BCC Minutes 06/09/2009 R
June 9, 2009
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, June 9, 2009
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board( s) of such
special district as has been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: Donna Fiala
Fred Coy Ie
Jim Coletta
Tom Henning
ALSO PRESENT:
Jim Mudd, County Manager
Leo Ochs, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Sue Filson, BCC Executive Manager
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
June 9, 2009
9:00 AM
Donna Fiala, BCC Chairman Commissioner, District 1; CRAB Vice Chairman
Fred W. Coyle, BCC Vice-Chairman Commissioner, District 4
Jim Coletta, BCC Commissioner, District 5; CRAB Chairman
Frank Halas, BCC Commissioner, District 2
Tom Henning, BCC Commissioner, District 3
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."
June 9, 2009
Page 1
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
B. May 12,2009 - BCC/Regular Meeting
C. May 13,2009 - BCC/Strategic Planning Workshop
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
5 Years:
1) Victor L. Brittain, Bayshore Beautification MSTU Advisory
Committee
2) Rayburn Cadwallader, Housing Finance Authority
June 9, 2009
Page 2
3) Byron 1. Meade, Airport Authority
4) Judith M. Hushon, Environmental Advisory Council
B. 10 Years:
1) Robert H. Jones, Forest Lakes Roadway & Drainage Advisory
Committee
4. PROCLAMATIONS
A. Proclamation designating July 20, 2009 as Colombian Flag Day to recognize
the efforts of the Colombian community in promoting cross-cultural
understanding throughout Southwest Florida by way of concerts, seminars,
public forums, and events related to Colombian and American History. To
be accepted by Ernesto Velasquez.
B. Proclamation for the Waste Reduction Awards Program recipient "The Club
& Spa at Fiddlers Creek" for their outstanding green business practices and
continued efforts to promote waste reduction and recycling. To be accepted
by Mr. Ron Albeit, General Manager and Mr. Phil Brougham, Chairman,
Fiddler's Creek CDD 1.
C. Proclamation recognizing June 20, 2009 as World Refugee Day. As we see
exponential growth in the number of refugees and displaced people around
the world with over eighty percent being women and children their tenacity
and strength is honored with this day of recognition of their plight and we
welcome the many who have been assimilated into our society. To be
accepted by Sharon Kirkpatrick and Bob Saunders, District 3 Director,
Catholic Charities of Collier County.
5. PRESENTATIONS
A. This item continued from the Mav 26. 2009 BCC Meetin2. Presentation
by Michael Sole, Secretary, Florida Department of Environmental Protection
regarding Comprehensive Everglades Restoration Plan.
B. Recommendation to recognize Heidi Fahnestock, Nutrition Program Leader,
Housing and Human Services, as Employee of the Month for May 2009.
June 9, 2009
Page 3
C. Contractor Presentation: Santa Barbara Boulevard 6 Lane from Davis
Boulevard (SR-84) to Copper Leaf Lane and Radio Road 4 Lane from Santa
Barbara Boulevard to Davis Boulevard.
6. PUBLIC PETITIONS
A. Public petition request by Adam Oosterbaan to discuss median cut at
entrance to Camden Cove/Brittany Bay Communities.
B. Public petition request by Naomi McFarland to discuss back sewer charges
for residents of Tall Oaks.
C. Public petition request by Brian Ohlis to discuss beer sales in Sugden Park
for the F 1 Champ Boat Grand Prix Event.
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item continued to the June 23. 2009 BCC Meetin2. This item
reQuires that all participants be sworn in and ex parte disclosure be
provided bv Commission members. Petition: SV-2009-AR-14l40 Red
Roof Inn, represented by Brent Forte of Site Enhancement Services, Inc. is
requesting four Sign Variances from LDC Section 5.06.04. The first
variance is from Subsection 5.06.04 C.l. which requires a minimum
separation of 1 ,OOO-foot between signs to allow 262 feet between signs. The
second variance is from Subsection 5.06.04 C.I.a. which allows a l5-foot
high sign to allow a 23-foot high sign. The third variance is from Subsection
5.06.04 C.l.c. which allows a sign area of 80 square feet to allow a sign area
of96 square feet. The fourth variance is from Subsection 5.06.04 C.4 which
permits one wall sign to allow an additional wall sign. The subject property
is located at 1925 Davis Boulevard, in Section 2, Township 50 South, Range
25 East, Collier County, Florida.
8. ADVERTISED PUBLIC HEARINGS
9. BOARD OF COUNTY COMMISSIONERS
June 9, 2009
Page 4
A. Appointment of members to the Collier County Coastal Advisory
Committee.
B. Appointment of members to the Contractor's Licensing Board.
C. Appointment of members to the Hispanic Affairs Advisory Board.
10. COUNTY MANAGER'S REPORT
A. Discussion on Fence Height Waivers per request of the Board of County
Commissioners. (Susan Istenes, AICP, Director, Zoning & Land
Development Review, CDES)
B. This item was continued from the May 26. 2009 BCC meetin2. and at
the reQuest of Commissioner Halas and the stakeholders. is further
continued to the June 23. 2009 BCC meetin2. Recommend approval from
the Board of County Commissioners to install Navigational Markers in
Outer Clam Bay for USACE permit compliance and recommendation to
move forward with permitting and installation. (Gary McAlpin, Coastal
Zone Management Director)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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June 9, 2009
Page 5
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Runaway Bay at Fiddlers
Creek with the roadway and drainage improvements being privately
maintained.
2) Recommendation to approve final acceptance of the water utility
facility for Grevillius Building.
3) Recommendation to award Bid #09-5075, Collection Agency Services
for Collier County to MINTEX, Inc.
B. TRANSPORTATION SERVICES
1) Recommendation to approve a Budget Amendment in the amount of
$108,719.05 for Traffic Accident Reimbursements, Fund 112 Project
#60076.1, and to recognize revenues for future repairs.
2) Recommendation that the Board of County Commissioners approves
the transfer of administrative duties and services for the Haldeman
Creek Maintenance Dredging Municipal Service Taxing Unit (MSTU)
from Alternative Transportation Modes to Bayshore Gateway
Triangle Community Redevelopment Agency (CRA) staff; directs the
Budget Office to discontinue the annual transfer of funds from the
Road and Bridge Maintenance (Fund 101) to the Bayshore
Beautification MSTU (Fund 163) as of FYI O.
3) Recommendation to accept the FY09-10 Federal Transit
Administration Section 5310 Grant award in the amount of$75,080
and to approve the purchase of one (1) paratransit vehicle utilizing
those funds.
4) Recommendation to approve a Resolution approving and authorizing
the Chairman of the Board of County Commissioners to execute a
Local Agency Program Agreement with the Florida Department of
Transportation, which Agreement implements up to $280,000 for the
construction of a SCOOT (Split Cycle Offset Optimization
Technique) System on Airport Road by Collier County, with
June 9, 2009
Page 6
reimbursement by the Florida Department of Transportation.
5) Recommendation to accept the FY08-09 grant award under the
Federal Transit Administration (FTA) Section 5311 American
Recovery and Reinvestment Act (ARRA) Program in the amount of
$495,090.00 and to execute the Joint Participation Agreement (JP A)
between Florida Department of Transportation (FDOT) and Collier
County. (Paratransit vehicle, bus shelters, electronic fareboxes and
related equipment)
6) Recommendation to award Bid #09-5241 for construction of Lely
Area Stormwater Improvement Project (LASIP) Mitigation Park
Restoration Project No. 60084.1, to EarthBalance in the amount of
$60,053.00 plus a ten percent contingency.
7) Recommendation to accept the Immokalee Stormwater Master Plan as
commissioned by the Big Cypress Basin of the South Florida Water
Management District and approve staffs approach to update the plan.
C. PUBLIC UTILITIES
1) Recommendation to authorize a Budget Amendment of$633,362.96
from Reserves for Capital to Project Number 73969, South County
Water Reclamation Facility Technical Support. (Odor Control System
improvements)
2) Recommendation to authorize a Budget Amendment of $270,396.00
from Reserves for Capital to Project Number 71066, North County
Regional Water Treatment Plant Technical Support. (Power
distribution upgrades, chemical tank upgrades, degasifier upgrades)
3) Recommendation to authorize a Budget Amendment of$599,280.00
from Reserves for Capital to Project Number 73968, North County
Water Reclamation Facility Technical Support. (Chemical piping spill
containment, bleach system pump improvement, aeration blower
controller replacements, flow meter replacements)
4) Recommendation to authorize a Budget Amendment to reallocate
funds in the amount of$85,000 from Reserves to the Irrigation
June 9, 2009
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Quality Water Source Integration Project #74405. (System
distribution and inter-connection upgrades)
5) Recommendation to approve a Budget Amendment in the amount of
$100,000.00 for the Collier County Inflow & Infiltration
Implementation Program for the continuance of the Flow Meter
Assessment phase of the Project #72500.
6) Recommendation to approve a Budget Amendment of $82,227.00
from Reserves for Capital to Project Number 73964, Wastewater
Supervisory Control and Data Acquisition System Improvements.
(NCWRF SCADA system upgrades)
7) Recommendation to approve a Budget Amendment in the amount of
$215,000.00 from Reserves for Capital to Project Number 73974.2,
South County Water Reclamation Facility Deep Injection Well Surge
and Pressure Relief System Rehabilitation.
8) Recommendation to approve a Budget Amendment in the amount of
$100,000 to complete the design and permitting of the IQ Water
Booster Station and to provide engineering services during its
construction, Project #74076.
9) Recommendation to authorize a Budget Amendment of$93,388.00
from Reserves for Capital to Project Number 73922 Wastewater
Collections SCADA (Supervisory Control & Data Acquisition
System) Improvements. (Acquisition/installation of power restoration
monitoring devices)
10) Recommendation to approve a Work Order under Contract #08-5011
Underground Utilities Contracting Services in the amount of
$573,362.70 to Quality Enterprises USA, Inc.; Projects #73307 and
#73972. (Modifications to wastewater pumping stations in
Wyndemere and Kings Lake)
11) Recommendation to authorize a Budget Amendment of $500,000.00
from Reserves for Capital to Project Number 70009, Cross
Connection Program. (Acquisition/installation of back flow prevention
June 9, 2009
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devices)
12) Recommendation to authorize a Budget Amendment of$489,853.00
from Reserves for Capital to Project Number 71010, Distribution
System Renewal and Replacement. (Replacement of obsolete water
mains and meters)
13) Recommendation to authorize a Budget Amendment of$124,435.00
from Reserves for Capital to Project Number 71050, Primary
Transmission System Rehabilitation. (Water main interconnection
projects)
14) Recommendation to approve a Purchase Agreement with Russell
Willis Holaway and Nancy Holaway for 2.5 acres for the Solid Waste
Management Departments proposed Resource Recovery Park, at a
total cost not to exceed $72,000; PROJECT #59007.
15) Recommendation to authorize a Budget Amendment of $400,000.00
from Reserves for Capital to Project Number 70010, Meter Renewal
and Replacement; approve the sole source purchase of 3 and above
water meters from Sunstate Meter & Supply, Inc.
16) Recommendation for Board approval for County Staff to Attend the
June 19, 2009 Florida Public Service Commission Meeting to
Challenge the Florida Power and Light Company (FPL) Rate Review
and Proposed Rate of Return on Investment (ROI) of 12.5 percent,
and to Support the Proposed Electric Service Prepayment Concept.
17) Recommendation to approve a Budget Amendment of approximately
$2,400,000 to transfer a Master Pump Station Mechanical
Improvement project from the wastewater capital projects fund to the
2006 Revenue Bond Proceeds Fund to segregate the project funded by
the 2006 Revenue Bond.
18) Recommendation to approve an early payoff of a State Revolving
Fund (SRF) Preconstruction Loan in the amount of$1,162,787.08 and
approve necessary Budget Amendments.
June 9, 2009
Page 9
D. PUBLIC SERVICES
1) Recommendation to approve a resolution to support the concept of a
1,600-acre recreation area within the Dade-Collier Training and
Transition Airport which would support a variety of recreational
activities inclusive of Off Highway Vehicles (OHV) use and trails
with Miami Dade County.
2) Recommendation to approve an agreement with the District School
Board of Collier County for transporting school-age summer
recreation program participants at an estimated cost of $50,000.
3) Recommendation to approve a Budget Amendment in the amount of
$100,615 to ensure continuous funding of the Alzheimers Disease
Initiative grant in the Services for Seniors program from the Area
Agency on Aging and authorize eligible expenditures prior to the
execution of the agreement.
4) Recommendation to approve a Budget Amendment in the amount of
$672,993 to ensure continuous funding of the Community Care for the
Elderly grant for the Services for Seniors program from the Area
Agency on Aging and authorize eligible expenditures prior to the
execution of the agreement.
5) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, six (6) Owner Occupied lien
agreements for deferral of 100% of Collier County impact fees for
owner-occupied affordable housing dwelling units located in Collier
County.
6) Recommend approval from the Board of County Commissioners to
contract for the engineering, design and permitting for Wiggins Pass
Improvements as outlined in the April 6, 2009 Coastal Planning and
Engineering Proposal for $160,717 on a time and materials, not to
exceed price basis.
7) Recommendation to approve and sign a limited use license agreement
between the Board of County Commissioners and the Naples Junior
Chamber of Commerce, Inc., approving use of specified county-
June 9, 2009
Page 10
owned property for conducting a July 4th Fireworks Festival.
8) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign an Interlocal Agreement with
Everglades City for improvements to McLeod Community Park in the
amount of $60,000.
9) Recommendation that the Board of County Commissioners approves a
Florida Fish and Wildlife (FWCC) grant funding in the amount of
$80,000, together with a $10,000 match by the County to the
University of Florida for a boater characterization study.
10) Recommendation for the Board of County Commissioners to approve
the Award of Bid #09-5167 to the lowest qualified responsive bidder
BCBE Construction Co., Inc., for the construction contract for Sugden
Park Water Ski & Sailing Centers Project #80007.1 in the amount of
$612,539.00.
11) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, an agreement with the Area
Agency on Aging for Southwest Florida, Inc. in the amount of
$68,901.84. These federal funds are provided by the United States
Department of Health and Human Services under the American
Recovery and Reinvestment Act of 2009 and will be used to increase
congregate and home delivered meals for seniors in Collier County.
12) Recommend that the Board of County Commissioners approve and
authorize the Chairman to sign Change Order # 1 to Work Order
C3TS-FT-4l53-08-02 for design consultant C3TS for the Manatee
Park Project (#80122.1) design in the amount of$50,000.00 on a time
& material, not-to-exceed basis to provide the Site Development Plan
and the required SFWMD permits. The net contractual value of
services will total $243,950.00.
13) Present to the Board of County Commissioners a summary of the
Impact Fee Deferral Agreements recommended for approval in FY09,
including the total number of Agreements approved, the total dollar
amount deferred and the balance remaining for additional deferrals in
June 9, 2009
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FY09.
14) Recommendation to award Contract #09-5242, Naples Station
Museum Phase IV to Wall Systems Inc. of SWFL, d/b/a Professional
Building Systems, in the amount of $98,238 to complete the
installation of a fire suppression sprinkler system in the Naples Depot
Museum.
15) Recommendation to approve a Budget Amendment in the amount of
$6,191 to ensure continuous funding of the Home Care for the Elderly
grant for the Services for Seniors program from the Area Agency on
Aging and authorize eligible expenditures prior to the execution of the
agreement.
E. ADMINISTRATIVE SERVICES
1) Affirm the applicability of the current Purchasing Policy to all County
contracts.
2) Recommendation to award Bid #09-5187 On-Call Mechanical
Contractor to Piping Unlimited and Retro, Inc.; Conditioned Air
Corporation; Hill York Corporation; and Page Mechanical Group,
Inc., for mechanical contractor services.
3) Recommendation to approve a Budget Amendment to recognize and
appropriate Building Maintenance Special Service and other Building
Maintenance revenues totaling $185,866.40 for reimbursement of
personnel and operating expenses in Fiscal Year 2009.
4) Recommendation to Award Bid #09-5250, Furniture Relocation
Services for the New Collier County Courthouse Annex, to Office
Furniture and Design Concepts,Inc. in the amount of $64,100.00.
5) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
6) Recommendation that the Board of County Commissioners approves
the submittal of United States Department of Energy (DOE) Energy
Efficiency and Conservation Block Grant application for American
June 9, 2009
Page 12
Recovery and Reinvestment Act of 2009 (ARRA) funding in the
amount of $3,036,000.
F. COUNTY MANAGER
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the fiscal Year 2008-09 Adopted Budget.
2) Recommendation that the Board of County Commissioners approves
using tourist tax dollars to fund the Tourism Department summer
marketing campaign up to $414,836 from Emergency Advertising
Fund 196.
3) Recommendation to award Bid # 09-5217 for the purchase of
emergency medications to Henry Schein Matrix Medical, Kentron
Health Care, Inc., Midwest Medical Supply Company, Bound Tree
Medical, LLC and Alliance Medical DBA Allmed for the Emergency
Medical Services Department for an estimated cost for FY 09 of
$100,000.
4) A resolution of the Board of County Commissioners of Collier
County, Florida amending Resolution No. 91-185; appointing
representatives to the Florida Local Government Finance
Commission; and providing an effective date.
5) Recommendation to approve expenses not to exceed $600 for Collier
County to provide bus service for conference participants from other
counties to two locations scheduled June 25, 2009, during the Florida
Association of Counties 2009 Annual Conference in Collier County at
the Marriott Marco Island Resort.
6) Recommendation that the Board of County Commissioners authorizes
an offering of the Voluntary Separation Incentive Program pursuant to
Collier County Ordinance No. 09-13, empowers the County Manager
to implement the program, and authorizes the Chairman to sign the
enabling Resolution.
June 9, 2009
Page 13
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation for the Community Redevelopment Agency to
adopt a Resolution amending CRA Resolution 2001-98 as it relates to
the Bylaws of the Bayshore/Gateway Triangle Local Redevelopment
Advisory Board.
2) Recommendation for the Community Redevelopment Agency to
adopt a Resolution amending the terms of office of three members of
the Bayshore/Gateway Triangle Local Redevelopment Advisory
Board.
3) Recommend approval of the award ofRFP #09-5184 and Professional
Services Agreement between Collier County Community
Redevelopment Agency and Pizzuti Solutions, LLC for Phase I
planning/professional pre-development services for a mixed use
development on CRA-owned land in an estimated annual amount of
$527,252.
4) Request that the Collier County Redevelopment Agency approve the
application and recipient agreement for the Immokalee Community
Redevelopment Agency (CRA) Commercial Faade Improvement
Grant Program for reimbursement of $18,457 for B&B Cash Grocery
Stores, Inc. for improvements to the Handy Food Store #50 located at
417 New Market Road in Immokalee, Florida.
5) Request that the Collier County Redevelopment Agency approves the
application and recipient agreement for the Immokalee Community
Redevelopment Agency (CRA) Commercial Faade Improvement
Grant Program for reimbursement of $20,000 for B&B Cash Grocery
Stores, Inc. for improvements to the Handy Food Store #65 located at
501 North 15th Street in Immokalee, Florida.
6) Request that the Collier County Redevelopment Agency approves the
application and recipient agreement for the Immokalee Community
Redevelopment Agency (CRA) Commercial Faade Improvement
Grant Program for reimbursement of $12,222 for B&B Cash Grocery
Stores, Inc. for improvements to the Handy Food Store #77 located at
June 9, 2009
Page 14
1812 Lake Trafford Road in Immokalee, Florida.
7) Request that the Collier County Redevelopment Agency approves the
application and recipient agreement for the Immokalee Community
Redevelopment Agency (CRA) Commercial Faade Improvement
Grant Program for reimbursement of $20,000 for B&B Cash Grocery
Stores, Inc. for improvements to the Handy Food Store #91 located at
820 West Main Street in Immokalee, Florida.
8) Request that the Collier County Redevelopment Agency approves the
application and recipient agreement for the Immokalee Community
Redevelopment Agency (CRA) Commercial Faade Improvement
Grant Program for reimbursement of $6,838 for B&B Cash Grocery
Stores, Inc. for improvements to their property located at 415 New
Market Road in Immokalee, Florida which is currently being leased
by Haydens Coin Laundry.
9) Request that the Collier County Redevelopment Agency approves the
application and recipient agreement for the Immokalee Community
Redevelopment Agency (CRA) Commercial Faade Improvement
Grant Program for reimbursement of $1 7,420 for B&B Cash Grocery
Stores, Inc. for improvements to their property located at 507 North
15th Street in Immokalee, Florida which is currently being leased by
Zachs Clothing Store.
10) Request that the Collier County Redevelopment Agency approves the
application and recipient agreement for the Immokalee Community
Redevelopment Agency (CRA) Commercial Faade Improvement
Grant Program for reimbursement of $12,866 for TriQuest, Inc. for
improvements to their commercial property located at 212 & 214
South First Street in Immokalee, Florida.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Glory of the Grape Wine Tasting Event on June 7, 2009
at the Marco Island Yacht Club on Marco Island, FL. $40.00 to be
June 9, 2009
Page 15
paid from Commissioner Fiala's travel budget.
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Boater's Night Dinner on June 3, 2009 at the Marco
Island Yacht Club on Marco Island, FL. $15.00 to be paid from
Commissioner Fiala's travel budget.
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Naples Event Divas on May 13,2009 at Trilogy in
Naples, FL. $25.00 to be paid from Commissioner Fiala's travel
budget.
4) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the Project Innovation Neighborhood
America presentation on June 4, 2009 and is requesting
reimbursement in the amount of $10.00 to be paid from his travel
budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of May 16,
2009 through May 22, 2009 and for submission into the official
records of the Board.
2) To obtain Board approval for disbursements for the period of May 23,
2009 through May 29,2009 and for submission into the official
records of the Board.
3) To present to the Board of County Commissioners the State Revenue
Sharing Application for Fiscal Year 2009-2010 and to obtain approval
for the Chairman to sign the application.
June 9, 2009
Page 16
4) To obtain Board approval of year three of Contract #07-4152,
Auditing Services for Collier County, with Ernst and Young LLP, in
the amount of $639,400 and authorize execution of an official
engagement letter and Budget Amendment for audit services.
K. COUNTY ATTORNEY
1) Recommendation to approve a Stipulated Final Judgment in the
amount of$13,600 for Parcel 1 56RDUE in the lawsuit styled Collier
County v. Michael J. Crouch, et aI., Case No. 07-369l-CA (Oil Well
Road Project 60044). (Fiscal Impact None.)
2) Recommendation to approve a Stipulated Final Judgment in the
amount of $600,000 for Parcel 133 in the lawsuit styled Collier
County v. West Coast Development Corporation of Naples, Inc., et al.,
Case No. 06-0708-CA (Santa Barbara Boulevard Project 62081).
(Fiscal Impact $397,700.)
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: CU-2003-AR-3725:
Close Up Creatures, Inc., in reference to NGALA, represented by Robert J.
Mulhere, AICP of RWA, Inc. and Richard D. Yovanovich, Esquire, of
Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., is requesting
Conditional Uses pursuant to the Land Development Code Section
2.03.0I.A.l.C. The Conditional Uses being requested are as follows:
June 9, 2009
Page 17
Number 5, to allow aquaculture for non-native or exotic species subject to
Florida Fish and Wildlife Conservation Commission permits; Number 23, to
allow a Cultural, Ecological or Recreational Facility; and Number 25,
commercial production, raising or breeding of exotic animals. The subject
property which has a Rural Agriculture zoning district designation and
consists of2l acres, is located on Inez Road S.W., at the northwestern
corner of the intersection of Inez Road and Kearney Avenue, approximately
mile south of Keene Avenue, in Section 30, Township 49 South, Range 27
East, Collier County, Florida. (CTS)
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members: PUDA-2008-AR-
13801: William L. Hoover, President of Catalina Land Group, Inc. the
Manager of Wolf Creek Estates LLC and Buckstone Estates LLC; and Larry
Mayer Abbo, Vice President of Prime Homes at Portofino Falls, Ltd., all of
which are represented by William L. Hoover, AICP of Hoover Planning and
Development, Inc. and Richard Y ovanovich, of Goodlette, Coleman et al
and Josh Fruth of Davidson Engineering, Inc. are requesting a PUD
Amendment for Wolf Creek RPUD to revise traffic stipulations. The
applicant is proposing to change Section 5.7, Paragraph N and Paragraph 0
of the RPUD Document. Subject property is located on 167.96 acres in
Section 34, Township 48 South, Range 26 East, Collier County, Florida.
(CTS)
C. SE-2009-AR-14297 A resolution amending Resolution 08-373 (the KOVAC
Conditional Use) to correct a scrivener's error resulting from the inclusion of
an incorrect legal description in Exhibit B. The subject property is located at
1995 Elsa Street, in Section 11, Township 49 South, Range 25 East, Collier
County, Florida.
D. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PE-2008-AR-1407l
Sandbanks LLC, represented by Michael R. Fernandez, AICP of Planning
Development Incorporated is requesting a Parking exemption pursuant to
Land Development Code Subsection 4.05.02.K, to allow 63 parking spaces
of a proposed 1 95-space parking lot to be placed off-site on property with a
Residential Single-Family (RSF-4) zoning designation. The proposed off-
site parking lot would serve the Midtown Point commercial development
located on the east side ofUS-4l North and the north side of Rosemary
June 9, 2009
Page 18
Lane, in Section 22, Township 49 South, Range 25 East, Collier County,
Florida.
E. Recommendation that the Board of County Commissioners adopts an
Ordinance amending Ordinance No. 2009-29, the Collier County Planning
Commission Ordinance, by requiring that candidates for the Planning
Commission be nominated by the Commissioner of the District in which the
candidate resides for both initial and subsequent terms and eliminating term
limits.
F. Recommendation that the Board of County Commissioners adopts an
Ordinance amending Ordinance No. 2009-32, the Environmental Advisory
Council Ordinance, by (1) reducing the membership from 9 to 5 regular
members, and the alternate members from 2 to 1; (2) reducing the technical
membership guideline from 6 to 3 for the regular members, (3) reducing the
non-technical membership guideline from 3 to 2 for the regular members;
and (4) reducing the quorum and voting requirement from 5 to 3 members.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
June 9, 2009
Page 19
June 9, 2009
MR. MUDD: Ladies and gentlemen, if you'd please take your
seats.
Madam Chair, Commissioners, you have a hot mike.
CHAIRMAN FIALA: Thank you.
Good morning, everyone, on this nice, wonderful rainy day. So
glad you're here to join us today. This is June 9th, and Board of
County Commissioners' meeting begins.
Would you all please stand with me. We're going to have a
prayer, and then the Pledge of Allegiance. The prayer will be offered
by our County Manager, Jim Mudd.
MR. MUDD: Heavenly Father, we come to you today as a
community thanking you for the blessings that you have so generously
provided. Today we are especially thankful for the dedicated elected
officials, staff, and members of the public who are here to help lead
this county as it makes the important decisions that will shape our
community's future.
We pray that you will guide and direct the decisions made here
today so that your will for our county will always be done.
These things we pray in your holy name, amen.
CHAIRMAN FIALA: Commissioner Coletta, will you please
lead us in the Pledge.
COMMISSIONER COLETTA: I'd be honored.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: And here we are.
County Manager, would you please bring us into this agenda
with the changes, additions, corrections, and whatnot.
Item #2A
TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES
Page 2
June 9, 2009
MR. MUDD: Yes, ma'am. Agenda changes, Board of County
Commissioners' Meeting, June 9, 2009.
Withdraw SA. This item continued from the May 26, 2009, BCC
Meeting. It was a presentation by Michael Sole, Secretary of the
Florida Department of Environmental Protection, regarding the
Comprehensive Everglades Restoration Plan, and that item is at staffs
request.
The next item, which really is related to that withdrawal of SA, is
to add on Item 10F with a time certain of 11:IS a.m. This is a
recommendation to approve a resolution of a dispute between the
Collier County Water/Sewer District and the South Florida Water
Management District concerning the Picayune Strand reservation rule
and the water use permit application 060908-9, where the Collier
County Board of County Commissioners, as ex-officio and governing
board of the Collier County Water/Sewer District, agrees to withdraw
its petition for administrative hearing challenging the Picayune Strand
water reservation rule contingent on approval by the South Florida
Water Management District governing board of the attached district
staff report authorizing an increase in the county's permitted allocation
under water use permit 11-00249- W from the lower Tamiami aquifer
from 686 -- no, excuse me -- 6,868 million gallons per year to 9,673
million gallons per year, and the attached letter confirming this
increased allocation shall be considered an existing legal use of water
as of June 11, 2009. This add-on item is at district -- at staffs request.
Commissioners, we've been working on this agreement with the
South Florida Water Management now for almost four weeks, and I'm
so glad it's over. I've talked to and seen Mr. Tom Olliff more in the
last four weeks than I did the entire time he was the County Manager.
And so that -- that relationship would be nice if we don't have it
anymore.
The really good news item is our 2006 water use permit that we
applied for, again, in 2006, they agreed to approve. The thing that
Page 3
June 9, 2009
they told us -- the challenge that we had in administrative court that
they told us would not impact their Comprehensive Everglades
Restoration Plan backfired, and it basically did affect their
Comprehensive Everglades Restoration Program.
And that was all the way up till November when they said they
agreed for us to put in the particular administrative ruling claim and
said it would be fine with them. It turned out that that was bad advice
on their part and it would almost impact a hundred million dollars
worth of federal monies that would go into the restoration of the South
Golden Gate Estates, which is the first shovel-ready project that they
have for the Everglades Restoration Program, so it turned out to be a
win-win for both organizations. But it was -- it wasn't easy.
The next item is to move Item 16B2 to 10D with a time certain of
11 :30 a.m. It's a recommendation that the Board of County
Commissioners approves the transfer of administrative duties and
services for the Haldeman Creek maintenance dredging municipal
services taxing unit from the alternative transportation modes to the
Bay -- to Bayshore/Gateway Triangle Community Redevelopment
Agency, CRA staff; directs the budget office to discontinue the annual
transfer of funds from the road and bridge maintenance, Fund 101, to
the Bayshore beautification MSTU, Fund 1263, as ofFY10. The item
is being moved to the regular agenda at Commissioner Coyle's
request.
The next item is to move 16C16 to 10C. That's easy for you to
say, Leo. Again, we'll move 16C16 to 10C. It's a recommendation for
board approval for county staff to attend the June 19, 2009, Florida
Public Service Commission meeting to challenge the Florida Power
and Light Company, FPL, rate review and proposed rate of return on
investment, ROI, of 12.5 percent, and to support the proposed electric
services prepayment concept. This item is being moved from the
consent agenda to the regular agenda at Commissioner Henning's
request.
Page 4
June 9, 2009
The next item is to move Item 16E6 to 10E. It's a
recommendation that the Board of County Commissioners approve the
submittal of United States Department of Energy, energy efficiency
and conservation block grant application for American Recovery and
Reinvestment Act of 2009, which is ARRA funding, in the amount of
$3,036,000. This item is being -- was requested to be moved from the
consent to the regular agenda at Commissioner Coyle's request.
The last on the change sheet is a note. Item 16F 1. The
explanation for budget amendment 09-306 in the resolution is
improperly worded. This is not a resurfacing project. It is an
intersection expansion project.
The, $3-million-budget amendment is to recognize revenue from
a developer-funded prepayment impact fees for expansion of the U.S.
41/State Road 951 intersection project. That clarification is at staff's
request and also is Commissioner Henning's request.
That's all I have, Madam Chair, Commissioners.
CHAIRMAN FIALA: Thank you. County Manager, I had
called and spoken -- gee, I wish I could remember who now -- to ask
that the FPL rate increase be put on the regular agenda and pulled off
the consent agenda. Did that happen?
COMMISSIONER HENNING: Yeah.
MR. MUDD: It's 10C, ma'am.
CHAIRMAN FIALA: Oh, okay, fine.
MR. MUDD: Commissioner Henning had asked that that item
be moved.
CHAIRMAN FIALA: Oh, okay. I thought it--
MR. MUDD: And so did Commissioner Fiala. I'm sorry.
CHAIRMAN FIALA: Very good, thank you.
Okay. Do we have any additions, corrections, County Attorney?
MR. KLATZKOW: No changes, ma'am.
CHAIRMAN FIALA: Okay, fine. Commissioners, we don't
even have any ex parte to declare today, do we?
Page 5
June 9, 2009
COMMISSIONER COYLE: Yep, and summary.
CHAIRMAN FIALA: And summary, okay, I'm sorry. Thank
you.
Commissioner Coyle, will you begin?
COMMISSIONER COYLE: I have no further changes to the
agenda, Madam Chair, and with respect to ex parte disclosure on the
summary agenda, I have disclosures for 17 A and 1 7B. I had no
meeting with anyone concerning any of these, but I did receive
correspondence and emails and telephone calls and, of course, I
received the commission planning staff report on both of these items.
CHAIRMAN FIALA: Okay, thank you.
Commissioner Coletta.
COMMISSIONER COLETTA: Yes, thank you, Madam Chair.
I have no disclosures on the consent agenda, and under the
summary agenda, 1 7 A, I've had emails and phone calls; 17B I've had
meetings and emails, and I have no changes to the regular agenda.
Thank you.
CHAIRMAN FIALA: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Madam Chair, ex parte
communications on today's summary agenda, on 17 A I received some
email correspondence and also on 17B, and a phone call. I have no
further changes to today's agenda.
CHAIRMAN FIALA: Okay. I have a change to the agenda. I
would like to pull number 1 7F from the summary agenda onto the
regular agenda, County Manager. This has to do with the EAC
composition.
And also as far as ex parte, 17 A I have correspondence, 1 7B I
have correspondence, and 17D I have correspondence. I've had no
meetings or anything on those particular items. And that's -- and that's
everything.
Do I hear a motion to approve?t
Page 6
June 9, 2009
MR. MUDD: Madam Chair, that will be Item 8A, your pull.
CHAIRMAN FIALA: 8A, thank you. Now, we can do that -- if
our meeting is ending early, we don't have to do that after one o'clock,
do we?
MR. KLATZKOW: No, ma'am.
MR. MUDD: No.
CHAIRMAN FIALA: No, okay.
COMMISSIONER COYLE: What was that item number?
CHAIRMAN FIALA: 17F.
COMMISSIONER HENNING: Madam Chair, I make a motion
that we approve the agenda as amended.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Okay. I have a motion and a second.
All in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
Page 7
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
June 9.2009
Withdraw 5A: This item continued from the May 26, 2009 BCC Meeting. Presentation by Michael
Sole, Secretary, Florida Department of Environmental Protection regarding Comprehensive
Everglades Restoration Plan. (Staffs request.)
Add On Item 10F with a time certain of 11: 15 a.m.: Recommendation to approve resolution of a
dispute between the Collier County Water-Sewer District and the South Florida Water
Management District concerning the Picayune Strand Reservation Rule and Water Use Permit
Application 060908-9, where the Collier County Board of County Commissioners, as Ex-Officio
the Governing Board of the Collier County Water-Sewer District, agrees to withdraw its Petition
for Administrative Hearing Challenging the Picayune Strand Water Reservation Rule contingent
on approval by the South Florida Water Management District Governing Board of the attached
District Staff Report authorizing an increase in the County's permitted allocation under Water Use
Permit 11-00249-W from the Lower Tamiami Aquifer from 6,868 Million Gallons per Year to 9,673
Million Gallons per Year and the attached letter confirming this increased allocation shall be
considered an existing legal use of water as of June 11, 2009. (Staff's request.)
Move 16B2 to 1 OD with a time certain of 11 :30 a.m.: Recommendation that the Board of County
Commissioners approves the transfer of administrative duties and services for the Haldeman
Creek Maintenance Dredging Municipal Service Taxing Unit (MSTU) from Alternative
Transportation Modes to Bayshore Gateway Triangle Community Redevelopment Agency (CRA)
staff; directs the Budget Office to discontinue the annual transfer of funds from the Road and
Bridge Maintenance (Fund 101) to the Bayshore Beautification MSTU (Fund 163) as of FY10.
(Commissioner Coyle's request.)
Move 16C16 to 10C: Recommendation for Board approval for County staff to attend the June 19,
2009 Florida Public Service Commission Meeting to challenge the Florida Power and Light
Company (FPL) Rate Review and Proposed Rate of Return on Investment (ROI) of 12.5 percent,
and to support the Proposed Electric Service Prepayment Concept. (Commissioner Henning's
request.
Move 16E6 to 10E: Recommendation that the Board of County Commissioners approves the
submittal of United States Department of Energy (DOE) Energy Efficiency and Conservation Block
Grant application for American Recovery and Reinvestment Act of 2009 (ARRA) funding in the
amount of $3,036,000. (Commissioner Coyle's request.)
Note:
Item 16F1: The explanation for Budget Amendment 09-306 in the Resolution is improperly
worded. This is not a resurfacing project. It is an intersection expansion project. The $3,000,000
budget amendment is to recognize revenue from developer funded prepaid impact fees for
expansion of the US41/SR951 intersection project. (Staffs request.)
6/9/20098:47 AM
June 9, 2009
Item #2B & #2C
MINUTES FROM THE MAY 12, 2009 BCC/REGULAR MEETING
AND THE MAY 13,2009 BCC/STRATEGIC PLANNING
WORKSHOP - APPROVED AS PRESENTED
COMMISSIONER HENNING: Madam Chair, I make a motion
that we approve the May 12, 2009, BCC Regular Meeting and May
13,2009, BCC Strategic Planning Workshop.
CHAIRMAN FIALA: And a second?
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Good. All those in favor, signify by
saYIng aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Thank you very much.
N ow we move on to the great part of our meeting, and that is our
service awards.
MR. MUDD: Yes, ma'am.
CHAIRMAN FIALA: One of the great parts.
Item #3A
ADVISORY COMMITTEE SERVICE AWARDS - 5 YEAR
ATTENDEES - VICTOR L. BRITTAIN, BA YSHORE
BEAUTIFICATION MSTU ADVISORY COMMITTEE;
RAYBURN CADWALLADER, HOUSING FINANCE
AUTHORITY; BYRON J. MEADE, AIRPORT AUTHORITY;
Page 8
June 9, 2009
JUDITH M. HUSHON, ENVIRONMENTAL ADVISORY
COMMITTEE - PRESENTED
MR. MUDD: And we'll start with the five-year awards. The
first five-year awardee is Victor L. Brittain. He spent five years on the
Bayshore Beautification MSTU Advisory Committee.
Mr. Brittain, if you could please come forward.
(Applause.)
CHAIRMAN FIALA: Hi, Vic.
COMMISSIONER COYLE: Congratulations. Thank you.
COMMISSIONER HENNING: Good to see you.
COMMISSIONER COLETTA: Good one. I'll remember that
one.
MR. MUDD: The next five-year awardee is Rayburn
Cadwallader, and he has spent five years on the Housing Finance
Authority.
(Applause.)
COMMISSIONER COLETTA: Right here. How you doing?
COMMISSIONER HENNING: Thanks for your time.
COMMISSIONER COYLE: Good morning. Good to see you.
CHAIRMAN FIALA: Hi, Ray. Turn around for a picture.
MR. OCHS: Get a photo.
CHAIRMAN FIALA: Sure. Go ahead, help yourself.
MR. CADWALLADER: It's been my pleasure to work in the
private sector, non-profit, in this community, and I've come across
most of you one way or another over the last five years, even more,
even ten years. And I'm going to call this a tale of two cities and one
county, and it will take about two minutes.
The -- a hurricane occurred here recently, maybe two or three
years ago, and in that hurricane two cities, the tale of two cities,
Everglades City and Immokalee, came to light. And in particular, one
of your commissioners has worked with great effort, and the other
Page 9
June 9, 2009
three worked too, but the one is Jim Coletta.
And the most recent example of people in the private sector
working with people in the public sector came to a conclusion about
three weeks ago, and that occurred because of what resulted from the
hurricane.
Everglades City got hit pretty hard and so did Immokalee, and
the results of that were a resurrection to occur. And it started with
FEMA, and the construction of houses in Immokalee. And it starts
with two very elderly people, and I will not name them just to protect
their position. But they ended up hurt by that hurricane. They lost
their homes, and so they were recipients of the FEMA events that
occurred.
And it took awhile, but eventually they got into those houses. So
that is you folks doing your job and FEMA, whether you love them or
hate them, doing their job.
But the third thing is, that when you -- when you have a house
taken out from under you, you don't necessarily receive any of the
benefits. And in this case, although there were these two FEMA
houses constructed in Immokalee, why, they didn't get any payment or
any furniture out of it.
And so through Jim Coletta and other people, why, the telephone
starts to ring, and it included organized churches through an
organization called Volunteer Service, which is just beginning, and it
hasn't really taken an impact on this community yet, but it will.
And there are maybe ten churches that have contributed to that
nonprofit. And through that, we also -- and I have no membership of
any of these -- there was also the results showing more recently here
when the furniture question arose.
And so through the Volunteer Service, six vans were driven
down by church members to Everglades City, and there's a motel there
that backs onto the canal that is there. And that motel contributed -- it
was going through -- because of the hurricane, why, it slowly but
Page 10
June 9, 2009
surely changed all the furniture.
And outside of this motel were maybe 25 pieces of furniture,
including beds, including chairs, including other furniture, mattresses,
box springs, you name it, and end tables, and they were going to sell
it, but they were encouraged to give it.
And so these vans went down with the church-going people and
loaded up those vans with this furniture and put it on the road up to
Immokalee. They got up to Immokalee and unloaded it in a church
there. The gal's name is -- oh, heck -- Vicki Jenkins, and her church.
And not only did they do that, but I went up two days later just to
see whether everything was finished, and they had been back to
Everglades City twice more to get more furniture, and that furniture
now is all over Immokalee in various houses. The word was put out
as only Immokalee can put out the word, and people walked in and
just emptied out all this furniture, and I didn't have anything to look at.
So I was delighted that I didn't have anything to look at.
So that's my story of two cities. So thank you very much.
CHAIRMAN FIALA: Thank you, Ray.
(Applause.)
CHAIRMAN FIALA: And just on a personal note, I believe all
Immokaleeans will agree with me when I say that Jim Coletta has
been a true blessing to that area like they've never had before.
COMMISSIONER HENNING: Amen.
MR. MUDD: Commissioner, our next five-year awardee is
Byron J. Meade, and he's spent five years working on the Airport
Authority.
(Applause.)
MR. MEADE: Thank you.
CHAIRMAN FIALA: Could have just given you this at the Elks
Club, right?
COMMISSIONER COLETTA: Thank you for your devoted
servIce.
Page 11
June 9, 2009
Start walking towards the camera.
(Applause.)
MR. MUDD: Our next five-year awardee is Judith M. Hushon,
and she's done five years working on the Environmental Advisory
Committee.
(Applause.)
COMMISSIONER COYLE: Thank you, Judy. Good seeing
you.
COMMISSIONER HENNING: Congratulations.
COMMISSIONER COLETTA: Thank you for your service.
(Applause.)
Item #3B
SERVICE AWARD - 10 YEAR ATTENDEE - ROBERT H. JONES,
FOREST LAKES ROADWAY AND DRAINAGE ADVISORY
COMMITTEE - PRESENTED
MR. MUDD: And that brings us to our ten-year awardees, and
our first and last ten-year awardee for today is Robert H. Jones, and
he's performed ten years of diligent service on the Forest Lakes
Roadway and Drainage Advisory Committee.
Mr. Jones?
(Applause. )
COMMISSIONER COLETTA: Good morning.
CHAIRMAN FIALA: Good morning.
MR. JONES: Thank you so much.
CHAIRMAN FIALA: Thank you for all your work.
COMMISSIONER COYLE: Thank you.
MR. JONES: It's been my pleasure to do this work, and I'm very
proud of what we've accomplished out there. And we're about to
finish with it and with our bond issue of six-and-a-quarter million.
Page 12
June 9, 2009
CHAIRMAN FIALA: Would you like to tell us that on the
microphone so that everybody can hear it in the audience?
MR. JONES: If you would like that.
CHAIRMAN FIALA: I would like that.
COMMISSIONER COLETTA: Thank you.
MR. JONES: Thank you.
COMMISSIONER COLETTA: Let's get a picture before you
get up there.
MR. JONES: Got shot three times there.
What I was saying to the commissioners was the fact that we
have really been honored to have the opportunity to make the
headway we have at this MSTU. We worked hard on it from the very
beginning, starting with a man by the name of Harry Huber, who was
in the county at that time, and that was even before we even had
MSTUs.
But I've enjoyed that job immensely, and we have accomplished
a great amount of things with our six-and-a-quarter-million dollar
bond issue, so we've taken care of the water -- flood water
management and the repair of all the roads and repaving and all of the
drainage work, the whole 300 acres out there, the backbone of that is
the Forest Lakes Golf Course on -- off of Pine Ridge Road.
And we're just about to wind it up, and when we get that done, I'd
like to have you people come out and have -- take a little tour and see
what we've accomplished, even though it took ten years.
CHAIRMAN FIALA: Thank you, Mr. Jones.
MR. JONES: Thank you.
(Applause.)
Item #4A
PROCLAMATION DESIGNATING JULY 20,2009 COLOMBIAN
FLAG DAY TO RECOGNIZE EFFORTS OF THE COLOMBIAN
Page 13
June 9, 2009
COMMUNITY IN PROMOTING CROSS-CULTURAL
UNDERSTANDING THROUGHOUT SOUTHWEST FLORIDA
BY WAY OF CONCERTS, SEMINARS, PUBLIC FORUMS AND
EVENTS RELATED TO COLOMBIAN AND AMERICAN
HISTORY. ACCEPTED BY ERNESTO VELASQUEZ -
ONE MOTION TAKEN ADOPTING ALL PROCLAMATIONS
MR. MUDD: Commissioners, that brings us to Paragraph 4,
proclamations on our agenda.
The first proclamation is 4A. It's designating July 20, 2009, as
Colombian Flag Day to recognize the efforts of the Colombian
community and promoting cross cultural understanding throughout
Southwest Florida by ways of concerts, seminars, public forums and
events related to Colombian and American history. To be accepted by
Emesto Velasquez.
(Applause.)
MR. MUDD: Thank you.
Item #4B
PROCLAMATION RECOGNIZING THE WASTE REDUCTION
AWARDS PROGRAM RECIPIENT "THE CLUB & SPA AT
FIDDLER'S CREEK" FOR OUTSTANDING GREEN BUSINESS
PRACTICES AND CONTINUED EFFORTS TO PROMOTE
WASTE REDUCTION AND RECYCLING. ACCEPTED BY MR.
RON ALBEIT, GENERAL MANAGER AND MR. PHIL
BROUGHAM. CHAIRMAN. FIDDLER'S CREEK CDD NO.1
Commissioners, the next proclamation is 4B, and it's a
proclamation for the Waste Reduction Awards Program recipient, the
Club and Spa at Fiddler's Creek, for their outstanding green business
practices and continued efforts to promote waste reduction and
Page 14
June 9, 2009
recycling. To be accepted by Mr. Ron Albiet, General Manager and
Mr. Phil Brougham, Chairman of the Fiddler's Creek, CDD Number
One.
(Applause.)
CHAIRMAN FIALA: Hi. Good to see you. How are you? I
have one thing for each one of you. Look at this. Okay. Look at this.
This is quite an important thing, so we're pleased that you took this
effort. Thank you.
(Applause.)
CHAIRMAN FIALA: Good to see you, Ron.
THE AUDIENCE: You had it upside down.
MR. ALBEIT: Only you would notice.
Good morning. I just want to thank the County Commissioners,
County Manager, and Dan Rodriguez and Janet Go for this great
award for Fiddler's Creek, the Club and Spa. Of course, our green
team with Dean Star, our director of engineering heading that up, we
really appreciate that; of course, Phil Brougham, who put our name up
for the award and we appreciate that very much.
We work very hard at Fiddler's Creek to sustain our
environment, do what we can in our best effort to protect our
environment. We would hope one day we're here to receive our first
Palm Award, and that's our goal. Thank you very much.
CHAIRMAN FIALA: Thank you.
(Applause.)
CHAIRMAN FIALA: Dan, did you want to say something?
MR. RODRIGUEZ: No, I was going to grab the door for him.
CHAIRMAN FIALA: Oh, okay.
Item #4C
PROCLAMATION RECOGNIZING JUNE 20,2009 AS WORLD
REFUGEE DAY. AS WE SEE EXPONENTIAL GROWTH IN THE
Page 15
June 9, 2009
NUMBER OF REFUGEES AND DISPLACED PEOPLE AROUND
THE WORLD WITH OVER EIGHTY PERCENT BEING WOMEN
AND CHILDREN THEIR TENACITY AND STRENGTH IS
HONORED WITH THIS DAY OF RECOGNITION OF THEIR
PLIGHT AND WE WELCOME THE MANY WHO HAVE BEEN
ASSIMILATED INTO OUR SOCIETY. ACCEPTED BY SHARON
KIRKPATRICK AND BOB SAUNDERS, DISTRICT 3
DIRECTOR, CATHOLIC CHARITIES OF COLLIER COUNTY-
ADOPTED
MR. MUDD: The next proclamation is 4C. It's recognizing June
20,2009, as World Refugee Day. As we see exponential growth in
the number of refugees and displaced people around the world with
over 80 percent being women and children, their tenacity and strength
is honored this day of recognition of their plight, and we welcome the
many who have been assimilated into our society.
To be accepted by Sharon Kirkpatrick and Bob Saunders, District
3 Director of Catholic Charities of Collier County.
(Applause.)
COMMISSIONER COLETTA: Oh, no, no. Picture first.
MS. KIRKPATRICK: Thank you. I'll just take a minute.
Those at Catholic Charities and the Collier County Public School
systems and at Department of Health are celebrating World Refugee
Day on June 20th. And it was designated in 2001 by the United
Nations Assembly as World Refugee Day, and we're just trying to
bring some more notice to that, as we do have many refugees in
Collier County that we work with. So thank you for the opportunity.
(Applause.)
MR. MUDD: Madam Chair, I'm going to need a motion
accepting the proclamations.
COMMISSIONER COLETTA: So moved.
COMMISSIONER HENNING: Madam Chair, I'll second that
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June 9, 2009
motion.
CHAIRMAN FIALA: Okay. I have a motion by Commissioner
Coletta, second by Commissioner Henning.
All in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Thank you.
Item #5B
RECOGNIZING HEIDI FAHNESTOCK, NUTRITION PROGRAM
LEADER, HOUSING AND HUMAN SERVICES, AS EMPLOYEE
OF THE MONTH FOR MAY, 2009 - PRESENTED
MR. MUDD: Commissioners, that brings us to presentations.
First presentation is 5B, and that is a recommendation to recognize
Heidi Fahnestock, the nutrition program leader, housing and human
services, as Employee of the Month for May of 2009.
Heidi, if you could please come forward.
(Applause.)
MR. MUDD: Heidi Fahnestock, nutrition program leader, has
been nominated as the Employee of the Month for May of 2009.
Heidi has been an employee of Collier County since 2006 and has
worked in the Housing and Human Services Department for a little
over a year.
When Heidi arrived, the department had just been over -- just
been taken over for operations of the senior nutrition program from an
outside agency. This program is designed to promote better health for
Page 1 7
June 9, 2009
elderly citizens with economic needs. Heidi had the responsibility of
bringing the program up to federal standards.
With more than 60 overtime client assessments and many
incomplete files, Heidi jumped in and created forms and procedures to
simplify reporting, billing, and client file maintenance. Her efforts
were rewarded during the annual monitoring with an outstanding
report.
Since she started with the program, Heidi has more than doubled
the number of frail, homebound seniors receiving home-delivered
meals. The program has also seen a I5-percent increase in clients
served at the county's two congregate meal sites.
Heidi is responsible for over 200 clients, and she knows every
one of them by name. Many of these clients are living in substandard
conditions, and Heidi goes about -- above and beyond to secure
additional community resources for them.
Examples of this include providing microwaves, clothing
donations, bedding, kitchen supplies, and toiletries to those in need.
Heidi is an asset to her department and this community. She is truly
deserving of this award.
Ladies and gentlemen, may I present to you Heidi Fahnestock,
Nutrition Program Leader, Housing and Human Services Employee of
the Month for May, 2009.
(Applause.)
Item #5C
CONTRACTOR PRESENTATION FOR THE SANTA BARBARA
BOULEVARD 6 LANE FROM DAVIS BOULEVARD (SR-84) TO
COPPER LEAF LANE AND RADIO ROAD 4 LANE FROM
SANTA BARBARA BOULEVARD TO DAVIS BOULEVARD
PROJECT - PRESENTED
Page 18
June 9, 2009
MR. MUDD: Commissioners, our next presentation today is 5C,
and this is a contractor presentation. Santa Barbara Boulevard, six
lanes from Davis Boulevard, which is State Road 84, to Copper Leaf
Lane and Radio Road, four lanes from Santa Barbara Boulevard to
Davis Boulevard.
And Mr. Jay Ahmad, your director of engineering and
transportation division, will present.
MR. AHMAD: Good morning, Madam Chair, Commissioners.
For the record, Jay Ahmad. I'm your director of transportation,
engineering, and construction management.
I am here this morning on a presentation by Astaldi for the Santa
Barbara Boulevard Project from Davis to just north of Golden Gate
Parkway, Copper Leaf, to be exact.
This project, which started February 5, 2007, is almost complete.
We're about 95 percent complete, and the project is on time, on
schedule and within budget. It's our largest dollar transportation
capital project, $62 million, and we're tracking on budget.
I'll let Astaldi -- Nick Reynolds with Astaldi present the project.
He has a PowerPoint presentation, if I can turn this thing on.
MR. MUDD: You think, huh? How's that, better?
MR. REYNOLDS: Madam Chair, Commissioners and attendees,
I'd like to thank you for the opportunity to give you guys an update on
the Santa Barbara Project.
As Jay Ahmad had just discussed, the project is on schedule and
is on budget. The dates -- the information on this presentation is
updated with numbers through April 30th. At the time the
presentation was submitted, that was what the month was closed out
to, but I have updated numbers that I'll go over verbally.
The project's still scheduled to be completed on August 23rd of
this year. Our original budget is still 62,051,000, and no change
orders or anything has been added to that. 95.6 percent of the work
has been completed, and 91 percent of the time of the project has
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June 9, 2009
passed. The amount of money billed and -- towards the date so far, is
59.3 million as of May 31st, '09.
This is the typical section for Santa Barbara. That's going to be
going from four lanes to six, as well as a bike lane and new sidewalk
improvements. Radio Road will be going from two lanes to four.
Here's the breakdown of the project completion percentages.
Roadway is now 95 percent; signalization's at 99 percent; highway
lighting is at 93 percent; signing and pavement markings are at 59
percent; structures, 99 percent; utilities are 100 percent complete; and
overall, the project, like I said before, is at 95.6 percent, with 91
percent time.
Here's a projection of the revenue over time. As you can see
we're tracking along the original projection.
And here's some pictures of the project. The ponds are complete.
All that's left on one of the ponds is a fence by the Calusa School.
There will be a protective fence around that pond. All the ponds have
been -- excavation completed and sodded. Most of the signs are going
up, all the lighting has gone up, and most of the project's already
sodded.
In late May we started the final course of asphalt, and we're
anticipating in about a month all the final courses of asphalt will be
complete and all that will be left will be punch-list items.
If you have any questions, I'll take them now.
CHAIRMAN FIALA: Commissioners? Looks like no
questions. Great job. I have one little question. Do we save money
because you're ahead of schedule?
MR. REYNOLDS: No.
CHAIRMAN FIALA: That was --
COMMISSIONER COYLE: No comment.
CHAIRMAN FIALA: I like that answer.
MR. REYNOLDS: We'll see. Some items have been under and
some have been over, and so we won't know until the end how it
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June 9, 2009
balances out.
CHAIRMAN FIALA: Oh, that's a good answer. Thank you very
much.
MR. REYNOLDS: Thank you.
CHAIRMAN FIALA: Thank you, Jay.
Item #6A
PUBLIC PETITION REQUEST BY ADAM OOSTERBAAN TO
DISCUSS MEDIAN CUT AT THE ENTRANCE TO THE
CAMDEN COVE/BRITTANY BAY COMMUNITIES - STAFF TO
WORK WITH PETITIONER
MR. MUDD: Commissioners, that moves us to Paragraph 6,
public petitions on your agenda.
And the first public petition is a request by Adam Oosterbaan to
discuss a median cut at the entrance to Camden Cove/Brittany Bay
communities.
Mr. Oosterbaan, if you could please come forward.
MR. OOSTERBAAN: Good morning. Madam Chairman,
members of the board, we're here today representing --
MR. MUDD: State your name for the record.
MR.OOSTERBAAN: Adam Oosterbaan. I'm the president of
the Camden Cove Condominium Association, and I'm joined here
with Wayne McDaniel, who's the regional vice-president of Concord
Management, who is the developer/manager of the adj acent
communities to us, all affected by this one problem.
Here presented on a board here -- I don't know if it's visible. We
-- this is -- this problem arose as a result of an expansion project that
was done on Collier Boulevard between Immokalee Road and
Vanderbilt Road.
And our grievance here today is that no median cut was put in
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June 9, 2009
front of our entrance, which is the Camden Cove and Brittany Bay
Communities, probably one of the most dense communities in all of
Collier Boulevard, and it misses a median cut; and it's caused, as a
result of that, some safety hazards for which we have received many
complaints from our residents -- residencies.
We have -- you have petitions, should have petitions in your
folder. There's 263 signatures of residents representing approximately
56 percent of the number of residents in the community. These
communities, again, Camden Cove and Brittany Bay, serve the same
entrance.
Now, as a result of there not being a median cut, one is obligated
in going northbound all the way to Indigo Lakes and effect aU-turn,
and that U-turn is in -- effecting that V-turn is in competition with not
only oncoming traffic from Collier Boulevard going southbound, but
also the entrance and exit to Indigo Lakes. So it's a very dangerous
U-turn.
And also, the other -- the other issue in regards to safety that I
would like to bring to your attention, we'll show you this PowerPoint
presentation briefly, is the fact that if you have an emergency that
arises at these communities, which, again, are very densely populated,
and an emergency vehicle needs to intervene within life-giving
seconds. They are obligated to travel three-tenths of a mile, turn
around, tight turn, which probably a fire truck could not turn around,
and come back another three-tenths of a mile, seconds going by, for
both police or firemen that could -- that could be fatal.
So we'll now show you a PowerPoint presentation of these facts
so you can see a bit what it looks like.
MR. McDANIEL: Ifwe could take that shot off. As Adam
stated, over 56 percent of the households signed the petition. There
are 472 residencies (sic) in the communities. There are three private
communities within the subdivision there; that said entrance is one of
the most significant on Collier Boulevard; that due to the recent
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June 9, 2009
expansion of Collier Boulevard, a median was created not allowing
proper and safe maneuver out of the properties; that there's no median
cut allowing efficient safe ingress and egress from Camden Cove and
Brittany Bay communities; that absence of a median requires effecting
unsafe U-Turns for northbound ingress and northbound egress; that
said communities appear to be the only communities in Collier County
and Immokalee Boulevard who are deprived of a median cut.
If you go back and you look down on Golden Gate Nursery--
MR. OCHS: There's a microphone there.
MR. McDANIEL: Down on Golden Gate Nursery, they have an
entrance going into their nursery. They probably have about 50
customers a day. We have well over 2,000 people traveling in and out
of our entrance. We do not have that access; the emplacement of
median cut would facilitate dense traffic in and out of said
communities, including emergency vehicles and reduce the risk of
unsafe driving maneuvers that could result in serious accidents; that
emergency vehicles would not lose potentially lifesaving seconds
expanded by driving the extra distance and negotiating tight U-Turns
that could have been spared by direct access into the communities.
As indicated there are 472 homes, over 1,000 residing residents
back in the communities. There's three separate communities that
have private gated entrances down Triangle Bay Drive. And we have
the shot here we just talked about.
So it's our hope that you will be able to review these and do
something for our residents and owners that are very seriously
concerned about injury.
CHAIRMAN FIALA: Commissioners, did you want to bring
this back for discussion at a commission meeting?
COMMISSIONER COLETTA: I think what we need to do is
have Mr. Feeders (sic) come up and give us a brief overlay of where
he sees it on it, and we can make a decision whether to bring it back.
That would be a discussion.
Page 23
June 9, 2009
CHAIRMAN FIALA: Okay. Normally what we do on a petition
-- the reason I said that was, we don't usually make decisions on that.
Not that we can't, but we don't usually. We usually bring it back for a
full-blown discussion, but we will -- we will hear what Mr. Feder has
to say.
COMMISSIONER HENNING: I just have one question.
MR. McDANIEL: Sure.
COMMISSIONER HENNING: All of these road improvements,
widenings, we have meetings. This one we had three; 30 percent
design, 60 percent design, and 90 percent design, a final.
Now, I was at those meetings, and I heard no concern about a
turn lane there. Now, these meetings are advertised, they have big
signs out on the roadway, public meeting, widening project, Collier
Boulevard. Why didn't you communicate with somebody your
concerns?
MR. McDANIEL: Well, at the time, there was no concern that
was evident until after the road was done. No one realized the amount
of difficulties that it would entail on the families leaving the
communities.
COMMISSIONER HENNING: We're doing -- we're doing that
every day. In fact, the street that I live on, the intersection was closed
off. I have to do the same thing that you do. I have to make a V-turn,
and I don't find it unsafe on a six -lane highway.
MR. McDANIEL: You find it not unsafe?
COMMISSIONER HENNING: I don't find it unsafe. I mean,
you know, what you're asking us to do is going to cost the taxpayers
money when this could have been addressed during the design phase.
Is the community willing to pick up that cost to make these changes?
MR.OOSTERBAAN: If I may briefly respond to that. There's
-- we -- the people in our communities never received notices.
Perhaps there was a sign, but the sign wasn't --
COMMISSIONER HENNING: Somebody would have to have a
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June 9, 2009
blindfold on driving down the road not to see, you know, the
advertising.
MR.OOSTERBAAN: Further, we -- prior to this work being
done, there was, you know, ability to go clear across the intersection
and effect a left-hand -- northbound exit or southbound exit. There
was that ability. Perhaps no one presumed that there would be a
cutoff.
And I don't know how many people actually have been at
meetings in this kind of regard, but we have definitely not received
any notices in our mailboxes or anything indicating that this was going
to be done, so --
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. I can understand
Commissioner Henning's frustration. We went through this recently
with Forest Glen. Not only did we hold the regular public meetings,
but we took the show on the road in there two different times, showed
all the residents that were there exactly what was planned, and their
only concern was the median plantings. There was no concern about
the U-turn that was going to be moved down. None at all.
And the defense that they offered was, is that a lot of the
residents didn't live there at the time, so how would they know about
something that was decided before they got there, which is kind of
weak. But meanwhile, you know, you try to work through these
things. Meanwhile, maybe we could hear from Mr. Feder and see
what the long-range plans are on something like that.
But I agree with Commissioner Henning that it's way overblown
as far as dangers of U-Turns. We do them daily in our lives. It's part
of a normal driving pattern, not only in Collier County, but throughout
the United States.
Mr. Feder?
MR. FEDER: For the record, Norman Feder, transportation
administrator.
Page 25
June 9, 2009
First of all, I believe Commissioner Henning pointed out one of
the major concerns, and that is that we go through the process, try to
get everybody informed, but at the same time, we also have some
constraints in this area. We've got Tree Line, which is destined, along
with the improvements of Massey and the like to the north up to
Immokalee to establish a Radio Road.
We've got a signal there that now is flashing. Eventually we'll go,
when W oodcrest is established, into full operation. We had a school
that we had the signal there for that is now defunct.
We did raise some options to try and get connection over to that
school area and to at least try to work with them and the private
property owners for interconnection. We've only got about 500 feet.
I'll ask Bob Tipton to show you some of the graphics as to what -- the
problem that we experienced in trying to respond even after-the-fact if
there were something that could be addressed.
MR. TIPTON: For the record, Bob Tipton, traffic operations
director.
Okay. This is from the appraiser's map. Unfortunately, it's taken
-- the photo was taken during construction so it only shows the
southbound side, but this is the entrance to the three developments.
This is Tree Farm Road, and this was the Lutheran school that is now
defunct.
I should point out that on this entire section of roadway between
Immokalee and Vanderbilt Drive, due to our access management
guidelines, there was a great deal of control that was placed at all
these intersections. In fact, there are only three median openings on
this entire stretch of road. All three were given traffic signals; one at
Wolfe Road, one at Tree Farm Road, and up at the middle school.
The two, Wolfe and Tree Farm, were signalized because of future
traffic, and the school signal.
The problem that we have with providing the turn into this
development is the proximity to Tree Farm Road. It's only 500 feet
Page 26
June 9, 2009
north of Tree Farm. It's not enough room to have a left turn into Tree
Farm and a left turn into Lighthouse Road that serves the
development. So that ruled out the left turn into that area.
Left out, we don't have a left out on any development from that
entire stretch of road, whether it's Summit Place or Indigo Lakes or
whatever. Everyone makes a right turn, then they go down and make
a V-turn if they want to go north. Unfortunately, because of the
proximity, there was not room to place a left -- northbound left turn
into the development.
This was, as was pointed out, was shown in all three community
meetings during the design phase, removal. And we did go back, and
we suggested -- when I spoke to Mr. Oosterbaan and email back and
forth. I've talked to the people that are, you know, representative of
the people that are purchasing the land here where the school was to
see if we could do a connection between these two properties, which
would then allow them access out at a signalized location.
The developer for this property was not wild about it but was
willing to go along with it knowing that it would help his access, but
we were declined to -- by the people in Brittany Bay there. So we
were unable to pursue that. So we've got a situation now to where we
just do not have the room to do the turn lane in, and we would highly
recommend against any opening to allow a left turn out on a six -lane
roadway in this section.
CHAIRMAN FIALA: Thank you, Bob.
So if the people from Brittany Bay decide that this is something
-- that they want to work with you on providing that access that you
just pointed out that's in the little circle there, they can come back and
readdress that issue; is that it?
MR. TIPTON: Yes, ma'am, certainly. Would come back to us,
and I'll get back in touch with the representative.
MR. McDANIEL: Could I respond to that now or --
CHAIRMAN FIALA: Well, that would be a different subject,
Page 27
June 9, 2009
kind of, and I would love it if you would work with Mr. Tipton on it.
I'm sure that he would be delighted to hear your response, and not
only that, but work with you. You'll find our guys are just wonderful
to work with you. Thank you. Thank you for being here.
Mr. Mudd?
Item #6B
PUBLIC PETITION REQUEST BY NAOMI MCFARLAND TO
DISCUSS BACK SEWER CHARGES FOR RESIDENTS OF TALL
OAKS - MOTION FOR STAFF TO WORK WITH RESIDENTS
AND THE LAND OWNER UNTIL A RESOLUTION IS MET,
EXTENDING THE DEADLINE - APPROVED
MR. MUDD: Madam Chair, Commissioners, that brings us to
our next public petition, which is 6B. It's a request by Naomi
McFarland to discuss back-sewer charges for residents of Tall Oaks.
Miss McFarland, if you could please come forward.
COMMISSIONER HENNING: Wasn't that continued? No? Oh,
I'm sorry.
MS. McFARLAND: Peter, it's your fault. Not Peter, Joe.
Madam Chairperson, Commissioners, thank you for having us
here today, and I do want to address the back -sewer charges for Tall
Oaks.
I would like you to -- my -- I -- my purpose today is to have June
12th date rescinded for signing an agreement to Collier County
Utilities for the back-sewer charges, also the agreement with Hillcrest
Estates and the CCU for both parties to review their decision and
come to a better decision.
In January, 2009, Mr. Peter Logged (phonetic) and Mr. Joe Velon
(phonetic) and a young lady visited Tall Oaks to explain the new
billing system that would be required for homeowners to pay $2, a fee,
Page 28
June 9, 2009
for a duplicate bill. At this meeting, a couple of residents asked Peter
why some residents are paying a sewer charge and others were not.
They were not aware that was -- this was happening.
Peter asked the young lady that was with them if this was true,
and she confirmed it with a nod of her head.
They decided to do an inventory, with the results showing that
103 or better occupied homes in Tall Oaks were not paying sewer.
There are approximately 250 completed homes in this park.
I went to the library and copied from the Collier County mobile
home law book of -- source showing that the landowner shall give a
complete copy of those using the sewer. Ifhe had not done this, I feel
that the landowner as well as Collier County Utilities are responsible
for this error and should be sharing the cost. Why should the
homeowner have to pay others' mistakes?
A neighbor is here. I don't see Richard, but anyway, he was a
resident for a few months and had only signed the papers for closing
two weeks prior to receiving the bill for the back-sewer charges.
Another neighbor is present that had only lived here for one year
and is being charged for four years' back-sewer charges. Before
moving into the house, he and previous owners -- okay -- oh, I don't
see him either. Before moving into the house, he and previous owner,
along with somebody from the water department, read the water meter
together. The couple was never charged for sewer charge use (sic)
until April of this year but received a four-year back charge.
There are also other residents that received a bill for back charges
that have lived here for less than four years, some with even a year or
less.
The billing department should have found that over 130 homes
since 1999 have not been charged for sewer usage. Hillcrest Estates --
controller for Hillcrest Estates owns two homes in Tall Oaks. My
husband and I purchased our home in 2003, which was built in the late
2002. We and many others had never heard about an agreement
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June 9, 2009
between the homeowners, which Mr. Toll has mentioned to the water
department and the park concerning these water sewers.
This is the agreement we have now, and I will read it later. The
agreement from the Collier County Utilities is also threatening. We
don't want to sign these agreements.
Hillcrest Estates has reduced the rent for the homeowners that
have bought their home if -- from their office as a second purchaser
until the back-sewer charges are paid. Some things just don't seem
right. Why should we have to pay back-sewer charges for four years
when we were not even aware that we owed them? We paid our water
bills every month. The error would not have been found if a couple of
our residents in the January, 2009, meeting had not questioned the
billing system.
Weare in a severe recession, and I am requesting that we are not
required to pay any back-sewer charges now that the mistake has been
found. Our future water bills to -- will reflect the sewer charges.
June 12th is our deadline for signing the agreements. Can you
suspend that deadline immediately so you can consider our request?
We are a 55-and-over community.
This is the agreement that we have received, and this says,
Hillcrest Estates, Incorporated, and Collier County Utilities, give your
lot number of Tall Oaks of Naples. I, the undersigned, on this
particular day of month, 2009, hereby agree and understand that the
past-due sewer bill assessed on April 16, 2009, to the lots above -- to
the lots stated above are my liability sole -- solely, and I, the
homeowner, further agree to make all payments on this liability timely
per Collier County Utilities division.
I also understand that nonpayment of this liability will violate my
lot rental agreement with Hillcrest Estates, Incorporated, landowner,
which may result in legal action against me by landowner, and the
landowner has the right to recover their attorney fees and legal costs.
It's to be signed by the homeowner and to be notarized.
Page 30
June 9, 2009
So the water agreement that we have seems to be a pretty even
format asking your name and all of this and that and your phone
number, but what really upset our residents was, in red it said, failure
to comply with this agreement could result in termination.
I do have some proxies, and as I was getting them, many had
mentioned that they already had signed these things since I had to
cancel the May 26th agenda due to a surgery. And this particular
person says, I am signing this under distress because of the threat of
termination of service. It is my understanding that members of the
community are looking into legislation.
Okay. For the developer-installed lines. This is what I copied
from the library law book on Collier County and water sewers. At the
completion -- and we go in four sectors, so we just kind of jump
around in the park putting up homes -- that the landowner shall give
an up-to-date list of customers and/or owners of individual lots. And I
feel if he has not done this, that is a reason we have not been billed,
and it should be his responsibility.
Also, I feel that since Collier County Water and Sewer had not
really found this error until it was mentioned, that they should be a
part of this -- of this paying of the water. I don't think it is the
residents' responsibility, although in the book of homeowners in a
park, it does state that the homeowners shall be responsible for this
even if the first residents are not there. It does not say that this has to
be applied. I think it can be waived, and I would like to see Collier
County Utilities go back over this and make a more fair judgment.
CHAIRMAN FIALA: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: Madam Chair, I agree that people
shouldn't be paying fees if they weren't even living there. Back fees
applied in that manner, I think, are unfair. But the point is I know it's
much more complex than that.
And so what I would suggest we do is direct the staff to come
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June 9, 2009
back and make a presentation to us about how these fees can be
recovered in a manner which is fair and provide us a complete report
on that. I prefer not to spend the time today to do that.
CHAIRMAN FIALA: Yes. I truly agree. And also, I was
wondering if staff had had a community meeting with these people
and discussed it with them. And do you need to then, as the petitioner
mentioned, do you need to extend the June 12th deadline so that we
can -- as Commissioner Coy Ie said, and I think he has the perfect
solution, by the way.
MR. DeLONY: For the record, Commissioner Coyle and Lady
Chair, we are prepared for that this morning if you care to hear it.
With regard to the town meeting, your direct question, we've had that,
two of them. The last one was in April, I think the 30th. April 30th.
So we've done that diligence with the community.
If I may, sir, just as -- just to a wrap this thing up. I agree with
you. We don't intend to have anybody pay that didn't benefit from the
service. The underlying landowner is who we are going to collect the
fees from. Now, whether or not his privy condition with the tenants,
you know, goes into those matters in terms of him collecting his back
charges, that's between the tenants and the landowner.
But our understanding of the way this works from all the deeds
and so on and advice of the County Attorney's Office, we're going to
collect these back charges from the underlying landowner, and that
would be Hillcrest, Inc.; is that correct? Yeah, Hillcrest Estates, Inc.
So I agree with -- you know, I agree with everything that's been
said and I agree as well with regard to your assessment that people
should not pay if they did not benefit.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Well, who is requiring them to sign
this statement?
MR. DeLONY: No one, as far as I'm concerned, unless it's
something that they've worked out with the Hillcrest people.
Page 32
June 9, 2009
What we've done is to try to facilitate this understanding across
all three parties, that's the utility, the underlying landowner, and the
tenants. And so we've helped as best we can, because through a
service fee, we provide the tenants a direct bill as opposed to give one
bill to the landowner, and then he divides it among the 200-plus lots.
We charge them $2 a month. That's what she spoke to earlier.
And furthermore, with regard to this matter, this particular
development has individual meters at each one of the tenant lots. So it
kind of works out best for everybody because of that, and that's the
reason we provide that service. But in the end, the actual landowner
himself is responsible for paying those bills.
COMMISSIONER COYLE: Can you get a meeting with the
landowner and these residents and get straightened out? Because I
detect there is a lot of misunderstanding about what's going on.
MR. DeLONY: Yes, sir. The landowners' committed to us to
pay the bill, to pay the back charges. They have agreed to pay that.
They have agreed to pay that to us. So we've had those meetings,
pretty much every month since January. So they've agreed to pay the
bill, they the landowner.
COMMISSIONER COYLE: But apparently there's something
else going on here --
MR. DeLONY: Well, I assume--
COMMISSIONER COYLE: -- between the landowner and the
tenants.
MR. DeLONY: Right. I assume that that's exactly what the case
IS.
COMMISSIONER COYLE: I think we have an obligation to
make sure that the tenants are treated fairly.
MR. DeLONY: Absolutely.
COMMISSIONER COYLE: And I'd like to know what is going
on --
MR. DeLONY: Size.
Page 33
June 9, 2009
COMMISSIONER COYLE: -- between landowner and the
tenant so that we can solve this particular misunderstanding.
MR. DeLONY: Right. I think that we can do all that, and to my
belief, that we've done a lot of that already. I don't know that we'll
ever get to more than -- if we get an understanding, fine. And
agreement and understanding may be two different avenues that we're
on here, sir, to be frank with you.
We have a presentation that lays out some basic facts here that
may be -- may give you some information, or we could bring it back
again as an agenda item.
I know your intent, it is mine, and that is to resolve this matter to
the best possible solution.
COMMISSIONER COYLE: My only concern is that the people
who are here who have misunderstandings or they feel that they're
being treated unfairly understand what is being done and that we work
out a way to treat them fairly.
MR. DeLONY: Yes, sir.
COMMISSIONER COYLE: Whether it's by the landowner or
by the county --
MR. DeLONY: Yes.
COMMISSIONER COYLE: -- it doesn't make much difference
MR. DeLONY: Yes, sir.
COMMISSIONER COYLE: -- we need to make sure people are
treated fairly.
MR. DeLONY: Yes, sir.
COMMISSIONER COYLE: So I think your task is not to
conVInce us.
MR. DeLONY: Yes, sir, understand.
COMMISSIONER COYLE: Okay. It is to resolve their
problem.
MR. DeLONY: Yes, sir.
Page 34
June 9, 2009
COMMISSIONER COYLE: And I would only ask that you sit
down and meet with all of these residents who are concerned about
this, sort the issues out, make sure there's a clear understanding of
whose responsibility this is, and involve the landowner at the same
time so that there is no miscommunication whatsoever.
MR. DeLONY: Sir, and to be fair, that's exactly what we've
attempted to do. We certainly want to do it again if it will reach a
better understanding of where we are today, absolutely.
COMMISSIONER COYLE: I think --
MR. DeLONY: We're committed to do that.
COMMISSIONER COYLE: -- it gets --
MR. DeLONY: With regard to the 12 June date -- because there
has to be a deadline with all these actions -- this has been dragging on,
through the meetings and coordination, I'll bet, you know, probably
not as satisfactory as we'd like to have it today.
But we're prepared to do that, but at some stage of the game, you
know, agreement and an understanding are going to be probably very
difficult to nexus.
COMMISSIONER COYLE: Okay. But my suggestion, my
motion, is that you get with these residents --
MR. DeLONY: Yes, sir.
COMMISSIONER COYLE: -- that you make sure it's clearly
explained, that you get with the landowner at the same time in the
presence of these residents, you go through this process, and you find
out who's making them do these things.
MR. DeLONY: Yes, sir, we understand.
COMMISSIONER COYLE: Okay. And you get that clearly
identified, and that you extend the cutoff date to whatever date is
necessary to get that accomplished before the action is taken --
MR. DeLONY: We understand that.
COMMISSIONER COYLE: -- with the residents.
MR. DeLONY: I understand the direction.
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June 9, 2009
COMMISSIONER COYLE: Okay.
CHAIRMAN FIALA: Okay. And I second the motion.
MR. DeLONY: Yes, ma'am. I understand your direction, and
we can execute the same.
CHAIRMAN FIALA: Okay.
MS. McFARLAND: May I? May I make one more remark?
MR. KLATZKOW: You just won.
MS. McFARLAND: At our office, our office secretary has two
months of these laying in her office, and they are to send the bills to
us, to give us the bills. The landowner still receives a complete list of
all homes in the park and the total amount of bills as he had
previously. We had always gotten a separate bill, and now we're
being charged $2 for it.
CHAIRMAN FIALA: Okay. This you're going to have to work
out. As this motion is saying --
MR. DeLONY: Yes, ma'am.
CHAIRMAN FIALA: -- you need to meet with these people.
And this man's name is Jim DeLony. He's going to make sure that this
is handled fairly and that you folks are treated fairly and that the
landowner is also responsible for his part of this. Okay.
MS. McFARLAND: Thank you.
CHAIRMAN FIALA: I have a motion on the floor and a second.
MR. DeLONY: Thank you.
CHAIRMAN FIALA: Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
Page 36
June 9, 2009
CHAIRMAN FIALA: Very good. They will be working with
you and extend that date until we can get this resolved. Thank you.
MS. McFARLAND: Thank you very much.
COMMISSIONER COYLE: Be sure you get your names to Mr.
DeLony.
MR. DeLONY: Yeah. If you would, everybody that's here,
would you please meet with me outside here, please.
THE AUDIENCE: You're saying management has to be there?
CHAIRMAN FIALA: Yes.
MS. McFARLAND: Not today, but later?
THE AUDIENCE: No, no, but you're saying management must
be at that meeting?
CHAIRMAN FIALA: Yes.
THE AUDIENCE: Because that's never happened.
MS. McFARLAND: Okay. I do have--
CHAIRMAN FIALA: Okay. That's--
MR. DeLONY: Ma'am, I've got it.
CHAIRMAN FIALA: -- you can talk with --
MR. DeLONY: Ma'am, I've got it.
CHAIRMAN FIALA: You can talk with Mr. DeLony outside.
Thank you.
MS. McFARLAND: Thank you. Thank you so much.
CHAIRMAN FIALA: Thank you for being here and alerting us
to this.
THE AUDIENCE: God bless you.
CHAIRMAN FIALA: Thank you. You, too.
Item #6C
PUBLIC PETITION REQUEST BY BRIAN OHLIS TO DISCUSS
BEER SALES IN SUGDEN PARK FOR THE Fl CHAMP BOAT
GRAND PRIX EVENT - STAFF TO WORK WITH PETITIONER
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June 9, 2009
AND STAFF TO BRING BACK A REPORT ON THE SAFETY
ASPECT OF THE EVENT AT THE JUNE 23 BCC MEETING-
APPROVED
MR. MUDD: Brings us to six -- brings us to 6B (sic), which is
your next public petition, and this is a public petition request from
Brian Ohlis to discuss beer sales in Sugden Park for the F 1 Champ
Boat Grand Prix event.
MR. OHLIS: Hi. My name is Brian Ohlis. I was the chairman
of the first annual Naples Grand Champ Boat Grand Prix, and also I'm
the founder of Child Speed, which is a children's foundation locally
that -- for children with special needs in Collier County. I do have my
501-C3.
This year is year two of a -- is a very professional produced race
formal that has been successful all over the country. F 1 Champ Boat
is celebrating their 21 st year anniversary. It's also the seventh and
final race crowning the world national champion here held in Naples.
It also is nationally televised.
This event has the unanimous support of the parks and recs., from
Murdo Smith, Barry Williams, Mike Toolan, and Patricia Rosen; from
the Collier County Sports Council and CVB, Jack Wert and Ralph
Prior, and also from the Parks and Rec's Advisory Board.
The proceeds from this event benefit our community and is run
by Collier County residents with deep roots in the community. Child
Speed, my children's foundation, is a local children -- to help special
needs children.
This year we're teaming up with Mike Tulin and Patricia Rosen
for their special needs skiing and sailing program at Sugden Park, and
any and all proceeds will go directly to their program.
We also have local volunteers. Everything we've had was mostly
-- everybody was local. You have the UPS drivers that volunteered.
There was 28 UPS drivers volunteering, taking tickets and watching
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June 9, 2009
gates. We had Tom Life with the Golden Gate High School yearbook
50/50 raffle where we gave them 50 percent of the money for their
children for their yearbook, and many more for Collier County
residents.
The event brings dollars to our area that stay in our community at
a time when we need this type of economic activity. We have local
host hotel green links, local vendors like Crane, Allied Cranes, Taylor
Rental, BMW cars, Sunset Sound System, et cetera.
This event does not need beer sales to be successful, but the
amenity will position the event as one that attracts corporate sponsors'
support, and like NASCAR, baseball, football, and other national sport
passions, is perceived as a big-league event, such as the pictures that I
have sent -- given to you.
Beer sales will offset operating costs enabling us to keep the
admission costs low and more into a promotion of the event to attract
more spectators and spending in the community.
I'm requesting that the Board of Collier County Commissioners
allow beer sales in Sugden Park in a particular area that will be
monitored between the hours of 11 to 5 0 November 7th and 8th. And
I have been approved by the PARAB, and all proceeds of the special
needs children in Collier County will go to the skiing and sailing
program.
Do you have any questions?
CHAIRMAN FIALA: You have been approved by P ARAB
already?
MR.OHLIS: Yes.
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: You know, I see absolutely
nothing wrong with their request. I think it's extremely reasonable and
it's a great way with us to partner. As long as they put the safeguards
in place that we have in the past -- and we've had beer sales before on
county property. There's nothing unique on it, and there's certain
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June 9, 2009
measures they do as far as how they -- the money's handled, the size
of the cup, the price of the whole thing, who monitors it, the fact that
there's 18 -- all these things are already in place, and you still have to
go and get your license from Fort Myers to be able to do it.
As far as I'm concerned, I think it's a very worthy thing to be able
to do, and I commend you for going through this effort to make it
happen.
CHAIRMAN FIALA: Is that a motion, Commissioner Coletta?
COMMISSIONER COLETTA: I make a motion that we go
ahead and we direct staff to come up with a working arrangement to
allow beer sales for this period of time.
CHAIRMAN FIALA: Do I hear a second? I'll second that.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I would vote in favor of it,
but there is an additional concern. I'm wondering what special safety
procedures you're going to employ there. You're going to be having
high-speed boats operating there. You're going to have people
drinking beer. I hope you don't let the operators of boats drink beer.
But there are also spectators there who will be drinking beer which --
and you've got to be sensitive, and I'm sure you are, to the fact that
spectators can wander, perhaps, too close to the performance and if
something goes wrong, they could be injured.
So it won't be the first time at a race, automobile race or a boat
race, that spectators have been injured or killed, and I'm just a little
concerned that nobody has given us any information concerning the
special safety provisions that you would intend to establish at the park
during this time.
MR. OHLIS: We do have a $5 million insurance policy.
COMMISSIONER COYLE: That won't bring somebody back to
life.
MR.OHLIS: No, I understand. But in the policy it states that
the outer marker buoys have to be 100 feet offshore and the racetrack
Page 40
June 9, 2009
has to be over 250. So everything is all monitored.
COMMISSIONER COYLE: And you have sufficient security to
make sure people are not getting into the water or -- and that sort of
thing?
MR.OHLIS: Last year we had the Collier County Sheriffs
Office, and I think we had seven officers for 15- or 2,000 people.
We're expecting a lot more, and that's why we're trying to get the beer
sales and -- to lower admission fees to get more people into Sugden
Park and to East Naples.
COMMISSIONER COYLE: Okay, all right. Thank you.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: That way they can drink more
beer. Since we have an ordinance prohibiting alcohol in our parks,
how do we deal with this, Mr. Klatzkow?
MR. KLATZKOW: Your ordinance has an exception that allows
you as a board to allow this on a case-by-case basis, as long as it's in
strict adherence to the policies of the department. Those policies are
issued by resolution of this board.
COMMISSIONER HENNING: It was already issued? The
policies were already issued by resolution, you said?
MR. KLATZKOW: They should have been, yes.
COMMISSIONER HENNING: Okay, all right.
CHAIRMAN FIALA: Okay. I have a motion on the floor.
COMMISSIONER COYLE: County Manager.
CHAIRMAN FIALA: County Manager?
MR. MUDD: Ma'am, if you should choose to vote to do this,
staff owes you a report that addresses security issues, crowd control,
how do you control people that have imbibed too much and things like
that. We're prepared to do that. This event isn't until November; is
that correct, sir?
MR. OHLIS: November 7th and 8th.
MR. MUDD: Okay. So we plan to come back with -- if you
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June 9, 2009
decide to vote to let this happen, you could -- you could make it
contingent upon approval of the staff report that we bring back to the
board that addresses those issues that have come up so far. And we'll
bring that back to you either in the next meeting in June or in July,
whatever you'd like to have. And whatever -- sir, whatever -- now, it's
going to be contingent. So when do you need to know?
MR. OHLIS: As soon as possible.
MR. MUDD: Okay. So we'll bring it back on the 23rd of June,
and then the board can make an informed decision on this particular
item.
CHAIRMAN FIALA: Okay. Commissioner Coletta, did you
want to include that? I think you said something along that line
anyway in your motion.
COMMISSIONER COLETTA: Just for clarification purposes,
yes.
CHAIRMAN FIALA: Okay, fine. And I will include it in my
second.
Commissioner Henning?
COMMISSIONER HENNING: County Manager, would this be
any different than the procedures outlined in the Country Jam Festival
that was last year?
MR. MUDD: Well, we did concerns (sic) in that particular case
when we did the Country Jam out at the fairgrounds because they
served beer in this particular record. But I believe you're going to
have to address the issue of the water at Sugden Park versus what you
had out at the fairgrounds because there weren't any, so we're going to
have to have additional --
COMMISSIONER HENNING: So this policy would be geared
to this event?
MR. MUDD: Yes, sir.
COMMISSIONER HENNING: Okay.
MR. MUDD: Yes, sir.
Page 42
June 9, 2009
COMMISSIONER HENNING: With special conditions?
MR. MUDD: Yes, sir, and I believe the County Attorney
mentioned that. It would be a special event or special circumstance.
It wouldn't be a carte-blanche approval.
COMMISSIONER HENNING: Okay.
CHAIRMAN FIALA: Okay. All those in favor, signify by
saying aye?
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(N 0 response.)
CHAIRMAN FIALA: It's passed.
MR. OHLIS: Thank you.
CHAIRMAN FIALA: You'll be working with staff then, they'll
come back to us, thank you.
MR. OHLIS: Thank you so much.
CHAIRMAN FIALA: Thank you.
Item #8A
ORDINANCE 2009-36: AMENDING ORDINANCE NO. 2009-32,
THE ENVIRONMENTAL ADVISORY COUNCIL ORDINANCE,
BY (1) REDUCING MEMBERSHIP FROM 9 TO 5 REGULAR
MEMBERS, AND THE ALTERNATE MEMBERS FROM 2 TO 1;
(2) REDUCING THE TECHNICAL MEMBERSHIP GUIDELINE
FROM 6 TO 3 FOR THE REGULAR MEMBERS, (3) REDUCING
THE NON-TECHNICAL MEMBERSHIP GUIDELINE FROM 3
TO 2 FOR THE REGULAR MEMBERS; AND (4) REDUCING
THE QUORUM AND VOTING REQUIREMENT FROM 5 TO 3
MEMBERS - ADOPTED
Page 43
June 9, 2009
MR. MUDD: Commissioners, this brings us to -- well, let's ask
the question, because the County Attorney basically said earlier that
your advertised public hearings didn't have to fall into the one o'clock.
Are the people that requested the particular issue from you, ma'am, are
they still here?
CHAIRMAN FIALA: Yes, uh-huh.
MR. MUDD: Okay. So I would recommend that we go to 8
alpha, which was 1 7F, as your next agenda item, and 1 7F is a
recommendation that the Board of County Commissioners adopts an
ordinance amending ordinance number 2009-32, the Environmental
Advisory Council ordinance, by, one, reducing the membership from
nine to five regular members, and the alternate members from two to
one; number two, reducing the technical membership guideline from
six to three for the regular members; number three, reducing the
nontechnical membership guideline from three to two for the regular
members; and number four, reducing the quorum and voting
requirement from five to three members.
CHAIRMAN FIALA: Thank you. And maybe what I'll do is
just go right to Judith Hushon who brought this to my attention, and
she will express her concerns, and then we can discuss and deliberate
and vote.
MS. HUSHON: I think it happened -- I'm Judith Hushon. Glad
to talk to you today.
I think this happened through just a little oversight. But the way
this is set up right now, you have -- would have five members instead
of nine and you would have three of those be professional -- with
professional backgrounds in environmental topics and two of them be
regular community members with environmental interests, and then
you would have an alternate, and it does not specify who the alternate
-- what their requirements would be. Assuming that could be a person
of the general public, you could end up with a case where you'd have a
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June 9, 2009
quorum of three where nobody would have professional credentials.
I think that's a bit of a concern on your part because you would
not be getting any environmental -- any -- I don't want to say trained --
any formal trained environmental input from them on that occasion. It
would still be a quorum. It would meet everything, letter of the law,
but I don't think it meets the intent of what you intend to do.
My recommendation would be that you would have either the
entire committee be professional with the alternate being someone
else, or that you have a four and one. And I'm just going to say that
that way you would never get into that situation with either of those
alternatives.
And I'll just turn it back on over to you. Because you are cutting
back the number -- total number, you might want to consider going
with an entirely professional or who has qualifications panel.
CHAIRMAN FIALA: Okay.
MS. HUSHON: Thank you.
CHAIRMAN FIALA: Thank you.
County Attorney?
MR. KLATZKOW: Yes. These are membership guidelines.
There's no reason why you couldn't appoint five experts, for example,
plus the expert as the alternate.
The reason for the way the ordinance is constructed is often when
you get applications for these boards, you may not get people who
necessarily qualify as experts. You'll need to fill the board with other
people, so that this gives you the most flexibility in actually putting
together the EAC.
You can appoint five experts, or if you don't have sufficient
applications, you can start bringing in, I'll call them laymen, to fill the
remainder of the board.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Well, in Section lC, for the
qualification of members, in appointing members, the BCC shall
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June 9, 2009
consider member guidelines of three technical members, two
nontechnical members, and one alternate technical member.
So if there were two missing and the alternate was there, they can
still conduct the meeting with all technical people. So I think it really
covered the concerns of the speaker.
I think the ordinance is well written, and like Mr. Klatzkow said
is, the language here gives you more flexibility to appoint.
CHAIRMAN FIALA: I think what Ms. Hushon was --
COMMISSIONER HENNING: Well, I know what she wants.
She wants all technical people up there.
CHAIRMAN FIALA: Well, actually, she just wanted one more.
COMMISSIONER HENNING: There is a technical member,
alternate technical member, that way you'd have -- not only do you
have a majority that the guidelines are to appoint, but you also have a
supermajority with the alternate. You see what I mean?
CHAIRMAN FIALA: Yeah, I do see what you mean. Just
depends on who's absent, I guess.
COMMISSIONER HENNING: Absolutely.
CHAIRMAN FIALA: Yeah. You can't ever tell who's going to
be absent.
Well, board members?
COMMISSIONER HENNING: I'll make a motion to approve
the ordinance.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: As written?
COMMISSIONER COYLE: As written.
CHAIRMAN FIALA: Okay. I have a motion to approve the
ordinance as written.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
Page 46
June 9, 2009
CHAIRMAN FIALA: Opposed?
(N 0 response.)
CHAIRMAN FIALA: Opposed?
Aye.
Thank you.
MR. MUDD: Commissioner, that brings us --
CHAIRMAN FIALA: You know what, this should really bring
us to break-time. Thank you.
MR.OCHS: Ten minutes?
CHAIRMAN FIALA: Yes, ten minutes, please.
(A brief recess was had.)
Item #9A
RESOLUTION 2009-153: APPOINTING VICTOR N. RIOS (TERM
EXPIRING ON MAY 22,2013) AND ROBERT RAYMOND
(TERM EXPIRING ON MAY 22,2011) TO THE COASTAL
ADVISORY COMMITTEE - ADOPTED
MUDD: Ladies and gentlemen, if you'd please take your seats.
Madam Chair, Commissioners, you have a hot mike.
Commissioners, this brings us to item number 9, Board of
County Commissioners, paragraph 9.
The first Item is 9 A, appointment of members to the Collier
County Coastal Advisory Committee.
COMMISSIONER HENNING: Madam Chair, I make a motion
that we appoint Victor Rios and the other one --
COMMISSIONER COYLE: Robert Raymond.
COMMISSIONER HENNING: Robert Raymond, yes.
CHAIRMAN FIALA: Do I hear a second?
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. Second.
Page 47
June 9,2009
All opposed? Or all in favor.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
Item #9B
RESOLUTION 2009-154: RE-APPOINTING RICHARD E.
JOSLIN, JR., TERRY JERULLE AND THOMAS X. L YKOS TO
THE CONTRACTOR'S LICENSING BOARD - ADOPTED
MR. MUDD: Commissioner, the next -- the next item is 9B,
appointment of members to the Contractors Licensing Board.
COMMISSIONER HENNING: Madam Chair, I make a motion
that we appoint Richard Joslin, Terry Jerulle, and Tom Lykos.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. Motion and a second.
All in favor?
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
Item #9C
RESOLUTION 2009-155: RE-APPOINTING V ALAREE D.
MAXWELL (TERM EXPIRING ON JUNE 25,2013) AND F.
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June 9,2009
WILLIAM FORBES (TERM EXPIRING ON JUNE 25, 2011) TO
THE HISPANIC AFFAIRS ADVISORY BOARD - ADOPTED
MR. MUDD: Commissioners, next item is 9C, appointment of
members to the Hispanic Affairs Advisory Board.
COMMISSIONER COLETTA: Madam Chair, I make a
recommendation that we appoint -- reappoint Richard Josen (sic), Jr.,
Terry --
MS. FILSON: You have the wrong committee, sir?
CHAIRMAN FIALA: 9C.
COMMISSIONER COLETTA: I'm one off.
CHAIRMAN FIALA: 9C.
COMMISSIONER COLETTA: That we go with the
recommendations of the -- of Marco Island, the City of Naples with
the appointment --
MS. FILSON: You still have the wrong one.
CHAIRMAN FIALA: 9C. Go back the other way. No, no.
COMMISSIONER HENNING: Go forward.
COMMISSIONER COLETTA: I missed it. I pulled one tab too
many.
Okay. We're at 9C, right?
CHAIRMAN FIALA: Yes.
COMMISSIONER COLETTA: Okay. I make a
recommendation that we follow the committee's recommendations and
appoint Valaree Maxwell and F. William Forbes.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. Motion and a second.
All in favor say aye.
COMMISSIONER HENNING: Let me help you.
Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
Page 49
June 9, 2009
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
COMMISSIONER COLETTA: Madam Chair, I make a motion
that we go to Item lOA.
COMMISSIONER COYLE: Which one were you on?
Item #10A
DISCUSSION ON FENCE HEIGHT WAIVERS PER REQUEST
OF THE BOARD OF COUNTY COMMISSIONERS - MOTION
TO BE PLACED ON FUTURE LDC AMENDMENT CYCLE -
APPROVED
MR. MUDD: Commissioners, this brings us to our next item,
which is lOA. It's a discussion on fence height waivers per request of
the Board of County Commissioners.
Ms. Susan Istenes, AICP, your director of zoning and land
development review, community development's environmental
services will present.
MS. ISTENES: Good morning, Commissioners. Susan Istenes,
zoning director, for the record.
All I'm really asking today is for your consideration to place the
topic of this item on a future LDC amendment cycle.
If you recall on February 24th, there was a public petition where
we discussed the difficulty in applying the criteria for fence height
waivers especially as it relates to single-family homes. And what I had
suggested at that time was for the board to consider a potential LDC
amendment to modify or eliminate that section of the LDC,
specifically under Section 5.03.02.A.8, when determined to be
beneficial to the health, safety, and welfare of the public, the County
Manager or designee may approve an administrative variance from
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June 9, 2009
height limitations of fences and walls in all districts, provided that at
least one health, safety, welfare standard peculiar to the property is
identified, and that such approval does not set an unwanted precedent
by addressing a generic problem more properly corrected by an
amendment to the LDC or to this code is what it says.
And I explained to you there was historical difficulty in the
limited number of applications we had had for single-family homes
and finding a health, safety, welfare issue; therefore, we were
compelled to reject those applications.
COMMISSIONER COYLE: Motion to approve alternative one.
MS. ISTENES: I would have to bring it back on an LDC, but at
this point that's my recommendation.
CHAIRMAN FIALA: And to bring it back for?
COMMISSIONER COYLE: Bring it back for LDC, yeah.
CHAIRMAN FIALA: Okay. Do I hear a second? I'll second the
motion.
Any discussion on that? I have Commissioner Henning. You
already spoke, right?
COMMISSIONER COYLE: Yeah.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Well, I'd like to say one thing
first. I couldn't do that to anybody, but Commissioner Coletta's very
understanding and willing to have a joke every once in a while, so I
really enjoy sitting next to you.
CHAIRMAN FIALA: It was a good time, too.
COMMISSIONER HENNING: The only concern that I have, on
residential corner lots to where you really don't have a rear yard, you
have two side yards and two front yards, is the issue of equality of -- if
somebody wants to put up a 6- foot wooden fence, and the issue came
up to the Board of Commissioners, it's not a health, safety, and
welfare, in my opinion it's an equality issue. And you must have
understood my concerns.
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June 9, 2009
MS. ISTENES: Well, I actually have a similar concern, or at
least I recognized the issue. And I think, if what you're describing --
and let me make sure this is oriented correctly.
What the code requires in the case of front yards is, when you're
on a corner, just like you recognized, you have two sides and two
fronts. The frontage -- or the front yards are along the street frontage.
So the current code limits that fence height to 4 feet.
COMMISSIONER HENNING: Right.
MS. ISTENES: And so yes, there would be some inequality
there because somebody not on a corner could go up to 6 feet up to
this point.
COMMISSIONER HENNING: Can we make an exception to
corner lots?
MS. ISTENES: I will certainly write that down and then we can
consider it in the amendment.
COMMISSIONER HENNING: I don't know if -- it's up to the
motion maker.
COMMISSIONER COYLE: Yeah, I don't have a problem.
CHAIRMAN FIALA: Right. I agree. Good point.
Any other comments, concerns?
(N 0 response.)
CHAIRMAN FIALA: We have a motion and a second.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
MS. ISTENES: Thank you.
CHAIRMAN FIALA: Thank you, Susan.
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June 9, 2009
Item #1 OC
RECOMMENDATION FOR BOARD APPROVAL FOR COUNTY
STAFF TO ATTEND THE JUNE 19,2009 FLORIDA PUBLIC
SERVICE COMMISSION MEETING TO CHALLENGE THE
FLORIDA POWER AND LIGHT COMPANY (FPL) RATE
REVIEW AND PROPOSED RATE OF RETURN ON
INVESTMENT (ROI) OF 12.5 PERCENT AND TO SUPPORT
THE PROPOSED ELECTRIC SERVICE PREPAYMENT
CONCEPT - APPROVED
MR. MUDD: Commissioner, that brings us to Item 10C, which
used to be 16C16, and that is a recommendation for board approval for
county staff to attend the June 19, 2009, Florida Public Services
Commission meeting to challenge the Florida Power and Light
Company, FPL, rate review, and proposed rate of return on investment
of 12.5 percent and to support the proposed electric service
prepayment concept.
This item was moved from the consent agenda to the regular
agenda at Commissioner Henning and Commissioner Fiala's request.
Mr. DeLony, I believe, will present.
MR. DeLONY: Commissioners, I had a short presentation, and
I'm also joined here by Charlotte Miller from FPL --
MS. MILLER: Good morning.
MR. DeLONY: -- and she will work with me through this, and
then I'm sure you'll have a few things you'll want to add as well; is that
okay, Charlotte?
MS. MILLER: Okay.
MR. DeLONY: Okay, Chair. Is that to your pleasing?
CHAIRMAN FIALA: You bet.
MR. DeLONY: Commissioners, we stand before you today
requesting staff to participate in a Public Service Commission
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June 9, 2009
Workshop on the 19th of June in Fort Myers. There are two items that
are going to be -- we'd request respectfully to discuss at that time.
And the word here may be a little strong here in terms of
challenge, but it's a friendly challenge in terms of we'd just seek to
find understanding with regard to a proposed 12 percent return on an
investment percentage on the equity associated with FPL, and this
would be the entire industry that they represent.
The second item that we would try to achieve some support from
the PSE is to have FPL look at a prepayment option with regard to
large customers such as the utility and the county who have a base
amount of electricity we buy every year, and if we could discount --
get that -- buy that on a purchase basis before we incur the
consumption, there possibly could be some savings for us in that
matter, and those are the two specific items that we are requesting to
do.
Just as far as background, for you -- electricity costs represent a
significant amount of the operating expense for the water/sewer
district, and we feel that anything we do is a direct pass-through to our
clients or to our customers and, therefore, we feel like we want to have
an understanding at the table at least as to how they restructure their
costs back to us which we, in turn, pass through to our customers.
There has been a significant increase in electricity for the
water/sewers districts on a per-million-gallon basis since 2003, but
that is not to be shocking to anyone. We know the prices of a lot of
commodities have gone up significantly over that period of time, but I
don't know if I've ever given you an aggregated number, just what the
delta has been from 2003 till today in terms of cost-per-million gallons
of water produced, exactly how the electricity costs have risen over
that time of record.
And then for Skip Camp, who's also with me this morning, your
electric costs just for the general operating budget of the county is
about 5 percent of your total cost. So we represent, I guess, Skip and
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June 9, 2009
I, represent you on your electricity. Weare the largest single
customer of Southwest Florida for FPL, Collier County Government
and the Water/Sewer District.
And so that is the reason, I think, attending this Public Service
Commission meeting could be very helpful to us and them in
understanding just where we're going with Florida's energy future.
CHAIRMAN FIALA: Jim, let me interrupt you here --
MR. DeLONY: Yes, ma'am.
CHAIRMAN FIALA: -- ask for Commissioner Henning's
concern here. What is your question that you wanted answered?
COMMISSIONER HENNING: Well, I just -- I just want to
make sure that we get the correct information, number one.
MR. DeLONY: Absolutely.
COMMISSIONER HENNING: And the second thing, I think
what you're going to ask is a prepayment scenario where you prepay
and then get a discount.
MR. DeLONY : Yes, sir. That -- it's a business opportunity that
we'd like to see explored. It is happening in other utilities across the
country. And I'm not committed to it, but I'd like to at least explore
that with the Public Service Commission as maybe one way we could
reduce our cost of electricity in the water/sewer district, as well as for
Collier County Government.
COMMISSIONER HENNING: I don't have a problem with that,
the only concern that I have, it's not a replacement for the request. In
other words, it might be good for Jim DeLony, but it might not be
good for your counterpart over in West Palm Beach to prepay. In
other words, it's -- it can't replace for the bonds (sic) that FPL needs to
issue to build those smart technologies and cheaper fuels.
And I, you know, correct me if I'm wrong, what I understand is,
in about five years, we're actually going to see a decrease in our rates
because of the cheaper fuels that we're going to be using, or not we,
FPL's going to be using?
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June 9, 2009
MR. DeLONY: Possibly. You know, the proofs in the pudding
in terms of the execution of that. I believe they're committed to that.
Our electric bills consist of two components for cost. There's a
base charge, which is a fixed charge associated with all the things that
do with their infrastructure to include modernization, retrofitting, and
this increased efficiency of fuel in the to-be condition, and then the
pass-through charges, which are just the fuel surcharges. They also
have several other charges that they can charge us as a result of
hurricanes or other events.
This particular request that they're making on their fixed return
on equity is going to be on the base side, and it is going to increase our
base charge.
Now, if we see an equally or better, a reduction in the total bill
because they're able to more efficiently use the fuel, that's a good
thing. That's a good thing, because in the end, we as consumers see -,...
we don't see base charge and fixed -- unfixed and unfixed -- fixed and
unfixed costs. We just see a bill, and it's the mix and match of that I
believe that FPL is pursuing to get the right base case as well as the
right fixed case for them and their investors and their profitability.
We just -- I just felt that we ought to be at the table to understand
just where they're going and how that would affect our operation here
as we work together as partners in our energy future here in Collier
County. That was the purpose of bringing this to your attention this
mornIng.
COMMISSIONER HENNING: Well, your understanding is
somewhat different than my understanding.
MR. DeLONY: Yes, sir.
COMMISSIONER HENNING: There's no guarantee that -- in
the outer years that the -- that our costs would actually go down.
MR. DeLONY: That is correct.
COMMISSIONER HENNING: You know, I -- I would hope
that the Public Service Commission -- I mean, I'm sure they're going
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June 9, 2009
to hear that information, but they're going to base their -- probably
their decision on not factual, just somebody saying, well, this is what
we want to do instead of, actually put that in writing.
So I guess that's the concern on the consumer's part is, if you
want a rate increase to do these smart technologies, you need to put
down in this increase of when we're going to get the return back.
MR. DeLONY: Sir, I could take that message on the 19th.
COMMISSIONER HENNING: Absolutely.
MR. DeLONY: That's the reason I brought this to your attention
this morning. And I -- I just believe that as the largest single
customer, I mean, in representing every person in Collier County
indirectly on that matter, that I think our vote and our voice at the
table and our understanding at the table is important.
And I was not going to even attempt to represent you until I had
your guidance and your approval for us to go to the meeting on the
19th with these concerns as well as whatever else we learn at that
meeting.
COMMISSIONER HENNING: Okay.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: It's my -- was my understanding
that FPL has already agreed to the bulk or the advanced payment
option discount. Is that not true?
MS. MILLER: No, it's under consideration. It was -- Charlotte
Miller, FPL area manager, and I'd also like to thank you for the
opportunity to speak to you today.
Regarding the prepayment option, it was brought to us, end of
2008, as a possibility to provide this option to our customers. And
what this prepayment option would do would be, you would consider
prepaying a certain block of time of estimated kilowatt hours, one
year, whatever, in return for a discount for that prepayment.
Now, the representative that brought this to us was -- asked for
more information, and we're waiting on that information. So once we
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June 9, 2009
receive that, we'll be able to further evaluate the possibility.
Obviously it would need to go through the Public Service
Commission for approval. Doesn't need to be tied to this particular
rate proposal at all-- that won't hamper it -- and it will be something
that we would also need to be able to offer to other customers as well.
So I definitely want to assure you that we're certainly more than
willing to consider implementation of this option as an actual
proposal, and once we get additional information and modeling, then
we'll be able to move forward with evaluation.
COMMISSIONER COYLE: Okay, thank you.
MS. MILLER: You're welcome.
CHAIRMAN FIALA: Okay. I also had a question, that was, this
proposed 12.5 percent FPL, that's a rate hike or -- that's -- is it true that
that's the highest in the State of Florida? Is it true that others are only
10 percent?
MS. MILLER: Let me clarify that for you. There's a little bit of
confusion from the source that public utilities got their information
from, and we've clarified that with them, but the information that was
pointed to give to you was already there, so it wasn't -- it wasn't
rectified on the forms you received.
FPL is requesting a rate of return which is also known as return
on investment of 8 percent, not 12-and-a-halfpercent.
Now, let me define what the 12-and-a-halfpercent is. Rate of
return is actually a combination of total debt and equity, and there is
different weighted components that comprise all of that, one of which
is return on equity.
The return on equity we're requesting is 12-and-a-halfpercent,
and that is added into the overall weight that equates to rate of return
of 8 percent. Now, that rate of return we're requesting is very much in
line with other utilities. In fact, the Public Service Commission just
presented TECO with an 8.1 percent rate of return.
This is not a guarantee. It's -- there's no profit guarantee here. It
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June 9,2009
depends on how well we manage our business as to whether or not
we're able to see -- see that come to fruition.
But what you need to remember on return on equity is, over the
next five years, FPL's planning to spend $16 billion to make our
facilities more energy efficient, to utilize smart-grid technology, to
fund storm restoration costs to lessen our dependence on fuel, and a
lot of that money will come from the capital markets.
So with a solid return on equity such as 12.5 percent, we're able
to borrow money because we have a good credit standing at lower -- at
lower interest rates, which, in turn, the customer sees because it's not
going to be reflected in their base rate.
Now, you asked the question what are other company averages?
Nationwide the current figure I have is 10.46 percent. When we get
into Florida, there are some different risk factors involved, such as
hurricane restoration; FPL has nuclear units. Although they're very
safe and sound, it's a risk as well.
So to give you two examples of Florida Utilities, Gulf Power
currently has a return on equity of 12 percent. TECO was just granted
11.75 percent by the Public Service Commission. And, again, it's not a
guarantee. It depends on how well we all manage.
CHAIRMAN FIALA: Okay. Thank you.
MS. MILLER: You're welcome.
CHAIRMAN FIALA: Commissioners?
COMMISSIONER HENNING: Well, I'm going to make a
motion to approve this item and correct the inaccuracies in the
proposed letter and have our staff represent us at the Public Service
Commission with the understanding as Mr. DeLony stated, but also
and furthermore, that the ratepayer see a benefit for this rate increase
by having future bills lowered.
My understanding, we're doing this for -- making these capital
improvements to get off of the high cost of fuel; therefore --
MS. MILLER: That's correct.
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June 9, 2009
COMMISSIONER HENNING: -- the ratepayer should see a
benefit from that.
MS. MILLER: Absolutely. That is our long-term goal. That's
where we're making long lead-time investments to do so.
MR. DeLONY: We would applaud that.
CHAIRMAN FIALA: Fuel keeps going up, so I'm afraid that
that -- we're not going to see that after all.
MS. MILLER: Well, and that's another reason we're working on
making our fuel -- our fleet more energy efficient.
Two plants under modernization right now, we burn 33 percent
less fuel. We're upgrading four of our nuclear -- our existing nuclear
to add 100 megawatts. As you know, nuclear fuel costs are much less
than natural gas. We actually have the most fuel-efficient fleet in the
nation once all these are accomplished.
So our long-term goal is to keep our costs low. We're currently
the lowest-cost provider of all 54 utilities in Florida. We're 17 percent
below the national average. Or base rates are 17 percent lower than
they were in 1985. So we have a true commitment to continue that
tradition, and making these investments now will enable us to provide
what we've just discussed in the future for our customers.
CHAIRMAN FIALA: Thank you. I have a motion on the floor.
I did not receive a second. Do I hear a second?
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. I hear a second. Okay.
MS. FILSON: Madam Chairman?
CHAIRMAN FIALA: Yes, sir (sic)?
MS. FILSON: I have a speaker.
CHAIRMAN FIALA: Oh, I'm sorry. Who is your speaker?
MS. FILSON: Frank Balogh.
MR. DeLONY: Frank, if you'll take that mike over there.
CHAIRMAN FIALA: Thank you, sir. I'm sorry. I'm sorry, sir. I
didn't realize we had a speaker.
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June 9, 2009
MR. BALOGH: I'm sorry. I'm just a retired citizen, but I--
there's no reason for me to speak if you're going to approve that your
staff can go to that Public Service Commission hearing and express
their concerns.
CHAIRMAN FIALA: Thank you for your interest.
MR. BALOGH: I'd like to let you know one thing. Frank
Balogh, retired. I'm from Fort Myers. I drove down here today. This
is very important. You have a very progressive staff here in Collier
County. They seek things out, but I'll tell you something, the Florida
Public Council, the Attorney General, the Florida Industrial Power
Users Group, and the Florida Retail Federation are going to be
intervening on this rate case.
It's a 30 percent increase in base. It's a 12.5 percent rate of return
on equity. It's one billion they're going to collect in 2010 in addition.
And in the first quarter of this year they did 14.8 percent, so they're
not hurting as a company whatsoever. I can go on for hours on this,
but if you're going to let that -- your staff go, that's all I need to hear.
CHAIRMAN FIALA: Great. I think you ought to meet with
some of our staff members, give them your name and phone number,
too. I think they'll be interested to talk with you.
Thank you very much for coming in, sir.
Yes, we certainly do want them to go.
MR. DeLONY: I'd like -- if I may, just before you take your
vote, I would like to say thank you to Charlotte and FPL. They have
worked well and hard with us. Outside of hurricanes when they get a
lot of notoriety and blame and other things, and we share in that --
we've had a very successful storm season because of the increased
coordination of their staff and ours with regard to lift station outages
and restoration of emergency power. They really stepped up to the
plate. We were falling a little bit behind. They were help -- we've
been helping together in terms of going out and finding the right cures
to some of our structure problems in our light poles and our power
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June 9, 2009
poles and whatever. And I'd just like to publicly recognize the effort
that not only Charlotte, but all her operations managers, that have
helped this utility sustain reliability and our compliance.
And thank you for that opportunity, Lady Chair.
CHAIRMAN FIALA: Thank you, Jim.
Okay. We have a motion on the floor and a second.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(N 0 response.)
Item #10E
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS APPROVES THE SUBMITTAL OF THE
UNITED STATES DEPARTMENT OF ENERGY (DOE) ENERGY
EFFICIENCY AND CONSERVATION BLOCK GRANT
APPLICATION FOR THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 (ARRA) FUNDING IN THE
AMOUNT OF $3~036~000 - APPROVED
MR. MUDD: Okay. Commissioner, that brings us to 10E, and
10E used to be 16E6, and that's a recommendation that the Board of
County Commissioners approve the submittal of the United States
Department of Energy, DOE, Energy Efficiency and Conservation
Block Grant Application for the American Recovery and
Reinvestment Act of 2009, which is ARRA funding, in the amount of
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June 9, 2009
$3,036,000.
This item was moved from the consent agenda to the regular
agenda at Commissioner Coyle's request.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Madam Chair, very briefly. All I
would like to do is just emphasize the importance of monitoring the
cost of these investments so that we can make appropriate decisions
concerning what is cost feasible and what is not cost feasible. I mean,
that really is the purpose of this grant.
So I hope you have measures in place that will help you define in
a very objective fashion what we have gained by these investments.
MS. PRICE: Yes, sir, we do. And this grant, because it's part of
a stimulus funding, has very tight controls on it, quarterly reports to
demonstrate that you're moving in a positive direction towards the
goals that you stated. This grant, because it spans across county as
well as outside of the county, is going to be monitored directly by the
grants office.
COMMISSIONER COYLE: Okay. That's all I wanted to do.
CHAIRMAN FIALA: Okay. We have a speaker.
MS. FILSON: Joe Cox.
MR. COX: I'll pass.
CHAIRMAN FIALA: Okay.
Okay. Would you like to make a motion then, Commissioner
Coyle?
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Okay. Motion and a second to approve.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
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June 9, 2009
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Very good, thank you.
MR. MUDD: Commissioner, I hate to say this, but we have two
time-certain items under 10, but we do have public comment if you'd
like to go there.
CHAIRMAN FIALA: Why don't we go to the public comment.
MR. MUDD: Okay. That would take us to public comments on
general topics, Paragraph 11. Ms. Filson?
MS. FILSON: I have no one registered.
MR. MUDD: Ma'am, sounds like we're going to take a
10- minute break.
COMMISSIONER COYLE: How about correspondence by
commissioners?
MR. MUDD: Or we could do correspondence.
CHAIRMAN FIALA: Oh, okay. That's a great idea.
Item # 15 (Discussed and additional discussion later in the meeting)
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. MUDD: That brings us to Paragraph 15, staff and
commissioners' general communication. Remember the three B's, Mr.
Ochs.
CHAIRMAN FIALA: Would you like to -- would you like to
start, Mr. Ochs or Mr. Mudd?
MR.OCHS: Yes, ma'am. I just have one item for discussion
with the board. Traditionally, we've conducted a post-legislative
workshop with the board after the end of each legislative session. In
light of the report that the staff gave at the last meeting, I'm just
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June 9, 2009
wondering if the board still wants a formal post-legislative workshop
with your staff and lobbyists and the delegation, or you may want to
just consider deferring that and having our traditional pre-legislative
workshop in October ahead of the 2010 legislative session.
We'll have the F AC post-legislative report available for you as
well as one that's coming from Mr. Arnold's office, so that option is
available to the board, and just let us know which way you'd like us to
proceed.
CHAIRMAN FIALA: Board members?
COMMISSIONER COYLE: I see no need for a post-legislation
workshop. We know what happened. We're not going to change what
happened, so what are we going to talk about?
MR.OCHS: That's fine, sir. I'm just -- traditionally we've held
it, and I didn't want to presume the board didn't want to meet even
though you did have the staff report last meeting on post-legislative
actions.
CHAIRMAN FIALA: I kind of thought that that staffreport
covered it all.
MR. OCHS: Yes, ma'am, and that's fine.
CHAIRMAN FIALA: Other commissioners? Looks like we're
all in agreement.
MR. OCHS: Thank you. That's all I have.
CHAIRMAN FIALA: That's it? You're going to have to have
something else because we've got some mixed -- minutes.
COMMISSIONER HENNING: I'll take up that time.
CHAIRMAN FIALA: Okay. Mr. Mudd, do you have anything
to say?
MR. MUDD: You kept me out too late last night, ma'am.
CHAIRMAN FIALA: Jim and I did a dog-and-pony show over
at the Collier Republican Club, and he did a -- he did a magnificent
job.
How about the County Attorney?
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June 9, 2009
MR. KLATZKOW: No, ma'am, nothing to report.
CHAIRMAN FIALA: Okay. We'll start with you,
Commissioner Coyle.
COMMISSIONER COYLE: Okay. I do have one item and it's
germane because we approved something on the agenda that is -- that
is part of this item.
I have received correspondence from a sheriffs deputy who lives
in a modular home in Sugden Park. He owns the home. We
apparently have a lease with him. And he is being told that he has to
leave because we're going to build the skiing and sailing club building
on the site of his home.
And I am wondering about a couple of things. Number one, we
have the deputies doing this at schools and certain parks to provide
security 24 hours a day. That is beneficial to us. Secondly, putting
those people on a one-year lease, I think, is counter-productive to the
entire intent of the program.
And I personally feel that the deputy is being unfairly treated by
being essentially evicted because we want to put up a building on the
site of his home. I can't believe we can't find another place to do that.
So that's my concern.
CHAIRMAN FIALA: You know, I had the same concern, and I
wrote myself a note to ask if we couldn't move -- if we couldn't move
the building or if we couldn't move him, his building, to another place
right on the park, but we would move it being that we're uprooting
him.
COMMISSIONER COYLE: There has to be a solution to this. I
mean, this is just crazy.
CHAIRMAN FIALA: Yeah.
COMMISSIONER COYLE: We should have a deputy there. It's
to our benefit to do it.
CHAIRMAN FIALA: Oh, especially there.
COMMISSIONER COYLE: And why we can't arrive at an
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June 9, 2009
accommodation is beyond me.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Staff emailed a response to the
concern. Have you seen it?
CHAIRMAN FIALA: Uh-uh.
COMMISSIONER COYLE: Yeah, I have. I've got it right here,
as a matter of fact, if you'd like -- it's too long to read, but I've got it.
COMMISSIONER HENNING: I'm not sure if -- I'm hearing two
different things. One is that we should have a deputy at Sugden, and
another one is to find another place. There is no other place on
county-owned property that we have similar to the school board's. If
we're going to do something different, I think that we should make it a
policy, a written policy, to give staff direction to provide a site for
deputies.
It's not a bad thing, but to retroactively create a new policy that
may jeopardize -- and I'm all in favor of having the residency Sugden
Park, but if it jeopardizes plans and programs that we've already
established and improved, then I have concerns about that.
The sailing club at Sugden Park has been planned for years and
years. But I do believe it would be a great policy if we can
accommodate a deputy's residence at our parks.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I -- I'm not sure I'm willing
to go that far because there might be some parks where it isn't
necessarily appropriate or desired. I think we should have the
flexibility to make a determination as to whether or not certain parks
require a higher level of security than others merely because of the use
that the parks receive.
But my concern only is this right now; we have a deputy who has
invested money in buying a modular home with the expectation that
he would be there for a while. Now, I know that we have a one-year
lease with these people, but it just seems to me to be a little
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June 9, 2009
heavy-handed to say, okay, now you've got to get out of my park, and
we're not going to work out any accommodation for you. That makes
no sense to me.
First of all, I don't think it's the way we ought to be treating our
deputies. And secondly, I think we've got an obligation to provide
security in Sugden Park.
So -- and I can't find a -- can't think of a better way to do that
than having a deputy residing in the park.
COMMISSIONER HENNING: Well, the email that we received
is stating that the deputy purchased the mobile home from another
deputy who was under contract with Collier County that had a
one-year lease, and now this deputy doesn't -- he doesn't have a lease
with Collier County, and he wasn't aware of the annual lease.
Obviously, from what I gather, is the previous deputy had full
knowledge of -- that site might not be there from year to year. It's
almost like buying a used car because you have to do your due
diligence in a purchase. And it sounds like we have a problem that
was created by another deputy.
CHAIRMAN FIALA: I think that this is something we should
bring back. There's got to be an answer, and it sounds like we can
hear the answer swirling around. You just need some people who
want to discover that answer and work together to resolve it.
Obviously, the ski program there -- I mean the sailing program
there has been a wonderful success, especially for the handicapped
kids who have no other opportunities; this is going to be a great thing.
On the other hand, being right there in the area with all of the
homeless camping out everyplace, a deputy there -- and I think we
should have a deputy, by the way, at the East Naples Community Park
as well because they camp there as well -- I think it would be a good
idea to have a deputy there.
So why don't we ask our staff to get together and -- with parks
and rec and see if we can't come up with a conclusion and bring that
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June 9, 2009
back to the next meeting; would that be acceptable?
COMMISSIONER COYLE: I think it would be, but I need to go
a bit further here. Our job is not to punish a sheriffs deputy because
he failed to do certain due diligence, okay? That's not our job. Our job
is to work out an appropriate method of dealing with government
employees who are performing a valuable service for us. And to --
what I get out of this email that I read and Commissioner Henning has
referred to is a lot of under-the-surface vindictiveness. He didn't
consult us before doing this, consequently we don't have any liability
to be nice to him, okay? Those are the kinds of attitudes that I think
we've got to do something about here, and that's the kind of attitude
that disturbs me.
So the fact that you provided somebody a 31- or 36-day advance
notice to vacate their home is not, in my opinion, being very fair. We
ought to do more to help our deputies, particularly when they're
performing a service for us in the park, end of story.
CHAIRMAN FIALA: Okay. County Manager, you've got some
direction?
MR. MUDD: I think I've got two commissioners that are giving
me direction. I'm looking for at least another nod.
COMMISSIONER COLETTA: I'll give you that nod with the
idea that we're keeping an open slate on this. We're not going with the
idea that it's an absolute must to have deputies at these locations.
We're going at it as plus and minuses, what it is that it's going to be if
they go there, what it is if they don't go there. I'd like to see all the
options before I make a commitment. If we agree to do that, I'm
aboard.
COMMISSIONER COYLE: That's not what we're talking about.
COMMISSIONER HENNING: Right.
COMMISSIONER COYLE: We're not talking about setting a
policy . We're talking about this particular deputy, this particular
modular home, this particular Sugden Park. That's all we're talking
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June 9, 2009
about.
COMMISSIONER COLETTA: Okay. I don't have a problem
with that, Commissioner Coyle. But once again, I want it -- I don't
want it to be a prerequisite that we have to locate them there. I want
to know what the positives and negatives are across the whole board
on it; in other words, we don't go into this with the direction to staff to
locate him there.
COMMISSIONER COYLE: I didn't say that either.
COMMISSIONER COLETTA: Okay. As long as that's
understood, I'm aboard.
COMMISSIONER COYLE: Okay.
MR. MUDD: Got it, ma'am.
CHAIRMAN FIALA: Okay. Thank you.
Thank you, Commissioner Coyle. Do you have any other
comments?
COMMISSIONER COYLE: Yes, one thing that will-- yeah,
one thing I need to update you on.
You recall my prior updates on trying to diversify our economy
in Collier County, and you know that I have been serving as the chair
of the catalyst committee with the EDC and Project Innovation.
There is a company -- and I've described this briefly before --
called Jackson Labs. They're located in Bar Harbor, Maine. They are
a world-renowned genetics research organization, and we're trying to
attract them to Collier County.
The chief operating officer has been here on a number of
occasions already . We've spend a lot of time with him. He will be
here again in a couple of weeks, and they have invited me to come to
Bar Harbor to see their facility and to listen to their plan for potential
relocation to somewhere, and we hope it will be Collier County.
I'll be going during the time that the F AC -- Florida Association
of Counties' annual meeting is held in Marco, so I will not be able to
attend there, but I will provide you a report after I return concerning
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what we've been able to accomplish. So I'll be going with EDC
representatives also. So we'll have a full report for you when we get
back.
But it is extremely exciting. We're hoping that they will locate a
segment of their genetics research facility here in Collier County and
-- because we have a fairly extensive medical industry represented
here in Collier County. They like that because they need to work
through doctors. They do the research, they'll develop the treatment
procedures and/or, perhaps, medications, and doctors will administer
them. So they need to have the kind of presence that we have with the
medical industry here in Collier County.
So it's an exciting opportunity. It has the potential to bring some
really high-paying jobs to Collier County, and it could be the catalyst
that really attracts a wide range of high technology medical
organizations to Collier County. So that's all I have.
CHAIRMAN FIALA: That is exciting, just exciting. Good luck.
COMMISSIONER COYLE: Everybody who's worked this thing
is excited about this opportunity. It is such --
CHAIRMAN FIALA: It sounds like what we've been looking
for.
COMMISSIONER COYLE: Yes.
CHAIRMAN FIALA: Thank you very much.
Commissioners, I'm going to go on to our 11: 15 time certain and
come back to you for your comments.
Item #1 OF
RESOLUTION 2009-156: RESOLUTION OF A DISPUTE
BETWEEN THE COLLIER COUNTY WATER-SEWER
DISTRICT AND SOUTH FLORIDA WATER MANAGEMENT
DISTRICT CONCERNING THE PICAYUNE STRAND
RESERVATION RULE AND WATER USE PERMIT
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June 9, 2009
APPLICATION 060908-9, WHERE THE COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY W A TER-
SEWER DISTRICT AGREES TO WITHDRAW ITS PETITION
FOR ADMINISTRATIVE HEARING CHALLENGING THE
PICAYUNE STRAND WATER RESERVATION RULE
CONTINGENT ON APPROVAL BY THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT GOVERNING BOARD OF
THE DISTRICT STAFF REPORT AUTHORIZING AN INCREASE
IN THE COUNTY'S PERMITTED ALLOCATION UNDER
WATER USE PERMIT 11-00249- W FROM THE LOWER
TAMIAMI AQUIFER FROM 6,868 MILLION GALLONS PER
YEAR TO 9,673 MILLION GALLONS PER YEAR AND THE
ATTACHED LETTER CONFIRMING THIS INCREASED
ALLOCATION SHALL BE CONSIDERED AN EXISTING
LEGAL USE OF WATER AS OF JUNE 11 ~ 2009 - ADOPTED
MR. MUDD: Commissioners, this is Item 10F, and there was a
walk-on this morning. You should have all received a packet that
looks like this, and I'll go -- and I'll read the executive summary, and
then I'll talk about the recommendation.
It's a recommendation to approve a resolution of a dispute
between Collier County Water/Sewer Districts and the Florida Water
-- South Florida Water Management District concerning the Picayune
Strand reservation rule and the Water Use Permit Application
060908-9 where Collier County Board of Commissioners as ex
officio, the governing board of Collier County Water/Sewer District,
agrees to withdraw its petition for administrative hearing challenging
the Picayune Strand water reservation rule contingent on approval by
the South Florida Water Management District governing board of the
attached district staff report authorizing an increase in the county's
permitted allocation under water use permit 11-00249- W from the
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June 9, 2009
lower Tamiami aquifer from 6,868 million gallons per year to 9,673
million gallons per year, and the attached letter confirming this
increased allocation shall be considered an existing legal use of water
as of June 11, 2009.
As I mentioned to you earlier, over the last four weeks the South
Florida Water Management District staff and the Collier County staff,
and more specifically, the public utilities division staff, Mr. Jim
DeLony, Paul Mattausch, Margie Hapke, Phil Gramatges, and I just
happened to be in the room along with Mr. Leo Ochs for most of the
teleconference and the person-to-person visit that transpired.
Along with the public utilities division staff, we also had legal
counsel with Mr. Ed de la Parte, and we also had CDM Consulting
staff in the form of Mr. Curt Martin.
We worked on this particular issue. This was pretty much a
stalemate, and I want to make sure that you understand that. Based on
agreement in November with the South Florida Water Management
District, and our legal counsel, Mr. Ed de la Parte, we came to the
board to basically do a legal challenge to the regional permit.
They all agreed that that would be possible and that would be
fine, that it would not jeopardize the Everglades Restoration Program.
Well, I will tell you that the recommendation from the South Florida
Water Management District was wrong, and that legal challenge did
jeopardize the timing and about $68 million that's on the hook right
now for the Everglades Restoration Program.
And so we were able to -- and oh, by the way, we have a water
use permit that we submitted in 2006 that hadn't been acted on by the
South Florida Water Management District. A very extremely long
time to have a permit sitting out there on the shelf.
I believe we came to a -- an agreement whereby the Board of
County Commissioners would retract their legal challenge, and at the
same time, the Water Management District would issue the additional
water use permit, the 2006 permit that's there.
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June 9, 2009
So our recommendation as the Board of County Commissioners,
as ex officiating the governing board of Collier County Water/Sewer
District, authorized the Collier County Water/Sewer District's legal
counsel to withdraw the legal challenge to the PSRP restoration rule,
and that's the Picayune Strand reservation rule, contingent on approval
by the South Florida Water Management District governing board
without substantial change of application 060908-9, to modify the
water use permit, 11-00249- W, to increase the permitted allocation
from the lower Tamiami aquifer from 6,868 million gallons per year
to 9,673 million gallons per year as set forth in the attached district
staff report.
See staffs report attached at Exhibit C, and that would be your
fourth blue insert, and it says, comprehensive use permit, staff report,
Collier County Public Utilities -- let me have the visualizer, Leo.
Thank you, sir.
And that's -- and that's the fourth blue insert, and that's the
particular staff report that was issues by the South Florida Water
Management District. And your next blue insert is the South Florida
Water Management District's letter to Chairman Fiala signed by -- or
will be signed by Eric Buermann an at 11 June meeting that they're
having here in Collier County.
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER COYLE: Second.
COMMISSIONER HENNING: How much -- will this save us
any money?
MR. MUDD: Yes, sir. This saves us close to $145 million over
a 20-year period of time, and it still keeps intact the $68-million
government allocation to the South Florida Water Management
District for their first phase of the comprehensive Everglades
Restoration Program.
COMMISSIONER COYLE: Tell us that money amount again
one more time, very slowly.
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June 9, 2009
MR. MUDD: About $145 million for Collier County's benefit,
and it's about $68 million benefit to the South Florida Water
Management District.
COMMISSIONER COYLE: Good.
CHAIRMAN FIALA: That was a great question, Commissioner
Henning.
COMMISSIONER COLETTA: Very good work.
CHAIRMAN FIALA: Yes. We have one speaker.
MS. FILSON: One speaker. Brad Cornell.
MR. CORNELL: I waive.
MR. MUDD: Smart choice, Mr. Cornell.
CHAIRMAN FIALA: We have a motion on the floor and a
second.
All in favor?
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Thank you very -- I want to thank you, all
of you, for all of your hard work with South Florida Water
Management District. I know you've been -- you've been plugging
away and pushing at it and trying so hard to get that thing resolved.
Thank you.
COMMISSIONER COYLE: Good job.
CHAIRMAN FIALA: Thank you very much.
COMMISSIONER COLETTA: Very much so.
MR. MUDD: Commissioner, that brings us to our 11 :30. Do
you have the speaker that you need, Commissioner Coyle, or are we
too early?
MS. FILSON: I have two speakers.
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June 9, 2009
COMMISSIONER COYLE: Apparently there are two speakers.
MR. MUDD: There are two speakers for that one? I'm sorry.
COMMISSIONER COYLE: I think they're both here. Are they
both here?
MS. FILSON: Yes.
COMMISSIONER COYLE: We're ready.
Item #10D
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS APPROVES THE TRANSFER OF
ADMINISTRATIVE DUTIES AND SERVICES FOR THE
HALDEMAN CREEK MAINTENANCE DREDGING
MUNICIPAL SERVICE TAXING UNIT (MSTU) FROM
ALTERNATIVE TRANSPORTATION MODES TO THE
BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AGENCY (CRA) STAFF; DIRECT THE
BUDGET OFFICE TO DISCONTINUE THE ANNUAL
TRANSFER OF FUNDS FROM THE ROAD AND BRIDGE
MAINTENANCE (FUND 101) TO THE BAYSHORE
BEAUTIFICATION MSTU (FUND 163) AS OF FYI0 - MOTION
FOR THE TRANSFER OF ADMINISTRATION DUTIES FROM
ATM TO THE BA YSHORE CRA - FAILED; MOTION TO
ACCEPT STAFF'S RECOMMENDATIONS AND BRING BACK
FOR DISCUSSION AT BUDGET HEARINGS - APPROVED
MR. MUDD: Okay. The next item is an 11 :30 time-certain
item, and that is Item 10D, used to be 16B2. I'll read it.
It's a recommendation that the Board of County Commissioners
approves the transfer of administrative duties and services for the
Haldeman Creek Maintenance Dredging Municipal Services Taxing
Unit, MSTU, from the alternative transportation modes to the
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June 9, 2009
Bayshore/Gateway Triangle Community Redevelopment Agency,
CRA, staff, directs the budget was to discontinue the annual transfer
of funds from the road and bridge maintenance, fund 101, to the
Bayshore beautification MSTU, fund 163, as ofFY10.
Commissioner Coyle asked this item be moved from the consent
agenda to the regular agenda.
MS. ARNOLD: For the record, Michelle Arnold, I'm here to
answer any questions.
The title kind of explains what the request is for. We're moving
the administration of the Haldeman Creek MSTU to the CRA. The
Bayshore C -- MSTU has already been moved to the CRA, and we're
also asking that the 40,000 that has been transferred to the Bayshore
CRA -- I mean, Bayshore MSTU be discontinued, as it's providing a
burden to our current operations, as well as we continue to provide
services to that area for road maintenance, and this is really setting a
precedent that we're not doing in any other MSTU s, transferring funds
from the general fund to fund the MSTU.
MR. MUDD: And I've put Michelle at a disadvantage, okay,
because she wasn't part of this negotiation, I was.
I met with Mr. David Jackson, Mr. Bill Neal, and Mr. Norman
Feder at different times, but I met with Mr. Jackson and Mr. Neal in
order to talk about this particular issue.
This started with the staff report that the Bayshore MSTU
provided to the Board of County Commissioners in around the March
time frame whereby one of the recommendations was that the staff
support for the MS TU be moved, transferred, to the
Bayshore/Gateway CRA in Mr. David Jackson's office.
With that, I started talking to Mr. Jackson about, wouldn't it be
smart if we're going to move that there, that we move -- there's another
MSTU that you've got in your CRA area, and that's the Haldeman
Creek CR- -- or the Haldeman Creek MSTU. Wouldn't it be smart if
we move one, that we move both so that they'd have one-point
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June 9, 2009
shopping, so to speak, in that particular area.
Mr. Feder asked me at that time, do I still continue to give the
Bayshore MSTU $40,000? I got to tell you, I didn't know we were
giving the Bayshore MSTU $40,000. But with that, I did -- when I
talked with Mr. Jackson, I talked with Mr. Neal. I asked Mr. Neal, I
said, can you tell me what basis you have for this $40,000 for
continuing it one way or the other?
And I provided you a letter on April 23, 2009, that basically
attached a memorandum that Mr. Neal gave me -- Michelle, you're
doing really good -- that Mr. Neal gave me that was basically signed
by -- or issued from a Robert F. Fernandez, county administrator, to
Commissioner Pamela S. Mac'Kie, Chairwoman, District 4, and I--
and it has to do about a transfer of money from transportation to the
Bayshore MSTU. And there's another courtesy copy of Ed Ilechner
and Mike Smykowski, and I feel like I'm talking to a bunch of ghosts
on this particular memo.
But I did promise Mr. Neal I would search high and low in every
board meeting that I could find to determine if this ever came -- this
transfer ever came to the Board of County Commissioners for
approval, because what I've got is, I've got a county administrator
signing a letter at a request from a commissioner basically making a
transfer, and that transfer has now gone on since 1999.
So over a ten-year period of time -- unauthorized, outside of a
budget approval by the Board of County Commissioners every year,
okay. So let's make sure we understand that. But I could not find any
direction; I cannot find any approval anywhere for that particular
transfer, at which time I had another meeting with Mr. Neal and with
Mr. Jackson because I said I would.
And I said, if -- I will give you the results of our search, and I had
it searched at the Board of County Commissioners' office through Ms.
Filson looking through the records, and I've had it also researched
through all the MSTU records that are kept by Mr. Feder. And I said,
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whatever I find, I will let you know, but I cannot right now, condone
another transfer in '10, and I also told him that I would not go back
and recommend any repayment of'09, which we're in right now,
and/or any back payments from the particular organization.
It went on, but every year since 1999, this board did receive a
budget, and the budget was approved by the board members. And I
believe that those past allocations of $40,000 each year were approved
by the Board of County Commissioners.
I will also tell you it was probably not pointed out to you, nor
was it pointed out to me that it was being done. But that gives you the
whole history of this particular item.
Keep going. You're doing really good, Michelle.
MS. ARNOLD: Any other questions?
COMMISSIONER COYLE: Let's do the speakers.
CHAIRMAN FIALA: Okay. Who are the speakers, please?
MS. FILSON: The first one is David Jackson. He'll be followed
by Bill Neal.
MR. JACKSON: Good morning, Commissioners. David
Jackson, Executive Director of the Bayshore/Gateway Triangle CRA.
Mr. Mudd, spot on. Everything he said is exactly as I recall, and
there was not an error in the whole thing. He remembered it all
exactly as I remember.
Commissioners, on this item, there happens to be two separate
items combined into one executive summary. So despite what you
decide on the $40,000 MSTU transfer, would you please, before you
adjourn this item, give us a motion and a second to approve the
transfer of the Haldeman Creek stormwater MSTU, please?
One of the things I'm here for is CRA, because now that I've had
an opportunity to work with the MSTU very closely and their
operations in the area, as you well know, the area is blighted, and the
reason that area gets blighted, because in the past government turns its
back on a neighborhood, and a neighborhood just gets worse and
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June 9, 2009
worse. That's nothing surprising because it happens all over the
United States.
Well, in 1997, '99, everybody, the people that lived there says,
we're tired of this, okay? We're mad as heck, and we're going to
improve it, and they started the whole thing.
And despite whatever they taxed themselves for to do to improve
the area, there still is right-of-way issues, that is the county
responsibility. That's government's responsibility for anything in the
right-of-way.
Now -- and how this $40,000 came to be, it's -- it had a path that
may not be totally thought well of, but it did happen.
Since that time, for the last 12 -- 10 to 12 years, the MSTU has
worked very hard to change the image of the area, and the people have
gotten to where they've assumed and agree with a level of service.
And you understand level of service. You've been talking about it for
the last 18 months. Level of service in libraries, the Sheriffs
Department, and all the other things that government provides for
people.
Well, the people expect that level service in the maintenance and
landscape of the area and maintenance of the road and sidewalks
there.
They very well know that that is an urban area. That urban area
should have a different level of service than a rural area has. We have
the Naples Botanical Garden coming in, a $55 million project, and
there's going to be 150,000 people per year coming down those roads,
and if they're traveling down a nice boulevard and all of a sudden they
come to where the lawn -- or the side of the roads haven't been mowed
in the last four months or three months, it gives a different perspective
for the area.
The MSTU has, on its own, in between the county transportation
mowings, has been mowing it on its own to maintain that level of
service. So we're moving above and beyond what they're doing at this
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time.
So that's what the people have told me, what they want, expect, a
level of service, not only on Bayshore Drive, but Thomasson,
Hamilton Avenue, and those main boulevards.
So if you would take a look at that -- if you don't make a decision
today, maybe you want to take a moment and relook the budget. We
know that the budget figures are coming in different, from 23.4
percent down to 11 percent, and maybe see if there's some room to
move in that area. Thank you.
MS. FILSON: Next speaker is Bill Neal.
MR. NEAL: Good morning, Commissioners. Bill Neal,
chairman of the MSTU here again visiting with you.
I sort to feel at a disadvantage the way Jim has described this,
and although what he said was accurate about our meetings -- but the
edict came down, and so I've now had a chance to say something.
And thank you, Commissioner Coyle, for moving this from the
consent agenda to where we have it today because I do have some
explaining to the taxpayers in the Bayshore area if you decide to take
this $40,000 from us.
I would -- I was a little amused that Jim appeared to be saying
that somehow we maneuvered the county into giving us $40,000. I
guarantee you there was no maneuver. As a matter of fact,
Commissioner Fiala was in the -- on the Bayshore redevelopment
team at the time we were going through the development of the
MSTU, and you may recall some of this.
We had a very, very -- partnership discussion with the county
staff about them not being able to afford to mow and do the things that
were necessary to make Bayshore a decent neighborhood, and we
went through all that. And we said, okay, we will form an MSTU,
which we took upon ourselves to do, to get funds to do something
more.
At the same time, to make a long story short, the agreement was
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made with the county at that time that they would maintain a
partnership participation in the Bayshore MSTU in the improvement
program to the tune of $40,000.
How they arrived at $40,000, I don't know. We didn't try to sell
them on any number. We asked them if they would continue to
provide funds to help us to improve the Bayshore area. And to me all
along the line this was a partnership agreement. I'm a little surprised
at being here this morning at all because this has never become an
issue at all until we moved the administrative services from the county
to the CRA jurisdiction.
And I just wonder why this is all coming up all of a sudden about
this $40,000. So I know my time's out. I have a lot more to say and
wish I could, but that's all I can get out at this point.
MS. FILSON: You have one minute.
MR. NEAL: Oh, sorry. Thank you. Now that you give me one
more minute, I'd like to say that we have never refused to have further
discussions with county staff about that issue. It was issued, all of a
sudden it was an edict, we're taking the $40,000 from you. And out of
a partnership agreement with the county people, I'm going to say to
you, as a citizen of Collier County and as a founder of the Bayshore
MSTU and CRA, that I'm used to working with the county on issues
and problems, and I don't mind sitting down and talking with the
proper people about this. But for heavens sake, let's have an open
airing about this whole issue before you make a decision.
Thank you.
CHAIRMAN FIALA: Commissioner Henning, then
Commissioner Coyle, then Commissioner Coletta.
COMMISSIONER HENNING: Yeah. I don't -- you know, I
don't want to go back and try to recoup things that was not done
correctly. I think somehow we need to correct that. But I also feel
that we need to be fair to all of the people and all of the MSTUs. So
whatever the policy is with the others, that's what the policy should be
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with Bayshore.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. And I don't know that I
disagree with that. But the problem I have with this is that it lumps
two things together and requires us to make a policy decision
concerning a practice that we have observed for ten years almost.
So what I would really like to do is to recognize that there are
two things here. Number one is the transfer of administrative duties
and services of the Haldeman Creek maintenance dredging MSTU to
the CRA. I strongly support that. I think that's exactly what we would
like to do, and I'd like to make a motion that we approve that portion
of this executive summary.
COMMISSIONER HENNING: I'll second it.
CHAIRMAN FIALA: Thank you.
COMMISSIONER COYLE: The other issue is a budgeting
issue, and it also is a policy issue. And what I would like to do is to
separate these two things. Approve the motion I just made, hopefully
and, secondly, delay or separate this policy issue for the staff to come
before us and provide us a recommendation concerning consistent
application of our rules with respect to funding of MSTU s or funding
support of MSTUs.
And it's the -- it is truly a budgeting issue. I mean, like, for
example, we've never had anybody come to us with a policy issue that
says we're not going to allocate any money to lime -- pave the
limerock roads. That's been a budgeting decision. When we had
money, we applied it. When we didn't have money, we didn't apply it.
Now, that's now an MSTU, but that's the kind of thing I'm talking
about.
But let's not try to create a policy issue out of a funding issue.
And so if we merely delay this other action until later in the budget
cycle so we can determine what monies we might have available to
provide support to all MSTUs ifnecessary and develop an appropriate
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policy for that, then I'll be happy with it. But let's not just single out
one and develop a policy and -- without even evaluating the ultimate
budget impact.
We've made a decision that we want to save $40,000. It's a good
decision. We should try to save money wherever we can. But we
haven't even gone through the budgeting process yet, okay. So that's
really my point. Let's postpone that second decision until staff can
come back with a policy and a budgeting recommendation when we
know a little more about how much money we're going to have. End
of story. That's all I'm asking.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Help me with this just a
little bit. What we have here, an action that took place on the part of a
commissioner some time ago that didn't go through proper channels; is
that correct?
MR. MUDD: No. Commissioner, it didn't go through the
commISSIoners.
COMMISSIONER COLETTA: Well, that's the proper channels,
isn't it? Anything that has to do with any kind of budget changes or
money that comes from the treasury that we oversee have to come to
the commissioners for approval. I know it came to us numerous times
afterwards --
MR. MUDD: Yes, sir.
COMMISSIONER COLETTA: -- but the initial approval on this
that moved it forward--
MR. MUDD: No, it did never come to the Board of County
Commissioners.
COMMISSIONER COLETTA: It never came to the Board of
County Commissioners?
MR. MUDD: It never came to the Board of County
Commissioners for approval.
COMMISSIONER COLETTA: Okay. So I mean, you're using
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the word no, so I want to make sure I understand. What you're saying
is that was perfectly all right?
COMMISSIONER HENNING: No.
COMMISSIONER COLETTA: Of course it wasn't. No, that's
what I'm getting at. What happened was an anomaly that should never
have happened and probably has happened numerous times in the past.
Hopefully, this commission's been above it for at least the last eight
years, but it did happen, and it happened where it got on the books and
it was an accepted thing for some time.
Meanwhile, we have Immokalee. Do they have the same
consideration given to Immokalee? They also have an MSTU, and
they've got a CRA.
MS. ARNOLD: No, they don't have funds currently being
transferred to them.
COMMISSIONER COLETTA: Okay. Let me ask the next
question of Mr. Feder.
Mr. Feder, you better than anybody, better know what we've got
in the transportation budget when it comes to excess funds that we can
spend to be able to continue a process of allowing this $40,000 to
continue in perpetuity even though it was borne out of -- what do you
want to call it -- misdeeds on the part of someone? I need your
comments on this.
MR. FEDER: First of all, I would not characterize it as
misdeeds. What I will tell you is back in '99, well before anybody I'm
seeing around the room was involved in the process, there was an
action and a decision to transfer out of transportation's budget 40,000
a year to the Bayshore.
When I came and first budgeted at the end of 2000, which is the
2001 budget, that practice was already in play, and it wasn't until we
looked at whether to transfer the MSTU s -- and the first one was the
Bayshore -- that it came evident that in fact, that 40,000 was out there
and it became a question, and then it became an indication that, how
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did this ever get started, because nobody seemed to know, and then
the realization that it hadn't followed full process and hadn't been
adopted by the board, but because it was a couple years before and
had come through time, it was a transfer within the budget every year
and not really addressed as such and reviewed as such.
COMMISSIONER COLETTA: You still haven't answered my
question.
Is there money in the upcoming budget where you can come up
with $40,000 without hurting the existing programs for not only this
MSTU, but Immokalee to make everything equal?
MR. FEDER: Commissioner, our 40,000 is not a lot of money,
and the board would make that decision on budget. We're not
proposing it. Now -- because it hadn't gone through and hadn't had
board approval.
And we're not proposing it not because of Bayshore and anything
that was done in the past. We're not proposing it because we do not do
it in any of the MSTU s. This would set a precedent. We're not in a
position, in answer to your question, if we try to do this with all the
MSTUs.
The other thing I want to make sure that everybody's aware, the
MSTUs are formed to go above and beyond the core services. So yes,
we were providing core services and continue today.
In the last year, 1,500 hours of maintenance work -- and I can
give you areas -- in cleaning, mowing, sidewalk repair, tree trimming,
pot-holing, chemical treatment particularly at the ponds, then we went
in striping, 25,000; resurfacing, 55,000.
Now, when you look what we're trying to do, or what's being
tried to do in Bayshore and has been very, very good growth and
change in the area, that goes above and beyond the items I'm giving
you. That's our maintenance program, our ongoing.
So I realize there are issues being done above and beyond, and
that's why an MSTU was formed. But in none of those, when they're
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formed for those purposes, like Immokalee, like Golden Gate City, all
the others, do we provide a transfer of money. And as I said, that had
been around, was continually done in the budget, and it wasn't until
we looked at this that we realized, one, that it was really out there and,
two, that we couldn't find the basis because it seemed like such an
anomaly and it didn't stand up to having the prior board action.
COMMISSIONER COLETTA: Thank you, Mr. Feders (sic). I
can't support the motion as it is. I can support staff recommendations
as they're listed in our summary agenda.
COMMISSIONER COYLE: Wait a minute. The motion as is
doesn't do -- doesn't address the $40,000 at all.
COMMISSIONER COLETTA: Well, you want to bring it back
for discussion during the budget.
COMMISSIONER COYLE: What I'd like to do is recommend
that we transfer the administrative duties and services for the
Haldeman Creek maintenance dredging municipal service taxing unit
from alternative transportation modes to Bayshore/Gateway Triangle
community redevelopment agency staff. That's my motion. And then
-- and staff agrees with that. I don't know of anybody who disagrees
with that.
COMMISSIONER COLETTA: Okay. Well, go ahead.
COMMISSIONER COYLE: And that's the end of my motion.
But then I would like to make another motion after that which you
might very well disagree with and it might fail.
COMMISSIONER COLETTA: Okay. Go ahead. I can -- I can
live with the direction you're going. We can get into the discussion for
the second one.
COMMISSIONER COYLE: Yeah. And so ifmaybe, Madam
Chair, if we could ask for a vote on the first item --
CHAIRMAN FIALA: Yes.
COMMISSIONER COYLE: -- and then I'll make another
motion; if you don't agree with it, then it fails.
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June 9, 2009
COMMISSIONER COLETTA: Once more, just to make sure.
What you're saying is basically what the recommendations are here?
COMMISSIONER COYLE: Yeah, the first part of the
recommendation.
COMMISSIONER COLETTA: Okay. Where is the part
different that you want to change?
COMMISSIONER COYLE: When it says, directs the budget
office to discontinue the annual transfer of funds, okay. That part I'm
not dealing with right now.
COMMISSIONER COLETTA: No. I can't support the motion.
COMMISSIONER COYLE: Well, that's what I'm going to deal
with after the motion.
COMMISSIONER COLETTA: No, it just --
COMMISSIONER COYLE: No?
COMMISSIONER COLETTA: No, I'm not going to go along
with it.
COMMISSIONER COYLE: Okay. All right, okay.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
Opposed?
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: 2-2.
COMMISSIONER COYLE: Okay. So you can't transfer the
staff to them for the MSTU.
MR. MUDD: Well, I don't believe that -- well, based on the
vote, that's absolutely correct. It's a draw. That doesn't mean that the
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board -- Jeff, come with me here, okay. I've been out for a little bit.
MR. KLATZKOW: Your item has failed. If the board wants to
make another motion, that's their prerogative.
COMMISSIONER HENNING: I'll make a motion to approve
staffs recommendation.
COMMISSIONER COLETTA: I'll second that.
And may I ask a question?
CHAIRMAN FIALA: Yes.
COMMISSIONER HENNING: Yes.
COMMISSIONER COLETTA: Well, I got to get the Chair's
permission, please.
What I'd like to know is, does this motion, if it's approved, does it
-- does it totally eliminate the ability to be able to bring it up during
the budget cycle for discussion?
MR. MUDD: No. It's just telling -- it's telling the OMB folks to
-- instead of having it on the auto function as far as transfer of -- the
annual transfer of funds from road and bridge 101 to the Bayshore
beautification MSTU in the tune of $40,000, they need to stop that.
It doesn't mean the Board of County Commissioners can't adjust
that during the budget workshops or anytime during the summer that
they want to talk about it. It's just telling the OMB folks that right
now it's on auto -- it's on autopilot. It's been on autopilot since 1999,
okay. How it got on autopilot, I'm still trying to figure out.
Well, I do. There's a memo between County Manager -- county
administrator, excuse me. He wasn't a manager by his own -- by his
volition and will -- to Pam Mac'Kai who was a commissioner at the
time, and that's how it started. But, again, that particular transfer and
policy was not approved by the Board of County Commissioners.
And so we're bringing it to your attention. We're bringing it to
your attention at the will of Mr. Neal because he said, hey, this has got
to come in front of the board. And I said, Roger out. We'll get it in
front of the board. Doesn't mean during your workshop you can't
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change the policy on how you work MSTUs, in any particular MSTU,
to address the policy and/or change the funds. We're just -- we're just
telling OMB staff to get it off autopilot and don't automatically
transfer the $40,000.
CHAIRMAN FIALA: I think that's exactly what Commissioner
Coyle was going after is to -- because they're two different items
altogether. We wanted to take care of the one that's easy -- of course,
that's failed now -- to just -- to let the -- to let the -- this MSTU be
handled by the CRA staff, and that was -- that was separate, and then
we were going to discuss this funding afterwards. That doesn't mean
that it would pass or not pass.
COMMISSIONER COLETTA: No, I understand that. But what
I'm doing is, I'm just restating what Commissioner Coyle said. We
still have the option -- I don't know if I have to include it in my motion
or not -- to be able to consider it. We consider the possibility of all
MSTU s at that time. We're not precluding that, it's just that I didn't
want to separate it totally from there where this is --
CHAIRMAN FIALA: No, you said recommend staffs
recommendation.
COMMISSIONER COLETTA: Staffs recommendations, but we
also know that there's nothing that says we can't bring this forward
during the budget cycle to talk about it as an open item. There's no
problem with that.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Well, I'm not going to sacrifice the
opportunity to transfer the staff to the place where it should just
because I disagree with you on the handling of this policy.
First of all, we've all recognized that there is no official policy to
do this. It hasn't been approved, so you don't need board approval to
stop, okay? All you need is the County Manager to say, stop
allocating this stuff to them, and it stops.
We would -- might very well want to bring up an issue of a
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policy about whether or not we are going to recognize the fact that Mr.
Feder does, in fact, provide services and spend money to support areas
that are otherwise funded by MSTUs. He does it in Immokalee; he
does it everywhere in Collier County.
So it is an artificial distinction. Let's suppose Mr. Feder says, I'm
going to stop giving the Bayshore MSTU $40,000, okay. Bayshore
MSTU has $40,000 less money. So that means they're going to do
$40,000 less work on maintaining that street.
Now, is Mr. Feder going to have to pick up the responsibility for
doing that $40,000? Very probably, okay. Very probably.
So the only way you escape from that is if the county says,
because you're in an MSTU, we're never going to help you with
anything, and that is a bad decision. You don't want to do that.
So the -- my feeling is that we need to take a look at it during the
budgeting process, decide what Mr. Feder seems to have a
responsibility to do, what has been done with that $40,000, and if
eliminating the $40,000 from the MSTU will result in Mr. Feder
having to perform additional services, maybe there won't be any
savings of 40,000, I don't know, but we deserve that kind of discussion
during the budget cycle.
COMMISSIONER COLETTA: If I may respond?
CHAIRMAN FIALA: Certainly.
COMMISSIONER COLETTA: Yeah. You're right. You do
deserve a response during the budget cycle, and I'm not precluding
your ability to be able to do so. I just want to make sure, going into
the budget cycle, so this isn't on the books where we have to remove
it. We have to reinstate it, move it forward. And if we do reinstate it,
as you heard Commissioner -- excuse me, as you heard Mr. Feder say,
there's going to be very little budget money to be able to play with.
But at that point in time we're dealing with it, we can deal with it in a
fair and equitable manner across the board and see how it works out.
So I think staff recommendations are valid, and my motion stand
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as is, with the understanding that we're going to look at this again
during the budget cycle.
COMMISSIONER COYLE: As I said, it's not an official policy
of the Board of County Commissioners. It is going to be discontinued
anyway at the end of this fiscal year, which is exactly what it says
here. Nothing will be allocated for the next fiscal year unless we
consider it in the budget cycle. So it's two different issues.
COMMISSIONER COLETTA: Well--
COMMISSIONER COYLE: I'm merely trying to separate it for
ease of --
COMMISSIONER COLETTA: Yeah, but the big part --
COMMISSIONER COYLE: There's no point in talking about it
and worrying about it. We've already got --
CHAIRMAN FIALA: That's the way it is. You've already made
those decisions.
COMMISSIONER COLETTA: No, I haven't.
CHAIRMAN FIALA: They can't be separated.
COMMISSIONER COLETTA: It will come back.
CHAIRMAN FIALA: Well, you voted against it, so you already
made those decisions.
Commissioner Henning?
COMMISSIONER HENNING: I was just going to call the
motion, but I think --
CHAIRMAN FIALA: Well, we can't jeopardize MSTU.
COMMISSIONER HENNING: I think that Commissioner
Coletta has made his statement that you can always bring it up in the
budget workshops, so it's not a dead issue.
CHAIRMAN FIALA: All those if favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
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June 9, 2009
CHAIRMAN FIALA: We just couldn't let you down.
And all those opposed?
(No response.)
CHAIRMAN FIALA: It's a 4-1 (sic). Thank you.
COMMISSIONER HENNING: I do have a question, Mr.
Jackson, after the meeting, if you don't mind. Thank you.
Item # 15 (Continued from earlier in the meeting)
STAFF AND COMMISSION GENERAL COMMUNICATIONS
CHAIRMAN FIALA: Okay. Now we move back on to
Commissioner Coletta for commissioner comments.
COMMISSIONER COLETTA: Yeah. And I'm going to need
some help from my fellow commissioners on this.
Back with my last date, I went through a considerable amount of
problems with our IT department regarding the computers in the office
and the amount of downtime there was, the amount of time to bring it
up.
Well, I thought it was kind of located more with the person than
with the computers. Well, I got a new aide now. She came in.
There's been absolutely no problems when she first arrived;
everything was going smooth as anything.
She had 2007 Outlook on her computer, which they use in parks
and rec. She came here and they said, nope, we're going to have to
move you to 2003, because that's what everybody else has got. And
the minute they installed it, all went to hell. She's now waiting forever
for the computer to come up, and we've been through this before with
my previous aide where I think they gave her something like ten
different new computers to try to resolve it. Nothing would resolve it.
Now I've got a new aide in place who started off tremendously,
and she's already behind the eight-ball because she's been degraded in
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'07 to '03 as far as Outlook goes. I don't know if you've had similar
experiences or not, but I can't talk to you offline, so I'm talking to you
now.
CHAIRMAN FIALA: Commissioner Henning, then
Commissioner Coyle.
COMMISSIONER HENNING: I have '07, and it works fine.
COMMISSIONER COLETTA: Help. Is there anyone that can
answer why we can't all be '07?
MR.OCHS: I believe we can be all '07.
COMMISSIONER COLETTA: Well, then why did they take
my aide and turn her in '07 back to '03? My Outlook is '03 and I'd
prefer to have '07, and my personal computers at home are all '07. It
makes no sense at all, if we're licensed to have '07, why we're still
working with '03.
MR. OCHS: Because some of the staff prefer to continue to
work with '03. You have an option. You can go to '07 or to 2003, stay
with that.
But I'd be happy to get our IT staff together with you and your
aide and work through any issues we have on this, Commissioner.
COMMISSIONER COLETTA: I see our office manager. Mr.
Mitchell, do you have any comments you want to make?
MR.OCHS: We can do this offline or we can do it right now.
COMMISSIONER COLETTA: Do it right now and just get it
over with. You know, it shouldn't be that big of a deal.
MR.OCHS: I agree. I'm not sure what the issue is.
COMMISSIONER COLETTA: Well, the issue was is that my
aide wanted to keep what she had on there, and they reduced her to
2003 on Outlook, and so it left me wondering, you know, which
direction this whole thing was going.
MR. MUDD: Sir, it becomes an ex parte search issue, okay, and
if you do '07, I can't go back to get the '03 issues, and you have a little
bit of a disconnect, and that's the particular piece that -- it's not
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completely a continuum in the particular item. When we have to do
your ex parte searches, that's where we have a problem.
COMMISSIONER COLETTA: Didn't we just issue new email
addresses, you go to one, you go to the other one. The problem is that
we're losing hours and hours of productivity time waiting for
computers to come up, getting cut off. It's less than a perfect system,
and we tried to resolve -- I didn't realize this was a problem before, but
there was a terrible problem in this office before, and it obviously still
exists.
So if you're saying we have the options individually -- if
Commissioner Henning's got '07, by God, I want '07. I thought it was,
we were limited to '03. I never questioned it.
MR. MUDD: No, sir. You can go the other way if you want.
COMMISSIONER COLETTA: Okay. So my understanding is,
anyone in the office who wants to switch to '07 can do so?
MR. MUDD: Yes, sir.
COMMISSIONER COLETTA: Thank you. I didn't mean to
make such an issue over it, but it's been extremely frustrating the
amount of time that was lost working with IT over the last couple of
years on this issue.
MR. MITCHELL: Ian Mitchell, BCC office supervisor.
The issue for the aides is they need to use 2003 because when
they do ex parte searches, 2007 does not allow you to do the full kind
of search that they need you -- they need to do.
The problem with that is that if they use 2007, it takes the -- you
know, a prodigious amount of time to do searches, and so this is why
the aides are still on 2003.
Now, in July, talking to IT, they are going to try and make some
adjustments such that they might be able to use that. But Microsoft
themselves admit that that facility's not available with 2007.
COMMISSIONER COLETTA: So in other words,
Commissioner Henning's records can't be accessed?
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MR. MITCHELL: No, the aides are fine with what they've got
because they're all on -- they're all on 2003. So they're able to do the
searches they need to do through Outlook.
COMMISSIONER COLETTA: You know, but there's a reason
why we're having problems in the office with computers, and it's been
going on for a long time. IT has worked on it numerous times, brought
down new computers over and over again, and the problems still exist.
We even had people change their email address thinking maybe that
would change it. It's been ongoing for a long time. It's intolerable.
Some way we've got to come up with a working solution.
I'd say as far as accessing records, there's got to be a way to make
it work. If it works for Commissioner Henning, it can work for
everyone else if they want to go to '07. If '07 will keep my aide online
so she can get a full day's work in rather than have to lose a half an
hour here and there while the computer shuts down and comes back
up again, then I'd rather see her working with '07 and us having to do a
little more work to get our ex parte in order.
MR. MITCHELL: Well, Commissioner, you can go to '07. That
isn't -- that isn't an issue.
At the moment, your aide's computer is in IT, and it's going to be
there for the next hour while they resolve the issue of converting her
back to 2003. But the thing is, when she went in on 2007, we found
out that it had downloaded to her like over 2,000 items that should
never have been there. So this was resolved, and it's being resolved
currently as we speak. They've taken her computer away, and they're
resolving the issue, but she needs to be on 2003, the same as all the
other aides.
COMMISSIONER COLETTA: And I don't want to blow this
thing out or proportion, but everybody's got to understand how deep it
was.
Ms. Filson, how many times have we had IT up to the office
trying to deal with my aide's problem with the computer?
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MS. FILSON: Numerous.
COMMISSIONER COLETTA: Numerous being probably 30,
40 times easy.
MS. FILSON: More than that.
COMMISSIONER COLETTA: Yes. It's been unbearable. I
don't expect it to continue.
MR. MITCHELL: No, sir.
COMMISSIONER COLETTA: If it's because of the difference
between '03 and '07 and if '07 will cure it, I've got to have a productive
aide that's not going to be held up waiting for a computer to come
around to meet the needs of what it is for it, being shut down and
taking time to come up.
I think enough has been said. We know that we can go to '07,
thank you. I do appreciate you going through this little escapade with
me, and thank you, Ms. Filson.
MR. MITCHELL: Commissioner, we're -- everybody's really
sensitized to the issues around what's happening currently with your
aide, and IT are really working to -- you know, to resolve the
situation, and I'm, you know, taking, you know, sort of an overview of
it so that we know -- we bring you back online as quickly as possible.
COMMISSIONER COLETTA: Okay. And once again, you
might want to talk to Ms. Filson about the past history of IT and the
computers in our office. It might -- it might -- you know, just so we
don't have a repetition of this going on into the future.
Thank you so much.
MR. MITCHELL: Yes, Commissioner.
COMMISSIONER COLETTA: I have one more issue, and I'll
try to be quick with it.
COMMISSIONER COYLE: You only have 30 seconds.
COMMISSIONER COLETTA: I knew it was a mistake to put
you in their as vice-chair.
It has to do with the LDC amendments. We have a unique
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situation out in Golden Gate Estates. For years there's been this
conflict between commercial enterprises and private residents.
Golden Gate Estates is very unique. It allows for businesses to
exist and still be residential. There's certain criterias that have to be
put into place to make it work. One of the problem areas that we ran
into in the past and we will again in the future was the use of trucks
being parked in the Estates and trucking businesses being run out of
the honles.
At one point in time they did try to make a movement to come
forward to eliminate the use entirely and, of course, the people that
have held these business licenses just absolutely went out of their
minds, you know, and the idea of putting them out of business wasn't
palatable, nobody wanted to pursue it, so we dropped the issue.
Now there is a number of people that have given up the trucking
business, they've gone out of business, they've moved. The numbers
are very low.
My -- what I'd like to have staff do is look at the possibilities of
an LDC that would grandfather those people in that have a business
license in place that has to do with truck hauling, the dump truck
operations; meanwhile, put a restraint on any new license being
issued. The people who have them would be grandfathered until that
point in time that they move or sell their property or discontinue their
license.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Commissioner Coletta, it's my
understanding what you're talking about is a home occupational
license.
COMMISSIONER COLETTA: That's correct.
COMMISSIONER HENNING: And I -- I don't think anybody
can deny somebody of a home occupational license just because
they're not doing it anymore or somebody else new comes in. So if
that's your understanding, maybe you can have that staff member or
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just direct staff to provide us a memo on the issue.
COMMISSIONER COLETTA: That's excellent. I already have
talked to Jeff Klatzkow, and he was the one that suggested I bring it
up to you so that he can take his research to a step further.
COMMISSIONER HENNING: Trust me, you don't want to
broach this issue. I was here at the time. The industry flooded this
parking lot.
COMMISSIONER COLETTA: And they did it for very good
reasons, because they were wrong to tell them they were going to
eliminate the licenses entirely. I'm for allowing the ones -- I already
talked to a number of people that have trucks within the Estates. And
as long as they're grandfathered in, they're guaranteed that their
license will be renewed every year, they don't have any problem. In
fact, it's to their advantage to know that sometime in the future they're
not going to have competition moving in.
And so we don't have -- this particular way, if it's approached
from that direction -- meanwhile, you've had in the past -- and I
haven't had complaints recently because of the downturn in the
economy. Many people were complaining about the truck operations
moving next door to them, especially on 75-foot lots, starting up at
four o'clock in the morning, going all weekend long. There was a
problem with the possible pollutants that they were dropping on the
ground.
There was a lot of issues that -- they weren't being dealt with, and
we let it slide. But the mistake was is the fact that they were trying to
make a prohibition against the total use, and that's not what I'm
proposing at all.
And I'd like to be able to know if it's legal to be able to
grandfather them in, and Jeff Klatzkow believes that it is, but he told
me to bring it to you to see if it warrants further research on the part of
the County Attorney's Office, and that's what I'd like to have done.
COMMISSIONER HENNING: Okay. I think I understand.
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You want to prohibit trucks in Golden Gate Estates but grandfather in
the existing ones?
COMMISSIONER COLETTA: That's correct, Commissioner
Henning.
COMMISSIONER HENNING: Okay. I -- personally, if you're
asking my opinion, I don't want to prohibit land use from, you know,
one neighbor being able to have one and then the new guy comes in
and says, no, you can't have it. We're just grandfathering in the ones
that are already there.
COMMISSIONER COLETTA: But I hate the idea of saying
people that are established in business and they're making a living and
making it exist being put out of business, and I'll never support
anything that does that. And that's why I thought this would be a good
alternative to be able to preserve the business base that's out there as
we move forward.
COMMISSIONER HENNING: Who's telling you that it's not
allowed right now?
COMMISSIONER COLETTA: I'm sorry. You lost me.
COMMISSIONER HENNING: Well, you're confusing me.
COMMISSIONER COLETTA: That's not hard.
COMMISSIONER HENNING: Yeah. When you first started
out, it sounded like you're saying that staff won't allow somebody to
go in and use a truck.
COMMISSIONER COLETTA: No, no, no. I said, staff can't
work on this any farther without direction from the commission.
COMMISSIONER HENNING: Okay.
COMMISSIONER COLETTA: And that's what Jeff Klatzkow
asked me to bring back to you, our -- the County Attorney, to be able
to see if we can allow time for him to be able to have his staff look
into the legalities of a grandfather issue.
Mr. -- Jeff Klatzkow, would you comment?
MR. KLATZKOW: Yeah. It's an LDC amendment, so we're
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June 9, 2009
going to ultimately require four votes anyway. My thought is whether
or not from a policy standpoint the commission was interested in
looking at the issue of whether or not we should be prohibiting
commercial vehicles in the Estates, grandfather those existing uses.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Well, I'll give you my answer right
now. I'm very reluctant to start issuing edicts from this dais
concerning what the people in the Golden Gate Estates can or cannot
do. I feel much more comfortable with a community-based
recommendation here.
And if something that comes from the community itself
demonstrates they have overwhelming support for a particular action,
I would be happy to endorse it, but I don't want to originate and
presume that I know -- I understand all about the residents' concerns
there.
And I would -- I would suggest that we just get the residents, the
property owners out there, to get organized and make some
recommendations to us as to how we might handle this, and you'd
have some public information meetings, and then we would have a
very good foundation upon which to base a decision that we would
likely make.
CHAIRMAN FIALA: I totally agree. I would really like to hear
from the whole community in that. Say, for instance, I'm a trucker.
That's about the only place you can go to, you know, have your little
trucking business, or big trucking business. And, okay, my business is
successful, so I decide to move to another place, but now I can't have
my trucking business anymore because now I can't move it because I
already have it here, and we're not -- we're grandfathered in, but I can't
move to another place and have it.
I just -- I think there's a lot of things that need to be discussed.
We certainly can't just discuss it on commissioner comments and
make decisions. And I would love to see what kind of support,
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June 9, 2009
because on the other hand I would hate to be living next door to the
guy who fires up his truck every morning at 4:30, and I wouldn't like
that either, especially if he's got ten or 12 trucks coming and going.
So, you know, you can understand both sides of it. But maybe if
you can get a groundswell of support and come back and, you know,
they -- you know, you get, I don't know, 60 percent of the people in
Golden Gate Estates that say yeah, we want --
COMMISSIONER COLETTA: That's not going to happen. We
had our civic association, consists of about -- probably about .3
percent of the population that belongs to it. Even if they had hundreds
of members, they'd only represent a small little fraction, so --
CHAIRMAN FIALA: It would be --
COMMISSIONER COLETTA: -- that's why these public
forums that we would be going through -- in other words, first the
legality of whether it could be done, and that would give exposure to
it. That's what these forums are generally all about is the public comes
in here, they get to weigh their opinion on it. I mean, I've received
numerous letters of complaints in the past.
And, you know, for me to try to go out and organize something
all by myself out there, it's not going to happen. I don't have the
manpower or time to be able to do that.
COMMISSIONER HENNING: I'll be behind you, about that far
behind you.
COMMISSIONER COLETTA: Yeah, I hear you. Well, you
know, if there's not any interest, we won't pursue it at this time. I'll
tell you, it's an issue that I thought we found some way to be able to
resolve it and still protect the integrity of the business community.
CHAIRMAN FIALA: I wouldn't mind you at least finding out if
it's legal.
MR. KLATZKOW: I can give you a legally defensible
ordinance.
CHAIRMAN FIALA: Even though you don't vote for me, I
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June 9, 2009
could vote for you, and I think it's -- and I wouldn't mind looking at --
to see if it's legal.
MR. KLATZKOW: Well, I can come back with a legally
defensible ordinance. The issue is, before we go that route, if there's
an interest in such an ordinance.
COMMISSIONER COYLE: I'll reiterate my position. This can
be a very, very disruptive decision. You can give us a legally
defensible ordinance, but does that mean that people who own
property there are going to like it?
MR. KLATZKOW: No. And as part of the LDC process, it
would be a public -- it would be a public process.
COMMISSIONER COYLE: Well, yeah, but can you imagine
the amount of time and effort that's going to be spent on doing that
with the staff and having public hearings and advertising something
that somebody will come in here and tell us, we're going to lynch you
if you pass this? You know, I would like to sort of know what my
chances are up front. And I know that the people are very protective of
their privacy, and they're estate-size lots, and there are rights to do
things that we don't allow in other parts of this county, and I feel very
uneasy just trying to mandate a decision that we pull together.
If -- I don't have a problem trying to get some sort of public
information forums conducted out in Golden Gate, but I don't want to
go through all of the time and expense of doing that here in this room
after we've already drafted the ordinance. That is really the backward
way of doing it, and maybe that's why Commissioner Coletta has
Outlook 2003/2007. But in any event, we'll -- I'll explain that to you
later.
COMMISSIONER COLETTA: That's okay. I'm sure you don't
understand it either.
COMMISSIONER COYLE: I don't. But in any event, I
encourage the public input to tell us what they would like to have. I
just hate to see it turned around where we decide what they're going to
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June 9, 2009
have and then we spend weeks and months working on it.
COMMISSIONER COLETTA: I was trying to initiate the public
process, that's all.
COMMISSIONER COYLE: Okay.
COMMISSIONER COLETTA: We only got two people that are
even interested in hearing it come back. So Mr. Klatzkow, I appreciate
your comments, and that probably ends that for now.
CHAIRMAN FIALA: Anything else?
COMMISSIONER COLETTA: Other than the fact that I -- this
meeting's been productive and fast. We're almost over.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Please, please fix Commissioner
Coletta's computer problems.
MR.OCHS: Yes, sir.
COMMISSIONER COLETTA: You've got an overwhelming
majority on that.
COMMISSIONER HENNING: The next issue is, it was brought
to my attention that the legislators of the State of Florida listened and
observed what Collier County was doing by extending -- well, we
extended SDPs and PUDs because of the economic condition in
Collier County.
They have further extended development orders and general
permits and also for their departments, such as DEP and the Water
Management District and local government permits. So I think they
were kind of listening to us in leading by example, if I may say.
CHAIRMAN FIALA: I don't quite understand. What is this?
COMMISSIONER HENNING: Well, what they did is they
passed a law, and the governor signed it, is because of the economic
conditions, nobody's building. So the permits that have been issued,
they're not letting them expire. They're letting them extend it to 2012
and, furthermore, an extension upon that. So I just want to say -- and I
got the law here if anybody wants it.
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June 9, 2009
And my last thing is, you know, we talk about economic
development, especially in this hard times. The board approved a
local preference for businesses, but it doesn't apply to all the
businesses that we do; in other words, in there a professional, such as
an engineer or an architect or somebody of that nature, it doesn't apply
to them, okay.
And I've been hearing more and more comments is, you know,
we can do this work right here. And so I want to give -- and if I could
get two other people to agree to give staff direction to provide a --
what is called a location and our process of qualifying professionals --
because right now you based it upon their experience. And if you put
in location of, like, say, 10 percent, that's what Charlotte County does,
you have a better chance of that monies being circulated through the
community.
CHAIRMAN FIALA: So in other words, focusing more on our
local people --
COMMISSIONER HENNING: Professionals.
CHAIRMAN FIALA: -- to make sure our people are getting
work rather than dishing it out to other counties?
COMMISSIONER HENNING: Correct.
CHAIRMAN FIALA: Oh, I love that. I think that's great.
COMMISSIONER HENNING: And the other thing, in a
professional contract, they get paid for travel time. If we hire
somebody from out of town, you pay -- perfect example, there's an
east coast -- or left coast I always call it -- firm that's doing work for
here. We pay for their hotel, we pay for their food, and we pay for
their gas to come over here and do their work. Now, wouldn't you like
to have such a deal like that?
CHAIRMAN FIALA: Oh, such a deal, yeah. You know, I
agree.
COMMISSIONER HENNING: And if you hire a local, they
already have a place to stay, they already have gas in their vehicle,
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June 9, 2009
and they better have food at their table because it's not going to
qualify for the same thing. So in my opinion, we'd be saving money,
re-circulating the money, and these people here in Collier County,
professionals, they're taxpayers, too.
CHAIRMAN FIALA: I have a question. When we -- when we
see these bids and we see, you know, how they all stack up, I've never
seen anything in there -- and I could be wrong. You see them more
clearly than I do -- I've never seen anything for all of the expenses that
are involved for transportation. I just see the flat figure.
COMMISSIONER HENNING: Right.
CHAIRMAN FIALA: Is that over and above? And by the time
you figure that stuff in, does it actually make them a higher bidder
than our local people?
COMMISSIONER HENNING: I don't know because we don't
have that information. You just don't know. A professional, an award,
then staff goes and negotiates the contract, correct?
MR.OCHS: Yes, sir.
COMMISSIONER HENNING: So we don't see that stuff.
CHAIRMAN FIALA: You know, we've talked about this over
the past year, especially with the downturn in the economy and so
many of our people being out of work while we -- while we ship our
work to out-of-county firms who then say, well, we hire local people.
How many do they hire? We don't know that. And we've long said,
it's tougher to do business here in Collier County because our -- the
prices are a little bit higher because our cost of living is higher.
And so our people are out of work, so then we have to support
them because they don't have any work while we ship the stuff out.
So I don't know what we can do about this, but you and I have been in
this together for a while now.
COMMISSIONER HENNING: You need one more
commissioner to give that direction to staff to bring it at the next
meeting for that policy change.
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June 9, 2009
COMMISSIONER COLETTA: May I ask Mr. Feder to come up
front? I'd like to -- because we've discussed this before, and I can't
remember what -- the reasons why we follow the particular path that
we're going on, but there must have been a reason at that time.
Mr. Feder, you heard the discussion going on?
MR. FEDER: I heard the general discussion.
COMMISSIONER COLETTA: And we -- I have, myself,
received complaints before from local vendors that offer professional
services that got passed over. In some cases, they were rated -- out of
15, they were rated number 10, big-name firms on the list. Give us a
little more insight on this, and the direction we're looking to go, if it's
valid.
MR. FEDER: First of all, you've got a very formal process that
you go through, but I think what's been raised is if the board wants to
add some points, add some issues, that is something that needs to be
done through our procurement office.
But I couldn't stand here -- there's so many different reasons for
either -- for different items and selection processes. You do have a
technical committee they go through. People come in with a scope of
servIces.
I've seen cases from our own efforts where you would think that
in one case a local firm had the upper hand, should get it, and then
maybe they thought the same, didn't come in with a proposal that
really showed that they understood the job, that they were doing
things in that, and then the technical team, which I'm never part of, but
nonetheless didn't rate the local firms as high and another firm got it.
But there are provisions within our contract for responsiveness,
part of which is local. The question is, does that need to be beefed up?
What are the items concern? And I would say that this is something
that Steve Carnell from purchasing probably needs to address and
work with the board on.
So by allowing a percentage, a small percentage, be it 2 percent
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June 9, 2009
or 10 percent, somewheres in there, with the fact that, you know, local
firms are going to be more responsive, you're not going to have that
carrying cost of their travel, hotel rooms, all those related costs that
you would with the local (sic) firm.
MR. FEDER: And then sometimes --
COMMISSIONER COLETTA: We might be able to figure
some sort of percentage that would be equitable across the board and
still protect the integrity of taxpayers?
MR. FEDER: You're difficulty is there's so many different types
of contractings, expertise, and capabilities that you're going after,
yeah. But I think that probably what you're asking for -- and I will
defer to Leo -- is probably for us to come back -- and I say us,
probably Steve in purchasing, and go through our processes and see
where -- I don't know if that's a workshop issue or--
COMMISSIONER COLETTA: You know, Commissioner
Henning, did my question hit on what you were talking about, or am I
missing the point?
COMMISSIONER HENNING: No, you're not missing the point
at all. When I brought up the local preference policy change, I was --
I have a correspondence that staff felt that it was illegal to have a
location within our professional contracts.
Now, throughout the whole State of Florida, they have provisions
for locations. Talking to the -- I talked to Jeff Klatzkow months ago
about this, and he says, you know, it's not a -- it's not a case where it's
a legality issue.
The -- you know, if we bring it back, our staff is going to advise
us what their opinion is working with changes to have location within
the policy change.
COMMISSIONER COLETTA: Okay. You got a third nod.
CHAIRMAN FIALA: Good. And, you know, I think --
Commissioner Coyle, I'll call on you in just a second.
One of the things is, I think the location line became blurred
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June 9, 2009
when we included Lee County into it, because all of a sudden then
they became Collier County, and I think we ought to be still looking at
that again as we talk with staff.
COMMISSIONER COLETTA: If I remember correctly, the
problem -- I'm sorry, Commissioner Coyle. I didn't mean to jump in
front of you.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Oh, okay. You know, I'm not
going to oppose the motion, but the important thing to remember is
that the price, the reputation of the firm, and their track record and the
quality of the service they provide are all very, very important.
And the other thing that is important is that all of our local firms
have the opportunity to match the lowest price, all other things being
equal, right?
MR. OCHS: On competitive bids, yes, sir. Not on --
COMMISSIONER COYLE: On competitive bids.
MR.OCHS: -- CCNA professional services.
COMMISSIONER COYLE: Okay.
MR. OCHS: Currently exempt from the local preference
requirement in your procurement policy.
COMMISSIONER COYLE: Yes. I have no problem
whatsoever with considering a similar kind of procurement policy
there, but as all of you know, I am suspicious of the long-term effects
of this, but we'll just have to wait and see how it turns out. I think over
time it results in a loss of bidders and lack of competition and
probably lower quality and higher costs in the end. But, nevertheless,
we'll only know if we try it, so why not try it.
MR. OCHS: That's fine. Madam Chair, we'll bring a staff report
back to the board that fully addresses the inclusion of the CCNA
professional service contracts into your local preference provisions.
CHAIRMAN FIALA: Thank you. Thank you. Does that
answer --
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June 9, 2009
COMMISSIONER HENNING: Yeah. Do the changes in the
policy, bring it back to us to officially adopt or not adopt.
MR. OCHS : Yes, sir.
COMMISSIONER HENNING: But also bring staffs thoughts
on the matter.
MR.OCHS: Yes, sir, we will do.
COMMISSIONER HENNING: Yep. And I agree with
Commissioner Coy Ie, at a certain time this local preference is not
going to become an issue and it should be removed. So it hits that
issue of making sure that we have ample bids to get the best price for
the taxpayers.
CHAIRMAN FIALA: Yeah.
COMMISSIONER HENNING: And we are right now.
CHAIRMAN FIALA: That's true.
COMMISSIONER HENNING: That's all I have.
CHAIRMAN FIALA: Okay, fine. And I have nothing. So with
that --
COMMISSIONER COYLE: Motion to adjourn.
COMMISSIONER HENNING: Second.
CHAIRMAN FIALA: Motion to adjourn. All those in favor?
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Any opposed.
(No response.)
CHAIRMAN FIALA: I didn't even bother.
****Commissioner Henning moved, seconded by Commissioner
Coletta and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted * * * *
Page 110
June 9, 2009
Item #16A1
RESOLUTION 2009-141: FINAL APPROVAL OF THE
ROADWAY (PRIV ATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF RUNAWAY BAY AT FIDDLER'S
CREEK WITH THE ROADW A Y AND DRAINAGE
IMPROVEMENTS BEING PRIVATELY MAINTAINED -
W/RELEASE OF THE MAINTENANCE SECURITY
Item #16A2
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR GREVILLIUS BUILDING - W/RELEASE OF ANY
UTILITIES PERFORMANCE SECURITY
Item #16A3
BID #09-5075, COLLECTION AGENCY SERVICES FOR
COLLIER COUNTY TO MINTEX, INC. - FOR A TWO-YEAR
CONTRACT PERIOD
Item #16B1
BUDGET AMENDMENT IN THE AMOUNT OF $108,719.05 FOR
TRAFFIC ACCIDENT REIMBURSEMENTS, FUND 112,
PROJECT #60076.1, AND TO RECOGNIZE REVENUES FOR
FUTURE REPAIRS - RECOGNIZING COLLECTIONS FOR
DAMAGE TO LANDSCAPE MEDIANS AND A SETTLEMENT
CHECK FOR $99,500.00 FROM THE CIVIL LAWSUIT:
COLLIER COUNTY VS. BOTNER LAND DESIGN, INC., ET AL.,
(CASE NO. 02-1923-CA) CITING BREACH OF CONTRACT AND
PROFESSIONAL NEGLIGENCE FOR THREE LANDSCAPE
Page 111
June 9, 2009
PROJECTS IN COLLIER COUNTY
Item #16B2 - Moved to Item #10D (Per Agenda Change Sheet)
Item #16B3
ACCEPT A FY09-10 FEDERAL TRANSIT ADMINISTRATION
SECTION 5310 GRANT AWARD IN THE AMOUNT OF $75,080
AND APPROVE THE PURCHASE OF ONE (1) PARATRANSIT
VEHICLE UTILIZING THOSE FUNDS - REQUIRING A 10%
LOCAL MATCH TO REPLACE A 2003 VEHICLE THAT MEETS
FTA VEHICLE END OF USEFUL LIFE CRITERIA
Item #16B4
RESOLUTION 2009-142: A LOCAL AGENCY PROGRAM
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION WHICH IMPLEMENTS UP TO $280,000
FOR CONSTRUCTION OF A SCOOT (SPLIT CYCLE OFFSET
OPTIMIZATION TECHNIQUE) SYSTEM ON AIRPORT ROAD,
WITH REIMBURSEMENT BY THE FLORIDA DEPARTMENT
OF TRANSPORTATION - TO HELP REDUCE DELAYS AND
SUPPORT TRAFFIC FLOW AT FOUR INTERSECTIONS, FROM
ORANGE BLOSSOM DRIVE TO IMMOKALEE ROAD
Item #16B5
RESOLUTION 2009-143: MEMORIALIZING A FY08-09 GRANT
AWARD UNDER THE FEDERAL TRANSIT ADMINISTRATION
(FTA) SECTION 5311 AMERICAN RECOVERY AND
REINVESTMENT ACT (ARRA) PROGRAM FOR THE AMOUNT
OF $495,090.00 AND A JOINT PARTICIPATION AGREEMENT
Page 112
June 9, 2009
(JPA) BETWEEN THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) AND COLLIER COUNTY - FOR
THE PURCHASE OF A PARATRANSIT VEHICLE, SIX BUS
SHELTERS, FOUR ELECTRONIC F AREBOXES, FOUR
VEHICLE LOCATORS AND PROGRAM MANAGEMENT
Item #16B6
BID #09-5241 FOR THE CONSTRUCTION OF THE LEL Y AREA
STORMW A TER IMPROVEMENT PROJECT (LASIP)
MITIGATION PARK RESTORATION PROJECT NO. 60084.1, TO
EARTHBALANCE IN THE AMOUNT OF $60,053.00 PLUS A
TEN PERCENT CONTINGENCY - TO RESTORE THE
DISTURBED WETLAND AREA BY PLANTING FLORIDA
NATIVE SPECIES AND REMOVING INVASIVE EXOTIC
VEGETATION AND TO ENHANCE TWO ADJACENT PARCELS
REQUIRED AS MITIGATION FOR IMPACTS ASSOCIATED
WITH THE LASIP PROJECT
Item #16B7
THE IMMOKALEE STORMW A TER MASTER PLAN AS
COMMISSIONED BY THE BIG CYPRESS BASIN OF THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND
APPROVE STAFF'S APPROACH TO UPDATE THE PLAN - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16C1
A BUDGET AMENDMENT OF $633,362.96 FROM RESERVES
FOR CAPITAL TO PROJECT #73969, SOUTH COUNTY WATER
RECLAMATION FACILITY TECHNICAL SUPPORT (ODOR
Page 113
June 9, 2009
CONTROL SYSTEM IMPROVEMENTS) - PART OF THE
$5-MILLION EXPENDITURE RECOMMENDED BY THE
PUBLIC UTILITIES DIVISION FOR PROJECTS PREVIOUSLY
DEFERRED DUE TO REVENUE CONSTRAINTS
Item # 16C2
A BUDGET AMENDMENT OF $270,396.00 FROM RESERVES
FOR CAPITAL TO PROJECT #71066, NORTH COUNTY
REGIONAL WATER TREATMENT PLANT TECH SUPPORT-
FOR UPGRADING GENERATORS, CHEMICAL TANKS AND
DEGASIFIERS; PART OF THE $5-MILLION EXPENDITURE
RECOMMENDED BY THE PUBLIC UTILITIES DIVISION FOR
PROJECTS PREVIOUSLY DEFERRED DUE TO REVENUE
CONSTRAINTS
Item #16C3
A BUDGET AMENDMENT OF $599,280.00 FROM RESERVES
FOR CAPITAL TO PROJECT #73968, NORTH COUNTY WATER
RECLAMATION FACILITY TECHNICAL SUPPORT-
FUNDING FOUR PROJECTS INCLUDING A CHEMICAL
PIPING SPILL CONTAINMENT SYSTEM, BLEACH SYSTEM
PUMP IMPROVEMENT, AERATION BLOWER CONTROLLER
REPLACEMENTS AND FLOW METER REPLACEMENTS;
PART OF THE $5-MILLION EXPENDITURE RECOMMENDED
BY THE PUBLIC UTILITIES DIVISION FOR PROJECTS
PREVIOUSL Y DEFERRED DUE TO REVENUE CONSTRAINTS
Item #16C4
A BUDGET AMENDMENT TO REALLOCATE FUNDS IN THE
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June 9, 2009
AMOUNT OF $85,000 FROM RESERVES TO THE IRRIGATION
QUALITY WATER SOURCE INTEGRATION PROJECT #74405-
FOR SYSTEM DISTRIBUTION AND INTER-CONNECTION
UPGRADES; PART OF THE $5-MILLION EXPENDITURE
RECOMMENDED BY THE PUBLIC UTILITIES DIVISION FOR
PROJECTS PREVIOUSLY DEFERRED DUE TO REVENUE
CONSTRAINTS
Item # 16C5
A BUDGET AMENDMENT IN THE AMOUNT OF $100,000.00
FOR THE COLLIER COUNTY INFLOW & INFILTRATION
IMPLEMENTATION PROGRAM FOR CONTINUANCE OF THE
FLOW METER ASSESSMENT PHASE OF PROJECT #72500 -
IDENTIFYING AREAS IN NEED OF REPAIR AND ESTIMATE
REPAIR COSTS USING DATAFLOW SOFTWARE; PART OF
THE $5-MILLION EXPENDITURE RECOMMENDED BY THE
PUBLIC UTILITIES DIVISION FOR PROJECTS PREVIOUSLY
DEFERRED DUE TO REVENUE CONSTRAINTS
Item # 16C6
A BUDGET AMENDMENT OF $82,227.00 FROM RESERVES
FOR CAPITAL TO PROJECT #73964, WASTEWATER
SUPERVISORY CONTROL AND DATA ACQUISITION
SYSTEM IMPROVEMENTS - FOR A NCWRF SCADA SYSTEM
UPGRADE; PART OF THE $5-MILLION EXPENDITURE
RECOMMENDED BY THE PUBLIC UTILITIES DIVISION FOR
PROJECTS PREVIOUSLY DEFERRED DUE TO REVENUE
CONSTRAINTS
Item #16C7
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June 9, 2009
A BUDGET AMENDMENT IN THE AMOUNT OF $215,000.00
FROM RESERVES FOR CAPITAL TO PROJECT #73974.2,
SOUTH COUNTY WATER RECLAMATION FACILITY DEEP
INJECTION WELL SURGE AND PRESSURE RELIEF SYSTEM
REHABILITATION - FOR COMPONENT UPGRADES; PART OF
THE $5-MILLION EXPENDITURE RECOMMENDED BY THE
PUBLIC UTILITIES DIVISION FOR PROJECTS PREVIOUSLY
DEFERRED DUE TO REVENUE CONSTRAINTS
Item # 16C8
A BUDGET AMENDMENT IN THE AMOUNT OF $100,000 TO
COMPLETE THE DESIGN AND PERMITTING OF THE IQ
WATER BOOSTER STATION AND TO PROVIDE
ENGINEERING SERVICES DURING ITS CONSTRUCTION,
PROJECT #74076 - CONNECTING TO THE EXISTING
BOOSTER STATION ON LIVINGSTON ROAD; PART OF THE
$5-MILLION EXPENDITURE RECOMMENDED BY THE
PUBLIC UTILITIES DIVISION FOR PROJECTS PREVIOUSLY
DEFERRED DUE TO REVENUE CONSTRAINTS
Item #16C9
A BUDGET AMENDMENT OF $93,388.00 FROM RESERVES
FOR CAPITAL TO PROJECT #73922 WASTEWATER
COLLECTIONS SCADA SYSTEM IMPROVEMENTS - FOR THE
ACQUISITION/INSTALLATION OF POWER RESTORATION
MONITORING DEVICES; PART OF THE $5-MILLION
EXPENDITURE RECOMMENDED BY THE PUBLIC UTILITIES
DIVISION FOR PROJECTS PREVIOUSLY DEFERRED DUE TO
REVENUE CONSTRAINTS
Page 116
June 9, 2009
Item #16C10
WORK ORDER UNDER CONTRACT #08-5011
"UNDERGROUND UTILITIES CONTRACTING SERVICES" IN
THE AMOUNT OF $573,362.70 TO QUALITY ENTERPRISES
USA, INC.; PROJECT #73307 AND #73972 - FOR STRUCTURAL
REPAIRS, UPGRADES AND MODIFICATIONS TO EIGHT
WASTEWATER PUMPING STATIONS WITHIN THE
WYNDEMERE AND KINGS LAKE DEVELOPMENTS
Item #16C11
A BUDGET AMENDMENT OF $500,000.00 FROM RESERVES
FOR CAPITAL TO PROJECT #70009, CROSS CONNECTION
PROGRAM - FOR THE ACQUISITION/INSTALLATION OF
BACKFLOW PREVENTION DEVICES; PART OF THE
$5-MILLION EXPENDITURE RECOMMENDED BY THE
PUBLIC UTILITIES DIVISION FOR PROJECTS PREVIOUSLY
DEFERRED DUE TO REVENUE CONSTRAINTS
Item #16C12
A BUDGET AMENDMENT OF $489,853.00 FROM RESERVES
FOR CAPITAL TO PROJECT #71010, DISTRIBUTION SYSTEM
RENEWAL AND REPLACEMENT - FOR THE REPLACEMENT
OF OBSOLETE WATER MAINS AND METERS; PART OF THE
$5-MILLION EXPENDITURE RECOMMENDED BY THE
PUBLIC UTILITIES DIVISION FOR PROJECTS PREVIOUSLY
DEFERRED DUE TO REVENUE CONSTRAINTS
Item #16C13
Page 11 7
June 9, 2009
A BUDGET AMENDMENT OF $124,435.00 FROM RESERVES
FOR CAPITAL TO PROJECT #71050, PRIMARY
TRANSMISSION SYSTEM REHABILITATION - TOP PRIORITY
WATER MAIN INTERCONNECTION PROJECTS AT THE
FOLLOWING LOCATIONS: MAGNOLIA POND, ROOST ROAD
AT FIDDLER'S CREEK AND PIPPER ROAD; PART OF THE
$5-MILLION EXPENDITURE RECOMMENDED BY THE
PUBLIC UTILITIES DIVISION FOR PROJECTS PREVIOUSLY
DEFERRED DUE TO REVENUE CONSTRAINTS
Item #16C14
PURCHASE AGREEMENT WITH RUSSELL WILLIS
HOLAWAY AND NANCY HOLAWAY FOR 2.5 ACRES FOR
THE SOLID WASTE MANAGEMENT DEPARTMENT'S
PROPOSED RESOURCE RECOVERY PARK, FOR A TOTAL
COST NOT TO EXCEED $72,000; PROJECT #59007 - FOR
PROPERTY CONTIGUOUS TO THE EXISTING LANDFILL
LOCATED EAST OF CR 951, NAPLES
Item #16C15
A BUDGET AMENDMENT OF $400,000.00 FROM RESERVES
FOR CAPITAL TO PROJECT #70010, METER RENEWAL AND
REPLACEMENT; APPROVE THE SOLE SOURCE PURCHASE
OF 3" AND ABOVE WATER METERS FROM SUNSTATE
METER & SUPPLY, INC. - FOR THE INSTALLATION OF
FORTY LARGE NEPTUNE WATER METERS; PART OF THE
$5-MILLION EXPENDITURE RECOMMENDED BY THE
PUBLIC UTILITIES DIVISION FOR PROJECTS PREVIOUSLY
DEFERRED DUE TO REVENUE CONSTRAINTS
Page 118
June 9, 2009
Item #16C16 - Moved to Item #10C (Per Agenda Change Sheet)
Item #16C17
A BUDGET AMENDMENT OF APPROXIMATELY $2,400,000
TO TRANSFER A MASTER PUMP STATION MECHANICAL
IMPROVEMENT PROJECT FROM THE WASTEWATER
CAPITAL PROJECTS FUND TO THE 2006 REVENUE BOND
PROCEEDS FUND TO SEGREGATE THE PROJECT FUNDED
BY THE 2006 REVENUE BOND - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16C18
EARLY PAY OFF OF A STATE REVOLVING FUND (SRF)
PRECONSTRUCTION LOAN IN THE AMOUNT OF
$1,162,787.08 AND APPROVE NECESSARY BUDGET
AMENDMENTS - FOR A 2003 LOAN GIVEN BY FLORIDA'S
DEPARTMENT OF ENVIRONMENTAL PROTECTION
INTENDED FOR THE NORTH EAST REGIONAL WATER
TREATMENT PLANT PROJECT THAT HAD BEEN DEFERRED
DUE TO CHANGES IN GROWTH PROJECTIONS
Item #16D1
RESOLUTION 2009-144: SUPPORTING THE CONCEPT OF A
1,600-ACRE RECREATION AREA WITHIN THE DADE-
COLLIER TRAINING AND TRANSITION AIRPORT WHICH
WOULD SUPPORT A VARIETY OF RECREATIONAL
ACTIVITIES INCLUSIVE OF OFF HIGHWAY VEHICLES (OHV)
USE AND TRAILS WITH MIAMI DADE COUNTY - LOCATED
Page 119
June 9, 2009
AT THE 48-MILE MARKER ON U.S. HIGHWAY 41
Item #16D2
AN AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF
COLLIER COUNTY FOR TRANSPORTING SCHOOL-AGE
SUMMER RECREATION PROGRAM PARTICIPANTS AT AN
ESTIMATED COST OF $50,000 - TRANSPORTING CHILDREN
TO EDUCATIONAL AND RECREATIONAL ATTRACTIONS IN
THE AREA; UNDER THE PROVISIONS OF OPTION A IN THE
AGREEMENT EFFECTIVE UNTIL AUGUST 12, 2009
Item #16D3
A BUDGET AMENDMENT IN THE AMOUNT OF $100,615 TO
ENSURE CONTINUOUS FUNDING OF THE ALZHEIMER'S
DISEASE INITIATIVE GRANT IN THE SERVICES FOR
SENIORS PROGRAM FROM THE AREA AGENCY ON AGING
AND AUTHORIZE ELIGIBLE EXPENDITURES PRIOR TO THE
EXECUTION OF THE AGREEMENT - STATE OF FLORIDA
GRANT FUNDING FOR ADUL T DAY CARE AND CASE
MANAGEMENT SERVICES FOR THE PERIOD OF JULY 1,2009
THROUGH JUNE 30, 2010
Item #16D4
A BUDGET AMENDMENT IN THE AMOUNT OF $672,993 TO
ENSURE CONTINUOUS FUNDING OF THE COMMUNITY
CARE FOR THE ELDERLY GRANT FOR THE SERVICES FOR
SENIORS PROGRAM FROM THE AREA AGENCY ON AGING
AND AUTHORIZE ELIGIBLE EXPENDITURES PRIOR TO THE
EXECUTION OF THE AGREEMENT - REQUIRING A $97,100
Page 120
June 9, 2009
LOCAL MATCH FOR A STATE OF FLORIDA GRANT
PROVIDING IN-HOME SUPPORT SERVICES FOR THE
COUNTY'S FRAIL ELDERLY FOR THE PERIOD OF JULY 1,
2009 THROUGH JUNE 30, 2010
Item #16D5
CHAIRMAN TO SIGN, SIX (6) OWNER OCCUPIED LIEN
AGREEMENTS FOR DEFERRAL OF 100% OF COLLIER
COUNTY IMPACT FEES FOR OWNER-OCCUPIED
AFFORDABLE HOUSING DWELLING UNITS LOCATED IN
COLLIER COUNTY - DEFERRING $126,616.88 FOR HOUSING
IN THE LIBERTY LANDING & TRAIL RIDGE SUBDIVISIONS
Item #16D6
CONTRACT FOR ENGINEERING, DESIGN AND PERMITTING
FOR WIGGINS PASS IMPROVEMENTS AS OUTLINED IN THE
APRIL 6, 2009 COASTAL PLANNING AND ENGINEERING
PROPOSAL FOR A TIME AND MATERIALS NOT TO EXCEED
PRICE BASIS OF $160,717 - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16D7
LIMITED USE LICENSE AGREEMENT BETWEEN THE
BOARD OF COUNTY COMMISSIONERS AND THE NAPLES
JUNIOR CHAMBER OF COMMERCE, INC. APPROVING THE
USE OF SPECIFIED COUNTY-OWNED PROPERTY FOR
CONDUCTING A JULY 4TH FIREWORKS FESTIVAL -
PROVIDING $25,000 FOR AN EVENT HELD AT SUGDEN
REGIONAL PARK
Page 121
June 9, 2009
Item #16D8
INTERLOCAL AGREEMENT WITH EVERGLADES CITY FOR
IMPROVEMENTS TO THE MCLEOD COMMUNITY PARK IN
THE AMOUNT OF $60,000 - AGREEMENT WITH PARKS AND
REC TO PURCHASE AND INSTALL NEW FENCING IN THE
P ARK AND MAKE IMPROVEMENTS TO THE PLAYGROUND
AND SKATE PARK FOR COMPLETION WITHIN FOUR YEARS
Item #16D9
FLORIDA FISH AND WILDLIFE (FWCC) GRANT FUNDING
FOR $80,000, TOGETHER WITH A $10,000 MATCH BY THE
COUNTY, TO THE UNIVERSITY OF FLORIDA FOR A BOATER
CHARACTERIZATION STUDY - TO DEVELOP PROGRAMS
AND PROVIDE SOLUTIONS FOR ISSUES IDENTIFIED IN THE
STUDY
Item #16D10
BID #09-5167 TO THE LOWEST QUALIFIED RESPONSIVE
BIDDER, BCBE CONSTRUCTION CO., INC., FOR A
CONSTRUCTION CONTRACT FOR THE SUGDEN PARK
WATER SKI & SAILING CENTER PROJECT #80007.1 IN THE
AMOUNT OF $612,539.00 - FOR THE CONSTRUCTION OF A
1,500 SQUARE FOOT SKI CENTER AND 2,500 SQUARE FOOT
SAILING CENTER
Item #16D11
AN AGREEMENT WITH THE AREA AGENCY ON AGING FOR
Page 122
June 9, 2009
SOUTHWEST FLORIDA, INC. IN THE AMOUNT OF $68,901.84
FOR FEDERAL FUNDS PROVIDED BY THE UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER
THE AMERICAN RECOVERY AND REINVESTMENT ACT OF
2009 TO BE USED TO INCREASE CONGREGATE AND HOME
DELIVERED MEALS FOR SENIORS IN THE COUNTY - FOR
AN INITIAL THREE (3) MONTHS OF PROGRAM ACTIVITIES
Item #16D12
CHANGE ORDER #1 TO WORK ORDER #C3TS-FT-4153-08-02
FOR DESIGN CONSULTANT C3TS FOR THE MANATEE PARK
PROJECT DESIGN (PROJECT #80122.1) IN THE AMOUNT OF
$50,000.00 ON A TIME & MATERIAL, NOT-TO-EXCEED BASIS
TO PROVIDE SITE DEVELOPMENT PLANS AND REQUIRED
SFWMD PERMITS; CONTRACTUAL VALUE OF SERVICES
TOTAL $243,950.00 - FINISHING THE DESIGN WORK UNDER
CONTRACT #07-4153 (APPROXIMATELY 30% COMPLETE)
AND EXTENDING THE COMPLETION DATE 540 CALENDAR
DAYS TO OCTOBER 10,2010
Item #16D13
SUMMARY OF IMPACT FEE DEFERRAL AGREEMENTS
RECOMMENDED FOR APPROVAL IN FY09, INCLUDING THE
TOTAL NUMBER OF AGREEMENTS APPROVED, TOTAL
DOLLAR AMOUNT DEFERRED AND BALANCE REMAINING
FOR ADDITIONAL DEFERRALS IN FY09 - AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16D14
Page 123
June 9, 2009
CONTRACT #09-5242 "NAPLES STATION MUSEUM PHASE
IV" TO WALL SYSTEMS INC. OF SWFL, D/B/A
PROFESSIONAL BUILDING SYSTEMS, IN THE AMOUNT OF
$98,238 TO COMPLETE THE INSTALLATION OF A FIRE
SUPPRESSION SPRINKLER SYSTEM IN THE NAPLES DEPOT
MUSEUM - LOCATED ON THE CORNER OF FIFTH AVENUE
SOUTH AND 10TH STREET
Item #16D15
A BUDGET AMENDMENT IN THE AMOUNT OF $6,191 TO
ENSURE CONTINUOUS FUNDING OF THE HOME CARE FOR
ELDERLY GRANT FOR THE SERVICES FOR SENIORS
PROGRAM FROM THE AREA AGENCY ON AGING AND
AUTHORIZE ELIGIBLE EXPENDITURES PRIOR TO THE
EXECUTION OF THE AGREEMENT - TO RECOGNIZE THE
DIRECT FUNDING PORTION GIVEN TO THE COUNTY FOR
CASE MANAGEMENT DURING THE PERIOD FROM JULY 1,
2009 THROUGH JUNE 30, 2010
Item #16E1
AFFIRM THE APPLICABILITY OF THE CURRENT
PURCHASING POLICY TO ALL COUNTY CONTRACTS - TO
CLARIFY BOARD DIRECTION AND INTENT REGARDING
POLICY THRESHOLDS AND CONTRACT AMENDMENTS
Item #16E2
BID #09-5187 "ON-CALL MECHANICAL CONTRACTOR" TO
PIPING UNLIMITED AND RETRO, INC.; CONDITIONED AIR
CORPORATION; HILL YORK CORPORATION; AND PAGE
Page 124
June 9, 2009
MECHANICAL GROUP, INC., FOR MECHANICAL
CONTRACTOR SERVICES - FOR THE MAINTENANCE,
REP AIR AND REPLACEMENT OF AIR-CONDITIONING
EQUIPMENT IN COUNTY FACILITIES FOR SERVICES THAT
AVERAGE $650,000 ANNUALLY
Item # 16E3
A BUDGET AMENDMENT TO RECOGNIZE AND
APPROPRIATE BUILDING MAINTENANCE SPECIAL
SERVICE AND OTHER BUILDING MAINTENANCE
REVENUES TOTALING $185,866.40 FOR REIMBURSEMENT
OF PERSONNEL AND OPERATING EXPENSES IN FY 2009-
FOR OTHER SERVICES NOT EXCLUSIVE TO REPAIR AND
MAINTENANCE (LOCKSMITH, SPECIAL EVENTS SET-UP,
ETC.) PERFORMED BY FACILITIES MANAGEMENT
Item #16E4
BID #09-5250, FURNITURE RELOCATION SERVICES FOR THE
NEW COLLIER COUNTY COURTHOUSE ANNEX, TO OFFICE
FURNITURE AND DESIGN CONCEPTS, INC. IN THE AMOUNT
OF $64,100.00 - FOR CLERK OF COURT DEPARTMENTS
MOVING TO THE FIRST THROUGH FOURTH FLOORS OF
THE ANNEX INCLUDING: TRAFFIC, CIVIL, CRIMINAL AND
RECORDING DEPARMENTS; CLERK'S ADMINISTRATION &
TRAINING, CASHIERING AND COLLECTIONS
Item #16E5
REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS
AND CHANGES TO WORK ORDERS TO BOARD-APPROVED
Page 125
June 9, 2009
CONTRACTS - FOR THE PERIOD APRIL 22, 2009 THROUGH
MAY 19,2009
Item #16E6 - Moved to Item #lOE (Per Agenda Change Sheet)
Item #16F1
RESOLUTION 2009-145: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2008-09
ADOPTED BUDGET
Item # 16F2
USING TOURIST TAX DOLLARS TO FUND THE TOURISM
DEP ARTMENT SUMMER MARKETING CAMPAIGN UP TO
$414,836 FROM EMERGENCY ADVERTISING FUND 196-
TARGETING IN-STATE VISITORS FOR THE PERIOD JULY 1
THROUGH SEPTEMBER 30, 2009
Item #16F3
BID #09-5217 FOR THE PURCHASE OF EMERGENCY
MEDICATIONS TO HENRY SCHEIN MATRIX MEDICAL,
KENTRON HEALTH CARE, INC., MIDWEST MEDICAL
SUPPLY COMPANY, BOUND TREE MEDICAL, LLC AND
ALLIANCE MEDICAL D/B/A ALLMED FOR THE
EMERGENCY MEDICAL SERVICES DEPARTMENT FOR AN
ESTIMATED COST FOR FY09 OF $100,000
Item #16F4
Page 126
June 9, 2009
RESOLUTION 2009-146: AMEND RESOLUTION NO. 91-185;
APPOINTING REPRESENTATIVES TO THE FLORIDA LOCAL
GOVERNMENT FINANCE COMMISSION; AND PROVIDING
AN EFFECTIVE DATE - GIVING THE COUNTY MANAGER
AUTHORITY TO DESIGNATE UP TO TWO (2) INDIVIDUALS
TO REPRESENT THE COUNTY ON THE COMMISSION
Item #16F5
EXPENSES NOT TO EXCEED $600 FOR COLLIER COUNTY TO
PROVIDE BUS SERVICE FOR CONFERENCE PARTICIPANTS
FROM OTHER COUNTIES TO TWO LOCATIONS SCHEDULED
JUNE 25, 2009, DURING THE FLORIDA ASSOCIATION OF
COUNTIES 2009 ANNUAL CONFERENCE IN COLLIER
COUNTY AT THE MARRIOTT MARCO ISLAND RESORT-
SHUTTLING DINERS FROM 7-11 PM TO MARCO ISLAND
RESTAURANTS INCLUDING: CJ'S ON THE BAY, GUY
HARVEY'S ISLAND GRILL AND TARA STEAK AND
LOBSTER HOUSE, ALL LOCATED ON SMOKEHOUSE BAY
AND TO THE SNOOK INN ON THE MARCO RIVER, MARCO
ISLAND, FLORIDA
Item #16F6
RESOLUTION 2009-147: OFFERING OF THE VOLUNTARY
SEPARATION INCENTIVE PROGRAM PURSUANT TO
COLLIER COUNTY ORDINANCE NO. 09-13, EMPOWERS THE
COUNTY MANAGER TO IMPLEMENT THE PROGRAM, AND
AUTHORIZES THE CHAIRMAN TO SIGN THE ENABLING
RESOLUTION - AS DETAILED IN THE EXECUTIVE
SUMMARY
Page 127
June 9,2009
Item #16G1
CRA RESOLUTION 2009-148: AMENDING CRA RESOLUTION
2001-98 AS IT RELATES TO THE BYLAWS OF THE
BA YSHORE/GA TEW A Y TRIANGLE LOCAL
REDEVELOPMENT ADVISORY BOARD
Item #16G2
CRA RESOLUTION 2009-149: AMENDING TERMS OF OFFICE
FOR THREE MEMBERS OF THE BAYSHORE/GATEWAY
TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD
Item #16G3
RFP #09-5184 AND PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY AND PIZZUTI SOLUTIONS, LLC,
FOR PHASE I PLANNING & PROFESSIONAL PRE-
DEVELOPMENT SERVICES FOR A MIXED USE
DEVELOPMENT ON CRA-OWNED LAND IN AN ESTIMATED
ANNUAL AMOUNT OF $527,252 - PIZZUTI SOLUTIONS, LLC
WILL SERVE AS PRIME CONSULTANT AND MANAGE THE
DEVELOPMENT TEAM DURING THE PHASE 1 PROCESS
Item #16G4
APPLICATION AND RECIPIENT AGREEMENT FOR THE
IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY
(CRA) COMMERCIAL FAC;ADE IMPROVEMENT GRANT
PROGRAM FOR REIMBURSEMENT OF $18,457 FOR B&B
CASH GROCERY STORES, INC. FOR IMPROVEMENTS TO
Page 128
June 9, 2009
THE HANDY FOOD STORE #50 LOCATED AT 417 NEW
MARKET ROAD, IMMOKALEE, FLORIDA - TO REVITALIZE
THE OVERALL APPEARANCE AND INCREASE
COMMERCIAL OCCUP ANY AND PROPERTY VALUES
WITHIN THE IMMOKALEE URBAN DESIGNATED AREA
Item #16G5
APPLICATION AND RECIPIENT AGREEMENT FOR THE
IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY
(CRA) COMMERCIAL FAC;ADE IMPROVEMENT GRANT
PROGRAM FOR REIMBURSEMENT OF $20,000 FOR B&B
CASH GROCERY STORES, INC. FOR IMPROVEMENTS TO
THE HANDY FOOD STORE #65 LOCATED AT 501 NORTH
15TH STREET, IMMOKALEE, FLORIDA - TO REVITALIZE
THE OVERALL APPEARANCE AND INCREASE
COMMERCIAL OCCUPANY AND PROPERTY VALUES
WITHIN THE IMMOKALEE URBAN DESIGNATED AREA
Item #16G6
APPLICATION AND RECIPIENT AGREEMENT FOR THE
IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY
(CRA) COMMERCIAL F AC;ADE IMPROVEMENT GRANT
PROGRAM FOR REIMBURSEMENT OF $12,222 FOR B&B
CASH GROCERY STORES, INC. FOR IMPROVEMENTS TO
THE HANDY FOOD STORE #77 LOCATED AT 1812 LAKE
TRAFFORD ROAD, IMMOKALEE, FLORIDA - TO
REVITALIZE THE OVERALL APPEARANCE AND INCREASE
COMMERCIAL OCCUPANY AND PROPERTY VALUES
WITHIN THE IMMOKALEE URBAN DESIGNATED AREA
Page 129
June 9, 2009
Item #16G7
APPLICATION AND RECIPIENT AGREEMENT FOR THE
IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY
(CRA) COMMERCIAL FAC;ADE IMPROVEMENT GRANT
PROGRAM FOR REIMBURSEMENT OF $20,000 FOR B&B
CASH GROCERY STORES, INC. FOR IMPROVEMENTS TO
THE HANDY FOOD STORE #91 LOCATED AT 820 WEST
MAIN STREET, IMMOKALEE, FLORIDA - TO REVITALIZE
THE OVERALL APPEARANCE AND INCREASE
COMMERCIAL OCCUPANY AND PROPERTY VALUES
WITHIN THE IMMOKALEE URBAN DESIGNATED AREA
Item #16G8
APPLICATION AND RECIPIENT AGREEMENT FOR THE
IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY
(CRA) COMMERCIAL FAC;ADE IMPROVEMENT GRANT
PROGRAM FOR REIMBURSEMENT OF $6,838 FOR B&B CASH
GROCERY STORES, INC. FOR IMPROVEMENTS TO THEIR
PROPERTY LOCATED AT 415 NEW MARKET ROAD,
IMMOKALEE, FLORIDA, WHICH IS CURRENTLY BEING
LEASED BY HAYDEN'S COIN LAUNDRY - TO REVITALIZE
THE OVERALL APPEARANCE AND INCREASE
COMMERCIAL OCCUP ANY AND PROPERTY VALUES
WITHIN THE IMMOKALEE URBAN DESIGNATED AREA
Item #16G9
APPLICATION AND RECIPIENT AGREEMENT FOR THE
IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY
(CRA) COMMERCIAL FAC;ADE IMPROVEMENT GRANT
Page 130
June 9, 2009
PROGRAM FOR REIMBURSEMENT OF $17,420 FOR B&B
CASH GROCERY STORES, INC. FOR IMPROVEMENTS TO
THEIR PROPERTY LOCATED AT 507 NORTH 15TH STREET,
IMMOKALEE, FLORIDA WHICH IS CURRENTLY BEING
LEASED BY ZACH'S CLOTHING STORE - TO REVITALIZE
THE OVERALL APPEARANCE AND INCREASE
COMMERCIAL OCCUPANY AND PROPERTY VALUES
WITHIN THE IMMOKALEE URBAN DESIGNATED AREA
Item #16G 10
APPLICATION AND RECIPIENT AGREEMENT FOR THE
IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY
(CRA) COMMERCIAL F AC;ADE IMPROVEMENT GRANT
PROGRAM FOR REIMBURSEMENT OF $12,866 FOR
TRIQUEST, INC. FOR IMPROVEMENTS TO THEIR
COMMERCIAL PROPERTY LOCATED AT 212 & 214 SOUTH
FIRST STREET, IMMOKALEE, FLORIDA - TO REVITALIZE
THE OVERALL APPEARANCE AND INCREASE
COMMERCIAL OCCUPANY AND PROPERTY VALUES
WITHIN THE IMMOKALEE URBAN DESIGNATED AREA
Item #16H1
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE GLORY OF THE GRAPE
WINE TASTING EVENT ON JUNE 7, 2009 AT THE MARCO
ISLAND YACHT CLUB ON MARCO ISLAND, FL. $40.00 TO BE
PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET -
LOCATED AT 1400 N. COLLIER BOULEVARD, MARCO
ISLAND, FLORIDA
Page 131
June 9, 2009
Item #16H2
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE BOATER'S NIGHT DINNER
ON JUNE 3, 2009 AT THE MARCO ISLAND YACHT CLUB ON
MARCO ISLAND, FL. $15.00 TO BE PAID FROM
COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT
1400 N. COLLIER BOULEVARD, MARCO ISLAND, FLORIDA
Item # 16H3
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE NAPLES EVENT DIVAS ON
MAY 13,2009 AT TRILOGY IN NAPLES, FL. $25.00 TO BE
PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET -
LOCATED AT 720 FIFTH AVENUE S., NAPLES, FLORIDA
Item #16H4
COMMISSIONER COLETTA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. HE ATTENDED THE ECONOMIC DEVELOPMENT
COUNCIL'S PROJECT INNOVATION NEIGHBORHOOD
AMERICA PRESENTATION ON JUNE 4,2009; $10.00 TO BE
PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET
- HELD AT 221 0 VANDERBILT BEACH ROAD, NAPLES,
FLORIDA
Item #1611
Page 132
June 9, 2009
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
ACTION AS DIRECTED
The following miscellaneous correspondence, as presented by the
Board of County Commissioners, has been directed to the various
departments as indicated:
Page 133
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
June 9, 2009
I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
1 ) Affordable Housing Commission:
Minutes of April 6, 2009.
2) Collier County Coastal Advisory Committee:
Minutes of April 9, 2009.
3) Collier County Planning Commission:
Minutes of March 19,2009; April 2, 2009.
4) Development Services Advisory Committee:
Minutes of April I, 2009.
5) Golden Gate Community Center Advisory Committee:
Agenda of April 6, 2009.
Minutes of April 6, 2009.
6) Habitat Conservation Plan Ad Hoc Committee:
Minutes of March 17, 2009.
7) Ochopee Fire Control District Advisory Committee:
Minutes of March 9, 2009.
8) Pelican Bay Services Division Board:
Agenda of May 6, 2009; May 13,2009 joint wi Foundation
Landscape Subcommittee.
Minutes of April I, 2009.
A. Budget Committee:
Agenda of April I, 2009; April 27, 2009; May 11,2009.
Minutes of March 23,2009.
B. Management Review Committee:
Agenda of April 21, 2009.
9) Utility Authority (Water and Wastewater Authority):
Minutes of March 23,2009.
June 9, 2009
Item #16J1
DISBURSEMENTS FOR THE PERIOD OF MAY 16, 2009
THROUGH MAY 22, 2009 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item # 16J2
DISBURSEMENTS FOR THE PERIOD OF MAY 23, 2009
THROUGH MAY 29, 2009 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item # 16J3
PRESENT TO THE BOARD OF COUNTY COMMISSIONERS
THE STATE REVENUE SHARING APPLICATION FOR FISCAL
YEAR 2009-2010 AND TO OBTAIN APPROVAL FOR THE
CHAIRMAN TO SIGN THE APPLICATION - ENABLING THE
COUNTY TO CONTINUE TO RECEIVE FUNDS UNDER THE
STATE REVENUE SHARING ACT
Item #16J4
YEAR THREE OF CONTRACT #07-4152, "AUDITING
SERVICES FOR COLLIER COUNTY", WITH ERNST AND
YOUNG LLP, IN THE AMOUNT OF $639,400 AND AUTHORIZE
EXECUTION OF AN OFFICIAL ENGAGEMENT LETTER AND
BUDGET AMENDMENT FOR AUDIT SERVICES - FUNDS OF
$78,550 REMAIN AS UNSPENT FROM THE FY08 AUDIT, THE
REQUEST IS REDUCED TO $560,850 FOR THE AUDIT OF UP
TO SIX MAJOR GRANT PROGRAMS
Page 134
June 9, 2009
Item #16K1
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$13,600 FOR PARCEL 156RDUE IN THE LAWSUIT STYLED
COLLIER COUNTY V. MICHAEL J. CROUCH, ET AL., CASE
NO. 07-3691-CA (OIL WELL ROAD PROJECT #60044) (FISCAL
IMPACT: NONE) - FOR A .052 ACRE PARCEL FOR A NON-
EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND
UTILITY EASEMENT
Item #16K2
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$600,000 FOR PARCEL 133 IN THE LAWSUIT STYLED
COLLIER COUNTY V. WEST COAST DEVELOPMENT
CORPORATION OF NAPLES, INC., ET AL., CASE NO. 06-0708-
CA (SANTA BARBARA BOULEVARD PROJECT #62081)
(FISCAL IMPACT: $397,700.00) - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item#17A
RESOLUTION 2009-150: CU-2003-AR-3725: CLOSE UP
CREATURES, INC., IN REFERENCE TO NGALA,
REPRESENTED BY ROBERT 1. MULHERE, AICP OF RW A,
INC. AND RICHARD D. YOV ANOVICH, ESQUIRE, OF
GOODLETTE, COLEMAN, JOHNSON, YOV ANOVICH &
KOESTER, P.A., IS REQUESTING CONDITIONAL USES
PURSUANT TO THE LAND DEVELOPMENT CODE SECTION
2.03.01.A.1.C. THE CONDITIONAL USES BEING REQUESTED
ARE AS FOLLOWS: NUMBER 5, TO ALLOW AQUACULTURE
FOR NON-NATIVE OR EXOTIC SPECIES SUBJECT TO
Page 135
June 9, 2009
FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION PERMITS; NUMBER 23, TO ALLOW A
CULTURAL, ECOLOGICAL OR RECREATIONAL FACILITY;
AND NUMBER 25, COMMERCIAL PRODUCTION, RAISING
OR BREEDING OF EXOTIC ANIMALS. THE SUBJECT
PROPERTY WHICH HAS A RURAL AGRICULTURE ZONING
DISTRICT DESIGNATION AND CONSISTS OF 21:1: ACRES, IS
LOCATED ON INEZ ROAD S.W., AT THE NORTHWESTERN
CORNER OF THE INTERSECTION OF INEZ ROAD AND
KEARNEY AVENUE, APPROXIMATELY Y4 MILE SOUTH OF
KEENE AVENUE, IN SECTION 30, TOWNSHIP 49 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA
Item #17B
ORDINANCE 2009-34: PUDA-2008-AR-13801: WILLIAM L.
HOOVER, PRESIDENT OF CATALINA LAND GROUP, INC.,
THE MANAGER OF WOLF CREEK ESTATES LLC AND
BUCKSTONE ESTATES LLC; AND LARRY MAYER ABBO,
VICE PRESIDENT OF PRIME HOMES AT PORTOFINO FALLS,
LTD., ALL OF WHICH ARE REPRESENTED BY WILLIAM L.
HOOVER, AICP OF HOOVER PLANNING AND
DEVELOPMENT, INC. AND RICHARD YOV ANOVICH, OF
GOODLETTE, COLEMAN ET AL AND JOSH FRUTH OF
DAVIDSON ENGINEERING, INC. ARE REQUESTING A PUD
AMENDMENT FOR THE WOLF CREEK RPUD TO REVISE
TRAFFIC STIPULATIONS. THE APPLICANT IS PROPOSING
TO CHANGE SECTION 5.7, PARAGRAPH N AND PARAGRAPH
o OF THE RPUD DOCUMENT. SUBJECT PROPERTY IS
LOCATED ON 167.96:1: ACRES IN SECTION 34, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
Page 136
June 9, 2009
Item #17C
RESOLUTION 2009-151: SE-2009-AR-14297: AMENDING
RESOLUTION 08-373 (KOVAC CONDITIONAL USE) TO
CORRECT A SCRIVENER'S ERROR RESULTING FROM THE
INCLUSION OF AN INCORRECT LEGAL DESCRIPTION IN
EXHIBIT B. THE SUBJECT PROPERTY IS LOCATED AT 1995
ELSA STREET, IN SECTION 11, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA
Item #17D
RESOLUTION 2009-152: PE-2008-AR-14071: SANDBANKS LLC,
REPRESENTED BY MICHAEL R. FERNANDEZ, AICP OF
PLANNING DEVELOPMENT INCORPORATED IS
REQUESTING A PARKING EXEMPTION PURSUANT TO
LAND DEVELOPMENT CODE SUBSECTION 4.05.02.K, TO
ALLOW 63 PARKING SPACES OF A PROPOSED 195-SPACE
PARKING LOT TO BE PLACED OFF-SITE ON PROPERTY
WITH A RESIDENTIAL SINGLE-FAMILY (RSF-4) ZONING
DESIGNATION. THE PROPOSED OFF-SITE PARKING LOT
WOULD SERVE THE MIDTOWN POINT COMMERCIAL
DEVELOPMENT LOCATED ON THE EAST SIDE OF US-41
NORTH AND THE NORTH SIDE OF ROSEMARY LANE, IN
SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA
Item #17E
ORDINANCE 2009-35: AMENDING ORDINANCE NO. 2009-29,
COLLIER COUNTY'S PLANNING COMMISSION ORDINANCE,
BY REQUIRING THAT CANDIDATES FOR THE PLANNING
Page 137
June 9, 2009
COMMISSION BE NOMINATED BY THE COMMISSIONER OF
THE DISTRICT IN WHICH THE CANDIDATE RESIDES FOR
BOTH INITIAL AND SUBSEQUENT TERMS AND
ELIMINATING TERM LIMITS
Item #17F - Moved to Item #8A During Agenda Changes (Per
Commissioner Fiala during agenda changes)
Page 138
June 9, 2009
*******
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:32 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
4~d~
DONNA FIALA, Chairman
ATTEST:
DWIGHT E.BROCK, CLERK
~~ ..te
.t....... ell.
These minutes approved by the Board on I~ "'1 ' as presented
~ or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 139