BCC Minutes 06/12/2007 R
June 12,2007
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, June 12,2007
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special district as has been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN:
Jim Coletta
Tom Henning
Frank Halas
Fred W. Coyle
Donna Fiala
ALSO PRESENT:
Jim Mudd, County Manager
David Weigel, County Attorney
Derek Johnssen, Office of the Clerk of Court
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
('Jl'l\ I 1/1,
.lilT, '11
r ( , II \1 ~
)/ ,,\
AGENDA
June 12,2007
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."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
Page 1
June 12, 2007
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1 :00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
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. May 8, 2007 - BCC/Regular Meeting
C. May 15,2007 - BCC/Charter Government Workshop with Productivity
Committee
D. May 22,2007 - BCC/Post-Legislative Workshop
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 10 Year Recipient
John Agnelli, Industrial Development Authority
B. 5 Year Recipients
1) Frank Donohue, Parks and Recreation Advisory Board
Page 2
June 12, 2007
2) Virginia Donovan, Forest Lakes Roadway & Drainage Advisory
Committee
3) Charles Gunther, Bayshore/Gateway Triangle Local Redevelopment
Advisory Board
4) Gerald Lefebvre, Collier County Code Enforcement Board
5) William Mears, Bayshore/Gateway Triangle Local Redevelopment
Advisory Board
6) Michael Sorrell, Environmental Advisory Council
4. PROCLAMATIONS
A. Proclamation designating May 21,2007 to May 25,2007 as Immokalee
Foundation Week. To be read and accepted by Mr. Ed Laudise, Executive
Director, the Immokalee Foundation. This item was already voted on at the
May 22, 2007 BCC meeting.
B. Proclamation designating the month of June as Home Ownership Month. To
be accepted by Ms. Marcy Krumbine, Director of Housing and Human
Services, Collier County.
5. PRESENTATIONS
A. Introduction of Congressman Mario Diaz-Balart's new aide.
B. Recommendation to recognize County staff members, Bert Miller, Jamie
French, Jay Kim, Richard Zyvoloski, Lindsey Dagnall, and Kenneth
Kovensky for being recognized by the Public Technology Institute and
awarded a first place technology solutions award for the use of innovative
Geographical Information Systems Technology in the County's Hurricane
Impact Assessment Mobile Application.
C. Contractor Presentation for South County Regional Water Treatment Plant
20-mgd Well field Expansion.
6. PUBLIC PETITIONS
Page 3
June 12, 2007
A. Public petition request by Tim Nance to discuss walkway connecting Palm
Crest Villas and Willoughby Park.
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item will be heard at 1:00 p.rn. Recommendation that the Board of
County Commissioners reviews, accepts and authorizes the Chairman to
sign a resolution declaring the attached inventory list of County owned real
property as surplus land in accordance with Florida Statutes 125.379 to be
sold and the proceeds used to develop affordable housing.
B. This item to be heard at 10:00 a.rn. This item requires that all participants be
sworn in and ex parte disclosure be provided by Commission members.
PUDZ-2006-AR-I0698: A. Grover Matheney, Trustee, represented by R.
Bruce Anderson esquire, of Roetzel & Andress, LP A and Margaret Perry,
AICP, of Wilson Miller, Inc., is requesting a rezone from Planned Unit
Development (PUD) to Commercial Planned Unit Development (CPUD) for
a project to be known as the Gaspar Station PUD. The subject property,
consisting of 17.7 acres, is located on the south side ofImmokalee Road (CR
846), approximately one quarter mile west of the 1- 75/Immokalee Road,
interchange, in Section 30, Township 48 South, Range 26 East, Collier
County, Florida.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Affordable Housing Commission.
B. Recommendation to declare a vacancy on the Parks and Recreation
Advisory Board.
C. Appointment of members to the Parks and Recreation Advisory Board.
D. Appointment of member to the Environmental Advisory Council.
E. Discussion and possible direction from Board of County Commissioners
regarding amending Advisory Board Ordinance 2001-55, as amended.
Page 4
June 12, 2007
(Commissioner Fred Coyle)
F. Appointment of Commissioners to serve on the Value Adjustment Board
and set the date for the organizational meeting.
G. This item to be heard at 11:45 a.rn. Resolution supporting the efforts of the
Judicial System to eliminate Identity Theft. (Commissioner Donna Fiala)
H. Request for reconsideration of Item 16B8 from the May 22, 2007 BCC
Meeting which read: Recommendation for the Board of County
Commissioners to direct the Road and Bridge Department of the
Transportation Division to spray herbicide on vegetation in the bottom of a
swale/canal/ditch that drains approximately 1000 acre basin that includes
The Boyne South PUD, a portion of US 41, and some agricultural property
north and south of US 41. ($2,500) (Commissioner Henning)
I. Appointment of members to the Fire Review Task Force.
J. Discussion regarding additional funding for possible travel to Tallahassee
and Washington regarding tax reform and federal appropriations.
(Commissioner Frank Halas)
K. Recommendation that the Board establish the process for the selection of a
County Attorney. (Commissioner James Coletta)
L. Appointment of member to the Collier County Coastal Advisory Committee.
10. COUNTY MANAGER'S REPORT
A. To update the annual economic incentive report presented to the BCC in the
Fall of 2006 (Joseph K. Schmitt, Administrator, Community Development &
Environmental Services, Division)
B. Recommendation to disapprove institution of an Ordinance to allow use of
golf carts on the County roadways of the Isles of Capri community. (Bob
Tipton, Traffic Operations Director)
C. Recommend the Board of County Commissioners consider a Course of
Action in Response to the Florida Department of Community Affairs
Statement ofIntent to Find a Portion of the EAR Based Growth
Page 5
June 12, 2007
Management Plan Amendments Not in Compliance. (Joseph K. Schmitt,
Administrator, Community Development & Environmental Services
Division)
D. This item continued from the May 22, 2007 BCC Meeting. Providing
requested information about potential for contributing $500,000 from
Conservation Collier funds to assist the City of Naples in building a trail and
bridge on City-owned land as part of the Gordon River Greenway. (Alex
Sulecki, Principal Environmental Specialist)
E. Request to Continue Growth Management Plan Amendment Petitions CP-
2005-3 and -4 from the 2005 Cycle of Plan Amendments to the 2006 Cycle.
(Joseph K. Schmitt, Administrator, Community Development)
F. This item was continued from the May 22, 2007 BCC Meeting. This item
requires that ex parte disclosure be provided by Commission Members.
Should a hearing be held on this item, all participants are required to be
sworn in. Recommendation to approve for recording the final plat of Silver
Lakes Phase Two-G.
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Recommendation to approve a proposed settlement relating to Parcel 132 in
the condemnation lawsuit styled Collier County v. Panther Key, LLC, et a!.,
Case No. 06-1456-CA (County Barn Road Project No. 6010 I). (Fiscal
Impact $746,050.00)
B. This item is a companion to Item #12A, Panther Key Proposed Settlement,
to be Considered if Settlement is Rejected. Recommendation to approve the
Offer of Judgment in the amount of $1 ,250,000 as to Parcel 132 in the
lawsuit styled CC v. Panther Key, LLC, et a!., Case No. 06-1456-CA
(County Barn Road Project No. 60101). (Fiscal Impact $505,300.00)
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
Page 6
June 12, 2007
A. This item to be heard at 3 :00 p.rn. Recommendation for the Collier County
Community Redevelopment Agency (CRA) to authorize the Bayshore
Gateway Triangle CRA Executive Director to negotiate a closing date
extension to a purchase contract for certain real property within the
Bayshore Gateway Triangle Community Redevelopment Agency and
authorize the CRA Chairman to sign the extension. (David Jackson,
Executive Director, Bayshore/Gateway Triangle CRA)
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water and sewer
utility facilities for Quail West, Phase 3, Unit 6
2) To accept final and unconditional conveyance of the water facility for
Royal Cove Plaza.
3) Recommendation to approve final acceptance of the sewer utility
facility for Royal Cove Plaza.
4) Recommendation to approve final acceptance of the water and sewer
utility facilities for Stratford Place Carriage Homes.
5) Recommendation to approve final acceptance of the water and sewer
utility facility for Stratford Place Townhomes.
6) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to approve
for recording the final plat of Marquesa Royale.
Page 7
June 12,2007
7) This item was continued from the May 22, 2007 BCC Meeting. This
item requires that ex parte disclosure be provided by Commission
Members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve for recording
the final plat of Silver Lakes Phase Two-G.
8) Recommendation that the Collier County Board of County
Commissioners approve a budget amendment of up to $13,488 from
FY07 Fund 186 adopted budget to cover a gap in salary for the
Immokalee Weed and Seed Coordinator position. (Companion item to
the Community Redevelopment Agency (CRA) approval of
expendi ture under 16G I)
B. TRANSPORTATION SERVICES
1) Recommendation to approve a Resolution to reduce the speed limit on
Collier Boulevard (CR 951) from the current speed limit of fifty-five
miles per hour (55 MPH) to fifty miles per hour (50 MPH) from 1500
ft north of Rattlesnake Hammock Road to 750 ft south of Lely
Cultural Boulevard.
2) To receive Board approval to accept an amendment to a funding
agreement with the South Florida Water Management District to share
in a portion of the construction cost of the Lely Area Stormwater
Improvement Project and to approve a budget amendment to
recognizing $395,000 of revenue appropriating same amount as an
expense into the project, Project # 5110 11.
3) To authorize the expenditure of $64,090 for a para-transit vehicle
through the Florida Department of Transportation procurement
process using a combination of$46,553 in Rural Capital Grant
reimbursement dollars, $17,000 in insurance reimbursements, and
$537 in local dollars from Fund 427 Project 314271; to accept the
Rural Capital Grant money and insurance reimbursements and
approve any necessary budget amendments; and to use the FY07
Florida Vehicle Procurement Program and waive the competitive
purchase process.
4) Recommendation to approve the purchase of three (3) para-transit
vehicles through the 5310 grant that only requires a 10% match
Page 8
June 12, 2007
through the County. ($26,185.70)
5) Recommendation to approve a change order in the amount of
$122,010.00 to CH2M Hill, Inc. amending contract #05-3774 Gordon
River Water Quality Park (Project No. 510185) Engineering Design
contract.
C. PUBLIC UTILITIES
1) Recommendation to approve a Change Order in the amount of
$217,000 for the electrical work at Pelican Bay Wastewater
Decommissioning plant and the associated Budget Amendment,
Project # 7250 I
2) Recommend to approve Change Order 2 to Agreement 06-3939 for
Program Management and Oversight Services with Malcolm Pirnie,
Inc., in the amount of$169,342 related to the Northeast Facility
Project # 75012.
D. PUBLIC SERVICES
1) Approve a limited use license agreement between the Board of
County Commissioners and the Naples Junior Chamber of Commerce,
Inc., approving use of specified county-owned property for
conducting a July 4th Fireworks Festival. ($25,000)
2) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Enrique
Galvan Ramirez and Ana M. Galvan (Owners) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 94 Independence, Phase II in Immokalee.
3) Recommendation to approve budget amendments in the amount of
$113,428 to ensure continuous funding of the Alzheimer's Disease
Initiative grant.
4) Recommendation to approve a budget amendment in the amount of
$7,099 to ensure continuous funding of the Home Care for the Elderly
grant.
Page 9
June 12, 2007
5) Recommendation to approve budget amendments in the amount of
$697,291 to ensure continuous funding of the Community Care for the
Elderly grant.
6) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Madeleine
Joseph (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 132,
Independence, Phase II.
7) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Dieuseul
& Marthe Mareus (Owners) for deferral of 100% of Collier County
impact fees for an owner-occupied affordable housing unit located at
Lot 87, Independence, Phase II.
8) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Lemoine
Moinius and Marie Moinius (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 8, Trail Ridge, Naples.
9) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Gaston
Duperrier and Marie Duperrier (Owners) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 5, Trail Ridge, Naples.
10) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Manasse
Fradeus and Martine Fradeus (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 141, Trail Ridge, Naples.
E. ADMINISTRATIVE SERVICES
1) Approval of a budget amendment to Fund 516, Property and Casualty
Insurance to finalize the payment of property insurance claims related
to Hurricane Wilma and to recognize corresponding reinsurance
Page 10
June 12, 2007
recoveries in the amount of$I,449,063.
2) Recommendation to approve a budget amendment to Fund 518,
Workers Compensation, in the amount of $24,400 to provide online
safety training to Collier County Staff.
3) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
4) Recommendation that the Board of County Commissioners recognize
a Memorandum of Understanding between the County, the Social
Security Administration and the Department of Homeland Security
instituting participation in their Employment Eligibility Verification
Program (EVV), Basic Pilot to verify information on newly hired
employees and to maintain compliance with Immigration law.
5) Recommendation to approve the addition of the classification Director
Coastal Management Programs to the 2007 Fiscal Year Pay and
Classification Plan.
F. COUNTY MANAGER
1) Recommend approval of Change Order #3 in the amount of $20,000
on Contract 05-3772 with Miles Media Group for Tourism
Department Web Site Modifications.
2) Recommendation to approve Memorandum of Understanding for
county emergencies between Collier County and Habitat for
Humanity of Collier County
3) Recommendation to approve Memorandum of Understanding for
county emergencies between Collier County and Veterans of Foreign
Wars Post 7721.
4) Recommendation to approve Memorandum of Understanding for
county emergencies between Collier County and Guadalupe Social
Services.
5) Recommendation to accept an awarded Community Foundation Grant
to help fund attendance of staff at the 2007 National Conference on
Page 11
June 12, 2007
Community Preparedness and the approval of necessary budget
amendments to recognize and appropriate revenue in the amount of
$1,762.00
6) Recommendation to approve Memorandum of Understanding for
county emergencies between Collier County and Mayflower
Congregational Church.
7) Recommendation to approve Memorandum of Understanding for
county emergencies between Collier County and Immokalee
Friendship House.
8) Recommendation to approve an Inter-local Agreement between
Collier County Board of County Commissioners and the Collier
County School District regarding disaster preparedness
responsibilities contained in Florida Statute 252
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation that the Community Redevelopment Agency (CRA)
approve the expenditure of up to $13,488 from FY07 Fund 186
adopted budget to cover a gap in salary for the Immokalee Weed and
Seed Coordinator position. (Companion item to the Board of County
Commissioners budget amendment approval under 16A8)
2) To approve and execute Site Improvement Grant Agreement(s)
between the Collier County Community Redevelopment Agency and
a Grant Applicant(s) within the Bayshore Gateway Triangle
Community Redevelopment area. ($8,000)
3) Recommendation for the Community Redevelopment Agency to
approve the purchase of a residential (mobile home) lot and trailer in
the Bayshore area of the CRA as part of a CRA residential infill
project; to approve payment from and authorize the CRA Chairman to
make a draw from the Bayshore Gateway Triangle CRA Wachovia
Bank Line of Credit in the amount of $90,000 plus cost and expenses
to complete the sale of subject property; and approve any and all
necessary budget amendments. Site address: 3991 New Moon Court
Page 12
June 12, 2007
($90,000).
4) Recommendation for the Community Redevelopment Agency to
approve the purchase of a residential (mobile home) lot and trailer in
the Bayshore area of the CRA as part of a CRA residential infill
project; to approve payment from and authorize the CRA Chairman to
make a draw from the Bayshore Gateway Triangle CRA Wachovia
Bank Line of Credit in the amount of$90,000 plus cost and expenses
to complete the sale of subject property; and approve any and all
necessary budget amendments. Site address: 3962 Harvest Court
($90,000).
5) Recommendation from the Collier County Airport Authority that the
Board of Commissions of Collier County accept a grant offer from the
Florida Airports Council (F AC) and authorize its Chairman to execute
the grant agreement in the amount of$5,000, and approve all
necessary budget amendments. This grant is to provide wages, living
assistance and/or transportation expenses for one (1) intern during the
summer of 2007 at the Marco Island Executive Airport. This grant
does not require matching funds.
6) Recommendation to accept a grant offer from the Florida Airports
Council (F AC) and authorize the Boards Chairman to execute the
grant agreement in the amount of$5,000 and approve all necessary
budget amendments. This grant is to provide wages, living assistance
and/or transportation expenses for one (1) intern during the summer of
2007 at the Immokalee Regional Airport. This grant does not require
matching funds.
7) Recommendation from the Collier County Airport Authority that
pursuant to Section 125.38, Florida Statutes, the Board of County
Commissioners approve and authorize its Chairman to execute the
attached Resolution and authorize the Authority's Executive Director
to negotiate, and bring back to the Board for its approval, an agreed-
upon twenty-five (25) year sub-lease agreement with the Florida
Army National Guard to sub-lease a twenty-five (25) acre parcel of
land at the Immokalee Regional Airport on which the National Guard
will construct its Readiness Center (National Guard Armory).
Page 13
June 12,2007
8) Approve a budget amendment for $208,000 to increase revenues and
expenses for the sale and purchase of aviation fuel at the Marco Island
Executive Airport and the Immokalee Regional Airport.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Henning requests Board approval for payment to
attend a function serving a valid public purpose. Commissioner
Henning attended 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, FL. $30.00 to be paid
from Commissioner Henning's travel budget.
2) Commissioner Henning requests Board approval for payment to
attend a function serving a valid public purpose. Commissioner
Henning attended The French Legion of Honor/Collier County
Veterans Council award ceremony and luncheon on June 6, 2007 at
The Hilton Naples, Naples, FL. $29.00 to be paid from Commissioner
Henning's travel budget.
3) Proclamation designating June 29 - July 5, 2007 as National Clean
Beaches Week. To be mailed to Mr. Walter McLeod, Board of
Directors and Advisors, Clean Beaches Council, Washington, D.C.
4) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Economic Development Council luncheon at Florida
Gulf Coast University on May 24, 2007. $31.00 to be paid from
Commissioner Halas' travel budget.
5) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Economic Development Council Eastern Collier County
Industry and Opportunity Tour on May 30, 2007. $20.00 to be paid
from Commissioner Halas' travel budget.
6) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the Physician Led Access Network (PLAN)
of Collier County's Annual Board Meeting and Dinner on May 14,
Page 14
June 12, 2007
2007 and is requesting reimbursement in the amount of$25.00, to be
paid from his travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) To file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommend that the Board of County Commissioners serve as the
Local Coordinating Unit of Government for the United States
Department of Justice COPS Secure Our Schools (SOS) 2007 Grant
Program.
2) To obtain board approval for disbursements for the period of May 12,
2007 through May 18, 2007 and for submission into the official
records of the board.
3) To obtain board approval for disbursements for the period of May 19,
2007 through May 25, 2007 and for submission into the official
records of the board.
4) To obtain board approval for disbursements for the period of May 26,
2007 through June 01, 2007 and for submission into the official
records ofthe board.
5) To Present to the Board of County Commissioners the State Revenue
Sharing Application for Fiscal Year 20072008 and to Obtain Board
Approval for the Chairman to Sign the Application.
6) Recommend that the Board of County Commissioners approve a
document for Eleventh Year State Criminal Alien Assistance Program
(SCAAP) Grant Funds.
K. COUNTY ATTORNEY
1) Recommendation to Approve a Stipulated Final Judgment for Parcel
112 in the Amount of$165,000 in the Lawsuit Styled Collier County
v. The Shores At Berkshire Lakes Master Homeowners Association,
Inc., et aI, Case No. 06-0828-CA (Santa Barbara Boulevard Project
Page 15
June 12, 2007
No. 62081). (Fiscal Impact: $17,200.00)
2) Recommendation to Approve an Agreed Order Awarding Expert Fees
and Costs Relating to Parcel No. 178 in the Case Styled Collier
County v. Teodoro Gimenez, et a!., Case No. 04-0561-CA (Vanderbilt
Beach Road Project #63051) (Fiscal Impact: $56,000.00).
3) Recommendation to Approve a Stipulated Final Judgment for Parcels
858 and 958 in the Amount of$19,300.00 in the Lawsuit Styled Board
of County Commissioners of Collier County v. Grand Cypress
Communities, et aI., Case No. 05-1053-CA, South County Regional
Water Treatment Wellfield Project #70892. (Fiscal Impact: $650.00).
4) Recommendation to Authorize the Making of a Second Offer of
Judgment to Respondents, Duffield W. Matson, III and Sarah Matson,
for Parcels 717R, 917, 718R and 918R in the Amount of$31 ,500.00
in the Lawsuit Styled Collier County v. Duffield W. Matson, III, et a!.,
Case No. 05-1054-CA, South County Regional Water Treatment
Well field Project #70892. (Fiscal Impact: $16,350.00 if offer is
accepted).
5) Recommendation to approve a Stipulated Final Judgment as to Parcels
716,816,916,814 and 914 in the amount of$93,340 in the lawsuit
styled Collier County v. Centrex Corp., Ltd., et aI., Case No. 05-1129-
CA (South County Regional Water Treatment Well field Project
#70892). (Fiscal Impact: $38,990).
6) Recommendation to approve a Stipulated Final Judgment as to Parcels
815 and 915 in the amount of$33,890 in the lawsuit styled Collier
County v. Colonnade on Collier Blvd. LLC., et aI., Case No. 05-1091-
CA (South County Regional Water Treatment Well field Project
#70892). (Fiscal Impact: $37,871.70).
7) Recommendation to Approve an Agreed Order Awarding Expert Fees
and Costs Relating to Parcel No. 134 in the Case Styled Collier
County v. TreeSource, Inc., et a!., Case No. 02-5167-CA (Immokalee
Road Project #60018) (Fiscal Impact: $1,800.00).
8) Recommendation to approve a Stipulated Final Judgment for Parcel
No. 130 in the lawsuit styled Collier County v. Berean Baptist Church
Page 16
June 12, 2007
of Naples, Inc., et a!., Case No. 06-1254-CA (County Barn Road
Project No. 60101). (Fiscal Impact $58,337.25)
9) Request Authorization to Amend Collier County Ordinance No. 87-
60, as Amended, to Exempt from the County's Local Requirements,
but not from State of Florida Newly Enacted Statutory Requirements,
regarding Solicitation Activities Conducted in or Along Streets and
Roads by Organizations that are Exempt from Federal Income Taxes
under Section 501(c)(3) of the Internal Revenue Code and are Either
Registered as a Charitable Organization (or Sponsor) with Florida's
Department of Agriculture and Consumer Services, or are Statutorily
Exempt from such State Registration.
10) Request by the Collier County Industrial Development Authority for
approval of a resolution authorizing the Authority to reissue revenue
bonds issued in 2004 to finance educational facilities for Community
School of Naples, Inc.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. PUDA-2006-AR-I0916, PINE RIDGE
MIXED-USE CENTER MPUD, Michael R. Fernandez representing the
Grand Inn of Naples, Inc., requesting to have the Collier County Planning
Commission (CCPC) consider an application to rezone the subject site from
the Planned Unit Development (PUD) zoning district to the Mixed Use
Planned Unit Development (MPUD) zoning district for a project to be
known as Pine Ridge Mixed Use Center MPUD. The amendment to the
Page 17
June 12, 2007
approved MPUD Document proposes to add 24,000 square feet of
commercial use, add General Office as a permitted use, eliminate Restaurant
as a permitted use, and include revisions to the development standards.
B. This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. Recommendation to approve Petition
A VPLAT-2007-AR-11576, Lipari-Ponziane, to disclaim, renounce and
vacate the Countys and the Publics interest in a County Utility Easement
encumbering Tract FD-l, Lipari-Ponziane, a subdivision as recorded in Plat
Book 47, Pages 80 through 89 of the Public Records of Collier County,
Florida, situated in Section 31, Township 50 South, Range 26 East, Collier
County, Florida, and being more particularly described in Exhibit A
C. This item has been continued from the May 22, 2007 BCC Meeting. This
item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. Petition: CU-2006-AR-9458, Silver
Strand III Partnership, represented by George L. Varnadoe, Esquire, of
Cheffy, Passidomo, Wilson & Johnson, LLP and Fred Reischl, AICP, of
Agnoli, Barber & Brundage, Inc., requesting a conditional use for Rinker
Concrete Plant at Silver Strand in the Rural Agricultural with an Mobile
Home Overlay (A-MHO) Zoning District. The subject property, consisting
of 14.74 acres, is located approximately 1,300 feet south of Stockade Road
on the east side ofImmokalee Road (CR 846), in Section 15, Township 47
South, Range 29 East, Immokalee, Collier County, Florida.
D. This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. Petition: PUDZ-2005-AR-7588, Richard
Evans, represented by Tim Hancock, of Davidson Engineering Inc.,
requesting a rezone from Rural Agriculture A zoning district to Commercial
Planned Unit Development CPUD, to be known as Evans CPUD, by
creating a PUD Document and Master Plan, proposing medical and
professional offices and non-commercial indoor storage by occupants of the
building(s), with a maximum of 52,000 square feet. The subject property,
consisting of6.0 acres, is located west of Livingston Road and south of Pine
Ridge Road at 12745 Livingston Road in Section 13, Township 49, Range
25 East, Collier County, Florida.
E. This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. HD-2006-AR-10449 Marie Barnett, of
M. Barnett Design, representing Siegfried and Irene Fascher, is submitting a
Page 18
June 12,2007
Historic Designation for 11219 Keewaydin Island as a historically
significant structure for property located on the south 100 feet of north 500
feet oflots 1 and 2, South Naples Shores, sections 23 and 24, Township 51
South, Range 25 East, Collier County, Florida
F. Approve an Amendment to Ordinance No. 84-37, as amended, also known
as the Collier County Code of Laws and Ordinances, Chapter 38, Article III
pertaining to Post Disaster Recovery and Reconstruction Management.
G. Recommendation that the Board of County Commissioners adopt an
Ordinance to amend Collier County Ordinance No. 75-16, as amended, for
the purpose of revising and clarifying the time, place, and conduct of
meetings of the Board of County Commissioners, the procedure for
scheduling and the consideration of items of business of the Board of
County Commissioners on the agenda, the procedure for addressing the
Board of County Commissioners at the meeting, and the procedures for the
reconsideration of matters by the Board of County Commissioners.
H. Petition: PUDZ-2005-AR-8379 (MD) Home Dynamics of Naples, LLC,
represented by Robert Duane, AICP, of Hole Montes, Inc., is requesting a
rezone from the Agricultural (A) zoning district to the Residential Planned
Unit Development (RPUD) zoning district for project to be known as
Boxwood RPUD. The subject property consisting of 29.69 acres, with a
maximum of207 residential dwelling units of which 20 percent of the total
number of units will be for Affordable-Workforce Housing, is located at
14290 14300 Collier Boulevard, Section 35, Township 48 South, Range 26
East, Collier County, Florida. This item requires that all participants be
sworn in and ex parte disclosure be provided by Commission members.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 19
June 12, 2007
June 12, 2007
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, you have a hot mike.
CHAIRMAN COLETTA: Thank you, Mr. Mudd.
Ladies and gentlemen, welcome to the June 12th Collier County
Board of Commissioner meeting. At this point in time I'm going to
ask you to stand. The invocation will be performed by Reverend
Robert Hinkley -- Hinkling from the East Naples United Methodist
Church.
REVEREND HINKLING: Good morning, all. Let us be in an
attitude of prayer.
We thank you, Lord, for this wonderful community, for the state
of the nation in which we reside. We are so wonderfully blessed.
Forgive us for taking it all too much for granted.
We lift up this day these counselors assembled here to do the
county's business. We pray that you'll grant them the discernment to
sense the will of the people and the wisdom to always do what is right,
perhaps even favor in the minority viewpoint at times.
We pray, our Lord, for those who are new appointments this day,
for those who serve in all the capacities as officers of the safety and
protection and the public services and the support staff for all.
May we all exemplify what noble service and virtue in leadership
equity and policy mean as we serve both yourself and the community.
We do pray for rain to end drought with the absence of
destructive storms as well as the health and the welfare of all of our
citizens. Amen.
CHAIRMAN COLETTA: Commissioner Halas, would you lead
us.
COMMISSIONER HALAS: Yes.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN COLETTA: Mr. Mudd, would you walk us
through the change sheet, please.
Page 2
June 12,2007
Item #2A
APPROVAL OF TODA Y'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED - APPROVED AND/OR
ADOPTED W /CHANGES
MR. MUDD: Yes, sir. Agenda changes, Board of County
Commissioners' meeting, June 12,2007.
Item 8A is continued to the June 26, 2007, BCC meeting. That
was the recommendation that the Board of County Commissioners
reviews, accepts, and authorizes the chairman to sign a resolution
declaring the attached inventory list of Collier-owned real property as
surplus land in accordance with Florida Statutes 125.379, to be sold
and the proceeds used to develop affordable housing. That item is
being asked to be continued at staffs request.
Next item is item 8B. It's continued to October 23,2007, BCC
meeting. This item requires that all participants be sworn in and ex
parte disclosure be provided by commission members. It's
PUDZ-2006-AR-10698: A. Grover Matheney, trustee, represented by
R. Bruce Anderson, Esquire, of Roetzel & Andress, LP A, and
Margaret Perry, AICP of Wilson Miller, Inc., is requesting a rezone
from planned unit development, PUD, to commercial planned unit
development, CPUD, for a project to be known as the Gaspar Station
PUD.
Subject property consists of 17.7 acres, is located on the south
side of Immokalee Road, County Road 846, approximately
one-quarter mile west of the 1-7 5/Immokalee Road interchange in
Section 30, Township 48 south, Range 26 east, Collier County,
Florida. That item is being continued to October 23,2007, at the
petitioner's request.
Next item is item 9H. Commissioner Henning withdraws
reconsideration of this item, instead it's for the Board of County
Page 3
June 12, 2007
Commissioners to discuss and clarify the stormwater funding policy
for the capital improvement program adopted on June 22, 2004, and
that item is at Commissioner Henning's request.
Next item is to move item 16A7 to lOF. This item was continued
from the May 22, 2007, BCC meeting. This item requires that ex
parte disclosure be provided by commission members. Should a
hearing be held on this item, all participants are required to be sworn
m.
It's a recommendation to approve for recording the final plat of
Silver Lakes, Phase Two-G. That item is being moved at
Commissioner Fiala's request.
Next item is to withdraw item 16D2. It's a recommendation that
the Board of County Commissioners authorize -- approves and
authorize the chairman to sign a lien agreement with Enrique Galvan
Ramirez and Ana M. Galvan, owners, of a deferral of 100 percent of
Collier County impact fees for an owner occupied affordable housing
unit located at Lot 94 Independence, Phase II, in Immokalee. That
item is being withdrawn at staffs request.
Next item is item 17C. Additional backup information relating to
this item has been distributed and made available for review, and that
basically was a memo from Mr. Casalanguida to me basically talking
about the improvements for the Richter (sic) Concrete zoning action.
The next item is item 17D. That's an ordinance relating to this
item was omitted from the agenda packet. Copies have been
distributed and made available for review. And that correction's at
staffs request.
The next item is item 17G. Paragraph 7B of the draft ordinance
is to read: B, requests for reconsideration by petitioner. A request for
reconsideration may be made only by the petitioner. The petitioner,
strike through shall, may request reconsideration of a petition in
writing to county manager, and that correction is at staffs request.
Next item is to move item 17H to 8C. This item to be heard at 10
Page 4
June 12, 2007
a.m. This item requires that all participants be sworn in and ex parte
disclosure be provided by commission members.
It's petition PUD-2005-AR-8379 (MD) Home Dynamics of
Naples, LLC, represented by Robert Duane, AICP, of Hole Montes,
Inc., is requesting a rezone from the agricultural A zoning district to
the residential planned unit development, RPUD, zoning district for a
project to be known as the Boxwood RPUD.
The subject property consisting of29.69 acres with a maximum
of 207 residential dwelling units of which 20 percent of the total
number of units will be affordable/workforce housing is located at
14290 14 -- excuse me -- 14 -- is located at 14290 and 14300 Collier
Boulevard, Section 35, Township 48 south, Range 26 east, Collier
County, Florida. The item is being moved at Commissioner Coyle's
request.
You have a couple of time certain items today, Commissioners.
First is item 9G to be heard at 11 :45 a.m. It's a resolution supporting
the efforts of the judicial system to eliminate identity theft. The item is
asked for by Commissioner Fiala.
Next item is item lOA to be heard after one p.m. to update the
annual economic incentive report presented to the BCC in the fall of
2006.
Next item is item 14A to be heard at three p.m. The executive
summary and the backup material incorrectly stated four p.m. The
recommendation -- it is a recommendation for the Collier County
Community Redevelopment Agency, CRA, to authorize the Bayshore
Gateway Triangle CRA executive director to negotiate a closing date
extension purchase contract for certain real property within the
Bayshore Gateway Triangle Community Redevelopment Agency and
authorize the CRA chairman to sign the extension.
David Jackson, the executive director, will present that item.
Again, it is at three p.m., not four p.m.
And I did mention today that 17H, which Commissioner Coyle
Page 5
June 12,2007
asked for, to be 8C, will be heard at 10 a.m.
That's all I have, Mr. Chairman.
COMMISSIONER COYLE: Mr. Chairman, could I please
address that issue --
CHAIRMAN COLETTA: You certainly may, sir.
COMMISSIONER COYLE: -- about moving item 17H to 18C
(sic). I did it for primarily one reason, and if the other commissioners
don't have a problem with it, we can leave it on the summary agenda.
But let me briefly explain the reason I pulled it.
It is a petition to provide some affordable housing in return for
affordable housing density. Briefly, 42 affordable housing -- gap and
affordable housing units are going to be provided, provided we give
density bonuses to permit them to build 46 at-market units -- 46
additional at-market units.
There was a discussion on the commission some time ago that we
were, perhaps, giving too many density bonuses in order to encourage
the development of affordable housing, and I thought that I would
bring this up because it was always my -- excuse me -- my expectation
that when someone presented a request for density bonuses for
affordable housing, that they would also provide some economic
justification for those density bonuses with respect to the number of
affordable housing units they were providing.
And I know this is coming on short notice for the petitioner, and
they, of course, don't have such financial analysis at the present time.
But the -- if the commissioners are not concerned about it, I would be
happy to leave it on the summary agenda because of the small number
of units that we're talking about. But I would like to establish the
procedure that a financial analysis would be required in order to
justify density credits in the future. It addresses an issue
Commissioner Fiala raised a couple of months ago.
COMMISSIONER FIALA: Right, yes.
CHAIRMAN COLETTA: Commissioner Fiala?
Page 6
June 12,2007
COMMISSIONER FIALA: Yes. And that is a big concern of
mine, and I spoke to staff about it, too. I realize it's a small amount,
but I also think, being that we've discussed it -- and we all agreed
we're giving far more as far as density bonuses go, than we need to do
-- I think it would establish a precedent, and maybe we should be
discussing it today.
COMMISSIONER HALAS: Okay. Then in that case, can I
propose -- in fairness to the petitioner, and subject to the petitioner's
approval, could I suggest that this be continued because they don't
have that information available today? And it's understandable
because they just got notification yesterday.
CHAIRMAN COLETTA: I'll second your motion just to be able
to keep --
COMMISSIONER COYLE: And we might want to verify with
the petitioner to see if that is acceptable to them.
CHAIRMAN COLETTA: Okay. Then Commissioner Halas
would be next. But wait, hold on, sir. Let's hear from the petitioner.
Just indicate if it's acceptable or not?
MR. YOV ANOVICH: Well, it would be my hope that we can
make this a perspective policy that will provide financial information
in the future, but if it's something that you need specific to this
petition, if we can have a continuance until June 26th, which would be
your next meeting agenda, we can provide whatever information you
think you need to analyze whether or not to grant the bonus.
But, again, if it could be something that's perspective so it applies
to all petitioners, I would prefer that instead of it having to be applied
kind of retroactively to this specific petition. But certainly any future
petitioner, we could provide that information, if that's -- I'd hate to see
this one pulled. We're so far along in the process. But if it has to be
pulled, can we have a continuance to June 26th?
CHAIRMAN COLETTA: Commissioner Coyle, the next
meeting?
Page 7
June 12, 2007
COMMISSIONER COYLE: That would be fine with me.
CHAIRMAN COLETTA: Okay. With the second also.
Commissioner Halas?
COMMISSIONER HALAS: I have some concerns in future
items that come before us where we're giving huge density bonuses for
additional at-market units.
We've worked very, very hard in this county to make sure that
we have adequate concurrency for roads, and we all realize that
affordable housing is a big issue.
But I'm concerned possibly with the amount of density bonuses
that we're giving here, especially when it gets into gap housing. I
think the density bonuses relate to stuff that's 60 to 80 percent of the
market value that people are trying to get into.
But when we get up to gap housing and that's up to 150 percent, I
have some real concerns about the amount of density bonuses that
we're offering at that point in time. At the time it sounded good. But
when we look at the analysis of this whole thing, I think that we're
encouraging huge amounts of density, and we think that we may have
to revisit this.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: I totally agree. That's why I brought
it up in the first place because I felt that we were giving enormous
amounts of density bonuses, and we were getting very little in return
in the affordable housing aspect.
On top of that right now, as we know, in Tallahassee they're
trying to clip our wings as far as concurrency goes and as far as home
rule goes. So that means that concurrency will never step in if they
have their way, and we're going to have huge amounts of density
bonuses on lands that then the roads can't accommodate, that is really
a scary situation.
CHAIRMAN COLETTA: And while we're talking about
affordable housing, one of the issues that I hope this commission can
Page 8
June 12,2007
approach in the near future to be able to bring a resolution to it is the
donations as far as the developers that wish to donate for affordable
housing. Last meeting we turned down a donation that was made in
good faith.
But Mr. Weigel, where are we with that particular piece of
legislation, or ordinance rather?
MR. WEIGEL: Okay. Well, two things. One was a resolution
relating to donations that we were working with the clerk office with.
And at the last meeting, just prior to the meeting the clerk's office
indicated that they had some concerns but they're undefined. We did
not know what they were. We're still working through that with the
clerk in regard to donations generally.
The other project was the mitigation fee ordinance test project.
We were, you know, the lead pony in the state as it turns out on this.
And when it came before the board many weeks ago at this point, a
couple months, over two, three months ago, the further direction of the
board was to come back with an analysis in the community relating to
the affordable housing that was out there.
We've come back with, I'll call it a preliminary report, which was
not pursuant to our direction. or the outside counsel direction to the
consultant. They've come back and they are providing the report
revised pursuant to the direction so it's meaningful for you.
And for the moment I'll defer to Mr. Pettit to see if, in fact, we
may have it for the next board meeting, but I'm not positive about that.
MR. PETTIT: Commissioners, Mike Pettit, for the record.
I was told that that report would be coming on Monday, but I don't
have it. We will do our best to put it on the next board meeting if we
get it timely; otherwise, it may be July 24th.
And as far as the resolution, that will likely be July 24th because,
due to issues raised by the clerk and issues involved in the litigation
with the clerk, we need to review that a little further. But we will
bring it back on July 24th.
Page 9
June 12,2007
CHAIRMAN COLETTA: Well, I would hate to think that the
best interest of the public might be put aside because of a possible --
because of the court case we have with the clerk and that they're using
this as a reason to, what, get back at the commission? I'm not too sure
how to word it, but I'm not comfortable with the situation.
Well -- and I think we've belabored this enough. I want to get on
with the meeting. We have a motion by Commissioner Coyle, second
by myself, Commissioner Coletta, to move the agenda item to the next
agenda on the 26th, correct?
And 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.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it unanimously.
Now going back to the rest of the agenda. Oh, first we have to go
through -- first, the county attorney have anything to add before we go
through ex parte with the commissioners?
MR WEIGEL: Thank you, Mr. Chairman. Just one thing, and
it's not a change to the agenda but it's an addition to the record right
here, and the county attorney, I, pursuant to the government in the
sunshine law, and specifically section 286.011, subsection 8 of the
Florida Statutes, advising you of my desire to have a closed session
related to a strategy related to expenditures, litigation expenditures, in
the case of Board of County Commissioners versus Dwight Brock.
It's case number 06-1 056-CA. It's the -- again, it's the budget officer,
Page 10
June 12, 2007
fee officer case.
And we believe it's appropriate to at least request and advise you
today of the potential for the closed session hopefully at noontime on
the June 26th board meeting. If for any reason we determine that it's
not necessary, we'll let you know ahead of time. But at this point we'd
make that request.
CHAIRMAN COLETTA: Okay. Appreciate that.
MR. WEIGEL: Thank you. That's all.
CHAIRMAN COLETTA: Ex parte disclosures, starting with
Commissioner Coyle.
COMMISSIONER COYLE: Mr. Chairman, I have no
disclosures for the consent agenda, and for the summary agenda, I
have disclosures for item number 17 A. I have had meetings, I have
had correspondence and emails, have met with the agent for the
developer, and I have also received correspondence from a resident
who was opposed to an earlier form of this particular petition.
And I have no further ex parte disclosures concerning the
summary agenda, and I do not have any additional changes to the
agenda.
CHAIRMAN COLETTA: Thank you sir.
Commissioner Halas?
COMMISSIONER HALAS: Good morning. On the consent
agenda, on 16A6, I have no disclosures, 16A 7 has now been moved to
1 OF, and I'll just bring -- be brief on this. There was meetings and
emails on that particular item.
17 A, which is on the summary agenda, no disclosures. 17B, no
disclosures. 17C, I had telephone calls in regards to it. And 17D, no
disclosures. 17E, no disclosures.
And my understanding that 17H has been continued till the next
meeting, so I have no disclosures on that anyway.
Thank you very much. And I don't have any changes to today's
agenda.
Page 11
June 12, 2007
CHAIRMAN COLETTA: Okay. I have no additional changes
to the agenda, no disclosures to make on the consent agenda.
On the summary agenda, 17 A, correspondence and email; 17C,
meetings, correspondence, and email, and my file's up here complete
for anyone that wishes to see it, and that concludes it for myself.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. On the consent agenda, 17 --
I'm sorry, 16A6, I have no disclosures. 16A7, which is the Silver
Lakes, and we will be discussing later on, I'll just declare at that time.
I'm sure that we'll have to do that, right?
CHAIRMAN COLETTA: Yes, ma'am.
COMMISSIONER FIALA: Okay, fine. 17A, Pine Ridge
mixed-use center, I've had correspondence on that, and 17B, no
disclosure. 17C, which is the Silver Strand batch plant, I've spoken to
Blake Gable on that one on the phone. And let's see. No disclosure
on 17D and E. And 17H, of course, we'll be discussing at a future
time. Thank you.
CHAIRMAN COLETTA: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Mr. Chairman, I have no
disclosures on today's consent or summary agenda. I have nothing to
pull off the consent agenda.
I just have a question. The summary, the revised summary,
who's providing that, this --
MS. FILSON: I did.
COMMISSIONER HENNING: You -- well, thank you very
much. This is really great to follow during the board meeting and
very detailed. Thank you.
MS. FILSON: You're welcome.
CHAIRMAN COLETTA: What Commissioner Henning is
referring to is the sheet for the agenda with all the detailed notes on it
that have taken place, whether the item's been pulled, any changes to it
Page 12
June 12, 2007
and the time certain added to it or it's been continued, and it's a
tremendous aide for us to be able to work with.
And with that, do I hear a motion for approval of to day's regular,
consent, and summary agenda as amended?
COMMISSIONER HENNING: So moved.
COMMISSIONER HALAS: So moved.
COMMISSIONER HENNING: Second.
CHAIRMAN COLETTA: Okay. We have a motion by
Commissioner Halas, a second by Commissioner Henning.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it, 5-0.
Page 13
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
June 12. 2007
Item 8A continued to the June 26. 2007 BCC meetina: Recommendation that the Board of County
Commissioners reviews, accepts and authorizes the Chairman to sign a resolution declaring the
attached inventory list of County-owned real property as surplus land in accordance with Florida
Statutes 125.379 to be sold and the proceeds used to develop affordable housing. (Staff's
request.)
Item 8B continued to the October 23. 2007 BCC meetina: This item requires that all participants
be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2006-AR-
10698: A. Grover Matheney, Trustee, represented by R. Bruce Anderson, Esq. of Roetzel &
Andress, LPA and Margaret Perry, AICP of Wilson Miller, Inc., is requesting a rezone from Planned
Unit Development (PUD) to Commercial Planned Unit Development (CPUD) for a project to be
known as the Gaspar Station PUD. The subject property consisting of 17.7 acres, is located on
the south side of Immokalee Road (CR 846), approximately one quarter mile west of the 1-
75/1mmokalee Road interchange, in Section 30, Township 48 South, Range 26 East, Collier
County, Florida. (Petitioner's request.)
Item 9H: Commissioner Henning withdraws reconsideration of this item. Instead, for the Board
of County Commissioners to discuss and clarify the Stormwater Funding Policy for the Capital
Improvement Program - adopted on June 22, 2004. (Commissioner Henning's request.)
Move Item 16A7 to 10F: This item was continued from the May 22,2007 BCC meeting. This item
requires that ex parte disclosure be provided by Commission members. Should a hearing be held
on this item, all participants are required to be sworn in. Recommendation to approve for
recording the final plat of Silver Lakes Phase Two-G. (Commissioner Fiala's request.)
Withdraw Item 16D2: Recommendation that the Board of County Commissioners approves and
authorizes the Chairman to sign a lien agreement with Enrique Galvan Ramirez and Ana M.
Galvan (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 94 Independence, Phase II in Immokalee. (Staff's request.)
Item 17C: Additional backup information relating to this item has been distributed and made
available for review. (Staff's request.)
Item 17D: The Ordinance relating to this item was omitted from the agenda package. Copies
have been distributed and made available for review. (Staff's request.)
Item 17G: Paragraph 7b. of the draft Ordinance is to read: "b. Request for Reconsideration by
Petitioner. A reauest for reconsideration may be made only by the petitioner. The petitioner sRalI
may request reconsideration of a petition in writing to the County Manager. . ." (Staffs request.)
Move Item 17H to 8C: This item to be heard at 10:00 a.m. This item requires that all participants
be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-2005-
AR-B379 (MD) Home Dynamics of Naples, LLC, represented by Robert Duane, AICP of Hole
Montes, Inc., is requesting a rezone from the Agricultural (A) zoning district to the Residential
Planned Unit Development (RPUD) zoning district for project to be known as Boxwood RPUD.
The subject property consisting of 29.69 acres, with a maximum of 207 residential dwelling units
of which 20 percent of the total number of units will be for Affordable-Workforce Housing, is
located at 14290 14300 Collier Boulevard, Section 35, Township 48 South, Range 26 East, Collier
County, Florida. (Commissioner Coyle's request.)
Time Certain Items:
Item 9G to be heard at 11 :45 a.m. Resolution supporting the efforts of the Judicial System to
eliminate Identity Theft. (Commissioner Donna Fiala.)
Item 10A to be heard after 1 :00 p.m. To update the annual economic incentive report presented to
the BCC in the Fall of 2006. (Joseph K. Schmitt, Administrator CD&ES.)
Item 14A to be heard at 3:00 p.m. (The Executive Summary in the backup material incorrectly
stated 4:00 p.m.) Recommendation for the Collier County Community Redevelopment Agency
(CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to negotiate a closing
date extension to a purchase contract for certain real property within the Bayshore Gateway
Triangle Community Redevelopment Agency and authorize the CRA Chairman to sign the
extension. (David Jackson, Executive Director, Bayshore/Gateway Triangle CRA.)
June 12,2007
Item #2B, #2C and #2D
MINUTES OF MAY 8, 2007 - BCC/REGULAR MEETING; MAY
15,2007 - BCC/CHARTER GOVERNMENT WORKSHOP WITH
PRODUCTIVITY COMMITTEE AND MAY 22, 2007 -
BCC/REGULAR MEETING - APPROVED AS PRESENTED
Now, do I hear a motion to approve the May 8, 2007, BCC,
Regular Meeting; the May 15,2007, BCC Charter Government
Workshop and Productivity Committee; and the May 22, 2007, BCC
Post-legislative Workshop?
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER HALAS: Second.
CHAIRMAN COLETTA: We have a motion by Commissioner
Fiala for approval and a second by Commissioner Halas.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 5-0.
Item #3A and #3B
SERVICES AWARDS: 10 YEAR AND 5 YEAR RECIPIENTS -
PRESENTED
Page 14
June 12, 2007
Service awards, Mr. Mudd.
MR. MUDD: Yes, sir. The first recipient -- and this is basically
for your advisory board members, your services.
The first awardee is John Agnelli. It's a 10-year award for his
participation on the Industrial Development Authority. Mr. Agnelli.
CHAIRMAN COLETTA: Okay. Do I -- I'm trying to find what
I'm supposed to have to hand out, Mr. Mudd.
MR. MUDD: Sue, does he have the pins?
MS. FILSON: Pardon me?
MR. MUDD: Do they have the pins?
MS. FILSON: Yes. You have them up there.
CHAIRMAN COLETTA: These pins, the five-year pins?
COMMISSIONER COYLE: No, it would be a 1 O-year pin.
MR. MUDD: A 10-year pin.
CHAIRMAN COLETTA: That's what I was -- oh, I'm sorry.
The loose one here is a 10-year. I see. So used to labels on
everything.
Sir, thank you very much.
MR. AGNELLI: Thank you.
CHAIRMAN COLETTA: We appreciate your time and effort
that you've given to Collier County.
MR. AGNELLI: No, problem. Thank you very much.
(Applause.)
MR. MUDD: Sir, you going to do it from up there or you going
to do it --
CHAIRMAN COLETTA: I'll do it right up here.
COMMISSIONER COYLE: After all, he's running for election
now.
CHAIRMAN COLETTA: And don't you forget it, sir.
COMMISSIONER COYLE: That's right.
CHAIRMAN COLETTA: Are they standing behind us?
Page 15
June 12,2007
COMMISSIONER COYLE: Yes. And they're making rude
gestures.
MR. AGNELLI: Thank you.
CHAIRMAN COLETTA: Thank you.
MR. MUDD: Thanks, John.
Our next advisory board awardee is Charles Gunther, and it's for
five years that he's worked on the Bayshore Gateway Triangle Local
Redevelopment Advisory Board. Mr. Gunther.
(Applause.)
CHAIRMAN COLETTA: Thank you so much for your service
for five years. We're going to double your pay. I know you get a lot
of satisfaction. Appreciate it.
COMMISSIONER FIALA: Thanks, Chuck.
MR. MUDD: The next awardee is Gerald Lefebvre, and it's for
his work for five years on the Collier County Code Enforcement
Board.
COMMISSIONER FIALA: All right, Gerald.
(Applause.)
CHAIRMAN COLETTA: Appreciate it. Sometimes I think
your job is harder than ours. Thank you.
MR. MUDD: Next awardee is William Mears for his five-year
work on the Bayshore Gateway Triangle Local Redevelopment
Advisory Board.
Mr. Mears?
(No response.)
CHAIRMAN COLETTA: I don't think William's here.
MR. MUDD: Our next awardee is Michael Sorrell, and this is
for his five years of work on the Environmental Advisory Council.
(Applause.)
CHAIRMAN COLETTA: Thank you.
MR. SORRELL: Thank you.
MR. MUDD: That's all for our awardees.
Page 16
June 12, 2007
COMMISSIONER FIALA: What about parks and rec., the first
one, Frank Donohue?
MR. MUDD: I have the list of attendees that RSVP'ed for Susan,
and that's what I read off, so the others didn't RSVP, ma'am.
COMMISSIONER FIALA: Okay.
Item #4A
PROCLAMATION DESIGNATING MAY 21,2007 TO MAY 25,
2007 AS IMMOKALEE FOUNDATION WEEK. ACCEPTED BY
MR. ED LAUDISE, EXECUTIVE DIRECTOR, THE
IMMOKALEE FOUNDATION - ADOPTED
MR. MUDD: That brings us to proclamations. The first
proclamation is the proclamation designating May 21, 2007, to May
25th, 2007 as the Immokalee Foundation Week, to be read and
accepted by Mr. Ed Laudise, the executive director for the Immokalee
Foundation. And Mr. Laudise, from what I understand, can't be here,
and Ellen Harris will accept for him. This item has already been voted
on, on the May 22, 2007, meeting. You approved it. They wanted to
get it -- they needed it for --
CHAIRMAN COLETTA: Sure.
MR. MUDD: -- for an occasion, and they'd like to have to it
officially presented today.
CHAIRMAN COLETTA: Fine. Would you care to come up
front, please.
We appreciate everything that you do for Immokalee, very much
so. Would you face the audience.
Whereas, the Immokalee Foundation was formed in 1991 by
philanthropist Parker Collier to help improve the future of
Immokalee's children by raising the awareness of the financial support
from neighboring Neapolitans, and its mission is building pathways to
Page 17
June 12, 2007
success for children of Immokalee; and,
Whereas, the Immokalee Foundation distributes 80- to $100,000
annually to Immokalee programs that support its mission and has
\.llstributed in excess of $1.5 million to projects supporting earlier
learning, college preparatory and emergency aid to the children of
Immokalee, and plans to distribute 5.6 million over the next five years
to various community partnerships, programs, and scholarships; and,
Whereas, the Immokalee Foundation partners with Collier
County organizations to support Immokalee children through the
duration of their educational lives, an approach the Immokalee
Foundation recognizes as "Cradle to Career"; and,
Whereas, the Immokalee Foundation financially sponsors up to
75 Immokalee children enrolled in the Educational Foundation of
Collier County, "Take Stock in Children," mentoring and tutoring
assistance program, and 14 of those children will graduate from
Immokalee High School in June, the first group of the Immokalee
Foundation-sponsored students to do so; and,
Whereas, the Immokalee Foundation plays a positive and
significant role in the education of Immokalee children and aims to
expand its valuable work by further partnering with other community
organization leaders and volunteers; and,
Whereas, the Immokalee Foundation recognizes the volunteer
efforts of Ellen Harris and the charitable contributions of Bay Colony,
Port Royal, and numerous other communities, private individuals and
civic groups in Collier County.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that May 21,2007, to May
25,2007, be designated as Immokalee Foundation Week in
recognition of its continued service to the community of Immokalee.
Done and ordered this, the 22nd day of May, 2007, and signed by
myself, James Coletta, Chair.
And I make a motion for approval.
Page 18
June 12,2007
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: Motion for approval by myself,
Commissioner Coletta, and a second by Commissioner Fiala.
MR. MUDD: Commissioner, you don't have to vote on this
particular item. You already voted on it.
CHAIRMAN COLETTA: Oh, okay, fine. With our blessings.
(Applause.)
CHAIRMAN COLETTA: Thank you.
Item #4B
PROCLAMATION DESIGNATING THE MONTH OF JUNE AS
HOME OWNERSHIP MONTH - ADOPTED
MR. MUDD: Commissioner, the next proclamation is
designating the month of June as Home Ownership Month, to be
accepted by Ms. Marcy Krumbine, Director of the Housing and
Human Services for Collier County, and a cast of others.
COMMISSIONER HENNING: Whereas, more than 65 years
ago the National Housing Act was signed into law making home
ownership available to millions of families who previously could not
afford to buy their own home; and,
Whereas, home ownership has always been the foundation of
America's dream, and over 75 million nationwide and thousands of
families in Collier County have worked hard to set aside their savings
so that they may enjoy the security and stability of owning their own
home; and,
Whereas, Collier County low-income housing market is, in part,
as a result of willing leaders, realtors and not-for-profit agencies,
committed to providing affordable housing opportunities for all
citizens; and,
Whereas, Collier County Housing and Human Services
Page 19
June 12, 2007
Department is committed to the assistance oflow-, moderate-income
families to become homeowners via Home Loan Program, SHIP
purchasing assistance program, and the community development
grants with the U.S. Department of Housing and Urban Development;
Whereas, Collier County is committed to home ownership and
has brought extraordinary rewards invigorating the construction real
estate and leading industries to create jobs and enhance the prosperity;
and,
Whereas, hundreds of families have been -- become homeowners
through the partnership with the Collier County Loan Consortium,
consisting of six banking partners; and,
Whereas, home ownership strengthens families and promotes
personal and financial well-being; and,
Whereas, home ownership has encouraged thousands of Collier
County residents to save and invest and take pride in their
neighborhood and take pride in an active, responsible role in the
family life in their community; and,
Whereas, it is appropriate and fitting to recognize the value of
home ownership and its benefit to Collier County and our community.
Now, therefore, be it proclaimed by the Board of Commissioners
of Collier County, Florida, that the month of June be designated as
Home Ownership Month.
Done in this order, the 12th day of June, 2007.
Mr. Chairman, make a motion that we move this proclamation.
CHAIRMAN COLETTA: I'll second that. Commissioner
Henning made a motion for approval, and second by Commissioner
Coletta.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
Page 20
June 12,2007
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, of course.
(Applause.)
CHAIRMAN COLETTA: Thank you. Would you like to--
someone like to say a couple words?
(Applause.)
MS. KRUMBINE: Commissioners, as Director of Housing and
Human Services, our staff of 30 are committed to assisting very low,
low, and moderate income families to achieve their dream of home
ownership.
With policy direction from you, initiatives like the Bonus
Density Program, impact fee deferrals and fast tracking, we also use
resources like our SHIP Down Payment Assistance Program, federal
grants, and financing from the Collier County Loan Consortium banks
to place families in safe, decent, and affordable housing.
We have some new faces on our team that I'd like to introduce
you to. Lisa Carr is our -- where is she -- our new housing outreach
coordinator, and Frank Buddy Ramsey is our new SHIP program
coordinator.
However, really our success comes from our partnership with the
community. It's a phrase by Hilary Clinton, she said, it takes a village
to raise a child. Well, it takes a community to build home ownership.
And if you'll indulge me, I'd like some of our community
partners to talk about their roles. Thank you.
MR. KELLY: Good morning, Commissioners. Ken Kelly,
Chairman of the Affordable Housing Commission. I want to thank
you for the opportunity to serve. It's an honor to provide -- to help
Page 21
June 12, 2007
provide affordable housing to the loyal members of our community.
And I also want to say that I thank you, Board, for all of your hard
work and relentless pursuit for providing affordable housing to those
community members. Thank you.
MS. TALBERT: Good morning, ladies and gentlemen. I'm
Brenda Talbert. I'm the Executive Officer of the Collier County
Building Industry Association.
Our 1,300 member companies are very proud to be a part of this
initiative. We believe in the great American dream and providing
clean, safe, affordable housing for everybody in the form of either
rental or home ownership, and we stand ready to help you in any way
possible to help them achieve this goal. Thank you.
MS. NEMECEK: Good morning, Commissioners. Tammie
Nemecek, President of the Economic Development Council of Collier
County.
I have been in front of you many times over the last year to talk
about workforce housing here in Collier County. And I just wanted to
take this opportunity to thank you for your support in our ongoing
public/private partnership with home ownership here in Collier
rounty and supporting our employers here in workforce housing for
those employers.
Thank you very much.
MS. KVETKO: Good morning, Commissioners. For the record,
Colleen Kvetko, Executive Vice-President of Fifth-Third, and a
member of the Collier County Loan Consortium.
Home ownership is the American dream. Since 1992 when we
came to town, hopefully we've been an integral part of seeing those
dreams come true. And although -- the market certainly has changed,
but the products and mortgages are very diverse.
We have a number of banks in the lending consortium. We're
very proud to be a part of that since the very beginning, first with the
uni versity extension, now with the housing for human services, it
Page 22
June 12, 2007
provides education and truly a commitment to the American dream
and affordable housing.
Thank you again.
MS. DURSO: Good morning. Mary Ann Durso, Executive
Director of Habitat for Humanity. Together with your help, we have
already built a thousand homes for the citizens of Collier County that
earn less than 60 percent of the median income. With your help in the
future, we hope in the next seven years to build a thousand more. So
we'll do it together. Thank you.
MS. PATTERSON: Good morning, Commissioners. My name is
Kathy Patterson. I'm the Executive Director of Collier County
Housing Development Corporation.
As another non-profit, like Habitat, we work in Collier County to
develop affordable housing, provide homebuyer education and
counseling, and sponsor an annual housing fair.
Non-profits like the CCHDC are able to reach community
members and assess needs. A good example is the work we've done
in Copeland. It is an honor and privilege to serve those seeking
reasonably priced housing in Collier County.
From the county worker to the essential services professionals,
home ownership is a reachable goal if we all work together to make it
happen.
Thank you.
MS. YATES: My name is Carol Yates, and I'm a realtor and
member of the Board of Realtors here in Naples. For over the past
seven years I've been working with Marcy Krumbine providing
homebuyers' education for first-time homebuyers using the consortium
program.
Working with first-time homebuyers is very rewarding because
they're very appreciative, but it's been painful the last few years
finding them homes that are within their price range.
As a realtor, I am committed to assisting families of all income
Page 23
June 12, 2007
levels to become homeowners. I'm excited to be working with Marcy
and her new staff, and I appreciate the support and commitment of the
Board of County Commissioners on this critical issue.
Thank you.
MR. JIMENEZ: Good morning. My name is c.J. Jimenez. I
was in the Marines. I work at the V.A. clinic.
In December 2005, my wife Lisa and I, with our two little girls,
Alyssa and Hannah, met with Marcy Krumbine because we were
interested in buying our first home at Bristol Pines. There were quite
a few things we needed to work on, but we were determined to make it
happen.
Almost weekly I updated Marcy in the items I completed or
changed. By March of 2006, I was already entered into a contract to
buy a home with the great mortgage bank of -- from the loan
consortium.
The proudest moment for our family was on the closing date
when we moved into our new house in January of this year, 2007.
Now my family has a -- our own home to call our own, and we're
making lasting memories in these last few months.
Thank you, all of you. Our family has come home.
(Applause.)
MS. KRUMBINE: Thank you, Commissioners, again, and thank
you to our community partners, because, truly, we're building this one
house at a time for the community of Collier County.
CHAIRMAN COLETTA: Thank you, Marcy.
Item #5A
INTRODUCTION OF CONGRESSMAN MARIO DIAZ-
BALART'S NEW AIDE - INTRODUCTIONS MADE
MR. MUDD: Commissioner, that brings us to the presentation
Page 24
June 12,2007
section of our agenda, and the first item is SA, and that's basically an
introduction of Congressman Mario Diaz-Balart's new aide.
And I hope Mr. Hart's going to do that.
MR. HART: I was actually kind of hoping -- we don't get our
pictures taken with the chairman? Save that for another time.
Thank you, Mr. Chairman, Commissioners, and Mr. Manager,
and Mr. County Attorney, Ms. Filson, citizens of Collier County, my
name is Steve Hart.
And it's my honor and pleasure to stand before you this morning
and tell you, first of all, that Congressman Mario Diaz- Balart sends his
best regards. As you all have come to know over the last -- well, four
and a half years now, the Congressman dearly loves representing
Collier County in the U.S. House of Representatives and enjoys the
time he spends here, although he's in Washington more often that he's
here.
But in that regard, I -- and it has been my honor and my pleasure
to serve him as his representative here in Collier County these past
four and a half years. And it is now my -- indeed, my pleasure to pass
the baton to George Barton, who you all know very well, has been a
community leader and involved in Collier County for many years.
George is going to be taking over as district representative for
Congressman Diaz-Balart in Collier County.
I'm happy to welcome him and introduce him to you. George,
you want to say a few words?
MR. BARTON: Commissioners, it's good to be here. You've
got a busy agenda. I will work with you to serve the constituents, and
it's a pleasure.
Thank you.
COMMISSIONER COYLE: Mr. Chairman, if I could, why don't
we have a photo with these two gentlemen.
CHAIRMAN COLETTA: Sure, why don't we do that.
COMMISSIONER COYLE: No, also to recognize Steve Hart
Page 25
June 12,2007
for his great job. He's done a great job in the past few years.
CHAIRMAN COLETTA: Come right up here.
COMMISSIONER COYLE: And ifhe gets us another vote to
oppose this ridiculous immigration bill, I'll be even happier.
CHAIRMAN COLETTA: Come on, Steve. Right up here.
MR. HART: I knew I shouldn't have opened my mouth.
COMMISSIONER HALAS: That's what happens.
MR. HART: Yeah, right. I should know better in front of this
group.
COMMISSIONER HALAS: Insert foot.
COMMISSIONER FIALA: They say a closed mouth gathers no
feet.
COMMISSIONER COYLE: Welcome aboard.
CHAIRMAN COLETTA: Welcome to the family.
(Applause.)
MR. HART: Thank you, again, Commissioners and Mr.
Chairman, and I'll look forward to continuing to work with the five of
you, particularly in my new capacity as vice-president for public
policy at the Greater Naples Chamber of Commerce. We will be all
working together, I think, for the greater good of this community. So I
look forward to that. Thanks a lot.
CHAIRMAN COLETTA: Thank you, sir.
Item #5B
RECOGNIZING COUNTY STAFF MEMBERS: BERT MILLER,
JAMIE FRENCH, JAY KIM, RICHARD ZYVOLOSKI, LINDSEY
DAGNALL, AND KENNETH KOVENSKY FOR BEING
RECOGNIZED BY THE PUBLIC TECHNOLOGY INSTITUTE
AND A WARDED A FIRST PLACE TECHNOLOGY SOLUTIONS
A WARD FOR THE USE OF INNOVATIVE GEOGRAPHICAL
INfORMATION SYSTEMS TECHNOLOGY IN THE COUNTY'S
Page 26
June 12, 2007
HURRICANE IMPACT ASSESSMENT MOBILE APPLICA nON
- RECOGNIZED
MR. MUDD: Commissioner, that brings us to our next
presentation, and that's a recommendation to recognize county staff
members, Bert Miller, Jamie French, Jay Kim, Richard Zyvoloski,
Lindsey Dagnall, and Kenneth Kovensky for being recognized by the
Public Technology Institute and awarded a first-place technology
solutions award for the use of innovative Geographical Information
Systems Technology in the county's hurricane impact assessment
mobile application.
Ladies and gentlemen, please come forward.
(Applause.)
CHAIRMAN COLETTA: Who's going to accept this?
MR. FRENCH: Thank you, sir. I appreciate that.
COMMISSIONER HALAS: Thank you, Jamie.
COMMISSIONER FIALA: He stepped forward quickly.
CHAIRMAN COLETTA: Great team you got there.
MR. FRENCH: Thank you, sir.
COMMISSIONER COYLE: Congratulations. Thank you very
much.
COMMISSIONER HALAS: Thank you.
CHAIRMAN COLETTA: Thank you very much.
COMMISSIONER FIALA: Good to see you, Ken.
COMMISSIONER HALAS: Hi. Thank you very much.
COMMISSIONER COYLE: Thank you very much.
COMMISSIONER HALAS: Fantastic. Thank you. Good job,
buddy.
Item #5C
Page 27
June 12, 2007
CONTRACTOR PRESENT A nON FOR SOUTH COUNTY
REGIONAL WATER TREATMENT PLANT 20-MGD
WELLFIELD EXPANSION - PRESENTED
MR. MUDD: Commissioner, the next presentation is one by the
contractor for the South County Regional Water Plant,
20-million-gallon wellfield expansion.
MR. GRAMA TGES: Good morning, Mr. Chairman,
Commissioners. I'm Phil Gramatges, Principal Project Manager,
Public Utility Engineering and the Project Manager for the South
County Regional Water Treatment Plant 20 MGD wellfield
expansIon.
Today I'd like to introduce Mr. McConnell. Mr. McConnell is the
senior project manager for the general contractor who is building this
wellfield, Reynolds, Inc.
MR. McCONNELL: Good morning. Just to give a brief
summary of the project, it's located on 951 near Beck Boulevard, is
what we consider the center of the project. And on this map, the top
of the page being north, we're tying into the South County Regional
Water Treatment Plant with a 30-inch transmission main that runs
south parallel to 951, turns into a 24-inch collection main, and then
has a number of branches from 12-inch -- 16-inch, 12-inch, 8-inch
lines out to 23 new wells, 14 of which we're installing, nine of which
were existing, and we're developing the complete 23 wells.
There's about 11,300 some odd feet of the 30-inch line, about
4,000 feet of the 24-inch, 4,000 feet of the 16-inch, 2,000 feet of the
12-inch, and 9,000 feet of the eight-inch.
Along with the actual water line, there's electrical and fiber-optic
conduit that runs the lengths of the project as well to control the wells
from the plant. It's a project also consisting of directional drilling that
happened under the 1-75 and various jack and bores under other roads
around Forest Glen and Lord's Way along that road.
Page 28
-~_.- .. "..---."-
June 12,2007
That's just kind of the same summary there of the project in
general. And this is an aerial photograph of the plant where we tie in
behind the building on the far right. We're tying those water wells and
that line into the existing plant for a 20 million gallon a day increase.
To date basically we have started -- we have installed all of the
pipe, which includes all of the large diameter transition main and all of
the collection main. There's some miscellaneous piping at the wells to
tie the wells in.
The wells are under construction. We have -- we have completed
the -- 14 of the 23 deep well vaults, as well as all the piping. All of
the directional drilling has been completed. All the jack and bores
have been completed.
The well drilling, we have nine of the 12 wells that are in
progress or either completed drilling. We have three remaining to be
drilled. So we're fairly well -- we're off to a very good start and ahead
of schedule and on budget at this point.
As far as the schedule completion dates, for phase one it's
November 19th for 12 wells and July 2nd of '08 for the remainder of
the wells, which would be 23 wells.
We are -- our objective is to start turning wells over
progressively, starting with the first two wells to start with the supply
of water before the phase one completion date, and we'll continue to
turn those on as we get closer to that date completing that.
As far as the project, you know, accomplishments, it's been -- it's
been a great project in terms of communication between the county
and ourselves. The engineer and the construction management team
has worked well to solve any potential problems that have come up,
and I think that's been the secret to the success that we've had on the
project to date.
We've integrated a lot of local subcontractors and built some
strong relationships down here, and they've been a very valuable part
of our team, and we have made huge strides to accomplish most of the
Page 29
June 12,2007
deep work before the rainy season began. And that work is, for the
most part, complete.
So that's generally the project, if there are any questions.
CHAIRMAN COLETTA: Any questions? Commissioner
Coyle?
COMMISSIONER COYLE: Yes. Would you give me those
completion dates again.
MR. McCONNELL: Phase one completion is November 19th of
this year, and phase two completion is July 2nd of '08.
COMMISSIONER COYLE: Of'08. And that -- excuse me.
That is earlier than the original completion date of October of'08; am
I correct?
MR. McCONNELL: These were the dates that we have in our
subcontract -- in our contract.
MR. GRAMA TGES: Commissioner, Phil Gramatges. Yes, that
is slightly earlier than the original completion date.
COMMISSIONER COYLE: Okay. My question primarily is
this, the original budget was about $35 million, and we're currently
operating on a budget that's about $47 million.
MR. GRAMATGES: Yes.
COMMISSIONER COYLE: So it's not in the original budget.
My question is, did we add something to the budget or did we
underestimate?
MR. GRAMATGES: No, we did not add -- the original budget
for $35 million was calculated by the engineer of record many years
before we even went to bid. As you know, construction costs have
increased considerably in the last few years, and we were certainly
caught in between that sharp increase.
When Reynolds, Inc., came through with the bid, they were--
they were not the lowest bidder. The lowest bidder, unfortunately was
considered to be non-conforming. They were next to the lowest
bidder. And that price was analyzed by us and considered to be
Page 30
June 12,2007
competitive based on the current cost at the time of the bid.
COMMISSIONER COYLE: So with respect to the bid that the
current contractor submitted, we are operating within the parameters
of that bid?
MR. GRAMATGES: Yes, sir, we are.
COMMISSIONER COYLE: It was the original estimate of $35
million that was incorrect?
MR. GRAMATGES: That is correct.
COMMISSIONER COYLE: Okay. That's confusing in the
executive summary. It leads you to believe that $15 million has been
added to this project somewhere. And based upon what you're telling
me, that is not true.
MR. GRAMATGES: No, sir.
COMMISSIONER COYLE: Okay.
MR. DeLONY: We'll correct that.
COMMISSIONER COYLE: Thank you very much, good.
Good job, thanks.
CHAIRMAN COLETTA: Okay. Any other questions or
comments?
(No response.)
CHAIRMAN COLETTA: Thank you, sir.
MR. McCONNELL: Thank you.
Item #6A
PUBLIC PETITION REQUEST BY TIM NANCE TO DISCUSS
WALKWAY CONNECTING PALM CREST VILLAS AND
WILLOUGHBY PARK - DISCUSSED; PARKS AND
RECREATION TO BRING BACK AN UPDATE AND
SOLUTIONS IN SEPT/OCT 2007
MR. MUDD: Commissioners, this brings us to the public
Page 31
June 12, 2007
petition section of your agenda, and you have one public petition
today, and that is a request by Tim Nance to discuss walkway
connected -- a walkway connecting Palm Crest Villas and Willoughby
Park.
MR. NANCE: Good morning, Commissioners. Thank you for
the opportunity to speak, Mr. Chairman. My name is -- excuse me.
My name is Tim Nance. I'm here today representing Palm Crest
Villas, Incorporated, a condominium association in the Palm River
neighborhood of Naples.
I've been the secretary and a member of the board of directors
ever since 2002. In late 2004, Willoughby Park, a beautiful little
neighborhood park, was opened that adjoins Palm Crest Villas. And
Palm Crest Villas is a small condominium association primarily by
retired -- owned by retired people. It has 43 units.
And the Willoughby Park has its entire west boundary along the
edge of Palm Crest Villas. And what occurred at the time the park
was opened is that there's -- because it is such a nice little park, there
started to be a tremendous amount of visitors there and they were not
just entering the park by its intended entrance, which is through
Willoughby Acres on a public street.
The residents in the area started to come through the Palm Crest
Villas condominium property to go to the park, and they started to
park in the parking spaces there that are owned by the residents and so
forth.
And over time, many, many problems developed relating to
young people that came to skateboard, and they came to skateboard in
the parking lot and stay at the park in the late hours, and there started
to be a lot of litter, a lot of damage, and a lot of vandalism in the
condominium association.
My intention today is, I wanted -- and I sent a full packet of
information to the county manager, Mr. Mudd, so that he would
understand the sorts of things -- I could go on for a tremendous
Page 32
June 12,2007
amount of time that's not necessary to outline the problems.
But basically, we've had an ongoing request since December,
2004, for the parks department to close off a walkway that was built
from the park to Palm Crest Villas' private property. There was
actually a -- as the improvement at the park went on in early 2005, a
walkway was built from the park to Palm Crest Villas' property. And
what people did was, people started to assume that this was a public
entrance, and it encouraged more and more people to come to the park
through that way.
And what we've asked parks department repeatedly -- we've had
many written correspondences, four letters, two face-to-face meetings,
and numbers and numbers of telephone conversations with various
members of the parks and recreation staff, asking them to vacate that
walkway and to close off the park with a fence.
Since my application for a public petition, in (sic) April 24th I
was contacted by Mr. Barry Williams from parks, who did send me a
letter, the first correspondence we've received in a long, long time,
: ,garding our request for assistance, and he has started construction of
a fence to try to restrict entrance into the park from that side and has
begun removing the walkway and re-sodding, I hope, the entryway
that was constructed there.
So basically what (sic) I'm here today is to indicate to the county
commission just to document the sort of problems that we have had
and to ask the support of the county commission to encourage parks
and recreation to continue what they've done to close off the park.
They have constructed a partial fence, but to date people still walk __
the fence does not completely enclose the park.
And I think there was a problem with another property owner to
the north. But it was impossible to -- it was proposed that there was a
fence going to be built down to a lake, and it would cut off access to
the park. But at present, people just continue to walk around the end
of the fence and continue to come through Palm Crest Villas.
Page 33
June 12,2007
So what I'm here to ask the commission today is to really direct
parks and recreation to continue to complete fencing around the park
and to take aggressive action to indicate to the public that that's not a
public access to the park through Palm Crest Villas and also to support
-- to support us in our efforts.
Since this has been ongoing since 2004, I think it's going to take
a little bit of work to restore private property there and to restore the
peace and quiet. And I hope that the parks will work with us with the
sheriffs department to encourage them to give us a few extra patrols
over there to stop people from coming through Palm Crest Villas'
property .
And that's my request this morning.
CHAIRMAN COLETTA: Commissioner Halas, then
Commissioner Fiala.
COMMISSIONER HALAS: Yes. Tim, I'm sorry about the
problems that you've had. I'm a little confused because the first letter I
got was CC'ed to me, and at that time I believe that I had asked staff,
through Jim Mudd's office, to look at this. And my understanding is __
the letter that I received August the 6th, 2006 --
MR. NANCE: Yes.
COMMISSIONER HALAS: -- I had asked staff to look into this,
and I believe that they did. And we had approved a new budget,
which was October the 1st, 2006, and I believe they then pursued a
permit to obtain a permit to build the fence, as you are talking about
now, and I believe that they finally got a permit sometime in February,
and then we just completed the action.
I was concerned -- the letter that was dated in January this year--
MR. NANCE: Yes, sir.
COMMISSIONER HALAS: -- I've got to say that I did not
receive that letter across my desk. We tracked it down and it did
arrive, and it was my understanding that my aide had forwarded that
letter on to parks in regards to, hey, is this a follow-up letter, and are
Page 34
June 12, 2007
we doing anything about it, and I believe we found out something
about it.
I was very concerned when I finally got ahold of a copy of this
letter and saw that there was damage being done on the premises of
the property, which is totally wrong.
I then requested that I get as many police reports as I could from
the sheriffs deputies in regards to this incident. And what we did is
we received a large packet from the sheriffs department, and I've got a
sheriff deputy, I believe, that's in the audience, and I'm going to bring
him up and ask him about some of these items that you related to.
The sheriffs report, there was 45 incidences, but it was all related to
items in the park, like somebody shooting off fireworks. I think there
was a fisticuffs in the park or whatever else.
But if the sheriff could relate about these. I'm very concerned
about these incidences about where vandalism continued on our -- on
evening light fixtures smashed a number of times, several garages
doors have been kicked in and vandalized.
MR. NANCE: Yes, sir.
COMMISSIONER HALAS: And was there -- I can't find any
reports on that. Sheriff deputy, if you can relate to that, because I __
this is serious, and I would hope that there was some police reports in
regards to that. I couldn't find any.
MR. GONZALEZ: Yes, sir, we do. Good morning.
What we've done is we've --
COMMISSIONER FIALA: State your name for the record, sir.
MR. GONZALEZ: Oh, I'm sorry. Corporal Mel Gonzalez with
the sheriffs office.
CHAIRMAN COLETTA: If you'd be so kind to tilt the mike
down just a little bit so we can hear you clearly. Thank you, sir.
COMMISSIONER HALAS: Thank you.
MR. GONZALEZ: Okay. What we've done is identified all the
main players that have been trespassing in the park within the last __
Page 35
June 12, 2007
this has been ongoing for a couple years, so -- it is a public park, and
where they've placed the park it's kind of a unique situation because
there's really no public parking for the people to use the park on the
east side of the park, whereas, on the west side of the park it's private
where, I believe, Mr. Nance lives.
So primarily I think the park was placed there for residents in the
Willoughby Acres area and for the residents on the west side of the
park. But obviously since it is public, you get residents from all over
the area coming to use the park, and they'll use the parking lot on the
west side, which kind of takes up residents' parking.
But what we've done is we've identified all the main players that
have been trespassing and causing damage, and we've trespassed each
and every single one of them, and we've also actually arrested a
couple of them for trespassing. So there should be some pictures
going around.
COMMISSIONER HALAS: Yep. Felons.
MR. GONZALEZ: They all do live in the -- unfortunately, they
all live in the Willoughby Acres area or in the Palm River Estates area
where they can come use the park. But since these specific
individuals have been causing damage and smoking and leaving trash
and damaging property, we have officially trespassed them. They are
not welcome back to the park.
We have sent parks and recreation copies of all the trespass
warnings plus the pictures that we do have, and we've let them know
that if any of these individuals do come back, that they will be under
arrest.
Plus we've sent out to District 1 road patrol units to be aware -- they
have the pictures as well -- that if anybody -- any of these individuals
do come to the park area or come near the park, they are to be
anested.
And so I haven't been by the park probably in a couple of
months, but I know that since we've initiated this, I think things have
Page 36
June 12, 2007
kind of calmed down a little bit, plus the fence that they put in.
Now, I was under the impression that the fence was completely
enclosed, so I wasn't aware of that, so hopefully we can get something
going on that.
But we've had a lot of situations there. And I think a lot of the
stuff that you've seen on here is over a period of a couple years.
COMMISSIONER HALAS: Okay. Has there been damages to
garage doors and stuff of this nature? I didn't see anything in the
police reports on this, that's why I'm concerned about this.
MR. GONZALEZ: If there's damage to private property, it
would -- it is up to the owner to report to the sheriffs office. They
would be considered the victim. But I've not been aware of specific
private property issues. I've been more aware of just like -_
COMMISSIONER HALAS: Stuff that I saw was basically
related to the park, like smoking and fireworks and some other stuff,
and I guess there was somebody that was building some kind of a
homemade exploding device.
MR. GONZALEZ: Yeah. Anything -- anything of that nature
we've definitely taken a report on. I don't know specifically if they
placed a copy of it in here, but I know that we've followed up with any
incidents that have occurred inside that park area.
COMMISSIONER HALAS: Okay. Thank you so much.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I just -- I'm just a little bit
confused here. Mr. Nance, please. Aren't you president of the Golden
Gate Estates Civic Association?
MR. NANCE: Yes, ma'am, I am. I--
COMMISSIONER FIALA: Do you live in Golden Gate Estates
or do you live here? I don't understand.
MR. NANCE: No, I live in Golden Gate Estates but I serve on
the board because I'm a property owner there. I inherited a
condominium from the recent passing of my uncle who used to live
Page 37
June 12,2007
there. So because I'm a property owner and I have a unit there, I serve
on -- I serve on that board as well.
COMMISSIONER FIALA: Oh, I got very confused there.
MR. NANCE: Yes. No, I do live in North Belle Meade. I still
live out in the country, but--
COMMISSIONER FIALA: That's what I thought. Okay, fine.
MR. NANCE: I've kind of been dragged into downtown Naples
by my family, but that's okay.
COMMISSIONER FIALA: Okay. And then, can you tell me,
are there children in the Palm Crest Villas?
MR. NANCE: There are 43 units in Palm Crest Villas, and I
believe three of them have children. In recent years there's been __
young single families have moved there, but it's primarily a retirement
community. It's people that have retired and moved into Naples in
retirement or people that own a condominium there as a second home.
A lot of them travel from north, you know, up -- during the
summer months and live in Naples over the winter, so -_
COMMISSIONER FIALA: So those children will not be
allowed to use this park then, right? Do you have any -_
MR. NANCE: Well, they can use it, but they -- you know,
they're not going to be able to just walk through across the lawn.
The situation has been made difficult by the fact that there's a lawn
that belongs to Palm Crest Villas that adjoins the park, and there's
nothing that separates the two.
So people that have come to use the park somehow believe, and I
think justifiably so, that that lawn area that's part of our condominium
complex is part of the park. Well, it's not.
And so they use all that property to walk their dogs and so on and
so forth. But there's been a -- there's been a lot of damaging mischief
associated with it. And you know, I guess you can -- it's part of
normal park activities and so on and so forth.
But it's really affected the condominium association because it is
Page 38
June 12,2007
people that -- a lot of them go to bed early, they like to -- they like it
quiet, and when things carry on late into the night -- and it culminated
in December of 2006 where we had violence to the association
president.
The president was attacked by a trespasser and physically hurt
pretty bad. I mean, he had actually broken bones in his face and is
continuing to receive treatment at this time, which is what spurred us
to try to come to you as kind of a last resort to get help and get the
situation resolved. So there is --
COMMISSIONER HALAS: That's not on the police report
either, sir.
MR. NANCE: Well, it's ongoing, sir. I mean, there's been
charges been filed. And, you know, we actually -- we could use some
help in resolving that, too. It's a --
COMMISSIONER FIALA: Sounds like you need to hire a
security guard over there or something. It doesn't sound like a park at
all from the description you give us.
MR. NANCE: Well, what's happened is -- and it's not an
intended consequence, but the park is attracting visitors. It's a very
nice park. It's attracting visitors, but there's more space to get to it
through our condominium property than there is from the little
neighborhood street that it serves.
COMMISSIONER FIALA: What about the people who have the
children? Do you believe that they will then complain that their kids
can't get to the park?
MR. NANCE: Well, you know, we've been contacted in April. I
started receiving contact from Mr. Barry Williams, who's here, and
he's been very polite and courteous and has worked feverishly in the
last six weeks to try to resolve this. He indicated that one person in
the condominium complex had complained when the fence was put up
that they wouldn't be able to use the park and asked directly, and the
board of directors of the condominium association has discussed this
Page 39
June 12, 2007
issue at every one of our monthly meetings since late 2003, to try
resolve this problem, and we agreed that it might be -- you know, it
might be a little inconvenient for that one individual, but by far, the
overwhelming majority of the homeowners wish this thing to be
closed off so that we don't have this trespass, make no mistake about
that.
CHAIRMAN COLETTA: Have you looked into the possibility
of working jointly with parks and recs. to maybe share the cost of
some sort of fence?
MR. NANCE: No, sir, we haven't. We thought really it should
be their responsibility to control visitation, and certainly a public
entrance should not have been, you know, built to our property.
CHAIRMAN COLETTA: Can we hear from parks and rec.?
Hi, Barry.
MR. WILLIAMS: Good morning, Commissioners. For the
record, Barry Williams, Parks and Rec. Director.
I appreciate the opportunity to speak. We have been in
communication, as Mr. Nance stated, about this particular park, and it
is a very beautiful park. It is an asset to the community and the folks
that come there.
There have been concerns that Mr. Nance, through the
association, have identified, and we've worked very closely with them
on increasing our ranger patrols and working with the Collier County
Sheriffs Office to resolve some of those issues.
Recently, and if! may, just to give a visual of the park itself. See
if you can make out, if you see in the yellow -- and my being
color-blind, that may be green, so -- and those are the condos that Mr.
Nance represents.
This right here is the parking lot that -- it belongs to the condo
association. This green space here borders our park, and this is our
park right here. It goes right down at the end to Mentor. There's
public access right here.
Page 40
June 12,2007
Mr. Nance is talking about this sidewalk right here that comes
from the park onto this area right here, which is private property.
And what we've talked to Mr. Nance about is how we could
prevent public access through private property. We've erected a fence
along this tree line right here, and what that's done is it's prevented
cars from parking right here that don't belong to the homeowners here,
condo owners, and they're walking over to this green space into the
park. So that fence goes right there and keeps that from happening.
Mr. Nance's point of view is that it still continues, that people still go
through private property gaining public access to that park.
We've been talking to him about our putting a fence along this
line to further prevent people from coming across private property
there. We've also pulled up the sidewalk to our fence line, and we're
going to re-sod that and prevent that.
I do want to mention though, this green space area here, in the
summer, it does fill up with water. It's a stormwater issue, and
stormwater management is looking at the potential of an easement and
gaining an easement to manage that particular area.
We do hope there's some possibilities, and we want to continue
the discussions with Mr. Nance and their leadership on gaining that
public access, that easement there, that doesn't allow people to go
through their private property.
But for right now what we've done is we've fenced in the area,
we removed the sidewalk, and we're looking to, you know, discourage
people from coming across private property onto the public park.
MR. MUDD: Commissioners, just so you know -- and I asked
Barry when he came up if he had a bigger map, one that had more -- a
broader perspective. But if you take a look at this whole neighborhood
in gross toto, in order to get to this park that's sitting -- that's sitting
right here, you're going to have to go up, down, and around to go way
around to get down to Mentor to come back in again, and so it's like
half the community has to go way around the park in order to get to it,
Page 41
June 12, 2007
and this became a preferred shortcut in order to get to it, and it's
become a bit of a habit, and we're going to have to break that habit if
we're going to keep the property -- the private property rights of Mr.
Nance's condominium association.
And -- there you go. There's the broader perspective. If you take
a look at how big the community is and you take a look at where the
park is now, okay -- and what happened is this whole part of the
community used to come up and try to get to that park, and Mr.
Nance's condo and the parking lot got to be very convenient for them
to get there.
Now, in order for this whole section to get there, they're going to
have to go up and they're going to have to go around.
COMMISSIONER COYLE: You can't get there from here,
MR. MUDD: And you have to go up higher to get around, and
to go way on back down in order to get to it. So it is going to be an
Issue.
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: Well it sounds like to me that
parks and rec. is trying to resolve this issue.
One other venue, Mr. Nance, is the Board of Commissioners
provides a tow ordinance. It allows you to post your property as no
trespassing with the detailed information of a towing company that
can remove vehicles that are not wanted or not welcome in the
community, and many other associations utilize that, and I encourage
you to utilize that. I think a person would really get the message if he
comes over to get in his vehicle and you find it not there.
MR. NANCE: Yes, sir. I mean, actually we do -- we do have no
trespassing signs on all our driveways that were there even before the
park was built indicating that they would be towed away. But when
people started to come in there, dozens and dozens of cars and people
with dogs, I mean -- you know, young mothers with children and so
on and so forth, that were coming in all along this -- all along this
Page 42
June 12,2007
parking space there, it -- well, number one, our no trespassing signs
were stolen and vandalized and taken away, so we kind of lost them,
but we -- you know 1--
, ,
COMMISSIONER HENNING: Thank you.
MR. NANCE: Okay.
COMMISSIONER HENNING: We do have some property over
in Naples Park. Maybe we'll just put a park over there and shuttle
people.
COMMISSIONER COYLE: We can call it Best Friends Park.
CHAIRMAN COLETTA: You're going to get into trouble there.
Anything else, Commissioner Henning?
COMMISSIONER HENNING: No.
CHAIRMAN COLETTA: Commissioner Coyle?
COMMISSIONER COYLE: Y eah. You know, our objective
isn't to solve this today. It's just to decide whether or not we're going
to put it on an agenda for the resolution in the future.
COMMISSIONER HALAS: Well, I think they're working on
the problem.
COMMISSIONER COYLE: And so they're working on the
problem, so let's just schedule a time when you come back to us with a
solution. When's it going to be?
MR. WILLIAMS: Ifwe can continue to work with Mr. Nance
and come up with a reasonable solution and bring that back to you. I
think we're working towards one with them and the association. So if
we could do that, that would --
COMMISSIONER COYLE: When are you going to do that?
MR. WILLIAMS: Well, you're going -- we're not going to have
it by the June 26th meeting. July 24th --
COMMISSIONER HALAS: How about October?
MR. WILLIAMS: September, October.
COMMISSIONER HALAS: Okay. That sounds good.
CHAIRMAN COLETTA: I'd like to get one last comment in.
Page 43
June 12,2007
I'm looking at that map and I'm very concerned about the residents
that live there in the condominiums, but also I'm concerned about the
access from that one direction. If everything has to come down the
street on the other side, it might get to be prohibitive for those people
over there, and pretty soon we're going to have a park that no one can
use unless -- their own back yard. I'm not too sure how you're going
to resolve that to be able to come up with -- Commissioner Fiala's got
the answer though.
COMMISSIONER FIALA: No, no, I don't have the answer, but
that's been my concern as well, is you block off that whole other
section of people that just like to use the park.
And Mr. Nance was saying something about the noise. The noise
is going to be there whether you have a fence there or not. And
activity, but the activity's going to be there whether you have a fence
or not.
What would be a great idea is to find an entry into that park so
that the other side -- all of those homes on the other side can use it as
well and yet to protect the people in that condominium. I don't know
what the answer is, but that would be the solution.
CHAIRMAN COLETTA: We've got an excellent staff that can
figure this out.
MR. NANCE: Yeah. In could use Mr. Williams' map just a
second to kind of demonstrate the problem. I'll show you the extent of
it here.
This -- this entire area along here is the parking lot of Palm Crest
Villas. And what was happening was there was vandalism that was
occurring to the lights and the garages all along these garages here
because people were coming in this way to get to the park and parking
all along here, and they were recreating and playing in these grassy
areas.
But this is the area where the walkway was constructed. And
once that walkway was constructed, I believe early in 2005, then there
Page 44
June 12,2007
was just an absolute flood of people coming in here and parking all
along here.
The residents didn't even have a place to park their cars because a
lot of times there was half a dozen, six or eight cars in here, and
parking is very, very short.
So this whole borderline along here is Palm Crest Villas. This
borderline over here belongs to Sawgrass, which is this little
community right here. And I think Sawgrass objected to the fence
which was constructed and built down to this point and down to the
water and then removed.
But right now people continue to come and park in this area and
they continue to walk up in there. I don't suppose they're doing it quite
so much since the walkway was removed, but they're going right
around the end of the fence right there. It's just an open -- open-ended
fence, so -- but that will show you that, you know, people were
coming in all along this area to go to the park.
COMMISSIONER FIALA: Which kind of shows you they
really want to use the park.
MR. NANCE: Well, it started -- it started off slow but it's gained
a lot of popularity, and thus become more of a problem.
COMMISSIONER COYLE: Mr. Chairman?
CHAIRMAN COLETTA: Yes, go ahead.
COMMISSIONER COYLE: Certainly you've thought about
this. I hesitate to waste more time discussing it.
Putting a fenced walkway along the water retention pond to the
north and taking it out to Cypress Way is a logical solution. It
provides us a way for people to come from the other side of Cypress
to the park without going through the property that Mr. Nance is
referring to, as long as it is a fenced walkway and it's fenced all the
way down to the park and to the lower end of the condominium
property that Mr. Nance is representing here, so that people could not
park in his property and then get easy access to the park, but they
Page 45
June 12, 2007
could certainly walk from their side of Cypress over through the
fenced walkway, across Cypress, down beside the water retention
pond, and to the park, and there would be no access whatsoever to the
condominiums that Mr. Nance is representing. Why wouldn't that
solve the problem?
MR. WILLIAMS: Commissioner, I like your thinking. That's
the thoughts we're having, and we would like that opportunity to
continue to communicate with Mr. Nance and work out a reasonable
solution. We think we can get it on and --
COMMISSIONER COYLE: We'll see you in September,
October.
MR. WILLIAMS: Yes, sir.
COMMISSIONER HALAS: Thank you.
MR. NANCE: Thank you very much.
CHAIRMAN COLETTA: Thank you, Mr. Nance.
Okay, Mr. Mudd, 10 minutes to a break, so let's go through the
appointments.
Item #9A
RESOLUTION 2007-151: APPOINTING STEPHEN HRUBY,
BRIAN GOGUEN AND CORMAC GIBLIN (APPOINTED BY
THE CITY OF NAPLES) TO THE AFFORDABLE HOUSING
COMMISSION - ADOPTED
MR. MUDD: Yes, sir. Brings us to section 9, Board of County
Commissioners, 9A, appointment of members to the Affordable
Housing Commission.
CHAIRMAN COLETTA: Do I hear a motion?
COMMISSIONER COYLE: Motion to accept the committee
recommendations for appointment of members to the Affordable
Housing Commission. That would be Steve Hruby and Brian Grogan
Page 46
June 12,2007
-- Goguen.
COMMISSIONER HALAS: Second.
CHAIRMAN COLETTA: Okay. A motion by Commissioner
Coyle and second by Commissioner Halas to take the committee's
recommendations.
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.
MS. FILSON: And also, this executive summary serves as notice
that Cormac Giblin was appointed by the city.
COMMISSIONER HALAS: Yes.
CHAIRMAN COLETTA: So stated in there.
COMMISSIONER COYLE: Yes, it is.
CHAIRMAN COLETTA: I assume that that would be part of
your motion.
COMMISSIONER COYLE: Yes, it is.
COMMISSIONER HALAS: That's part of my second.
CHAIRMAN COLETTA: Thank you very much, Ms. Filson.
B?
COMMISSIONER HENNING: May I?
CHAIRMAN COLETTA: Yes.
COMMISSIONER HENNING: I have a question. Did this -- is
this in -- is this okay with the ethics ordinance that we have about,
Page 47
June 12,2007
yeah, former employees --
MS. FILSON: I asked the county attorney that question, and I'll
have them respond.
COMMISSIONER HENNING: He said it was okay, right?
MS. FILSON: Uh-huh.
COMMISSIONER HENNING: Okay. I'm okay.
CHAIRMAN COLETTA: Okay, fine.
COMMISSIONER HENNING: Thanks.
CHAIRMAN COLETTA: Okay. 9B?
Item #9B
RESOLUTION 2007-152: DECLARING A VACANCY ON THE
PARKS AND RECREATION ADVISORY BOARD - ADOPTED
MR. MUDD: Brings us to 9B. It's a recommendation to declare
a vacancy on the Parks and Recs. Advisory Board.
COMMISSIONER FIALA: So moved.
COMMISSIONER HALAS: Second.
CHAIRMAN COLETTA: Motion by Commissioner Fiala to
declare the vacancy, seconded by Commissioner Halas.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
Page 48
June 12,2007
CHAIRMAN COLETTA: The ayes have it, 5-0.
Item #9C
RESOLUTION 2007-153: APPOINTING BARBARA BUEHLER
TO THE PARKS AND RECREATION ADVISORY BOARD-
ADOPTED
MR. MUDD: Next one is an appointment of members to the
Parks and Rec. Advisory Board.
COMMISSIONER FIALA: I make the motion to approve Bart
Zino and Barbara Buehler, Balor. I'm not quite sure the
pronunciation.
CHAIRMAN COLETTA: Okay.
COMMISSIONER HENNING: Second.
COMMISSIONER HALAS: Second. Okay.
CHAIRMAN COLETTA: Motion by Commissioner Fiala,
second by Commissioner Henning to approve the committee
recommendation.
And 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.
Page 49
June 12, 2007
Item #9D
RESOLUTION 2007-154: APPOINTING MARK FENTON TO
THE ENVIRONMENTAL ADVISORY COUNCIL - ADOPTED
MR. MUDD: Commissioner, next one is 9D, appointment of a
member to the Environmental Advisory Council.
COMMISSIONER FIALA: Motion to approve Mark Fenton.
COMMISSIONER HALAS: Second.
CHAIRMAN COLETTA: Okay. Motion to approve by
Commissioner Fiala, second by Commissioner Halas.
Any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: Okay. Item E is going to take a little
more discussion, I think, than eight minutes. So why don't we take a
break and come back in 10 minutes, and we'll be all refreshed, and
Commissioner Coyle can carry on from there.
(A brief recess was had.)
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, Commissioners, you have a hot mike.
Item #9E
Page 50
June 12,2007
DISCUSSION AND DIRECTION FROM BOARD OF COUNTY
COMMISSIONERS REGARDING AMENDING ADVISORY
BOARD ORDINANCE 2001-55, AS AMENDED - MOTION TO
CLARIFY APPLICATION OF THE ORDINANCE AND TO
BRING BACK WITH AMENDMENTS - APPROVED
We are on 9E, which is a discussion and possible direction from
the Board of County Commissioners regarding amending advisory
board ordinance 2001-55 as amended. Commissioner Coyle's item.
CHAIRMAN COLETTA: Yeah.
COMMISSIONER COYLE: Okay. I've brought this up at -- I'll
tell you the origin of this request. Commission -- or county -- city
council member John Sorey is going to be running for reelection of
city council, perhaps. He is also on the Coastal Advisory Committee.
He will be required to resign ifhe wishes to run for reelection under
our ordinance.
And he asked me about this, and so I started looking at it. And I
said, well, if that's the case, there are a number of advisory committees
that commissioners are members of, and they would be affected by
this also. And I think this has unintended consequences.
I don't know why the ordinance was originally approved, but I
believe it was because some people were using advisory boards as a
platform for their political campaigns.
Maybe there's a different way of handling this. Rather than
forcing people off of the advisory boards, maybe we can just require
that if they are using it or if there's evidence they're using it for
political campaigns, that they are removed for cause. But to
automatically require that anyone who wishes to run for a political
office has to resign from all advisory boards, I think, is a bit extreme.
So I thought I would bring it up to see how you feel about it.
Maybe you have a different perspective and maybe you know of
Page 51
June 12,2007
another reason why we should not modify this ordinance.
CHAIRMAN COLETTA: Well, we have three commissioners
besides myself who wish to speak. I'm going to take the liberty of just
going first and asking County Attorney's Office to give us his opinion
on what Mr. Coyle just said, as far as commissioners being on an
advisory board and running for office.
MR. WEIGEL: Okay. Well, the ordinance was -- is purely an
instrument of policy, and so it's subject to any -- any direction or
redirection that the board may give.
In regard to commissioners sort of -- commissioners serving on
other committees, the interpretation and application through the years
has been commissioners have already, you know, been elected to the
Board of County Commissioners and, therefore, they are there and
have the ability to pontificate on issues of the county far greater than
the issues of any particular charge before an advisory committee -- of
an advisory committee. So from that standpoint, a practical
application, there's not been a problem with that up till now.
But as I indicated, this is purely an element of policy of the
board. It's been in place many years. It was adjusted last year with
Mr. Ski Olesky and his issues relating to serving on committees with
election -- potential election.
And the adjustment that the board made at that time was looking
to either identify positions in the Mosquito Control, things of that
nature, and/or positions of very low -- elected positions of very low
remuneration, I think, is approximately $4,000 or below.
That was just a best attempt, I think, fitting the facts at that time.
And again, it's a very flexible situation subject to your direction.
COMMISSIONER COYLE: Yeah. If I could, let me read the
statement. It says, no member of any county board shall become a
candidate for an elective political office and continue to serve on such
board during his or her candidacy. I don't notice that there's any
excC'ption for the Board of County Commissioners here, and maybe
Page 52
June 12,2007
that should be clarified.
I just -- I guess I don't understand the reason for it. If we have an
appropriate designee on our board, why would they become
inappropriate because they're running for reelection or they're running
for election? I don't understand the need for it, but nevertheless.
CHAIRMAN COLETTA: Okay. Let's query the other
CommISSIOners.
Commissioner Henning?
COMMISSIONER HENNING: Well, ifat the -- I think the
board just needs to clarify it, Commissioner Coy Ie. And if it's the
understanding of our legal staff that county commissioners are doing
this as part of their duty, whether to be served as a liaison on the
Productivity Committee or the Regional Planning Councilor the
Tourist Development Council, the same applies for city council
members who are serving on the Metropolitan Planning Organization
as their official duty, the CAC, or the Tourist Development Council.
It's plain and simple that this is about the duties of an elected
official. And if it applies to Board of Commissioners as understanded
(sic) by our staff, the clarity of the board, in my opinion, is it applies
to city council people, too.
COMMISSIONER COYLE: Okay. That would be sufficient
clarification for me. Now, how do we do that? But right now--
COMMISSIONER HENNING: We just said it.
COMMISSIONER COYLE: But right now Councilman Sorey is
going to resign from the CAC because of this ordinance because I
think he's been told he has to, and I think that has been the case in the
past.
COMMISSIONER HENNING: Well, we interpret -- and we
make law.
COMMISSIONER COYLE: Yep.
COMMISSIONER HENNING: And we just interpret it. I just
interpreted my opinion what it says.
Page 53
June 12, 2007
COMMISSIONER COYLE: Then I'll endorse that
interpretation. Is there anything else we need to do with respect to
that?
MR. WEIGEL: Well, I just want to make sure that we're all
clear, and not trying to be unclear about it, that by virtue of what I said
in regard to the Board of County Commissioners.
Now, it's the board that makes these appointments, as you know,
and recognizes vacancies based on the terms of the ordinance. And in
regard to someone running for office beyond the exception that was
carved out last year, in fact, there are two ways of resignation. One is,
it's an automatic resignation upon a declaration to run or, in fact, the
person may resign in anticipation of running.
But aside from that, Mr. Henning, Mr. Coyle, if the interpretation
to be applied, so it's clear to all, is that Board of County -- it does not
apply to Board of County Commissioners, therefore, it does not apply
to city council, how broad are you taking that? I'm just not quite clear
myself, and I may be the only one that didn't understand that.
COMMISSIONER HENNING: Well, if it is part of our duty,
and clearly in the TDC, Tourist Development Council, and the CAC __
I believe the CAC, there must be representation from, in this case, the
Naples City Council.
MR. WEIGEL: Yes, that's correct, okay.
COMMISSIONER HENNING: So clearly that would be
disruptive to the committee if Councilman John Sorey--
MR. WEIGEL: Okay.
COMMISSIONER HENNING: -- you know, resigned from it.
MR. WEIGEL: Okay. I think that application is correct. I
understand exactly what you're saying at this point. And what you're
indicating is that those committees to which there is a specific
representative from, for instance, the City of Naples, City of Marco __
CHAIRMAN COLETTA: -- City of Everglades.
MR. WEIGEL: Everglades, yes, I'm getting there, and relating __
Page 54
June 12,2007
and those types of committees such as the CAC, the MPO, the Tourist
Development Council, each of those, and perhaps some others,
recognize specific appointments from municipalities, as an example,
that those persons that are already elected -- again, tell me if I am
drawing too careful a line here -- that those persons already elected
and serving do not have to resign or be recognized as having resigned
by applying for reelection, and that is different than someone who is
running for election for the first time and has not been appointed
because of already being on a city councilor things of that nature.
COMMISSIONER HENNING: Correct.
MR. WEIGEL: Okay. I stress that to make the record clear for
all of us here, and I appreciate that.
COMMISSIONER COYLE: Is there a need to make any
changes to the ordinance to accomplish this interpretation?
MR. WEIGEL: I would suggest that we apply the interpretation,
but at the same time, that you, you know, give us the direction to
come back to make it even clearer in the ordinance.
CHAIRMAN COLETTA: Okay.
MR. WEIGEL: But I think you can apply it.
CHAIRMAN COLETTA: Let's go right down the line here. We
have Commissioner Fiala, then Commissioner Halas, then we'll come
back to you, Commissioner Coyle.
COMMISSIONER COYLE: Okay.
COMMISSIONER FIALA: Commissioner Henning stated
everything I agree with, so there's no reason for me to say anything
else.
CHAIRMAN COLETTA: And I agree with Commissioner
Henning, Commissioner Coyle, and Commissioner Fiala.
Commissioner Halas?
COMMISSIONER HALAS: I have some concerns in regards to
-- a person's on a committee and wants to get elected to a higher office
than the office that he presently retains, what happens with that? I
Page 55
June 12,2007
think we're heading for a -- down a slippery slope.
I had some problems with the -- moving where we did last year
with Ski Olesky, but I felt that because of the fact that he was, I
believe, on the mosquito board --
CHAIRMAN COLETTA: No, fire.
COMMISSIONER HALAS: The fire, okay, that it wasn't that --
wasn't going to be that much problematic.
But I do have a concern if you have someone on a board and he
wants to move up to a higher office level. I believe that person may
have a tendency of using that as a bully pulpit, and I've got some
concern with that. If he's retaining just the seat that he wants to -- that
he's presently holding, I could probably look at this favorably.
But if it's -- if we're going to change the ordinance to where the
person is going to move up, then I've got a problem.
CHAIRMAN COLETTA: Okay. Well, this is mainly just to be
able to bring it back at a future time where we're going to be able to
see the ordinance changes. So we'll able to study that and when it
comes back --
COMMISSIONER HALAS: Well, I'm just making--
CHAIRMAN COLETTA: Right, and we appreciate your
opinion very much, sir. And we're going to go to Commissioner
Henning, then I think we might have given sufficient direction or we
might want to put it in the form of a motion, whatever the county
attorney says.
COMMISSIONER HENNING: Yeah, Mr. Chairman, we did
clarify our ordinance. And I'm going to make a motion to clarify it in
writing by amendment of the ordinance to make it clear to the public,
city elected officials, and others, and so we do have some clarity.
And, you know, if it is an appointment to represent the body of,
in this case, the city council, and that person wants to go to a higher
ollice, I think public service is an honor and a privilege. And
somebody that wants to serve their community or their country, it is an
Page 56
June 12,2007
honor.
And I don't understand where Commissioner Halas is, but it's
about serving. And in this case, Councilman John Sorey is definitely
serving his community by being a voice on these different committees.
CHAIRMAN COLETTA: Okay. What about in the interim
while we're waiting for this ordinance to come together? I'd hate to
see Councilman Sorey have to resign while we're bringing everything
forward.
COMMISSIONER COYLE: I think what Commissioner
Henning is suggesting is that this discussion is a clarification for the
application of the ordinance and it should not be applied the way that
it appears to state.
CHAIRMAN COLETTA: Okay. So this won't come back to us?
COMMISSIONER COYLE: Not unless the county attorney
suggests some wording to emphasize. The county attorney has said
that based upon is this statement of policy by the majority of the
board, that we can actually apply the policy that Commissioner
Henning has just explained, and that if additional clarity is needed, he
can come back with some word changes.
Did I say that correctly, David?
MR. WEIGEL: You did, Commissioner. I think -- I think that it
probably -- for us now at this point in time and in the future, it
probably would serve us to provide those changes, but the
interpretation and policy application that the board has -- appears to be
about to direct to is clear, and I think specifically in regard to sitting
board members who are also municipal council members and things of
that nature, that there's no problem whatsoever at this point in time.
Mr. Halas questioned, interesting question, in regard to someone
serving higher -- moving to a higher office but who is already serving
a:" a -- as a, for instance, a city council member, is something that you
can consider either when we bring back the ordinance to either add
language or subtract language in that regard.
Page 57
June 12,2007
But it appears that the discussion today was in regard to sitting
members who are already elected and will be potentially running for
reelection.
Please tell me if you wish to make any further change in regard
to persons who are not -- well, if they're already on a committee but
not a city council type member already, do you wish to have any
interpretation or application for those persons? They're on a
committee --
CHAIRMAN COLETTA: Didn't we already cover that before as
far as people that were receiving --
MR. WEIGEL: Okay. The remuneration, call it the Ski Olesky
amendment.
CHAIRMAN COLETTA: For what the office was.
MR. WEIGEL: All right. That would work.
CHAIRMAN COLETTA: I believe we covered that before.
MR. WEIGEL: Okay. That is fine.
CHAIRMAN COLETTA: But let's do this. We've got
Commissioner Halas still, but I don't have a second for Commissioner
Henning.
COMMISSIONER COYLE: I'll second.
COMMISSIONER FIALA: Oh, I think I seconded.
COMMISSIONER COYLE: I thought Commissioner Fiala did,
too.
CHAIRMAN COLETTA: Oh, you did. I'm sorry. Okay.
Forgive me.
Okay. Commissioner Halas?
COMMISSIONER HALAS: So does that say that anybody that's
on any MSTUs or homeowners association, if they decide they want
to nm for public office, that they don't have to resign their position?
MR. WEIGEL: I have not heard that from the board yet. It
appeared --
COMMISSIONER HALAS: Well, I'm just trying to get some
Page 58
June 12, 2007
clarification where we're going with this thing.
MR. WEIGEL: We were discussing city -- the sitting city
council members that pertain to such things as the MPO, the TDC, the
CAC, and there's probably another committee or two that I may have
forgotten in that regard.
COMMISSIONER HALAS: So what's my fellow
commissioners feel if someone is -- just wants to get elected --
reelected to a seat, do you feel that if the person wants to move up in
the pecking order, that they still have the right to retain those
particular seats if they're on a committee?
CHAIRMAN COLETTA: Commissioner Coyle?
COMMISSIONER COYLE: Well, not if they're running against
me, no. But -- no seriously. I think that the way -- the way
Commissioner Henning has phrased this, is that it ties the membership
on the advisory board or committee to the person's obligations as a
sitting councilman, councilperson or commissioner.
If a city council member were to decide that they wanted to run
for county commission, I think it then becomes an issue for the city
council to decide whether they want to replace that person as their
designee on the advisory board and not necessarily ours, because then
if we are trying to interfere in people being able to do that, it appears
that we're using our office to eliminate political competition __
COMMISSIONER FIALA: Right.
COMMISSIONER COYLE: -- and I don't -- I don't personally
want to do that.
So I think the way that Commissioner Henning has phrased this
motion, it is -- is good because it ties the responsibility to the
governmental body that we're serving, that is, an obligation for the
chairman to be the chairman of the TDC when he becomes chairman,
and similar assignments are made.
Well, the cities select their members to be their representatives,
and once they have selected them, they become obligated to perform
Page 59
June 12, 2007
that function. And I don't think the idea that there's -- they're looking
for reelection or election to a higher office should interfere with that,
at least at our level.
CHAIRMAN COLETTA: Okay. Let's -- go ahead
Commissioner Halas, and we're going to moving forward,
COMMISSIONER COYLE: Maybe I didn't -- just one more
segment. It would not apply to just someone who is on a committee
who then wants to run for political office, okay? It doesn't apply to
the general public. It applies to people who are already elected either
at the city level or at the county level. That's the tie.
CHAIRMAN COLETTA: Okay. Commissioner Halas, then --
COMMISSIONER HALAS: If that's in the motion.
COMMISSIONER COYLE: Yeah, I think it is.
COMMISSIONER HALAS: The -- when I read this document,
how do you interpret the document that's before us today, ordinance
2001-55, County Attorney?
MR. WEIGEL: In regard to -- in regard to --
COMMISSIONER HALAS: What's--
MR. WEIGEL: -- the election aspect?
COMMISSIONER HALAS: Yes.
MR. WEIGEL: I think looking at the language of the document,
I would have interpreted that, in fact, there is a -- an automatic
resignation upon a -- upon a declaration of candidacy for election.
COMMISSIONER HALAS: Okay. Is that -- was that the intent
when the individuals that were involved in this process back in 2001,
is that what they were concerned about, or do you think it was
something that was overlooked?
MR. WEIGEL: I don't think that it was overlooked. I don't think
that the question relating to a city council member on such committees
as TDC, MPO, CAC, that require city representatives was
contemplated however.
COMMISSIONER HALAS: Okay. When this ordinance was
Page 60
June 12,2007
provided to be voted on by the sitting commissioners at the time that it
was voted, what was the main reason behind updating that ordinance
at the time? Was there some concern or any particular history that
was brought forth at the time that this ordinance was voted upon?
MR. WEIGEL: Well, this ordinance came as a successor
ordinance to a 1986 ordinance, 86-41, as amended, I recall. And Sue
may need to help me here, but I think that that provision may, in fact,
have been in the prior ordinance as well.
MS. FILSON: I believe it was 86-41.
MR. WEIGEL: Yeah. And so it's a long-standing thought, but
it's -- the thought process at the beginning is a little hard to remember
at this point in time.
CHAIRMAN COLETTA: Okay. Do you feel that the -- in -- the
direction that we're going today is getting away from what was
established in this ordinance?
MR. WEIGEL: Well, you're asking for opinion. Legally, of
course, you can do whatever you wish to do. It's really a policy
application here.
Is it different from what you had before? I think in the context of
addressing these particular committees which have required
assignments from city council, it truly has not been contemplated
before, and that's why I indicated earlier that the application
interpretation, based on a specific circumstance suggested by Mr.
Henning, is not -- is not inappropriate, and -- but I do think that the
language then should be clarified so that that application, which is
different from the application generally of people just running for
elected office who are not on such committees and not such council
members already, that's not going to be changed.
So from that standpoint, yes, it's a change from the policy of 21
years ago, but it's also -- it reflects, perhaps, the desires and reality of
the board today. I don't know that we had -- we certainly didn't have
TDC. I'm not sure about the MPO in '86 and some of these other
Page 61
June 12, 2007
things as well. So there's been some evolution of committees since
that time.
COMMISSIONER HALAS: Okay. Thank you very much for
your time.
CHAIRMAN COLETTA: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Now it brought up some concerns.
I'm running for office. I've announced. The board has elected me as
CRA chairman, and that's fine because that's an appointed position
that you've elected me to.
I'm also chairman of the Transportation Disadvantaged Program.
Been that for six and a half, seven years, but anybody could serve on
that.
I'm also on the executive board as well as the board of trustees
for the CREW, Corkscrew Regional Ecosystem Watershed. Now,
with what we've just said, because those things could be handled
really by any board member, do I need to drop off of them?
MR. WEIGEL: Well, I'm glad you asked the question because it
will sharpen our focus here. We're talking about elective office as
opposed to appointive office in regard to Mr. Sorey and those kinds of
Issues.
To the extent that you or any other commissioner may be
appointed to other positions outside of, obviously, your Board of
County Commissioners position and there is a conflict or potential
conflict with the -- with the operations in charge of being a
commissioner, that's -- that is an issue, but that's separate from the
ability to serve in the first place or not.
Sometimes a conflict may come based on a particular action or
activity of another committee that one might be appointed to or
serving on and -- but that is different that the idea of using an elective
office or a committee appointment here as the bully pulpit.
And as I indicated at the beginning of my discussion, this
ordinance is a Board of County Commissioners ordinance, and the
Page 62
June 12,2007
application has never been against county commissioners serving. It's
just never been applied that way.
COMMISSIONER FIALA: Thank you.
CHAIRMAN COLETTA: We have a motion by Commissioner
Henning, a second by Commissioner Fiala.
Any other discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none -- there is no speakers on
this?
MS. FILSON: No, sir.
CHAIRMAN COLETTA: Okay. Hearing none, all those in
favor, indicate by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Okay. Let the record show
Commissioner Halas in opposition.
Okay. Next item?
COMMISSIONER HENNING: Mr. Chairman, before we move
on, I understand Commissioner Halas is not going to be with us later
on in the evening.
I've been contemplating and I wish to resign, and, in fact, the
next agenda I'm going to have an item on the agenda to resign from
the Regional Planning Council for the others to consider maybe other
members, being my colleagues, to consider that a possible
appointment of that. And the only reason is, I just think it's fair for the
others to -- may wish to enjoy the experience of listening to regional
issues. That's all.
CHAIRMAN COLETTA: Fine.
Page 63
June 12, 2007
COMMISSIONER HENNING: I had you scared, didn't I?
CHAIRMAN COLETTA: No, not really.
COMMISSIONER COYLE: He was hoping.
CHAIRMAN COLETTA: In any case, we'll have that for
discussion at the next agenda. I would assume that would be the best
time for everybody to contemplate whether they'd like to be
considered to run for that position and move forward. So we'll put it
on the next agenda for discussion and to appoint a replacement for
Cornmissioner Henning.
Does that sound fair enough, sir?
COMMISSIONER HENNING: That's great. Thank you.
CHAIRMAN COLETTA: Yeah. No, thank you.
Item #9F
APPOINTING COMMISSIONER HENNING, COMMISSIONER
COLETTA AND COMMISSIONER COYLE AS REGULAR
MEMBERS TO SERVE ON THE VALUE ADJUSTMENT BOARD
AND SETTING THE DATE DURING THE WEEK OF JULY 23,
2007 FOR THE V AB ORGANIZATIONAL MEETING-
APPROVED
MR. MUDD: Next item is 9F, and it's an appointment of
commissioners to serve on the Value Adjustment Board and set the
date for the organizational meeting.
CHAIRMAN COLETTA: You know, since Commissioner
Henning's dropping off one, I think we ought to put him on this. And
I'll be -- if he agrees, I'll also agree to be on it.
COMMISSIONER COYLE: Okay. Motion to approve that
motion. All in favor, please signify by saying aye. Aye.
CHAIRMAN COLETTA: We need another one, so
Commissioner Coyle should be number three.
Page 64
June 12,2007
COMMISSIONER COYLE: Wait a minute. You only need
two.
MS. FILSON: No, Commissioners, I need--
CHAIRMAN COLETTA: Three. You're it.
MS. FILSON: I need three Value Adjustment Board members
and two alternates.
COMMISSIONER HALAS: I nominate Coyle.
COMMISSIONER COYLE: Okay. We have a--
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: Okay. We have a makeup of
Henning --
COMMISSIONER COYLE: Mr. Chairman?
CHAIRMAN COLETTA: -- myself and Commissioner Coyle
for the adjustment board.
COMMISSIONER HALAS: That's a fantastic organization.
CHAIRMAN COLETTA: It is. So we've got a motion from
Commissioner Halas and a second from Commissioner Fiala, right?
COMMISSIONER FIALA: Yes.
COMMISSIONER COYLE: There's discussion.
CHAIRMAN COLETTA: Three commissioners.
COMMISSIONER COYLE: Mr. Chairman --
CHAIRMAN COLETTA: We only got 55 minutes before lunch.
COMMISSIONER COYLE: You're going to be meeting in early
October, no later than October the 12th. I am going to be ill for the
entire three months of the latter part of this year.
COMMISSIONER FIALA: Too bad.
CHAIRMAN COLETTA: We'll allow you to attend by phone,
and we'll have a television hooked up, too, so we can watch every
movement you make.
COMMISSIONER COYLE: Okay.
CHAIRMAN COLETTA: Okay. And with that, all those in
fa'. or, indicate by saying aye.
Page 65
June 12,2007
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Too late.
CHAIRMAN COLETTA: Welcome to the family.
MS. FILSON: These meetings -- these meetings will last
probably no longer than an hour.
COMMISSIONER COYLE: I know. I've served on it before.
I'm just kidding.
MS. FILSON: So did you vote against it?
COMMISSIONER COYLE: Yes, I voted against it.
CHAIRMAN COLETTA: This is the first year you're not on it.
COMMISSIONER FIALA: I know. It's the first year I'm not on
this.
CHAIRMAN COLETTA: Oh, we need an alternate, don't we?
MS. FILSON: No, the other two commissioners are
automatically alternates. I need three regular members and two
alternates.
COMMISSIONER FIALA: Commissioner Coyle was
entertaining us.
CHAIRMAN COLETTA: Next item.
Item #9H
RECOMMENDATION FOR THE BOARD OF COUNTY
COMMISSIONERS TO DIRECT THE ROAD AND BRIDGE
DEPARTMENT OF THE TRANSPORTATION DIVISION TO
SPRAY HERBICIDE ON VEGETATION IN THE BOTTOM OF A
SW ALE/CANAL/DITCH THAT DRAINS APPROXIMA TEL Y
Page 66
June 12, 2007
1000 ACRE BASIN THAT INCLUDES THE BOYNE SOUTH
PUD, A PORTION OF US 41, AND SOME AGRICULTURAL
PROPERTY NORTH AND SOUTH OF US 41 - MOTION FOR
STAFF TO ESTABLISH A SET POLICY FOR CONSTRUCTING
AND THE MAINTENANCE OF STORMW A TER PROJECTS -
APPROVED
MR. MUDD: Commissioner, the next item 9H, and 9H is a -- the
Board of County Commissioners to discuss and clarify the stormwater
funding policy for the capital improvement program, and this is
Commissioner Henning's item.
COMMISSIONER HENNING: Thanks. The item that we
approved on the agenda yesterday about spraying herbicide on
vegetation on a ditch, canal, whatever, was really on private property,
and I think that we need some direction and at least give that direction
to -- what I'm hoping for is a consolidated ordinance to how we make
capital improvements and also, how do we improve that.
And I really would like to have some kind of maintenance
easement on properties if we're going to take it over. And if we don't,
I can tell you that I'm going to bring many of these maintenance items
in private communities for the county to take it over. We need to be
fair to all to enjoy the privilege of services that we provide.
The Board of Commissioners -- talking to our staff, the Board of
Commissioners approved a policy on how we do stormwater
improvement, and then subsequent, after that, we approved a slight
millage to do those capital improvements in there that was supposed to
be a cost shared.
Well, from what I understand, that we're not being able to meet
our goal for that cost share. So I think the board needs to hear the
reason why we're not meeting that and, if possible, give further
direction in that. But we need a consolidated working document that
our staff can work off of to provide such services. That's all.
Page 67
June 12,2007
CHAIRMAN COLETTA: Okay. Comments from anyone?
COMMISSIONER FIALA: Does Gene Calvert want to speak?
CHAIRMAN COLETTA: Sure. Gene, did you want to address
this in any way? I'm not too sure what we're looking for. Possibly a
change to county policy.
MR. CALVERT: For the record, Gene Calvert, Stormwater
Management Director.
I'm not exactly sure how to address the concerns of
Commissioner Henning. He certainly has some very valid concerns.
The -- to go back in history a little bit of where we're at with the
stormwater utility, back in 1991, the board and the county passed a
stormwater utility, but that was never funded. We had a utility
established for the maintenance and operation improvements of the
stormwater system, but it was never funded.
Then in 2004, through an executive summary, there was some
direction to come up with a funding policy which included taking .15
mills of dedicated ad valorem taxes going into the utility, and that
plOvided a mechanism where you could provide improvements, and it
was very specific there saying, we're going to have improvements
completed through that .15 mill.
After that, then in March, I believe it was, in 2005, the board
passed a formal resolution establishing that .15 mill dedicating the
funding for capital improvements.
We have been operating, you know, the last several years, last
three years, under that policy established in 2004 to try to bring
forward to the board capital improvements that meet the funding plan
that was established back in 2004. And the funding plan established a
cost sharing, recognizing that there was some burden, cost shared
burden, with private individuals or private communities, and looked at
having a cost share burden on our capital improvement program of
one-third grants, one-third MSTUs, and one-third county. Went
further on to say tertiary systems to look at 50/50 or one-half county
Page 68
June 12, 2007
and one-half grant.
We're finding over the next -- last few years, that it's becoming
very difficult, if not impossible, to follow the funding program strictly
as it was outlined in the program.
We're striving to look at ways that we can meet that local share,
meet that MSTD. Ifwe strictly go with MSTUs, no, we're not
meeting that program with strict MSTUs. We are meeting the
program or approaching it as we look at other items that might be
considered as local share under the MSTU; in other words, developer
contributions, easements that were granted for the project.
So as we look at our projects, we're looking at projects, total cost,
and looking at trying to balance that one-third cost with our total cost.
As we look at some of the programs that we're looking at in the next
few years -- particularly we look at the Gordon River water quality
park, that is certainly not a tertiary system, certainly a capital
improvement program, there are no MSTUs within that program.
However, we are getting close to 50 percent grant funding in
through that, but that doesn't follow strictly with our program.
So as Commissioner Henning referred to as, you know, maybe
we need to look at that program. I agree, maybe we should maybe
investigate it, have some discussion, and how can we massage this
funding program?
CHAIRMAN COLETTA: Yep. Okay. Commissioner Fiala,
then Commissioner Halas.
COMMISSIONER FIALA: Yes. In this particular case, I think
you're right, we have to establish some kind of a policy. Because this
particular case, for instance, nobody really owns that land. It's -- it
would be nice to be able to split the cost up amongst somebody, but
really the -- I think the park service has a little bit of it, but then the
rest of it is really not part of anybody's ownership. And so we have to
have a policy in order to pay for something.
In this case we're very fortunate it's a small amount. But we have
Page 69
June 12,2007
to have a policy. Then we come across Port of the Islands -- not Port
of the Islands, I'm sorry.
MR. CAL VERT: Port of Prince.
COMMISSIONER FIALA: Pardon me?
MR. CALVERT: It is Port of Prince.
COMMISSIONER FIALA: Port of Prince, thank you so much.
They know they have ownership of the canal except that everybody
there is poor as dirt and they can't afford to do it. Well, that's all well
and good, except that then if we don't have the system cleaned out,
we're not going to have a functioning water management system.
So I think we do need to put something in place to accommodate
situations such as I've just mentioned.
CHAIRMAN COLETTA: Commissioner Halas?
COMMISSIONER HALAS: I think that a lot of it hinges -- and
it's our -- part of our responsibility that it's the health, safety, and
welfare issue. I believe that -- my understanding on this particular
item that I think Commissioner Henning has some problems about is
that I think there was some cost share, and the cost share was that one
area there was a restriction, that you asked the developer to remove
some culverts. So it obviously cost them some money.
And what we're trying to determine is, once we applied some
herbicides here, that are we -- is it going to help increase the water
flow and not be as restrictive, and I think that's a responsibility that we
have as commissioners to make sure that we address the health, safety
and welfare of the community.
And I believe, as it says here, it's approximately a thousand acres,
and I'm not sure what all is encompassed in that thousand acres.
The other thing that you brought up is very interesting, is that since
we've established this stormwater authority, that it's put us in a
position whereby we are now able to get grants that we weren't able to
get before, so it's really a cost share in that aspect, and it's a problem
that's been here for 30 some years in Collier County.
Page 70
June 12,2007
And just recently we've been able to start addressing these
problems. All of us realize that the sheet flow of water in this county
basically is from the northeast down to the southwest, and that it's a __
it's a huge problem.
I believe the estimates are somewheres around $500 million.
And this has allowed us to -- for us to be in line for not only federal
assistance in regards to addressing the stormwater issue, but also it's
helped us to get help from the state also in regards to this.
So we may need some clarification, but I think that we also have
an obligation to make sure that we address the health, safety and
welfare issues. And if there is flooding and we don't -- can't find
someone to get involved in this thing, then we need to step up to the
plate and address the concerns and then later on we can figure out if
there should be some cost share involved in these issues.
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: Yes. If I remember statutes
correctly, is we're not allowed to use public funds to improve private
property unless we declare an emergency for that improvement or
whatever. That's what we did on Rock Road. But that's not really the
Issue.
The issue is, we need a working document for everybody to have
in their possession and how we fund capital improvement, stormwater,
and how we maintain it so it's applied to everybody. And I'm going to
make that motion that we direct staff to do that.
And about the water quality park -- Mr. Calvert and I talked
about that -- I see that as, it's a benefit to the whole community
because it's there to clean water before it goes into the public's estuary.
Plain and simple. That is a true public benefit to all.
But that's my motion, is just to give that direction so we can
come back and hopefully adopt something that is workable for
everybody.
CHAIRMAN COLETTA: See if Commissioner Coyle has the
Page 71
June 12, 2007
last word here.
COMMISSIONER COYLE: Yeah. I think I understand the
intent here. One of the things I'm concerned about is that if you
establish a firm policy, it's going to place an obligation on us to do
certain things such as, perhaps, fund it, and I'm not sure that we have
the ability to make commitments for additional funding on anything
with the state legislature and their plans to dramatically cut revenues
at the local level.
One of the benefits that we've had so far with this quasi
stormwater funding utility is that we can get grants, but we don't have
an obligation to provide a specified level of funding to it.
Now, if we create a more formal program and an ordinance, are
we going to have to specify a funding source and a quantity here?
And that's one concern I have.
The other -- the other issue is the one where we should not be
spending money on private -- improving private property. There is
always a potential that the people who own the private property won't
do anything with it to improve it and it might be crucial to our
stormwater system function, just like we have an ordinance that says
your grass can't be over, what is it, eight inches high or so, and if it is,
we'll go in and cut it, but we'll bill you for it and we'll put a lien on
your property if necessary for that cost.
That's not necessarily a bad way to handle some of these other
things either. People can be poor but their property is valuable.
Placing a small lien on that property does not cause them any
out-of-pocket expense that I'm aware of, anything that is substantial.
We would get that money returned if that property is sold sometime in
the future or the property owner can pay over a period of time in a
way that doesn't place an undue financial strain on them.
But I believe we do have to be consistent in the application of
these processes. We do it when we mow grass. The people might be
poor as dirt, but we'll go cut their grass and we'll charge them for it.
Page 72
June 12,2007
The same principles should apply in stormwater issues if we're going
to be fair.
And certainly in -- under current circumstances or impending
circumstances, I believe we're going to have to be pinching every
penny we have in order to just provide the basic services to our
citizens. And I don't think we can afford to create a class of people
who don't have to contribute. The legislature is doing enough of that,
and we don't need to add to that.
So I don't know if that's helped or complicated the problem.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: I'll answer that. It's complicated it.
In the case of Boyne South, the Boyne South people don't own the
land, but part of it apparently has to do with park service, right?
MR. CALVERT: That's correct. It--
COMMISSIONER FIALA: The rest of it, it was dug by a
farmer. It doesn't really belong to anybody, so what would you lien?
COMMISSIONER COYLE: Well, ifit doesn't belong to
anybody, then it ought to become county property and we ought to
take it over and do with it what we wish. And if we want to make it
part of our stormwater drainage system, then we do that and we do
whatever is necessary to make sure it functions properly.
Ifwe want to sell it sometime in the future to somebody, we can
do that, too. But if nobody owns it and nobody's claiming title to it --
I mean, it's got to be owned by somebody.
MR. CALVERT: The actual outfall ditch that flows south of
Boyne South is -- the middle of the ditch is owned -- half of it's owned
by the state park and the other by private -- a private farm.
COMMISSIONER COYLE: Yeah. So somebody owns it.
MR. CALVERT: Well, we obtained permission from state parks
to spray it.
COMMISSIONER COYLE: Okay. And we didn't get
permission from the farmer?
Page 73
June 12, 2007
MR. CALVERT: That I'm not sure.
COMMISSIONER HENNING: You did.
MR. CALVERT: It's really a maintenance issue, and I know
John Vliet, and he said it has been obtained.
COMMISSIONER COYLE: Okay. Then I don't know what the
problem is.
CHAIRMAN COLETTA: Okay.
COMMISSIONER HALAS: As far as I'm -- as far as I can see
here, that we need to -- it's a stormwater issue. Obviously it has a
great effect if the back of it is a thousand acres. So I think we just go
in there and do the spraying and send a bill.
CHAIRMAN COLETTA: You want to -- well, let's do this.
Let's get a motion on the floor to --
COMMISSIONER FIALA: There's--
CHAIRMAN COLETTA: -- at least explore what we're going to
do.
COMMISSIONER COYLE: Commissioner Henning --
CHAIRMAN COLETTA: Commissioner Henning, I'll give you
the opportunity to make a motion, since you're the one that --
COMMISSIONER HENNING: And I did and I'll restate it.
What it is, is the motion is to direct staff to have a consolidated
ordinance about constructing and maintaining stormwater, period.
COMMISSIONER FIALA: And I'll second the motion.
CHAIRMAN COLETTA: But that doesn't address the situation
before us.
COMMISSIONER FIALA: No, it doesn't.
COMMISSIONER HALAS: What--
COMMISSIONER HENNING: Yes, it does. It's going to come
back to the Board of Commissioners, to answer your question, for us
to discuss what's the staffs input on what's going to be in the
ordinance.
CHAIRMAN COLETTA: If! remember correctly, if the action
Page 74
June 12,2007
isn't taken on this particular property, time's of the essence? It's not
something --
MR. MUDD: No. Commissioner, Commissioner, let's make
sure we understand one thing. Commissioner Henning withdrew his
reconsideration, therefore your approval last week stands. We're
going to go out there and spray it and spend $2,500. The money we're
spending is operational money in the road and bridge. It has nothing
to do with the stormwater project. We've confused two issues on
funding sources. It has nothing to do with stormwater policy as far as
funding's concerned.
Gene's money didn't go into that $2,500 spraying. John Vliet's
money did, okay, in his aquatic control that he's got. So I just want to
make sure we draw that distinction.
CHAIRMAN COLETTA: Fine.
MR. MUDD: When he withdraw his reconsideration, that item
became approved.
CHAIRMAN COLETTA: I understand now.
MR. MUDD: So now the issue that Commissioner Henning
wanted to talk about --
CHAIRMAN COLETTA: So we --
MR. MUDD: -- was strictly setting policy and getting an
ordinance together to make sure that we detail the actions of staff in
the future and how we go about doing stormwater projects--
CHAIRMAN COLETTA: Okay.
MR. MUDD: -- and their maintenance.
CHAIRMAN COLETTA: Did you have a second for
Commissioner Henning's motion?
COMMISSIONER FIALA: I did.
CHAIRMAN COLETTA: Okay. Commissioner Henning has a
motion to address this with a policy that will prevail in the future,
Commissioner Fiala seconded that motion.
Any other discussion?
June 12, 2007
COMMISSIONER COYLE: And it will come back to us for
review before it is approved.
MR. CALVERT: Oh, absolutely.
COMMISSIONER COYLE: Right? Okay, good.
CHAIRMAN COLETTA: 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: And the ayes have it, 5-0. Thank you.
Thank you, Commissioner Henning.
Item #9I
RESOLUTION 2007-155: APPOINTING GARY BEAUMONT,
WILLIAM LAWRENCE SCHRECK, DALAS DISNEY, WILLIAM
1. VARIAN, BRADLEY WILLIAM SCHIFFER, JAMES E.
BOUGHTON, 1. CHRISTOPHER LOMBARDO AND PAMELA
NICKELL WITH ONE (1) VACANCY TO THE FIRE REVIEW
TASK FORCE - ADOPTED; MOTION TO WAIVE 2 - BOARD
LIMIT FOR BRADLEY WILLIAM SCHIFFER - APPROVED
MR. MUDD: Commissioner, our next item is item 91. It's
appointment of members to the Fire Review Task Force.
MS. FILSON: And can I please make a few comments on this?
CHAIRMAN COLETTA: Please.
COMMISSIONER HENNING: No.
MS. FILSON: Pamela Nickell, who's the last one listed on the
Page 76
June 12,2007
executive summary, I have her as not being registered. She sent me
her registration yesterday. She is registered.
CHAIRMAN COLETTA: Okay. But you don't have any
speakers for this item?
MS. FILSON: No, sir.
CHAIRMAN COLETTA: Thank you very much.
Mr. Mudd?
COMMISSIONER COYLE: I have a question.
CHAIRMAN COLETTA: Yes. Commissioner Coyle.
COMMISSIONER COYLE: There are not enough members
from the fire departments.
MS. FILSON: In the backup I put an email from the secretary of
the fire department asking me to throwaway one of the applications.
I then called the applicant. He said, no. He didn't want it thrown
away. He still wanted to be considered, and that's why I put the note
on the executive summary that it says the task force membership shall
be comprised of nine members, including but not limited to. So I'm
assuming you can appoint members that don't represent the fire
department.
COMMISSIONER COYLE: Well, I'm still confused.
MR. MUDD: Commissioner, you had nine members, if I
remember correctly, three of which were going to come from the Fire
Steering Committee. They chose not to participate.
COMMISSIONER FIALA: Oh.
MR. MUDD: Okay. And I can't be any more blunt than that.
Their absence of applications in your particular packet and to the
announcement basically says that they chose not to participate.
Mr. Lombardo, a Commissioner at the North Naples Fire District,
decided to put his application in. Fire Steering Committee didn't like
the fact that he put his application in and wanted his application
withdrawn.
Mr. Lombardo chose not to have it withdrawn.
Page 77
June 12,2007
COMMISSIONER COYLE: You've got to be kidding me.
MR. MUDD: Sir, that's where we are.
MS. FILSON: And I put the email in the backup for you to
reVIew.
CHAIRMAN COLETTA: Okay. Let's go to Commissioner
Fiala.
We'll come back to you, Commissioner Coyle.
MS. FILSON: But it also says that the membership shall be
comprised of nine members, including but not limited to, and then it
lists the three fire districts, the CBIA, the DSA.
COMMISSIONER COYLE: And we wonder why we can't get
them to talk to each other about consolidation.
CHAIRMAN COLETTA: Commissioner Halas?
COMMISSIONER HALAS: Ifwe include Pamela Nickell, then
what will happen here is then we end up with eight people on this
committee, because we're assuming that none of the fire districts want
to get on this, so it makes the panel kind of -- it puts us in a precarious
position here. So if we drop Pamela off, then we'd have a board of
seven to proceed and get something accomplished.
MS. FILSON: Correct.
COMMISSIONER HALAS: Or we can go out and readvertise to
try to fill that ninth position.
MS. FILSON: Well, if! readvertise, it would be for the fire
department, and they've already said no. And I emailed it directly to
all the chiefs and I made sure that they received copies of the press
release.
And I have one other comment while I'm here. If Bradley
Schiffer is appointed -- and I didn't include this in the executive
summary and I'm sorry -- he currently serves on two boards, so you'll
have to waive section 7 -- or 5C of ordinance 2001-55.
CHAIRMAN COLETTA: Did you want to go next?
COMMISSIONER HALAS: That's okay. He's the person that
Page 78
June 12,2007
should be on this because he's involved with the architecture, and I
believe he's also involved with the state fire board, so I think that
would be an added -- added item on -- in regards to trying to get
something accomplished here.
COMMISSIONER COYLE: I'm sorry. I'll make a motion that
we approve all of the applicants that we have, including Pamela
Nickell.
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: We have a motion by Commissioner
Coyle to approve all the applicants and --
MS. FILSON: And that's fine, but then I have one question. If
the fire contacts me and say they changed their mind, they would like
representation, then they'll have one member?
COMMISSIONER COYLE: There is no changing of minds.
We're making a decision right now.
MS. FILSON: But we'll still have one vacancy.
COMMISSIONER HALAS: We'll have one vacancy.
COMMISSIONER COYLE: I don't know that we want to have
one vacancy. It said -- can we change the number of members --
MS. FILSON: You can do anything you want.
COMMISSIONER COYLE: -- in this meeting also? Well, I
don't know if we can or not.
MS. FILSON: You can amend the reso.
COMMISSIONER COYLE: We had an ordinance that said it
would be comprised of nine members.
MS. FILSON: It's a reso., and they can amend it.
COMMISSIONER COYLE: Okay. You know, I'm not inclined
to play games with this stuff. Either people want to get on board and
cooperate and talk with each other or they don't. And we've got eight
people here who want to get together and talk about a problem, help
resolve it in the best interest of community. If the fire board doesn't
want to participate in that process --
Page 79
June 12,2007
CHAIRMAN COLETTA: Commissioner Coyle --
COMMISSIONER COYLE: They've had ample opportunity to
make this decision.
CHAIRMAN COLETTA: May I make a suggestion? Why don't
we leave the door open? In other words, down the road, we have that
vacancy there that if we want to readvertise it, we can.
I've got a feeling what's going to happen, once this committee
forms, you're going to find that the audience is going to be filled and
that the people that are in that audience, a lot of them would like to be
on it. But let's give them a chance to exercise with eight people, and
then we can come back and advertise for the ninth later. Would that
work?
COMMISSIONER COYLE: It's okay with me. I just think it's
outrageous.
MS. FILSON: Whatever direction -- but when I do advertise, is
it going to be someone representing the fire departments?
CHAIRMAN COLETTA: Why don't we leave that open for the
future? In other words, we recognize there's a vacancy, but we're not
going to readvertise at this time.
MS. FILSON: Okay.
CHAIRMAN COLETTA: That's my suggestion. But,
Commissioner Coyle, I think you're the one making the motion.
COMMISSIONER COYLE: It's okay with me. I've made
nothing -- made no statement in my motion that would indicate that
I'm trying to change the resolution. I'm just suggesting we appoint the
eight members who have applied. So if you want to leave that other
one open for later consideration, that's fine with me.
CHAIRMAN COLETTA: Okay. And in your second,
Commissioner Fiala?
COMMISSIONER FIALA: Yes.
CHAIRMAN COLETTA: Okay. Any other discussion?
COMMISSIONER FIALA: Yes.
Page 80
June 12, 2007
CHAIRMAN COLETTA: Please go ahead. I'm sorry.
COMMISSIONER FIALA: I'm just -- I'm just terribly
disappointed. I really felt -- I really have always felt very close to the
fire boards, the fire districts, and to the people involved, and nobody's
contacted me at all, which disappoints me.
Not only that, but we're trying to resolve an issue that directly
concerns them. And I just don't understand why they don't want to be
a part of the solution. It's sad. But anyway, I just had to make that
statement.
CHAIRMAN COLETTA: And I think when it comes down to it,
given enough time, they will come to the table.
COMMISSIONER FIALA: Oh, I hope so.
CHAIRMAN COLETTA: I mean, when these meetings start,
they're not going to want to be left out. They'll be there in the audience
and they'll want that one position filled by one of their members.
That's my own feeling. But with that, let's go ahead and take a vote on
this.
All those in favor of the motion, indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COLETTA: Opposed?
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Let the record show that
Commissioner Henning was in opposition; four for and one against.
COMMISSIONER HALAS: In that motion was that, we --
CHAIRMAN COLETTA: That included the Brad Schiffer --
COMMISSIONER HALAS: Brad Schiffer?
MS. FILSON: Oh, including waiving the term.
COMMISSIONER COYLE: Yes.
MS. FILSON: The two-board limit, yes.
Page 81
June 12,2007
COMMISSIONER COYLE: That's correct, yes.
CHAIRMAN COLETTA: That's correct for you, Commissioner
Fiala, right?
COMMISSIONER FIALA: Yes.
MR. MUDD: Now, does the two-board limit -- may I ask a
question?
MS. FILSON: Yes.
MR. MUDD: Two-board limit, does that require a unanimous
vote?
MS. FILSON: Oh, I'm sorry. You're right. That's correct.
MR. MUDD: And that went 4-1, so it can't be included, and I
think you need a separate motion in order to do that.
MS. FILSON: Yes. I'm sorry, you're right. Thanks for catching
that.
COMMISSIONER COYLE: Then I'll make a motion that we
waive the two-board limit for Mr. Schiffer.
COMMISSIONER FIALA: Second.
COMMISSIONER HALAS: And I'll second that.
CHAIRMAN COLETTA: We have a motion by Commissioner
Coyle to waive the two-board limit for Mr. Schiffer, and a second by
Commissioner Halas.
Any discussion?
COMMISSIONER HENNING: What about if! vote no, then
he'd be off of it, right?
COMMISSIONER COYLE: Yes, he's off.
CHAIRMAN COLETTA: That's pretty good. You got it right.
MS. FILSON: Or he'd have to resign from one of the other
boards.
CHAIRMAN COLETTA: Yeah.
COMMISSIONER HENNING: Isn't it great to be in control?
CHAIRMAN COLETTA: Well, some may differ with you on
that.
Page 82
June 12, 2007
COMMISSIONER COYLE: It was only that way when the
budget hearing was being done, right?
COMMISSIONER HENNING: Yeah, if I was only king.
CHAIRMAN COLETTA: And with that, all those in favor of the
motion, indicate by sayings aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
Opposed?
CHAIRMAN COLETTA: The ayes have it, 5-0.
MS. FILSON: Thanks for catching that, Jim?
MR. MUDD: No problem, ma'am.
Item #9J
DISCUSSION REGARDING ADDITIONAL FUNDING FOR
POSSIBLE TRAVEL TO TALLAHASSEE AND WASHINGTON
REGARDING TAX REFORM AND FEDERAL
APPROPRIATIONS - DISCUSSED; NO ACTION TAKEN
Next item on our agenda is 91. It's a discussion regarding
additional funding for possible travel to Tallahassee and Washington
regarding tax reform and federal appropriations. It's Commissioner
Halas's item.
COMMISSIONER HALAS: Yeah, as everybody knows, that
we've had a pretty heavy schedule, all of us this year. And, of course,
because of the way that our laws are in regard to paying for everything
as we go along, it's getting -- increasing more to address items such as
Page 83
June 12,2007
commitments that are placed upon us as commissioners to be involved
with neighborhood associations and other associations.
And, of course, I know I've ran into some problems this year
where I had to call on my uncle to the right of me to help me with
some expenses. But I think all of us now are in a position where we're
all basically in a bind where we need some additional expense money,
and of course we're not sure what's going to be taking place up in
Tallahassee and that we may need some additional monies and we
may need to look at possibly going to Washington, one of us or two of
us or whatever, for federal appropriations.
So what I'm bringing forth today is asking that we put in a travel
amount of five grand for all the commissioners, and hopefully that will
take care of it for the rest of the year. I'm sure it will. If it's not used,
if it's not spent, it will be returned back to the general fund.
CHAIRMAN COLETTA: Okay. And this would be money that
would be set aside, and then we'd -- okay, I understand where you're
coming from. I'll second -- I'm sorry . You got something to say
before I --
MS. FILSON: I just wanted to -- if the motion passes, I just want
to make sure that these funds are for anything at all and not just travel
to Tallahassee or Washington.
CHAIRMAN COLETTA: Commissioner Halas?
COMMISSIONER HALAS: Yeah. This would be in regards to
whatever -- let's say, when we have to pay for lunches and dinners or
whatever else when we are involved in items of interest that pertain to
our duties as county commissioners.
MS. FILSON: Okay.
CHAIRMAN COLETTA: Okay. I'll second your motion. I got
a feeling there's going to be quite a bit of discussion on it.
COMMISSIONER HALAS: Okay.
CHAIRMAN COLETTA: Let's go to Commissioner Coyle, then
Commissioner Henning.
Page 84
June 12, 2007
COMMISSIONER COYLE: How much additional money do I
have in my travel budget that I haven't already given to Commissioner
Halas?
MS. FILSON: District four has a balance of $749.67, however,
you are attending F AC conference, so you'll have to have per diem
and --
COMMISSIONER COYLE: So that's pretty much --
CHAIRMAN COLETTA: You squandered that money, man.
COMMISSIONER COYLE: No, I didn't. I gave it to
Commissioner Halas.
CHAIRMAN COLETTA: That's what I said.
COMMISSIONER COYLE: I would -- what I would propose,
maybe a friendly amendment, maybe we could have a special
assessment in the county for Commissioner Halas's travel budget.
CHAIRMAN COLETTA: That wasn't very friendly, sir.
COMMISSIONER COYLE: I'll tell you, I understand the need
for the funds, but I really am reluctant to start boosting our budget
here at a time when we're looking at severe cuts, and all the money
that has been spent on travel to Tallahassee and to Washington hasn't
stopped the legislature from reducing our budget. And in fact, we've
accomplished absolutely nothing by visiting Tallahassee. It does no
good to visit Tallahassee. They don't represent us. So it's just, I think,
throwing money away to spend much time going to Tallahassee.
If we have opportunities to influence grants and that sort of thing
in Washington, it would appear to me we could do that best through
our lobbyist there.
But I -- as much as I know, Commissioner Halas, how active
you've been in getting us funding at the federal and state levels, I just
am reluctant to see us reduce (sic) our expenditures at a time when
we're going to be facing drastic cuts.
I will happily sacrifice 50 percent of my entire travel budget for
next year to be used by the other commissioners as they see fit, you
Page 85
June 12, 2007
know. And if that helps you in any way, helps you be more effective,
I'm happy to do that.
And -- but I really honestly can't grant myself and others an
additional amount of money to be spent on travel at a time when we're
going to be scratching for every penny we can get to keep essential
services going in Collier County.
CHAIRMAN COLETTA: Okay. Commissioner Henning, then
Commissioner Fiala.
COMMISSIONER HENNING: It's time for us to go on a diet,
not increase our intake. You know, we're going to be doing cuts this
budget season. What kind of message are we sending to the public or
the workforce in Collier County government that you can't have but
we're going -- we're going to take.
And the second thing, it always has been the policy of the Board
of Commissioners that the chairman, the chairman of the board, is the
spokesperson and always has traveled to Washington, D.C.
And there is concerns of the public in the media about working
outside of sunshine, and we need to stop this. We need to make sure
that meetings that take place are recorded for everybody to see what
happens.
And, you know, boys and girls, it's time to live within our means
and not increase it. And I'm not supporting the motion, plain and
simple.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Sue, how much do I have in
my budget?
MS. FILSON: You have $2,025.16.
COMMISSIONER FIALA: Okay. So maybe I could give
Commissioner Halas 1,500 of mine.
COMMISSIONER COYLE: Never mind. I'll pay for it out of
my own pocket.
COMMISSIONER FIALA: No, no, no, no, no. I've got that
Page 86
June 12,2007
money left, and I'm surely not going to do it, but --
COMMISSIONER HALAS: I'm all set.
CHAIRMAN COLETTA: You're withdrawing your motion?
COMMISSIONER HALAS: Yeah. I'm withdrawing my
motion.
CHAIRMAN COLETTA: Okay. There's one misconception
that I want to get cleared up right now. When I've gone to Tallahassee
many times in the past -- and this year I only went once because, like
many other commissioners, I was very frustrated by the process -- it is
not something that I do with great enjoyment or glee. It's something
that I do as a sense of duty.
If the budget was relieved and I was told not to go, my life would
be considerably simpler as far as the operations go. It is not my idea
of a good time to have to travel that great distance, to have to put up
with the crowd, to have to be away from my wife, my home.
And so I just want the misconception removed from this room
right now that is something that's done with enjoyment, that there's
some sorts of benefit for these particular -- direct benefit from these
kinds of travels. There's not.
So I mean, with that, when the money's expended and we're out,
then so be it, you know, as far as it is.
But once again, Commissioner Halas has taken the lion's share of
the money for a very good reason. He's the one that devoted the most
amount of time to travel to Tallahassee. Probably puts more time in
than anyone commissioner.
He spends -- out of anyone given week, he's usually in the office
four days out of the week, if not five. Puts a lot of time into it and he
does it just for the betterment of everyone. It's not out of greed, it's
not out of selfish progression where he's trying to make himself better
off for the whole process. I'm sure he would just as soon be home,
too.
Commissioner Fiala?
Page 87
June 12,2007
COMMISSIONER FIALA: Yes. I have to recall when
Commissioner Halas and Jim Mudd went up to Washington for the
very first time, and they came back just -- just filled with all of the
news that they had gained, one of them being that there was so much
money that could be distributed -- distributed to other counties, and it
just hadn't been asked for. And if you're not there, you don't know
what's available, and that's when they started seeking other grants.
I think that that has been a great help to all of us, finding that
there's grant money available for our different programs. I've been
grateful to Commissioner Halas for going because I'm not going there,
and I think we needed somebody there. I'm glad Commissioner -- I
mean Jim Mudd went as well.
And so again, I'd love to offer my money for him to go there
because I think it is a help, so --
CHAIRMAN COLETTA: While we're on the subject, too, when
it comes to Washington, D.C., the most effective I've ever seen in
Washington, even more so than our lobbyist, is Jim Mudd. He knows
everyone.
You can't walk the streets there without people walking up to him
and recognizing him. I think that it might behoove us in coming here,
that if we wanted to go sometime in Washington, D.C., that we make
sure that Jim Mudd is the primary person that we send and we send
him as often as necessary. The contacts he already has in Washington,
D.C. is quite impressive.
I just wanted to share that with the rest of the group.
COMMISSIONER COYLE: But those contacts are with the
police department there.
CHAIRMAN COLETTA: Since you're a --
COMMISSIONER COYLE: They know him as Jimmy.
COMMISSIONER FIALA: Jim the hood.
CHAIRMAN COLETTA: Okay. Where are we with this? The
motion's been withdrawn, so I guess the subject, we're going to go
Page 88
June 12,2007
forward from there.
MR. MUDD: Commissioner--
CHAIRMAN COLETTA: I think we've said enough on it?
MR. MUDD: Yes, sir. It's withdrawn.
CHAIRMAN COLETTA: Now we're at our time certain,
correct?
Item #9G
RESOLUTION 2007-156: A RESOLUTION SUPPORTING THE
EFFORTS OF THE JUDICIAL SYSTEM TO ELIMINATE
IDENTITY THEFT - ADOPTED
MR. MUDD: Yes, sir, and that brings us to 9G, the item to be
heard at 11 :45. It's a resolution supporting the efforts of the judicial
system to eliminate identity theft, and this is Commissioner Fiala's
item.
COMMISSIONER FIALA: Oh, thank you. I was hoping Mike
Carr would be here.
MS. FILSON: I do have one speaker.
COMMISSIONER FIALA: Okay. Is somebody speaking for
Mike? No, huh?
CHAIRMAN COLETTA: Did you want to continue this to
another time?
COMMISSIONER FIALA: No, he knows -- he knows about the
time. So let me just say that we put together a resolution.
Judge Mike Carr has singled out a problem that we're dealing
with in our court system, and he's worked with the sheriffs
department, you can see them here, represented by three wonderful
guys. And what he wanted to do was just put a resolution together -- I
said I would love to be doing that for him -- that just more or less
emphasizes and supports his efforts.
Page 89
June 12, 2007
So let me read that. It's a resolution of the Board of County
Commissioners supporting the efforts of the judicial system to
eliminate identity theft.
Whereas, identity theft represents a threat to the citizens and
taxpayers of Collier County; and,
Whereas, it has become increasingly common for criminals who
have committed illegal acts to use an alias or borrowed name to
remain anonymous; and,
Whereas, as a result of inaccurate records reflecting false
identities, defendants are often treated as first-time offenders even
though they may have multiple arrests; and,
Whereas, names used as aliases may belong to innocent victims
creating a situation in which a criminal act is attached to their name,
alleged crimes of which they have no knowledge of; and,
Whereas, many criminals guilty of using aliases are also illegal
immigrants and the costs of their apprehension, trial, and incarceration
are borne by local governments and taxpayers.
Now, therefore, be it resolved by the Board of County
Commissioners of Collier County, Florida, that the board supports the
efforts of the court, the sheriffs office, the State Attorney's Office, and
the clerk's office, to work together to find a solution to these illegal
activities.
This resolution adopted this day, 12th of June, 2007, after
motion, second, and majority vote, Board of County Commissioners,
Collier County, Florida, James Coletta, Chairman.
And I would like our board members, please, to vote with me in
favor of this resolution, and I make a motion to approve.
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: Motion by Commissioner Fiala for
approval, second by Commissioner Coyle.
And we have one speaker but we also have commissioners that
want to speak. Commissioner Henning first, Commissioner Halas
Page 90
June 12,2007
second. Did you want to go before the speaker or before?
COMMISSIONER HENNING: Well, before. I think pretty
much introducing the speaker. I could be wrong though. The -- great
resolution, but I think the sheriff has -- already have a solution to that.
I went to a conference, I believe it was last week, recognizing this
particular issue and the cost associated, which Commissioner Coyle
brought up before.
And so, you know, if the sheriffs department doesn't have a
problem with the resolution, I mean, I'll vote for it, but I think they
already have the solution, so maybe we ought to hear from them.
COMMISSIONER FIALA: Yeah. I think this is just supporting
their efforts, all of their efforts, but -- and actually that's what I was
doing was supporting everyone's efforts.
CHAIRMAN COLETTA: You'd like to have the sheriffs
department comment on this?
MS. FILSON: The speaker is Kevin Rambosk.
CHAIRMAN COLETTA: Oh, I'm, sorry. It's an introduction of
Kevin, okay.
MR. RAMBOSK: Good morning.
COMMISSIONER FIALA: My hero, Scott Sally, right here.
CHAIRMAN COLETTA: Thank you.
MR. RAMBOSK: Kevin Rambosk, Undersheriff, Collier County
Sheriffs Office. I am here representing the sheriff. He is in
Tallahassee today watching the tax reform discussions and will let us
all know how they're progressing through the day.
He has asked me to read into the record a letter which, with your
permission, I will do.
Dear Commissioner Coletta, I appreciate the efforts of the Board
of County Commissioners to recognize the importance of protecting
the citizens of Collier County from exploitation and victimization by
criminals that are using false and fraudulent identification.
Since the beginning of this year, 11,004 people have been
Page 91
June 12, 2007
arrested in Collier County. The Collier County Sheriffs Office
identified and charged 136 of those arrested as providing false names
to law enforcement when arrested, and 69 were charged with a
possession of false or fraudulent identification document.
While the percentage of those giving false names to law
enforcement during the arrest process or using false identification is
small, 1.8 percent, we are committed to determining the true identify
of each inmate to the fullest extent, as records and technology will
allow.
Prior to June 1, 2007, the sheriffs office relied on an
identification verification system that included a two-finger fingerprint
check and a records check. While a portion of this system provided
immediate results, a key process -- a key part of the process
sometimes took two to three days to check all available databases and
return a response.
On June 1 st, statewide technological changes initiated by the
Collier County Sheriffs Office in September, 2006, connected the
automated fingerprint identification system, or AFIS, to state and
federal data bases.
Fingerprint queries now receive a response typically within two
hours with a complete criminal history of the arrest. Arrested persons
are not permitted to post bond until a response is received from the
Florida Department of Law Enforcement.
In addition to this identification confirmation process, a
distinctive cover sheet with a history is provided to the courts for the
24-hour hearing. We continue to evaluate technology to improve the
authenticity of identity.
In 2006 I approached the United States government Department
of Homeland Security in order to secure enforcement of federal
immigration laws in Collier County.
In 2007 the Collier County Jail facilities were inspected and
certified as compliant with federal regulations regarding the
Page 92
June 12,2007
processing of criminal aliens.
We now have three United States customs -- immigration and
customs enforcement agents assigned to our jail facility as part of a
criminal alien program and detention and removal office or CAPDRO.
These agents are specifically assigned to interview arrested criminal
aliens, verify their identity, and then remove them from the country.
Since January 1,2007, a total of 128 criminal aliens have been
processed by ICE, and 52 have had United States Marshal Office put
holds on them.
Today 251 inmates are reporting through self-admission that
they're in the United States illegally. This represents 20 percent of our
jail population today.
I am committed to continue to develop partnerships and programs
that assist with and support our local, state, federal, and international
resources in performing these necessary duties in removing criminal
aliens from our country. I have been relentless in pursuing this
concept so that our community is not to be victimized by convicted
criminal aliens.
I remain dedicated to protecting our citizens, upholding our laws,
and preserving our quality of life.
Sheriff Don Hunter.
COMMISSIONER FIALA: Thank you so much.
MR. RAMBOSK: Thank you.
COMMISSIONER FIALA: And you sure are. We're always so
proud of all of you guys, I would like to add. Thank you.
MR. RAMBOSK: Thank you.
CHAIRMAN COLETTA: Commissioner Halas, then
Commissioner Coyle.
COMMISSIONER HALAS: That was on another subject.
CHAIRMAN COLETTA: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Kevin, could I ask you a couple of
questions, please?
Page 93
June 12, 2007
MR. RAMBOSK: Sure.
COMMISSIONER COYLE: Are all the sheriffs in all the
counties in the State of Florida doing this?
MR. RAMBOSK: No, sir, just Collier County, so far.
COMMISSIONER COYLE: That's exactly the point.
If you don't mind, Commissioner Fiala, I'd like to add a couple of
things here. In addition to the wonderful job that the Collier County
Sheriffs Office is doing, Guy Carlton, the tax collector, and the clerk
are also doing a good job at the driver's license stations. They are
catching a number of people who are using forged identification, and
the Collier County Sheriffs Office is, in many cases, arresting those
people right there on the spot, so they're all working together to do
this.
Now, we in Collier County are paying a minimum, a minimum,
of $57 million every year, $57 million every year out of our taxes goes
to pay for people who are in this country illegally. They're
committing crimes. They're using our healthcare services. We have
thousands of illegal alien children in our schools. It is very, very
expenSIve.
But what we're doing in Collier County to help reduce this
problem is not being done by the other counties in the state. So people
who are in this country illegally who want to get a driver's license
merely have to drive up to Fort Myers, get into Lee County or Hendry
County, another county, and they can go through the process of
getting those documents just like they always have.
There is no statewide program to do the things that our sheriffs
department and our tax collector has done in Collier County, and that
is a crime in itself.
It's been six years almost since the 9/11 attacks, and our state and
federal government still has not gotten their act together. And while
we're having to pay for it locally, legislators at the state level are
threatening to rip out as much funding as they possibly can from local
Page 94
June 12, 2007
government. I'm sorry to expand upon that --
COMMISSIONER FIALA: You're absolutely right.
COMMISSIONER COYLE: -- but the public has to know what
is happening. At the local level agencies like the sheriff are trying to
do a good job, and the state and federal authorities are simply not
doing their job. In fact, they're interfering with the process almost
entirely.
And with that, I'll close because I just noticed Judge Carr walked
in. If you'd like to recognize him, Commissioner Fiala; you
mentioned him earlier.
COMMISSIONER FIALA: Yes, I did. Would you mind, Mr.
Chairman --
CHAIRMAN COLETTA: Yes, please do.
COMMISSIONER FIALA: -- if Judge Carr came up and just
gave us a brief, just --
CHAIRMAN COLETTA: Your choice, sir, whichever podium
you want.
JUDGE CARR: I'll use this one. I think I remember this one.
Okay, hi. I want to thank you guys for the very kind proclamation or
resolution or whatever.
I guess I could answer any questions, if you have those, to start
with. The problem we're facing in the courts is identity theft. We
have folks appearing in front of the Court and sometimes they have
used multiple names and date of births in the past. And we're all
charged with trying to be fair and just, and you can't be fair and just if
the person in front of you has got four or five aliases which you're not
aware of, and in some cases an awful lot of criminal records. This
hurts everybody in the system.
We have a steady stream of people coming in saying, my name's
been borrowed. I've done nothing wrong, and now I've got a criminal
record. Judge Greider, on her own initiative, crafted a model order for
us to sign and send off to Tallahassee trying to restore the driving
Page 95
June 12, 2007
records of people whose names have been violated by being borrowed
by defendants who use multiple -- multiple names.
It's a chronic problem, and the sheriffs department's trying very
hard to help. I know that the clerk's office is trying, State Attorney's
Office is trying. But I think if we focus a lot of attention on it,
hopefully it will get better.
Any questions about what's going on, I'll be glad to answer.
CHAIRMAN COLETTA: Commissioner Henning, you got your
light on.
COMMISSIONER HENNING: Yeah. Judge, you came in a
little bit late. Knowing that the sheriffs department -- and I'm sure
you're not aware of this -- they have developed a relationship with the
federal government to address the exact thing that you're concerned
about and also address the things that Commissioner Coyle has
brought up.
And I think this -- a proclamation is appropriate, but I think that
the issue is already being dealt with, so I'm not sure what other that
can be done, but I know there is a safety committee.
Commissioner Coyle, are you on -- what's the name of that committee
with the sheriff and the judge?
COMMISSIONER COYLE: Public Services Safety Council.
COMMISSIONER HENNING: Public service --
COMMISSIONER COYLE: Public Safety Council.
COMMISSIONER HENNING: Right. And maybe this
proclamation is directed in the wrong area. Maybe that proclamation
needs to be dealt with with that -- with that committee, and maybe
talking to Sheriff Hunter, you'll find out what he's doing right now to
address your concerns, valid concerns.
JUDGE CARR: They've been very, very helpful. I've talked to
Judge Hayes, who's been very helpful, and he's going to be working
with Judge Ellis and will be setting up a meeting with the sheriffs
department, the Clerk of the Courts, State Attorney's Office, to try and
Page 96
June 12, 2007
iron out procedures so that we don't have a continuing pattern of folks
appearing in front of the Court pretending to be one person and having
multiple identities. It is a chronic problem.
The sheriffs department's done a great job of moving toward a
solution with the use of fingerprint technology. They can take -- and
they can explain this a lot better than I can. They take a full set of
prints at the beginning when someone's booked in. And if we can
make sure that those prints are used to compare the prints of who we
have here, we should be able to solve the problem of somebody
standing in front of the Court with multiple records, where you have
some people with four and five and six and seven files opened under
aliases, your sentence should be based upon the record you have,
yourself, have managed to develop. If you've committed a bunch of
priors, it needs to be based on your whole record, not just the fact that
you're walking in and saying, today my name is John Smith. It was,
you know, Paul McGillicuddy yesterday. I mean -- and it really is -- it
really is a chronic problem, and the sheriffs department's trying very
hard, we all are.
COMMISSIONER HENNING: Well, you know, I think it's
more appropriate to direct a proclamation to the Public Safety
Committee instead of Clerk of the Court and the sheriff and so on and
so forth because really that committee is dealing with issues just of
this nature and trying to reduce the cost at the urging of Commissioner
Coyle on the public. So I would hope that you would amend that,
your proclamation, to direct it to that committee.
COMMISSIONER FIALA: It's a resolution, and I haven't -- I
don't think I directed it anyplace, but --
COMMISSIONER HENNING: Well, I mean, now therefore be
it proclaimed.
COMMISSIONER FIALA: Oh, I see, that the board supports the
efforts of the Court, the sheriffs office, the State's Attorney's Office,
and the clerk's office to work together to find a solution.
Page 97
June 12,2007
COMMISSIONER HENNING: Yeah. And I think just directing
it to the Public Safety Committee is -- would --
COMMISSIONER FIALA: You mean to add Public Safety
Committee?
COMMISSIONER HENNING: Well, either add, but we're
talking about the same people who are on this Public Safety
Committee.
COMMISSIONER COYLE: And others. There are other people
that have been mentioned here. Just send a copy to it.
COMMISSIONER FIALA: Yeah, that's fine.
COMMISSIONER COYLE: And I'll make sure it's distributed
and we can discuss it. If you don't mind -- I don't know if you're
finished yet, Commissioner Henning, but I --
COMMISSIONER HENNING: No, one other thing. I got my
boat registration, so --
JUDGE CARR: I'm not going to comment -- I'm not going to
comment. I have nothing to do with that.
COMMISSIONER COYLE: They have to be registered?
JUDGE CARR: I can't comment about cases that have been in
front of me. That would not be appropriate.
COMMISSIONER COYLE: Yeah. Let me say that the Public
Safety Coordinating Council is trying to do something on a broader
basis. I have invited the other Public Safety Coordinating Councils
from other counties to join us in a regional meeting because what I
want to do is extend what we're doing here to other counties, you see.
And here's the problem. Although the sheriffs department and
other constitutional officers have been able to work with federal
authorities to do what they're doing, this hasn't been mandated for all
counties in the state. It hasn't been mandated for any county in the
state. It is -- it originated right here, and Judge Carr has brought focus
on the -- into this area.
We need the state and the federal governments to start mandating
Page 98
June 12, 2007
these kinds of programs in every county and every state in the nation,
and they're not doing it.
JUDGE CARR: I'm going to second what you're saying. And
one of the things I will do with this thing if we do manage to come up
with a nice tight package to help eliminate this problem, I'm going to
personally see that the attorney general, Bill McCollum, gets a copy of
whatever we're doing.
I think Collier County may be taking a lead statewide in solving
the problem. I'm sure this problem exists in every other county, and I
haven't heard of anybody doing the kind of work we're doing in trying
to close this gap. So I think you may be leading the -- leading the
charge.
COMMISSIONER COYLE: Yeah. And Guy Carlton is
frustrated because no other county does these things. They accept
documents from anyplace.
JUDGE CARR: The sheriffs been a leader for a long time, and I
think this is all going to --
COMMISSIONER COYLE: Yeah. And we do need to get the
county -- the state government and the federal government to start
paying attention to this issue, and they're not, they really are not. And
you would agree with that, I think, Judge Carr.
JUDGE CARR: I would agree with you. This needs to be
solved, and it's a real problem and it's getting worse. It's getting worse
rather than better.
COMMISSIONER COYLE: Yeah, yeah.
CHAIRMAN COLETTA: Okay. With that, we have a motion,
we have a second.
Any other discussion?
(No response.)
CHAIRMAN COLETTA: Hearing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
Page 99
June 12, 2007
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: Thank you very much for being here
today.
JUDGE CARR: Thanks.
CHAIRMAN COLETTA: 5-0.
COMMISSIONER FIALA: Thanks for bringing it to our
attention.
JUDGE CARR: Oh, thanks as always, and God bless you.
CHAIRMAN COLETTA: And with that, we're going to break
for lunch. We'll be back here at 1: 10.
(A luncheon recess was had.)
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
CHAIRMAN COLETTA: Mr. Mudd, I see the next item, it says
after one o'clock, so I think that's -- we've probably got a little bit of
leeway on that?
MR. MUDD: Yes, sir.
CHAIRMAN COLETTA: Could we go to the issue -- I think
you're here for the golf cart?
COMMISSIONER FIALA: Golf cart.
MR. MUDD: Silver Lakes.
CHAIRMAN COLETTA: Oh, hi, Commissioner Fiala, welcome
back.
COMMISSIONER FIALA: Yes. I thought I'd drop by.
COMMISSIONER COYLE: Late again.
CHAIRMAN COLETTA: That particular issue, could we get to
that so we could have these people taken care of and then go on home.
Page 100
June 12, 2007
MR. MUDD: Yes, sir.
CHAIRMAN COLETTA: No, wait. Maybe save it for the last,
because if they go, we won't have an audience.
Item #lOF
TO RECORD THE FINAL PLAT OF SILVER LAKES PHASE
TWO-G - MOTION TO CONTINUE - APPROVED
MR. MUDD: Commissioner, that item is 10F, and that used to
be 16A 7. This item was continued from the May 22, 2007, BCC
meeting.
This item requires that ex parte disclosure be provided by
commission members. Should a hearing be held on this item, all
participants are required to be swear in -- or to be sworn in.
This is a recommendation to approve for recording the final plat
of Silver Lakes, phase two-G. And Commissioner Fiala asked that
this item be moved to the regular agenda.
CHAIRMAN COLETTA: Go ahead. Commissioner?
COMMISSIONER FIALA: Well, yes. Thank you for letting me
do this. Are you people from Silver Lakes?
AUDIENCE: Yes.
COMMISSIONER FIALA: Oh, well, welcome.
This particular one, we heard from a Mr. Jim Bach. Mr. Jim
Bach tells us that they -- the health department has not okayed their
pool, and apparently the -- Mr. Bach lives there in Silver Lakes. And
they're just asking us not to take any action, if we could, or not to
approve any COs until the work in there is done. And great shades, it
sounded like Glen Eagle all over again where, you know, sometime
you have to strong arm people just a little bit in order to get the job
done.
CHAIRMAN COLETTA: So are you going to--
Page 10 1
June 12, 2007
COMMISSIONER FIALA: So Joe Schmitt was in my office,
and I spoke with him yesterday, and maybe he can give you a little
idea of where we are.
MR. SCHMITT: Yes. Commissioners, for the record, Joe
Schmitt, your Administrator of Community
Development/Environmental Services Division.
I think just for history -- and this has been a long history on
Silver Lakes. You mayor may not recall, we had a PUD amendment.
There were issues between the residents and the developer. There was
a -- there was a long-standing legal dispute.
I think this is one of the last issues. It's been a known issue for well
over a year. It has to do with the size of the pool or the flows through
the pool.
The health department is fully aware of it, as is the developer,
and I believe the representative of the developer is here today to
speak.
This is approval of a final plat for the expansion, the last phase.
And I'm not sure where you want to go with this or where the folks
want to go with this as far as the residents. I would recommend we
approve the final plat but we withhold any building permits for any
positioning of new units, meaning the mobile homes, until the issue
with the pool is resolved.
COMMISSIONER FIALA: Joe, yesterday after I spoke with
you --
MR. SCHMITT: Yes.
COMMISSIONER FIALA: -- I found out that they're not going
to put mobile homes there. They're going to use it for RV parking.
MR. SCHMITT: RVs, okay.
COMMISSIONER FIALA: So then I guess we have to -- a
building permit wouldn't be needed, so we would have to hold COso
Would that be it?
MR. SCHMITT: Well, we would hold -- actually, with an RV,
Page 102
June 12,2007
the RV pads, I would -- I would have to hold the final approval of the
entire section because that is the final approval which would allow for
them to lease or market the -- these pads for R V s to be used, so there
-- there are no tie-downs or anything associated with the permitting if
they're for RVs.
So that would -- what I would do is allow them to proceed but
withhold any final approval of the development through my 800 series
inspections until such time as the -- the issues with the pool are
resolved.
We can go down that road or I can just not approve this final plat
at all and withhold it until the pool issues are taken care of.
And I kind of look to the guidance of the residents how they want to
go, because this -- as you all know, this has been a long dispute --
COMMISSIONER FIALA: Yes.
MR. SCHMITT: -- had to do with storage, had to do with
re-creation of preserves, moving of one of the sections of the green,
and this was --
COMMISSIONER FIALA: And now removing exotics.
MR. SCHMITT: Yes.
COMMISSIONER FIALA: I find out also that they were
supposed to remove the exotics over a year ago, and they're just sitting
there as well. So I think that we need to clean up this place and make
sure that it's done right before we give any further approvals.
MR. SCHMITT: And my -- I think my recommendation in
allowing them at least to go ahead and put this final section in and put
the pads in to at least get the developer in there so that hopefully they
can get done and turn the entire facility over to the residents.
But I'm kind of looking forward now to see where the residents
want to go with this. But I think in some way or form, fashion or
form, I can hold -- still hold the developer responsible, at least hold
the final approval and not allow any of the pads to be occupied until
such time as they -- the health department approves the pool.
Page 103
June 12, 2007
COMMISSIONER FIALA: And gets rid of the exotics and--
MR. SCHMITT: Oh, there will be other -- there are other things
that we have to do through PUD compliance, absolutely.
COMMISSIONER FIALA: Commissioner, could we -- could
we hear from the speakers?
CHAIRMAN COLETTA: You sure could. I'm sorry. Did you
want to hear from the developer or just the speakers?
COMMISSIONER FIALA: Well, we can hear from--
MR. SCHMITT: I think he signed up as a speaker as well.
MS. FILSON: I have two speakers, Mr. Chairman.
CHAIRMAN COLETTA: Okay.
MS. FILSON: The first one's William Bridgett, and he'll be
followed by Ann Thomas.
MR. BRIDGETT: Do I need to be sworn in?
CHAIRMAN COLETTA: No. We trust you. Just state your
name for the record.
MR. MUDD: No, no, Commissioner. We--
MR. BRIDGETT: Good afternoon, Commissioners.
MR. MUDD: Commissioner, if! can interrupt for just a second.
CHAIRMAN COLETTA: Yes.
MR. MUDD: I believe -- I believe that, should a hearing be held
on this item, all participants are required to be sworn in.
CHAIRMAN COLETTA: Oh.
MR. PETTIT: I agree.
MR. BRIDGETT: That's why I questioned.
CHAIRMAN COLETTA: Fine. Then in that case, would all
those people wishing to participate in this stand at this time and be
sworn in by the court reporter.
(The speakers were duly sworn.)
CHAIRMAN COLETTA: Yes, please continue. Wait. Do we
need disclosure?
COMMISSIONER HALAS: Ex parte.
Page 104
June 12,2007
CHAIRMAN COLETTA: Ex parte on the part of the
commISSIOners.
MR. PETTIT: Yes.
CHAIRMAN COLETTA: Okay. Let's start with Commissioner
Coyle.
COMMISSIONER COYLE: I have none.
CHAIRMAN COLETTA: Halas.
COMMISSIONER HALAS: Yes. I have meetings and emails
on this particular subject, and that's been going back some time ago.
CHAIRMAN COLETTA: Okay. Commissioner Henning?
COMMISSIONER HENNING: None, sir.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I've had emails, I've spoken
with the -- with the -- with the residents' lawyer, Tony Pires, and I've
spoken with one of the residents, Jim Bach, and I've spoken to staff.
CHAIRMAN COLETTA: And embarrassing but I seem to have
misplaced my cheat sheet that tells me exactly what I did. Oh, here
we go. I'm sorry, the original number was.
COMMISSIONER FIALA: 16A7.
MR. MUDD: 16A7, sir.
CHAIRMAN COLETTA: No disclosures. Thank you.
Would you repeat your name again for the record, sir.
MR. BRIDGETT: My name is William Bridgett. Commonly
known as Ted to the homeowners. I reside at 1381 --
CHAIRMAN COLETTA: You don't have to stand quite so
close. You can stand back a little bit from the mike. You'll be fine.
MR. BRIDGETT: I reside at 1381 Quintara Court, Marco Island.
I am representing Conquest Development as one of the developing
partners.
Just for the record, I would like to state that we have had
discussion with different agencies, county, particularly numerous
meetings with the Silver Lakes Homeowners' Board of Directors, and
Page 105
June 12,2007
at no time have we ever not committed to resolving the flow -- the
water flow, whether by building a third pool or correcting the one --
the original pool.
After meeting with the health department, Mr. Reck, it seems the
only decision is to build a third pool. I've been in contact with an
engineer to go ahead and do it, then we'll have to do the Site
Development Plan.
In all the meetings that we have had, I think from day one we
have committed the third pool. And as far as the health department
goes, we are committed. And for the record, I would like to state that
we realize that it's out of compliance. We are committed to handling it
in such a way as building the third pool.
I would like to -- I'm maybe getting ahead of myself, but
Commissioner Fiala mentioned something about exotics, and I am not
certain what you're talking about. I would appreciate it if you'd verify
that, because we do have a commitment with South Florida Water
Management on a conservation area annual reporting, annual cleaning,
so on.
COMMISSIONER FIALA: Yes, sir. It was explained to me
yesterday by Mr. Jim Bach -- and possibly one of the residents here
will be able to expound on that a little bit more -- but he said that the
exotics that were supposed to be removed had not been removed, and
exotics are like pepper hedge and --
MR. BRIDGETT: I'm quite aware of what they are.
COMMISSIONER FIALA: Okay, okay. And so, he said they
have never been removed, and apparently you have committed to it
and you were supposed to do that a year ago, and yet they haven't
been done.
And like you just said before, you said you committed to these
things, but sometimes a commitment, if it isn't carried through, doesn't
hold any water.
MR. BRIDGETT: With reference to the exotics, there is a plan
Page 106
June 12, 2007
with South Florida Water Management on the conservation easement
that we gave them last year -- I believe this year's report is almost due
to go in, that as far as I'm -- as far as I know, you know, it's been an
annual-- we've had them done annually.
COMMISSIONER FIALA: You had the exotics removed?
MR. BRIDGETT: Well, it's on a program with water
management that it's a five-year commitment, and it's -- this is the end
of the second year of it.
COMMISSIONER FIALA: Well--
MR. BRIDGETT: I don't -- really don't understand where they're
saying that there's exotics. I know if we look to the north of our
project, there is -- there is -- it's actually 300 feet to the north of the
road, which we have continually monitored and removed. On the
north side of that, there is numerous Melaleucas, whatever else there
is, but that is not our property. It's not part of Silver Lakes, and I
believe that you can -- we can verify that with water management, and
the reports have gone in.
COMMISSIONER FIALA: Okay. Let us hear from the resident.
MR. BRIDGETT: And I'm sorry if I'm running over. All I
would like to say is that, once again, that we are committed to the
water -- to the water flow issue.
COMMISSIONER FIALA: Give me a time frame, sir.
MR. BRIDGETT: Within the year.
COMMISSIONER FIALA: Okay.
MR. BRIDGETT: And I say within the year, if I'm excused to
go over my time limit. By the time we get the engineering, the plans,
the Site Development Plan, we're probably now going to run into
where everybody starts coming back into the park, and we would
prefer to be doing it at the point that -- maybe next April when
everybody's leaving.
COMMISSIONER FIALA: Well, as long as -- just as Mr.
Schmitt said, you know, you can begin some of the site development
Page 107
June 12, 2007
on the part that you're asking for right now, but you can't put any--
you can't lease it to anybody, you can't sell it to anybody, until your
commitments to these people are finished.
MR. BRIDGETT: I understand that with today's economics,
you're telling me that I can't build a pad and I can't sell it until I build a
pool; is that correct?
COMMISSIONER FIALA: Well, you can build a pad. You can
build a pad --
MR. BRIDGETT: But I can't sell them?
COMMISSIONER FIALA: No, uh-uh. Because, you see, what
we've had are -- and these commissioners can verify that -- we have
developers come in, they make wonderful promises, and then they
don't carry through with their promises. There's great commitments,
but a commitment is nothing more than a signature on a piece of
paper, and if they don't follow through, then who's left holding the bag
are the citizens.
MR. BRIDGETT: I'm fully aware of that. You know, as -- what
I'm saying is that -- in other words, the reason this pool has not been
built -- we actually put in a permit for a pool when it -- the issue came
up with the health department was when the pool was not big enough
to accommodate the flow.
So we had to remove that permit, or delay that permit, and wait
for the PUD amendment so we could go to a larger piece of property
to build a pool big enough to accommodate the flow. Now this--
actually this has been going on for two or three years. Now I feel that
what it is, I'm going to be penalized for something that I've committed
to since 1992.
COMMISSIONER FIALA: Well, if it's been 1992 and this is
2007, that's a pretty long period of time to fix the problem. I can
understand their frustration, sir.
MR. BRIDGETT: I agree with you, but -- I guess at this point
we don't want to get into that. I would appreciate meeting with
Page 108
June 12,2007
somebody and discussing that because, my opinion, it is not -- that
we're not fully responsible for the holdup. I believe we went three or
four years waiting to get something through so that we could complete
this.
COMMISSIONER FIALA: Well, we just want to make sure --
that's why we're voting on it today. We want to make sure that you
complete your agreement with them, and in a timely fashion.
MR. BRIDGETT: All right. I understand that.
COMMISSIONER FIALA: Mr. Schmitt, do you have anything
to add, please?
MR. SCHMITT: The only power I have is, of course, to
withhold the final CO for this. If we proceed with the final approval,
and based on your direction, I can withhold final CO, or which -- the
final approval, which would prevent any sales or marketing of these
until such time as the pool is sized to meet the requirements as defined
by the health department for the number of units on site.
It's either that or we continue this item until we can further
investigate and resolve, find out what the residents want. I have not
met with the residents on this, but as you well know, this has been a
long-standing case. There's been a court case involved in this
development. There was a settlement agreement, we did a PUD
amendment. So I'm not sure where the residents want to go with this.
I'm certainly taking any advice or counselor guidance that you want
to proceed -- or provide on this.
COMMISSIONER FIALA: Do you think it's a good idea to
continue it until you speak to everyone?
MR. SCHMITT: I would recommend you do continue it until I
have an opportunity to meet with the residents, find out what they
need to do. I know Mr. Pires represents the residents. Probably talk
to their counsel and find out how they want to proceed.
My greatest concern in all this was -- because I thought part of
this tract was part of the compliance agreement that needed to be
Page 109
June 12,2007
completed to, if I'm not mistaken, relocate the storage area that was
out in front on the front portion of the property that was part of the
agreement, to relocate those units as you first drive in. There were --
there were units off to the left, that that was part of the relocating of
the storage area as well. So I -- I thought all this was interconnected.
At least maybe -- we can maybe continue it until we can do some
more research.
COMMISSIONER FIALA: So we won't allow anybody to more
forward. I mean, they can started working on this pool thing, but we
won't --
MR. SCHMITT: Oh, absolutely.
COMMISSIONER FIALA: So the residents understand what
we're just saying, he can't move forward with anything until we give
him approval to do that, and we're not going to do anything more until
we meet with you folks and you tell us what the problems are, we
confer with you as to how they can be remedied, as long -- or, rather,
with the developer, and then we can more forward.
MR. SCHMITT: That's right. Once you approve the final plat,
then they go to precon. and they basically get a notice to proceed. If
you do not approve the final plat, we just stay where we are until we
get -- until such time as I bring this back and then you approve the
final plat.
COMMISSIONER FIALA: Until the commitments become
reality.
Commissioner, could we hear the one speaker?
CHAIRMAN COLETTA: We sure could, but let me just check
with Commissioner Coyle. Did you want to speak now?
COMMISSIONER COYLE: No. My question's been answered.
CHAIRMAN COLETTA: Okay. Sir, thank you very much.
MR. BRIDGETT: Could I have one more comment.
CHAIRMAN COLETTA: Please, sir, please.
MR. BRIDGETT: One of the main issues on this, I believe, is
Page 110
June 12,2007
that the plat -- all of the plat work -- the work that pertains to the
platting, I believe, expires the 30th of June. Does this mean that we
would have to reapply? I think that's a question for Joe, I guess.
MR. SCHMITT: The time frame on the engineering?
MR. BRIDGETT: No. The time frame on all your approvals.
MR. SCHMITT: We will continue --
MR. BRIDGETT: I believe it was 30th of June.
MR. SCHMITT: I will work with Mr. Kuck on this and we will
just continue the item. We'll deal with that through administrative
procedures.
MR. BRIDGETT: Thank you. I appreciate your time.
CHAIRMAN COLETTA: Thank you.
MS. FILSON: The final speaker, Mr. Chairman, is Ann Thomas.
MS. THOMAS: Thank you. Just for clarification, Jim Bach is
the president of our board of directors. He's more than just an
ordinary resident. I'm an ordinary resident.
I've been a resident at Silver Lakes for 11 years. I've been at
odds with Mr. Bridgett for at least nine of those 11 years. I have heard
many commitments that haven't happened.
Two years ago I was one of a committee that went to the board of
health to figure out what the problem was, what water flow was, and
we were told that there had to be a gallon a minute for each unit in the
park. At that time we were at 522 units and the gallonage was 320.
So according to Mr. Reck from the board of health, they should have
stopped building at 320.
At the last hearing I was at, which was when the PUD was
approved, there were certain restrictions placed on their approval of
the PUD amendment, one of which was correcting the water flow
problem by either enlarging the capacity of the two pools or adding a
third pool. This was to be done right after the PUD was approved.
The other thing was the clearance of the exotics from the 40 acres
north -- on the north boundary of our development. Part of that north
Page 111
June 12,2007
acres -- that north 40 acres is in litigation to see who owns it, if it
belongs to the developer or if it belongs to the people in the park as
common area with the rest of the common area that the park owns.
That has not been resolved. It's still pending.
As far as I know, in the last two years no one has been in that 40
acres and cleared out any exotics, as far as I know, and I'm there seven
months out of the year.
The third issue was a construction site in the front of the park,
which is used for maintenance equipment. That is also supposed to be
cleared and returned to normal once the developer is done and the 38
-- the 38 lots are completed.
We want the 38 lots done. It's an eyesore. There are piles of dirt.
There's weeds this high. We would like it finished, but we don't want
it finished unless these other issues are part of the permit. A CO is for
a building, if I'm -- that's my three minutes. A Certificate of
Occupancy on a building, not a lot; is that correct?
MR. SCHMITT: I'll answer the question, it would be a final
approval, similar to a CO, but it would be final approval for
occupancy of these pads once we do the final inspections.
MS. THOMAS: Okay. We have no issue with him finishing the
38 lots as long as it's subject to the other conditions. Thank you very
much.
MR. SCHMITT: And that was my concern as well. I know this
is part of an agreement, I think, to get the developer in there to get
done what needs to be done. We can hold his feet to the fire before
we allow for these things to be marketed. It's up to you all on how
you want to proceed.
COMMISSIONER FIALA: So Commissioners, I think I'd like to
just continue this and let Joe talk with the residents, put together this
agreement, talk with the developer, make sure everybody knows that
we're dead serious about getting this thing done, fixing up their
community, at the same time meeting their commitments, and then
Page 112
June 12, 2007
they can bring it back to us. So I make a motion to do that.
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: Okay. So we have a motion by
Commissioner Fiala, second by Commissioner Coyle.
I want to apologize to Mr. Pires. I moved this up on the
schedule. I didn't know that -- you probably were looking at us on
television and thought this was still a ways away, and by moving it up,
I know I threw you off balance. And I realize your attorney is here.
MR. PIRES: No need to apologize, Chairman Coletta. Thank
you. I apologize for my phone going off. I zipped in so fast --
CHAIRMAN COLETTA: For that we're going to fine you $10.
Okay. 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. Thank you very
much for being here today.
Mr. Mudd --
COMMISSIONER FIALA: The lady in the white jacket can't
leave.
CHAIRMAN COLETTA: No, you've got to stay.
UNIDENTIFIED SPEAKER: We'll bring her back tomorrow.
CHAIRMAN COLETTA: Mr. Mudd, let's jump around on this
agenda a little bit. We're going to lose Commissioner Halas in an hour
and a half, and there's some items here that I think may be something
that we could benefit by him being here. I would suggest we go right
to item K.
Page 113
June 12, 2007
Item #9K
ESTABLISHING THE PROCESS FOR THE SELECTION OF A
COUNTY ATTORNEY - TO BE BROUGHT BACK FOR
FURTHER DISCUSSION; BCC EXECUTIVE MANAGER TO
ADVERTISE AND TO WORK WITH PURCHASING, HUMAN
RESOURCES AND THE COUNTY MANAGER IF FURTHER
ASSISTANCE IS NEEDED - APPROVED
MR. MUDD: 9K, sir?
CHAIRMAN COLETTA: Yes.
MR. MUDD: Okay. 9K is a recommendation that the board
establish the process for the selection of the county attorney. It's
chairman's item. I believe Mr. Pettit is here to answer any questions.
CHAIRMAN COLETTA: Well, has everybody had a chance to
read the recommendations?
Commissioner Coyle?
COMMISSIONER COYLE: Yes, Mr. Chairman, I have read the
recommendations. And I really think the best way to deal with this is
to -- for the board to contract with a search firm and the board will --
should specify the qualifications which we should be looking for and
identify the skill set that would be appropriate for the search and then
let that search firm bring to us the best qualified people that they can
locate.
COMMISSIONER HALAS: I second that motion.
CHAIRMAN COLETTA: Okay. Discussion, Commissioner
Fiala, then Commissioner Henning.
COMMISSIONER FIALA: Yeah. That's just -- I was just going
to agree also, they think that that's the proper way to go. No politics
will get involved that way. It's -- and they can continue on. Even
though we're going into a summer recess, this can be taken care of. So
I do agree.
Page 114
June 12,2007
CHAIRMAN COLETTA: Commissioner Henning? I'm sorry.
COMMISSIONER COYLE: Okay. Yeah, I just -- okay, fine.
CHAIRMAN COLETTA: Commissioner Henning?
You stall much longer, I'm going to go back to Commissioner Coyle.
COMMISSIONER HENNING: So you're saying have the
commissioners' office manager put together --
COMMISSIONER COYLE: No. I think we should do all of that
in public session.
COMMISSIONER HENNING: No. I mean about putting
together an RP for a search firm?
COMMISSIONER COYLE: Yes, that's essentially what I'm
saying, but I'm not saying that our -- the director of our administrative
support services has to do that solely, but whoever we choose to do it,
it could be done through the purchasing department to make sure that
it meets the competitive requirements.
But what I'm suggesting is that we control the process and the
qualifications we're looking for rather than delegating that to someone
else.
COMMISSIONER HENNING: Correct, correct. I understand
that. So it's for the office manager to coordinate with the purchasing
director to put that --
COMMISSIONER COYLE: Or anybody else even in the legal
department.
COMMISSIONER HENNING: And is there any requirements
as far as how many candidates? You said the top candidates. Are you
saying half a dozen, bring back to us, or --
COMMISSIONER COYLE: I think that's something that we
should decide, perhaps, in a workshop or an open session.
COMMISSIONER HENNING: Okay. So this item is going to
come back so we can -- we can --
COMMISSIONER COYLE: Absolutely. I would suggest that.
COMMISSIONER HENNING: Do we have enough time to do
Page 115
June 12, 2007
this?
COMMISSIONER COYLE: I think so. And if we don't, I
certainly would be willing to -- I mean, I would support an effort to
work with David Weigel to see to what extent he would be willing to
extend his contract to fill any time that might elapse.
COMMISSIONER HENNING: Okay. So you just want to make
sure the process is well thought out and -- so that we get the best?
COMMISSIONER COYLE: Yeah. I -- what I'm trying to do is
to keep this thing in the public and make sure that any guidance given
to the search firm or any standards established for the search firm are
determined during public debate and handled pretty much the same
way we would handle it with any other procurement where nobody is
going to try to influence that search firm.
It's going to be a purely independent kind of thing and it will be
determined -- and we would then discuss, maybe with the person we
select -- for example, let's suppose we identify search firms, we send
out a request for a proposal and we get responses and then we select a
search firm. It's at that point in time that we might ask that search firm
what their recommendations are with respect to how many qualified
candidates they should bring back. They have a lot of experience in
doing this. They can provide us some useful guidance, and they will
have a chance to debate that and decide what's best for Collier County.
CHAIRMAN COLETTA: Okay.
COMMISSIONER HENNING: I'm onboard.
CHAIRMAN COLETTA: Okay. Mr. Pettit?
MR. PETTIT: Yes. My only -- excuse me. My only comment
is that I think one of the things that you will need to do is identify the
profile, the characteristics and skills and experience for the search firm
to work on. I get the impression we're not going to do that today, but
at some point in the future you'll have to do that in the sunshine and
work through that process for the search firm to be able to proceed
forward.
Page 116
June 12,2007
COMMISSIONER COYLE: Yes, absolutely.
MR. MUDD: If! can interject. Once that search firm -- you go
out and you advertise and you say you want to get a search firm to
look for a county attorney, or whatever position you're looking for,
when you pick the search firm based on price and quality, success
rates in the past, then that search firm's going to query this board on
what you're looking for your -- for the candidates to have to be
successfully chosen to be a county attorney so that he can go out and
search the thing and get the people that are qualified based on what
you want, traits, characteristics that you want for your county
attorney, and then they will go out there, and they'll start that national
search and advertise accordingly, and they basically know how to set
up that profile, but they'll ask you the questions so that they can do
that.
CHAIRMAN COLETTA: Any other comments?
MS. FILSON: And I do have a question. Did I understand that
you want me to work with purchasing to get the RFP for the search
firms? And if so --
CHAIRMAN COLETTA: I would say so.
MS. FILSON: -- all this advertising and stuff costs money and I
just wondered where that's going to come from.
CHAIRMAN COLETTA: Commissioner Coyle's travel budget.
I'm not too sure where to tell you for the funds for that. Where can we
get them, Mr. Mudd? Mr. Mudd's office.
COMMISSIONER COYLE: County manager will provide the
funds.
CHAIRMAN COLETTA: Yes, his travel budget. We'll find
them, right, Mr. Mudd?
MR. MUDD: Yes, sir, we will.
CHAIRMAN COLETTA: Okay. That's a good question to ask.
Money is very important. We can't make it work without it.
Okay. With that, we got enough direction? Ready to go?
Page 11 7
June 12, 2007
All those -- I'm sorry. Commissioner Halas, go ahead.
COMMISSIONER HALAS: Just to kind of throw it out there,
would it be good to have our office, as you suggested, or do you feel
that HR should be involved in this?
COMMISSIONER COYLE: You know, the experts are in HR,
quite frankly, but the experts about what the standards and the skill
sets are sitting on this dais, and I think what I would -- I would ask,
perhaps, the chairman to do is to task us with coming up with a list of
skills and qualifications which we think are appropriate. We can do
that independently. And then at some designated time in the future,
we could have an item on the agenda where we could discuss these.
We could share them with everybody. We could debate them, and
then we could reach agreement on what we think are the most
important.
COMMISSIONER HALAS: I guess my question was, instead of
putting the responsibility on Ms. Filson, putting -- put this on HR to
go through the process of getting the RFP put together to find this
headhunter firm. That was where I was going with that.
COMMISSIONER COYLE: I guess -- I guess my feeling is, I
was trying to keep from delegating the responsibility to the county
manager, that we should hold this responsibility. The county manager
has excellent resources to help us, and he's willing to help us,
including providing the funding. But I believe that our director should
be the one who coordinates that on our behalf.
COMMISSIONER HALAS: Okay.
COMMISSIONER COYLE: And if Ms. Filson feels the need to
go to HR, she should do so through the county manager, and the
county manager, I feel certain, will provide whatever assistance is
possible and that the purchasing department also -- we can just make
sure this is a procurement that proceeds along in accordance with the
provisions of our county procurement process, and that way we
exercise administrative control over the process while the county
Page 118
June 12, 2007
manager provides the expert advice that is essential to get it done.
COMMISSIONER FIALA: I totally agree.
COMMISSIONER HALAS: Yeah. You made the clarification
-- that made it very clear.
COMMISSIONER COYLE: Okay. Thank you.
CHAIRMAN COLETTA: And 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.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 5-0.
MR. MUDD: Mr. Mudd, what we're going to do, let's jump to
the -- we've got some big dollar items on 12A and 12B. I'd like to go
to them next. Just to make sure we can make best use of five
commissioners sitting up here --
MR. MUDD: Okay.
CHAIRMAN COLETTA: -- in the time we have left.
MR. MUDD: Okay. Commissioner, this brings us to item 12,
county attorney's report. 12A and 12B are related in some manner.
Michael, are you ready to do this item? I think he's trying to get Ellen.
So, Commissioner, he'll work 12A and B. Ifwe could -- if we
could maybe jump back to 9L -
Item #9L
RESOLUTION 2007-157: APPOINTING DAVID BUSER TO THE
Page 119
June 12,2007
COLLIER COUNTY COASTAL ADVISORY COMMITTEE-
ADOPTED
CHAIRMAN COLETTA: Sure.
MR. MUDD: -- while Ellen's coming down, we'll --
CHAIRMAN COLETTA: Okay.
MR. MUDD: And when we've got the appropriate staff from the
County Attorney's Office, then we'll jump right to it.
COMMISSIONER FIALA: Motion to approve the city
appointment, city representation for appointment of Davis -- David
Buser to the Collier County Coastal Advisory Committee.
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: Okay. We have a motion for
approval by Commissioner Fiala, 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.
I have no idea. How long would 10A take, Mr. Mudd?
COMMISSIONER COYLE: A long time.
MR. MUDD: It might take a little bit longer than we want to. So
let's try to do 10B, what do you think, golf carts?
Do we have any speakers on the golf cart item on 1OB?
MS. FILSON: Yes, sir. I have one speaker.
Page 120
June 12, 2007
CHAIRMAN COLETTA: Okay. Let's go ahead and do it. I
have some others that I have -- that I think are very important, too, but
let's go ahead with 12B (sic) since we have one speaker here.
Item #10B
RECOMMENDATION TO DISAPPROVE INSTITUTION OF AN
ORDINANCE TO ALLOW USE OF GOLF CARTS ON THE
COUNTY ROADWAYS OF THE ISLES OF CAPRI
COMMUNITY - MOTION TO APPROVE AN ORDINANCE -
DENIED
MR. MUDD: 10B is a recommendation to disapprove the
institution of an ordinance to allow use of golf carts on the county
roadways of the Isles of Capri community.
Mr. Bob Tipton, Traffics Operations --
MR. HALL: Oh, I'm sorry, Bob.
MR. MUDD: -- will present.
MS. HALL: I'm so sorry.
MR. TIPTON: Commissioners, Bob Tipton, Director of Traffic
Operations for the record.
A month ago a request was brought forward to the board by a
group of residents of the Isles of Capri to allow the use of golf carts on
public roadways within the community.
The traffic operations department was tasked to review the area
and report to the board as to the advisability of allowing golf carts on
public roads.
Florida Statute 316 dash 212 allows for the use of golf carts when
permitted by the agency which has jurisdiction over a roadway, but it
does require a determination of the safety of that operation and
specifically mentions considering traffic speeds, volumes, and
characteristics, which is what we looked at.
Page 121
June 12,2007
And as an aside, by definition in the statutes, a golf cart has a
maximum speed of 20 miles per hour, which comes into play later.
The Isles of Capri is made up of three islands and some houses on the
-- what would be the mainland. It's served by the Capri Boulevard,
which runs through the community. It's a mile and a half long, has
cul-de-sacs running out from it the -- with Capri Boulevard. Traveling
just about anyplace within this community requires either driving on
or across Capri Boulevard.
On Capri Boulevard we had three areas of concern traffic-wise,
the first area being the entrance to the community where traffic is
coming in from State Road 951; 45-mile-an-hour zone. As it comes
into the community it drops down -- the speed limit drops down to 30
miles per hour. Not all motorists do.
The second area of concern was with the first island there. It's an
area in which we have five 90-degree curves. These are marked
mostly 20 degrees as an -- 20 miles per hour as an advisory speed on
them. Three of these have fairly limited but legal sight distance on
them.
The third area is more of a residential area. Six-tenths of a mile
long. There's two curves in it, but it does allow traffic to pick up some
speed through there.
The roadway characteristics, the cross-sections are such that
when you enter the community, you're on a nice wide roadway with
II-foot lanes and a three-foot shoulder along there that's used for a
bicycle path, but then it quickly drops down to II-foot lanes with no
shoulders, and then into the residential area where you have mailboxes
and utilities right up next to the road, which really limits the recovery
area. The entire length of Capri Boulevard is marked as a no-passing
zone.
When we received the word of this request, we moved to take
some speed and vol -- traffic volume measurements. We did miss
season, but these were taken in May. We took data collection at two
Page 122
June 12, 2007
locations, in the north at the -- up near the entrance to the community,
and then in the residential area.
Both locations show that the median speed, that is, the point
where 50 percent of the people are driving below or above, both
locations exceed the speed limit of 30 miles per hour. In fact, up in
the northern portion where the speed changes, you're actually looking
at more of a 40 mile per hour as the average speed up there.
The volumes show -- there's a difference there. It shows that a
number of the trips are being -- are going to the commercial center.
That commercial center is actually the first island, the northernmost
island. That's where the marinas and the restaurants and the stores are
located. It's a presumed destination for most of the people entering the
community and within the community. It's also where four of the five
90-degree curves are located.
Curves in this area have, as I said, limited sight distance as you're
approaching them, and no paved shoulders. And in fact, we're getting
cases now of pavement drop-off, which will have to be addressed.
The southernmost curve is at the restaurant parking area where we
have diagonal parking on Capri Boulevard, and the drivers are backing
into the roadway. They seem to be able to handle backing into traffic.
I'm not sure they would be watching for golf carts, so they'd be much
harder to see.
Crash statistics in the -- on the islands, the community; for 2005
and 2006, there were combined five crashes. No severe injuries on
any of them. Three of them were single-car crashes. One was a bike
path crash and one was a right angle crash.
Locations of the crashes show that they were not clustered,
therefore, they're spread out evenly. We don't have a major problem in
anyone location, but if you look at the locations, they are in the curve
areas, which could be expected.
So in summary, our office, considering these factors, our concern
with Capri Boulevard and the golf cart use is the narrow roadways, the
Page 123
June 12,2007
lack of shoulders along the roadways, the speed differential between
the vehicular traffic and the carts can sometimes double. The cars
would be traveling twice the speed of the carts.
There no safe passing opportunities. You're going to have the
instances of -- where the golf carts are holding up traffic. Some
people get impatient. And then we have areas of -- where -- a number
of curves there where we're afraid that people would be encouraged to
pass in areas where they don't really have enough sight distance.
We also have the concern that travel in the community basically
requires the use of Capri Boulevard, and that is why staff
recommendation to the board is not to allow the use of golf carts on --
in -- within the island of Isles of Capri.
CHAIRMAN COLETTA: Fine. Let's -- would you like to go
ahead and make your presentation?
MS. HALL: Thank you. I appreciate it too, Bob. Because you
know safety's our number one concern.
CHAIRMAN COLETTA: State your name for the record.
MS. HALL: My name is Ann Hall, and I think you may recall
that I did bring the petition on behalf of the community in May, May
the 8th.
The only thing I'd like to do is let you know, first of all, that we
are very delighted and appreciate the time that Bob and the staff took
to come out there and analyze this because none of us have that
expertise, and we are simply making a request because this is actually
what's occurring right now, and we were trying to legalize it.
The second point that I'd like to make is there was never an intent
for any use of golf carts on 951 coming in during that 45-mile-an-hour
speed zone area. It's hard enough to travel as it is by bicycle and share
the ride -- or road, rather.
But what the intent was is that -- to legalize what is going on now
by having some kind of a legalization, then we could actually put
some meat into monitoring that.
Page 124
June 12, 2007
But what we were requesting was that the golf court -- that the
golf carts be used on the right-of-ways, not on the roadways. And
even though the right-of-ways -- the right-of-ways are very wide for
most of the part, even though we do run into the bike path and so
forth, we've lived there for 10 years. We walk the island every day
from front to back, except this morning, I didn't, and we've never had
any problems with people moving out of the way to let another one
through. It's not like a major thoroughfare through there.
The only other use would be on the road which are the individual
private homeowners along the streets, the residents. We actually have
four islands, and three of those are residential.
And so that was -- I just wanted to make sure that I was clear in
my bringing the petition to you because I don't have a golf cart, but
I'm speaking on behalf of the community who was hoping that we
would be able to approve this.
But we fully respect whatever your judgment call is on that, and
we would want you to know that we would certainly live within that.
I do think that the report that Mr. Tipton gave certainly points out a
need for some more law enforcement because if we're speeding and
exceeding, I would pretty much presume that most of them are the
people who live there.
And we do run a Coconut Telegraph. I actually operate that. So
I can assure you if that were to occur, it will get through the
neighborhood very quickly, and people will certainly maybe slow
down.
But if you do act in favor of the community's request, I can
assure you that we haven't had any trouble in the last 10 years since
we've lived there, and the island started in 1958. And from what I've
been told, golf carts have been riding on that island -- or those islands,
actually, since its beginning.
We just want to make sure that what we do is legal, and that was
the reason that we brought the petition to you. Thank you for the
June 12, 2007
opportunity to clarify.
CHAIRMAN COLETTA: Don't go yet.
MS. HALL: Okay. I won't.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: Yes. So I didn't even realize that.
So they've been using golf carts on there --
MS. HALL: Forever.
COMMISSIONER FIALA: -- for 50 years?
MS. HALL: Absolutely.
COMMISSIONER FIALA: And you've never had an
opportunity with a golf cart?
MS. HALL: Never.
COMMISSIONER FIALA: All you're trying to do is legalize
what you're doing?
MS. HALL: We just want to make sure that we can legalize it.
There are probably, at the most, 10 people who actually use golf carts.
Several ofthem bring them -- use them, you know, to drive to work.
We have very limited parking there. We don't have near the traffic
going in as Goodland does because they don't really have the wide
shoulders. There's no way to move around except on the streets there.
We weren't requesting use on the main thoroughfare, right on the
road. We were just requesting that we can go along with the bikes and
the path and move along the -- you know, the right-of-ways that are
there. People are courteous. They move out of the way. Most of the
time the golf carts just pull over to the side and let the pedestrians go
by.
And we're not talking about herds of people. We don't have that
large of an island or that large of a population. And even on the
commercial island, we don't have near the influx of people on anyone
given time as Goodland would have, for example, going to Stan's Idle
Hour. We've been there too, so we know kind of -- we have a pretty
good feel for what the community has, and we just never have had a
Page 126
June 12,2007
problem with it. But we do see that -- since we saw in the paper that
Goodland was doing it, we brought it to the commissioners because
we felt like, that hey, we've been doing it illegally, you know, and we
would like to do things up above -- aboveboard, so.
COMMISSIONER FIALA: You know, I just don't see a
problem. As long as they're doing it now and they've been riding on
these things 50 years, and they only ride -- they don't ride in the road.
MS. HALL: No.
COMMISSIONER FIALA: They only ride on the edge of the
road, and there's only a few of them, 10, I don't see why we can't just
approve it. It's not like we have a rash of golf carts riding around the
island.
COMMISSIONER HENNING: I'll second that motion.
COMMISSIONER FIALA: Thank you.
CHAIRMAN COLETTA: Okay. We have a motion by
Commissioner Fiala and second by Commissioner Henning.
If! may, I do have a couple of things. Mr. Tipton, if you would,
please. Ifwe legalize something that's illegal now, do we assume
some responsibility if -- for the conditions that may be? In other
words, if we say yes, it's legal, that the roads are sufficient to do it, are
we signing off?
MR. TIPTON: I'll let Scott address that, but I would say if
they're not going to ride in the road, then we -- there's no need to pass
an ordinance to allow them to ride in the road, perhaps.
CHAIRMAN COLETTA: Because I am concerned with the fact
that -- now, there's only seven people riding right now. But maybe the
other ones aren't riding because it's illegal. And if we do make it
legal, there may be a number of them coming up. I mean, if it's on the
side of the road, that would be one thing, but --
MR. TIPTON: Right.
CHAIRMAN COLETTA: -- we've seen examples where there is
no side of the road in the far end of the whole island.
Page 127
June 12, 2007
MR. TIPTON: Correct. In the statutes it defines roadway as the
travel lanes of the roadway -- of the road and not the right-of-way on
the side, the shoulders, whatever. And then in the ordinance for the
golf carts, it refers to use in the roadway.
So using the -- the statute 316.212, that would be for golf carts
being actually out on the road, and it would not be necessary to pass
that if we were just letting them on the right-of-way. But there's a
lawyer right there --
MR. TEACH: Mr. Chairman, Scott Teach, for the County
Attorney's Office. That's an important distinction. And where in
Goodland the board approved the operation of the golf carts on the
roadway because it was safely determined by traffic operations, in this
case the residents who are currently using the golf carts are using the
side of the road and they're using the bike path and sort of like a green
path.
And there is a Florida Statute -- and I don't have the site directly
on the tip of my mind right now, but it is a noncriminal infraction to
use -- to drive a motorized vehicle on the sidewalk in the car path.
So to the extent that's going on now, they may not have been cited for
it, but it is a noncriminal infraction of the Florida motor vehicle code.
So really what you're looking at here is the decision whether or
not to allow the operation of the golf carts on the roadway, I would
think, that's your choice here.
CHAIRMAN COLETTA: Okay. Commissioner Halas?
COMMISSIONER HALAS: No, the county attorney answered
my question. Thank you.
CHAIRMAN COLETTA: Okay. Any other questions or
comments?
MR. MUDD: Commissioner, I have one -- I have a comment.
And just so -- just so -- you vote on this, and whatever which way you
vote, you say, well, you didn't tell me about this, County Manager.
You have another golf cart issue coming up on Henderson Creek
Page 128
June 12,2007
Drive next meeting. I have a public petition and received it, and that's
when they're scheduled to petition the board about having golf carts
on Henderson Creek Drive by --
COMMISSIONER FIALA: But that doesn't enter into this one,
does it?
MR. MUDD: No, but I'm just letting you know, you have
another golf cart issue that's coming forward.
CHAIRMAN COLETTA: But the -- now the motion, is that to
be able to drive the golf carts on the road or just on the right-of-way?
MR. MUDD: This one is to drive the golf carts on Henderson
Creek Drive, sir.
CHAIRMAN COLETTA: No, no, no. Forget that one. I'm
dealing about the issue in front of us now down to Isles of Capri.
MR. MUDD: Commissioner, what you just heard from your
county attorney is the fact that if they drive on the sidewalk, that it's
an infraction, it's a Florida infraction, okay, and you don't have any
right to overturn that. So you only have one choice. You can put the
golf carts on the road or you have a choice of not letting golf carts on
the road.
Did I misspeak, Mr. --
MR. TEACH: Yeah, that's correct. I don't believe that this board
can legalize the operation of the golf carts on the sidewalk in the paths
which are currently forbidden under Florida law. So your choice is to
approve the operation of the golf carts on the roadway.
CHAIRMAN COLETTA: Okay. But right now we heard that
they're riding them on the sides of the roads in the golf (sic) path. So
we're going to legalize to use the roads and they're still going to be
riding it on the golf cart -- on the sides of the road --
MR. TEACH: Mr. Chairman, that's more an enforcement issue.
CHAIRMAN COLETTA: I understand. Commissioner Coyle?
COMMISSIONER COYLE: There is a third alternative, and the
third alternative is not to do anything, and that alternative will permit
Page 129
June 12, 2007
them to continue riding on the shoulder of the road and on the
sidewalks at their own risk of being ticketed. If they're doing it now,
they've been assuming that risk all these years.
So if we just do nothing, we do not create the safety hazard of
putting them on the road. The residents can continue to do exactly
what they have been doing since 1958, and if they, in fact, are ticketed
for driving on a sidewalk, then that's their own risk. They just have to
keep a sharp eye out for the sheriffs office, and they've apparently
been quite successful in doing that over the past 30 years or so.
MR. HALL: I don't think so. I think they just drive right by and
pull in and have lunch together.
COMMISSIONER COYLE: Okay. Well, that's a wonderful
working relationship.
So you see, if we approve the ordinance permitting them to drive
on the streets, then we create potential safety hazards.
Now, you asked the question, well, we've been doing it since
1958 and we haven't had any problem. Well, there are two reasons for
that. Number one, back in 1958 the automobile hadn't been invented
yet, and there just wasn't that much traffic there.
And if they've been driving on the shoulders anyway, well, of
course, they're not going to have any traffic accidents if they're driving
on the shoulders. But if we put them on the road, it's an entirely
different set of dynamics, and we might be talking about people losing
their lives.
But if they have been riding these golf carts on the shoulders all
of these years, why don't we just let them keep doing that and we don't
pass a law at all?
CHAIRMAN COLETTA: Well, we still have a motion on the
floor and a second.
COMMISSIONER COYLE: Okay. The motion -- the motion on
the floor was to approve this ordinance?
CHAIRMAN COLETTA: Right.
Page 130
June 12, 2007
COMMISSIONER COYLE: Okay. And does the motion still
stand?
COMMISSIONER FIALA: Yes.
COMMISSIONER COYLE: Okay.
CHAIRMAN COLETTA: And the second still stands, right?
COMMISSIONER HENNING: (Nods head.)
CHAIRMAN COLETTA: With that, let's go ahead and vote on
the motion.
All those in favor in the motion, indicate by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Okay. Motion failed.
We don't need a second motion. I mean, we're about back where
we were at square one.
COMMISSIONER COYLE: Yeah. They should just continue
doing exactly what you're doing and --
CHAIRMAN COLETTA: Without our blessing, of course.
COMMISSIONER COYLE: Yeah.
COMMISSIONER HALAS: At their own risk.
COMMISSIONER COYLE: Yeah.
MS. HALL: Thank you very much.
CHAIRMAN COLETTA: Thank you.
Let's go to the county attorney's item there, if we're ready for
that.
Item #12A and Item #12B (Companion Items)
Page 131
June 12, 2007
A PROPOSED SETTLEMENT RELATING TO PARCEL 132 IN
THE CONDEMNA TION LAWSUIT STYLED COLLIER
COUNTY V. PANTHER KEY, LLC, ET AL., CASE NO. 06-1456-
CA (COUNTY BARN ROAD PROJECT NO. 60101)-
APPROVED
AN OFFER OF JUDGMENT IN THE AMOUNT OF $1,250,000 AS
TO PARCEL 132 IN THE LAWSUIT STYLED CC V. PANTHER
KEY, LLC, ET AL., CASE NO. 06-1456-CA (COUNTY BARN
ROAD PROJECT NO. 60101) - WITHDRAWN
MR. MUDD: Commissioner, two linked items. First is 12A. It's
a recommendation to approve a proposed settlement relating to parcel
132 in the condemnation lawsuit styled Collier County versus Panther
Key, LLC, et ai, case number 06-1456-CA, which has to do with the
County Barn Road project, number 60101. Fiscal impact is $746,050.
The item 12B, this is a companion item to 12A. It's also Panther
Key proposed settlement to be considered if the settlement is rejected,
which is 12A. It's a recommendation to approve the offer of judgment
in the amount of$I,250,000 as to parcel 132 in the lawsuit styled
Collier County versus Panther Key, LLC, et ai, case number
06-1456-CA, again, the county road project. And the fiscal impact of
12B is $505,300.
CHAIRMAN COLETTA: Do you have to read anything in the
record?
MS. CHADWELL: Yes, Chairman, I would. This is Ellen
Chadwell for the County Attorney's Office.
I just want to clarify something. There are two companion items,
as Mr. Mudd has read. The second item is an offer judgment. I don't
want this board to consider that as an alternative settlement because
the property owners, through their attorney, have made it more than
clear that they would not accept our offer of judgment in the amount
Page 132
June 12, 2007
of$I,250,000.
I am requesting that you authorize it so that I can shift the cost
from going forward to trial. I also believe it's in a range that, to me, is
a good settlement, anywhere between 1.2, 1.3 million dollars. Is it
possible that they may accept it? Yes. But I -- they've made that clear,
and I wanted to make that very clear to this board before you made
any decisions.
I'm going to go forward and present the item unless I hear
otherwise. Okay. This -- the first item is 12A, and it is a proposed
settlement that -- in a condemnation case entitled Collier County
versus Panther Key, LLC.
This is a case that you should know is set for trial, specially set,
the last four days in August. We were ordered to mediation in this
matter. Mediation failed. Subsequently a settlement conference was
held with Kevin Hendricks, myself, and the attorney for Panther Key.
At that time settlement was reached subject to this board's
approval, and this is what we're presenting today.
The -- I put on the visualizer an aerial that shows you the parent
tract and the parcel that we have acquired. It's important that you
understand, we've already acquired title to that western striped portion
of the property, which is 4.36 acres. We acquired title to that on
December 1, 2006, through the condemnation process.
That left the owners of that property with a five-and-a-quarter
acre remainder. You can see the -- there's a tail that connects to
County Barn Road. That was designed that way to provide them with
access to the rear of the property once the pond site was built, and
that's exactly what we acquired this parcel for. It's for a pond site for
the County Barn Road project.
Both appraisers -- the owner has hired an appraiser, obviously we
have an appraiser. They both agree that in the before condition, the
highest and best use for this property was multifamily residential
development.
Page 133
June 12,2007
They both agree in the after condition, after the county came in
and took its pond site, that the remainder is now suitable for
single- family residential development. This is an Estates zoned
parcel, so it would be eligible for two single-family lots, two and a
half acres apiece, roughly.
As a result of the change in the highest and best use, both
appraisers have concluded that there is a damage to the remaining
property, and that damage is what the owners seek to obtain through
the trial process. They're entitled to that also under the Florida
Constitution, any diminution in value to the remaining property.
That kind of explains to you where we are, the basic facts to this
case. At this point I want to explain to you why Kevin Hendricks
believes -- and I suspect his recommendation on this. We believe this
is a good settlement for the county.
I think if you look at it from -- you can look at this from two
perspectives. I've looked at it from a purchase perspective. As a
result of this settlement, you would own the entire tract. If you -- you
would own the entire tract for $1.4 million. That's significantly less
than its appraised value by either their appraiser or our appraiser.
Their appraiser has appraised the entire tract $1,972,000.
Initially, before we got into suit, there was some discussion about
purchasing the whole property, and the owner at that time offered to
sell it for $2.3 million. So it's certainly significantly less than that.
But most importantly, when I look at these in terms of what I'm
willing to recommend to the board, I look at it from a litigation
standpoint. I look at it from your exposure.
I've looked at the worst-case scenario based on what I know their
expert opinions to be at this point in time and heading into trial.
Assuming that they get a verdict in their favor, the total exposure to
the county would be $1,923,200 based on my estimation of their costs
and our defense costs in going forward to trial.
So I look at that total exposure. I also look -- having been to
Page 134
June 12, 2007
mediation, I've gotten a good picture of the strengths and weaknesses
of their case. Weare two and a half months out from trial so we have
-- both have a good idea of our relative positions.
I look at the probability of the verdict in a trial setting. I look at what
I think the dollar amount is going to be for compensation, and I also
consider, you know, the offer that I made at mediation, which was -- I
think we left mediation at $1,150,000. So those are all considerations.
In this instance, as I said, starting off, in my opinion, any
settlement in the range of 1.2 to 1.3 million dollars is a good
settlement in this case. Here you're -- they're asking for 1.4, but in
exchange, you're going to get a five-and-a-quarter-acre parcel.
Do we have an immediate use for that land? I can't sit here and
say that we do. It could be used for on-site mitigation for this project.
That would require the permit be modified. It could be used for
off-site mitigation for some other project in this vicinity.
Those are probably not the highest and best uses for this
property. It's also -- meets the criteria of Conservation Collier, and I
know that they have expressed an interest or willingness to look at it
should the county own the parcel. Ultimately you may end up, if you
owned it, surplussing it and selling it as two single-family lots.
But in exchange for 100- or $150,000 above the settlement that
I'm prepared to recommend as part of the offer of judgment, you're
getting a tangible asset. I -- to me I think it's an appealing -- it's a very
appealing offer.
I understand that there are different ways of looking at it, but to
get something in exchange for your dollars on a settlement of
litigation, to me, is infinitely better than paying for a claim based --
you know, a claim based on a level of proof.
Those are dollars -- and costs, too. Let's not forget the costs that
are going to the experts, and my experts and theirs and attorney's fees.
So that's why I think it's worthy of this board's consideration.
That's why Mr. Hendricks thinks it's worthy of this board's
Page 135
June 12,2007
consideration.
And at this point, I think I've probably said all I need to say on
there. You will see in the executive summary that although the
settlement is for 1.4 million, I've broken out what it will ultimately
cost the board, bottom line, to the taxpayers, and that's important.
I think also one thing I do need to mention is that this
five-and-a-quarter-acre parcel has been appraised or considered to be
valued anywhere between 440,000 and roughly $700,000. So it's not
an insignificant asset in exchange for the monies that you're throwing
on the table for settlement, and I think that's important to note.
Their own appraiser who, let's remember who he's working for
and what his objective is in the whole matter. He believes that the
remainder is worth $440,000 as is in the after condition. So I think
that's an important point to make.
I believe I have covered everything I have to say. If you have
any questions.
CHAIRMAN COLETTA: We have a speaker. Why don't we go
with the speaker first.
MS. FILSON: Mr. Chairman, we have one speaker. James
Boatman.
MR. BOATMAN: Good afternoon. My name is Jim Boatman. I
represent Panther Key. I just wanted to amplify the fact that my client
will not -- would not be accepting the proposal for settlement if that is
the direction that the county chooses to go.
And I didn't want to present that as a way of being belligerent or
trying to direct the county's decision-making. I wanted the county to
have the most information possible in terms of deciding which course
of action to take.
So my clients asked me to convey that to you respectfully, and
that's all I have for now. If! can facilitate during the consideration, I'll
be available.
CHAIRMAN COLETTA: Thank you, sir.
Page 136
June 12, 2007
MR. BOATMAN: Thank you, sir.
CHAIRMAN COLETTA: Okay. Commissioners?
Go ahead, Commissioner Coyle.
COMMISSIONER COYLE: I have a question. It seems that the
offer has been rejected before we approve it -- extending it.
MS. CHADWELL: He's referring -- I'm sorry, Mr. Coyle. He's
referring to the offer of judgment, which is the --
MR. MUDD: 12B.
MS. CHADWELL: -- companion item. That item is to be
considered in the event you reject his proposal. He referred to it as a
proposal for settlement because offer of judgments, it's a vernacular
expression, and -- he's referring to that.
COMMISSIONER COYLE: Well, tell me what's going on here.
Ifwe approve item number 12A, are you going to accept it or reject it?
MR. BOATMAN: Yes, sir.
COMMISSIONER COYLE: You're going to accept it.
MR. BOATMAN: Yes, sir.
COMMISSIONER COYLE: Okay. Motion to approve --
COMMISSIONER FIALA: Second.
COMMISSIONER COYLE: -- 12A.
CHAIRMAN COLETTA: Okay. We have a motion by
Commissioner Coyle and a second by Commissioner Fiala to accept
the offer.
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.
Page 13 7
June 12,2007
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 5-0.
Thank you very much.
MS. CHADWELL: Thank you.
MR. MUDD: And just so--
CHAIRMAN COLETTA: That takes care of 12B. We don't
have to --
MR. MUDD: Yes, that -- just for clarification, 12B is
withdrawn, correct?
MS. CHADWELL: Yes, it is.
CHAIRMAN COLETTA: I'll tell you what, let's go to 10C and
then 10D. I'm just trying to use the best possible amount of
Commissioner Halas's time that he has left here today.
Item #10C
A COURSE OF ACTION IN RESPONSE TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS STATEMENT OF
INTENT TO FIND A PORTION OF THE EAR BASED GROWTH
MANAGEMENT PLAN AMENDMENTS NOT IN COMPLIANCE
- MOTION TO DIRECT THE COUNTY MANAGER TO ENTER
INTO A COMPLIANCE AGREEMENT WITH DCA AND TO
HAVE THE COUNTY ATTORNEY DRAFT A PLANNING
MORATORIUM ORDINANCE TO BE PRESENTED AT THE
JUL Y 24TH BCC MEETING - APPROVED
MR. MUDD: 10C is a -- to recommend the Board of County
Commissioners consider a course of action in response to the Florida
Department of Community Affairs settlement of intent to find a
portion of the EAR-based Growth Management Plan amendments not
in compliance.
Page 138
June 12, 2007
Mr. Randy Cohen, your Director of Comprehensive Planning
from Community Development's Environmental Services, will
present.
MR. COHEN: Good afternoon, Mr. Chairman, members of the
county commission.
You have in your packets a Statement of Intent from the
Department of Community Affairs with respect to the evaluation and
appraisal Growth Management Plan amendments.
I think it's really important at this point in time to kind of give
you a little background with respect to how we got here.
Back in July of 2004, this county commission approved the
Evaluation and Appraisal Report that was submitted to the Department
of Community Affairs. The Department of Community Affairs
reviewed the Evaluation and Appraisal Report and found that report to
be in compliance without any objections, comments,
recommendations. And as a matter of fact, has actually recommended
that that particular report be used as a guide for other governmental
entities, so you should be proud of your staff for the product that they
put together.
Subsequent to that, it's required of any governmental entity to
prepare amendments to its comprehensive plan to implement the
Evaluation and Appraisal Report.
The staff prepared amendments to the Growth Management Plan
that was considered by the Planning Commission, which made
recommendations to this body, which you transmitted to the DCA.
The Department of Community Affairs at that time, after transmittal,
had 26 specific objections to the transmitted document, which it
proffered to you in its Objections and Recommendations and
Comments Report.
In response to that, the staff, in conjunction with the Planning
Commission, provided a document to you which you adopted and
provided to the Department of Community Affairs for their
Page 139
June 12, 2007
consideration.
After that time what was provided to us was a Statement of
Intent, which was on the visualizer, which is before you right now.
Two specific items came to our attention with respect to the Statement
of Intent. First of all, was section 24.
The Department of Community Affairs indicated that there was
not data and analysis to support the decision that was made by this
body with respect to section 24 in leaving that particular area of land
as neutral.
Secondly, the Statement of Intent indicated that the amendments
that were made with respect to the capital improvements element did
not meet the requirements in three different areas. First in terms of
timing; they asked us to move forward an additional year, which we
provided them with documentation subsequent to that but not in time
prior to the Statement of Intent.
Second, they asked us for a revenue trend analysis, something
that the Department of Community Affairs has never asked any local
government to provide to them before, which our office of
management and budget provided. Again, not timely enough to meet
the requirements before the Statement of Intent was actually issued.
The third item that they required us to do was actually break
down the financial feasibility requirements for each particular
improvement in the capital improvements element on an annual basis
and actually identify the revenue sources specifically where we were
going to pay for each particular item.
An example would be, we were going to be building a roadway
in, say, 2008. The cost of it, hypothetically, would be $2 million.
They asked us where that $2 million would be coming from. An
example would be a million dollars from ad valorem taxes, 500,000
from gas taxes, $500,000 from impact fees. This is something that
they've never asked any local government for before. I think they
were grasping with the concept of financial feasibility.
Page 140
June 12,2007
With respect to both items, we found them to be potentially
resolvable. I think later today you'll hear from Nancy Payton with
respect to section 24 and the possibility of resolving that particular
item.
You'll notice in your executive summary we speak with respect
to entering into a compliance agreement with respect to section 24.
The CIE at this particular time -- you'll note in your executive
summary, that we used the words -- when we discussed things with
DCA, as being easily resolvable. At the time we discussed the items
with DCA, things appeared to be easily resolvable because what we
had before us was a CIE that went to this body, went before the
Planning Commission, and at that point in time, it was financially
feasible.
Subsequent to your review of the CIE, what we found, obviously,
is that we have a situation with respect to an income stream that we no
longer can rely upon with respect to what's actually coming into the
coffers of the county government. What we have is a moving target.
As a staff, we cannot sit before you and tell you that a financially
feasible CIE that you reviewed before is going to be financially
feasible in the future.
The rationale before that is -- and I guess the best way of
explaining it is, we're required to provide to DCA in the financially
feasible capital improvements element, a guaranteed revenue stream,
and in that guaranteed revenue stream, in particular, this body told us
as a board that you wanted to make sure that we guaranteed that
something in each particular area would be financially feasible within
the first two years.
When we reviewed these particular items with you, and we
worked with the office of management and budget and in each
individual department, we worked through a scenario that we could
guarantee for you that we could actually accomplish that.
As I sit before you today, I cannot sit here as your comprehensive
Page 141
June 12,2007
planning department director in reviewing this item and discussing
matters with the various departments, and tell you that we can meet
that requirement.
If we were to meet that requirement, the only way that we could
do that would be to guarantee revenue sources outside the scope of
what we previously provided. The only way to do that would be to be
basically saying, we're going to pledge additional ad valorem taxes to
make up any deficits that might exist.
It's become problematic from the perspective that we don't know
what our revenue stream is going to be in the future. And I wanted to
point that out to you as a body to understand completely, because
what's happening today, obviously, is the beginning of a special
session where they're looking at property taxes with respect to how it's
going to affect this local government and how it's going to affect the
revenue stream, and more specifically, how it's going to affect our
ability to maintain the level of service within not only the CIE, but
also within the AUIR, and to verify that we have adequate revenues to
address the specific projects that you've identified as priorities in all
those specific areas.
I think it would be very disingenuous of me to sit up in front of
you right now and say, let's move forward with a capital
improvements element that's financially feasible when we know that
the revenue stream potential is going to be disrupted within the
upcoming next 10 days.
So as a result of that, what I've done -- if you go to the back of
the executive summary -- put together what I thought was a series of
four recommendations that I thought would get us to where we need to
be.
The first two are fairly straightforward. The first one is that the
BCC direct the county manager or his assigned designee to pursue the
applicable course of action to determine if it's possible to enter into a
compliance agreement with regard to section 24.
Page 142
June 12,2007
Nancy Payton needs to discuss that matter at a little bit oflength,
too. I think it's important to point out to you that there was a petition
to intervene with respect to section 24. If you bear with me for a
minute, I'll pop that particular item up on the visualizer.
And, in essence, what's transpired is, is that the legal
representative for Collier County Audubon Society as well as the
Florida Wildlife Federation has filed that petition to intervene in
support of DCA's contention that the decision made by this board was
not supported by adequate data and analysis.
So at this point in time what we're asking this body to do as a
board is to allow us to move forward to see if we can enter into that
compliance agreement with the intervener with respect to this
particular item.
The second item is that the board direct the county manager or
his assigned designee to pursue the applicable course of action to
determine if it's possible to enter into a compliance agreement with
respect to the CIE with the caveat -- and I want to stress that -- that no
compliance agreement is entered into if the action taken by the Florida
legislature results in the situation wherein the CIE is no longer
financially feasible or prospective revenue is uncertain.
We all know that that possibility exists. We'll have clarity with
respect to that item in the next 10 days, but it would be very
disingenuous of me to sit before you as a -- as your comprehensive
planning department director and tell you that it would be the right
thing to enter into a CIE knowing that potentially it's -- a compliance
agreement for the CIE knowing that potentially it's not going to be
financially feasible and put you in a very awkward position with
respect to, one, your upcoming budget at the end of this month where
you would have to actually allocate revenues, and it puts you in a very
awkward position with respect to your discretionary spending, as well
as put the manager's office in a very awkward position with respect to
spending as well too, and take away your flexibility as a board in
Page 143
June 12,2007
determining how to actually allocate resources, not only with respect
to capital facilities, but also with respect to operational expenses as
well.
The third item on your -- under the recommendations is to direct
the county manager or his assigned designee to take the following --
and I want to stress the word immediate remedial action if the Florida
legislature creates a situation during the upcoming special session
where the county CIE is no longer financially feasible and the
long-term prospectus for financial feasibility cannot be determined
with absolute certainty.
I stress the word immediate in there again because you have your
upcoming budget at the end of this particular month. And, again,
you're dealing with allocating funds for capital expenditures, not only
for your items that are regulated in the CIE for the state, but for
concurrency purposes, but also your category B facilities which
pertain to the AUIR dealing with capital infrastructure for your items
dealing with law enforcement, jails, libraries, EMS, your independent
fire districts and government buildings.
So I wanted to ensure that you had that flexibility in your
budgetary process to make sure that you have the discretionary
spending available to you.
The second recommendation under 3, under B, that staff, if
deemed appropriate, develop a request for proposal which includes a
detailed scope of services for the employment of a planning consultant
to determine if the goals and objectives of the proposed financially
feasible five-year CIE can be met while evaluating county long-range
plans for individual capital facilities and services to determine if
financial resources will be available to fund all items included in the
long-range planning process.
Again, this ties back into the process of what transpires in
Tallahassee in the Florida legislature. If your income stream is
interrupted and you do not have the financial revenues available to
Page 144
June 12, 2007
you, you're going to have to make some hard decisions with respect to
capital infrastructure, levels of service, alternative revenue sources
that are out there.
And to be very frank with you, it's going to take a long look from
the perspective of planning and how it interfaces with those revenue
streams in working with not only the office of management and
budget, the Planning Commission, the Productivity Committee, and
this particular body, because we have such a large amount of
uncertainty that's out there that there's no guarantees based on what
our existing level of services are with respect to all the items that we
deal with in the AUIR that you are going to be able to meet those
levels of services. And as a result of that, we're going to have to take a
long, hard look at those particular items.
The last item, and I'm just going to touch on it briefly -- and then
I'm going to refer to the County Attorney's Office and Mr. Klatzkow
to actually run you through a process of what would transpire -- is that
the County Attorney's Office draft -- and when I say draft, I'm not
saying adopt. It's more of a preemptive measure more than anything --
a countywide planning moratorium ordinance to be considered by the
Board of County Commissioners at a future meeting with the requisite
public hearings that would be applicable to all county issued
development orders until it can be determined with absolute certainty
that the county would be able to meet its adopted level of service for
all capital facilities and services set forth in both the AUIR and the
CIE and adopt the county long-range plans for certain capital facilities
and services.
And if you recall, we do have long-range plans for water and
sewer. We have them for jails, we have them for other items as well,
too, so we need to take a look at that as well.
Rather than answering questions right now, I think it would be
appropriate to turn this over to Mr. Klatzkow so he can let you know
what the legal process is, and then we can probably both entertain
Page 145
June 12,2007
questions and --
CHAIRMAN COLETTA: Okay. Before we do--
MR. COHEN: Yes, sir.
CHAIRMAN COLETTA: -- Commissioner Coyle and
Commissioner Halas may have questions now. Commissioner Coyle?
COMMISSIONER COYLE: I don't have questions except I'd
like to congratulate Randy Cohen on his presentation. I think it covers
the issues very, very clearly, and I couldn't agree more with his
conclusions, except for a couple of points, and maybe this will help
speed our process along.
I do support directing the county manager to pursue applicable
courses of action to enter into a compliance agreement with regard to
section 24. If that means going back to what it was originally, that's
okay with me, you know. Let's just get it done, and so if you can -- I
would support that, that you would proceed with that.
A compliance agreement with DCA with respect to the capital
improvement element is a bit problematic unless you're under a very
tight time line from DCA to respond. Can you -- can you get DCA to
hold off on getting some resolution to their objections to the CIE until
this special session of the legislature is complete?
MR. COHEN: Commissioner, your point is well taken. Mr.
Bernard Peel (phonetic) with DCA has actually agreed to come down
and discuss matters to bring the CIE in compliance, and I would like
to do that subsequent to the special session.
COMMISSIONER COYLE: Excellent. So my recommendation
would be, is that we communicate to DCA, tell them that we can't
enter into any discussions until we know what we're discussing and
that we won't know that until after the special session is over.
So once the special session is over and we know what we're
looking at, let's enter into a compliance agreement with DCA, subject
to the approval of the board, of course, that is also contingent upon
any further changes by the legislature in our funds or in our Growth
Page 146
June 12,2007
Management Plan. And I'll discuss a little bit how I think both of
them are relevant to the ability to project what should be in a capital
improvement element.
And the last item, in my opinion, is the -- a planning moratorium
ordinance. I don't think we need to hire a consultant. I can answer
your question. There is not enough money to do what you have to do.
You know that. I know that. Everybody here knows that.
Impact fees are already trending downward. Gasoline taxes are going
to trend downward with the effect of higher gasoline prices and more
efficient automobiles because there's a big push on things like that. So
there's not enough money to develop a financially feasible capital
improvement plan for all the things we have to do in the time that
we're given to do them, and therein lies the issue of the concurrency
program.
There is, perhaps, money, if you can stage things over a longer
period of time, but there is not money if we attempt to do a lot of the
capital improvement projects simultaneously because segments of
roads are failing, as an example, because of development.
So I would suggest that we move, and using your words, to take
immediate remedial action to implement a planning moratorium
ordinance. I would like to see the county attorney prepare an
ordinance for consideration by us and the Planning Commission. It has
to go through the Planning Commission. So I would like to see that
done so that we, the Board of County Commissioners, can consider
this at our meeting in July. That should permit enough time to
advertise it.
We know the -- we will know the impacts of the -- the revenue
decisions that the state legislature will be making this week and early
next week. But aside from all that, the Growth Management Plan
impacts are going to make it almost impossible for us to develop an
effective plan.
So we have to absorb and correlate all of those things and we
Page 147
June 12, 2007
have to do it again if the state legislature puts a cap on impact fees
next session, as I'm sure they will try to do. So I will support all of
those things.
To recap, we start talking with the appropriate stakeholders to
enter into a compliance agreement with section 24, that we notify
DCA that we'd like to hold off until after the special session of the
legislature to sit down and try to reach an agreement on our capital
improvement element of our comprehensive plan, and then third, that
the county attorney proceed immediately to begin drafting a planning
moratorium ordinance for consideration at our meeting in July.
And certainly, it is a given that in the interim, following the
session -- special session of the legislature, that our staff will begin
developing alternative financially feasible AUIRs and CIEs.
COMMISSIONER HALAS: I'll second that.
CHAIRMAN COLETTA: Okay. So we have a motion by
Commissioner Coyle and second by Commissioner Halas.
Commissioner Halas, did you have something else to add?
COMMISSIONER HALAS: Yes. Randy, there has been some
talk about, one of our revenue streams could possibly be impacted in
the special session -- have you heard anything more -- and that is
impact fees.
MR. SCHMITT: Again, for the record, Joe Schmitt.
Commissioner, the indications are right now that impact fees will not
be part of the special session.
COMMISSIONER HALAS: Well, we've got nine more days.
MR. SCHMITT: At least that's the word that we got.
COMMISSIONER HALAS: Okay. We've got nine more days
though; is that right?
MR. SCHMITT: We have nine more days. You never know
what's going to happen, but the word is that impact fees will not -- and
Commissioner Coyle is correct, even though when you regard impact
fees, because of the slowdown in permitting activity, the actual
Page 148
June 12,2007
receipts of impact fees has gone down.
COMMISSIONER HALAS: Okay.
CHAIRMAN COLETTA: Could someone take a minute. And
planning a moratorium, we're talking detail exactly the depth of what
we're looking to do here.
MR. KLATZKOW: I think what we're looking to do basically is
shut down the pipeline until we know where we are at the monetary
standpoint.
COMMISSIONER HALAS: Exactly right.
CHAIRMAN COLETTA: Okay. So you're talking about the
pipeline that would be all future permitting?
MR. KLATZKOW: Well, I don't think you can hold off a CO if
somebody's already got a structure in the ground. I don't think that
would be appropriate. But rezonings would stop, building permits
would stop, basically it's a timeout until the county could reassess
where we are from a financial standpoint.
CHAIRMAN COLETTA: I'm a little bit confused. I mean, right
now we're at, what do you want to call it, a financial type of
moratorium. Due to the economic conditions out there, we've got next
to nothing happening.
So we're talking about imposing an actual moratorium on what's
left out there that people might be able to do. Would this be also the
platted Estates? Would this be Ave Maria?
MR. KLATZKOW: We have some vested right issues that we're
going to have to address on a case-by-case basis, and it may not affect
a place like Ave Maria that's subject to a DR!. It's going to be case by
case. What we'll try to do is shut down where we can shut down so
the board could assess the situation.
CHAIRMAN COLETTA: So this would issue new PUDs
coming forward; those that have already come forward and received
their approval would be more or less vested?
MR. KLATZKOW: Well, yes and no. I mean, we're going to
Page 149
June 12,2007
hold up the building permits. It's going to be a case-by-case. We're
going to have to look at each one and assess -- and assess it where
they are.
I can't give a general rule saying we're going to stop everything,
because we're not. There's some -- there's some developers out there
that have vested rights that can continue, but we will stop what we can
stop.
CHAIRMAN COLETTA: Mr. Schmitt, can you add anything
more to that? I'm not too sure where we're --
MR. SCHMITT: Last time we did this, you still dealt with some
rezoning decisions. What we would basically stop is any notices to
proceed in regards to development actually taking place, turning dirt.
Unless they could come in through some kind of vested rights
determination or claim that they have vested rights, those are the kind
of things that we will have to address, the county attorney and my
staff will have to address as we vet this through the public hearing
process. That would be the research we would do, and then part of the
process we would have to present. So that's very difficult to try and
categorize that right here at this meeting.
CHAIRMAN COLETTA: The whole objective here is to be able
to slow it down to be able to get the infrastructure --
MR. SCHMITT: Well, the objective, as Mr. Cohen said, the
DCA said, come back with a financially feasible plan, and, oh, by the
way, prove that you can fund it. And then other members of this state
are saying, oh, but we're going to take money away from you. And
we're saying, how can we, as staff, come back with a financially
feasible plan when we really don't know what we're going to be able
to collect.
So one part of the state is saying, prove to us that you can fund
your program, and another part of the state is saying, oh, by the way,
we're going to reduce -- we're going to reduce the taxes that you're
going to be allowed to collect. So we, as staff, can't come to you with
Page 150
June 12,2007
a fiscally feasible plan if we don't know what kind of money we're
going to be able to collect.
CHAIRMAN COLETTA: And that would be coming forward in
July. At that point in time, we'd be making a decision to be able to go
or not to go or what part of it to go on?
MR. SCHMITT: I think the only thing we can come back to you
in July with -- because this -- there is a very specific vetting process, it
has to go to a local planning authority, so this will have to be
advertised -- and to put into effect, it will be advertised, it has to go to
the Planning Commission, and then from the Planning Commission, to
you as a board to implement.
Now, what's in front of you, of course, are the dates of your
board meeting. The July meeting is your last meeting. I think it's
going to be tight to make that meeting. What we can bring back, and I
believe what you're directing for us to bring back is basically a draft,
and then outline how we would proceed if, in fact, we're directed to
proceed with a planning moratorium. Is that what I believe your -- or
do you actually want the moratorium?
COMMISSIONER COYLE: I would like to act upon the
ordinance as quickly as possible. But let me -- let me clarify
something. Our current procedures require that people provide us 50
percent of their impact fees at SDP submittal. Now, to the extent that
they have done that, they have gotten vested interests; is that not true?
MR. KLATZKOW: Well, they're vested for roads, but they're
not necessarily vested for anything else.
COMMISSIONER COYLE: Okay, okay. So we're only talking
about transportation impact fees. And so they're vested for that but
nothing else.
MR. KLATZKOW: That's right.
COMMISSIONER COYLE: Okay. But those are the kinds of
considerations we're going to have to make on a case-by-case basis as
we move forward. It is not going to shut down everything. It's not
Page 151
June 12,2007
intended to shut down everything. There are some people who have
every right to proceed because they have gotten their certificates of
public facility availability, and there are a considerable number of
those the last time I reviewed this process.
So it's not going to close down everything and we don't expect it
to. What we have to do is have enough time to begin to match
revenue sources with projects and timing.
MR. KLATZKOW: Commissioner, so that you're not surprised,
I think it's going to require two hearings before this board before you
can implement this particular ordinance, because we use the same
procedure for a moratorium ordinance as we do for the rezonings. So
it's one meeting for the planning commission, two meetings for this
board. So even if we get it to you in July, you're not going to be able
to implement it then.
COMMISSIONER COYLE: Okay. Get it to us in July, and then
we'll have the second meeting in September. Okay?
CHAIRMAN COLETTA: Well, okay. We have how many
speakers?
MS. FILSON: We have two speakers, Mr. Chairman.
CHAIRMAN COLETTA: Go ahead and call the speakers.
MS. FILSON: Okay. Nancy Payton--
CHAIRMAN COLETTA: I'm sorry --
MS. FILSON: -- she'll be followed by--
CHAIRMAN COLETTA: Yeah. Before you go, I missed
Commissioner Henning. Commissioner Henning?
COMMISSIONER HENNING: Can anybody answer what's the
percentage of ad valorem that we use for capital improvement?
COMMISSIONER COYLE: In roads?
COMMISSIONER HENNING: In anything. I mean, we're not
just talking about roads. We're talking about all the category A, I
believe.
MR. MUDD: Yes, sir. At this juncture, you have -- you have
Page 152
June 12, 2007
debt on your capital facilities that are -- that impact fees partially pay
when -- I'm saying right now. When we were -- had a lot of building
permits coming in, your impact fees were paying all of that debt
service for those particular items.
This year it's not -- and it needs some ad valorem dollars in order
to supplement the impact fee in order to pay the debt service, and we
call that a loan because we believe some day impact fees will pick up
again because building will pick up again. And when that happens,
then that impact fund will be able to pay back the general fund or --
the unincorporated general fund to them.
COMMISSIONER HENNING: Okay. When you -- when we
had our one-on-one, we talked about the property tax cut and what it
kind of looks like, and you stated that we have enough money -- we'll
have enough money to pay our debt.
MR. MUDD: Yes, sir.
COMMISSIONER HENNING: So I'm kind of confused of why
we're going through this exercise when we already know -- I think we
know -- that we have the funds. And the next question is --
MR. MUDD: You said -- you said debt, and you're absolutely
correct.
COMMISSIONER HENNING: Right.
MR. MUDD: Mr. Feder basically came before you at least a
meeting or so ago looking for a promise from the board up to -- up to
$100 million on paper but not to borrow more than $50 million near
term so that he could build the road so he could be financially feasible
for his five-year plan.
That's where we started getting into the gist of, you're not going
to be able to borrow those particular dollars because it's based upon
your percentage against your revenue that comes in as far as your debt
proceeds are concerned. So you're going to have less revenue coming
in; therefore, you will exceed your 13 percent and Norman's going to
have problems getting his roads built out of that thing.
Page 153
June 12,2007
Now, the good news in Norman's piece, and we also talked in our
one-on-one, is the latest bid that we received on 951, which is about
$11 million less than what the estimate was, and that's good news, so
maybe that will help, but we have to take a look at that whole process,
SIr.
COMMISSIONER HENNING: Okay. What I understood from
Norm's staff is, some of the roads that we anticipated to be constructed
because of growth, because of permitting, are anticipated in putting it
off for a while based on the growth is not there.
The second question I have is, is there any other capital
improvements that we're running short on funding?
MR. MUDD: You're talking about, are we borrowing money to
offset the debt service from the general fund? Yes, sir, we are, and
there's -- and there's several of those.
COMMISSIONER HENNING: Okay. I just don't remember
that being on our agenda to make that -- for the board to make that
determination where the funds should come from, or even if we should
build the capital improvements at this time.
MR. MUDD: I believe that comes to you under your annual
budget, sir. That's where we layout that -- the impact fees, what the
revenues are, what the debt service is, and if there's any offsets.
COMMISSIONER HENNING: Okay. So it did come in the last
budget --
MR. MUDD: Yes, sir.
COMMISSIONER HENNING: -- cycle?
MR. MUDD: Yes, sir. And I normally take that out of the 301
piece. That has to do with facilities.
COMMISSIONER HENNING: Okay.
CHAIRMAN COLETTA: Let's go to the speakers now, please.
MS. FILSON: Nancy Payton. She'll be followed by Brad
Cornell.
MS. PAYTON: Good afternoon. Nancy Payton, representing
Page 154
June 12,2007
the Florida Wildlife Federation, and we're here to encourage you to
pursue the compliance agreement that puts section 24 into a sending
status, and also I'd like to ask that that compliance report return back
on the June 26th agenda. I think we can resolve the issue very
quickly. There is a requirement to report back to the judge on June
29th.
Florida Wildlife Federation and Collier County Audubon Society
have requested an expedited hearing because this issue has been
hanging out there really for 18 years, since 1989 when this county
made a legally binding commitment to protect nature, including
Red-cockaded woodpeckers.
And we've had some problems where it's been transmitted as
sending, and then when it came time to adopt, it was switched back to
neutral. There were studies done and the study said it should be
sending, but we still have it as neutral.
Florida Wildlife Federation and Collier County Audubon Society
submitted a letter of over 50 pages to DCA after the adoption hearing.
Most of it was Collier County staff documentation or consultant
information that shows that it, indeed, should be sending.
So I hope that we can move that along and we don't have to go to
an expedited hearing, but by the end of the month, we can pretty much
be resolved with the issue and we can tell the judge that it's a done
deal.
If there is an issue of preparing that document in time, our
attorney, Florida Wildlife and Collier Audubon Society's attorney,
Tom Reese, will help with drafting that compliance agreement. We
just want to move this along because it has dragged so long.
I did want to clarify, Commissioner Coyle, when you said
appropriate stakeholders. Are we talking about those who are parties
in the lawsuit or other folks did you have in mind?
COMMISSIONER COYLE: I was -- I was thinking about the
landowners and the people who objected to its change in status or
Page 155
June 12, 2007
wanted to change its status.
MS. PAYTON: Well, I think we run into some problems then
because we are parties to a lawsuit. There's litigation that's moving
forward. I don't think we have time to go back and do that.
If they wanted to be part of this, they could have litigated. Those
landowners who did not approve of this being sending had legal
counselor had access to legal counsel. So the idea of going back and
opening this up again to anybody and everybody, we're going to
pursue the expedited hearing then because --
COMMISSIONER COYLE: Okay, yep.
MS. PAYTON: -- this is just retreading.
COMMISSIONER COYLE: Pursue what you think you've got
to pursue.
MS. PAYTON: We always have.
COMMISSIONER COYLE: Okay.
MS. PAYTON: I just remind you, report back to the judge on
June 29th and the expedited hearing. But we would like to resolve it.
We have offered -- we were the ones that put on the table how it could
be resolved, so I hope that we could move forward and do this
quickly. Thank you.
MS. FILSON: Your next speaker, Mr. Chairman, is Brad
Cornell.
CHAIRMAN COLETTA: Yeah, go ahead, Brad, and we'll take
care of that afterwards.
MR. CORNELL: Good afternoon, Commissioner. I'm Brad
Cornell, and I'm here on behalf of Collier County Audubon Society.
And Collier County Audubon Society also encourages you to
efficiently work towards a settlement, a compliance agreement on
section 24 with the Department of Community Affairs and the
interveners, Florida Wildlife Federation and the Collier County
Audubon society.
You'll recall that back in 2003 the Collier County Audubono
Page 156
June 12, 2007
Society, along with Florida Wildlife Federation, the Department of
Community Affairs, spent a lot of money and litigated to defend
Collier County's rural fringe policies. We spent our own money to
help defend your policies that we felt very strongly about were
effective policies, and those policies and the data and analysis and
studies on section 24 fully support the designation of section 24 as
sending land.
We're very willing to consider a compromise policy which was
recommended by your Environmental Advisory Council, which shows
section 24 becoming sending except for American Farms, golf
courses, already built-out lots, which would remain neutral. There is a
map that EAC produced which would more accurately describe that
recommended designation.
We wish to strongly emphasize the need to adopt section 24
policies that are in accordance with the data and analyses. Those
studies and analyses are much more indepth and in detail than any of
the other rural fringe land studies that were used to establish the
policies.
Listed species habitat clearly exist and it is documented to have
Red-cockaded woodpeckers existing on it. So we strongly urge that
we -- that the county move toward a settlement with Department of
Community Affairs and the interveners. Thanks.
CHAIRMAN COLETTA: Thank you, sir. Before you get up
there, we've got a time problem here. I've got five minutes before I
lose Commissioner Halas. He is -- important that he be here for this
vote, so I'd like to try to expedite this any way I possibly can so that
we can finish it up in five minutes. Ifhe leaves, you know, the whole
issue could go one way or the other.
Commissioner Henning, very briefly, please.
COMMISSIONER HENNING: Well, it takes a supermajority,
right, or a simple majority?
CHAIRMAN COLETTA: Simple majority.
Page 157
June 12,2007
COMMISSIONER HENNING: This is just direction.
CHAIRMAN COLETTA: This is giving direction to staff to
bring something back.
COMMISSIONER HENNING; Right.
MS. STUDENT-STIRLING: Simple.
CHAIRMAN COLETTA: It will take three commissioners.
COMMISSIONER HENNING: Right. Yeah. The problem is in
the hearing of the Growth Management Plan amendments, or the
EAR-based amendment, nobody has really proven to me that all these
parcels that we're talking about putting into sending either has animal
species or listed -- or the habitat to support those animal species. I
haven't -- I haven't seen that.
So I just -- I mean, I had a problem with it going to sending in the
-- to begin with. So -- and even, we heard that, you know, that
nobody went on my land to check the habitat on my land, and we also
heard that, well, wait a minute, I have illegal activity going on on my
land of A TV s, how can we -- how can any bird species habitat on the
property. So I mean, I just -- it's a -- to me it's a property rights issue.
CHAIRMAN COLETTA: Well, Commissioner Henning, I kind
of agree with you. I'm very upset with the fact that we're not going to
bring in what I call the stakeholders. Now it becomes a court case
that's between the county and the Audubon and the Wildlife
Federation. The people that own the land, they no longer matter, and
that bothers me greatly.
It also bothered me the fact that we're talking about a moratorium
because of the fact we're losing revenue. The moratorium's going to
be more of a loss of revenue, so I'm a little bit -- hard to understand
where we are with that. I know that would come back to us for much
discussion. It would go through the Planning Commission, but I'm
still having problems with these items. Commissioner Fiala --
COMMISSIONER FIALA: Sure.
CHAIRMAN COLETTA: -- and if we could possibly get to a
Page 158
June 12,2007
vote on this.
COMMISSIONER FIALA: Sure. I'm ready to vote for it, and I
totally agree with the motion, and so that's the way I would be voting.
The only thing I had a concern with was when Nancy Payton said
something about it might hold up the process, and I don't want to hold
up the process. I don't think anybody does. I think we want to move
forward. You were saying something about using the word
stakeholders in there holds up the process.
CHAIRMAN COLETTA: No. I'm sorry. Don't invite
somebody up to the podium --
COMMISSIONER FIALA: Okay.
CHAIRMAN COLETTA: -- without checking with the chair.
COMMISSIONER FIALA: I'm sorry.
CHAIRMAN COLETTA: No, no offense. I just -- I don't want
to lose Commissioner Halas before this vote goes through.
COMMISSIONER FIALA: I don't either, and I'm ready to vote,
but I want to make sure what I'm voting on.
CHAIRMAN COLETTA: Okay. No, that's fine.
COMMISSIONER COYLE: It doesn't make any difference
because it's coming back for you -- for a vote and approval anyway.
All we're telling them is to get together and talk about it and see if
they can solve it.
MS. STUDENT-STIRLING: I just wanted to state, if! may, for
the record, Marjorie Student-Stirling, Assistant County Attorney, that
Ms. Payton's identified a meeting in two weeks. We need to be able to
meet with DCA because they're the ones that started all this, so
hopefully we would be able to get with them in that time period as
well as the interveners who have been granted petitioner status now by
the administrative law judge.
And I'd also point out that any affected property owners have up
until, I believe, five days before the hearing to intervene, so they could
intervene later even though they haven't done so yet.
Page 159
June 12, 2007
So my only concern is trying to get this back to the board in less
than two weeks when we have to try to get all these people together,
and DCA has a very busy schedule and we may not be able to get with
them that quickly. So with that caveat.
CHAIRMAN COLETTA: And you need three votes to make it
back, okay.
With that, hopefully there's not much more discussion, but if
there is, we'll do it. And Commissioner Halas, I know he's very
anxious to get out the door, and I don't want to delay him any more.
COMMISSIONER FIALA: He's got one minute yet. He's going
to stay.
COMMISSIONER COYLE: Call the question.
CHAIRMAN COLETTA: Okay.
MS. FILSON: Who made the second?
CHAIRMAN COLETTA: Say again?
MS. FILSON: Who made the second?
COMMISSIONER HALAS: I made the second.
MS. FILSON: Thank you.
CHAIRMAN COLETTA: Okay. So we have a motion by
Commissioner Coyle, a second by Commissioner Halas. Okay. And
with that, all those in favor of the motion, indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COLETTA: Opposed?
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Aye.
Let the record show Commissioner Coletta and Commissioner
Henning were in opposition.
COMMISSIONER FIALA: Great. And we have one more
minute to discuss business.
CHAIRMAN COLETTA: Thank you for waiting. We're taking a
Page 160
June 12, 2007
break, too. We'll follow you out to the car.
COMMISSIONER HALAS: Okay.
CHAIRMAN COLETTA: Okay. Thank you.
(A brief recess was had.)
(Commissioner Halas is absent for the remainder of the meeting
and Crystal Kinzel, Clerk's Office, is now present.)
MR. MUDD: Ladies and gentlemen, please take your seats.
Mr. Chairman, Commissioners, you have a hot mike.
Commissioner, I know we have a three o'clock time certain, but the
after-one-o'clock folks have been here and some people want to speak.
CHAIRMAN COLETTA: Let's go right to 10A.
Item #10A
UPDATE ON THE ANNUAL ECONOMIC INCENTIVE REPORT
PRESENTED TO THE BCC IN THE FALL OF 2006 - MOTION
TO ACCEPT REPORT - APPROVED
MR. MUDD: Yes, sir. And Mr. Jackson just wanted to get
someplace, and he wanted to make sure that he wasn't continuing your
meeting just for his item at four.
This is 10A. It's to update the annual economic incentive report
presented to the Board of County Commissioners in the fall of 2006.
And Mr. Denny Baker, your director of operations, community
development's environmental services, now working in OMB, will
present.
MR. BAKER: Hi, good afternoon, Commissioners. For the
record, Benny Baker, Director.
Back in December 12 of last year I brought to you the annual
report of the four economic incentives, and during that discussion, it
was a lively discussion, Commissioner Henning brought up the issue
associated with the time delay or delinquency in some of the
Page 161
June 12,2007
applicants, and the board unanimously voted to accept that proposal,
that report, with the stipulation that I come back at a later date and
give you an update, and that's what I'm here to do today.
In your package, you have the minutes from the December l2
meeting where that conversation took place and where the vote took
place, and in front of that you had the letters from the various
applicants giving you specificity on the reasons for their request.
Then in front of you are the details, my detailed summary, each
of the applicants with the appropriate information and, of course, my
executive summary that has my recommendations as to how we vote
in the case of each one of these applicants and the reasons for their
changes.
And in some cases, I've audited the applicant and found
irregularities in terms of their application and have disqualified them,
with your approval, to be removed from the program.
And Commissioner Coletta, I -- should I go through each one of
these briefly?
COMMISSIONER COYLE: I already read it. I know it.
CHAIRMAN COLETTA: Anyone think it's necessary?
COMMISSIONER COYLE: I'm ready to accept your report.
CHAIRMAN COLETTA: Okay, no. I don't think it's necessary.
COMMISSIONER FIALA: I read them.
COMMISSIONER COYLE: I'll make a motion we accept the
report. I would like to commend you on your diligence in reviewing
some of these and withdrawing eligibility where you thought it was
appropriate. I think--
MR. BAKER: There were two specific cases where it was
obviously not in compliance with the -- or contrary to the ordinance,
so they should be removed.
COMMISSIONER COYLE: And I compliment you for that.
Thank you.
MR. BAKER: Thank you. Thank you.
Page 162
June 12, 2007
CHAIRMAN COLETTA: How many speakers?
MS. FILSON: Five.
CHAIRMAN COLETTA: Okay.
MS. FILSON: You ready?
CHAIRMAN COLETTA: Yes, we're ready.
MS. FILSON: The first one is Barbara Oppenheim. She'll be
follow the Threasa Miller.
MS. OPPENHEIM: Good afternoon, I'm Barbara Oppenheim,
and I'm the Vice-President ofthe Guadalupe Center oflmmokalee.
And I just wanted to thank the county commissioners very much for
all of the support that you've shown to us throughout the years and to
let you know that without your support in the fast track program
through the Economic Development Council, our expansion in serving
the children of Immokalee would not have occurred as rapidly as it
did.
So Commissioner Coletta came out to visit us a few months ago,
and we would love to have all of you come out and see the terrific job
that we're doing with the young children in Immokalee. So thank you
agam.
CHAIRMAN COLETTA: Thank you.
MS. FILSON: Next speaker is Threasa Miller. She'll be followed
by Pete Salazar.
MS. MILLER: Good afternoon, Threasa Miller. I'm the
Executive Director of Pace Center for Girls in Immokalee, and I want
to thank the EDC department for helping me. I'd never built a house
before, and we just completed a $6 million building, and it was a
rather daunting task. But they -- Tammie and her staff have been
there by our side, and that's been a great support.
With your assistance, we got the broadband grant and we have
fiber-optics in our building. We have both wired and wireless Internet
access.
And about five years ago, U.S. Congressman Porter Goss visited
Page 163
June 12, 2007
us in Immokalee, and I told him we were the digital divide that the
government was talking about, and today I can tell you that that's not
true anymore. And so we put that grant to great use.
And we also had the job creation credits. We created two jobs
last year. The fire marshal wouldn't allow us to bring any more people
in our building that we were in until we got moved, so this year we
have plans to expand our staff.
So we are a little behind on our plan, but we do have plans to
move forward. So we welcome Denny's visit and your visit. And
Friday, June 15th, we have our open house. We've actually been in
our facility now for eight weeks, and we have our open house at 11
a.m., and we would like to invite you and anyone in the community
that would like to come out and see what their efforts have paid for
and tell you that our fundraising was done with private community
partnerships, and we're very proud of it, and thank you for your help
in allowing us to get there.
CHAIRMAN COLETTA: Thank you.
MS. MILLER: Thanks.
MS. FILSON: Pete Salazar.
CHAIRMAN COLETTA: I'm sorry?
COMMISSIONER FIALA: No. You know, I just wanted to tell
you, you have a passionate representative in Shirley Barcic. She just
raises money on Marco Island every which way she can, and she talks
about Pace. You'd think we worked there.
MS. MILLER: She's fabulous. And the people on Marco have
been excellent supporters of our community in Immokalee. We're
very grateful to them. So thank you.
MS. FILSON: Pete Salazar.
COMMISSIONER COYLE: Maybe Jim Mudd should get her
name and enlist her for some help raising money. We're going to need
all the help we can get.
CHAIRMAN COLETTA: Are you saying we should send her to
Page 164
June 12,2007
Tallahassee?
COMMISSIONER COYLE: Yeah.
MS. FILSON: He'll be followed by Mark Minis (sic).
MR. SALAZAR: Good afternoon. My name is Pete Salazar,
owner of Salazar Machines. I want to thank you for your
consideration in the extension of our job incentives. We've been
doing excellent in that area in the airport, and we just see tremendous
growth. This has been happening for the past three years, and we just
can't wait to get into our building so that we can continue to grow and
create more jobs, and I just want to thank you for the incentives.
COMMISSIONER FIALA: Great job.
MS. FILSON: Mark Minis (sic). He'll be followed by Tammie
Nemecek.
MR. MINERS: Mr. Chairman, Commissioners, Mark Miners,
Director of Human Resources, Advocate Consultant. I want to also
thank Denny Baker who came out to my facility, and I moved into the
Naples area in November and took over these initiatives.
And we're continuing to progress. Weare past our first stage.
We're on course to get the second stage. We have a little -- delays
getting in onboard. So as we're ramping up with professional jobs,
we're averaging 72,000 for the area. So we'd like to keep our stenuous
(sic) going. Thank you.
MS. FILSON: Your final speaker is Tammie Nemecek.
MS. NEMECEK: Good afternoon, Mr. Chairman,
Commissioners. Thank you very much for this program that you have
provided here in Collier County to help us -- to help grow quality jobs
here in the community.
This incentive program is designed to help us attract businesses,
but it's also designed to help us -- our existing businesses grow, and I
think you've seen a great example of that here today as far as existing
businesses being able to expand, as well as new companies that have
moved into the area and are creating jobs, as you've heard, upwards of
Page 165
June 12, 2007
$70,000 as an average wage.
So, again, thank you very much for your support, and we hope
next year we're going to bring many more companies before you.
Thank you.
CHAIRMAN COLETTA: Thank you.
MS. FILSON: That's your final speaker, Mr. Chairman.
CHAIRMAN COLETTA: Okay. We have a motion and we
have a second.
Any other comments?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor --
Denny, you have something else?
MR. BAKER: No, go ahead, Commissioner.
CHAIRMAN COLETTA: All those in favor, indicate by saying
aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it, 4-0.
MR. BAKER: Commissioner, may I just add one personal note?
CHAIRMAN COLETTA: Yes, sir.
MR. BAKER: Mr. Pete Salazar, his parents were -- I'm just --
I'm offering this on myself, on my -- my personally -- his parents were
migrant workers, and Mr. Salazar's parents worked in the tomato
fields, he worked in the tomato fields, now he has an engineering
company, and he just showed me, when I was out there, a very, very
large washer that he sold to an agricultural company in Canada for
several hundred thousand dollars. And that's the kind of change in
teaching a man how to fish that we're all trying to do. Thank you.
Page 166
June 12,2007
CHAIRMAN COLETTA: Thank you.
COMMISSIONER HENNING: Well put.
COMMISSIONER COYLE: Congratulations, Mr. Salazar.
Thank you.
Item #14A
THE COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY (CRA) TO AUTHORIZE THE BA YSHORE GATEWAY
TRIANGLE CRA EXECUTIVE DIRECTOR TO NEGOTIATE A
CLOSING DATE EXTENSION TO A PURCHASE CONTRACT
FOR CERTAIN REAL PROPERTY WITHIN THE BA YSHORE
GA TEW A Y TRIANGLE COMMUNITY REDEVELOPMENT
AGENCY AND AUTHORIZE THE CRA CHAIRMAN TO SIGN
THE EXTENSION - MOTION TO ACCEPT EXTENSION FOR A
SEPTEMBER 25, 2007 CLOSING DATE; CHAIRMAN'S
SIGNATURE WILL BE CONTINGENT UPON COUNTY
ATTORNEY'S OFFICE REVIEW AND DUE DILIGENCE HAS
BEEN PROVEN - APPROVED
MR. MUDD: Commissioner, you have a time certain at three
p.m. This is item 14A. You need to put on your Community
Redevelopment Agency hat at this particular time.
This is a recommendation for the Collier County Community
Redevelopment Agency, CRA, to authorize the Bayshore Gateway
Triangle CRA executive director to negotiate a closing date extension
to a purchase contract for certain real property within the Bayshore
Gateway Triangle Community Redevelopment Agency, and authorize
the CRA chairman to sign the extension.
Mr. David Jackson, your Executive Director for the Bayshore
Gateway Triangle CRA will present.
CHAIRMAN FIALA: The CRA board is now in session.
Page 167
June 12,2007
MR. JACKSON: Good afternoon, CRA chairman and board
members. David Jackson, Executive Director for the Bayshore
Gateway Triangle Redevelopment Agency.
The executive summary is asking for permission to go after an
extension for this piece of property that I have up on your visualizer
that was agreed to purchase. And one of the caveats on it was that we
had to go out and get a line of credit of $9 million based on the tax
increment financing revenues that we receive every year.
We have done all of our due diligence on the project. We have
two appraisals; one at 3.6, one at 3.4. We have a boundary survey.
We've put down a $100,000 deposit, and we've done two
environmental surveys and the site is clean.
And in that process, we're ready to move on. One of the problems
we've had is getting financing or the vehicles to do that, which is the
comprehensive annual financial report, which has not been released
yet.
So that was the request for the extension, because there's not
enough time from today's date to go out and go out for an invitation to
bid to get the responses back and back to you as a board before the
closing date or at least by July 10th where $100,000 non-refundable
deposit has to be made, and that's why I'm back with you.
And there's several options here that you can go for. The first
three are probably, I would say, nonstarters, but I had to put them on
there because they're options. We have a fourth one, it is a request for
an extension till September when you come back for your next board
meeting.
And the reason we're here today is to get an answer from you
before the July 10th date when we have to put up $100,000
non-refundable.
Now, I hope there's no penalty for initiative but -- this is going to
be difficult to read but I'll paraphrase it for you. This is a letter from
the seller's attorney. Arrived at 2: 15, about 45 minutes or so ago,
Page 168
June 12, 2007
about an hour ago. And it is a response to a request for an extension.
And in there he has responded to the CRA board and says, yes, I will
grant you an extension until September 25th, which is the last meeting
of September for the board.
In there he says, under the understanding that you have
completed your due diligence, you're satisfied with the property and
that you will make the $100,000 non-refundable deposit on the 10th of
July, and we will close on or before September 25th.
So that's where we're at. Today the executive summary was
asking for permission to do the negotiations. Luckily, we've got it
here in front of you, so the recommendation that would be for you to
accept the extension provided you, as a CRA board, want to still
continue and move forward with the purchase of this property in the
mini triangle catalyst project. The advisory board feels that this is an
important purchase, that this is an important site to redevelop and to
bring into a highest and best use, along with all the other
improvements that we're making. And they support the extension to
that day.
CHAIRMAN FIALA: Commissioner Coyle, did you have
something to say?
COMMISSIONER COYLE: I'm a little concerned about this.
This is an absolute obligation that we're assuming. If there is
something in the CAFR we don't understand and a financial institution
finds troublesome, we could -- we could be in some difficulty. So my
concern is, where is the financial report and did you expect it by now
or should it have been available by now?
MR. JACKSON: It was available around this time last year
when we did our last line of credit work, which was in the
May/June/July time frame, in which we completed our work and
purchased the other 17 acres that we have out for an RFP, so --
COMMISSIONER COYLE: So where is it now? What is the
problem?
Page 169
June 12, 2007
MR. JACKSON: The latest information I have from the Clerk of
Court's representative is the best guess, and this is paraphrasing, the
words I got, would be available sometime around June 29th.
I've asked for at least a draft, if we could get a draft of it, which would
be the entire report, not only the CRA budget portion of it, but the
entire county portion of it, that the PFM representative feels
comfortable that the banks would respond to a draft document, but I
don't have that yet because it hasn't progressed along as far as the
accountants go, which is all part of their process, of which I don't
understand, you know, the people that do that kind of work.
COMMISSIONER COYLE: Nobody understands accountants'
business.
MR. JACKSON: Yes, sir.
COMMISSIONER COYLE: Simply accountants.
MR. JACKSON: But the process is that if you accept the
extension, yes, we are at risk for the $100,000 on the 10th of July, that
if the CAFR is not out and approved, one of the good things is is that I
believe you, as a CR -- not you as a CRA, but when you're sitting as
the Board of County Commissioners, you do review and accept and
forward the CAFR to Tallahassee, I believe, that's my understanding,
which means that it would have to be to you either September 11 th or
September 25th because there's no other time for you to review it
because the deadline is the 30th of September of this year.
And maybe Mr. Mudd or somebody can support me on that part of it
because I'm not totally familiar with it, but I'm paraphrasing
information that I've received.
CHAIRMAN FIALA: Crystal, would you like to say anything
from the clerk's office?
MS. KINZEL: Thank you, Commissioner. For the record,
Crystal Kinzel with the Clerk's Office.
We -- David's right, and we've spoken with him about this. We
anticipate that we should be seeing a -- you know, right now it's in the
Page 170
June 12,2007
hands ofKPMG. We're expecting, and they have committed to, all due
diligence to get us an opinion and a final on June 29th.
I think the board does have one other meeting in July scheduled
at the end of July, ifthat would be better meeting. Mr. Jackson, I
think you're saying that we're going clear till September. But our goal
would be to get that on the July agenda if, in fact, KPMG gets our
opinion back here June 29th. But I can tell you they are very
committed to that date and trying to make that deadline.
CHAIRMAN FIALA: Now, David Jackson mentioned
something about if he could have a draft, that would at least assist
him. Can he have a draft?
MS. KINZEL: I put that request into the Clerk of Courts, and I'll
-- hopefully I'll have an answer for him pretty quick. I just emailed it
at the break.
CHAIRMAN FIALA: While he was talking?
MS. KINZEL: At the break, yes, ma'am.
CHAIRMAN FIALA: Okay. And that would help you then,
David?
MR. JACKSON: Yes, ma'am. Time is of the essence for any of
this type of financial dealings and you going out for requests for bids
and quotes from people because, you know, at the speed of
government, it takes a while to go through the processes in order to
make everything (sic) is done according to the policy and according to
procedures.
So we just do need some time to make that happen, and if we
receive the final report signed and documented by July 24th, that puts
us on the short string to get it all completed during the month of
August and have it ready for you on the first meeting in September.
CHAIRMAN FIALA: Yes, Jim?
MR. MUDD: Madam Chair, a question I have for Mr. Jackson.
You're not going to put the money down until the 10th of July; is that
correct?
Page 171
June 12, 2007
MR. JACKSON: Yes, sir.
MR. MUDD: And the reason I ask that question is because I
don't know if CRAs are going to be exempt from the -- this budget
reform or this tax reform issue that's happening in Tallahassee, and
that's another issue that -- by the 22nd of June that will be a known --
we'll know what happens during that tax reform and if CRAs are
exempt or not, and then the 29th, we'll have a draft CAFR, and he can
take a look with the financial folks at the bank, make sure everything's
okay, and then we can be on a better footing to put the money down
on the 10th so that we know that we've minimized our risk, ma'am.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Yeah. I -- every indication is
they're going to be asking to roll back 9 percent, and we don't know if
it includes CRAs yet. But looking at Mr. Jackson's budget, I think he's
going to be in fine shape.
Is 9 percent going to break the bank?
MR. JACKSON: At worst case, my estimate, which is a poor
man's, executive director's estimate, is that we'll -- if -- worst case,
we'll be rolled back to the TIF that we received last year, which will
be about 1.2 million.
COMMISSIONER HENNING: Right.
MR. JACKSON: So we would take about -- very close to a
million-dollar hit. But that's, like I said, not scientific and it's not
under the accountant's review but just looking at -- from what I
understand from all the paperwork that's coming from Tallahassee.
COMMISSIONER HENNING: Yeah. What I see is a 9 percent.
You roll back to --
MR. MUDD: It's this year's budget.
COMMISSIONER HENNING: -- this year's budget and then go
back 9 percent. So whatever this budget is and then take away -- for
even numbers 10 percent. So it's not a million dollars.
MR. JACKSON: No, sir. Then it would be in the neighborhood
Page 172
June 12,2007
of 300-, $400,000.
COMMISSIONER HENNING: Okay. And your estimate is?
MR. JACKSON: That we will receive about 1.6 million.
COMMISSIONER HENNING: And you're going to be in good
shape then.
MR. JACKSON: Yes, sir.
COMMISSIONER HENNING: Might have to sit on -- instead
of soft chairs, you might have to sit on milk cartons.
MR. JACKSON: That shouldn't be a problem. We currently
have two million in reserves. So we have a little bit of --
COMMISSIONER HENNING: You're fat and happy like
everybody else. I'm sorry, I didn't mean to --
CHAIRMAN FIALA: You have plenty committed, I know.
MR. JACKSON: Yes, sir -- no, ma'am.
CHAIRMAN FIALA: And by the way, just as a side note,
you've been doing a great job. I'm really impressed with what you're
doing over there.
Any other comments from commissioners?
Yes, Crystal?
MS. KINZEL: I did want to advise the board that Mr. Brock has
written back to me and indicated that as long as we can indicate to the
investment company, which I know we can, that it's a full draft copy,
that we've not yet received our opinion, he's okay with the release of
the draft at this point, so we can get you that.
CHAIRMAN FIALA: Oh, good. That's terrific. So now what
you need from us is just to approve this -- because you know now that
you can have an extension from the seller, right?
MR. JACKSON: Yes, ma'am. I would need a motion to approve
the extension to September 25th for the closing date of this piece of
property and for the chairman to sign.
CHAIRMAN FIALA: May I have a motion, please? I'll motion
to approve.
Page 173
June 12,2007
COMMISSIONER HENNING: I'll second.
CHAIRMAN FIALA: Okay. Any further discussion? Yes, sir.
COMMISSIONER COYLE: Just a question. Let's make sure
that we understand that by approving this, we are saying that we have
-- we have completed the due diligence and we find the property
acceptable for its intended use. Have we completed the due diligence?
MR. JACKSON: We have one more step left, and that's for the
County Attorney's Office to review the title -- title documents.
COMMISSIONER COYLE: When--
MR. JACKSON: And that can be--
COMMISSIONER COYLE: When will that be done?
MR. JACKSON: That can be completed by your next meeting.
COMMISSIONER COYLE: Okay. Then I would suggest that
you revise the motion to make it contingent upon that being done,
okay?
MR. JACKSON: That's fine.
COMMISSIONER COYLE: Now, if you have to, with the
purchaser, you can break this into two motions; one is a motion
extending the purchase of the closing date, and another is a motion
which says, we've completed our due diligence and we find the
property acceptable for its intend used. The second motion then
would not be signed by the chairman until such time as the county
attorney has completed the due diligence process.
MR. JACKSON: That would be fine. We can work through
that, yes, sir.
COMMISSIONER COYLE: Okay. So--
MR. JACKSON: Get those documents to the County's
Attorney's Office and get them to --
COMMISSIONER COYLE: To the chairman for signature --
MR. JACKSON: Yes, sir.
COMMISSIONER COYLE: -- and we, as a board, could
authorize the chairman to sign those documents provided the due
Page 174
June 12, 2007
diligence is completed and the property is acceptable for its intended
use.
MR. JACKSON: Yes, sir. The only document that the chairman
will need to sign will be the addendum to the contract for the
extension of the date. As I understand, the motion would be to sign
that document pending sufficient review by the County Attorney's
Office.
COMMISSIONER COYLE: Final review by the -- yeah.
CHAIRMAN FIALA: Okay. I'll withdraw my motion.
COMMISSIONER HENNING: Second.
CHAIRMAN FIALA: And I'll make a motion to confirm that we
approve of extending this contract to September 25th.
COMMISSIONER COYLE: Extension of the closing of the
contract to February 2 -- you know, I'm sitting here giving advice. I'm
not sure I should be about these kinds of issues.
But is that okay? Does this make sense?
MS. CHADWELL: I thought I understood you to say you agreed
to extend the closing date contingent upon the County Attorney's
Office having conducted its review and Mr. -- and being satisfied that
the due diligence has been completed.
CHAIRMAN FIALA: No, that's the second, right?
COMMISSIONER HENNING: You could do it all in one
motion.
COMMISSIONER COYLE: You can do it together --
CHAIRMAN FIALA: Oh, can you?
COMMISSIONER COYLE: -- if you make that specification,
yeah.
CHAIRMAN FIALA: Okay. Maybe you ought to tell me how it
should be worded.
MS. CHADWELL: Okay. You're going to approve the
extension of the closing date to whatever it is, September 25 --
CHAIRMAN FIALA: 25th.
Page 175
June 12,2007
MS. CHADWELL: -- 2007, contingent upon the county having
completed its due diligence, County Attorney's Office having been
satisfied with that review, that would be the extent of the motion.
COMMISSIONER COYLE: Now, in all honestly, you've got to
give the owner of the property some indication as to when that
certification is going to be provided, that you've finished the due
diligence and you find it acceptable for its intended use, because
they're expecting that the extension of the closing of the contract is
contingent upon that happening.
MS. CHADWELL: Okay. So then you would want it to be
confirmed as of the next meeting, the second meeting this month?
MR. JACKSON: Well, with you putting the -- excuse me. But
putting it in with the contingency, then we don't have to bring it back
to you on the 26th of this month, next meeting. With the contingency
is -- completion of sufficient review by County Attorney's Office that
we notify the seller that we have completed our due diligence and find
it suitable for our use.
COMMISSIONER COYLE: That's right. Then the county
attorney could make -- I presume, can make that certification
separately.
MS. CHADWELL: Yes.
COMMISSIONER COYLE: Okay. But you see, you still
haven't told the purchaser when he's going to do that. That's the
problem.
MS. CHADWELL: We could -- yeah. Now, you have all the
title work, is that correct, or you're getting the title work?
MR. JACKSON: Getting.
MS. CHADWELL: When do you think you will have the title
work in our office?
MR. JACKSON: I can give you that answer after this meeting
because I'm not doing that. I'll have to make that phone call and get
back to you, ma'am.
Page 176
June 12, 2007
MS. CHADWELL: Okay. So we -- this contract was assigned
and no one looked at the title work at that time?
MR. JACKSON: Correct.
MS. CHADWELL: Okay. I would ask that -- I guess if you put
a time period, even that's not a certainty at this point in time. I would
say two, three weeks to confirm with -- contingent upon due diligence
being completed and confirmed by the County Attorney's Office no
later than three weeks from today. Does that work?
MR. JACKSON: That's fine. We can respond back to the seller
and let them know.
The seller -- well, in the negotiations of it, the seller was -- is
very interested in selling the property, a willing seller, really did not
want to extend the closing date; however, when it was put in front of
him that we would not be able to close and that he was going to lose
the sale, they went ahead and agreed to the 25th.
And then the comment, of course -- or statement in the paper, of
course, is that we have completed our due diligence and are satisfied.
I have no problem with this motion and working with the County
Attorney's Office to get that -- a determination.
MS. CHADWELL: And once we have the documents, it
shouldn't take three weeks to do it. I'm just not sure when we'll have
the title work because it's a third party involved in that.
MR. JACKSON: I'll get that to you as soon as I can, ma'am,
MS. CHADWELL: Absolutely.
MR. JACKSON: As fast as I can.
CHAIRMAN FIALA: Okay, fine. Then that will be my motion.
COMMISSIONER HENNING: And that will be my second.
CHAIRMAN FIALA: Okay. Long and convoluted.
COMMISSIONER COYLE: And I'll vote in favor.
CHAIRMAN FIALA: Pardon me?
COMMISSIONER COYLE: And I'll vote in favor of it.
CHAIRMAN FIALA: Okay. Any further comments?
Page 177
June 12, 2007
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Thank you. CRA board is closed.
MR. MUDD: Ma'am, that --
CHAIRMAN FIALA: Adjourned.
MR. MUDD: Thank you, ma'am.
Item #lOD
PROVIDING REQUESTED INFORMATION ABOUT
POTENTIAL FOR CONTRIBUTING $500,000 FROM
CONSERVATION COLLIER FUNDS TO ASSIST THE CITY OF
NAPLES IN BUILDING A TRAIL AND BRIDGE ON CITY-
OWNED LAND AS PART OF THE GORDON RIVER
GREENWAY - COMMISSIONER COYLE TO SEND A LETTER
TO CITY COUNCIL AND EXPRESS THE COUNTY'S DESIRE
TO WORK WITH THEM REGARDING FUTURE PROJECTS
AND EXPLAIN WHERE THE COUNTY IS IN THE PROCESS,
EXPLAIN WHAT IS NEEDED, AND REQUEST A REPLY TO
PARTICIPATE FURTHER - APPROVED
Mr. Chairman, that brings us to 10D. This item was continued
from the May 22, 2007, BCC meeting, it's providing requested
information about potential for contributing $500,000 to the
Conservation Collier funds to assist the City of Naples in building a
trail and bridge on city-owned land as part of the Gordon River
Page 178
June 12,2007
Greenway.
Ms. Alexandra Sulecki, your Principal Environmental Specialist,
will present.
MS. SULECKI: Good afternoon, Commissioners. For the
record, Alex Sulecki, Coordinator Conservation Collier. And I'd like
to hand out another executive summary and apologize, because as I
looked this morning on what you had gotten, you had gotten an older
version without the legal considerations section. And I apologize for
that. I don't know what happened.
I'll give you just a minute to look at that. But very briefly, you
had asked me to come back and tell you whether there was potential
for contributing half a million dollars from Conservation Collier funds
to assist the City of Naples in building a trail and bridge on
city-owned lands as part of the Gordon River Greenway.
And the short answer is that Conservation Collier was not set up
to do that. It was set up to put amenities on conservation -- on
county-owned lands that are under management by Conservation
Collier.
So can you do this? You can if certain things are in place. If the
City of Naples wants to give some kind of an easement to give us
some kind of ownership abilities over these lands and there is
eventually a single unified management plan for the whole Gordon
River Greenway that you approve and you approve of this bridge, you
could possibly do that. That was not the intent of the ordinance
though. The ordinance is silent to things like that.
CHAIRMAN COLETTA: Commissioner Henning,
Commissioner Coyle?
COMMISSIONER HENNING: The -- then we need to amend
our ordinance, plain and simple.
The -- my understanding of this greenway is passiveness and it is
green and it leads to the Fleischmann property, what we own. And the
second fact is, the City of Naples or the municipality enjoys paying
Page 179
June 12, 2007
into Conservation Collier. And what a great venue to provide this
type of service centrally located to the majority of the population in
Collier County.
So I don't know that -- the city seems to come back because
they're -- they never get it quite right. There's also a missing piece
there. And I just think that we need to assist and work to accomplish
for the greater good of the community. And this is going to be a great
experience for everybody in my opinion.
So you're amending the ordinance anyways, correct?
MS. SULECKI: Yes, but, sir, this isn't entirely your decision
because it's -- the City of Naples would have to also -- well, I guess if
you amend the ordinance to say that we don't have to own the lands
that we spend money on, that's one thing.
COMMISSIONER HENNING: Right. It has -- it has to serve a
public purpose, the ordinance, and it was to provide, you know, green
space, and passive recreation, so -- hi.
MS. BELPEDIO: May I speak?
CHAIRMAN COLETTA: You have something to address us
on?
MS. BELPEDIO: Jennifer Belpedio, Assistant County Attorney.
When I read the Conservation Collier implementation ordinance, I
read it to not foreclose on the opportunity or the endeavor that's
described in the executive summary. I don't believe that an ordinance
amendment is necessary to --
COMMISSIONER HENNING: Okay.
MS. BELPEDIO: -- accomplish the goals of the bridge. But
with that said, I believe that the property should, if it's the desire of the
city, be nominated for consideration under the Conservation Collier
program, and then the property would come up through the regular
channels of the consideration by staff first, then the Conservation
Collier Land Acquisition Committee, then ultimately the Board of
County Commissioners when the board considers the properties for
Page 180
June 12,2007
placement on the different lists, with A being the priority.
Then if property is selected and it's ultimately purchased, the
appropriate interests would be acquired, and we can certainly look at
that when the time comes, and then the unified plan is what occurs.
So I think it can be accomplished. It just might not be able to be
accomplished with one motion, second, and majority today.
COMMISSIONER HENNING: Can I make a suggestion? We
ask the -- Commissioner Coyle to go to the city council and ask what
their preference is, whether they want to do some kind of partnership
through an easement or if they would like for us to purchase.
COMMISSIONER COYLE: Is it my turn?
CHAIRMAN COLETTA: Well, just about. I just want to add
one more note to it.
COMMISSIONER COYLE: Okay.
CHAIRMAN COLETTA: Maybe when -- if that meeting does
take place, what kind of guarantees can we get that this will remain in
perpetuity, land they'll be able to use by the public? I guess that's
really important because it's under a different governmental authority
that isn't bound by all our ordinances and laws.
Go ahead, Commissioner.
COMMISSIONER COYLE: Yeah. I just -- yeah, I think the
concept is an excellent concept. It -- because what we're doing is
we're working together as governmental entities to serve the interests
of the people of Collier County.
It's just like when this board agreed to provide money for the
improvement of Lowdermilk Park because so many county children
were enjoying the facilities there. It's the right thing to do and -- but I
do believe that we need to have some kind of combined and integrated
management program for the whole area.
Just think what a magnificent asset this is for the entire county,
this property we're talking about here that's adjacent to the zoo and has
a lot of surrounding property there and frontage on Gordon River, and
Page 181
June 12,2007
the property just north of Golden Gate Parkway; taken together it's a
huge asset for the entire county.
And to have bike paths, walking paths, bridges, and I hope we'll
do that over Golden Gate Parkway so people can get pedestrian access
to the water quality park north of Golden Gate. It's just an incredible
central park for all of the people of Collier County to enjoy, and I
really don't see any reason why we need to compartmentalize our
thinking and our money in doing things like this.
I think Jennifer is correct, let's follow the procedure. Let's have it
nominated. I'll go to the city council and ask them if that's what they
would like to do.
But now, let's suppose they say, yeah, we'd like to nominate this
whole thing as a combined park facility for the people of Collier
County. But right now we're just talking about a little bridge, aren't
we? You know, do we need to go through all that just to make a
decision to provide some funding for a bridge to complete a parkway?
I don't know, and I don't know why we need to do that, but I'll be
happy to try to get the city council to put this into the -- put it into the
mix so that we can begin to view all of this property as an asset to
Collier County rather than, well, the city owns this and we're not
going to support that and we own that and the city is not going to
support that.
You know, that's counterproductive, I think. Let's view this as a
combined park. I think Commissioner Henning has the right idea.
MS. SULECKI: Excuse me. Commissioner Coyle, there was a
meeting yesterday of the stakeholders for the Gordon River
Greenway, and there is a concept to bring in in a unified management
plan that whole area. And Marla Ramsey's here. She was at that
meeting. I was not. So if you'd like to hear some about that--
COMMISSIONER COYLE: I would. I'd be very happy to do
that because without that information, if I go to the city council, I'm
not going to be providing them the entire picture.
Page 182
June 12,2007
MS. RAMSEY: For the record, Marla Ramsey, Public Service
Administrator.
Yesterday we had all the stakeholders, and then some, in the
room to discuss the greenway from its -- from the start. We actually
started in the water quality park and we worked our way all the way
down to the bridge and then from the bridge even out to the beaches.
So there's a -- there's a large view of what this corridor could do for
the community.
We had the Conservation Collier representative. We had the
Conservancy. We had the zoo. We had private developers in the area.
We had the city. We had part of their leisure board. We had a Bike
Path Coalition representation, et cetera.
And the gist of the meeting, as you know a few months ago you
gave us direction to pull together all the stakeholders so that we could
do a joint application for federal funding, and so that was part of what
we were trying to get to yesterday is to determine not only what was --
what each segment was doing currently, but try and bring that
together.
There's a web site that's being put up that will have each segment
and show it as a whole and trying to use the synergy of each
individual together to work the management plan as part of the Florida
Community Trust grants that we have with the water quality park,
then also with the Fleischmann parcel that we have purchased and
then the application that Alex has submitted. That management plan
is all going to be one, even though it's three separate parcels.
And from that, we want to take that management plan then and
continue it to incorporate the rest of the pathway which, at that point
in time, is really just a path.
How wide is the path? Will it have lighting? You know, what is
the substructure of that going to look like? We're going to do that as
one entity, and that was the gist of the meeting yesterday. There's
another meeting scheduled for the second week of July, and the goal is
Page 183
June 12,2007
to have a lot of that accomplished then by the first of October.
And so you're going to start to see a little more synergy in this
project. And then the funding as it comes up, and we'll be speaking in
regards to that. There are some private funds that have been allocated
that could help with some of this project as well. And so we're going
to pull all of that and put it on the table, and then from that determine
how much money is still needed.
COMMISSIONER COYLE: Okay. Is there any need then for
me to go to the city council then and petition them about anything,
because they have representatives in this stakeholders meeting? They
probably certainly have already talked with the city manager and the
council members.
MS. RAMSEY: There are representatives from the city. Mike
Bauer (phonetic) was there yesterday. I do believe that Mr. Wallace, I
believe it is, is the intended representative. He was not there
yesterday. But the -- there was people from the Leisure Services
Committee that the community has as well, the city has. So there is
some representative there from the city.
I think it's a little early. I would like to have one more meeting
with the group to get a little bit more synergy, and then we're going to
break it up into some working groups. And then from that, I think
we'll have a better idea of what we really want and what's truly needed
yet.
COMMISSIONER COYLE: Mr. Chairman, could I suggest that
we -- we do, perhaps, two things: One, let Marla continue along the
path she's going -- she seems to be making good progress in getting
people working together -- and not have me interfere in this process
by going to the city council to talk with this -- talk about this
holistically, but instead, ask the city council to submit a request for the
funding that they have asked for and have it submitted through the
appropriate process and have the Conservation Collier Committee
review that with the understanding that the attorney has already said
Page 184
June 12, 2007
that there's nothing in the ordinance that keeps us from participating
financially.
CHAIRMAN COLETTA: Did you want to put that in the form
of a motion?
COMMISSIONER COYLE: Well, I'd first like to get a response
from Alex.
MS. SULECKI: Well, I think that there isn't anything that
prohibits us except the fact that we have to have a management plan
that approves the expenditure that's signed by you. So it seems that
we are a little early in the process.
I did have some discussions with Ron Wallace of the City of
Naples, and I laid these conditions out for him, and he didn't think
they were insurmountable. He thought that the city would be
agreeable to a unified management plan and that there might be some
opportunity for easement, because it would be hard for us to guarantee
management of a certain style on a piece of land unless we had some
sort of ownership aspect to that.
He didn't think that was impossible; yet I look at where one end
of the bridge goes, and it's in the Pulling Park. And not only is that
not a conservation piece, but is also in litigation right now, the whole
thing between the city and the Pullings.
So I think there's still a lot of things that have to kind of shake out
before we determine whether we can get a unified management plan
and get some sort of ownership interest.
COMMISSIONER COYLE: Okay. I guess -- I guess my
obligation should be to inform the city council what we're doing, what
the status is, and to point out that the legal dispute between the city
and the Pullings about this property must be resolved before we can
commit funding to it; is that a fair statement?
CHAIRMAN COLETTA: Yep.
COMMISSIONER COYLE: And if that's the case, there's no
more action to be taken until that legal case can be settled. There's no
Page 185
June 12, 2007
point in building a bridge to nowhere, right? I mean, they do it in
Alaska, but we don't have to start it here.
Is that okay with the board if I just send a letter to the city and the
city council members giving them an assessment of where we are in
this process and indicating our willingness to continue working with
them concerning a unified management plan --
MS. SULECKI: Right.
COMMISSIONER COYLE: -- and that there's nothing about the
Conservation Collier ordinance that prohibits us from contributing
funding for a part?
CHAIRMAN COLETTA: What are you going to be asking from
them?
COMMISSIONER COYLE: Nothing except for the resolution
of that legal dispute with the Pullings as quickly as possible.
CHAIRMAN COLETTA: So you want that resolved before we
take a final vote on this?
COMMISSIONER COYLE: I think we probably have to. I
don't know how we could agree to provide funds to build a bridge to
someplace that is under dispute, under legal dispute right now.
CHAIRMAN COLETTA: Okay. County Attorney want to
comment on that?
MR. WEIGEL: Well, Commissioner Coyle is absolutely correct
and Alex has been absolutely correct in her assessment as well. And
as she has indicated, kind of the fundamental aspect of the
Conservation Collier program and ordinance is that the county have, if
not an ownership of the property, outright ownership, a type of interest
that's recognizable so that this funding source may be used.
And so to the extent that an easement or easement type may
surface on this is a good thing and may be just -- may be an answer to
that issue in regard to the completeness of an association pursuant to
the ordinance.
So let's not forget and -- kind of an easement or some kind of
Page 186
June 12, 2007
ownership or, perhaps, segue with a management plan that gives us
something tangible, Alex said, enforceable, with that property. The
idea is, of course, that in perpetuity, as Mr. Coletta indicated, that in
perpetuity it will be able to be maintained in a particular state,
notwithstanding an improvement that may be placed on it, such as the
bridge, which accentuates and achieves that passive recreation, which
is also part and parcel of the ordinance.
So, again, Commissioner Coyle is correct, and it would be
appropriate, it seems to me from the legal standpoint, and don't forget
that we probably have an easement or some kind of ownership issue
that we need to salve and work through with the city as well.
CHAIRMAN COLETTA: Okay. So your motion is to be
directed to write a letter?
COMMISSIONER COYLE: Yeah, write a letter to the city
giving them an assessment of essentially what we've talked about here.
And I need to understand from staff if it would be accurate if I were to
say to the city that the staff, after analyzing the possibility of the
participation by Conservation Collier in funding certain projects here,
is reasonably optimistic that this could be accomplished under certain
circumstances which might involve a unified management plan and/or
easement process. Is that a fair process statement?
MR. WEIGEL: Yes.
COMMISSIONER COYLE: Okay. Then why don't I do that?
And then, as I understand it, we won't have to vote on this except to
accept the report that's been provided, which is very helpful, and then
hopefully my letter will inform the city council about where we are
with it so that they'll know that we're trying to be helpful.
CHAIRMAN COLETTA: Okay. I think we've got to put it in
the form of a motion. Would you like me to make a motion for you?
COMMISSIONER COYLE: Okay. Sure, sure, sure.
CHAIRMAN COLETTA: I'll make the motion that we direct
Commissioner Coyle as the representative for the City of Naples to
Page 187
June 12,2007
write a letter explaining where we are within the process and what we
need from them, and then --
COMMISSIONER COYLE: Okay.
CHAIRMAN COLETTA: -- wait till we get a reply back before
we proceed. Does that cover it?
COMMISSIONER COYLE: Yep.
COMMISSIONER FIALA: Okay. Second the motion.
CHAIRMAN COLETTA: We have a motion, we have a second.
Any other discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it unanimously.
MS. SULECKI: Thank you.
CHAIRMAN COLETTA: Thank you.
Item #lOE
REQUEST TO CONTINUE GROWTH MANAGEMENT PLAN
AMENDMENT PETITIONS CP-2005-3 AND -4 FROM THE 2005
CYCLE OF PLAN AMENDMENTS TO THE 2007 CYCLE -
MOTION TO ACCEPT STAFF'S RECOMMENDATIONS TO
NOT CONTINUE PETITIONS - APPROVED
MR. MUDD: Commissioner, the next item is 10E, and that's a
request to continue the Growth Management Plan amendment petition
Page 188
June 12,2007
CP-2005-3 and CP-2005-4, from the 2005 cycle of plan amendments
to the 2006 cycle, and Mr. David Weeks from comprehensive
planning will present.
MR. WEEKS: Good afternoon, Commissioners. I'm David
Weeks, Planning Manager in the Comprehensive Planning
Department. This is a follow-up from your May 23rd hearing at
which Mr. Tim Ferguson, who's the agent or co-agent for two of the
2005 cycle comprehensive plan amendments came before you and
asked that two petitions be continued into a future cycle. And in the
executive summary I stated 2006 cycle, but actually seeing from
correspondence from Mr. Ferguson, that should be the 2007 cycle.
At that hearing you took no action other than direct staff to come back
with more information, and that's why I'm here.
On March 5th of this year, the Planning Commission held their
first hearing on the comprehensive plan amendments for the 2005
cycle. At that date, the two respective petitions of interest here came
up for discussion. Mr. Ferguson asked that they be continued to a
future plan amendment cycle.
Staff responded to the Planning Commission that we would view
that as a withdrawal, not a continuance. And I need to emphasize that
comprehensive plan amendments are very different than rezonings or
continual uses and other such zoning petitions that you routinely see,
and that those can be heard on any given day that you're holding
business and acted upon; whereas, comprehensive plan amendments
such as these are limited to twice a year adoptions, so the ability to
continue an item or to postpone an item for a short period or defer it
back to the Planning Commission, essentially, is not an option for you.
So a continuance by a year or two years, staff views as a
withdrawal because of the need to provide additional information,
updated information, from the applicant as well as a complete
re-review of the petition by staff. And their whole purpose for a
petition fee is to cover the expenses of local government in reviewing
Page 189
June 12, 2007
the comprehensive plan amendment.
When we get to the point of going to the Planning Commission
for the first hearing, the transmittal hearings, the majority ofthe staff
time for a petition has already been spent in the sufficiency review, in
the details substantive review and analysis and the writing of the staff
report for the Planning Commission hearing. Point being that a
significant amount of the petition fee has been expended by that point
-- by that point in time.
Additionally, I would note that the fee resolutions that establish
fees for various types of land use petitions contains no provision for a
refund; most particularly, I would emphasize, not for a partial refund.
Historically staff has issued a refund if it occurs right after the petition
was submitted, prior to us doing any work other than, perhaps,
preparing a processing letter and sending a fee receipt.
At the March 5th hearing when Mr. Ferguson asked for a
continuance and staff gave its opinion that we would view it as a
withdrawal, Mr. Schmitt, Joe Schmitt, did specifically point out to Mr.
Ferguson and the Planning Commission that there were subsequent
hearings planned by the Planning Commission that were scheduled.
March 5th was not the only day they were going to meet. They were
also going to meet on March 22nd and 29th, and asked if the petitioner
would like to ask for a continuance to one of those later dates, but he
indicated -- either he did not or simply did not respond to that offer.
The Planning Commission chairman ultimately asked Mr.
Ferguson if he wished to have the petitions heard that day or to have
them continued, and that's reflected in the minutes in your packet. And
I would say to you, being at that meeting, when he said continued, he
did mean to a later date in that month, not to a future amendment
cycle, and Mr. Ferguson's response was, well, if we can't have a
continuance, then we wish to have the petitions withdrawn. And I
want to emphasize that. These petitions have been withdrawn from
the 2005 cycle.
Page 190
June 12,2007
The request before you, in effect, is to undo that withdrawal and
have you continue the two petitions into the 2005 cycling, allow for
any submittal of updated or new information, and not have a new fee
paid which, in effect, means the taxpayers are going to be subsidizing
these petitions because there is still going to be, I believe, a substantial
amount of review required by staff in preparation of reports,
presentation in front of hearings, et cetera.
The three options that you have are outlined in your executive
summary. The first would to be take no action at all, the result of that
would be, one of these petitions which has been submitted, albeit with
the fee under protest, in the 2007 cycle and then the other petition, if
and when the petitioner so chooses, could be resubmitted with fees.
The second option would be to grant the request of the applicant,
the petitioner, and that is to continue the petitions to a future hearing,
that is the 2007 cycle of comprehensive plan amendments and not
require submittal of fees. And the third option would be to grant the
continuance but require fees to be submitted.
The fiscal impact for the first and third option, there is none
because fees would be paid to cover the costs. But if you grant the
second option, which is the petitioner's request, then there would be
the fiscal impact of the cost of the two petitions, which is a little over
$33,000.
Staffs recommendation is that you not grant their request.
CHAIRMAN COLETTA: Okay. We've got how many
speakers, Ms. Filson?
MS. FILSON: Two.
CHAIRMAN COLETTA: Would you call them, please.
MS. FILSON: Sure. Nekon Munoz.
MR. FERGUSON: He's not here. It will only be me.
MS. FILSON: Okay.
CHAIRMAN COLETTA: Okay.
MS. FILSON: Tim Ferguson.
Page 191
June 12, 2007
MR. FERGUSON: Good afternoon. For purposes of the record,
Tim Ferguson.
I went to the planning board meeting requesting a variance. I
don't know of any rule, policy, or anything else that would keep you
from granting that variance.
When I was told I simply could not have a variance, I only had
two choices. At that time I was working with the neighborhood. It
looked like I needed more work. The one comer was the comer of
Livingston Road and Golden Gate Parkway. That whole arena right
there is a very politically hot arena. We were in the process of
working with the neighbors to do that. The other petition, which has
been renewed, was the comer of Immokalee Road and Logan.
Each one -- each one of those, in my opinion, even though we
might have to update an environmental impact statement, 'Okay, are
going to remain substantially the same. They've already been
proclaimed sufficient by staff.
These people have paid $16,700 for this. That's a lot of money
for these two clients. One of them will not be able to go forward with
it ifhe doesn't get some assistance. The other one's going to take on a
great hardship on going forward with it.
The continuance allows us to work with the neighborhood and
get the best product for the county.
I can understand the county's need to have some of these things
subsidized. I can also understand my clients' need to be treated fairly.
Now, we have to also remember that we submitted these in 2005,
okay? And the county granted themselves an extension of a year to
answer them. So they've granted themselves a continuance. Now all
we're asking for is the same fair continuance. This is a little bit
different than the standard -- you know, the standard look at all this.
If, in fact, we have to pay the fee again, not only do you get the
remainder of the fee that's already been paid, but now you get another
fee, so then the county gets a windfall. I don't think that's fair either.
Page 192
June 12,2007
Really what I'm arguing here is an equitable argument. In this
particular situation, I think there are facts that are outstanding that
may be a little different than the norm. So I don't think we're on any
kind of slippery slope here if you were to go ahead and grant this
continuance based on the facts as they are in this particular odd cycle
that we're in -- that we were a part of here.
Certainly the commission can grant this. There's no reason why
they couldn't grant this. I don't know why it wasn't at least voted on.
But I'm just told by a chairman, who I like, who I think does a good
job --I'm not trying to knock him -- you don't have a choice for us to
consider a variance. I don't know -- I don't know about that.
So I mean, I had an option to try to just go ahead and appeal the
whole decision like I have to you or just to do what I think is unjust to
my clients, and I think that there's a -- the third scenario is that you
don't have to charge them the whole fee. There may be a
circumstance where you go back and you continue this and you look
at actually how much change there was in the application and say,
maybe there's some other fee that's still owed, but not the entire
$16,700.
I would prefer, and I'm requesting, because of the nature of how
the process has gone to date, that it's only fair to let them continue
this. But I'm certainly open to suggestion to anything I think is
equitable, and really that's what I'm asking for for my clients. You
know, I understand the county's need and I understand my clients'
need, and I'm trying to get it balanced. Thank you.
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: Mr. Ferguson, you said one of
your petitions was to change the designations on a parcel on Logan
and Immokalee Road?
MR. FERGUSON: That's correct. It's the -- it's the southeast
comer. But there were some people, in that particular situation, that
were adjoining us that were considering joining our petition, but we
Page 193
June 12, 2007
were going back and forth on that, and I, you know, I -- I was pretty
satisfied with the neighbors, but what I wasn't satisfied with in this
particular process is normally you wouldn't have had that many
applications coming forward.
And I think it kind of clouded the process, since really you had
two cycles in one. I think there were a lot of superfluous rezones that
were being requested that mayor may not have been appropriate for
the community, but some of them obviously are, as you've already
approved a couple of them.
COMMISSIONER HENNING: Well, one of your petitions, I
don't think it is appropriate.
MR. FERGUSON: Okay.
COMMISSIONER HENNING: And I think it's just a windfall
for your clients.
MR. FERGUSON: Which one?
COMMISSIONER HENNING: The one on Livingston and
Golden Gate Parkway.
MR. FERGUSON: Well, my position on that is--
COMMISSIONER HENNING: And we're not going to debate
that now. The -- the reason I'm asking is, our executive summary says
Immokalee Road and Wilson.
MR. FERGUSON: I'm sorry, Wilson. Did I say Logan? I meant
Wilson.
COMMISSIONER HENNING: Okay. Because--
MR. FERGUSON: Sorry, I misstated.
COMMISSIONER HENNING: All right. Thank you very
much. Answered my question.
CHAIRMAN COLETTA: Any other questions?
COMMISSIONER HENNING: No.
CHAIRMAN COLETTA: Do I hear a motion?
COMMISSIONER HENNING: Motion to accept staffs
recommendations.
Page 194
June 12,2007
MR. WEEKS: Mr. Chairman, if! may. Staffs recommendation
is not to grant the continuance.
COMMISSIONER HENNING: Right, that's what it says.
CHAIRMAN COLETTA: So we have a motion. Do I have a
second?
COMMISSIONER FIALA: Yes, I'll second that.
CHAIRMAN COLETTA: We have a motion from
Commissioner Henning, a second by Commissioner Fiala.
Any comments?
(No response.)
CHAIRMAN COLETTA: Hearing none, all those in favor of the
motion, indicate by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 4-0.
Item # 11
PUBLIC COMMENTS OF GENERAL TOPICS
MR. MUDD: Commissioner, that brings us to public comments
on generally topics.
MS. FILSON: Mr. Chairman, I have no registered speakers.
CHAIRMAN COLETTA: Okay.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
Page 195
June 12, 2007
MR. MUDD: Commissioner, that brings us to staff and
commissioner general communications.
COMMISSIONER HENNING: Wow.
CHAIRMAN COLETTA: I just wanted to make sure--
Commissioner Fiala just pointed out, the two people in the back of the
room, did you have some comments that you wanted to make to this
commission? No?
(No response.)
CHAIRMAN COLETTA: I guess not.
MR. FERGUSON: They're the one at Wilson and Immokalee
Road. They're the owners.
CHAIRMAN COLETTA: Okay. Thank you.
Yes, go ahead. Staff comments, Mr. Mudd?
MR. MUDD: Yes, sir, I only have one, and I just want to make
sure that we're still on solid ground, and this has to do with the
resolution -- and this has to do with the resolution 2000-149, and the
board of late has been interested in any kind of delegations, and this
has to do with the delegation that the board has given to county
manager during their absence and when they're on vacation.
And in the past, ever since this resolution's transpire, if there's
routine business that comes across in your absence, then I will approve
that item and there will be a stipulation on that item that states under
paragraph three, got approval of this agreement by the county
manager subject to formal ratification by the Board of County
Commissioners. If the decision of the county manager is not ratified
by the board, this agreement shall be enforceable against Collier
County only to the extent authorized by law in the absence of such
ratifications by the board.
And I just want to make sure that we're still okay during your
absence and vacation with this particular resolution, this is what the
board's desire is.
Page 196
June 12,2007
CHAIRMAN COLETTA: Okay. Commissioner Coyle, then
Commissioner Henning.
COMMISSIONER COYLE: I would like to encourage us to use
a different phrase than vacation. There is nothing about this period
that resembles a vacation under most circumstances, for at least the
majority of some of the board, that we're only missing three meetings.
It's not like we're taking many, many months away from this
process, and we're still doing a lot of work in the process. Let's call it
a recess, you know.
COMMISSIONER FIALA: I like that.
CHAIRMAN COLETTA: That makes sense.
COMMISSIONER COYLE: That's what it is. We're just not
meeting. That doesn't mean that the board members are on vacation.
They're -- we certainly take the opportunity to get out of town for a
while, but coming back here in preparation for a budget in July and
dealing with the things that we're going to be dealing with this
summer is not going to be a vacation.
COMMISSIONER FIALA: We're taking our computers and--
COMMISSIONER COYLE: Yeah.
CHAIRMAN COLETTA: I agree with you. Between that time
I'm gone, I average four to six hours a day with the computer and the
cell phone.
COMMISSIONER COYLE: Yeah. You're still responding to
correspondence, you're talking with constituents, you're meeting with
homeowner associations, you're doing a lot of things, and vacation is
just the wrong term.
CHAIRMAN COLETTA: That's very good. Commissioner
Henning?
COMMISSIONER HENNING: Would you call my wife and tell
her that?
COMMISSIONER COYLE: Is she going on vacation, is that--
COMMISSIONER HENNING: Well, she thinks it's a vacation.
Page 197
June 12, 2007
COMMISSIONER COYLE: Does she really?
COMMISSIONER HENNING: Yeah.
COMMISSIONER COYLE: Well, my wife thinks it's a vacation
when I'm here rather than at home, right?
COMMISSIONER HENNING: Just a clarification. Under
normal things that the board has to approve, you're bringing those
back anyways?
MR. MUDD: Yes, sir, I do, absolutely. I put them on an agenda
item the first time you get back, and you have to ratify them. And I
bring them to your attention and put the entire executive summary.
Executive summaries are done.
COMMISSIONER HENNING: So it's not a delegation. It's just
a postponement until the board ratifies what you have done?
MR. MUDD: Yes, sir.
COMMISSIONER HENNING: Yeah.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: Yeah. We do this every year, and
it's just good that we do it so that we can keep government moving
along, and then we come back and say, aye, yay, nay, whatever.
So I motion to approve, if that's what you need.
MR. MUDD: No, you don't need it.
COMMISSIONER HENNING: No.
MR. MUDD: I just want to make sure the board's still okay with
it.
COMMISSIONER FIALA: Oh, okay.
MR. MUDD: And Commissioner Coyle, just so you know, the
only reason I use vacation is --
COMMISSIONER HENNING: Because it says it.
MR. MUDD: -- because the second whereas it says vacation
schedule. And maybe in 2000 it was a vacation, but it isn't that way
anymore.
COMMISSIONER COYLE: It's not that way anymore. It wasn't
Page 198
June 12, 2007
even in 2000. I can remember spending hours on a satellite phone
talking to you guys at board meetings.
COMMISSIONER HENNING: In 2000?
COMMISSIONER FIALA: You weren't even here.
COMMISSIONER COYLE: No, I'm sorry, 2004.
COMMISSIONER HENNING: Before you -- yeah, before you
were a commissioner, it was a vacation.
COMMISSIONER COYLE: Yeah, that's true, that's true.
CHAIRMAN COLETTA: Let's move on. Mr. Mudd?
MR. MUDD: That's all I have, Mr. Chairman.
CHAIRMAN COLETTA: Okay. Mr. Weigel?
MR. WEIGEL: No, nothing. Thank you very much.
CHAIRMAN COLETTA: Great. Let's start with Commissioner
Henning.
COMMISSIONER HENNING: Nothing, sir.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: Yeah, two things. First, just a little
bit of a good news items that has nothing to do with the price of rice,
but last night I was searching for gasoline, and my husband said, go
over there on Manatee Road over off 951. They had gas at a Shell and
a Texaco side by side, $2.93. Anybody going out there, $2.93 for that
gas over there, so I thought maybe people would want to know. And --
CHAIRMAN COLETTA: I'm sorry. I'm going to have to
interrupt you. Make sure you tell them that Donna Fiala sent you.
COMMISSIONER COYLE: You don't pay for gas, do you?
COMMISSIONER FIALA: I'm afraid I do, sir.
CHAIRMAN COLETTA: Maybe now you won't have to. Who
knows? Go ahead.
COMMISSIONER FIALA: And the other thing was, there was a
little thing we were talking -- actually, Commissioner Henning at last
the meeting had pulled off a bunch of the impact fees, and he just
wanted to get some things clear about them as far as the ownership
Page 199
June 12,2007
and turning home ownership over and who the impact fees go to and
so forth, but it got my thought processes going.
And I was wondering, if these impact fees in the -- initially are
assigned to companies or to organizations until said owners take
possession, then how do we know -- how can we be assured that those
owners are here legally? And I'm not saying owner. I'm saying
occupants of that house.
We talk all the time about -- about illegals and yet are we helping
-- are we enabling? Are we fostering that? Are we making sure that
our -- our impact fee deferrals are going to people who have asked --
or who have at least come here legally?
MR. KLATZKOW: Staff assures me that they investigate each
and every one of the applications and that they are here legally, and if
they're not, I won't sign off on the agreement.
COMMISSIONER FIALA: Both members of the household, is
that --
MR. KLATZKOW: Well, you'll actually be seeing an item next
time for the board's consideration that one owner is legal and one
owner is not legal, and we're going to ask for board direction on that
one. But we require that everyone who owns that, at this point in time,
be legal, and we'll be coming back to you for direction for that one.
COMMISSIONER FIALA: Even if you sold to Midnight Home
Sales because they're building a bunch of affordable housing units, but
then Midnight Home Sales absorbs these impact fees and then they
sell it to whomever qualifies, they would have to then be legal, and
you guys look through that; is that correct?
MR. KLATZKOW: Staff assures me that they do that.
COMMISSIONER FIALA: All righty. Okay. I just -- I just
wanted to check that out. Thank you very much.
COMMISSIONER COYLE: If! could add to that, it's my
understanding -- and correct me if I'm wrong -- that staff actually
requires original documents, not copies, which could be more easily
Page 200
June 12, 2007
forged. So they actually demand to see original copies of their
registration documents.
COMMISSIONER FIALA: That's great -- as we heard this
morning when Mike Carr was here about forged documents and so
forth. That's great.
CHAIRMAN COLETTA: Anything else?
COMMISSIONER FIALA: That's all.
CHAIRMAN COLETTA: Commissioner Coyle?
COMMISSIONER COYLE: Nothing.
CHAIRMAN COLETTA: Well, if Commissioner Coyle has
absolutely nothing to say, then I have nothing to say either. We're
adjourned.
****Commissioner Halas moved, seconded by Commissioner
Henning and carried unanimously, that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16Al
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR QUAIL WEST, PHASE 3, UNIT 6-
W/RELEASE OF UTILITIES PERFORMANCE SECURITY
Item #16A2
FINAL AND UNCONDITIONAL CONVEYANCE OF THE
WATER FACILITY FOR ROYAL COVE PLAZA - W /RELEASE
OF UTILITIES PERFORMANCE SECURITY
Item #16A3
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITY
Page 201
June 12,2007
FOR ROYAL COVE PLAZA - W /RELEASE OF UTILITIES
PERFORMANCE SECURITY
Item #16A4
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR STRATFORD PLACE CARRIAGE HOMES -
W/RELEASE OF UTILITIES PERFORMANCE SECURITY
Item # 16A5
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITY FOR STRATFORD PLACE TOWNHOMES -
W/RELEASE OF UTILITIES PERFORMANCE SECURITY
Item # 16A6
RECORDING THE FINAL PLAT OF "MARQUESA ROYALE"
Item #16A7 - Moved to Item #10F
Item # 16A8
BUDGET AMENDMENT OF UP TO $13,488 FROM FY07 FUND
186 ADOPTED BUDGET TO COVER A GAP IN SALARY FOR
THE IMMOKALEE WEED AND SEED COORDINATOR
POSITION. (COMPANION ITEM TO THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) APPROVAL OF
EXPENDITURE UNDER 16Gl) - THE WEED AND SEED
PROGRAM IS A MULTI-AGENCY APPROACH TO LAW
ENFORCEMENT, CRIME PREVENTION AND
NEIGHBORHOOD RESTORATION
Page 202
June 12,2007
Item #16Bl
RESOLUTION 2007-145: REDUCING THE SPEED LIMIT ON
COLLIER BOULEVARD (CR 951) FROM THE CURRENT
SPEED LIMIT OF FIFTY-FIVE MILES PER HOUR (55 MPH) TO
FIFTY MILES PER HOUR (50 MPH) FROM 1500 FT. NORTH OF
RATTLESNAKE HAMMOCK ROAD TO 750 FT. SOUTH OF
LEL Y CUL TURAL BOULEVARD - AIMED AT KEEPING
TRAFFIC FLOWING SMOOTHLY AND SAFELY
Item #16B2
AN AMENDMENT TO A FUNDING AGREEMENT WITH THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO
SHARE IN A PORTION OF THE CONSTRUCTION COST OF
THE LEL Y AREA STORMW A TER IMPROVEMENT PROJECT
AND TO APPROVE A BUDGET AMENDMENT TO
RECOGNIZING $395,000 OF REVENUE APPROPRIATING
SAME AMOUNT AS AN EXPENSE INTO THE PROJECT,
PROJECT 511011 - AMENDMENT NO. OT060483-AOl FOR
PHASE I OF THE PROJECT
Item #16B3
EXPENDITURE OF $64,090 FOR A PARA-TRANSIT VEHICLE
THROUGH THE FLORIDA DEPARTMENT OF
TRANSPORTATION PROCUREMENT PROCESS USING A
COMBINATION OF $46,553 IN RURAL CAPITAL GRANT
REIMBURSEMENT DOLLARS, $17,000 IN INSURANCE
REIMBURSEMENTS, AND $537 IN LOCAL DOLLARS FROM
FUND 427 PROJECT 314271; TO ACCEPT THE RURAL
Page 203
June 12,2007
CAPITAL GRANT MONEY AND INSURANCE
REIMBURSEMENTS AND APPROVE THE NECESSARY
BUDGET AMENDMENTS; AND TO USE THE FY07 FLORIDA
VEHICLE PROCUREMENT PROGRAM AND WAIVE THE
COMPETITIVE PURCHASE PROCESS - FOR THE PURCHASE
OF A PARATRANSIT TURTLETOP VEHICLE FROM FLORIDA
BUS UNLIMITED
Item # 16B4
THE PURCHASE OF THREE (3) P ARA- TRANSIT VEHICLES
THROUGH THE 5310 GRANT THAT ONLY REQUIRES A 10%
MATCH THROUGH THE COUNTY ($26,185.70) -AWARDED
THROUGH THE ELDERL Y AND PERSONS WITH
DISABILITIES PROGRAM
Item #16B5
CHANGE ORDER IN THE AMOUNT OF $122,010.00 TO CH2M
HILL, INC. AMENDING CONTRACT #05-3774 GORDON RIVER
WATER QUALITY PARK (PROJECT NO. 510185)
ENGINEERING DESIGN CONTRACT - FOR SUPPLEMENTAL
DESIGN SERVICES; THE PARK IS LOCATED EAST OF
GOODLETTE-FRANK ROAD AND NORTH OF GOLDEN GATE
P ARKW A Y WITHIN THE CITY OF NAPLES
Item #16Cl
A CHANGE ORDER IN THE AMOUNT OF $217,000 FOR THE
ELECTRICAL WORK AT PELICAN BAY WASTEWATER
DECOMMISSIONING PLANT AND THE ASSOCIATED
BUDGET AMENDMENT, PROJECT 72501 - TO IMPROVE THE
Page 204
June 12, 2007
LEVEL OF SERVICE OF THE COUNTY IRRIGATION
QUALITY WATER SYSTEM BY CONVERTING THE EXISTING
OXIDATION DITCH TO A GROUND STORAGE TANK
Item # 16C2
CHANGE ORDER 2 TO AGREEMENT 06-3939 FOR PROGRAM
MANAGEMENT AND OVERSIGHT SERVICES WITH
MALCOLM PIRNIE, INC., IN THE AMOUNT OF $169,342
RELATED TO THE NORTHEAST FACILITY, PROJECT 75012-
TO CONTINUE PROGRAM MANAGEMENT SERVICES FROM
JUL Y 1 L 2007 THROUGH SEPTEMBER 30, 2007
Item #16Dl
LIMITED USE LICENSE AGREEMENT BETWEEN THE
BOARD OF COUNTY COMMISSIONERS AND THE NAPLES
JUNIOR CHAMBER OF COMMERCE, INC., APPROVING USE
OF SPECIFIED COUNTY-OWNED PROPERTY FOR
CONDUCTING A JULY 4TH FIREWORKS FESTIVAL. ($25,000
CONTRIBUTION FROM COLLIER COUNTY) - TO BE HELD
AT SUGDEN REGIONAL PARK ON JULY 4TH, 2007
Item #16D2 - Withdrawn
A LIEN AGREEMENT WITH ENRIQUE GAL VAN RAMIREZ
AND ANA M. GAL VAN (OWNERS) FOR DEFERRAL OF 100%
OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-
OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT
94, INDEPENDENCE, PHASE II IN IMMOKALEE - DEFERRING
$8,166.25 IN IMPACT FEES
Page 205
June 12, 2007
Item #16D3
BUDGET AMENDMENTS IN THE AMOUNT OF $113,428 TO
ENSURE CONTINUOUS FUNDING OF THE ALZHEIMER'S
DISEASE INITIATIVE GRANT - FOR THE PERIOD JUL Y 1,
2007 THROUGH JUNE 30, 2008
Item #16D4
BUDGET AMENDMENT IN THE AMOUNT OF $7,099 (CASE
MANAGEMENT) TO ENSURE CONTINUOUS FUNDING OF
THE HOME CARE FOR THE ELDERLY GRANT - FOR THE
PERIOD JULY 1, 2007 THROUGH JUNE 30, 2008
Item #16D5
BUDGET AMENDMENTS IN THE AMOUNT OF $697,291 TO
ENSURE CONTINUOUS FUNDING OF THE COMMUNITY
CARE FOR THE ELDERL Y GRANT - FOR THE PERIOD JULY
l, 2007 THROUGH JUNE 30, 2008
Item # 16D6
A LIEN AGREEMENT WITH MADELEINE JOSEPH (OWNER)
FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING
UNIT LOCATED AT LOT 132, INDEPENDENCE, PHASE II -
DEFERRING $10,177.64 IN IMPACT FEES
Item #16D7
A LIEN AGREEMENT WITH DIEUSEUL & MARTHE MAREUS
Page 206
June 12,2007
(OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY
IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE
HOUSING UNIT LOCATED AT LOT 87, INDEPENDENCE,
PHASE II - DEFERRING $8,166.25 IN IMP ACT FEES
Item #16D8
A LIEN AGREEMENT WITH LEMOINE MOINIUS AND MARIE
MOINIUS (OWNERS) FOR DEFERRAL OF 100% OF COLLIER
COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED
AFFORDABLE HOUSING UNIT LOCATED AT LOT 8, TRAIL
RIDGE, NAPLES - DEFERRING $12,143.84 IN IMPACT FEES
Item # 16D9
A LIEN AGREEMENT WITH GASTON DUPERRIER AND
MARIE DUPERRIER (OWNERS) FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMP ACT FEES FOR AN OWNER-
OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT
5, TRAIL RIDGE, NAPLES - DEFERRING $12,143.84 IN
IMPACT FEES
Item #16DI0
A LIEN AGREEMENT WITH MANASSE FRADEUS AND
MARTINE FRADEUS (OWNERS) FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMP ACT FEES FOR AN OWNER-
OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT
141, TRAIL RIDGE, NAPLES - DEFERRING $12,143.84 IN
IMPACT FEES
Item #16El
Page 207
June 12,2007
A BUDGET AMENDMENT TO FUND 516, PROPERTY AND
CASUALTY INSURANCE TO FINALIZE THE PAYMENT OF
PROPERTY INSURANCE CLAIMS RELATED TO HURRICANE
WILMA (OCT. 2005) AND TO RECOGNIZE CORRESPONDING
REINSURANCE RECOVERIES IN THE AMOUNT OF $1,449,063
- FOR THE REPAIR AND REPLACEMENT OF DAMAGED
PROPERTY
Item # 16E2
A BUDGET AMENDMENT TO FUND 518, WORKERS
COMPENSATION, IN THE AMOUNT OF $24,400 TO PROVIDE
ONLINE SAFETY TRAINING TO COLLIER COUNTY STAFF -
TO MEET OSHA'S CODE OF FEDERAL REGULATION
REQUIREMENTS
Item # 16E3
REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS
AND CHANGES TO WORK ORDERS TO BOARD-APPROVED
CONTRACTS - COVERING THE PERIOD APRIL 17,2007
THROUGH MAY 21,2007
Item #16E4
A MEMORANDUM OF UNDERSTANDING BETWEEN THE
COUNTY, THE SOCIAL SECURITY ADMINISTRATION AND
THE DEPARTMENT OF HOMELAND SECURITY
INSTITUTING PARTICIPATION IN THEIR EMPLOYMENT
ELIGIBILITY VERIFICATION PROGRAM (EVV), BASIC PILOT
TO VERIFY INFORMATION ON NEWLY HIRED EMPLOYEES
Page 208
June 12,2007
AND TO MAINTAIN COMPLIANCE WITH IMMIGRATION
LAW -AS DETAILED IN THE EXECUTIVE SUMMARY
Item # 16E5
THE ADDITION OF THE CLASSIFICATION "DIRECTOR -
COASTAL MANAGEMENT PROGRAMS" TO THE 2007 FISCAL
YEAR PAY AND CLASSIFICATION PLAN - DUE TO THE
RECENT REORGANIZATION WITHIN THE COUNTY
MANAGER'S AGENCY
Item #16Fl
CHANGE ORDER #3 IN THE AMOUNT OF $20,000 ON
CONTRACT 05-3772 WITH MILES MEDIA GROUP FOR
TOURISM DEPARTMENT WEB SITE MODIFICATIONS - TO
ADD ENHANCEMENTS AND TO MAKE THE WEBSITE MORE
USER FRIENDLY (W /CHANGE ORDER, PRESENT
AGREEMENT AMOUNT - $143,340.00)
Item # 16F2
MEMORANDUM OF UNDERSTANDING FOR COUNTY
EMERGENCIES BETWEEN COLLIER COUNTY AND HABIT A T
FOR HUMANITY OF COLLIER COUNTY - FOR RELIEF
ACTIVITIES AND ASSISTANCE DURING PRESIDENTIALLY
DECLARED AND UNDECLARED DISASTERS
Item # 16F3
MEMORANDUM OF UNDERSTANDING FOR COUNTY
EMERGENCIES BETWEEN COLLIER COUNTY AND
Page 209
June 12, 2007
VETERANS OF FOREIGN WARS POST 7721 - FOR RELIEF
ACTIVITIES AND ASSISTANCE DURING PRE SIDENTIALL Y
DECLARED AND UNDECLARED DISASTERS
Item #16F4
MEMORANDUM OF UNDERSTANDING FOR COUNTY
EMERGENCIES BETWEEN COLLIER COUNTY AND
GUADALUPE SOCIAL SERVICES - FOR RELIEF ASSISTANCE
AND ACTIVITIES DURING PRESIDENTIALL Y DECLARED
AND UNDECLARED DISASTERS
Item #16F5
ACCEPT AN AWARDED COMMUNITY FOUNDATION GRANT
TO HELP FUND ATTENDANCE OF STAFF AT THE 2007
NATIONAL CONFERENCE ON COMMUNITY PREPAREDNESS
AND THE APPROVAL OF NECESSARY BUDGET
AMENDMENTS TO RECOGNIZE AND APPROPRIATE
REVENUE IN THE AMOUNT OF $1,762.00 - HELD IN
ALEXANDRIA, VA JUNE 10-12, 2007
Item #16F6
MEMORANDUM OF UNDERSTANDING FOR COUNTY
EMERGENCIES BETWEEN COLLIER COUNTY AND
MAYFLOWER CONGREGATIONAL CHURCH - FOR RELIEF
ASSISTANCE AND ACTIVITIES DURING PRESIDENTIALL Y
DECLARED AND UNDECLARED DISASTERS
Item # 16F7
Page 210
June 12, 2007
MEMORANDUM OF UNDERSTANDING FOR COUNTY
EMERGENCIES BETWEEN COLLIER COUNTY AND
IMMOKALEE FRIENDSHIP HOUSE - FOR RELIEF
ASSISTANCE AND ACTIVITIES DURING PRE SIDENTIALL Y
DECLARED AND UNDECLARED DISASTERS
Item #16F8
AN INTER-LOCAL AGREEMENT BETWEEN COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS AND THE
COLLIER COUNTY SCHOOL DISTRICT REGARDING
DISASTER PREPAREDNESS RESPONSIBILITIES CONTAINED
IN FLORIDA STATUTE 252 - FOR COOPERATION DURING
EMERGENCIES BY COORDINATING THE USE OF SCHOOL
BUILDINGS, EQUIPMENT AND STAFFING IN ASSISTANCE
TO THE COUNTY
Item #16Gl
COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE
THE EXPENDITURE OF UP TO $13,488 FROM FY07 FUND 186
ADOPTED BUDGET TO COVER A GAP IN SALARY FOR THE
IMMOKALEE WEED AND SEED COORDINATOR POSITION.
(COMP ANION ITEM TO THE BOARD OF COUNTY
COMMISSIONERS' BUDGET AMENDMENT APPROVAL
UNDER 16A8) - THE WEED AND SEED PROGRAM IS A
MULTI-AGENCY APPROACH TO LAW ENFORCEMENT,
CRIME PREVENTION AND NEIGHBORHOOD RESTORATION
Item #16G2
SITE IMPROVEMENT GRANT AGREEMENT(S) BETWEEN
Page 211
June 12,2007
THE COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY AND A GRANT APPLICANT(S) WITHIN THE
BA YSHORE GA TEW A Y TRIANGLE COMMUNITY
REDEVELOPMENT AREA ($8,000) - FOR PROPERTY AT 2754
SHOREVIEW DRIVE, NAPLES
Item #16G3
COMMUNITY REDEVELOPMENT AGENCY TO APPROVE
THE PURCHASE OF A RESIDENTIAL (MOBILE HOME) LOT
AND TRAILER IN THE BA YSHORE AREA OF THE CRA AS
PART OF A CRA RESIDENTIAL INFILL PROJECT; TO
APPROVE PAYMENT FROM AND AUTHORIZE THE CRA
CHAIRMAN TO MAKE A DRAW FROM THE BA YSHORE
GA TEW A Y TRIANGLE CRA W ACHOVIA BANK LINE OF
CREDIT IN THE AMOUNT OF $90,000 PLUS COST AND
EXPENSES TO COMPLETE THE SALE OF SUBJECT
PROPERTY; AND APPROVE ANY AND ALL NECESSARY
BUDGET AMENDMENTS - FOR PROPERTY AT 3991 NEW
MOON COURT, NAPLES, ($90,000)
Item # 16G4
COMMUNITY REDEVELOPMENT AGENCY TO APPROVE
THE PURCHASE OF A RESIDENTIAL (MOBILE HOME) LOT
AND TRAILER IN THE BA YSHORE AREA OF THE CRA AS
PART OF A CRA RESIDENTIAL INFILL PROJECT; TO
APPROVE PAYMENT FROM AND AUTHORIZE THE CRA
CHAIRMAN TO MAKE A DRAW FROM THE BA YSHORE
GA TEW A Y TRIANGLE CRA W ACHOVIA BANK LINE OF
CREDIT IN THE AMOUNT OF $90,000 PLUS COST AND
EXPENSES TO COMPLETE THE SALE OF SUBJECT
Page 212
June 12,2007
PROPERTY; AND APPROVE ANY AND ALL NECESSARY
BUDGET AMENDMENTS.- FOR PROPERTY AT 3962
HARVEST COURT, NAPLES, ($90,000)
Item #16G5
A GRANT OFFER FROM THE FLORIDA AIRPORTS COUNCIL
(F AC) AND AUTHORIZE ITS CHAIRMAN TO EXECUTE THE
GRANT AGREEMENT IN THE AMOUNT OF $5,000, AND
APPROVE ALL NECESSARY BUDGET AMENDMENTS. THIS
GRANT IS TO PROVIDE WAGES, LIVING ASSISTANCE
AND/OR TRANSPORTATION EXPENSES FOR ONE (1)
INTERN DURING THE SUMMER OF 2007 AT THE MARCO
ISLAND EXECUTIVE AIRPORT. THIS GRANT DOES NOT
REQUIRE MATCHING FUNDS - TO PROVIDE A COLLEGE
INTERN PRACTICAL WORKING KNOWLEDGE AND
EXPERIENCE IN AVIATION MANAGEMENT RELATED
STUDIES
Item # 16G6
A GRANT OFFER FROM THE FLORIDA AIRPORTS COUNCIL
(F AC) AND AUTHORIZE THE BOARD'S CHAIRMAN TO
EXECUTE THE GRANT AGREEMENT IN THE AMOUNT OF
$5,000 AND APPROVE ALL NECESSARY BUDGET
AMENDMENTS. THIS GRANT IS TO PROVIDE WAGES,
LIVING ASSISTANCE AND/OR TRANSPORTATION
EXPENSES FOR ONE (1) INTERN DURING THE SUMMER OF
2007 AT THE IMMOKALEE REGIONAL AIRPORT. THIS
GRANT DOES NOT REQUIRE MATCHING FUNDS - TO
PROVIDE A COLLEGE INTERN PRACTICAL WORKING
KNOWLEDGE AND EXPERIENCE IN A VIA TION
Page 213
June 12, 2007
MANAGEMENT RELATED STUDIES
Item #16G7
RESOLUTION 2007-146: AUTHORIZING THE AIRPORT
AUTHORITY'S EXECUTIVE DIRECTOR TO NEGOTIATE, AND
BRING BACK TO THE BOARD FOR ITS APPROVAL, AN
AGREED-UPON TWENTY -FIVE (25) YEAR SUB-LEASE
AGREEMENT WITH THE FLORIDA ARMY NATIONAL
GUARD TO SUB-LEASE A TWENTY-FIVE (25) ACRE PARCEL
OF LAND AT THE IMMOKALEE REGIONAL AIRPORT ON
WHICH THE NATIONAL GUARD WILL CONSTRUCT ITS
READINESS CENTER (NATIONAL GUARD ARMORY) - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16G8
A BUDGET AMENDMENT FOR $208,000 TO INCREASE
REVENUES AND EXPENSES FOR THE SALE AND PURCHASE
OF AVIATION FUEL AT THE MARCO ISLAND EXECUTIVE
AIRPORT AND THE IMMOKALEE REGIONAL AIRPORT-
DUE TO AN INCREASE IN SALES AND FUEL COSTS
Item #16Hl
COMMISSIONER HENNING'S REQUEST FOR
REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING
A VALID PUBLIC PURPOSE. COMMISSIONER HENNING
ATTENDED 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, FL. $30.00 TO BE PAID
Page 214
June 12,2007
FROM COMMISSIONER HENNING'S TRAVEL BUDGET - AT
2600 TIBURON DRIVE, NAPLES
Item # 16H2
COMMISSIONER HENNING'S REQUEST FOR
REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING
A VALID PUBLIC PURPOSE. COMMISSIONER HENNING
ATTENDED THE FRENCH LEGION OF HONOR/COLLIER
COUNTY VETERANS COUNCIL AWARD CEREMONY AND
LUNCHEON ON JUNE 6, 2007 AT THE HILTON NAPLES,
NAPLES, FL. $29.00 TO BE PAID FROM COMMISSIONER
HENNING'S TRAVEL BUDGET - AT 5111 T AMIAMI TRAIL
NORTH, NAPLES
Item # 16H3
PROCLAMATION DESIGNATING JUNE 29 - JULY 5, 2007 AS
NATIONAL CLEAN BEACHES WEEK; TO BE MAILED TO MR.
WALTER MCLEOD, BOARD OF DIRECTORS AND ADVISORS,
CLEAN BEACHES COUNCIL, WASHINGTON, D.C. -
ADOPTED
Item #16H4
COMMISSIONER HALAS' REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE ECONOMIC DEVELOPMENT
COUNCIL LUNCHEON AT FLORIDA GULF COAST
UNIVERSITY ON MAY 24,2007. $31.00 TO BE PAID FROM
COMMISSIONER HALAS' TRAVEL BUDGET - MEETING
WITH A CHINESE DELEGATION TO PROMOTE
Page 215
June 12,2007
COOPERATIVE RELATIONS BETWEEN THE JIANGSU
PROVINCE IN CHINA AND THE STATE OF FLORIDA
Item # 16H5
COMMISSIONER HALAS' REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE ECONOMIC DEVELOPMENT
COUNCIL EASTERN COLLIER COUNTY INDUSTRY AND
OPPORTUNITY TOUR ON MAY 30, 2007. $20.00 TO BE PAID
FROM COMMISSIONER HALAS' TRAVEL BUDGET -
TOURED EASTERN COLLIER COUNTY AND P ARTICIP A TED
IN A RIBBON CUTTING CEREMONY FOR THE TRAINING
AND MANUFACTURING INSTITUTE'S FACILITY
Item #16H6
COMMISSIONER COLETTA'S REQUEST FOR
REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING
A VALID PUBLIC PURPOSE. COMMISSIONER PAID IN
ADVANCE TO ATTEND THE PHYSICIAN LED ACCESS
NETWORK (PLAN) OF COLLIER COUNTY'S ANNUAL BOARD
MEETING AND DINNER ON MAY 14,2007 AND IS
REQUESTING REIMBURSEMENT IN THE AMOUNT OF
$25.00, TO BE PAID FROM HIS TRAVEL BUDGET - HELD AT
THE PHYSICIANS REGIONAL MEDICAL CENTER LOCATED
AT 8300 COLLIER BOULEVARD, NAPLES
Page 216
June 12,2007
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 217
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
June 12, 2007
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
A. Districts:
(1) Ave Maria Stewardship Community District: Proposed Budget FY
2007 - 2008.
(2) Quarrv Community Development District: Minutes of November 7,
2006.
(3) Cow Slouqh Water Control District: Annual Financial Report FY
2006.
B. Minutes:
(1) Haldeman Creek Maintenance Dredqinq M.S.T.U. Advisorv
Committee: Agenda for April 26, 2007; Minutes of March 29, 2007.
(2) Bavshore Beautification M.S.T.U. Advisorv Committee: Minutes of
March 21, 2007; Agenda for May 9, 2007; Budget FY 2008.
(3) Immokalee Beautification M.S.T.U. Advisorv Committee: Agenda for
April 25, 2007; Minutes of March 28, 2007; Budget FY 2008.
(4) Domestic Animal Services Advisorv Committee: Minutes of March
20, 2007; Minutes of April 17, 2007.
(5) Golden Gate M.S.T.U. Advisorv Committee: Minutes of March 26,
2007 Special Meeting; Budget FY 2008.
(6) Collier County Librarv Advisorv Board: Agenda for April 25, 2007;
Minutes of March 21,2007.
H:\DA T A \FRONT DESK - 2007\2007 Miscellaneous Correspondence\061207 _misc_corr.doc
(7) Collier County Historic and Archaeoloqical Preservation Board:
Agenda for May 2, 2007.
(8) Emerqencv Medical Services Advisorv Council: Minutes of April 25,
2007.
(9) Collier County Planninq Commission: Revised Agenda for May 3,
2007.
(10) Collier County Public Vehicle Advisorv Committee: Agenda for May
7, 2007.
(11) Forest Lakes Roadwav and Drainaqe M.S.T.U. Advisorv Committee:
Agenda for May 9, 2007; Minutes of April 11 , 2007.
(12) Lelv Golf Estates Beautification M.S.T.U. Advisorv Committee:
Agenda for May 17, 2007; Minutes of April 19, 2007.
H:\DATAIFRONT DESK - 2007\2007 Miscellaneous Correspondence\06I207_misc_corr.doc
June 12, 2007
Item #1611
BOARD OF COUNTY COMMISSIONERS TO SERVE AS THE
LOCAL COORDINATING UNIT OF GOVERNMENT FOR THE
UNITED STATES DEPARTMENT OF JUSTICE COPS SECURE
OUR SCHOOLS (SOS) 2007 GRANT PROGRAM - A TWO-
YEAR PROGRAM TO FUND SCHOOL SAFETY EFFORTS
Item # 16J2
DISBURSEMENTS FOR THE PERIOD OF MAY 12,2007
THROUGH MAY 18, 2007 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #1613
DISBURSEMENTS FOR THE PERIOD OF MAY 19,2007
THROUGH MAY 25, 2007 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16J4
DISBURSEMENTS FOR THE PERIOD OF MAY 26, 2007
THROUGH JUNE 01, 2007 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16J5
THE STATE REVENUE SHARING APPLICATION FOR FISCAL
YEAR 2007-2008 AND FOR THE CHAIRMAN TO SIGN THE
APPLICATION - TO ENABLE THE COUNTY TO CONTINUE
TO RECEIVE FUNDS UNDER THE STATE REVENUE
Page 218
June 12,2007
SHARING ACT
Item #16J6
DOCUMENT FOR THE ELEVENTH YEAR STATE CRIMINAL
ALIEN ASSISTANCE PROGRAM (SCAAP) GRANT FUNDS -
TO HELP FUND COSTS ASSOCIATED WITH THE
INCARCERATION OF ALIENS
Item #16Kl
STIPULATED FINAL JUDGMENT FOR PARCEL 112 IN THE
AMOUNT OF $165,000 IN THE LAWSUIT STYLED COLLIER
COUNTY V. THE SHORES AT BERKSHIRE LAKES MASTER
HOMEOWNER'S ASSOCIATION, INC., ET AL, CASE NO. 06-
0828-CA (SANTA BARBARA BOULEVARD PROJECT NO.
62081) (FISCAL IMPACT: $17,200.00) - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item # 16K2
AGREED ORDER AWARDING EXPERT FEES AND COSTS
RELATING TO PARCEL NO. 178 IN THE CASE STYLED
COLLIER COUNTY V. TEODORO GIMENEZ, ET AI.; CASE NO.
04-0561-CA (VANDERBILT BEACH ROAD PROJECT #63051)
(FISCAL IMPACT: $56,000.00)
Item # 16K3
STIPULATED FINAL JUDGMENT FOR PARCELS 858 AND 958
IN THE AMOUNT OF $19,300.00 IN THE LAWSUIT STYLED
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY
Page 219
June 12,2007
V. GRAND CYPRESS COMMUNITIES, ET AI., CASE NO. 05-
1053-CA, SOUTH COUNTY REGIONAL WATER TREATMENT
WELLFIELD PROJECT #70892 (FISCAL IMPACT: $650.00)
Item #16K4
THE MAKING OF A SECOND OFFER OF JUDGMENT TO
RESPONDENTS, DUFFIELD W. MATSON, III AND SARAH
MATSON, FOR PARCELS 717R, 917, 718R AND 918R IN THE
AMOUNT OF $31,500.00 IN THE LAWSUIT STYLED COLLIER
COUNTY V. DUFFIELD W MATSON, IlL ET AI., CASE NO. 05-
l054-CA, SOUTH COUNTY REGIONAL WATER TREATMENT
WELLFIELD PROJECT #70892 (FISCAL IMPACT: $16,350.00 IF
OFFER IS ACCEPTED)
Item # 16K5
STIPULATED FINAL JUDGMENT AS TO PARCELS 716, 816,
916,814 AND 914 IN THE AMOUNT OF $93,340 IN THE
LAWSUIT STYLED COLLIER COUNTY V. CENTREX CORP.,
LTD., ET AI., CASE NO. 05-1129-CA (SOUTH COUNTY
REGIONAL WATER TREATMENT WELLFIELD PROJECT
#70892) (FISCAL IMPACT: $38,990) - FOR PARCELS
LOCATED OFF OF CR 951
Item # 16K6
STIPULATED FINAL JUDGMENT AS TO PARCELS 815 AND
915 IN THE AMOUNT OF $33,890 IN THE LAWSUIT STYLED
COLLIER COUNTY V. COLONNADE ON COLLIER BL VD. LLC.,
ET AI., CASE NO. 05-1091-CA (SOUTH COUNTY REGIONAL
WATER TREATMENT WELLFIELD PROJECT #70892) (FISCAL
Page 220
June 12,2007
IMPACT: $37,871.70) - FOR PARCELS LOCATED EAST OF CR
951
Item #16K7
AGREED ORDER AWARDING EXPERT FEES AND COSTS
RELATING TO PARCEL NO. 134 IN THE CASE STYLED
COLLIER COUNTY V. TREESOURCE, INC., ET AI., CASE NO.
02-5167-CA (IMMOKALEE ROAD PROJECT #60018) (FISCAL
IMPACT: $1,800.00)
Item # 16K8
STIPULATED FINAL JUDGMENT FOR PARCEL NO. 130 IN
THE LAWSUIT STYLED COLLIER COUNTY V. BEREAN
BAPTIST CHURCH OF NAPLES, INC., ET AI., CASE NO. 06-
1254-CA (COUNTY BARN ROAD PROJECT NO. 60101).
(FISCAL IMPACT $58,337.25
Item # 16K9
DRAFTING OF AN ORDINANCE AMENDING COLLIER
COUNTY ORDINANCE NO. 87-60, AS AMENDED, TO BE
EXEMPT FROM THE COUNTY'S LOCAL REQUIREMENTS,
BUT NOT FROM STATE OF FLORIDA NEWLY ENACTED
STATUTORY REQUIREMENTS, REGARDING SOLICITATION
ACTIVITIES CONDUCTED IN OR ALONG STREETS AND
ROADS BY ORGANIZA TIONS THAT ARE EXEMPT FROM
FEDERAL INCOME TAXES UNDER SECTION 501(C)(3) OF
THE INTERNAL REVENUE CODE AND ARE EITHER
REGISTERED AS A CHARITABLE ORGANIZATION (OR
SPONSOR) WITH FLORIDA'S DEPARTMENT OF
Page 221
June 12, 2007
AGRICULTURE AND CONSUMER SERVICES, OR ARE
STATUTORILY EXEMPT FROM SUCH STATE
REGISTRATION - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16KI0
RESOLUTION 2007-147: AUTHORIZING THE COLLIER
COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO
REISSUE REVENUE BONDS ISSUED IN 2004 TO FINANCE
EDUCATIONAL FACILITIES FOR COMMUNITY SCHOOL OF
NAPLES, INC. - AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #17A
ORDINANCE 2007-47: PETITION PUDA-2006-AR-I0916, PINE
RIDGE MIXED-USE CENTER MPUD, MICHAEL R.
FERNANDEZ REPRESENTING THE GRAND INN OF NAPLES,
INC., REQUEST TO HA VE THE COLLIER COUNTY
PLANNING COMMISSION (CCPC) CONSIDER AN
APPLICATION TO REZONE THE SUBJECT SITE FROM THE
PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT
TO THE MIXED USE PLANNED UNIT DEVELOPMENT
(MPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN
AS PINE RIDGE MIXED USE CENTER MPUD. THE
AMENDMENT TO THE APPROVED MPUD DOCUMENT
PROPOSES TO ADD 24,000 SQUARE FEET OF COMMERCIAL
USE, ADD "GENERAL OFFICE" AS A PERMITTED USE,
ELIMINATE "RESTAURANT" AS A PERMITTED USE, AND
INCLUDE REVISIONS TO THE DEVELOPMENT STANDARDS
-LOCATED AT 1100 PINE RIDGE ROAD, NAPLES
Page 222
June 12, 2007
Item #17B
RESOLUTION 2007-148: PETITION A VPLAT-2007-AR-11576,
LIP ARI-PONZIANE, TO DISCLAIM, RENOUNCE AND
VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN
A COUNTY UTILITY EASEMENT ENCUMBERING TRACT
"FD-l", LIPARI-PONZIANE, A SUBDIVISION AS RECORDED
IN PLAT BOOK 47, PAGES 80 THROUGH 89 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN
SECTION 31, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA
Item #17C
RESOLUTION 2007-149: PETITION: CU-2006-AR-9458, SILVER
STRAND III PARTNERSHIP, REPRESENTED BY GEORGE L.
VARNADOE, ESQUIRE, OF CHEFFY, P ASSIDOMO, WILSON &
JOHNSON, LLP AND FRED REISCHL, AICP, OF AGNOLI,
BARBER & BRUNDAGE, INC., REQUEST FOR A
CONDITIONAL USE FOR RINKER CONCRETE PLANT AT
SILVER STRAND IN THE RURAL AGRICULTURAL WITH AN
MOBILE HOME OVERLAY (A-MHO) ZONING DISTRICT. THE
SUBJECT PROPERTY, CONSISTING OF 14.74:1: ACRES, IS
LOCATED APPROXIMATELY 1,300 FEET SOUTH OF
STOCKADE ROAD ON THE EAST SIDE OF IMMOKALEE
ROAD (CR 846), IN SECTION 15, TOWNSHIP 47 SOUTH,
RANGE 29 EAST, IMMOKALEE, COLLIER COUNTY,
FLORIDA
Item #17D
Page 223
June 12,2007
ORDINANCE 2007-48: PETITION: PUDZ-2005-AR-7588,
RICHARD EVANS, REPRESENTED BY TIM HANCOCK, OF
DAVIDSON ENGINEERING, INC., REQUEST FOR A REZONE
FROM RURAL AGRICULTURE "A" ZONING DISTRICT TO
COMMERCIAL PLANNED UNIT DEVELOPMENT "CPUD", TO
BE KNOWN AS EVANS CPUD, BY CREATING A PUD
DOCUMENT AND MASTER PLAN, PROPOSING MEDICAL
AND PROFESSIONAL OFFICES AND NON-COMMERCIAL
INDOOR STORAGE BY OCCUPANTS OF THE BUILDING(S),
WITH A MAXIMUM OF 52,000 SQUARE FEET. THE SUBJECT
PROPERTY, CONSISTING OF 6.0 ACRES, IS LOCATED WEST
OF LIVINGSTON ROAD AND SOUTH OF PINE RIDGE ROAD
AT 12745 LIVINGSTON ROAD IN SECTION 13, TOWNSHIP 49,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA
Item #17E
RESOLUTION 2007-150: PETITION HD-2006-AR-I0449 MARIE
BARNETT, OF M. BARNETT DESIGN, REPRESENTING
SIEGFRIED AND IRENE F ASCHER, SUBMITTED A HISTORIC
DESIGNATION FOR 11219 KEEWAYDIN ISLAND AS A
HISTORICALLY SIGNIFICANT STRUCTURE FOR PROPERTY
LOCATED ON THE SOUTH 100 FEET OF NORTH 500 FEET OF
LOTS 1 AND 2, SOUTH NAPLES SHORES, SECTIONS 23 AND
24, TOWNSHIP 51 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA - DESIGNATING THE "HART COTTAGE"
A HISTORIC DESTINATION ON KEEW AYDIN ISLAND
Item # 17F
ORDINANCE 2007-49: AMENDING ORDINANCE NO. 84-37, AS
AMENDED, ALSO KNOWN AS THE COLLIER COUNTY CODE
Page 224
June 12, 2007
OF LAWS AND ORDINANCES, CHAPTER 38, ARTICLE III,
PERTAINING TO POST DISASTER RECOVERY AND
RECONSTRUCTION MANAGEMENT
Item #17G
ORDINANCE 2007-50: AMENDING COLLIER COUNTY
ORDINANCE NO. 75-16, AS AMENDED, FOR THE PURPOSE
OF REVISING AND CLARIFYING THE TIME, PLACE, AND
CONDUCT OF MEETINGS OF THE BOARD OF COUNTY
COMMISSIONERS, THE PROCEDURE FOR SCHEDULING
AND THE CONSIDERATION OF ITEMS OF BUSINESS OF THE
BOARD OF COUNTY COMMISSIONERS ON THE AGENDA,
THE PROCEDURE FOR ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS AT THE MEETING, AND THE
PROCEDURES FOR THE RECONSIDERATION OF MATTERS
BY THE BOARD OF COUNTY COMMISSIONERS
Item #17H - Moved to Item #8C and continued to the June 26,2007
BCC Meeting
Page 225
June 12, 2007
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:21 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
#~~
JIM COLETTA, Chairman
ATTEST:
DWIGHT E. BROCK, CL~
~~tk~\k'
.'
These minutes appro7 the Board on "1 I~:'~,s
presented L. or as corrected?: ". · oj' ,7'
. .. ~)
. .' .~....... ,".,
...... .:..'~
U~J'iJ'~ J' ..
TRANSCRIPT PREPARED ON BEHALF OF GREGORY
COURT REPORTING SERVICES, INC., BY TERRI
LEWIS.
Page 226