THE
LEGAL DESCRIPTION. THE SUBJECT PROPERTY IS
LOCATED IN SECTION 20, TOWNSHIP 48 SOUTH, RANGE 27
EAST, COLLIER COUNTY, FLORIDA
Page 187
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May 8, 2007
Item #17C
RESOLUTION 2007-113: PETITION SE-2006-AR-9016, A
SCRIVENERS ERROR TO CORRECT APPROVED
RESOLUTION NUMBER 2005-401 FOR CU-2003-AR-3573,
INDEPENDENT HAITIAN CHURCH OF GOD, TO CORRECT
THE SECTION, TOWNSHIP AND RANGE NUMBERS IN THE
TITLE OF THE RESOLUTION. THE SUBJECT PROPERTY IS
LOCATED IN SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA
Item #17D
RESOLUTION 2007-114: PETITION A VPLAT-2006-AR-11255,
LOT 39, A VIANO AT NAPLES, TO DISCLAIM, RENOUNCE
AND VACATE THE COUNTY'S AND THE PUBLIC'S
INTEREST IN A PORTION OF A LAKE MAINTENANCE
EASEMENT IN THE REAR OF LOT 39, A VIANO AT NAPLES,
A SUBDIVISION AS RECORDED IN PLAT BOOK 43, PAGES 67
THROUGH 71 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, SITUATED IN SECTION 18, TOWNSHIP
49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
A
Item #17E
RESOLUTION 2007-115: SV-2006-AR-I0351 UNITY OF NAPLES
CHURCH, REPRESENTED BY DEBRA WILLIAMS, SR.
MINISTER OF UNITY OF NAPLES CHURCH, IS REQUESTING
A SIGN V ARIANCE FOR CODE ENFORCEMENT VIOLATIONS
OF AN OFF PREMISE SIGN THAT IS NOT LOCATED ON THE
Page 188
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May 8, 2007
PROPERTY. THE SUBJECT PROPERTY IS LOCATED AT 7100
DA VIS BOULEV ARD, IN SECTION 8, TOWNSHIP 50S, RANGE
26E, COLLIER COUNTY, FLORIDA
Item #17F
RESOLUTION 2007-116: A RESOLUTION AMENDING THE
WATER RESTRICTION SURCHARGE, SCHEDULE ONE OF
APPENDIX A OF THE COLLIER COUNTY ORDINANCE NO.
2006-27, TITLED COLLIER COUNTY WATER-SEWER
DISTRICT UNIFORM BILLING, OPERATING AND
REGULATORY STANDARDS ORDINANCE
Item #17G
RESOLUTION 2007-117: SE-2007-AR-11230 (WB), A
RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NO.
2000-189 TO CORRECT A SCRIVENER'S ERROR IN EXHIBIT
B, THE LEGAL DESCRIPTION FOR A PROJECT KNOWN AS
THE GOLF CLUB OF THE EVERGLADES
*******
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3:20 p.m.
Page 189
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May 8, 2007
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
~
JIM C E , airman
ATTEST:. l.
DWIGHfICBR~K, CLERK
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These minutes ap~ by the Board on
presented '\ or as corrected
wfl2-/D1-
, as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY
COURT REPORTING SERVICES, INe., BY TERRI
LEWIS.
Page 190