BCC Minutes 09/15/2009 R
September 15, 2009
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, September 15, 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 Coyle
Jim Coletta
Frank Halas
Tom Henning
ALSO PRESENT:
Jim Mudd, County Manager
Leo Ochs, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Dwight E. Brock, Clerk of Court
Sue Filson, BCC Executive Manager
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
Septem ber 15, 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."
September 15,2009
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 IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
B. July 27, 2009 - Value Adjustment Board Meeting
C. July 28, 2009 - BCClRegular Meeting
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards:
1) 10 Years - Maurice Gutierrez, Bayshore Beautification MSTU
Advisory Committee
September 15, 2009
Page 2
4. PROCLAMATIONS
A. Proclamation congratulating Aggie and Marius Krolczynski on the birth of
their son Ethan Gregory who was delivered at the Big Corkscrew Fire
Station by members of EMS and the Fire Service, who are also honored here
today. To be accepted by Aggie and Marius Krolczynski and representatives
of Collier County EMS and Big Cypress Fire Department.
B. Proclamation designating September 15,2009 as the Partner Day for the
2010 Census, demonstrating Collier County's commitment to this important
process. To be accepted by Marcela Rice, Partnership Specialist, U.S.
Census Bureau.
C. Proclamation designating September 26,2009 as Naples News Media Group
Day. To be accepted by Naples News Media Group Management.
5. PRESENTATIONS
A. Recommendation to recognize Russell Greer, Laboratory Technician, Water
Department, as Employee of the Month for August 2009.
B. A presentation to the North Naples Firefighters Union to recognize their
contribution of $5,000 for the Freedom Memorial, and a presentation to
Physicians Regional Healthcare System to recognize their contribution of
$5,000 for the Freedom Memorial. Presentations by Commissioner Coyle.
C. Presented by Florida Department of Transportation (FDOT) to David
Buchheit, Chairman of the CTST (Community Traffic Safety Team). Collier
County's Community Traffic Safety Team was awarded third place honors
out of 52 community traffic safety teams from across the state during the
2009 Florida Law Enforcement Challenge awards ceremony on July 31,
2009. FDOT Community Traffic Safety Team Coordinator Debra Stallings
will present the award today to Chairman, David Buchheit, Vice Chairman,
Charles Benson and Secretary/Coordinator Nancy Frye.
6. PUBLIC PETITIONS
September 15, 2009
Page 3
A. Public petition request by Jim Gaitens to discuss beer sales at Sugden Park
for the Naples International Festival.
B. Public petition request by Janet Nebus to discuss LDC requirements for
travel trailer-recreational vehicle campgrounds.
C. This item to be heard at 2:30 p.m. Public petition request by Chief Doug
Dyer to discuss allegations made against East Naples Fire Control and
Rescue District by Dr. Robert Tober. (Time certain requested by
Commissioner Coletta)
D. This item to be heard immediatelv followinf! Item #6C at 2:30 p.m.
Public petition request by Commissioner Thomas Cannon to discuss a
workshop between the East Naples Fire Control and Rescue District
Commissioners and the Board of County Commissioners to renegotiate the
"Interlocal Agreement Advanced Life Support Partnership." (Time certain
requested by Commissioner Coletta)
E. Public petition request by Marcia Cravens to request that the Board of
County Commissioners reconsider and reverse its action taken on Agenda
Item 10D on June 23, 2009.
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item requires that all participants be sworn in and ex-parte
disclosure be provided bv Commission members. PUDZ-2008-AR-
14091, LCS-Westminster Naples LLC, represented by Robert Duane, AICP
of Hole Montes and Richard D. Yovanovich, Esq., of Goodlette, Coleman,
Johnson, Yovanovich and Koester, is requesting a Rezone from the Orange
Blossom Gardens Planned Unit Development (PUD), the Oak Grove PUD,
and the Agricultural (A) zoning districts to the Commercial Planned Unit
Development (CPUD) for a 764,524 square-foot continuing care retirement
community (CCRC) to be known as the Siena Lakes CCRC CPUD. The
September 15,2009
Page 4
approximately 29.25-acre subject property is located in Section 1, Township
49 S, Range 25 E, Collier County, Florida. (Companion item to PUDA-
2008-AR-14090 and PUDA-2008-AR-14092).CTS
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDA-2008-AR-14090
LCS-Westminster Naples LLC, represented by Robert Duane, AICP, of
Hole Montes, Inc. and Richard D. Yovanovich, Esq., ofGoodlette, Coleman,
Johnson, Yovanovich and Koester, is requesting an amendment to the Oak
Grove PUD (Ordinance No. 98-71) to delete approximately 6.13 acres. The
subject property is located in Section 1, Township 49 South, Range 25 East,
Collier County, Florida (This is a companion item to PUDZ-2008-AR-1409l
and PUDA-2008-AR-14092). CTS
C. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDA-2008-AR-14092
(JDM) LCS Development LLC, represented by Robert Duane, AICP, of
Hole Montes, Inc. and Richard D. Y ovanovich, Esq., of Goodlette, Coleman,
Johnson, Yovanovich and Koester, is requesting an amendment to the
Orange Blossom Gardens PUD (Ordinance No. 92-75) to delete
approximately 5.85 acres. The subject property is located in Section 1,
Township 49 South, Range 25 East, Collier County, Florida (Companion
item to PUDZ-2008-AR-1409l and PUDA-2008-AR-14090). CTS
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Board of Building Adjustments and
Appeals.
B. Appointment of member to the Immokalee Enterprise Zone Development
Agency.
C. Appointment of members to the Affordable Housing Advisory Committee.
D. Appointment of member to the Pelican Bay Services Division Board.
September 15,2009
Page 5
E. Recommendation that the Board of County Commissioners establish a
consistent policy concerning the leasing of County property to not-for-profit
organizations. (Commissioner Coyle's request)
F. Appointment of members to the Collier County Airport Authority.
G. Appointment of member to the Parks and Recreation Advisory Board.
H. Appointment of members to the Collier County Planning Commission.
10. COUNTY MANAGER'S REPORT
A. Request approval that the Board of County Commissioners consider
including the changes to the Growth Management Plan RLSA Overlay of the
Future Land Use Element with the Evaluation and Appraisal Report Growth
Management Plan Amendment process beginning in 2012 or in the
alternative holding a special Growth Management Plan Amendment Cycle in
2011 to address priority amendments as identified by the Five- Year Review
of the Rural Lands Stewardship Program report pursuant to the Special
Meeting of the Board of County Commissioners held on April 21, 2009.
(Thomas Greenwood, Principal Planner, Comprehensive Planning, CDES)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard at 12:00 noon. Notice is hereby given that pursuant
to Section 286.011 (8), Fla. Stat., the County Attorney desires advice from
the Board of County Commissioners in closed attorney-client session on
TUESDAY, SEPTEMBER 15,2009, at a time certain of 12:00 noon in the
Commission conference room, 3rd Floor, W. Harmon Turner Building,
Collier County Government Center, 3301 East Tamiami Trail, Naples,
Florida. In addition to Board members, County Manager James Mudd or Leo
Ochs, Deputy County Manager, County Attorney Jeffrey A. Klatzkow, and
Assistant County Attorney Steven T. Williams will be in attendance. The
Board in executive session will discuss: Settlement negotiations in the
pending litigation cases of Craig Grider and Amber Grider v. Collier
September 15, 2009
Page 6
County, Case No. 08-7794-CA and Craig Grider and Amber Grider v.
Collier County, Case No. 09-3 1 64-CA, both which are now pending in the
Twentieth Judicial Circuit in and for Collier County, Florida.
B. This item to be heard at 1 :00 p.m. For the Board of County
Commissioners to provide direction to the County Attorney regarding
strategy related to settlement negotiations in the pending litigation cases of
Craig Grider and Amber Grider v. Collier County, Case No. 08-7794-CA
and Craig Grider and Amber Grider v. Collier County, Case No. 09-3164-
CA, both which are now pending in the Twentieth Judicial Circuit in and for
Collier County, Florida.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. This item to be heard immediately followinf! Item #12B at 1 :00 p.m.
Recommendation that the Collier County Board of County Commissioners
approves and authorizes its Chairman to execute the attached twenty-five
(25) year sub-lease agreement with the Department of Military Affairs
Armory Board Florida Army National Guard (National Guard) for 26.41
acres at the Immokalee Regional Airport for the construction of the Collier
County Readiness Center. The imputed rent for this sub-lease agreement will
be deducted from the debt the Airport Authority owes the County. (Theresa
Cook, Airport Authority)
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
September 15,2009
Page 7
1) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearint! be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Casthely Place.
2) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearint! be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Tract 102, Golden Gate Estates
Unit No.9 Replat.
3) Recommendation to grant final approval of the roadway (public) and
drainage improvements for the final plat of Grand Lely Drive Phase
Two with the roadway and drainage improvements within the right of
way being maintained by Collier County.
4) Recommendation to grant final approval of the roadway (public) and
drainage improvements for the final plat of Grand Lely Drive and
Lely Cultural Parkway with the roadway and drainage improvements
within the right of way being maintained by Collier County.
5) To provide to the Board of County Commissioners (Board)
information regarding the requirement as specified in the 2007 Florida
Building Code to obtain a building permit when replacing a water
heater, and to inform the Board of the final decision rendered by the
Florida Building Commission on this matter.
6) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to approve
for recording the final plat of McEndrees Place.
7) Recommendation to approve final acceptance of the water utility
facility for KD2 Car Wash.
September 15,2009
Page 8
8) Recommendation to approve final acceptance of the water utility
facility for Mission Hills Shopping Center.
9) Recommendation to approve the Release and Satisfactions of Lien for
payments received for the following Code Enforcement actions.
10) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat ofWaterpark Place at Pelican
Bay with the roadway and drainage improvements being privately
maintained.
11) Recommendation to approve a clarification to the Community
Development and Environmental Services (CDES) Fee Schedule
concerning fee assessments for Lien Search Requests and Payoff
Requests.
12) Recommendation that the Board of County Commissioners ("BCC")
authorizes the Community Development and Environmental Services
Division Administrator to refund the Construction Inspection Fee
portion in the amount of$10,867.39, of the Review and Inspection
Fees that were paid for the project known as AR-7953, Pine Ridge
Corners.
B. TRANSPORTATION SERVICES
1) Recommendation to reject all bids received under Bid #09-5231
Surfacing & Maintenance of Lime Rock Roads.
2) Recommendation for the Board of County Commissioners to approve
the FY2006 5309 Federal Transit Administration (FT A) grant award
in the amount of $226,710 for the purchase and installation of a fuel
tank at the existing Collier Area Transit (CAT) facility and approve a
budget amendment to recognize and use these funds.
3) Recommendation for the Board of County Commissioners to approve
the FY2008 5309 Federal Transit Administration (FT A) grant award
in the amount of $259,000 for the purchase and installation of
September 15,2009
Page 9
generators at the existing and future CAT transfer facilities and
approve a budget amendment to recognize these funds.
4) Recommendation to adopt a resolution authorizing the acquisition by
gift or purchase of land and easements necessary for the construction
of roadway, drainage and utility improvements required for the
extension of Vale wood Drive from Immokalee Road to Autumn Oaks
Lane. (Northbrooke Drive/Valewood Drive Extension Phase 1,
Project No. 60106.) Estimated fiscal impact: $875,000.00.
5) Recommendation to approve an Easement Agreement for the
acquisition of a perpetual road right-of-way drainage and utility
easement which is required for Phase II of the Santa Barbara
Boulevard project. (Project No. 62081) Estimated Fiscal Impact:
$32,250.
6) To obtain Board of County Commissioners approval of an Agreement
to purchase a sixty foot (60) Road Right-of-Way Drainage and Utility
Easement (ROUE) to the County, that is required for the Collier
Boulevard Project (Project No. 68056). ($54,619.50)
7) Recommendation to quitclaim to Daniel J. Griffin a 30 foot strip of
property that was originally quitclaimed to Collier County for road
right-of-way by Griffins predecessor in title. (Fiscal Impact: $0)
8) To obtain Board of County Commissioners approval of an Agreement
to purchase a sixty foot (60) Road Right-of-Way Drainage and Utility
Easement (ROUE) to the County, that is required for the Collier
Boulevard Project. (Project No. 68056). ($30,625)
9) Recommendation to approve an agreement for the acquisition of
approximately 3.19 acres of property, and to accept a quitclaim deed
for any interest held in a contiguous parcel of land containing
approximately 3.49 acres from the Moon Lake Homeowners
Association, Inc., to provide for construction of the Greenway Project.
(Project No. 60087.1) (Fiscal Impact: $34,950.00)
September 15,2009
Page 10
10) Recommendation to approve a Drainage Easement Agreement for the
acquisition of a perpetual drainage easement which is required for
Collier Boulevard Project #60001. Estimated Fiscal Impact:
$18,050.00
11) Recommendation to approve a budget amendment in the amount of
$20,729.39 for Traffic Accident Reimbursements, Project #60076.1,
and to recognize revenues for future repairs.
12) Recommendation for the Board of County Commissioners to approve
a new Agreement between McDonald Transit Associates, Inc. and
Collier County, which specifies certain performance and reporting
terms and conditions for consolidated management for the Collier
Area Transit Fixed Route and Paratransit Systems.
13) Recommendation that the Board of County Commissioners approves a
Budget Amendment recognizing an additional $694,284.00 in State
Public Transit Block Grant funding for Fiscal Year 2009/2010.
14) Recommendation to approve a budget amendment to transfer funds
from Project No. 60064 TCMA to Project No. 60083 in the amount of
$23,900.00 for the construction of a Collier Area Transit Bus Shelter.
15) Recommendation that the Board of County Commissioners accepts a
drainage, access and maintenance easement from the District School
Board of Collier County and pay fifty percent (500/0) of the cost to
relocate a section of chainlink fence in the amount of $6,000.00.
16) Recommendation to approve an extension of time for staff to review
and assess alternative administration for the Collier County Airport
Authority.
17) Recommendation for the Board of County Commissioners to approve
a budget amendment to recognize revenue for projects within the
Transportation Supported Gas Tax Fund (313) in the amount of
$14,481.74.
September 15,2009
Page 11
18) Recommendation to award Bid #09-5244 Radio Road Landscape &
Irrigation Project Phases IIB & IA to Hannula Landscape & Irrigation,
Inc. in the amount of$172,810.70.
19) Recommendations to waive the formal competitive requirement of the
County's Purchasing Policy and authorize the purchase of a 750 KW
generator in the amount of $75,000 from Metro Power Systems, Inc.
for the Collier Area Transit (CAT) Headquarters building located at
8300 Radio Road.
20) Recommendation to approve a coordination agreement between
Collier County, as Community Transportation Coordinator (CTC),
and Eden Institute, Inc. for the provision of community transportation
services to transportation disadvantaged clients.
21) Recommendation to approve a Resolution authorizing implementation
of a school zone speed limit reduction to 20 MPH during school
arrival and dismissal hours as indicated by flashing beacons on
westbound Lely Cultural Drive at a cost of approximately $13,000
22) Recommendation to award a work order, under contract 09-5197, to
pave Shell Island Road, to Better Roads, Inc. for $264,656.30 plus a
ten percent contingency ($26,465.63) for a total amount of
$291,121.93. The funding will be one hundred percent (1000/0)
reimbursed by the Florida Department of Environmental Protection
(FDEP).
23) Recommendation that the Board of County Commissioners approves
the submittal of grant applications for Transportation Investment
Generating Economic Recovery (TIGER) program from the U.S.
Department of Transportation (DOT) for projects funded by the
American Recovery and Reinvestment Act (ARRA) of 2009 and
recognize responsibility for the additional transparency, accountability
and reporting compliance requirements of these funds.
C. PUBLIC UTILITIES
September 15,2009
Page 12
1) Recommendation to award Bid Number 09-5291 titled South County
Water Reclamation Facility Upgrades to the Deep Injection Well
Surge and Pressure Relief System in the amount of $172,529.35 to BJ
Enterprises, Inc., Project #73974.2.
2) Recommendation to approve and authorize the Chairman to sign a
Florida Department of Environmental Protection Innovative
Recycling and Waste Reduction Grant application in the amount of
$271,900 to fund the Implementing Multi-Family Community
Recycling Ordinance program.
3) Recommendation that the Board of County Commissioners, Ex-
Officio, the Governing Board of the Collier County Water-Sewer
District (Board), accept the Alternative Impact Fee Calculation
submitted by the Sembler Company and authorize a refund of water
and sewer impact fees in the amount of$47,702.73 to the property
owner and approve any necessary budget amendments that may be
required associated with the reimbursement.
4) Recommendation that the Board of County Commissioners, Ex-
Officio, the Governing Board of the Collier County Water-Sewer
District (Board), approve an impact fee reimbursement for Centex
totaling $56,560 for an adjustment of water and sewer impact fees and
approve any necessary budget amendments that may be required
associated with the reimbursement.
5) Recommendation to approve budget amendments of approximately
$2,500,000.00 to transfer projects from various water and wastewater
capital projects funds to a 2006 Revenue Bond Proceeds Fund to
segregate the projects funded by the 2006 Revenue Bond.
D. PUBLIC SERVICES
1) Recommendation to approve Collier Countys Community
Development Block Grant (CDBG), HOME Investment Partnership
(HOME) and Emergency Shelter Grant (ESG) Consolidated Annual
Performance and Evaluation Report (CAPER) for Fiscal Year 2008-
September 15, 2009
Page 13
2009 as required by the U.S. Department of Housing and Urban
Development (HUD), approve the CAPER Resolution, and authorize
the Chairman of the Board of County Commissioners to certify the
CAPER for submission to HUD and sign the attached resolution.
2) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign a Resolution amending the State
Housing Initiative Partnership program Local Housing Assistance
Plan for Fiscal Years 2007-2008, 2008-2009, and 2009-2010 to
implement the Florida Homebuyer Opportunity Program.
3) Recommendation to award contracts for RFP 09-5248, General
Contractors for Rehabilitation of Residential Structures for the
Neighborhood Stabilization Program, to various firms for activities
funded through the U.S. Department of Housing and Urban
Development Neighborhood Stabilization Program.
4) Recommendation to award contracts for RFP 09-5266, Lawn Care
Maintenance for the Neighborhood Stabilization Program, to various
firms for activities funded through the U.S. Department of Housing
and Urban Development Neighborhood Stabilization Program.
5) Recommendation to approve a budget amendment in the amount of
$285,797 to fund payment to the City of Naples under the Interlocal
Agreement for Reciprocal Beach Parking for FY 08 and FY09
6) Recommendation for the Board of County Commissioners to approve
an agreement with the District School Board of Collier County for
transporting school-age recreation program participants.
7) Recommendation for the Board of County Commissioners to accept
the Library Long Range and Technology Plans and the current year
Action Plan and authorize the Chairman to sign the FY 2009-2010
State Aid to Libraries Grant Application permitting the Collier County
Public Library to apply for State Aid to Libraries.
September 15,2009
Page 14
8) Recommendation to approve and adopt the name MarGood Harbor
Park for the proposed park in Goodland
9) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign twelve (12) Subrecipient
Agreements for CDBG, ESG, and HOME projects previously
approved for HUD funding in the 2009-2010 Action Plan.
10) Recommendation that the Board of County Commissioners awards
Bid #09-5282 with the estimated expenditures of$75,017 to Fence
Design by Arc Tech Construction, for the fence repairs at seven park
sites.
11) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, an Agreement providing for a
$50,000 State Housing Initiative Partnership (SHIP) grant to
Immokalee Helping Our People in Emergencies, Inc. (IHOPE) for the
acquisition and/or rehabilitation and relocation of the manufactured
dwelling unit located in Sugden Park to benefit one household earning
less than 80% of the Area Median Income.
12) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign an amendment between Collier
County Board of County Commissioners and the Area Agency on
Aging for Southwest Florida, Inc. to reflect additional grant funding in
the amount of$699.34 for the Nutritional Services Incentive Program
(NSIP).
13) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a Department of Housing and
Urban Development (HUD) Community Development Block Grant-
Recovery (CDBG-R) agreement in the amount of$63l,283.00 and
approves the associated budget amendment recognizing the funding
associated with this award.
14) Recommendation for the Board of County Commissioners to approve
carry- forward co-payment revenues and expands the authorized use of
September 15,2009
Page 15
the funding to include temporary rental assistance for those displaced
by Chinese Drywall from the collection of co-payments from the
Social Services Program.
15) Recommendation for the Board of County Commissioners to accept
the Jo Saylors sculpture Willow Whistle, that was donated to the
Marco Island Branch Library by The Marco Island Foundation for the
Arts and sign the Condition of Transfer document.
16) Recommendation to award bid #09-5265 to Cheney Brothers Food,
Inc. to provide concession food resale at North Collier Regional Park
at an estimated cost of $ 100,000 for FY 09 and FY 10.
17) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, an Amendment # 1 to Project
Number FL14B70-6001 Continuum of Care (CoC) Supportive
Housing Program (SHP) Subrecipient Agreement with the Shelter for
Abused Women & Children (SA WCC) for Supportive Services and
Operating Costs of the Shelter.
18) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign an amendment to the ARRA
203.09 agreement with the Area Agency on Aging for Southwest
Florida, Inc. and recognizes additional ARRA funds in the amount of
$51,609.96. 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.
19) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign seven (7) Homelessness
Prevention and Rapid Re-Housing (HPRP) subrecipient grant
agreements providing funds to stabilize Collier County citizens who
are at risk of homelessness and re-house those who are currently
experiencing homelessness.
September 15,2009
Page 16
20) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign the U.S. Department of Housing
and Urban Development (HUD) entitlement funding agreements for
Community Development Block Grant (CDBG), HOME Investment
Partnerships (HOME), and Emergency Shelter Grant (ESG) funds for
FY 2009-2010.
21) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a Resolution amending the State
Housing Initiative Partnership (SHIP) program 2004-2007 Local
Housing Assistance Plan (LHAP) to increase the maximum award for
owner-occupied rehabilitation and authorize an amendment to
Ordinance 94-39, as amended, relating to the Residential
Rehabilitation Program.
22) Recommendation to award a contract for RFP #09-5248, General
Contractors for Rehabilitation of Residential Structures for the
Neighborhood Stabilization Program, to Inspired Woodworking for
activities funded through the U.S. Department of Housing and Urban
Development Neighborhood Stabilization Program.
E. ADMINISTRATIVE SERVICES
1) Report and ratify Property, Casualty, Workers Compensation and
Subrogation Claims settled and/or closed by the Risk Management
Director pursuant to Resolution #2004-15 for the third quarter of FY
09.
2) Recommendation that the Board of County Commissioners rejects
Request for Proposal (RFP) #09-5226, Architectural/Engineering
Services for the Collier County Government Center in an effort to
rebid and streamline all architectural services into one county-wide
contract for all departments.
3) Recommendation to award Bid #09-5216 Annual Contract for
Painters and contracts to Royal Crest Companies, Inc. d/b/a Royal
September 15,2009
Page 17
Crest Buildings and Spectrum Contracting, Inc. for painting services.
(Estimated annual cost: $80,000)
4) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
5) Recommendation to adopt a resolution approving the 2010 Fiscal
Year Pay and Classification Plan and to continue authorizing the
creation of new classifications, modification and/or deletion of
classifications and assignment of pay ranges from the proposed 2010
Fiscal Year Pay and Classification Plan, using the existing Archer
point-factor job evaluation system, subject to a quarterly report to the
Board of County Commissioners.
6) Recommendation to approve an Amendment to Agreement for Sale
and Purchase ( Amendment) for 1.14 acres under the Conservation
Collier Land Acquisition Program at no additional cost to the County
with Richard F. Berman to purchase 1.14 acres for $18,060 for
Conservation Collier.
7) Recommendation to approve an Amendment to Agreement for Sale
and Purchase ( Amendment) for 1.14 acres under the Conservation
Collier Land Acquisition Program at no additional cost to the County,
Richard F. Berman, as to 50%, and Frank J. Celsnak and Marlene J.
Celsnak, as Trustees.
8) Recommendation to execute a long term Agreement between Collier
County and the Board of Supervisors of the Lely Community
Development District to supply irrigation quality water to the
combined site of the Emergency Services Center and the South
Regional Library at an annual cost to the County of approximately
$4,235.00; and to authorize the Chairman to sign the Agreement.
9) Recommendation to gain approval for a Budget Amendment to
recognize and appropriate Building Maintenance Special Service and
other Building Maintenance revenues totaling $108,965.01 for
reimbursement of operating expenses in Fiscal Year 2009.
September 15,2009
Page 18
F. COUNTY MANAGER
1) Board ratification of Summary, Consent and Emergency Agenda
Items approved by the County Manager during the Board's scheduled
recess. (In Absentia Meeting dated August 25, 2009.)
2) Recommend that the Board of County Commissioners approves of the
award of RFP #09-5183 and agreement between Collier County and
Miles Media Group, LLLP for Website Development for the Collier
County Tourism Department in an estimated annual amount of
$100,000 and authorizes the Chairman to sign the agreement.
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2008-09 Adopted Budget.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation for the CRA Board to approve an after-the-fact
submission of the Florida Marlins Community Foundation Grant in
the amount of $2,000 to assist in costs associated with the "Inaugural
Bayshore Cultural Festival of the Arts."
2) Recommendation to the Community Redevelopment Agency (CRA)
to approve Local Advisory Board members and CRA staff attendance
at the Florida Redevelopment Association 2009 Annual Conference;
authorize payment of attendees registration, lodging, travel and per
diem from the Immokalee CRA Trust Fund (Fund 186) travel budget;
and declare the training received as serving a valid public purpose.
3) Recommendation that the Collier County Board of County
Commissioners accepts funds from the Federal Emergency
Management Agency (FEMA) in the amount of $64,907.44 for the
reconstruction of the T-hangars at Everglades Airpark.
September 15, 2009
Page 19
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation designating September 28,2009 as Family Day - A Day
to Eat Dinner with Your Children. To be mailed to Dana Sheck at The
National Center on Addiction and Substance Abuse, Columbia
University.
2) Commissioner Coyle request for Board approval for payment to
attend function serving a valid public purpose. Commissioner Coyle
traveled to Bangor, Maine for the purpose of informational meetings
with Jackson Lab staff and educational tours of their facility. $36.55
to be paid from Commissioner Coyle's travel budget.
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Friends of the Library Red, White, & Roulette event
on November 6, 2009 at the Naples Italian American Club in Naples,
FL. $25.00 to be paid from Commissioner Fiala's travel budget.
4) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Bridge Recognition Dinner Cruise on September 3, 2009
at Erin's Isle on Marco Island, FL. $30.00 to be paid from
Commissioner Fiala's travel budget.
5) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the 9/11 Remembrance Luncheon on September 11, 2009 at
Marco Beach Resort and Spa on Marco Island, FL. $30.00 to be paid
from Commissioner Fiala's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
September 15,2009
Page 20
1) To obtain Board approval for disbursements for the period of July 18,
2009 through July 24, 2009 and for submission into the official
records of the Board.
2) To obtain Board approval for disbursements for the period of July 25,
2009 through July 31, 2009 and for submission into the official
records of the Board.
3) To obtain Board approval for disbursements for the period of August
1, 2009 through August 7, 2009 and for submission into the official
records of the Board.
4) To obtain Board approval for disbursements for the period of August
8, 2009 through August 14, 2009 and for submission into the official
records of the Board.
5) To obtain Board approval for disbursements for the period of August
15, 2009 through August 21, 2009 and for submission into the official
records of the Board.
6) To obtain Board approval for disbursements for the period of August
22, 2009 through August 28, 2009 and for submission into the official
records of the Board.
7) Recommendation that the Collier County Board of County
Commissioners approve a budget amendment recognizing interest
earned in Supervisor of Elections grant fund 37004.1
8) Recommendation that the Board of County Commissioners approve a
Budget Amendment to transfer $1,711.25 from the Supervisor of
Elections Administration Budget to the Supervisor of Elections Grant
Budget recognizing HA V A program income.
9) Recommendation that the Collier County Board of County
Commissioners approve a budget amendment recognizing interest
earned in Supervisor of Elections grant fund 37003.1.
September 15,2009
Page 21
10) Recommendation that the Board of County Commissioners of Collier
County approve an Interlocal Agreement for Election Services
pertaining to services and voting equipment used by the City of
Everglades in connection with an election to be held on November 24,
2009.
11) Recommendation to approve an Intergrated Criminal Justice
Information System Cost-Sharing Agreement with the Public
Defender for the Twentieth Judicial Circuit, the State Attorney of the
Twentieth Judicial Circuit, and the Chief Judge for the Twentieth
Judicial Circuit by and through the Administrative Office of the
Courts.
12) Recommendation that the Board of County Commissioners approves a
budget amendment in the amount of $252,390 for payment of an
invoice in the amount of $269,390 from Criminal Justice Information
System (CJIS) for Collier County's portion of the cost sharing project
for the Twentieth Judicial Circuit for FY09.
K. COUNTY ATTORNEY
1) Recommendation to authorize an amendment to Ordinance No. 91-65,
as amended, relating to the Affordable Housing Advisory Committee,
which will limit the rezoning petitions requiring Committee review to
all affordable housing projects and any projects which request existing
or new affordable housing incentives.
2) Recommendation to adopt a Resolution approving the County
Attorney's Office 2010 Fiscal Year Pay and Classification Plan,
which is identical to the current approved plan.
3) Recommendation pursuant to Collier County Resolution No. 95-632,
that the Board of County Commissioners authorizes the County
Attorney's Office to select and retain outside counsel to represent
County Manager James V. Mudd who has been named as a defendant
in the lawsuit entitled Pebble Page Inc., DIE/ A Stevie Tomatos Sports
Page Bar and Grill v. Jim Mudd, in his official capacity as County
September 15,2009
Page 22
Manager for Collier County, Case No. 09-6825-CA, now pending in
the Twentieth Judicial Circuit in and for Collier County, Florida, and
in addition, to waive the Purchasing Policy to the extent it applies to
the selection of outside counsel and/or otherwise exempt the selection
of outside counsel from competition pursuant to VII.G. of the
Purchasing Policy.
4) Authorize the making of an Offer of Judgment to Respondent, Pascal
J. Murray, for Parcel No. l21FEE in the amount of$6l0,900 in the
lawsuit styled Collier County v. Pascal J. Murray, et aI., Case No. 07-
4784-CA (Santa Barbara Boulevard Extension Project No. 60091)
(Fiscal Impact $46,700).
5) Recommendation that the Board of County Commissioners waive the
conflict with the continuing retention of Andrew Reiss, Esq., as
counsel for Collier County employees Stan Chrzanowski and Rudy
Moss in the case styled Burgeson v. Collier County, et aI., Case No.
2:09-CV-220-FTM-99-DNF, now pending in the United States
District Court for the Middle District of Florida, Fort Myers Division.
6) Recommendation to approve a Stipulated Final Judgment in the
amount of $9,000 for Parcel 169 in the lawsuit styled Collier County
v. Thomas F. Salzmann, et aI., Case No. 03-2550-CA (Golden Gate
Parkway Project 60027). (Fiscal Impact $6,246.80).
7) Recommendation to approve a Stipulated Final Judgment in the
amount of $6,000 for Parcel Il9DE in the lawsuit styled Collier
County v. Alexander G. Christou, et aI., Case No. 07-4923-CA (Santa
Barbara Boulevard Extension Project 60091). (Fiscal Impact $3,000).
8) Recommendation to authorize an amendment to Ordinance No. 75-16,
as amended, relating to the conduct of meetings of the Board of
County Commissioners, to modify the procedure for calling a meeting
to order in the absence of the Chairman and Vice Chairman.
9) Authorize the making of an Offer of Judgment to Respondents, Gloria
Giordano, Chris Rasmussen, a/k1a Chris Alan Rasmussen, and Martha
September 15,2009
Page 23
L. Rasmussen, for Parcel Nos. 122FEE and 123FEE in the amount of
$671,300 in the lawsuit styled Collier County v. Pascal J. Murray, et
aI., Case No. 07-4784-CA (Santa Barbara Boulevard Extension
Project No. 60091) (Fiscal Impact $48,900).
10) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners against
EMBARQ, INC., EMBARQ COMMUNICATIONS, INC. and
WORKMAN SERVICES, INC., in Circuit Court to recover damages
in the amount of $24,358.54, plus the cost of litigation.
11) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners against
Leonardo Rodriguez and Maria Rodriguez in County Court to recover
damages in the amount of$7,533.69 plus the cost of litigation.
12) Recommendation to authorize Collier County to join in an action if
and when brought by the Florida Association of Counties to challenge
HB 227 (2209), which amended the Florida Impact Fee Act, by: (1)
placing the burden upon the government to prove by a preponderance
of the evidence the validity of its impact fee(s), and (2) forbidding the
Court to use the deferential standard afforded all legislative
enactments. Funding for such a suit would not exceed $7,000.
13) Authorize the making of an Offer of Judgment to Respondents, Mark
A. Peiffer and Gwendolyn L. Peiffer, for Parcel No. 1 55ROUE in the
amount of$2,160 in the lawsuit styled Collier County v. Patricia K.
Carlyle, et aI., Case No. 07-2829-CA (Oil Well Road Project No.
60044) (Fiscal Impact $360).
14) Recommendation to approve a Stipulated Final Judgment in the
amount of $83,000 for Parcel No. 1 79RDUE in the lawsuit styled
Collier County v. Armando B. Yzaguirre, et aI., Case No. 07-2746-
CA (Oil Well Road Project No. 60044) (Fiscal Impact $38,046.35).
15) Recommendation that the Board of County Commissioners reviews
and approves the County Attorneys recommendation to waive any
September 15,2009
Page 24
potential ethics conflict for a CRA Advisory Board member based on
Ch. 112, Florida Statutes.
16) Request by staff for authorization to advertise and bring back for the
Boards consideration a proposed amendment to Ordinance No. 08-47,
which addresses requirements for non-consent law enforcement
towing of vehicles, private property towing of vehicles, storage of
vehicles and maximum chargeable fees by tow truck companies, to
include provisions concerning the immobilization of vehicles
(booting) on private property and to further clarify language in the
ordinance based upon feedback and experience since its enactment in
September 2008.
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. Recommendation to Review and Approve a Compliance Agreement
between the Florida Department of Community Affairs and Collier County,
setting forth a proposed Remedial Amendment relating to public schools in
the Capital Improvement Element of the Growth Management Plan,
Ordinance No. 89-05, as amended (Companion item to # l7B).
B. Recommendation to Review and Adopt an Ordinance for a Remedial
Amendment relating to public schools in the Capital Improvement Element
of the Growth Management Plan, Ordinance No. 89-05, as amended, as set
September 15,2009
Page 25
-~.>.~--~ -.. .. ..-...
forth in a Compliance Agreement between the Florida Department of
Community Affairs and Collier County. (Companion item to #17A).
C. Recommendation to adopt resolutions approving the preliminary assessment
rolls as the final assessment rolls and adopting same as the non-ad valorem
assessment rolls for purposes of utilizing the uniform method of collection
pursuant to Section 197.3632, Florida Statutes, for Solid Waste Municipal
Service Benefit Units, Service District No. I and Service District No. II,
Special Assessment levied against certain residential properties within the
unincorporated area of Collier County, The City of Marco Island and the
City of Everglades City pursuant to Collier County Ordinance 2005-54, as
amended. Revenues are anticipated to be $17,943,500.
D. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CUE-2008-AR-13803
Living Word Family Church, Inc., represented by Laura DeJohn, AICP, of
Johnson Engineering, Inc., is requesting a one-year Conditional Use
Extension pursuant to the Land Development Code Section 10.08.00.E.3, in
the Rural Agricultural (A) Zoning District with a Mobile Home Overlay
(MHO) for a church approved by Resolution No. 06-03. The 18.35 acre
subject property is located at 10910 Immokalee Road, in Section 30,
Township 48 South, Range 27 East, Collier County, Florida. CTS
E. ADA-2008-AR-14059 Sunrise Cay II Condominium Association Inc,
represented by Christopher J. Thornton of Cheffy, Passidomo, Wilson and
Johnson, LLP, is appealing the decision for INTP-2008-AR-12749. The
applicant wishes to appeal the Director's decision in which the Director
concluded that angle-parked boat parking with mooring pilings is
inconsistent with the Manatee Protection Plan specifically Sections
5.03.03.E.ll of the LDC and Sections 3.2.3.4 and 4.6.3 of the MPP to
prohibit use of mooring pilings to angle-park boat slips at Sunrise Cay II.
Subject property is located in Section 9, Township 52, Range 28, Collier
County, Florida.
F. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: PUDZ-2009-
AR-14141 The Naples Italian-American Club, Inc. represented by Robert
September 15,2009
Page 26
Duane, AICP, of Hole Montes, Inc. and Richard Yovanovich of Goodlette,
Coleman, Johnson, Yovanovich & Koester PA, is requesting a Rezone from
the Agriculture (A) Zoning District to the Commercial Planned Unit
Development (CPUD) Zoning District to allow up to 20,000 square feet of
civic, social or fraternal organizations and 34,000 square feet of commercial
and professional office uses. The approximately 5.0-acre subject property is
located at 7035 Airport Pulling Road, Section 2, Township 49 South, Range
25 East, Collier County, Florida. CTS
G. This item requires that all participants be sworn in and ex-parte
disclosure be provided by Commission members. Recommendation to
consider the Dissolution of Artesia Naples Community Development
District (CDD) pursuant to Section 190.046(9), Florida Statutes.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
September 15, 2009
Page 27
~"<-,,~,.<=,-~,,,,;,_ 'l7 II"
September 15, 2009
MR.OCHS: Madam Chair, you have a hot mike.
CHAIRMAN FIALA: Thank you very much. This meeting of
September 15, 2009, called to order, Board of County Commissioner
Meeting. And I would ask that you all will please rise while Jim
Mudd says our prayer.
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 community as it makes the important decisions that will shape our
community's future.
We pray that you will guide, lead, and direct the decisions made
here today so that your will for our county would always be done.
These things we pray in your holy name. Amen.
CHAIRMAN FIALA: And folks, please stay standing. And
anybody who has a hat on, please take your hat off, put your hand
over your heart and say the Pledge of Allegiance with me.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: And now, County Manager, would you
please lead us through this agenda.
Item #2A
TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES
MR. MUDD: Yes, ma'am. Agenda changes, Board of County
Commissioner's Meeting September 15, 2009.
Item 4A, the last sentence in the title of this proclamation should
read, "Big Corkscrew Fire Department" rather than Big Cypress Fire
Department. That clarification's at staffs request.
The next item is to add on Item 5D. It's a presentation by John
Page 2
September 15, 2009
Smarge from the Rotary Club International. This item is being added
at Commissioner Fiala's request.
Next item is Item 8A to be continued to October 13, 2009, BCC
meeting, okay. And it has some companion items which are 8B and
8C. All three are being continued at the petitioner's request to October
13, 2009, and then I'll start to read each one.
8A. It's PUDZ-2008-AR-14091 LCS-Westminster Naples LLC,
represented by Robert Duane, AICP of Hole Montes, and Richard D.
Y ovanovich, Esquire, of Goodlette, Coleman and Johnson,
Y ovanovich and Koester, is requesting a rezone from the Orange
Blossom Gardens planned unit development PUD and Oak Grove
PUD and the agricultural "A" zoning district to the commercial
planned unit development, CPUD, for a 764,524-square-foot
continuing care retirement community, CCRC, to be known as the
Siena Lake CCRC CPUD.
The approximately 29.25-acre subject property is located in
Section 1, Township 49 south, Range 25 east, Collier County, Florida.
Again, this continuation is at petition's request.
Next item, 8A, which is a companion to -- excuse me. 8B, which
is a companion to 8A, again, to be continued to October 13, 2009,
BCC meeting. It is PUDA-2008-AR-14090 LCS-Westminster Naples
LLC, represented by Robert Duane, AICP, of Hole Montes, Inc., and
Richard D. Y ovanovich, Esquire, of Goodlette, Coleman, Johnson,
Y ovanovich, and Koester, is requesting an amendment to the Oak
Grove PUD, ordinance number 98-71, to delete approximately 6.13
acres. The subject property is located in Section 1, Township 49
south, Range 25 east, Collier County, Florida. Again, the continuation
is at the petitioner's request.
The next item, again, a companion item, 8C, to 8A and 8B, all to
be continued to October 13, 2009, at the petitioner's request.
It's PUDA-2008-AR-14092, (JDM) LCS Development LLC,
represented by Robert Duane, AICP, of Hole Montes, Inc., and
Page 3
September 15, 2009
Richard D Y ovanovich, Esquire, of Goodlette, Coleman, Johnson,
Y ovanovich, and Koester, is requesting an amendment to the Orange
Blossom Gardens PUD, ordinance number 92-75, to delete
approximately 5.85 acres. The subject property is located in Section
1, Township 49 south, Range 25 east, Collier County, Florida.
Again, the continuations on 8A, 8B, and 8C till 13 October is at
the petitioner's request.
Next item is Item 9B. Backup materials were omitted from the
agenda packet. Copies have been distributed and made available for
review. This clarification's at staffs request.
Next item is to add on Item 12C to be heard at 12 noon following
Item 12A. It's a, notice is hereby given that pursuant to Section
286.011(8) of the Florida Statutes, the County Attorney desires advice
from the Board of County Commissioners in closed attorney-client
session on Tuesday, September 15, 2009, at a time certain of 12 noon
following Item 12A in the commissioners' conference room, third
floor of the W. Harmon Turner Building, Collier County Government
Center, 3301 East Tamiami Trail, Naples, Florida.
In addition to board members, County Manager James V. Mudd,
or in his absence, Deputy County Manager Leo Ochs, County
Attorney Jeffrey A. Klatzkow and Legal Section Chief Jacqueline W.
Hubbard will be in attendance.
The board, in executive session, will discuss strategy sessions
related to litigation expenditures and settlement negotiations in the
pending case of the Board of County Commissioners versus Dwight E.
Brock, Clerk of Courts, case number 07-1 056-CA now pending in the
20th Judicial Circuit in and for Collier County, Florida.
Add on Item 12D to be heard one p.m. following Item 12B, for
the Board of County Commissioners to provide direction to the
County Attorney regarding strategy related to the litigation
expenditures and settlement negotiations in the pending case of the
Board of County Commissioners versus Dwight E. Brock, Clerk of
Page 4
September 15,2009
Courts, case number 07-1 056-CA now pending in the 20th Judicial
Circuit in and for collier County, Florida.
The next item is to move Item 16A5 to 10B. This item to be
heard at two p.m. to provide to the Board of County Commissioners,
the board, information regarding the requirement as specified in the
2007 Florida Building Code to attain a building permit when replacing
a water heater and to inform the board of the final decision rendered
by the Florida Building Commission on this matter. This item is
moved to the regular agenda at Commissioner Fiala's and
Commissioner Henning's request. Again, we've got a time-certain
item on this one at two p.m.
The next item is to move Item 16B 16 to 10C. It's a
recommendation to approve an extension of time for staff to review
and assess alternative administration for the Collier County Airport
Authority. This item is being moved to the regular agenda at
Commissioner Fiala's and Commissioner Coletta's request.
The next item is to move Item 16D9 to 10D. It's a
recommendation that the Board of County Commissioners approves
and authorizes the chairman to sign 12 sub-recipient agreements for
CDBG, ESG, and HOME projects previously approved for HUD
funding in the 2009/2010 action plan. This item is being moved at the
request of Commissioner Henning to the regular agenda.
The next item is to move Item 16Kl to 12E. It's a
recommendation to authorize an amendment to ordinance number
91-65 as amended relating to the Affordable Housing Advisory
Committee which will limit the rezoning position -- petitions requiring
committee review to all affordable housing projects and any projects
which request existing or new affordable housing incentives. This
item is being moved from the consent to the regular agenda at
Commissioner Henning's request.
The next is Item 16D 16. The title should read "a
recommendation to award bid number 09-5265," rather than 09-526.
Page 5
September 15, 2009
That clarification's at staffs request.
The next item is, 1611(4) should read, the Collier County Code
Enforcement Board minutes of May 28, 2009. In error, they also
stated that the minutes from May 21, 2009 and June 2, 2009, would be
included, and that was in error. So the only minutes that are in the
miscellaneous correspondence, 1611, number four, are for Collier
County Code Enforcement Board minutes of May 28,2009.
The next item is Item 16K16. It's continued to September 29,
2009, BCC meeting. The request by staff for authorization to
advertise and bring back for the board's consideration a proposed
amendment to ordinance number 08-47 which addresses requirements
for non-consent law enforcement towing of vehicles, private property
towing of vehicles, storage of vehicles, and maximum chargeable fees
for tow truck companies to include provisions concerning the
immobilization of vehicles, booting, on private property, and to
further clarify language in the ordinance based upon feedback and
experience since its enactment in September 2008. This item is being
continued to September 29, 2009, at Commissioner Fiala's request.
The next item is Item 17G. The third recital is proposed -- in the
proposed ordinance should read, "Whereas, the district operations
currently are funded solely by assessments; and," the seventh recital in
the proposal ordinance should read, "Whereas, the district's board of
supervisors requests that the county adopt this nonemergency
ordinance providing for the dissolution of all community development
services of the district and to provide for the dissolution of the district
in accordance with Section 190.046(9), Florida Statutes," 2007
version, and -- and this particular clarification's at staffs request.
You have a series of time-certain items for today. Item 6C to be
heard at 2:30 p.m. It's a public petition request by Commissioner Tom
Cannon to discuss a workshop between the East Naples Fire Control
and Rescue District commissioners and the Board of County
Commissioners to renegotiate the Interlocal Agreement Advanced
Page 6
September 15, 2009
Life Support Partnership.
The next time-certain item is Item 16D to be heard immediately
following 6C at 2:30 p.m. It's a public petition request by Chief Doug
Dyer to discuss allegations made against the East Naples Fire Control
and Rescue District by Dr. Robert Tober.
The next time-certain item is Item 10B, which was moved from
16A5, to be heard at two p.m. To provide to the Board of County
Commissioners board information regarding the requirement as
specified in the 2007 Florida Building Code to obtain a building
permit when replacing a water heater, to inform the board of the final
decisions rendered by the Florida Building Commission on this matter.
The item is being moved from the consent to the regular agenda, as I
stated previously, at Commissioner Fiala's and Commissioner
Henning's request, and I believe the time-certain item of two p.m. is at
the chairman's request.
The next time-certain item is Item 12A to be heard at 12 noon.
Notice is hereby given that pursuant to Section 286.011(8), Florida
Statutes, County Attorney desires advice from the Board of County
Commissioners in closed attorney-client session on Tuesday,
September 15, 2009, at a time certain of 12 noon in the
commissioners' conference room, third floor, William Harmon Turner
Building, Collier County Government Center, 3301 East Tamiami
Trail, Naples, Florida.
In addition to board members, County Manager James Mudd, or
Leo Ochs, deputy County Attorney, County Attorney Jeffrey A.
Klatzkow and Assistant County Attorney Steven T. Williams will be
in attendance.
The board, in executive session, will discuss settlement
negotiations in the pending legal cases Craig Grider and Amber Grider
versus Collier County, case number 08- 7794-CA, and Craig Grider
and Amber Grider versus Collier County, case number 09-3164-CA,
both which are now pending in the 20th Judicial Circuit in and for
Page 7
September 15, 2009
Collier County, Florida.
The next time-certain item it Item 12B to be heard at one p.m.,
for the Board of County Commissioners to provide direction to the
County Attorney regarding strategy related to settlement negotiations
in the pending litigation cases of Craig Grider and Amber Grider,
which I've just mentioned previously under 12A at the 12 noon shade
seSSIon.
Next item for a time certain is Item 12C to be heard at 12 noon
immediately following 12A, and that has to do with the add-on items
that I've specified earlier before, and that had to do with the clerk's
settlement negotiations.
And Item 12D to be heard at one p.m. , immediately following
12D.
Item 14A to be heard immediately following 12D at one p.m. It's
a recommendation that the Collier County Board of County
Commissioners approves and authorizes its chairman to execute the
attached 25-year sublease agreement with the Department of Military
Affairs Armory Board, Florida Army National Guard, the Natural
Guard, for 26.41 acres at the Immokalee Regional Airport for the
construction of the Collier County Readiness Center. The rent for this
sublease agreement will be deducted from the debt the Airport
Authority owes the county.
Ma'am, that completes my changes and time certains for today,
and I'm just hoping that the court reporter doesn't need a break.
CHAIRMAN FIALA: Mr. Mudd, may I just ask, on Item 12C, it
says it's to be heard at 12 noon. Is that before we go to lunch? Is that
MR. MUDD: Yes, ma'am. Part of the shade session, if you
remember --
CHAIRMAN FIALA: That's just the shade session.
MR. MUDD: Yes, ma'am.
CHAIRMAN FIALA: Oh, I'm sorry. I confused it with--
Page 8
September 15,2009
MR. MUDD: And then once you're finished with -- you have
two shade sessions.
CHAIRMAN FIALA: Right.
MR. MUDD: One has to do with the Grider case and the other
one has to do with the mediation settlement with the clerk, and then
you come out of the shade on both of those items into the sunshine at
one o'clock.
CHAIRMAN FIALA: Right. Thank you for explaining that.
MR. MUDD: Yes, ma'am.
CHAIRMAN FIALA: Thank you very much.
And now anything from the County Attorney?
MR. KLATZKOW: No further changes, ma'am.
CHAIRMAN FIALA: Very good.
And board members, I would ask if you have any changes or
additions to the agenda and also anything to declare on the summary
or consent agenda. And I'm going to start today, which is not usually
the way we do things, but I have to declare that on Item 16D3 I have
to abstain from voting and that is because my son's company is one of
20 companies that are being considered on -- for work to be done on
housing if they're selected, and I just wanted to make sure I wasn't
voting on something like that. And Mr. Klatzkow, I have that. Yes.
MR. KLATZKOW: Yes, ma'am. That is 16D22, that item.
CHAIRMAN FIALA: Oh, I'm sorry. I'm sorry, yes, it is. Thank
you very much. Thank you.
Also, as long as I'm declaring things, on the consent agenda, Item
16A6, I'm not sure if these are the same people I've spoken to;
McEndrees Place it's called. I've had meetings with them, not
regarding what's on the agenda item now, but I've had meetings and
correspondence and emails with them many times on this same
property, not regarding this subject. But I thought I better just declare
that anyway just to make sure.
And also on 17F, Naples Italian American Club, I've had
Page 9
September 15,2009
meetings, correspondence, and emails. The most recent was with John
Garbo. And I have nothing else to -- no changes to the agenda.
Let's start with you, Commissioner Coyle.
COMMISSIONER COYLE: I have no further changes to the
agenda, Madam Chair.
With respect to disclosures, I have no disclosures for the consent
agenda. And for the summary agenda, I have disclosures on 17F, I
have received correspondence concerning that particular petition.
And on 17G, I have received emails, and that -- the
correspondence and copies of the emails are contained in my public
file. And that concludes my disclosures.
CHAIRMAN FIALA: Thank you.
Commissioner Halas?
COMMISSIONER HALAS: Good morning, Madam Chair.
As far as the disclosures on the consent agenda, I have none to
report this morning. On the summary agenda, I only have one and
that's 17F, and that's in regards to meetings and correspondence I've
had with Rich Y ovanovich, Bob Duane, Ron Morante and Ray
Lacotta (phonetic), and that was on October 1st of2008. And I have
no further changes to today's regular agenda, summary agenda, or
consent agenda.
CHAIRMAN FIALA: Thank you.
And Commissioner Henning?
COMMISSIONER HENNING: Good morning.
Yes, I do have ex parte communication on 1 7F, a written
correspondence. I do want to continue an item on the agenda, and that
is a proclamation for partnership with the U.S. Census Bureau. As we
have seen, and I forwarded on to you, that the bureau census (sic)
severed its ties with ACORN because of concerns. We still have no
direction from the U.S. Census on how they're going to conduct the
census. And we want to count legal residents in Collier County to be
honest and truthful.
Page 10
September 15, 2009
And I would like to continue this until the census bureau figures
out how they're going to -- and who is going to assist them with
census taking in our community.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Commissioner Henning,
you know, I normally don't have a problem with it, but may I make a
suggestion that maybe the answers exist to those questions that would
be to your satisfaction. Why don't we continue the -- why don't we
bring the item forward as we normally would, and if there is
dissatisfaction as far as the completeness of the answers, then we can
continue it in a manner. But I don't want to presume that they don't
have the answers to your questions. I would assume that they do.
COMMISSIONER HENNING: Madam Chair, it's my wishes to
continue, what is it, item -- it's public -- proclamation 4B.
MR. MUDD: 4B.
COMMISSIONER HENNING: So did you want a motion on
that, or how did you want to handle that?
CHAIRMAN FIALA: I have a question first, and then certainly
you can make a motion.
My questions is, I happen to be the representative that is going to
be representing us with the census taking. And I have set up a
meeting with all of the people that I've identified to work with the
census bureau so they can get some instructions from them. If this is
-- if this is continued, do I then continue that meeting as well, or what
would that mean?
MR. KLATZKOW: This is simply a proclamation that's being
continued, nothing more.
CHAIRMAN FIALA: Oh, okay, okay, fine.
Yes, Commissioner, if you'd like to make a motion.
COMMISSIONER HENNING: Okay. Madam Chair, I'd like to
make a motion, separate motion from the regular agenda, to continue
4B.
Page 11
September 15,2009
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: Proclamation 4B.
CHAIRMAN FIALA: Do I hear a second?
COMMISSIONER COYLE: I'll second it.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second. Any discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Okay. It's a 4-1 vote. Thank you,
Commissioner Henning.
Anything else?
COMMISSIONER HENNING: That's it.
CHAIRMAN FIALA: Okay, fine.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you, Madam Chair.
I have nothing to declare on the consent agenda, and the summary
agenda, 17D, I've received emails; on 17F, I've had emails and
received emails, and everything is in my file for anyone that would
wish to view it. I have no other changes to the agenda. Thank you.
CHAIRMAN FIALA: Thank you very much.
Okay. So may I have a motion then to approve the agenda as
amended?
COMMISSIONER HALAS: So moved.
COMMISSIONER COLETTA: What about your one item being
removed to vote on separately in the consent agenda?
CHAIRMAN FIALA: That's already separated out so that we
Page 12
September 15, 2009
didn't have that problem.
COMMISSIONER COLETTA: Okay.
CHAIRMAN FIALA: It was originally included in a list of 20,
and our County Attorney then separated it out so I can abstain from
voting that particular one.
COMMISSIONER COLETTA: I just wanted to make sure.
CHAIRMAN FIALA: Thank you very much. I appreciate that.
So when I vote, my vote abstains from that particular item. But
thank you for clarifying that just to make sure everything is all legit.
Okay. Did I -- I heard a motion?
COMMISSIONER HALAS: I made a motion.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Okay, to approve the agenda and the
consent agenda and the summary agenda?
COMMISSIONER HALAS: That's correct, ma'am.
CHAIRMAN FIALA: And the second is from Commissioner
Coletta.
COMMISSIONER COLETTA: (Nods head.)
CHAIRMAN FIALA: Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
Page 13
Agenda Changes
Board of County Commissioners Meeting
September 15, 2009
Item 4A: The last sentence in the title of this Proclamation should read, "Big Corkscrew" Fire Department, rather
than "Big Cypress" Fire Department. (Staff's request.)
Add On Item 50: Presentation by John Smarge, Rotary Club International. (Commissioner Fiala's request.)
Item 8A to be continued to the October 13.2009 BCC meetinR: PUDZ-2008-AR-14091, LCS-Westminster Naples
LLC, represented by Robert Duane, AICP of Hole Montes and Richard D. Yovanovich, Esq., of Goodlette, Coleman,
Johnson, Yovanovich and Koester, is requesting a Rezone from the Orange Blossom Gardens Planned Unit
Development (PUD), the Oak Grove PUG, and the Agricultural (A) zoning districts to the Commercial Planned Unit
Development (CPUD) for a 764,524 square-foot continuing care retirement community (CCRe) to be known as the
Siena Lakes CCRC CPUD. The approximately 29.25-acre subject property is located in Section 1, Township 49S,
Range 25 E, Collier County, Florida. (Petitioner's request.)
Item 8B to be continued to the October 13.2009 BCC meetinR: PUDA-2008-AR-14090 LCS-Westminster Naples LLC,
represented by Robert Duane, AICP of Hole Montes, Inc, and Richard D. Yovanovich, Esq., of Goodlette, Coleman,
Johnson, Yovanovich and Koester, is requesting an amendment to the Oak Grove PUD (Ordinance No. 98-71) to
delete approximately 6.13 acres. The subject property is located in Section 1, Township 49 South, Range 25 East,
Collier County, Florida. (Petitioner's request.)
Item 8C to be continued to the October 13.2009 BCC meetinR: PUDA-2008-AR-14092 (JDM) LCS Development LLC,
represented by Robert Duane, AICP, of Hole Montes, Inc., and Richard D. Yovanovich, Esq., of Goodlette, Coleman,
Johnson, Yovanovich and Koester, is requesting an amendment to the Orange Blossom Gardens PUD (Ordinance No.
92-75) to delete approximately 5.85 acres. The subject property is located in Section 1, Township 49 South, Range
25 East, Collier County, Florida. (Petitioner's request.)
Item 9B: Backup material was omitted from the agenda packet. Copies have been distributed and made available
for review. (Staff's request.)
Add On Item 12C to be heard at 12:00 Noon (followinR Item 12A): Notice is hereby given that pursuant to Section
286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed
attorney-client session on TUESDAY, SEPTEMBER 15, 2009, at a time certain of 12:00 noon (following Item 12A), in
the Commission conference room, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3301
East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James V. Mudd (or in his
absence, Deputy County Manager Leo Ochs), County Attorney Jeffrey A. Klatzkow, and Litigation Section Chief
Jacqueline W. Hubbard will be in attendance. The Board in executive session will discuss: Strategy session related
to litigation expenditures and settlement negotiations in the pending case of Board of County Commissioners v.
OwiRht E. Brock. Clerk of Courts. Case No. 07-1056-CA, now pending in the Twentieth Judicial Circuit in and for
Collier County, Florida.
Add On Item 120 to be heard at 1:00 D.m. (followinR Item 12B): For the Board of County Commissioners to provide
direction to the County Attorney regarding strategy related to litigation expenditures and settlement negotiations in
the pending case of Board of County Commissioners v. OwiRht E. Brock. Clerk of Courts. Case No. 07-1056-CA, now
pending in the Twentieth Judicial Circuit in and for Collier County, Florida.
9/15/20098:39 AM
Move Item 16AS to lOB. This item to be heard at 2:00 D.m. To provide to the Board of County Commissioners
(Board) information regarding the requirement as specified in the 2007 Florida Building Code to obtain a building
permit when replacing a water heater, and to inform the Board of the final decision rendered by the Florida Building
Commission on this matter. (Commissioner Fiala's and Commissioner Henning's request.)
Move 16B16 to 10C: Recommendation to approve an extension of time for staff to review and assess alternative
administration for the Collier County Airport Authority. (Commissioner Fiala's and Commissioner Coletta's request.)
Move Item 1609 to 100: Recommendation that the Board of County Commissioners approves and authorizes the
Chairman to sign twelve (12) Subrecipient Agreements for CDBG, ESG, and HOME projects previously approved for
HUD funding in the 2009-2010 Action Plan. (Commissioner Henning's request.)
Move Item 16Kl to 12E: Recommendation to authorize an amendment to Ordinance No. 91-65, as amended,
relating to the Affordable Housing Advisory Committee, which will limit the rezoning petitions requiring Committee
review to all affordable housing projects and any projects which request existing or new affordable housing
incentives. (Commissioner Henning's request.)
Item 16016: Title should read, "Recommendation to award bid #09-5265 . . ." (rather than #09-526). (Staffs
request.)
Item 1611: 4) should read: "Collier County Code Enforcement Board: Minutes of May 28,2009". May 21,2009 and
June 2, 2009 included in error. (Staff's request.)
Item 16K16 continued to the SeDtember 29.2009 BCC meetinJ!:: Request by staff for authorization to advertise and
bring back for the Board's consideration a proposed amendment to Ordinance No. 08-47, which addresses
requirements for non -consent law enforcement towing of vehicles, private property towing of vehicles, storage of
vehicles and maximum chargeable fees by tow truck companies, to include provisions concerning the immobilization
of vehicles (booting) on private property and to further clarify language in the ordinance based upon feedback and
experience since its enactment in September 2008. (Commissioner Fiala's request.)
Item 17G: The 3rd recital in proposed Ordinance should read: "WHEREAS, the District operations currently are
funded solely by assessments; and". The ih recital in the proposed Ordinance should read: "WHEREAS, the
District's Board of Supervisors request that the County adopt this non-emergency ordinance providing for the
dissolution of all community development services of the District and to provide for the dissolution of the District in
accordance with Section 190.046(9), Florida Statutes (2007); and". (Staff's request.)
Time Certain Items:
Item 6C to be heard at 2:30 D.m. Public petition request by Commissioner Thomas Cannon to discuss a workshop
between the East Naples Fire Control and Rescue District Commissioners and the Board of County Commissioners to
renegotiate the "Interlocal Agreement Advanced Life Support Partnership."
Item 60 to be heard immediately followinJ!: Item 6C at 2:30 D.m. Public petition request by Chief Doug Dyer to
discuss allegations made against East Naples Fire Control and Rescue District by Dr. Robert Tober.
Item lOB (moved from 16AS) to be heard at 2:00 D.m. To provide to the Board of County Commissioners (Board)
information regarding the requirement as specified in the 2007 Florida Building Code to obtain a building permit
when replacing a water heater, and to inform the Board of the final decision rendered by the Florida Building
Commission on this matter. (Commissioner Fiala's and Commissioner Henning's request.)
9/15/2009 8:39 AM
Item 12A to be heard at 12:00 Noon: Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the
County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on
Tuesday, September 15, 2009, at a time certain of 12:00 noon in the Commission conference room, 3rd floor, W.
Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to
Board members, County Manager James Mudd or Leo Ochs, Deputy County Manager, County Attorney Jeffrey A.
Klatzkow, and Assistant County Attorney Steven T. Williams will be in attendance. The Board in executive session
will discuss: Settlement negotiations in the pending litigation cases of Craig Grider and Amber Grider v. Collier
County, Case No. 08-7794-CA and Craig Grider and Amber Grider v. Collier County, Case No. 09-3164-CA, both which
are now pending in the Twentieth Judicial Circuit in and for Collier County, Florida.
Item 128 to be heard at 1:00 D.m.: For the Board of County Commissioners to provide direction to the County
Attorney regarding strategy related to settlement negotiations in the pending litigation cases of Craig Grider and
Amber Grider v. Collier County, Case No. 08-7794-CA and Craig Grider and Amber Grider v. Collier County, Case No.
09-3164-CA, both which are now pending in the Twentieth Judicial Circuit in and for Collier County, Florida.
Item 12C to be heard at 12:00 Noon immediately followin212A: (See Add On Item above.)
Item 120 to be heard at 1:00 p.m. immediately followin212B: (See Add On Item above.)
Item 14A to be heard immediately followinR 120 at 1:00 D.m. Recommendation that the Collier County Board of
County Commissioners approves and authorizes its Chairman to execute the attached twenty-five (25) year sub-
lease agreement with the Department of Military Affairs Armory Board Florida Army National Guard (National
Guard) for 26.41 acres at the Immokalee Regional Airport for the construction of the Collier County Readiness
Center. The rent for this sub-lease agreement will be deducted from the debt the Airport Authority owes the
County.
9/15/2009 8:39 AM
September 15, 2009
Item #2B and #2C
MINUTES FROM THE JULY 27, 2009 VALUE ADJUSTMENT
BOARD MEETING AND THE JULY 28, 2009 BCC/REGULAR
MEETING - APPROVED AS PRESENTED
CHAIRMAN FIALA: Very good. That moves on.
And Commissioner Henning, would you like to talk about the
minutes?
COMMISSIONER HENNING: Oh.
CHAIRMAN FIALA: I always look to you for doing that.
COMMISSIONER HENNING: Yeah. Oh, Madam Chair, I'd
like to make a motion to approve the July 27, 2009, Value Adjustment
Board Meeting, and July 28, 2009, County Commission Regular
Meeting.
COMMISSIONER COLETTA: I'll second it.
CHAIRMAN FIALA: And a second.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: We move on to service awards.
Item #3A
ADVISORY COMMITTEE SERVICE AWARD -10 YEAR
RECIPIENT - RECOGNIZED
Page 14
September 15, 2009
MR. MUDD: Yes, ma'am. And I'm going to -- I'm going to
make this announcement, but Ms. -- Mr. Maurice Gutierrez, based on
what I've been told, will not be able to attend.
But that brings us to service awards, advisory committee awards.
The ten-year award for dedicated service to Mr. Maurice Gutierrez,
the Bayshore Beautification MSTU Advisory Committee, and we will
wait till another meeting when we can have him in attendance in order
to recognize him specifically, but I'll do that verbally this morning.
And then we go from service awards, ma'am, to proclamations.
Item #4A and #4C
PROCLAMATIONS: ONE MOTION WAS TAKEN TO ADOPT
BOTH OF THE PROCLAMATIONS
Item #4A
PROCLAMATION CONGRATULATING AGGIE AND MARIUS
KROLCZYNSKI ON THE BIRTH OF THEIR SON ETHAN
GREGORY WHO WAS DELIVERED AT THE BIG
CORKSCREW FIRE STATION BY MEMBERS OF EMS AND
THE FIRE SERVICE, WHO ARE ALSO HONORED TODAY;
ACCEPTED BY AGGIE AND MARIUS KROLCZYNSKI AND
REPRESENTATIVES OF COLLIER COUNTY EMS AND BIG
CYPRESS FIRE DEPARTMENT - ADOPTED
And the first proclamation is congratulating Aggie and Marius
Krolczynski on the birth of their son, Ethan Gregory, who was
delivered at the Big Corkscrew Fire Station by members of EMS and
the fire service, who are also honored here today.
To be accepted by Angie and Marius Krolczynski and
representatives of the Collier County EMS and the Big Corkscrew
Page 15
September 15, 2009
Fire Department.
Ladies and gentlemen, if you could please come forward.
(Applause.)
COMMISSIONER HENNING: Wow, the baby has really
grown. Oh, there she is.
MR. MUDD: Okay. I'm assuming -- I'm assuming that bundle
that you're carrying, the little one, is the one that was born, okay.
Because I was going to say, the blonde one really got big.
(Applause.)
CHAIRMAN FIALA: And folks, I have a -- I have a
proclamation for each of you, if you'd like to take that.
COMMISSIONER COYLE: You have to go to the podium to
speak.
CHAIRMAN FIALA: You are so welcome.
MS. KROLCZYNSKI: Thank you.
CHAIRMAN FIALA: You know what, I have some more, so
those must be for the others. Thank you very much.
(Applause. )
CHAIRMAN FIALA: What a good baby.
MS. KROLCZYNSKI: Right now.
CHAIRMAN FIALA: Thank you very much.
COMMISSIONER HENNING: Madam Chair?
CHAIRMAN FIALA: Yes.
COMMISSIONER HENNING: May I say something?
CHAIRMAN FIALA: Sure.
COMMISSIONER HENNING: And anybody's welcome to go
to the podium, is -- Commissioner Fiala was just about to say . You
know, there's some problems between EMS and fires. We read it in
the media and hear about it. But the bottom line, these ladies and
gentlemen, fire paramedics and EMS paramedics, EMTs, are still
serving the public and they're doing a very good job.
MS. KROLCZYNSKI: Absolutely. Big hands to them.
Page 16
September 15, 2009
COMMISSIONER HENNING: As we can see. And I
understand if Big Corkscrew has adopted this child as being their
guardian.
MS. KROLCZYNSKI: He's a mascot.
CHAIRMAN FIALA: Thank you.
MS. KROLCZYNSKI: Thank you. If anybody wanted to say
something at the podium. Did anybody want to say anything? Okay.
Everybody's camera shy, microphone shy.
Thank you, fellows.
Item #4B - Continued during agenda changes
PROCLAMATION DESIGNATING SEPTEMBER 15,2009 THE
PARTNER DAY FOR THE 2010 CENSUS, DEMONSTRATING
COLLIER COUNTY'S COMMITMENT TO THIS IMPORTANT
PROCESS. TO BE ACCEPTED BY MARCELA RICE,
PARTNERSHIP SPECIALIST. U.S. CENSUS BUREAU
MR. MUDD: That will bring us to 4B, which the board decided
to continue by a vote of 4-1, and I believe that continuance is
indefinite.
Item #4C
PROCLAMATION DESIGNATING SEPTEMBER 26,2009 AS
NAPLES NEWS MEDIA GROUP DAY; ACCEPTED BY NAPLES
NEWS MEDIA GROUP MANAGEMENT - ADOPTED
Brings us to 4C, which is a proclamation designating September
26, 2009, as the Naples News Media Group Day, to be accepted by the
Naples News Media Group management. Ladies and gentlemen, if
you could please come forward.
Page 1 7
September 15, 2009
CHAIRMAN FIALA: Hi.
MS. SPARTS: Good morning.
CHAIRMAN FIALA: We just had to adjust microphones. And
let me give you this on behalf of our county commission, a
proclamation. Thank you very much, and please stay for a picture.
COMMISSIONER COLETTA: Hope you take advantage of the
podium.
MS. SPARTS: On behalf of the Naples Daily News and Naples
News Media Group, we'd like to thank the commissioners for all their
help and support during our construction of our new facility, and
hopefully we continue to meet the needs of the community. Thank
you-all very much.
THE COURT REPORTER: Your name, please?
MS. SPARTS: Mary Jo Sparts.
MR. MUDD: Madam Chair, I need a motion accepting
proclamation 4 --
COMMISSIONER HALAS: Motion to approve the
proclamations, except for the proclamation that we've continued.
MR. MUDD: You're accepting 4A and 4C.
COMMISSIONER HALAS: A and C.
MR. MUDD: Yes, sir.
CHAIRMAN FIALA: And a second?
COMMISSIONER HENNING: Second.
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Thank you very much.
Page 18
September 15,2009
Item #5A
RECOMMENDATION TO RECOGNIZE RUSSELL GREER,
LABORATORY TECHNICIAN, WATER DEPARTMENT, AS
EMPLOYEE OF THE MONTH FOR AUGUST 2009 -
PRESENTED
MR. MUDD: Commissioners, that brings us to the presentation
section of the Board of County Commissioners agenda, and we'll start
with 5A. It's a recommendation to recognize Russell Greer, laboratory
technician, water department, as the Employee of the Month for
August, 2009. Mr. Greer, if you could please come forward.
Russell Greer, laboratory technician, has been nominated as the
Employee of the Month for August, 2009. Russ has been an employee
of the county for over 20 years. He is an instrumental team member in
the water laboratory at the North County Regional Water Treatment
Plant.
Russ brings a great attitude to work every day. He approaches
every task with a can-do attitude. He is proactive, completes tasks
ahead of schedule, and always volunteers to make an extra effort on
extra work of special assignments.
Over the years, the water laboratory has often been short staffed.
Russ not only steps up to take on the additional workload, he also
continues to perform his own job duties with excellence and
dedication.
Earlier this year, Russ volunteered for a very important task.
Due to an increase in the number of customers, the water laboratory
needed to perform additional compliance monitoring. This required
30 new sampling points to be added to the 120 points already sampled
on a monthly basis throughout the water distribution system. Russ
plotted out potential sites, scouted them for feasibility and
Page 19
September 15, 2009
accessibility, and drafted a document with locations and directions.
These new sites have been added to the monthly route with great
success thanks to his effort. This is just one of the many examples
where Russ has gone above and beyond.
Russ is knowledgeable and always willing to learn beyond what
is expected of his position. His professionalism, reliability, and
devotion makes him an asset to the water department and the county.
He is truly deserving of this award.
Ladies and gentlemen, I'd like to present to you Mr. Russell
Greer, laboratory technician, water department, Employee of the
Month for August, 2009.
(Applause.)
CHAIRMAN FIALA: This is a letter from us congratulating
you, Russ, a little check from us. And, boy, they're hard to come by
anymore, so I'm sure you can use that.
MR. GREER: Thank you very much.
CHAIRMAN FIALA: And also a plaque for your office. We
thank you for all your hard work and for making us look so good.
MR. GREER: Thank you.
Item #5B
A PRESENTATION TO THE NORTH NAPLES FIREFIGHTER'S
UNION TO RECOGNIZE THEIR CONTRIBUTION OF $5,000
FOR THE FREEDOM MEMORIAL AND A PRESENTATION TO
PHYSICIAN'S REGIONAL HEALTHCARE SYSTEM TO
RECOGNIZE THEIR CONTRIBUTION OF $5,000 FOR THE
FREEDOM MEMORIAL - PRESENTED BY COMMISSIONER
COYLE
MR. MUDD: Madam Chair, Commissioners, the next
presentation is to the North Naples Firefighter's Union to recognize
Page 20
September 15, 2009
their contribution of $5,000 for the Freedom Memorial and a
presentation to the Physician's Regional Healthcare System to
recognize their contribution of 5,000 for the Freedom Memorial.
The presentations will be -- and by Commissioner Coyle.
COMMISSIONER COYLE: Thank you very much.
Madam Chair, it gives me great pleasure to recognize two
organizations in Collier County that have been so helpful with respect
to funding the construction of the Freedom Memorial.
For those who have not yet heard much about the Freedom
Memorial, there's an artist's rendering here in front of the podium, or
in front of the dais.
This is an idea that was conceived immediately after the 9/11
attacks in 2001. The firefighters, county staff members, Sheriffs
Department, other community volunteers have been the driving force
behind this effort. It is now coming out of the ground. It is being built
in Freedom Park at Goodlette- Frank Road and Golden Gate Parkway
through the efforts of people like the International Association of
Firefighters.
On a national basis, this organization represents 287,000
firefighters and emergency medical personnel and protects 85 percent
of the nation's population.
Chris Spencer is president of the International Association of
Firefighters Local 2297, which represents North Naples firefighters,
and North Naples has -- North Naples Fire District has played a very
important role in helping this project get underway and move forward.
So Chris, we'd like to invite you to come forward and accept a
plaque indicating our appreciation for your support of this project and
for all of the firefighters who have participated.
(Applause.)
CHAIRMAN FIALA: Thank you very much. This is so
appropriate, too, isn't it.
MR. SPENCER: Can I get my guys up here?
Page 21
September 15, 2009
(Applause.)
LIEUTENANT CADREAU: Good morning. I'm Lieutenant
Sam Cadreau from the -- retired from the City of Naples. I also sit on
the Freedom Memorial Board, and I would like to congratulate these
brave firefighters for their help and support in this endeavor. Thank
you.
COMMISSIONER COYLE: And Sam, we may as well
introduce Jerry Ladue also as the guy who designed this wonderful
memorial. From all the submissions of designs we received from all
over the United States, Jerry Ladue from Massachusetts was the
winning artist, and he has moved from Massachusetts to Collier
County to oversee the implementation of his vision. Thank you, Jerry.
(Applause.)
COMMISSIONER COYLE: And Chris, it's your turn now.
MR. SPENCER: Thank you very much. Good morning,
everybody. I just wanted to let you know that being firefighters and
how -- Freedom Memorial has a significant amount of importance to
us, especially on September 11 th where 343 firefighters' lives were
taken from us. But we look at that day and we think back about what
happened on that day and where we fit into the picture, and yet when I
look into this room here, I see veterans, military people from World
War II, Bronze Star Medal winners, we have young men and women
in this country right now fighting in multiple situations across this
country, across the world, doing things.
It's not about just the uniform people. It's about all of us being
Americans. And that's why we, as individuals and members of the
International Association of Firefighters, believe that our freedoms are
sacred and we love our country, we love our county, we love our
commissioners doing a good job during this difficult economic time.
But this is the land of the free and the home of the brave, and this
will be built by the pennies and dollars we can all raise and put
together as a monument and testimony to the freedoms that we enjoy
Page 22
September 15,2009
every single day.
I'm kind of going to ask a challenge be put out there to all the
organizations, put aside a couple extra pennies, school children,
hospitals, organizations like the Boy Scouts, the Girl Scouts, anybody
who can raise money, help build this; because this will be here long
after we're gone, and we will all be part of this Freedom Memorial,
and we will all, as we do today, enjoy the freedoms that were given to
us years ago by our forefathers and hope will last with us for after ad
infinitum.
Thank you very much for this great plaque and everything, but
please, everybody, a penny, that's all I'm asking, everybody. A penny,
a dollar, whatever you can give. Let's get this -- and by the way, if
you haven't been down there to take a look at that park, it's a beautiful,
tranquil design where the waters get cleared up and they flow into the
Gordon River and back out to the Gulf. We have the designer of the
monument right here. It is a beautiful place of solitude.
And please be part of it. Reach into your pockets, help build this
together as a community as we've done on so many issues. We've
built the Philharmonic, we've built many other things here. Let's build
the Freedom Memorial.
(Applause.)
MR. SPENCER: Thank you very much.
COMMISSIONER COYLE: Sam, we need to draft Chris a part
of our fundraising effort. We should make him chairman of the
fundraising committee.
MR. SPENCER: We can do that.
COMMISSIONER COYLE: Good. Thank you very much.
Now, I'd like to recognize another wonderful organization that has
done exactly what Chris has asked people to do. We approached
Jeffrey Mobias, chief executive officer of Physician's Regional
Healthcare Systems, several months ago, and not only did Physician's
Regional Healthcare System agree to make a substantial donation of
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September 15, 2009
$5,000 to this effort, but he took the action to notify all their
employees that if they wanted to do something individually, they
could -- they could make contributions individually.
And Physician's Regional Healthcare Systems is comprised of
two premier hospitals in Collier County with a medical staff of over
300 physicians and 1,200 employees.
So at this time I'd like to ask Chief Executive Officer Jeffrey
Mobias to come forward. And do you have Joe Bernard with you?
Joe, would you come up.
It gives me great pleasure to present this to you, Jeff. Thank you
very much for your help. Without your help, this would not be
possible. Joe, thank you very much.
(Applause.)
MR. MUDD: Commissioner, that brings us --
MR. MOBIAS: I'd like to thank the county commissioners for
this plaque. But after listening to Chris, I had all these prepared
words, which was going to take at least 30, 40 minutes, but I guess I'd
just like to say ditto to that. You know, the community needs to come
together on this Freedom Park, and thank you.
COMMISSIONER COYLE: Thank you.
MR. MUDD: Commissioner, that brings to our next
presentation. If everybody wants to know what that hum is on the dais
real quick, it's one of the UPS, the unprotected systems, you know,
with the battery backup, and it needs to be reset. As soon as you're
done with the break, I'll have somebody from IT go up there and we'll
get rid of it.
CHAIRMAN FIALA: Thank you. Sir?
LIEUTENANT CADREAU: Mr. Mudd, may I make one more
comment? I'm also proud to say, as Commissioner Coyle said, that
the monument is coming out of the ground. And when he says
coming out of the ground, he literally means coming out of the
ground.
Page 24
September 15, 2009
The steel is up in place for the actual flag wall, and the forms are
in place. And at any time now within the next -- probably the next
week, the concrete will be poured for that actual wall. So that is our
next phase. It's the next great step in this memorial, and we're looking
forward to that.
So thank you for all your help and contributions. We still have a
ways to go, so keep your pocketbooks open. Like I say, this memorial
will be here forever. That's what it was designed to be and to be built
for. So please keep it in mind.
And when you go by the intersection, just before the intersection
of Goodlette Road on Golden Gate Parkway on the right-hand side in
the park, it's quite visible, so please look and take appreciation of what
we're working on in this county to remember all of our servicemen,
firefighters, police officers, and EMS. Thank you.
(Applause.)
MR. LADUE: Commissioner Coyle, you know I'm a man of few
words. Have a good day, everybody.
CHAIRMAN FIALA: Mr. Mudd?
Item #5C
PRESENTED BY THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) TO DAVID BUCHHEIT,
CHAIRMAN OF THE CTST (COMMUNITY TRAFFIC SAFETY
TEAM). COLLIER COUNTY'S COMMUNITY TRAFFIC SAFETY
TEAM WAS AWARDED THIRD PLACE HONORS OUT OF 52
COMMUNITY TRAFFIC SAFETY TEAMS FROM ACROSS THE
STATE DURING THE 2009 FLORIDA LAW ENFORCEMENT
CHALLENGE AWARDS CEREMONY ON JULY 31, 2009.
FDOT'S CTST COORDINATOR DEBRA STALLINGS
PRESENTED THE AWARD TODAY TO CHAIRMAN, DAVID
Page 25
September 15, 2009
BUCHHEIT, VICE CHAIRMAN, CHARLES BENSON AND
SECRETARY/COORDINATOR NANCY FRYE - PRESENTED
MR. MUDD: The next presentation is 5C. It's presented by the
Florida Department of Transportation to David Buchheit, the chairman
of the CTST, which is the Community Traffic Safety Team. Collier
County's Community Traffic Safety Team was awarded third place
honors out of 52 community traffic safety teams from across the state
during the 2009 Florida Law Enforcement Challenge Award
ceremony on July 31, 2009.
FDOT Community Traffic Safety Team coordinator, Debra
Stallings, will present the award today to Chairman David Buchheit,
Vice-chairman Charles Benson, and Secretary and Coordinator Nancy
Frye.
(Applause.)
MS. STALLINGS: Good morning, everyone, members of the
board. You pretty much said it all, but I just have a few things I
wanted to add, if I don't lose my voice. I'm harboring frogs this
morning, so pardon me.
I'm here today to congratulate the Collier County Community
Traffic Safety Team and the Collier County Sheriffs Office on the
recognition of this year's Florida Law Enforcement Challenge. A
category for the CTST, which is the Community Traffic Safety Team,
was added to this challenge due to the partner between the law
enforcement agencies and the CTSTs. The CTST's comprised of law
enforcement, EMS, engineering, which comes from cities, counties,
and FDOT, education and the public.
The Collier County Traffic Safety Team was presented with third
place in this year's challenge. Even though this was the first time they
submitted an application, they've done great things for years in the
past. I've been with them for several -- well, probably, what, seven
years now. I'm very proud of this team. They work harder than any
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September 15, 2009
other team in my district to get things done in our county. You should
be very proud of them.
Dave took helm as chair for the team three years; Vice-chair
Charles Benson, who works with the county school board
transportation, Secretary Nancy Frye, and this team are very
committed to traffic safety, including the team's passion for bicycle
and pedestrian safety.
The team's goal is to reduce the number and severity of traffic
crashes including bicycle and pedestrian crashes through education,
engineering, and enforcement.
F or their strong work efforts through the team, I would like to
present them with this Challenge Certificate for third place in that
category. With a team like Collier County, I think you'll be seeing a
first place next year.
(Applause.)
MS. STALLINGS: I'm not done yet. I'm not done yet.
I also want to congratulate the Collier County Sheriffs Office.
They won first place in their category last year. This year they had to
compete in a championship class in the law enforcement challenge.
The challenge is a friendly competition among enforcement agencies
of similar size.
Because of sustained efforts of the Collier County Sheriffs
Office, vehicle crashes, fatalities, and injuries have decreased over the
past years down from 79 in 2003 to 36 in 2008. That's quite an
accomplishment.
The areas of concentration include efforts to enforce laws and
educate the public about occupant protection, impaired driving and
speeding. The Lane Traffic Safety Programs are those that combine
officer training, public information, and enforcement.
I do want to let you guys know -- it's not on my paper, so they
haven't seen it -- but everywhere I go, because Collier County's seat
belt compliance, even prior to it becoming a primary law, was way
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September 15, 2009
and far above the state average. I'm very proud to know that this
county is in my district because I get to get kudos too because of your
Sheriffs Office. They were up in the 90s where the state average was
only 87. That's something for this team and this agency to be
extremely proud of.
So from their -- first place in their class last year to third place in
the champion class last year I would like to present them their
certificate from the law enforcement challenge.
(Applause.)
CHAIRMAN FIALA: Thank you. Thank you very much for all
you've done.
COMMISSIONER HENNING: Thank you.
Item #5D
PRESENTATION BY JOHN SMARGE, ROTARY CLUB
INTERNATIONAL - AWARDING JIM MUDD THE ROTARIAN
"PAUL HARRIS FELLOWSHIP"- PRESENTED
MR. MUDD: Commissioner, you have one more presentation,
and that is a presentation by John Smarge from the Rotary Club
International, and that is Item 5D.
MR. DAHLSTROM: Good morning. My name is Wayne
Dahlstrom. I'm a member of the board of directors of the Rotary Club
of Naples Bay and past president of that club.
I know you have a very busy agenda this morning. I'd like to
thank you for allowing us time to come here to make this very special
presentation to someone in this room. So thank you. I know you have
a busy schedule, so we'll try to do it as quickly as we can.
I'd like to thank all of you for being here today. You all have
special missions and everything is a great concern to you, and you're
here before the county commissioners to make your presentations, and
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September 15, 2009
we wish you well in that endeavor.
What we're going to do here today is kind of special. As I said,
my name is Wayne Dahlstrom, and I'm with the Rotary Club of
Naples Bay. I'm one of 1,200,000 Rotarians around the world. We
have over 34,000 clubs in 186 countries on six continents, and we're
here today to make a special presentation.
In this general area, North Naples to Marco Island, there's nine
rotary clubs between Bradenton and Marco Island. There's about 54
clubs with over 2,500 members.
And what I'd like to do now, if you would, to notice over here on
this side of the room, I'd like to thank Tom Henning for helping me in
this endeavor: I'd like to thank Leo Ochs, the deputy County
Manager, for helping me behind the scenes; and if you would like to
join me down here on the floor, please come down.
I'd like to ask Jim Mudd to come up here next to me. Mr. Mudd?
Now, Jim Mudd has no idea what we're about to do, okay. He's as
surprised -- this guy runs a tight ship. Even though he was in the
Army, he runs a tight ship.
So Jim Mudd is a -- I'm proud to say that he is a graduate of the
U.S. Military Academy. Look at him. He's kind of hiding over here
on the corner here. Full colonel, dedicated to serving the world, and
now he's our County Manager.
So if you'll notice, Jim, when your wife dropped you off here
today, Toni, she said she was going to a doctor's appointment.
MR. MUDD: She did.
SPEAKER: She lied.
MR. MUDD: Won't be the first time.
MR. DAHLSTROM: Toni, would you please stand up and just
be a part of this.
(Applause.)
MR. DAHLSTROM: Please welcome Toni Mudd.
Next thing, anyone who's a member of the Naples Bay Rotary
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September 15, 2009
Club please come up here with me, stand next to me. If there's any --
any members of a rotary club anywhere from the United States or
around the world, please come up here. Anyone who is --
CHAIRMAN FIALA: How about Kiwanians?
MR. DAHLSTROM: Kiwanians? It's okay. It's okay. Nice try.
Any Kiwanians, that's fine, come on up here. Anyone that's part
of a service organization, just come on up. Anyone who used to be a
member of any service organization, please come up. We welcome
you here.
What I'd like to do for this special presentation, for this special
man right here, is bring up John Smarge.
John, would you please come up.
John, as he approaches, I want you to know that he is a local
businessman. He is the past president of the downtown rotary club,
past district governor, and within the Rotary International
Organization, like I mentioned, there's 1,200,000-plus members, John
Smarge next year is going to sit on the board of directors of Rotary
International in Evanston, Illinois.
There's only 17 people on the board of directors. Out of
1,200,000, he's one of the 17. What we call in rotary a real
mucky-muck.
So I'm going to turn the meeting over to John. He's going to make
a special presentation to our friend and colleague, Jim Mudd.
MR. SMUDGE: Thank you, Wayne.
Service above self. Members of rotary clubs known as Rotarians
are volunteers who practice Service Above Self by working locally,
regionally, internationally, to combat hunger, improve health and
sanitation, provide education and job training, promote peace and
eradicate polio.
Here in Collier County we feed the dreams of high school seniors
as the county's largest collective college scholarship provider. We
feed the minds of our youth with our dictionary days, each year
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September 15,2009
distributing dictionaries to every fourth grader in Collier County, and
we feed the hungry through our Kids Against Hunger Programs
where, in the past two years, we have packaged and distributed more
than 5.2 million meals to those less fortunate.
The Rotary Foundation is a not-for-profit corporation supported
solely by voluntary contributions of Rotarians and friends of the
foundation who share in its vision of a better world. Internationally
through the foundation, in just this past year alone, rotary has spent
$227.5 million in support of humanitarian educational programs, as
well as in our global polio eradication effort.
This polio plus program provides funding for mass immunization
campaigns as well as support for social mobilization, surveillance, and
laboratories to help carry out the final stages of global polio
eradication.
Since starting our polio plus campaign some 20 years ago,
Rotarians have raised more than $1.2 billion in support and have
provided hundreds of thousands of volunteer hours.
As a result of our efforts, two billion children under the age of
five have received the polio vaccine. Five million people who might
otherwise be paralyzed are now walking, and half a million new cases
of polio are prevented each year, and the number of polio cases has
declined by nearly 99 percent.
I think that you-all will agree that Service Above Self is more
than just a motto for Rotarians but instead a core belief and a practiced
lifestyle. Often there are members of the community who do not
belong to a rotary club yet who are Rotarians in heart and deeds, men
and women who embody the ideals of Service Above Self. Jim Mudd
is such a man.
Jim, a substantial contribution to the Rotary Foundation has been
made in your name for the Naples Bay Rotary Club. Because of this,
you are being recognized as a Paul Harris Fellow, a recognition named
after our founder, Paul Harris.
Page 3 1
September 15, 2009
Because of your selflessness, you have inspired others to give,
and in so doing, are helping the Rotary Foundation answer the please
of those less fortunate in our world. Through this contribution, Jim,
you are bringing hope and spreading peace.
So Jim, on behalf of the trustees of the Rotary Foundation, on
behalf of the more than 750 Rotarians in Collier County, and in
particular Naples Bay Rotary Club, but more importantly on behalf of
those children around the world who will -- you'll never see or who'll
never know who or what a Jim Mudd is yet whose lives have been
saved because of this contribution, let me say thank you.
I've ask the members of the Naples Bay Club to provide Jim with
the medallion and the pin, as well as -- as well as the plaque. As well,
Jim, I have a letter from our current district governor who could not be
here who is -- who he counts you as a friend and colleague from
Hendry County, Vince Cautero, it's a letter from him.
Ladies and gentlemen, please recognize Rotary's newest Paul
Harris Fellow.
(Applause.)
MR. DAHLSTROM: Now it's back to work. Thank you-all for
your indulgence.
MR. MUDD: Real quick -- and I will be quick. I won't say
goodbye. What I will say is thank you very much to all the
international rotaries, to John Smarge, and for the nine rotaries in this
particular area for this wonderful honor. And boy, was it a surprise.
Leo, you and I are going to talk after this is over.
MR. OCHS: It's Judy's fault.
MR. MUDD: But it's, indeed, an honor. Something that I will
cherish for the rest of my life. Thank you very much.
(Applause.)
MR. MUDD: Did we fix the noise, Leo?
MR.OCHS: Yes, sir. Good to go.
COMMISSIONER HENNING: That was annoying, wasn't it?
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September 15, 2009
MR.OCHS: Yes, it was.
MR. MUDD: You want to do the next public petition?
MR.OCHS: Yes.
Item #6A
PUBLIC PETITION REQUEST BY JIM GAITENS TO DISCUSS
BEER SALES AT SUGDEN PARK FOR THE NAPLES
INTERNATIONAL FESTIVAL - MOTION TO APPROVE AND
TO HAVE STAFF MOVE FORWARD - APPROVED
Madam Chair, that takes us to Item 6 on your agenda, public
petitions. Your first public petition is 6A and that's a request by Jim
Gaitens to discuss beer sales at Sugden Park for the Naples
International Festival.
MR. GAITENS: Good morning, and thank you all very much.
My name's Jim Gaitens. I'm a member the Naples International
Festival Committee, sponsored by the St. Peters the Apostle parish.
I hope you've had an opportunity to read my May 15 letter. Is
that part of your package? Thank you.
The letter requests the use of Sugden Park, and I request to sell
beer at this event. I've met several times with the Sugden Park
manager and discussed in detail what's involved with renting the park
for our festival.
On August the 19th I met with the Parks and Recreation Board,
and they voted to approve our request. I'm here today seeking your
approval as well. This will be our second international festival and
one we feel will become an event for mean years to come.
Last year's festival was especially successful for a first-time
event with attendees from throughout Collier County, including many
winter residents and visitors. We did offer beer at that event, and we
feel we need this important revenue component to contribute to the
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September 15, 2009
financial success of the festival.
In the longer term we expect this festival to grow and become a
premier event celebrating the ethnic diversity of our community
through food, music, dance, and crafts. We feel that Sugden Park
could become a regular site for this event.
Thank you, and I'll be happy to answer any questions you might
have at this time.
CHAIRMAN FIALA: Commissioners? Anything? Would you
like to bring this back?
COMMISSIONER COLETTA: Yes, very much so. I think it's a
simple request that maybe we can just direct staff to move forward. Is
this something we have to bring back, Mr. Klatzkow?
MR. KLATZKOW: No, you don't. You can simply direct staff
to move forward if that's your choosing.
COMMISSIONER COLETTA: Do you want it in the form of
motion or --
MR. KLATZKOW: It would be helpful.
COMMISSIONER COLETTA: I make a motion that we
approve the petitioner's request.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second to approve the petitioner's request.
Do I have any further discussion from any board members?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay. That's a 4-1 vote.
Page 34
September 15, 2009
MR. GAITENS: Thank you, Madam Chairman and members of
the board.
Item #6B
PUBLIC PETITION REQUEST BY JANET NEBUS TO DISCUSS
LDC REQUIREMENTS FOR TRAVEL TRAILER!
RECREATIONAL VEHICLE CAMPGROUNDS - MOTION TO
MAKE CHANGES TO THE LDC AND ALLOW PERMITTING
TO OCCUR AT THIS TIME - APPROVED
MR. MUDD: Commissioner, the next public petition is 6B. It's
a request by Janet N ebus to discuss the LDC requirements for travel
trailer recreation vehicle campgrounds.
Ms. N ebus, if you could come forward.
MS. NEBUS: Good morning. I got laryngitis last week when I
found out I was going to speak and I started making phone calls.
I'm Janet Nebus White, and this is my mother Ivy Jean Joanne
N ebus from Rock Creek R V Resort. Weare petitioning the county
commissioners to amend the Land Development Code regarding the
TTRVC uses of allowable spaces for park trailers. It limits all units to
a maximum of 480 square feet; however, the Florida Statutes 23,
Chapter 320, defines a park trailer as -- does not exceed 400 square
feet constructed to ANSI standards and 500 square feet when
constructed to HUD standards. The HUD or United States
Department of Housing and Urban Development standards designate
our area as wind zone three. These federally mandated units have
sheer walls, better insulation, double-pane glass, more strapping or
tie-downs. A HUD unit can have from 22 to 26 tie-towns going along
the sides versus and ANSI unit that may only have three on each side,
so that would be six to eight tie-downs. They are built to much stricter
code.
Page 35
September 15,2009
No RV trailer is allowed on a site that it will not fit on. We abide
by county setbacks, and through the permitting process, all this is
checked out by the county.
Because the HUD units are better built products, these are what
most people would like to buy. Most of these models that they sell as
HUD units are over the 480 square feet, just under the 500 square feet.
The LDC code goes back to 1989. Back then RVs were much
smaller. The 25-foot unit was very large. Now, 20 years later, Florida
Statutes Section 316.515 on the maximum width, height, and length of
motor vehicle says a motor home will not exceed 45 feet, a bus or
motor coach, 50 feet.
The baby boomers are visiting, and they are looking for a place
to relax, have fun, retire. They're driving their 40- and 45-foot motor
homes with four slide-outs.
After visiting, they'd like the convenience of a park trailer so they
do not have to travel back and forth with the unit. By installing park
trailers, we are helping the economy. We're applying for permits,
we're using AC, engineering, plumbing, electrical, aluminum
contractors, and we have a wide variety or retirees and overnighters
coming from all over the United States, even Europe in the
summertime. They're from all walks of life; farmers, businessmen,
owners, doctors, mailmen, teachers; many of them are veterans.
Weare fond of R Vers, as they are good people and they have
good values. They're here to spend their money and have a good time.
They golf, tennis, frequent eating establishments, shop, and are
consumers of many services and products, helping the economy to
grow.
We need to be able to compete for the business with other
counties, and to do that, we need the square footage for the TTR V s to
be amended from 480 square feet to match that in the state statutes of
500 square feet.
Talking to my Chariot dealer in Ocala, he did not know of a, you
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September 15, 2009
know, any other counties that had the 480 square feet. I called Lee
County, and they do not have a 480-square-foot rule.
Weare a small family business that has owned the property on
the corner of Airport Road since 1950. We've been in business at the
present camp grounds and RV resort for 33 years. We have an RV
dealer's license, and we park trailers for clients choosing Naples as an
end-destination vacation spot. We're licensed by the DMV. Park
trailers are R V recreation vehicles. We're only talking about 20
square feet, but this small amount makes a big difference when it goes
from an ANSI unit to a HUD unit.
We thank you for this opportunity to speak, and we appreciate
your consideration in helping to amend the LDC for us.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yes. I'd like to have Joe Schmitt
come up to the microphone if possible. I'm somewhat disturbed here
in that I thought that this was to open up the larger R V s to park at the
park, and I believe from what I hear, this is to install permanent
trailers on the site. And I'm not sure if that's considered an RV park.
Can you clarify this?
MR. SCHMITT: For the record, Joe Schmitt, your administrator
of community develop, environmental services division. The 480
square feet is for a park model. A park model, in essence, is a
vacation resort cottage. It means it can move but it needs to be
hooked up to water/sewer, so -- and it normally stays as
semi-permanent. So this is not a big issue. It's not an issue at all.
As stated -- and I appreciate the research, great research that was
done on this. And I know Ms. Nebus has been talking to my staff as
well. We have no problem with changing the code. We just need
your direction. The 480 square feet's been around for years. It was
prior -- probably preceded -- the best we know, it preceded the HUD
standards. The 500 square foot is a trailer that is suitable for the site.
It does not impact the site in any way as far as setbacks or any other
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September 15, 2009
type of impact on neighboring units, and so it should not be an issue.
COMMISSIONER HALAS: Okay. Even considering that it's
permanent because they are -- they have tie-downs in regards to this?
MR. SCHMITT: Well, most park trailers, I guess for lack of a
better term, are somewhat permanent. You can move them from park
to park. I mean, they don't have a self-contained sanitary system or
water system. You just can't pull up anywhere and operate. They
have to be hooked up to a sanitary service, correct? I mean, from a
standpoint of -- and they're normally left on site where folks come
down year after year and then stay temporarily in those park models.
I mean, there are several different classes, different classes,
different categories of R V s, and this smaller model is a simple version
simply stated as a park model. Again, we can include that in this
series of LDC amendments if you so direct.
COMMISSIONER HALAS: Okay. Thank you.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I was going to say, this is
a small item. I think what we need to do is, I'll make a motion that we
direct staff to change the ordinance, and in the interim time, to --
MR. SCHMITT: Allow.
COMMISSIONER COLETTA: -- allow this to take place. I
mean, it's a small-potato item. I don't think it's worthy of a
tremendous amount of discussion.
COMMISSIONER COYLE: I second the motion.
CHAIRMAN FIALA: Oh, okay.
MR. SCHMITT: With that direction, we will issue permits
pending the change of the LDC as these things come in for permit.
COMMISSIONER COYLE: Yeah.
MR. SCHMITT: Fine.
CHAIRMAN FIALA: Okay. So the motion is on the floor
before further discussion, made by Commissioner Coletta, seconded
by Commissioner Coyle. And we move on to -- that was all you
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September 15, 2009
wanted to say?
COMMISSIONER COLETTA: That's -- just as long as we
understand that we're allowing the use now.
CHAIRMAN FIALA: Yes.
COMMISSIONER HENNING: Correct.
COMMISSIONER COLETTA: Okay, fine.
CHAIRMAN FIALA: That was very clear.
Commissioner Henning?
COMMISSIONER HENNING: Just real quick. You know,
things change, industries change. We no longer have Pontiac, so we
need to change that out of the Land Development Code, too. So I
appreciate you bringing that to our attention.
MS. NEBUS: Thank you.
CHAIRMAN FIALA: And Commissioner Coyle?
COMMISSIONER COYLE: That's all I wanted to say is it
makes sense to change it, so let's change it.
CHAIRMAN FIALA: And I would just add, the better --
COMMISSIONER COYLE: And take those Ponties out too.
CHAIRMAN FIALA: Okay. And safety is wonderful. I mean,
this is something else that happens along the way.
So with that, 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.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: That's a 5-0, thank you.
Page 39
September 15, 2009
Item #6E
PUBLIC PETITION REQUEST BY MARCIA CRAVENS TO
REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS
RECONSIDER AND REVERSE ITS ACTION TAKEN ON
AGENDA ITEM #10D ON JUNE 23. 2009 - PRESENTED
MR. MUDD: Commissioner, your next public petition is 5C and
5D. They are going to be heard at 2:30 p.m.
That would bring us to the next public petition -- excuse me. I
said 6C and D and this is -- I said 5, it's really 6 public petition. It will
bring us to 6E, which is a public petition request by Marcia Cravens to
request that the Board of County Commissioners reconsider and
reverse its actions taken on agenda Item 10D on June 23,2009.
What I'd like to bring to your attention real quick on this
particular item -- because this public petition is contrary to your
particular ordinance that you have, your reconsideration ordinance
that the board has on this particular item. Normally, reconsideration
on a regular agenda item is brought forward by a commissioner that
voted with the majority. In this particular case, this did not happen.
If it's a land use item, then it can be brought forward by the
petitioner, and that did not happen because it's not a land use item.
But if you -- if you'll notice in my letter under 6E to Ms.
Cravens, please be advised that you are scheduled to appear before the
Collier County Board of Commissioners on September 15th regarding
the above-referenced subject. Please understand that your public
petition request falls outside the established policy of the Board of
County Commissioners concerning the reconsideration of a matter
already voted upon.
So I just want to make sure that I -- that I notified the petitioner
of the particular issue, that you were notified based on your read of
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September 15, 2009
this particular agenda. This does fall outside of your reconsideration
ordinance on the particular item.
One of the other things that will probably come to your attention
as we discuss this particular item today is on September 10, 2009, Mr.
McAlpin received a letter from the Department of Army, Jacksonville
District Corps of Engineers, and it basically -- and it basically clarifies
the requirement -- it basically clarifies what the continuing
requirement is. This says, Dear Mr. McAlpin. And this is from a
David S. Hobbie, who's the chief of regulatory division, and the Corps
district basically is -- it oversees all of their permits and permits --
permit requirements.
And I shall read. Dear Mr. McAlpin, I refer to your inquiry
received by this office on September 8, 2009 . You requested
clarification of special condition two of the Department of Army
permit number 199602789 issued August 11, 1998, okay, 1998.
The permit authorized replacement of the Seagate Drive culverts,
dredging of the Clam Bay main channel for cuts one, two, three, and
four, and excavation and maintenance of the interior tidal creeks.
The proj ect is located within Clam Bay and the Gulf of Mexico
in Sections 4, 5, 8, 9, 32, and 33, Township 49 south, Range 25 east,
Collier County, Florida.
It's indicated in our letter dated March 2, 2009, special condition
two of the permit required compliance with the components and time
frames specified within the Clam Bay Restoration Management Plan.
The plan required the installation of navigation markers on the main
canal to ensure watercraft do not operate outside the channel. In
addition, the markers must meet U.S. Coast Guard standards for signs.
I hope this information clarifies any confusion associated with
the conditions to the Department or the Army permit. Sincerely,
David S. Hobbie, Chief Regulatory Division, Jacksonville division.
And we just got this particular letter, but it pertains to this particular
petition. So that's an update on everything we have.
Page 41
September 15, 2009
CHAIRMAN FIALA: Thank you, Mr. Mudd.
MS. CRAVENS: Good morning, and thank you for the
opportunity to speak with you. I did try and learn some new
technology and created a PowerPoint presentation. It doesn't seem to
be working with this hookup; however, I do have the PowerPoint as
overheads as well just in case. And so I'll just proceed from there if
you'll bear with me, please.
On June 23rd of this year, the commission had an issue before it
to approve installation of lateral aids to navigation in the Clam Pass
system as recommended by their staff.
What drove this approval for this -- for these kind of markers, a
belief that they were required by the 1998 joint coastal permit and
complaints by Seagate residents that the county is actually in violation
of that permit. Additionally, there have been complaints by the
Seagate residents for water safety.
So I'm here today -- my intent is to shine a little more clarity on
the issue. There is no factual support that lateral aids to navigation are
a 1998 permit requirement. Communications from permitting
agencies indicates they have no such requirement. Non-lateral aids,
which are mariner warnings, such as caution, shallow water, shoaling
present, things like that, are informational signs, are compliant with
the permit requirements.
Lateral aids to navigation in Clam Pass waters will actually
reduce safety for all users. That includes people with powerboats,
kayakers, swimmers, people such as myself who just, say, take my
grandson down there and we play.
Those who passively recreate in Clam Pass waters are the most at
risk when you install the lateral aids.
This is an image from the original 1979 permit which allowed the
development of Pelican Bay. There's a thick line right here. That
shows the extent of the wetlands, and that's the important thing to keep
in consideration here. The whole reason that this was made to be set
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September 15, 2009
aside for conservation and preservation is because it's important
wetlands and it's meant to be preserved and protected.
When I first started hearing about problems and complaints that
we needed to install some sort of major navigational aids in a system, I
started making inquiries about it. I spoke with people at DEP, at the
Corps, FWC, in every level of government that I could to inquire, why
would this situation be where such types of markers were being
required in such a shallow ephemeral dynamic waterway that people
enjoy for passive recreation?
I had a teleconference with Dr. Raia, Marty Seeling of
Tallahassee DEP, and Donald Kinard of the U.S. Army Corps of
Engineer from Tallahassee -- I'm sorry -- Jacksonville, all participated
in this teleconference in March of this year. Also Lainie Edwards,
who is on maternity leave, she joined us as well.
During that teleconference, every participant indicated that lateral
aids to navigation were not required in the Clam Pass system. And
Mr. Kinard indicated he thought it was a bad idea. He had looked into
it, and he saw how shallow the waters were and that it was a natural
resource area.
However, when I tried to indicate this information at various
public meetings, I was flatly rebutted, and it was kind of a
he-said-she-said situation.
So I invited Mr. Kinard to come here locally and make a
presentation in public to be heard in public so that there wouldn't be
any further dispute about what the Corps had to say about it.
Mr. Kinard came to a Pelican Bay Services Division meeting in
May of this year, and these are his statements at that meeting. He is
asked by members of the PBSD about a letter in -- earlier that month
from Donald Kinard indicating navigation markers needed to be
installed. Somebody had been complaining they hadn't been installed.
So Mr. McElwaine indicated -- he says, the letter indicated that
the plan does call for markers of some sort.
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September 15, 2009
Mr. Gravenhorst asks -- tells him, we have markers now.
Mr. McElwaine says, I understand that.
Gravenhorst: But has anyone told them, meaning the county,
that they had to put in Coast Guard markers?
Mr. McElwaine responds, there are a lot of different kinds of
markers.
Mr. Gravenhorst from PBSD, you have not told the county that,
have you?
Mr. McElwaine: We have not told them specifically a type of
marker that had to be in place.
Then Mr. Moffatt says, Donald Kinard's letter of March 2nd
specifies Coast Guard markers.
Mr. McElwaine says, it says Coast Guard-approved markers.
Like I said, we have informational signs that are manatee markers,
seagrass markers, and those are also Coast Guard-approved markers.
So there are a variety of terms that they use to notice mariners and
kinds of markers.
That ended up getting followed up to the Pelican Bay Foundation
because there seemed to still be a dispute and a misunderstanding of
permit requirements. The foundation had written a letter to Mr.
Kinard asking for clarification.
And Susan Blass has become the point person out of the Fort
Myers office. She indicates that she is writing this letter of June 9th of
this year as a clarification to those letters. She indicated that the
Corps position is that aids to navigation as well as water dependent
informational signs meet the requirements of the permit, that that
includes the -- even the canoe trail.
There was still misunderstanding about what the permit
requirements were. Dr. Raia of the Pelican Bay Services Division
pursued this matter and he inquired further of Ms. Blass, and he asked
her as well, would you please further clarify what the permit
requirements are?
Page 44
September 15, 2009
Susan Blass of the Fort Myers Coast Guard -- I'm sorry -- United
States Army Corps of Engineers responded to his questions. Yes, the
placement of non-lateral information signs and the canoe trail markers
by the Pelican Bay Services Division does satisfy the requirement
referred to in the Department of the Army permit. No, the Corps
definition of navigability does not require the placement of lateral
navigation signs that denote safe passage as defined by NOAA for
navigability .
And I just want to point out -- actually there's another page, I'm
sorry. On the -- at the end of the letter to the foundation, Ms. Blass
indicates, no further action is required by the Corps.
This follows the same type of information that we have already
received from the DEP. Last year Lainie Edwards of Tallahassee
wrote a Memorandum of Interpretation about this very issue. In this
letter or this memorandum to Mr. McAlpin dated June 9, 2008, Lainie
Edwards indicates, the joint coastal permit does specifically address
slgnage.
Markers that the Bureau of Beaches and Coastal Systems
requires in the past through specific (sic) condition 5 which discusses
ten signs required to be installed in specific locations to protect the
natural community as well as the boating public.
I'm sorry, it would have moved a little smoother as a PowerPoint.
And the last thing that she indicates on her memorandum is the
required signage intended by the permit is specified within the permit.
It is clear the intent of the permit was environmental enhancement
rather than navigational enhancement.
From the department's standpoint, the installation of the U.S.
Coast Guard navigation markers are not a specific requirement of this
permit, and signage required in special condition 5 of the permit
would address the department's environmental enhancement concerns,
thus it does not appear that additional signage would be necessary.
Enter an email from Chief Embres, Chief Joseph Embres of the
Page 45
September 15, 2009
United States Coast Guard.
CHAIRMAN FIALA: Excuse me, Mrs. Cravens, your time is
up.
MS. CRAVENS: Oh, I'm sorry. I'm almost done. I would just
like to point out a couple of things.
CHAIRMAN FIALA: Ma'am, your time really is up.
MS. CRAVENS: Okay. May I summate?
CHAIRMAN FIALA: You know what, I'll give you 30 seconds.
MS. CRAVENS: Yes, ma'am.
CHAIRMAN FIALA: Thirty seconds.
MS. CRAVENS: In essence is, the lateral aids to navigation
have never been required in the Clam Pass waters. They make all the
users less safe. It was a misunderstanding by staff that it was a permit
requirement. I'm asking for the commission to rej ect this, to instead
consider alternative ways to mark the waterways that will keep all
users safe. We also do not know the fiscal impact that this will have.
Thank you.
CHAIRMAN FIALA: Thank you.
Commissioner Coletta?
COMMISSIONER HALAS: No, Henning.
COMMISSIONER HENNING: Commissioner Henning.
CHAIRMAN FIALA: Oh, I'm sorry, Commissioner Henning.
Excuse me.
COMMISSIONER COLETTA: I thought my mind was slipping.
CHAIRMAN FIALA: I read your name.
COMMISSIONER HENNING: It is, but that's a side point.
Well, obviously we have a correspondence. Excuse me.
CHAIRMAN FIALA: Sorry.
COMMISSIONER COLETTA: That's okay.
COMMISSIONER HENNING: Obviously we have a different
correspondence, but we were told that the -- in our July meeting that
the County Manager's Office has correspondence with the Corps to --
Page 46
September 15,2009
Corps of Engineers to get some clarity on that. The correspondence
from county staff is dated September 6th. So now that we have that
correspondence, I guess it's moot with the public petition.
But since we have other correspondence from the county, I
would like those correspondence, including but not limited to
lobbyists or consultants to the Corps of Engineer the county hired.
Would that be a problem getting that information?
MR. MUDD: No, sir, not a problem at all. I don't think we had a
lobbyist talk to the Corps of Engineers. I requested clarification from
Ms. Blass based on her comment. What I found out is she was
temping the office over the summer, so she might have been a little
over -- she might have been a little over her head. But in -- the request
that I had from Ms. Blass was to clarify her particular issue. Did not
receive any response, and then we went to the chief of regulatory
division and basically said, could we please clarify one of your
subordinate's statements in this particular regard as far as this permit is
concerned, because right now based on statements and emails from
your staff at certain times, this community's all over the place. And
you have conflicting direction and/or opinions depending on who calls
or who threatens the staff members. And when I say threatens, there's
emails out there that basically threaten IG investigations by a certain
member of this community. And at that particular juncture, things
start to unravel as far as that staff is concerned.
But I will tell you, the letter from Mr. David Hobbie, the chief of
regulatory division, does not leave any leeway as far as what the
requirements are concerned -- the requirements that we have for the
permit as far as navigational markings are concerned in order to
maintain that particular permit and/or to sunset it within this year.
Yeah, no problem, sir. I'll get you copies of everything that's out
there.
COMMISSIONER HENNING: Thank you.
CHAIRMAN FIALA: And Commissioner Halas?
Page 47
September 15, 2009
COMMISSIONER HALAS: Yeah. I believe that this
correspondence dated September 10, 2009, makes it very clear that in
order for us to fulfill the obligations of this permit that was pulled in
1998, it basically says that you will conform to what was put in the
permit and that this has to be carried forth and taken care of, and
hopefully we can close this matter as of today.
CHAIRMAN FIALA: And Commissioner Coyle?
COMMISSIONER COYLE: It's all irrelevant. This is not the
way to get a re-consideration anyway. So I -- it was a rehash of
everything we've heard over the past year. Still a repetition of the
same arguments we've had and the failure to recognize that there is
very specific information which supports the recommendation we
made.
So -- but that's all irrelevant, because this is not the way to get a
reconsideration. So we can't do anything with it anyway.
CHAIRMAN FIALA: Thank you.
Okay. With that, we're going to go on a break. Oh, we're going
to go on a break for -- and we'll come back --
COMMISSIONER COYLE: An hour.
CHAIRMAN FIALA: -- at 10:43.
COMMISSIONER COLETTA: Wow.
CHAIRMAN FIALA: I'm giving you two extra minutes, so
enJoy.
COMMISSIONER COLETTA: Take a look at the clock. Now
it's one extra minute.
CHAIRMAN FIALA: Oh, now it's one extra minute.
(A brief recess was had.)
MR.OCHS: Madam Chair, you have a live mike.
CHAIRMAN FIALA: Thank you very much.
Now we move to Item 9, or to Section 9.
Item #9 A
Page 48
September 15, 2009
RESOLUTION 2009-214: REAPPOINTING WILLIAM
SILVESTER, JOHN MELTON AND RANDY ANDERSON TO
THE BOARD OF BUILDING ADJUSTMENTS AND APPEALS -
ADOPTED
MR.OCHS: Yes, ma'am. The first item is 9A, and that is
appointment of members to the Board of Building Adjustments and
Appeals.
CHAIRMAN FIALA: Sorry, fellows. I didn't wait till you were
seated, and I should have done that.
COMMISSIONER HENNING: Madam Chair, I make a motion
to appoint William Silvester, and John Melton, Randy Anderson to the
Board of Zoning Appeals.
CHAIRMAN FIALA: Do I hear a second?
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay. All those in favor, signify by
saYIng aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
Item #9B
APPOINTMENT OF MEMBER TO THE IMMOKALEE
ENTERPRISE ZONE DEVELOPMENT AGENCY - MOTION TO
RE-ADVERTISE FOR THIS POSITION - APPROVED
Page 49
September 15, 2009
MR. OCHS: 9B is appointment of member to the Immokalee
Enterprise Zone Development Agency.
COMMISSIONER COLETTA: Madam Chair, I make a -- I
suggest we follow the committee's recommendations and re-advertise.
COMMISSIONER HENNING: Second the motion.
CHAIRMAN FIALA: Okay. All those in favor, signify by
saYIng aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
Item #9C
RESOLUTION 2009-215: APPOINTING RANDY ANDERSON,
CHRISTIAN DAVIS AND STUART WARSHAUER (AS
ALTERNATE) TO THE AFFORDABLE HOUSING ADVISORY
COMMITTEE - ADOPTED
MR.OCHS: 9C is appointment of members to the Affordable
Housing Advisory Committee.
COMMISSIONER HALAS: I make a motion that we go with
the committee's recommendation of Andy Anderson -- or Randy
Anderson, Christian Davis, and Stuart Warshauer as the alternate.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: And I have a second on that. Any
discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
Page 50
September 15, 2009
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
Item #9D
RESOLUTION 2009-216: APPOINTING JILL KOBE TO THE
PELICAN BAY SERVICES DIVISION BOARD - ADOPTED
MR.OCHS: 9D is appointment of member to the Pelican Bay
Services Division Board.
COMMISSIONER HALAS: Motion to approve Jill Kobe for
community -- or excuse me -- commercial property.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. Motion and a second. All those in
favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Okay.
Item #9E
RECOMMENDATION THAT THE BOARD OF COUNTY
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September 15,2009
COMMISSIONERS ESTABLISH A CONSISTENT POLICY
CONCERNING THE LEASING OF COUNTY PROPERTY TO
NOT-FOR-PROFIT ORGANIZATIONS - COUNTY ATTORNEY
TO REVIEW AND BRING BACK A STANDARD LEASE
POLICY
MR.OCHS: 9E is a recommendation that the Board of County
Commissioners establish a consistent policy concerning the leasing of
county property to not- for-profit organizations. This item was placed
on the agenda at Commissioner Coyle's request.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Okay. Madam Chair, I requested
that this be placed on the agenda after a review of the leases which we
have signed with nonprofit corporation -- organizations throughout
Collier County. And I found there's a wide variance in the terms and
conditions and the charges that are made to nonprofit organizations for
the use of community property.
We have leased property for the children's museum. We have a
Senior Friendship Center using the Golden Gate Library facilities. We
have the Naples Zoo, we have museums. We have lots of other
organizations, not- for-profit organizations, using county property with
no standardization concerning how we -- what the terms should be.
So I am suggesting that we ask the County Manager or, I'm sorry,
the County Attorney to develop a standard policy which will be
applied evenly to all not-for-profit organizations, and change the
leases accordingly.
CHAIRMAN FIALA: Okay. I -- Commissioner Henning.
COMMISSIONER HENNING: Yeah. It sounds reasonable to
me. But in those leases there are certain conditions within those
leases. I'm assuming, Commissioner Coyle, you're just talking about
the -- like a dollar -- dollar a year for 99 year type monetary stuff?
COMMISSIONER COYLE: No. There's some major variances
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September 15, 2009
in term. Some organizations that are being asked -- or being allowed
to use the land are investing large sums of money developing capital
improvements. I mean, the children's museum is an example.
COMMISSIONER HENNING: Right.
COMMISSIONER COYLE: And certainly the Naples Zoo is
another example. So they spend money developing these facilities but
yet they might have a relatively short term to the lease. What would
happen if we just yanked the lease at some point in time and they've
invested all this money? In many of these leases, the capital
improvements become the property of the county.
So if we're going to do that, we need to have the period of the
lease long enough to justify the expenditure of creating the capital
improvements on the land.
So I would suggest that we ask the County Attorney to take a
look at these leases and see if he can determine a standard that can be
applied to almost all of these, and then we provide the option for any
of the leaseholders to renegotiate the lease in accordance with those
standards.
I wouldn't say that we need to force them to do it, but if they
wish to do it, they could take advantage of any favorable terms that
might come out of the standardization process.
COMMISSIONER HENNING: Right. But nothing above what
you have just stated? You know, my concern is, there are certain
conditions, certain performance conditions under the lease.
COMMISSIONER COYLE: Yeah, there -- well, it's more
complex than that. But it you're talking about the boilerplate that
protects the county with respect to liability and things like that, I'm not
planning on -- suggesting we change all that sort of stuff. But I would
just like to see us take a look at the lease term, the lease rate, and
probably limit it to that.
COMMISSIONER HENNING: Okay. We're on the same page
then.
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September 15,2009
COMMISSIONER COYLE: Okay.
COMMISSIONER HENNING: Thank you.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: The things that I would have
concerns with -- and I'm not sure if this is direction that we're trying to
give the County Attorney direction on, and that is, a lot of these
groups don't have any funding as such, although there is one group
that is presently modifying a building in Golden Gate City to
accommodate their needs. I have a concern, if these organizations
charge a fee for people to come to those areas and then want to have a
reprieve on some of their leases, I don't think that's fair. But I think if
it's an organization, let's say, of older people that get together and have
card games and all they do is pay for the lights or whatever -- and it's
not whether you call it profit or nonprofit -- that's my concern, that
some of these groups be treated as a public group that meets regularly.
But any organizations that are out there and have an annual due
or have annual fees or charge an entrance fee for their -- for their -- for
their property, I have some concerns over that one. Thank you.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, there's numerous examples
out there, just so the public knows what we're talking about. Naples
Zoo would be one, the Senior Center that Commissioner Halas
referred to is another one.
COMMISSIONER COYLE: It's Commissioner Coyle, please.
COMMISSIONER COLETTA: Commissioner Coyle, forgive
me.
COMMISSIONER COYLE: Thank you.
COMMISSIONER COLETTA: Children's museum. And every
one of these, I don't think there has been a standard; is that correct,
Mr.--
MR. KLATZKOW: No. They're all over the place.
COMMISSIONER COLETTA: And what they were done is,
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September 15, 2009
they were borne out of necessity for at that point in time for what was
actually taking place. And trying to come up with one size fits all
may never work.
I know -- I have no problems with coming back with ideas, but I
don't want them limited to a narrow scope. I'd like to be able to hear
what was the possibility so we don't put ourselves in a box and we
don't give away the county store.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. The issue here is, does the
organization perform a public need? That's the primary criteria. It's a
nonprofit organization that provides a valuable service to the people of
Collier County. How they get their funding is entirely up to each of
the organizations, and I wouldn't want to restrict them concerning the
manner in which they raise their funding.
But the intent of leasing this property to any of the nonprofits
should not be for us to derive money from their operations. It should
be to serve the people of Collier County. And whether we're talking
about the Naples Zoo or we're talking about the children's museum or
the Senior Friendship Center, we are talking about organizations that
serve the people of Collier County. And we should not be trying to
make a profit off of that.
So that's the purpose, I think, of this exercise, to establish some
standard so that when we have an opportunity to renegotiate the leases
or if we negotiate a lease with the next organization, we're not treating
them differently than other people. And, quite frankly, the Naples
Zoo has been treated quite differently than anybody else, so I think we
need to do something about that.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. And I think this is a
worthy discussion, I really do. I don't mind bringing it back. But
once again, I want to make sure the directions we give the County
Attorney are -- encompass a wide range of subj ects so that when we
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September 15, 2009
come back here we haven't clearly defined what we want -- we don't
want to define it to the point that we don't know what the other options
are.
There's differences in these organizations. Forgive me, some of
them are well-endowed and they're doing a wonderful job. The Marco
Museum that's coming online that's going at the library property out
there is a wonderful example. They've come up with the money to be
able to build the building and everything else to be able to get it in
place. And I'd hate to change anything on what's taking place there
where we have to come up with county funds to do it.
The zoo originally started out as a for-profit-type entity, and
they've morphed into something a little bit more that's nonprofit. Yes,
their make-up has changed slightly. They're still a profit organization
that's making a profit.
I do think we have to put these things together, one, to be able to
recognize the needs of these nonprofits that come out for a service to
the community, but also protect the integrity of the taxpayers.
CHAIRMAN FIALA: Okay. And I'll jump in here and say, I
think what I hear from everybody is, they just want it to be fair, and
we would like to have the county bring back something that would be
fair to all of these organizations who serve our community. And I'm
in agreement with that, bringing it back, come up with something that
we can all consider.
Commissioner Halas?
COMMISSIONER HALAS: Okay. I think Commissioner
Coletta said it very eloquently in regards to what we need to address
here. My concern is that if there are groups out there that aren't
paying their fair share, they need to step up to the plate, whether
they're profit or nonprofit, that come before the county because of the
budget crisis. And I'm not in a position to relinquish any funding that
is -- was negotiated in prior years in regards to someone that needs to
address that issue. So--
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September 15, 2009
CHAIRMAN FIALA: Okay. So do I have --
COMMISSIONER HALAS: I'll bring it back, but like I said, I
want to make sure that if there are groups out there that aren't being
assessed and they are charging a fee, then they need to step up to the
plate, okay, because we're obviously giving them land or whatever
else that belongs to the taxpayers.
CHAIRMAN FIALA: Okay. So do I need a motion then to
bring it back? I've heard three -- three, four --
COMMISSIONER COLETTA: If I may help, I think we ought
to just leave it as direction. Let them go through the minutes of the
meeting. They can decipher what we're looking for. Because I mean,
it's -- we could be 15 minutes trying to describe it, and I think we've
already covered it.
COMMISSIONER HALAS: Yep.
CHAIRMAN FIALA: Okay. Commissioner Coyle?
COMMISSIONER COYLE: What are we asking the County
Attorney to do?
COMMISSIONER HALAS: To look at this and give it a fair
shake and then bring back something to us in regards to how the
operation of each of these nonprofits is working. And if there's some
nonprofits that aren't paying their share or haven't -- we haven't
negotiated a contract with them, then I think we need to sit down with
them and see what is favorable.
COMMISSIONER COLETTA: Well, if I may, I think the
direction goes a lot past that. That's part of it.
COMMISSIONER HALAS: That's part of it.
COMMISSIONER COLETTA: The whole thing is, is consider
everybody's concerns up here. And when you bring back a report,
maybe having different options that we can look at and taking all these
concerns into consideration when you start to make a report back to
us, rather than keeping the scope narrow, one direction or the other.
MR. KLATZKOW: I understand.
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September 15, 2009
COMMISSIONER HALAS: I could go along with that.
COMMISSIONER COYLE: If you understand what you're
supposed to do.
MR. KLATZKOW: No, I understand. I'll come back -- I'll come
back in executive summary, probably the first meeting in October,
putting together a standard form lease. That's the easy part. The
question is going to be policy considerations for the board, whether or
not you want this on a going-forward basis, whether or not you want
to offer this to existing users. You've got one in particular that pays a
large amount of rent compared to everyone else, and you'll need to
make a decision on that.
But I'll give the board alternatives. And I will not put this on
consent. It will be a regular agenda item for discussion purposes.
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: And if I could just add one thing.
Whatever the County Attorney brings back to us, I will continue to
challenge the concept that we are -- our purpose is to extract money
from nonprofit organizations that serve Collier County. That is the
wrong philosophy. If they are providing a service to the community,
then we grant them a lease according to the standard terms of the
lease, and we don't try to examine their sources of funding and require
them to contribute some duty to the Board of County Commissioners
to get that lease.
The criteria, very simply, is, does a nonprofit organization
provide services to the public which we think are beneficial? Yes or
no? Then we can negotiate a lease with them. I just categorically
reject the idea that we single out particular organizations from which
we will extract money that we then intend to use for other purposes,
and it just is not fair. So, nevertheless.
CHAIRMAN FIALA: And let me just add. The higher we ask
them to pay for rent or whatever on the land, the more they have to
charge for admission so the less they can serve the public. So you
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September 15, 2009
know, we have to keep that in mind, too.
I think if our rents are all fair -- and maybe they can't be exactly
equal, but reasonable, the public is the one that benefits.
COMMISSIONER COYLE: That's right. The public winds up
paying one way or the other.
CHAIRMAN FIALA: Yeah, that's right. Who else?
COMMISSIONER HALAS: Then as long as we can see a
decrease in what it costs people to go to these events, that would be
wonderful.
CHAIRMAN FIALA: Sure. Commissioner Coletta?
COMMISSIONER COLETTA: Just one side comment. I
thought Commissioner Coyle's presentation was absolutely excellent.
I'd like to borrow it and use it with inserting lime-rock roads in the
place of nonprofits and space for non-profits.
CHAIRMAN FIALA: Y es. We'll write that out for you.
COMMISSIONER COLETTA: Thank you.
COMMISSIONER COYLE: Well, we could include those in the
direction to the County Attorney.
Item #9F
RESOLUTION 2009-217: APPOINTING RICHARD RICE AND
RE-APPOINTING BYRON MEADE, MICHAEL KLINE AND
FRANKLIN SECREST; MOTION TO AMEND ORDINANCE TO
ALLOW FOR AN AL TERNA TE MEMBER - APPOINTING
FLOYD CREWS AS THE ALTERNATE MEMBER (PENDING
ORDINANCE CHANGE) TO THE COLLIER COUNTY AIRPORT
AUTHORITY - ADOPTED
CHAIRMAN FIALA: We move on now to the appointment of
members for the airport authority.
COMMISSIONER COLETTA: Madam Chair, I make a--
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September 15, 2009
MS. FILSON: Madam Chair, I have two speakers on this one.
COMMISSIONER COLETTA: I'm sorry. Speak up.
MS. FILSON: I have two speakers on this item.
CHAIRMAN FIALA: Okay. We'll hear from the speakers first.
COMMISSIONER COLETTA: Then I'd like to make a motion
if I may, please.
MS. FILSON: Jim Murray. He'll be followed by Michael Klein.
MR. MURRAY: Thank you. Good morning, Commissioners.
I'm Jim Murray, a member of the Collier County Airport Authority
Board.
At yesterday's board meeting, the members unanimously
reappointed Chairman Byron Meade and Vice-chairman Michael
Klein to their positions. These are two of our most experienced board
members, both businessmen with business degrees, and we need to
keep their leadership in place.
The third incumbent spent his career as a captain for United
Airlines responsible for flying 747 loads of people back and forth
across the Atlantic.
MR. KLATZKOW: Sir, may I interrupt you before you get
yourself in trouble.
This is a quasijudicial.
COMMISSIONER COLETTA: We're not supposed to make--
MR. KLATZKOW: Recommendations are not appropriate.
MR. MURRAY: Recommendations are not appropriate?
MR. KLATZKOW: They are not appropriate, sir.
MR. MUDD: Okay. In that case, thank you for the time.
MS. FILSON: The next speaker is Michael Klein.
MR. KLEIN: Thank you. Good morning, Commissioners.
Thank you for this -- just very briefly, since I'm up for reappointment.
I wanted to thank you for the opportunity to serve on the board, and
mostly I wanted to applaud the commissioners for their foresight in
creating and supporting these citizen boards where we have a lot of
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September 15, 2009
citizen service to, in this case, oversee the operation of the airports and
manage the airport development, and -- without encumbering or
burdening the taxpayers with another level of bureaucracy or whatever
might be involved with that, and we work under your authority, and I
wanted to thank you for the opportunity.
The other thing I wanted to give you this morning, which I hadn't
planned on, was a report from the frontier. As I drove in from
Everglades City this morning, I got here a little later than expected.
One of our local reptiles was out on the road, and a lot of people had
to stop and inspect him and see what he was doing out there.
Thank you.
COMMISSIONER COLETTA: Madam Chair, if I may, I'd like
to make a motion that we appoint Brian Meade, Michael Klein, Floyd
Crews, and Richard Rice.
COMMISSIONER HALAS: Second that.
CHAIRMAN FIALA: You know, I wanted to see Frank Secrest
continue because he's done such a fine job, and he was with United
Airlines, and I know he's been -- he's been a very moving part of the
airport authority.
COMMISSIONER COLETTA: Is he part of like Marco Island
or --
COMMISSIONER HALAS: No, he's in District 5.
COMMISSIONER COLETTA: Oh, yeah. Well, Commissioner
Fiala, I'd be happy to amend it if you would like where we have Brian
Meade, Michael Klein, who are two avid members --
CHAIRMAN FIALA: Yes.
COMMISSIONER COLETTA: -- that have been very, very
beneficial to the authority, and that we have Franklin Secrest?
CHAIRMAN FIALA: Yes.
COMMISSIONER COLETTA: And Richard Rice.
CHAIRMAN FIALA: Okay, fine. Okay. I'll second the motion.
I know Floyd Crews wanted to be on there, too. It would be nice if web
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September 15, 2009
had five or six positions, wouldn't it? This is just a --
COMMISSIONER COLETTA: Well, there will be more
positions coming up, and we'll be able to consider everybody again in
due time.
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: Can we have an alternate? This
doesn't provide for an alternate though, does it?
COMMISSIONER COLETTA: Can we create one on the fly?
MR. KLATZKOW: If you want to create one, I'll bring back the
ordinance, and --
COMMISSIONER COLETTA: Wonderful idea, Commissioner
Fiala. I'd like to see that happen.
COMMISSIONER COYLE: It was Commissioner Coyle,
please. Do I have to hold up a sign with my name on it down there?
COMMISSIONER COLETTA: Well, this is planned this way.
COMMISSIONER COYLE: There.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second and a request to bring back an ordinance. Is that what you
would have to bring back to create a position for an alternate?
MR. KLATZKOW: I'll amend the ordinance, yeah.
COMMISSIONER HALAS: Alternate would be Floyd Crews.
CHAIRMAN FIALA: Yeah. And the alternate would be Floyd
Crews then. Okay.
MS. FILSON: Okay. So we're going to appoint him today as an
alternate then.
CHAIRMAN FIALA: I don't know that we can do that without a
MR. KLA TZKOW: If you want, you can appoint him pending --
CHAIRMAN FIALA: Oh, good.
MR. KLATZKOW: -- pending your--
COMMISSIONER COLETTA: That would be fine, yes.
CHAIRMAN FIALA: Then you've got them all. Okay. Then I'll
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September 15,2009
second that.
Any further discussion?
(N 0 response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(N 0 response.)
CHAIRMAN FIALA: 5-0, good.
MS. FILSON: And Madam Chairman, I have a speaker for the
next item too, which is the Parks and Recreation Advisory Board.
CHAIRMAN FIALA: Okay.
MS. FILSON: Bart Zino.
MR. ZINO: Good morning, Commissioners. My name is Bart
Zino, and I am here to hopefully have my feelings, my strong feelings
for being a member of the Parks and Rec. Advisory Board brought
out.
I've been a member of this community for 11 years, and I've been
an involved member of this community. Community service is a big
part of my life, and I've made it a part of my children's life as well.
I think you've all run into me at various things, including the
Farm-City Barbecue and things for the junior deputies, as well as
other community service activities.
I'm here because -- to speak to you because I believe that one of
the issues in front of you will be the appearance of a potential conflict
of interest. I've worked for the same firm for 11 years that I'm here.
I've worked for Russell Budd all those 11 years as a general
contractor. I do occasionally bid on county work, no doubt about it,
and every once in a while, not too often, I win something and we work
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September 15, 2009
for the county.
In my two years or almost two years previous on the Parks and
Rec. Advisory Board, I can let you know that I have never voted on a
contract award. We just don't do that as part of what we do. I've never
recommended or we've never voted on a recommendation for award.
As public officers, everything that we do is fully dependent on
the sunshine laws and fulfills all of those requirements. There is never
anything that is not public record that is discussed.
I think it's important that you have a contractor on your advisory
board. Short of transportation, I think parks and rec probably has the
largest capital budgets -- although I don't know anybody who has a
capital budget left -- in the county, and in fact, probably my passion
and my objection to certain projects are probably what created the
interest in who I am on that board in the past, because I have been
known to vote down on projects. I am not a project hound.
You need a voice of construction experience when looking at --
when looking at the various proj ects that come before us, and I offer
that. I think that the potential of an appearance of a conflict of interest
is a pretty far stretch. And I think that if you look at all of your
boards, including past chair of your Planning Commission, that there
have been people of are a member of the business community and
active in the business community.
Unless everybody on a board is going to be retired, you're going
to eventually, occasionally, run into somebody who's involved in the
community and may have a little experience in the matters that are
brought before them to then come to you.
I'm passionate about what I do. I enjoy what I do, and I would be
very much obliged to be reappointed back on my Parks and Rec
Advisory Board.
CHAIRMAN FIALA: You know, Mr. Zino, I really appreciate
your passion for it. My big concern is, there's no one on here from
District 1 at all and has not been for many years. And now that we've
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September 15, 2009
finally got an applicant, and a fine applicant, I might add, I would
really like to nominate him for this position. His name is Phil
Brougham.
MR. ZINO: May I speak one second to that? No?
CHAIRMAN FIALA: I don't --
MR. ZINO: There is another opening that has come out that
came --
CHAIRMAN FIALA: Well, that's not on today's agenda. Thank
you.
MR. ZINO: Okay.
CHAIRMAN FIALA: Thank you.
MR. ZINO: Thank you, Commissioner.
CHAIRMAN FIALA: You wanted to speak to him?
COMMISSIONER COLETTA: Well, yes, to him, and to ask
some questions. I mean, I've researched this quite a bit, and I've
talked to numerous people that served on the -- not only served on the
advisory board itself, but different staff members, and they all speak
very highly of Brad (sic).
CHAIRMAN FIALA: Bart.
COMMISSIONER COLETTA: He has a lot to offer; I agree, so
does the person you're talking about. And it's important that we keep a
balance as far as who's on it and who isn't; however, we're here today
with Brad's name before us as the first recommendation from the
committee, and I -- and I'm more than willing to find out -- if there is
another opening, I would like to see that one of these two get it. I
think Brad would be a tremendous asset.
CHAIRMAN FIALA: His name is Bart.
COMMISSIONER COYLE: It's Bart.
COMMISSIONER COLETTA: Excuse me, Bart.
CHAIRMAN FIALA: That's not right.
COMMISSIONER COLETTA: But if I may point out to you, as
far as the argument goes over --
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September 15, 2009
COMMISSIONER COYLE: Bart.
COMMISSIONER COLETTA: -- the -- excusing ourselves for
issues that --
COMMISSIONER COYLE: Bart.
COMMISSIONER COLETTA: -- come before us -- I'm
supposed to call you Coyle now, and I can't believe this.
But in any case, today you had to excuse yourself on an item. In
the past we've all had to excuse ourselves from different -- for
different reasons, real or remote. We still had to be able to act like
that. So how can we ask our advisory boards to act any differently?
The whole thing is is that, you know, everybody has to keep an eye on
what they're doing to make sure they don't cross that line in the wrong
direction.
First question would be to Jeff Klatzkow asking if there's a way
that this could be put together that it wouldn't in any way be a
violation of our ordinances, and the second would be to parks and rec
to see if there's another opening coming up. And I would have no
problem, you know, with both of them getting on, you know, in
whatever order it happens, but I need to know that information.
MS. FILSON: There is another vacancy, sir. I had someone else
resign. I will be advertising that this Friday.
COMMISSIONER COLETTA: Okay. But going to your
question.
MR. KLATZKOW: To answer your question, this is a Florida
Statutory issue, not a county ordinance issue, and what the statute's
getting at is a status conflict. The statute's saying that you shouldn't
do business with the same agency that you're either employed with or
on a committee with, all right. And it's twofold reasons; one, because
they don't want that person there voting for contracts that would be to
their benefit, but the other one is, they're also voting against contracts
from their competitors.
That said, the statute does allow the Board of County
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September 15, 2009
Commissioners to waive the status conflict, and to do so would require
four votes from this commission. That would not relieve Mr. Zino to
abstain on any vote that his company would have before the advisory
committee.
So that in any event, if the board desires for him to continue on
this board by four votes, any issue that would directly benefit his
company, he would have to abstain from anyway.
COMMISSIONER COLETTA: Right.
MR. KLA TZKOW: So he's got the status conflict in that just
because -- just in his role of doing business with this agency, then he's
got the direct conflict when an item comes up that would benefit him.
COMMISSIONER COLETTA: Right, I understand. So he'd just
have to excuse himself the same way we excuse ourselves, correct?
MR. KLATZKOW: Yes.
COMMISSIONER COLETTA: Okay.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yes. I had discussion here with the
County Attorney on this, and I want to make sure that -- I can't vote
for this particular individual even though he's done an outstanding job
as -- because I just don't want to have anyone come and say that there
may be something that is not done correctly. And I want to make sure
that we, as commissioners, are not in a situation where it could cause
us a problem later on.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Well, we're kind of diluting
from the item on the agenda. But as long as we are, I guess I'll
participate in it.
The issue -- this is our advisory board. In the past this advisory
board and others do not make recommendation to the Board of
Commissioners on contracts, okay. So if our staff is, or the County
Manager's staff is doing that, stop, because they don't -- they don't do
that. And that's the only conflict that I see.
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September 15, 2009
If there's an award, a bid, for a project on your agenda and you
make recommendations to the Board of Commissioners because
you're our advisory board, not staffs advisory board, stop. Okay.
There's no conflicts.
Bart, there's no conflict.
MR. ZINO: There never are. Commissioner, we have never
reviewed or awarded or recommended anything to do with
contractual. Everything we look at is so far in the future. It's simply,
staff presents it to us, we say we like it, we don't like it, and then it
goes way beyond our ability to have any influence on it.
COMMISSIONER HENNING: Right.
CHAIRMAN FIALA: Okay. But getting back to what I
originally said --
COMMISSIONER HENNING: Getting back to that, if there --
you know, however it goes, Mr. Brougham, I would hope that he
would apply if he doesn't get it today. Bart, I hope that you apply
because I know your involvement with the park system and children is
very important that we have that on this advisory board.
MR. ZINO: Thank you.
Item #9G
RESOLUTION 2009-218: APPOINTING PHILLIP BROUGHAM
TO THE PARKS AND RECREATION ADVISORY BOARD-
ADOPTED
CHAIRMAN FIALA: Okay. So I would like to make a motion
again to nominate Phil Brougham to fill this position so we have
somebody representing District 1 on this committee.
COMMISSIONER HALAS: I'll second that.
CHAIRMAN FIALA: Thank you. And I have a second.
Any further discussion?
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September 15, 2009
COMMISSIONER COLETTA: Just one.
CHAIRMAN FIALA: Certainly.
COMMISSIONER COLETTA: I just want you to know that I
think they're two very capable people, and when it comes back again
for consideration, I'm going to take a serious look at --
CHAIRMAN FIALA: Bart.
COMMISSIONER COLETTA: Bart? He's got Coyle written on
the list over there.
COMMISSIONER COYLE: What are we going to do with
Brad?
COMMISSIONER COLETTA: Brad's his evil twin.
COMMISSIONER COYLE: We can create a, you know--
COMMISSIONER COLETTA: Make him an alternate.
COMMISSIONER COYLE: Alternate, okay. Make Brad an
alternate, okay.
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
Item #9H
RESOLUTION 2009-219: RE-APPOINTING KAREN HOMIAK,
DAVID WOLFLEY AND PAUL MIDNEY TO THE COLLIER
COUNTY PLANNING COMMISSION - ADOPTED
MR. MUDD: Commissioner, that brings us to 9H, appointment
of members to the Collier County Planning Commission.
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September 15, 2009
CHAIRMAN FIALA: Okay. So each -- the person for the
particular districts in this case are supposed to nominate their own; is
that correct?
MS. FILSON: Yes, ma'am.
CHAIRMAN FIALA: Okay. And so for District 1, I nominate
Karen Homiak.
Do I hear a second?
COMMISSIONER HENNING: Second.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay. I have a second and a third.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: For District 3?
COMMISSIONER HENNING: I have no choice.
CHAIRMAN FIALA: We have a 3,4, and 5, so -- and we only
have three positions, right?
MS. FILSON: Yeah, he -- the applicant that resides in District 4
didn't understand that it was for the three districts that I had posted.
CHAIRMAN FIALA: Oh, okay. So the three districts open are
1, 3, and 5?
MS. FILSON: Yes, ma'am.
CHAIRMAN FIALA: Oh. Okay, fine. Thank you.
COMMISSIONER COYLE: I don't get a choice?
CHAIRMAN FIALA: No, no, you don't, so just be quiet.
COMMISSIONER HENNING: Madam Chair, I make a motion
that we appoint David Wolfley to the District 3 representation on the
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September 15, 2009
Planning Commission.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Motion and a second.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
COMMISSIONER COLETTA: Madam Chair, I make a
recommendation that we appoint Paul Midney --
COMMISSIONER HENNING: Second.
COMMISSIONER COLETTA: -- to the District 5 position.
CHAIRMAN FIALA: I have a motion and a second.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Very good. We move on to Item 10.
Item #10A
REQUEST APPROVAL THAT THE BOARD OF COUNTY
COMMISSIONERS CONSIDER INCLUDING THE CHANGES
TO THE GROWTH MANAGEMENT PLAN RLSA OVERLAY OF
THE FUTURE LAND USE ELEMENT WITH THE EVALUATION
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September 15, 2009
AND APPRAISAL REPORT GROWTH MANAGEMENT PLAN
AMENDMENT PROCESS BEGINNING IN 2012 OR IN THE
ALTERNATIVE HOLDING A SPECIAL GROWTH
MANAGEMENT PLAN AMENDMENT CYCLE IN 2011 TO
ADDRESS PRIORITY AMENDMENTS AS IDENTIFIED BY THE
FIVE-YEAR REVIEW OF THE RURAL LANDS STEWARDSHIP
PROGRAM REPORT PURSUANT TO THE SPECIAL MEETING
OF THE BOARD OF COUNTY COMMISSIONERS HELD ON
APRIL 21. 2009 - APPROVED
MR. MUDD: Yes, ma'am, it would be 10A, and that is to request
approval that the Board of County Commissioners consider including
the changes to the Growth Management Plan RLSA overlay of the
Future Land Use Element with the Evaluation and Appraisal Report
Growth Management Plan amendment process beginning in 2012, or
in the alternative, holding a special Growth Management Plan
amendment cycle in 2011 to address priority amendments as identified
by the five-year review of the Rural Land Stewardship Program
Report pursuant to special meeting of the Board of County
Commissioners held on April 21, 2009.
Mr. Joe Schmitt, your administrator for community
development's environmental services, and Mr. Thomas Greenwood,
your principal planner for comprehensive planning for CDES, will
present.
I will also note that you received an email message from a David
Farmer, who is your chairman of the Horizontal (sic) Study Oversight
Committee, and he asked that this email that he sent to you be read
into the public record on this particular item. If you'd like me to do
that, I can, and -- and/or I can take that email and hand it to our clerk
and put it in the public record.
COMMISSIONER HALAS: Can you put it on the viewer?
MR. MUDD: Yes, sir.
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September 15,2009
COMMISSIONER COLETTA: In deference to the fact that he
has been involved in the committee, he's made a tremendous
contribution, I think it's important that the public not only be able to
view it but that we ought to read it into the record, too.
CHAIRMAN FIALA: On the committee. So this -- I just want
to mention that, you know, we don't usually take just things from the
public and read them into the record so everybody can, from home,
just email.
COMMISSIONER COLETTA: That's correct.
CHAIRMAN FIALA: This is -- this is, in this particular
instance, this person having served on the committee and been well
acquainted.
COMMISSIONER COLETTA: And been the chairman of the
committee.
CHAIRMAN FIALA: Thank you for telling us that. Thank you.
MR. MUDD: Without further ado, ma'am, I'll start to read.
Commissioners, by way of this email, I'm requesting the
following be read into the public record for the above agenda item.
On September 11, 2009, horizontal -- the horizon.
COMMISSIONER HALAS: Horizon.
MR. MUDD: Horizon -- I'll get it -- Horizon Study Oversight
Committee held its quarterly meeting. At the meeting the committee
unanimously supported a motion to request at the BCC to move
forward with the Growth Management Plan, GMP, amendments
proposed by the Rural Land Stewardship five-year review committee.
The committee unanimously supported an additional motion to
authorize the letter of support for the RLSA amendments.
The Horizon Study Oversight Committee was created by
resolution 09-38 for the explicit purpose of maintaining the Collier
interactive growth management model -- excuse me -- interactive
growth model, CIGM, as a planning tool, and to ensure the position
points identified by the horizon study are acted upon.
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September 15, 2009
The committee has arrived upon this position of support for
moving the amendments through the process due to the impacts upon
growth and development in the eastern portion of the county and the
impacts on the CIGM.
This -- these impacts are directly related to the purpose of the
oversight committee's responsibilities and, therefore, the committee
felt it necessary to provide the Board of County Commissioners with
its position on the item.
Sincerely, David Farmer, Chairman, Horizon Study Oversight
Committee.
MR. SCHMITT: Madam Chair, Commissioners, good morning.
I think in the best interest of your time, since the writing of this
executive summary, there's been further developments, and I think it'd
be best to hear from the public speakers. There's going to be an offer
to provide what really is the missing piece here, what needs to be done
to take what the committee produced to package it into a GMP
amendment, and how much work will have to be done for the
supporting data and analysis.
And there's an offer going to be made. I think it's best, prior to
getting into any debate on schedule, because the real missing piece,
again, is what needs to be done and how much will it cost.
It's probably best that we go to public speakers, and then we can
discuss the offer that's going to be made by one of the public speakers.
So with your indulgence, I think that's the best way we should
proceed.
CHAIRMAN FIALA: It's fine with me.
Sue, would you call the speakers.
MS. FILSON : Yes, ma'am. I have six speakers. The first one is
Nancy Payton. She'll be followed by Brad Cornell.
MS. PAYTON: Good morning. Nancy Payton representing the
Florida Wildlife Federation, and we've been involved in the Rural
Land Stewardship Program for over a decade.
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September 15, 2009
You received a letter from Florida Wildlife yesterday suggesting
an interim step to address the need for an evaluation of the -- or
sufficiency review, as the technical term is, of the RLSA committee's
recommendations.
And as you recall back when the first round of RLSA
amendments were being drafted and prepared for a transmittal
package, the county engaged the services of Nancy Linnan from
Carlton Fields to shepherd those amendments through the process and
to address the various concerns that were coming from
environmentalists, landowners, community representatives, a variety
of interests. And our experience was that she did an excellent job in
addressing concerns dealing with various entities in a very fair and
honest manner.
And my letter suggests that the county, once again, engage
Nancy Linnan to determine what this information gap may be in the
recommendations of the RLSA committee. And we're here to ask that
you engage the services of Nancy Linnan to do that sufficiency
review. It's just evaluate the proposals and what's missing and what
isn't missing and what it's going to take to get into the proper format
and also to ask her to give an estimate on what it would cost for her to
prepare the package for transmittal.
That's simply what we're requesting. It addresses a very
necessary and immediate step in moving these amendments forward.
Thank you.
COMMISSIONER COYLE: Madam Chair, may I?
CHAIRMAN FIALA: Sure.
COMMISSIONER COYLE: In the interest of making sure that
we don't get bogged down into a debate among the speakers about
things that are irrelevant and wrong, I'd like to bring up a couple of
issues right now so that we can -- we can focus on the things that
make sense.
Nancy, you're suggesting that they -- that we do the sufficiency
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September 15, 2009
review for the RLSA committee's recommended amendments. I am
quite certain that you mean the RLSA recommendations which
included the board's approval --
MS. PAYTON: Yes.
COMMISSIONER COYLE: -- of certain changes associated
with it.
MS. PAYTON: Yes, exactly.
COMMISSIONER COYLE: There should be no question about
that, I think. There's also -- has been, at least in correspondence to me
and probably will be today in speakers' presentations, that we should
also consider the recommendations of the Planning Commission and
the EAC and, in fact, it is my recollection that all of the
recommendations of the EAC and the Planning Commission -- I'm
sorry -- yeah, the Planning Commission and the EAC's
recommendations were incorporated into the RLSA committee's
recommendations with the exception of the cap on credits.
I need to confirm that I'm correct, because my reading of it and
my reading of the executive summary was that all of the
recommendations of the Planning Commission were folded into the
steering committee's, or the review committee's, final report with the
exception of the changes that the board made whenever we decided to
accept the board's report, or steering committee's report.
MR. SCHMITT: I'll answer for staff; Commissioner Coyle,
that's correct. Your recommendation is the final recommendation. It
incorporated EAC and Planning Commission. The debate had to do
with the credits. The board solved that problem.
COMMISSIONER COYLE: That's right. And so I just want to
make sure that we all understand that we're talking about the RLSA
committee's recommendation which included the recommendations of
the Planning Commission and the final changes by the board. And if
we have that understanding, then we can focus on the issue of whether
or not we have an outside agency give us an estimate of the cost and
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September 15,2009
the sufficiency review. Okay.
MR. SCHMITT: And if I could clarify, for Nancy, what Carlton
Fields would do is tell us what needs to be done to complete a
sufficiency review. She would not actually do the sufficiency review.
COMMISSIONER COYLE: That's reassuring.
MR. SCHMITT: Yes.
COMMISSIONER COYLE: Because if we're going to have that
done -- well, we can debate that later.
MR. SCHMITT: Yeah. And she would be asked to give a quote
on what it would cost to proceed to the next step.
COMMISSIONER COYLE: Okay, fine.
CHAIRMAN FIALA: Speaking of cost, who pays for the cost of
Nancy Linnan? Do we have that in our budget? We're kind of short.
MR. SCHMITT: I'm going to leave that up to the speakers, but I
believe --
CHAIRMAN FIALA: I think the Florida Wildlife would like to
help with that funding.
MR. SCHMITT: Yeah.
MS. PAYTON: Well, we do have an answer, and it will be
coming up, and it will be put on the table. But it's our understanding
that there is a way to fund this without a burden to the taxpayers.
CHAIRMAN FIALA: Thank you.
MS. PAYTON: Thank you.
MS. FILSON: The next speaker is Brad Cornell. He'll be
followed by Gary Eidson.
MR. CORNELL: Good morning, Commissioners. I'm Brad
Cornell, and I'm here on behalf of Collier County Audubon Society
and Audubon of Florida and also a former member of the five-year
review committee for the Rural Land Stewardship Area, which I have
the pleasure and honor to serve on your behalf at your appointment.
I do want to point out that in our recommendations the committee
in no way intended to delay or bump out of the queue any prior
September 15, 2009
subcommittee Growth Management Plan amendments, such as the
Immokalee Area Master Plan, or any of these other amendments, but
we did want to see, you know, due efficient consideration of our
recommendations, and I believe that's what your direction was back in
April.
And to my ear, I like the suggestion that Nancy Payton and the
Florida Wildlife Federation have put on the table for a sufficiency
review of the data and analysis of these Growth Management Plan
amendment recommendations. I think that's an excellent way to go
about it and to get an estimate as to exactly what we need. So I
strongly endorse that. Thank you.
MS. FILSON: Gary Eidson. He'll be followed by John
Passidomo.
MR. EIDSON: Hi. My name is Gary Eidson, and I am a
member of the RLSA committee, at which you appointed me to serve
on, and I appreciated that appointment very much. It's been an
enormously exciting experience, and I recommend anybody get
involved in these kinds of committees if they can.
The BCC appointed members with a diverse background to the
RLSA committee. These members included independent citizens both
outside and inside the RLSA, environmentalists, landowners,
businesspersons, and community representatives.
The recommendations have been made after diligent and really
laborious consideration and with significant unrestrained public
comment. These recommendations have been guided by
environmental, future growth, and fairness considerations. There was
even a regular injection of common sense. I thought I might add that.
When a volunteer commits to make a real genuine commitment
to improve the well-being of the community, it would be a great loss
to see their efforts buried by indefinite delay and red tape.
I encourage the board to facilitate the forward movement of these
important and timely recommendations, and certainly the
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September 15, 2009
recommendation by Nancy Payton fills that bill.
Thank you very much.
MS. FILSON: The next speaker is John Passidomo. He'll be
followed by Andrew McElwaine.
MR. PASSIDOMO: Good morning. Madam Chairman,
members of the Board of County Commissioners. My name is John
Passidomo. My address is 821 5th Avenue South in the City of
Naples.
The RLSA review committee was a review, was undertaken, and
the RLSA review committee was created under a directive contained
in the county's Growth Management Plan.
Our clients are landowners who collectively own 180,000 of the
195,000 acres in the Rural Land Stewardship Area. They actively
participate in the RLSA process in the same way they actively
participate in any public process in which their substantial private
property rights could be significantly affected.
What we share with the county and what we share with many of
the environmental groups that engage in the RLSA process is a
recognition that the RLSA planning document accepted by the Board
of County Commissioners in April contains Growth Management Plan
amendments which provide significant public benefit, and that a delay
in the EAR-based scenario could squander the community planning
effort which occurred over 18 months and over 35 hearings before the
committee, the EAC and the CCPC, impose the county to duplicate
expenses, and jeopardize the implementation of these public benefits.
We've been provided with a copy of Nancy Payton's September
14th correspondence to you. We agree with the recommendation
contained in it, and we respectfully request that you defer the issue
before you today until the consultant proposed by Nancy comes back
to you with a recommendation of the data and analysis necessary to
support legally sufficient Growth Management Plan amendments.
We understand that the consultant's estimate of that
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September 15,2009
determination is approximately $10,000, and the eastern Collier
property owners are prepared to pay that expense.
We believe that with that determination in hand, the Board of
County Commissioners will have the information it needs to
determine how to proceed with the Growth Management Plan
amendments in a way that best serves the public interest.
MS. FILSON: The next speaker is Andrew McElwaine. He'll be
followed by Bill McDaniel.
MR. McEL W AINE: He's a McD. I figured he'd go ahead of me.
I'm a McE.
Thank you very much. I saw this at -- first I want to say the
Conservancy supports the County Manager's report, and that either of
the two recommended courses of action are acceptable to us. And so
when I heard that we were not going to be discussing what was on the
agenda but something else was going to come up -- and I found that
out about 4: 3 0 yesterday afternoon -- I was a tad alarmed,
Commissioner Coyle. So hence the email you received from me,
especially given the wording and language that was used in what I did
receive late yesterday afternoon.
So I had to take my best shot at it. Granted I didn't have,
perhaps, as much information as you had. I did my best.
We support the County Manager's report, believe either option is
acceptable, and our only concern in hiring a consultant and going
through another process on this is that the vote you took, which the
County Manager's report is very consistent with in terms of either
having a special cycle or in the EAR amendment, after all the other
planning processes are completed -- that was your vote 3-2 -- that that
be followed and implemented and that we not have an effort here to
accelerate this effort ahead of others that are urgently needed.
And so I rise in support of the County Manager's report. One
consultant over another, I don't think is appropriate for me to get into.
There may be others who are as good. That's not for me to say. But I
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September 15, 2009
do think it's important that we follow the process that you've already
voted on and we not re-open decided issues again and again. Thank
you.
MS. FILSON: The next speaker is Bill McDaniel. That's your
final speaker, too, Madam Chairman.
MR. McDANIEL: Good morning, Commissioners. For the
record, my name is Bill McDaniel, and I have the pleasure of serving
on the Horizontal Review Committee (sic) for the Collier Interactive
Growth Model. Just -- that's a joke. It is the Horizon Review
Committee.
One of the decisions that brought us to writing that letter was the
timing is critical when you're planning, and you have adopted the
Collier Interactive Growth Model as a potential future planning tool to
utilize to determine future growth and development of our community.
And having the -- without precedence -- we don't want preferential
treatment to what the recommendations of the Rural Land Stewardship
Overlay Committee have already given you without taking precedence
over other amendments that are already in place. We wanted to assure
you how important we feel it is for our community to have as much
viable information in as timely a manner as possible in order to utilize
and make future decisions for our community.
With that, I was a little bit -- I had a little question for
Commissioner Coyle. I don't recall-- and of course the record will
reflect -- but I didn't recall adding in for the data and -- I'm okay with
it, but I didn't recall adding in the recommendations of the Planning
Commission and the EAC along with the committee's suggested
amendments, so --
COMMISSIONER COYLE: Well, you know, my review of the
recommendations was that the steering committee accepted all of the
Planning Commission's recommendations with the exception of the
credits. If that is not correct, then we need to address that issue.
MR. McDANIEL: It wasn't my recollection that we did accept
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September 15, 2009
them all. I believe there was some -- the credit cap, one way or the
other, was a huge bone of contention, but I believe there were some
others that weren't -- and we did take in a lot of recommendations of
the Planning and the EAC in the second review, but I didn't think that
we were in concert with all of them on both committees, so.
COMMISSIONER COYLE: I believe all the substantive
recommendations were included.
MR. McDANIEL: Substantive. I'll go along with substantive.
That's okay?
COMMISSIONER COYLE: Okay?
MR. McDANIEL: Yep, that's fine.
COMMISSIONER COYLE: Well, let's make sure that there
were none that would fundamentally change the plan.
MR. McDANIEL: And I guess if -- and Commissioner, with all
due respect, the premise that we're leaning towards here is moving this
forward with an outside consultant and bringing in the
recommendations of the EAC and the Planning Commission.
Ultimately these plan amendments are going to go through a
multilevel process, back to those committees, and back to you for an
ultimate vote, and they should be given due consideration. So as long
as it's not going to delay the process, I think we're saying the same
thing. I just wanted a point of clarification, that it wasn't my
recommendation, that it was complete concert.
COMMISSIONER COYLE: Okay. Well, I don't want to be
incorrect. But Joe, let's make sure that we find out if there are any
substantive differences between --
MR. SCHMITT: Yeah, the only substantive difference was in
the credits where the Planning Commission limited the credits. You
resolved that. You gave your direction, and that was the direction then
to move forward and use that guidance when we develop the Compo
Plan amendment. So that was clear, but it was also to come back with
the data and analysis to support that recommendation.
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September 15, 2009
COMMISSIONER COYLE: That's absolutely correct, yes.
MR. SCHMITT: Then there was a discussion about the credits
and how many units and --
COMMISSIONER COYLE: That's still got to be worked out.
MR. SCHMITT: And some of that will be addressed out as well.
COMMISSIONER COYLE: Yes.
MR. SCHMITT: But that is all part of the submittal process.
COMMISSIONER COYLE: Okay.
MR. SCHMITT: I guess with that, if you would give staff
direction. But I do have one matter of business that you do have to
take care of as part of this executive summary, and that's
recommendation four, which, for all intent and purposes, you dissolve
the committee. The committee will certainly serve in the capacity as
stakeholders, but the official -- you will officially dissolve that
committee and then, I guess, Gary can talk to Bill again in the
hallway.
COMMISSIONER COYLE: So it's now going to become a
horizontal committee?
MR. SCHMITT: A horizontal committee.
MR. MUDD: Absolutely sunset.
CHAIRMAN FIALA: Okay. So we have --
COMMISSIONER COYLE: County Attorney.
CHAIRMAN FIALA: -- Commissioner Henning.
COMMISSIONER COYLE: County Attorney has something.
CHAIRMAN FIALA: Oh, County Attorney, I'm sorry.
MR. KLATZKOW: And if you want to go with Nancy Linnan,
my office already has a contract with Nancy Linnan's firm, Carlton
Fields, to do precisely this. And if that's the will of the board, we can
just put it under that contract.
CHAIRMAN FIALA: I haven't heard who's paying for it yet.
MR. KLATZKOW: Well, that's to be decided by the board.
MR. SCHMITT: Ma'am, while you were gone the offer was
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September 15, 2009
made by the property owners' association, the eastern property owners
association to pay up to $10,000.
I spoke with Nancy last week. My understanding, for about
$10,000 she will package this and present to us what needs to be done
and how much it will cost to proceed to the next level, so that offer
was made.
CHAIRMAN FIALA: Okay, thank you. Okay.
COMMISSIONER COYLE: Commissioner Henning's light was
on before mine.
CHAIRMAN FIALA: Right. Commissioner Henning?
COMMISSIONER HENNING: Joe, you made a statement I
wasn't sure, and we were talking about the capping of the credits.
MR. SCHMITT: Correct.
COMMISSIONER HENNING: And you made a statement that
problem's been resolved.
MR. SCHMITT: The guidance from the board stated that the
credits -- they gave us the credits -- and I'm trying to recollect -- 400 --
COMMISSIONER COYLE: 404,000.
MR. SCHMITT: 404,000 versus the 318-, and we -- it's based on
the board's guidance that we would prepare at least the proposal for
the next phase. And that would then go through the public hearing
process through the -- through the public hearing piece when we go
through the GMP amendment cycle. But we're proceeding with board
guidance. The Planning Commission wanted to cap it at, if I recall,
318,000. The board resolved that, from my recollection, and it's
404,000.
At least that was the guidance, and then we'd come back with the
data and analysis to support that and basically defuse, I would use the
word, to debate in regards to whether the cap should be placed and the
justification for the credits.
And Tom, can I -- I mean, if you want to come up -- you were
the -- you were the staff member on that committee. I think -- that's
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my recollection as to where we were at.
COMMISSIONER HENNING: The committee recommended
450- or whatever it was.
MR. SCHMITT: 404,000.
COMMISSIONER HENNING: 404,000, and that's what the
board decided.
MR. SCHMITT: That's correct.
COMMISSIONER HENNING: Would you agree that we have
to have some kind of cap on them? I mean, how are you going to
administer a program if there is no cap on how many credits that you
get?
MR. SCHMITT: The GMP amendment would include a cap.
COMMISSIONER HENNING: Okay. Just so -- as long as we
have that straight.
MR. SCHMITT: Yes.
COMMISSIONER HENNING: Now, the Planning Commission
recommended a shorter one, or a smaller one.
MR. SCHMITT: That's correct.
COMMISSIONER HENNING: And they have concerns and I
still have concerns about leftover credits that you can't do anything
with.
MR. SCHMITT: Yep.
COMMISSIONER HENNING: Is the data and analysis going to
take a look at the available land you're going to set aside for a
development and apply whether the 404- credits is feasible?
MR. SCHMITT: To answer your question briefly, absolutely.
That's what the data and analysis will do. Nancy is not going to
answer that question. What she will do is frame it to tell us what needs
to be done and how much it would cost to do all of that, because there
was some debate, and that's where the debate was. Should there be a
credit, cap? But, again, we're taking your guidance.
COMMISSIONER HENNING: There's going to be a cap.
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September 15, 2009
MR. SCHMITT: Yes. Should there be --let me put it this way.
What should the cap be?
COMMISSIONER HENNING: What should the cap be?
MR. SCHMITT: That's correct.
COMMISSIONER HENNING: For the land set aside.
MR. SCHMITT: And the data and analysis that will be -- we
will do the data and analysis. Now, I wasn't going to get into this, but
if you recall when we discussed this in April, we met with
WilsonMiller, Leo, myself, WilsonMiller, staff, and there was going
to be some additional study and analysis done. They were going to
come up with a cost that could have been anywhere from 80- to
$100,000 in their time to go and review much of that data and analysis
and we revisit that whole piece of the process. That is probably going
to be the most important aspect to address in these GMP amendments
is to defend that cap and whether that cap is the appropriate cap,
because it will be debated again --
COMMISSIONER HENNING: Okay.
MR. SCHMITT: -- as we go through the public hearings for the
GMP amendment cycle both through transmittal and adoption.
COMMISSIONER HENNING: So great. Bottom line is, we're
going to address that?
MR. SCHMITT: Yes.
COMMISSIONER HENNING: And that's great.
So one last question. What's your opinion why we want to hurry
up and get this done instead of your recommendations on the
executive summary? Why is that? What's your opinion?
MR. SCHMITT: Well, my opinion only is, the offer was made
to tell us what we need to do in order to proceed to the next step. I
think the missing question is, what needs to be done.
My staff, we have the report from the committee, and it's not
merely just placing that into a three-ring binder and then offering it as
a Compo Plan amendment. That has to be packaged, along with that,
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all the data and analysis to support it, and then prepared for the
subsequent public hearing process.
COMMISSIONER HENNING: Let me ask a different way,
because it's not addressing my question.
There's no growth happening out there, and I think that's a fair
statement. Nobody's knocking on the door. In fact, people are leaving
Collier County, leaving the State of Florida.
The GMP says, we should analyze it within a certain time frame.
That's all it says. It doesn't say you have to do anything.
So the question is, with that said -- and your recommendation is
wait till the EAR-based amendment -- what is your opinion of why we
want to get this done prior to the EAR-based amendment?
MR. SCHMITT: Well, I'm not -- my opinion is not to get it
done. My recommendation was to support the recommendation to
gather -- at least get an opinion from the consultant. But if you're
asking that question specifically, in truthfulness, the schedule -- I just
don't know how I'm going to get a special cycle into the schedule, and
that's flat and simple.
Your schedule, this room, the Planning Commission, EAC,
transmittal and adoption, we have two other cycles ongoing right now,
that's going to be the difficult part.
Regardless of when we do it, when we do our EAR, there's no
doubt that DCA will comment on the lack of those issues being
addressed in our EAR submittal or at least in an EAR-based -- or an
amendment cycle. So we will get comments back.
Either we're going to do the cycle as a special cycle, we'll -- or
we'll address it as part of the EAR-based amendments because DCA
will certainly comment to us saying, please correct the items noted
during the five-year review. So it will be addressed. Who pays for it,
when it will be done is the question.
COMMISSIONER HENNING: Well, I think what we're leading
up to is to try to have a special cycle to get this done, and you're just
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saying, there's no way that you can get it done; is that correct?
MR. SCHMITT: Again, the question is -- yes, but the question
is, what needs to be done to package this to do the GMP amendment,
and that's the missing data.
COMMISSIONER HENNING: Right.
MR. SCHMITT: And for $10,000 or whatever Nancy may end
up charging, or Carlton Fields, at least they will tell me that piece. In
a previous executive summary I had the whole list of what this would
cost, question marks under data and analysis, because I just don't
know.
COMMISSIONER HENNING: Okay.
MR. SCHMITT: And your executive summary now said
anywhere from 100- to $150,000 if, in fact, this was contracted out
and a consultant was to try and package this for GMP amendment.
So the question she is going to answer is say, Collier County, if
you want to take this report and convert it into a submittal package
that can be deemed sufficient with competent data and analysis to
proceed and send it off to DCA, here's what -- here's what you need to
do, here's how much time it's going to take, and here's what it's going
to cost.
And for that -- for that price and with the Eastern Property
Owners Association paying for that, I think that missing piece of data
is worth the -- worth waiting to get that piece of information before we
come to you with a recommendation as to how to proceed.
COMMISSIONER HENNING: And I agree with that, and I
support that if somebody makes a motion.
CHAIRMAN FIALA: Well, I still have Commissioner Coyle,
Halas, Coletta. Coyle first.
COMMISSIONER COYLE: Yeah, okay. I just want to make
sure that we're very clear on what we're going to do. There's -- at least
there's no intent in my mind to have Nancy Linnan contracted to
prepare the RLSA amendments for submittal.
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September 15,2009
MR. SCHMITT: That's correct. She--
COMMISSIONER COYLE: Okay. All this is is a scope of
work analysis that says, in order to meet legal sufficiency, you're
going to have to have this information, this information, this
information, and this information, and I estimate that that will cost
$150,000 and take X amount of time. That's all we're doing at this
point.
MR. SCHMITT: Exactly.
COMMISSIONER COYLE: And I presume we're doing that so
that the people who are volunteering to pay for it will at least have a
price in hand, because right now the price is very nebulous. When we
talk about doing it, we really don't know what the price will be, we
don't know how long it will take, we don't have the manpower to do it
anyway.
Now, the second thing I would like to make clear is that there is
no intent, at least in my mind, to force other initiatives like the
Immokalee Area Master Plan out of their cycle, okay. There should
be no resulting inference in the Immokalee Area Master Plan as a
result of whatever action we take.
MR. SCHMITT: That is correct. Those are locked in, you've
already approved those dates, and those dates are in your executive
summary .
COMMISSIONER COYLE: Okay. So you're merely looking
for a refinement of the cost and the degree of effort necessary to
prepare the RLSA amendments for submission?
MR. SCHMITT: That's exactly right. Well said.
COMMISSIONER COYLE: Okay. And -- now, the second step
of that, if that is done and the people who want to pay for it say, okay,
we'll pay for this, then I guess they can take that and go with it. But if
any money's going to be spent for a planning firm or somebody to do
this, I would much prefer that it be spent in Collier County and not in
Tallahassee, and I would rather it be spent with people that we have
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worked with before locally so we can watch what they're doing, we
can review it very, very clearly, it can be -- it can be vetted through all
of our committees without having to pay travel costs. So I -- at least
that's the direction I'm going in, but --
MR. SCHMITT: Commissioner, any work following the
assessment comes back to this board for approval.
COMMISSIONER COYLE: That's right, that's right. And -- but
I know that whatever happens, if we have an outside consultant doing
this, there will be charges that it's being done by developers and it
doesn't really reflect the work of the committee. And I will tell you
right now that that is a false statement.
I don't care who does the consulting work. If their product meets
our requirements and is consistent with our decision-making process,
it is irrelevant who prepared it in my opinion. All that we have to do
is make sure we do our job properly, and their advisory committee.
MR. SCHMITT: And just so everyone understands, when
Carlton Fields looks at this, the first people they're going to consult is
T om Greenwood, who is my staff liaison; David Weeks, who certainly
is our GMP expert; and Randy Cohen. So my staff will be involved in
working with Nancy.
COMMISSIONER COYLE: Yeah, but we're not going to pay
them.
MR. SCHMITT: But -- well, we'll think about whether we're
going to pay them. But no, that -- she -- her and I spoke and she
clearly understands the scope of work. It is not preparing a submittal.
It is just telling us how to get there from here. That's exactly what the
contract will be. And I'll work with the County Attorney's Office,
with Jeff, and how we verbalize that to Nancy so she is clear.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: I have the same concerns. I'll be
brief. I have the same concerns as Commissioner Coyle in regards
that the Immokalee master plan was not going to take a second seat to
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September 15, 2009
this. So I'm glad that we crossed that bridge, and hopefully that we
can move on. Thank you.
CHAIRMAN FIALA: And Commissioner Coletta?
COMMISSIONER COLETTA: Yes. As we're kicking this can
down the road, it's some of the same observations I made. In no way
on God's earth should we be rearranging the order, and I think we all
understand that. So this boils down simply . We have outside interests
which is, landowners are going to hire Nancy Linnan from Tallahassee
at $10,000 of their own money to be able to move this to the next step.
What other decisions have to be made today?
MR. SCHMITT: We're going to hire -- under the existing
contract -- to correct the record.
COMMISSIONER COLETTA: Correct.
MR. SCHMITT: They will pay for it.
COMMISSIONER COLETTA: They will pay for it, but she has
been totally engrossed in this process since day one when it -- when
we had the kickoff to put the original land use program together.
MR. SCHMITT: That's correct.
COMMISSIONER COLETTA: So I can see the reason why it
would be advantageous to keep her on rather than try to bring in a
local firm at this point in time on this particular issue because time's of
the essence. But as we're kicking the can down the road, is this going
to get us where we need to be on the time schedule? Is this going to
make everything fall together? What's going to happen when we get
this report back?
MR. SCHMITT: It will at least give us an idea of how much
time and effort someone -- someone's going to have to take, either my
staff or if we contract out, how long it will -- what it will take to
package this thing into a GMP amendment submittal and how long it
will take.
She will fill in that missing gap. And I think to intelligently
debate where we fit it in the schedule, we need that piece of
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September 15, 2009
information. And so I think other than -- we could speculate, but she is
the one that's going to -- she said her staff and her will look at it and
give us that -- the scope and breadth and depth of work that will have
to be done in order to package this thing.
COMMISSIONER COLETTA: And you mentioned earlier, too,
that there's a, sounds like a crisis situation with staff time and
availability of space and meeting times for everybody to be able to
make this thing to come together in an orderly fashion.
When we go towards that period of time when this thing would
mature, I'll remind you that we do come back, and the staff is here,
too, in June -- or July, excuse me, during our -- during the recess. All
we have to do is just shorten the summertime there and make sure that
the recess is long enough for numerous meetings to be able to keep
this thing on schedule and if possible, start at the end of August or the
first of September to keep this thing on schedule. I have no problems
with working my schedule around it.
MR. SCHMITT: Well, that's something we'd come back--
you're going to hear a petition later today concerning the 07/08 cycle
about compressing that. And the other unknown out there is what
impact hometown democracy will have on the GMP amendments
currently in cycle. Discussion now indicates that all GMP amendment
cycles, unless they're through final adoption, will be impacted by
hometown democracy.
COMMISSIONER COLETTA: That decision will be made by
our state legislators, correct?
MR. SCHMITT: That will be -- that will be -- no, sir. That will
be made by the voters in November.
COMMISSIONER COLETTA: But I mean, when they vote on
it, they're not going to have a 200-word statement to be able to vote
on. It's going to be concise. And then the decision of interpreting
what hometown democracy -- was the will of the voters. It's going to
go back to the state legislative body to be able to have the
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September 15,2009
determination made.
MR. SCHMITT: Yes.
MR. MUDD: They will craft a bill in order to implement
whatever the voters decide on that petition.
MR. SCHMITT: In answer, Jim, I think there'll be a special
session to define exactly what -- how to apply the hometown
democracy if, in fact, the voters approve it.
CHAIRMAN FIALA: I love the word concise. The wording
will be concise. Have you ever seen anything that we vote on that's
been concise? I haven't. Excuse me. I just had to interject.
COMMISSIONER COLETTA: I think I said enough.
CHAIRMAN FIALA: And Commissioner Henning, you had
said you wanted to make a motion.
COMMISSIONER HENNING: Well, I can, yeah, that we direct
county staff, County Attorney's Office, to contract with Nancy Linnan
to provide the data and analysis as discussed today.
CHAIRMAN FIALA: And do I hear a second?
COMMISSIONER COLETTA: I'll second it, but do we need to
clarify the issue of who's paying for it in the motion, or is everything
else that we have said before in?
MR. MUDD: No. The owners are basically -- based on Mr.
Schmitt's statement, the owners in -- the rural landowners are paying
up to $10,000 for Mrs. Nancy Linnan's time.
The only question I have on this whole thing, okay, I'm reading
the lOA item, and it talks about doing this during the EAR, and then it
talks about doing the special cycle, and neither one have -- has the
board said they're going to do. Now, I heard the board said, we're not
going to slip anybody else on that's already on there, i.e., the
Immokalee Area Master Plan, and make it slip off because of this
special cycle.
So what I'm going to ask Mr. Schmitt real quick is, do you need a
decision by the board about where this RLSA Compo Plan amendment
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September 15, 2009
is going to fit in, i.e., in the EAR-based amendment cycle and/or in a
special cycle?
MR. SCHMITT: I think I can delay that decision till after I get
the report from Carlton Fields, because that will then provide -- give
me the missing piece, Jim.
COMMISSIONER COYLE: That will make it a lot easier for all
of us because we'll have that information, too, at that point in time,
then we can address that issue.
MR. MUDD: Yes, sir. I just didn't want to leave this as a piece
of business that didn't at least get talked about.
MR. SCHMITT: I think that will have to come back -- that will
come back to the board. And if I could ask, again, a vote also to
include the dissolving of the committee.
COMMISSIONER HENNING: Yeah, get rid of them. That's
part of the motion.
CHAIRMAN FIALA: Do I have a second?
COMMISSIONER COLETTA: Just a quick question on that,
Mr. Schmitt?
MR. SCHMITT: Yes.
COMMISSIONER COLETTA: We -- did we get this committee
up to give us -- or to review this every six months or something for a
while or -- no, that was east of 951.
MR. SCHMITT: East of951. This was a one-time committee.
COMMISSIONER COLETTA: Right, okay. I got it. I second
the -- that too, include it in my second.
CHAIRMAN FIALA: Okay. You've included that in your
second.
Any further discussion, board members?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
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September 15, 2009
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: A 5-0 vote. And it's noon.
MR. MUDD: Yes, Madam Chair. You need to recess to go to a
shade session in your conference room, and then at one o'clock or
thereabouts, you'll re -
Item #12A
NOTICE IS HEREBY GIVEN THAT PURSUANT TO SECTION
286.011(8), FLA. STAT., THE COUNTY ATTORNEY DESIRES
ADVICE FROM THE BOARD OF COUNTY COMMISSIONERS
IN CLOSED ATTORNEY-CLIENT SESSION ON TUESDAY,
SEPTEMBER 15,2009, AT A TIME CERTAIN OF 12:00 NOON
IN THE COMMISSION CONFERENCE ROOM, 3RD FLOOR, W.
HARMON TURNER BUILDING, COLLIER COUNTY
GOVERNMENT CENTER, 3301 EAST TAMIAMI TRAIL,
NAPLES, FLORIDA. IN ADDITION TO BOARD MEMBERS,
COUNTY MANAGER JAMES MUDD OR LEO OCHS, DEPUTY
COUNTY MANAGER, COUNTY ATTORNEY JEFFREY A.
KLATZKOW, AND ASSISTANT COUNTY ATTORNEY
STEVEN T. WILLIAMS WILL BE IN ATTENDANCE. THE
BOARD IN EXECUTIVE SESSION WILL DISCUSS:
SETTLEMENT NEGOTIATIONS IN THE PENDING
LITIGATION CASES OF CRAIG GRIDER AND AMBER
GRIDER V. COLLIER COUNTY, CASE NO. 08-7794-CA AND
CRAIG GRIDER AND AMBER GRIDER V. COLLIER COUNTY,
CASE NO. 09-3164-CA, BOTH WHICH ARE NOW PENDING IN
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September 15, 2009
THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY. FLORIDA - CLOSED SESSION
MR. KLATZKOW: Before we -- just -- I need to make a
statutory announcement, and that is, we will be meeting in the shade
on two matters. One is the Grider matter, the other is the Clerk of
Courts matter. Both are set forth in detail. One is in 12A, one is in
12B of the agenda.
We'll be meeting for approximately 15 minutes on Grider and
approximately 45 minutes on the clerk.
In attendance for the Grider will be, in addition to the board
members, is County Manager James Mudd or Leo Ochs, County
Attorney Jeffrey A. Klatzkow, and Assistant County Attorney Steven
T. Williams.
Attending -- attending with respect to the --
COMMISSIONER HALAS: Quiet please.
Item #12C
NOTICE IS HEREBY GIVEN THAT PURSUANT TO SECTION
286.011(8), FLA. STAT., THAT COUNTY ATTORNEY DESIRES
ADVICE FROM THE BOARD OF COUNTY COMMISSIONERS
IN CLOSED ATTORNEY-CLIENT SESSION ON TUESDAY,
SEPTEMBER 15, 2009, AT A TIME CERTAIN OF 12:00 NOON
(FOLLOWING ITEM 12A), IN THE COMMISSION
CONFERENCE ROOM, 3RD FLOOR, W. HARMON TURNER
BUILDING, COLLIER COUNTY GOVERNMENT CENTER, 3301
EAST TAMIAMI TRAIL, NAPLES, FLORIDA. IN ADDITION TO
BOARD MEMBERS, COUNTY MANAGER JAMES V. MUDD
(OR IN HIS ABSENCE, DEPUTY COUNTY MANAGER LEO
OCHS), COUNTY ATTORNEY JEFFREY A. KLATZKOW, AND
LITIGATION SECTION CHIEF JACQUELINE W. HUBBARD
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September 15, 2009
WILL BE IN ATTENDANCE. THE BOARD IN EXECUTIVE
SESSION WILL DISCUSS: STRATEGY SESSION RELATED TO
LITIGATION EXPENDITURES AND SETTLEMENT
NEGOTIATIONS IN THE PENDING CASE OF BOARD OF
COUNTY COMMISSIONERS V. DWIGHT E. BROCK, CLERK
OF COURTS, CASE NO. 07-1056-CA, NOW PENDING IN THE
TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY. FLORIDA - CLOSED SESSION
MR. KLA TZKOW: Attending with respect to the Brock matter
will be, in addition to the board members, County Manager James
Mudd or, in his absence, Leo Ochs, County Attorney Jeffrey A.
Klatzkow, and Jacqueline W. Hubbard. That's it.
CHAIRMAN FIALA: Thank you.
(The board went into shade session. After the shade session, the
proceedings continued as follows:)
CHAIRMAN FIALA: Will you-all please take your seats.
Thank you.
MR. OCHS: Madam Chair, you have a live mike.
Item #12B
FOR THE BOARD OF COUNTY COMMISSIONERS TO
PROVIDE DIRECTION TO THE COUNTY ATTORNEY
REGARDING STRATEGY RELATED TO SETTLEMENT
NEGOTIATIONS IN THE PENDING LITIGATION CASES OF
CRAIG GRIDER AND AMBER GRIDER V. COLLIER COUNTY,
CASE NO. 08-7794-CA AND CRAIG GRIDER AND AMBER
GRIDER V. COLLIER COUNTY, CASE NO. 09-3164-CA, BOTH
WHICH ARE NOW PENDING IN THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA-
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September 15, 2009
CONTINUE WITH LITIGATION IN THIS CASE - READ INTO
THE RECORD
CHAIRMAN FIALA: Thank you very much. And I am sorry
that we're running a little bit late. We have a one o'clock time certain.
But first we must discuss both of the settlements. On the Grider
settlements, is that something that you will then state, County
Attorney?
MR. KLATZKOW: I need direction from the board.
CHAIRMAN FIALA: Oh, okay. So you -- pardon me? What
we've asked -- the board met, just so that you understand, we met in a
shade session. And what we've decided is we've asked the County
Attorney to just let it stay status quo, and then get back to us if there
are any changes; is that correct?
MR. KLATZKOW: Okay.
CHAIRMAN FIALA: Okay. Board members, do I have any
corrections there?
COMMISSIONER COYLE: By status quo we mean we're
continuing the legislation?
CHAIRMAN FIALA: Yes. This is in the Grider case.
COMMISSIONER COYLE: I mean we're continuing the
litigation.
CHAIRMAN FIALA: Yeah, in the Grider case.
Okay. Any other questions or additions? That's --
MR. KLATZKOW: Understood.
CHAIRMAN FIALA: That's all we need on the record?
MR. KLATZKOW: Yes.
CHAIRMAN FIALA: Oh, okay, fine. And then in the second
item that we discussed --
MS. FILSON: Madam Chairman, just so that you know, I had a
speaker for that item. The County Attorney has told me that we don't
accept speakers.
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September 15, 2009
CHAIRMAN FIALA: Okay, okay. Thank you. Thank you for
putting that on the record, Sue.
Item #12D
BOARD OF COUNTY COMMISSIONERS TO PROVIDE
DIRECTION TO THE COUNTY ATTORNEY REGARDING
STRATEGY RELATED TO LITIGATION EXPENDITURES AND
SETTLEMENT NEGOTIATIONS IN THE PENDING CASE OF
BOARD OF COUNTY COMMISSIONERS V. DWIGHT E.
BROCK, CLERK OF COURTS, CASE NO. 07-1056-CA, NOW
PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND
FOR COLLIER COUNTY, FLORIDA - MEDIATED
SETTLEMENT AGREEMENT APPROVAL CONTINGENT TO
THE RETURN OF SIX MILLION DOLLARS TO THE COUNTY
AT THE CLOSE OF BUSINESS TODAY; ALL OTHER
AGREEMENTS ARE IN PLACE WITH 1.5 MILLION DOLLARS
AT TURN-BACK TIME - READ INTO RECORD
CHAIRMAN FIALA: And the second item was, we've reach a
mediated settlement with the clerk Thursday and Friday. Some points
have changed since Friday, and -- but we want very, very much to
settle this disagreement that we've had with the clerk, and we want to
__ we want to get through this quickly and easily so that we can all be
working together again as we used to do.
And so we're going to ask the clerk if he would return the $6
million that he took out of our account on Friday, put that back in, and
we ask for another million and a half by the 30th of October so that
then we can actually pay him all of the money that we need to pay him
and -- for his operation for next year and also to keep our budget
moving forward as well.
Commissioners, is that --
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September 15, 2009
COMMISSIONER HALAS: Commissioner Fiala, I think we
want to state that the money should be returned by close of business
today.
CHAIRMAN FIALA: Oh, that is correct. Thank you,
Commissioner Halas.
COMMISSIONER HENNING: I'm sorry. What money should
be returned?
CHAIRMAN FIALA: The $6 million, yes.
COMMISSIONER HENNING: Should be returned by the close
COMMISSIONER HALAS: Of business today.
COMMISSIONER HENNING: -- of business today?
CHAIRMAN FIALA: Yes.
MR. OCHS: Madam Chair?
CHAIRMAN FIALA: And is there anything else I've missed?
MR.OCHS: I'm sorry, yes, ma'am. And then I would assume
that all of the other previously agreed upon terms and conditions of
the settlement agreement would remain in place?
CHAIRMAN FIALA: Thank you, yes. We stated that all of the
other agreements in the settlement are in place.
MR. KLATZKOW: Madam Chair, just for clarification, what
we're saying is that the board approve this settlement agreement
contingent on the return of the $6 million by close of business today
and that we're changing the turn-back money, of which the agreement
provides for 6 million, to 1.5 million?
CHAIRMAN FIALA: Right. Oh, thank you very much, yes.
Yes, in the settlement it says that he would turn back 6 million, and
we're asking for 1.5 million. That's -- thank you very much. Plus the
return of the 6 million that was removed from our fund. Thank you
for clarifying that.
Anything else? And do we need anything else on the record?
MR. KLATZKOW: No, ma'am, I'm good.
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September 15,2009
CHAIRMAN FIALA: Okay, fine. Commissioners, everything is
good. Very good.
Then we'll move on to our one o'clock time certain.
Leo?
MR. OCHS: Thank you, ma'am.
Item #14A
RECOMMENDTHAT THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVES AND AUTHORIZES
ITS CHAIRMAN TO EXECUTE A TWENTY-FIVE (25) YEAR
SUB-LEASE AGREEMENT WITH THE DEPARTMENT OF
MILITARY AFFAIRS ARMORY BOARD, FLORIDA ARMY
NATIONAL GUARD (NATIONAL GUARD) FOR 26.41 ACRES
AT THE IMMOKALEE REGIONAL AIRPORT FOR THE
CONSTRUCTION OF THE COLLIER COUNTY READINESS
CENTER. THE IMPUTED RENT FOR THIS SUB-LEASE
AGREEMENT WILL BE DEDUCTED FROM THE DEBT THE
AIRPORT AUTHORITY OWES THE COUNTY - APPROVED
That's Item 14. This is a recommendation that the Collier County
Board of County Commissioners approves and authorizes its chairman
to execute the attached 25-year sublease agreement with the
Department of Military Affairs Armory Board, Florida Army National
Guard, for 26.41 acres at the Immokalee Regional Airport for the
construction of the Collier County Readiness Center. The imputed
rent for this sublease agreement will be deducted from the debt airport
authority owes the county.
Ms. Theresa Cook, your airport authority director, will present.
MS. COOK: Good afternoon, Madam Chairman,
Commissioners.
In June of 2007, you authorized the airport authority's executive
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September 15, 2009
director to negotiate with the Florida Army National Guard to bring
back a lease agreement for 25 years at the Immokalee Airport to
construct the Readiness Center in Collier County.
During the past two years, we've worked with the County
Manager's Office, the County Attorney's Office, the community of
Immokalee, and the Economic Development Council to identify land
at the Immokalee Regional Airport to construct a readiness center.
The airport authority has identified and recommended to the
board -- identified the 26 acres at the Immokalee Airport. And as you
can see, the airport of Immokalee is on your screen. And where it
says Florida -- the FNG, Florida National Guard, is where we have
identified the 26 acres that the National Guard would be at the airport.
It is my pleasure today to introduce Florida National Guard, and
especially Major General Douglas Burnett, the adjutant general of
Florida.
General?
GENERAL BURNETT: Madam Chair, Commissioners, it's
really an honor to be here today.
For the record, I'm Major General Douglas Burnett of the
adjutant general of Florida. In that capacity, I command the National
Guard, both Army and Air, for Governor Charlie Crist.
I would like to make a brief presentation on the missions of the
Florida National Guard, as well as to present our desire to associate
with this outstanding community.
We have studied Collier County, Naples, Immokalee, and I can
tell you, you have some great high schools here, some great young
people. The predictive scores on the military entrance test are
probably as high as we can predict in our state.
There's a couple other counties that do well. But we know you
have some great people. We also think we have some things to add to
this community of value in terms of leadership development and
opportunity for our young people.
Page 102
September 15, 2009
So let me step through these slides right quickly. I know your
commission is busy. I'll try not to talk too fast.
But again, on behalf of the 12,000 men and women of the Florida
National Guard, 10,000 Army and 2,000 Air, I'm honored to be here
today.
Obviously everybody has a mission. Our mission is basically
down to two things. Our federal mission is supporting the national
security objectives. As you know we're in Afghanistan, we're in Iraq.
Over 10,000 of our Army and Air National Guard 12,000 members
have served in either Iraq, Afghanistan or Somalia or other places in
harm's way.
And then respond to our state mission, which is emergencies and
natural disasters. Since 2004 we responded to 14 hurricanes. And I
think, based on the national standard, we've gotten it right. Not only
have we gotten it right from the National Guard perspective because
of our great leadership in Tallahassee and the county leaderships, our
job is always to come in and serve as wingmen, if you will, never
getting out in front of that local sheriff, but working there side by side,
and we think we have a great track record around the nation doing
that.
And we have some programs that add value to our communities.
There's only 14 states that do all of the community National Guard
programs, and I'll hit on those very briefly.
On the Army Guard, again, the headquarters are located in St.
Augustine where my office is. We have 2,300 full-time employees
around the state, and the rest, of course, are our drill status. Near
Orlando, 2,000 soldiers doing an air defense, our Charlie Mission.
And basically what we do today, we're in the national Capitol region
circling the Capitol with air-to-air, ground-to-air heat-seeking missiles
defending our nation's Capitol and our, of course, buildings there,
from the White House to the Capitol and so forth. We do that all the
time.
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September 15, 2009
We've been in Kuwait as well with that unit. And in Miami, a
50th Air Support Group, another 2,000 soldiers. They provide
logistics. And I know we have three members of your commission,
Madam Chair, that have been in the Army, so they understand how
this works from a bed-down perspective.
But the good news for our state is, they supply logistics during
hurricanes. So during Hurricane Wilma, we made Homestead Air
Force Base a logistic staging area. Florida National Guard went in
there and pretty much did what FEMA would otherwise do in pushing
supplies, food, water, ice, and medical supplies out through the
communities.
And then our biggest unit, the 53rd Infantry Bridge Combat
Team, 35,000 soldiers, 1,400 of them were in Afghanistan when I
visited them there. They were the first National Guard units in
America deployed to Iraq. We were actually in Iraq doing some very
sensitive things two weeks before the war started. That entire unit will
deploy in January back to the Iraq/Kuwait Theater.
And in Camp Blanding, which is the center of gravity for the
Florida National Guard, 72,000 acres in which we have been very
fortunate in doing $120 million in federal military construction at
Camp Blanding preparing that as not only a huge RAID in the center,
but also bringing other Army units from across the nation there, which
is good revenue for our state.
And in Tallahassee as troops command and everything that's not
otherwise mentioned is in troop command. For example, five units in
my Army Aviation Special Forces Units, of which our Special Forces
folks have been to Iraq or Afghanistan three times, some going on
their fourth time.
In the Air National Guard, we have F15s in Jacksonville, the
most modem in the nation. And, again, their headquarters is under my
office in St. Augustine. We're in space launch at the cope -- Cape. In
fact, we pretty much run the range of space launch operations there.
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September 15, 2009
Kind of a new mission for the guard.
And then we have armed and loaded F15s on alert 24 hours and
seven days a week down at Homestead, patrolling the Florida Straits.
We were there when the Brothers to the Rescue Shootdown occurred,
and we do more scrambles out of that unit than anyplace in the United
States that's on defense alert.
In Tampa, a Joint Communication and Support Squadron. And
we use those in state emergencies, too. They have very high-tech
electronic communications. Those were deployed to the Philippines
shortly after 9/11 in part of the hostage rescue there as well.
And then at Camp Blanding, again, we train all the weather
people in the National Guard and Air Force around the country in
combat weather skills.
And our radar squadron, again, it's a federal mission. When I
was in Falud, Iraq, they were there repairing that bombed-out runway.
They were at Tikrit. I've been in Korea with them. They paved the
runways down in Haiti when we were in -- when we were jumping off
into Haiti some years ago.
But the good news for the local community, they can set you up a
base camp for 500 people in about 24 hours where your bucket trucks
come in to restore electricity and for your rescue workers as well.
And then over at Tyndall we have F15s there in the training
mission, and the radars that control the airspace from Charleston,
South Carolina through the Florida Straits all the way to New Orleans,
the most modem air operation center in America, a huge room where
you can see everything that moves. Today we're tracking the
president as he makes his moves as well and providing airborne
security for the president.
We're located around our communities at 56 armories, much as
what we are proposing to build here in Collier County. The National
Guard's a community-based defense force. We bring citizen soldiers
to the fight, to our state needs from every community in Florida.i
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September 15, 2009
And what I'd like to tell you also, we are very proud to say we
are champions of diversity. Our latest battalion coming back from Iraq
was commanded by a female colonel. Her command sergeant major
was a female, her executive officer was a female. They brought back
Bronze Stars and a lot of medals saying they get it, and that's the way
we see our formations reflecting the diversity of our great state.
I meet most of the planes coming back from Iraq or Afghanistan,
and they get off in uniforms with their weapons. And I can tell you,
it's men, women, male, female, Hispanics. Whatever is in your
community we have in the National Guard. A lot of folks don't
understand the value of the teamwork that diversity brings.
And, of course, we've been everywhere and still go. And while
we were in Iraq and Afghanistan fighting the hurricanes of'05, we
also sent National Guards from Florida to the border mission that
we're having problems with along the Arizona border. So we step up
when we're asked. We had folks at the president's inauguration as
well.
So we think if we can do our federal mission and state mission,
when this war is over and they look back, that's the state that will get
the resources. And right now we are very well equipped with
equipment.
And overseas, again, everywhere. Those are Bronze Stars and
Purple Hearts. There's been 21 national guardsmen receive Silver
Stars in this war, and more than a few, a lot more than we would like
have received Purple Hearts which, of course, is a life-threatening
InJUry.
These are the Presidential Unit Citations. Those are tough, tough
to get. It's not many states that can claim a Presidential Unit Citation.
We also got a Navy unit citation. Again, we were in the fight first
because our readiness was the highest. And I would tell you today,
and I can prove it with a matrix, your Florida National Guard's the
number one National Guard state in America.
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September 15, 2009
A few months ago, the Air National Guard wing in Jacksonville
got the highest ratings of any Air Force fighter unit in the last four
years. Many, many outstanding, and our superior team awards
exceeded numbers that's been given in the last ten years. So we're
proud of that.
In the next slide we'll give you a quick look at -- we called it our
brag slide, but -- next -- it's one more down.
Let me just take a second. There's the operations center at the top
left. We patrol the Cape whenever they launch any of the large
rockets there, the Atlas -- well, actually the Titans as well and, of
course, shuttle for security.
We were in 19 large commercial airports within three days after
9/11. And this is our chemical and biological team, which we have at
Camp Blanding and Clearwater, Florida. So if there was any thought
that you had anthrax, smallpox, or any of those things, those folks can
tell you without having to go to a lab because we have a mobile lab
which we can fly in with $2 million worth of electronic chemical
analyzing equipment and folks with chemical degrees as well in
biological.
Katrina. We were there before they asked for us. And you've
seen us put out food, water, and ice in our communities around
Florida, and we get it done pretty quick. We're very proud of our
record in state response.
That's what we've done on state active duty over the last number
of years. There when our state needs us. That was a busy year, 2004
and '5. And one of them did a hook and came back and talked to us
again. I think that was Hurricane Francis.
But, again, 5,800 National Guard soldiers mobilized. And of
course, we started with Charlie in this area, and supporting Charlotte
County .
In our community based missions, About Face, Forward March is
a welfare to work program. It's federal T ANF dollar. We actually
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September 15,2009
train folks how to get a job, prepare for the job, and then help them get
that job as well.
And then our showcase and really benchmark program is Youth
Challenge. It's a high school dropout program when kids drop out
from 16 to 19. Twenty-two weeks in residence at Camp Blanding,
they get a GED. Madam Chair, what we're proud of there is, like the
last class is 162. We graduated 140. Most of those kids got aGED.
75 percent of them got so high on the FCA T -- and again, they were
high school drop-outs -- that they actually got a high school diploma.
And then we have a mentor that stays with them for a year. Very
successful program using federal and state dollars. Mostly federal.
And that was rated number one three years ago. Rated number two in
the nation last year. Every one of these programs have been rated
number one or two in the past five years comparing to like programs
across America.
And here's our brag slide. We say that without false pride
because those are facts. Both the Army and the Air National Guard
have five Army aviation units. The good news is we traded our
Apaches, which are attack helicopters, for lift, because we think the
governor and you will need lift if we have a hurricane, so we can bring
in large Shinooks, large Black Hawks to move folks in and out, move
supplies in and out. And our high-wheel trucks which are new will
actually operate at 36 inches of water, and that's a lot of water.
And we do this being right at the very top of our nation and
Army and Air National Guard evaluations. So those are not us
evaluating that, Madam Chair. That's the active Army and the Air
Force coming in and saying, how are you doing business, at a time of
engagement. And we're on two fronts and fighting 14 hurricanes. We
think we bring young people of this community -- from this
community to train schools with leadership skills going back.
I'll close with a couple small points. If you join the Florida
National Guard, you get free tuition at any community college, any
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September 15, 2009
technical school or major university in Florida. If you bring -- come
to the Florida National Guard with $10,000 in debt from a previous
school debt where you had school loans, we will pay that off as you
serve with us.
A lot of opportunity for leadership development. Now, we'll
have trucks and jeeps here. The good news is that translates into local
purchases for your community. The maintenance of the Army is all
local in nature.
So we think we bring drug-free, disciplined young leaders to the
fight and, in return, we challenge them to move forward in their
military careers.
Madam Chair, subj ect to questions from you and your
commissioners, that concludes my briefing. Sorry to be a little fast,
but I do that in respect of your time.
CHAIRMAN FIALA: You did wonderfully. Some people drag
things out. You just -- you kept us spellbound. And I can't -- I can't
see a downside to this at all, no matter how hard I look. It looks like
this is going to be a wonderful marriage between the two.
Commissioner Henning?
COMMISSIONER HENNING: I only have one question for
Theresa Cook.
GENERAL BURNETT: Yes.
COMMISSIONER HENNING: Theresa Cook, our airport
authority.
GENERAL BURNETT: Oh, sorry.
COMMISSIONER HENNING: Thank you. Is it your
understanding and the airport authority's, that the
115-or-whatever-thousand dollars will return to the board annually?
MS. COOK: Commissioners, my understanding, that the
approximate $115,000 annual lease payment would be a reduction in
the debt from the airport authority and still benefit the community.
The debt that the airport owes the community --
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September 15,2009
COMMISSIONER HENNING: Correct.
MS. COOK: -- for managing the airports, this would reduce that
debt by $115,000 annually the first year, and it would increase at 1
percent per year and five -- and would go to fair market value every
five years as the FAA requires.
COMMISSIONER HENNING: And that money goes into the
general fund?
MS. COOK: The money is not taken out of the general fund. It
is money that is already owed to the Board of County Commissioners.
The debt would be forgiven, if you want to say, or reduced from the
airport authority's debt. So you wouldn't actually take money out of
the general fund at any year. You would reduce the debt that exists
over here currently by that amount each year.
COMMISSIONER HENNING: All right. Well, let me ask you.
The moneys that the Corps -- or the Reserve pays goes to the county?
MR.OCHS: No, sir. The Reserve is not paying actual
hard-dollar rent. The value of their rent by FAA regulations, the
airport authority needs to get fair market value for any leases on
airport property. But as Theresa explained back in 2007, the board
said when we first brought this concept that that fair market value
would be arrived at by imputing the value of that lease and using it as
an offset against the loan that the board had previously made to the
airport authority that's due to be paid back. So the value to the airport
authority is a reduction in that -- in that debt by that $115,000
annually.
COMMISSIONER HENNING: Okay.
MR. OCHS: That's why we call it an imputed value.
COMMISSIONER HENNING: Right. And I don't know if I
want to get into the discussion about that debt. It's a pretty good loan
to the airport authority.
MR.OCHS: It's about $20 million, I believe.
COMMISSIONER HENNING: Yeah. Interest free or cheap
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September 15, 2009
interest or something like that?
MR.OCHS: I don't recall that.
MS. COOK: It is not interest free. It's interest accumulated at
the rate each year that's determined by the state interest rate.
COMMISSIONER HENNING: Okay.
CHAIRMAN FIALA: Okay. Commissioner Coyle?
COMMISSIONER COYLE: General, I would just like to say
how much we appreciate you coming down and visiting with us today.
Excellent presentation. I've had the distinct pleasure of working with
the elements of your command, specifically the 20th Special Forces
Group.
GENERAL BURNETT: Yes, sir.
COMMISSIONER COYLE: And I would make a motion that
we approve --
COMMISSIONER HALAS: Second.
COMMISSIONER COYLE: -- this contract.
CHAIRMAN FIALA: Pardon me?
COMMISSIONER HALAS: He made a motion.
COMMISSIONER COYLE: Just say yes.
CHAIRMAN FIALA: Okay. We have two speakers. And you
made a motion to approve --
COMMISSIONER COYLE: Approve, yes.
COMMISSIONER HALAS: Yes.
CHAIRMAN FIALA: -- and you seconded it. Okay. We have
two speakers. Would you call our speakers, and then Commissioner
Henning is next -- I mean Halas is -- or Coyle -- Coletta. I knew I'd
get that name.
COMMISSIONER COLETTA: It's contagious, isn't it?
CHAIRMAN FIALA: Yeah. Would you hold up the sign?
COMMISSIONER COYLE: There it is.
CHAIRMAN FIALA: I went through every one of us except me.
COMMISSIONER COLETTA: That's okay. You were going to
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September 15, 2009
get it.
MS. FILSON: The first speaker, Madam Chairman, is David
Gardner. He'll be followed by Lloyd Byerhof.
MR. GARDNER: Madam Chairman and Commission members,
General, National Guard people, I can't add a heck of a lot. I can say
this: In 1950, I joined the Massachusetts Army Natural Guard, and we
were federalized very shortly afterwards. We were the antiaircraft
defense of Boston Harbor, and as things happen in war, I ended up in
Korea, not the outfit, but that's neither here nor there.
When I came back, we had a major hurricane on Cape Cod in
1954. There was tremendous damage on all the shorefront properties.
And we were activated by the governor for, I think it was a three-week
period of time, for the protection of persons, property, to prevent
looting and so forth. And it was quite a different experience than the
previous one, but it was one that showed me the actual moving side of
the National Guard as a grunt and so -- but you've heard enough from
the general on that.
As far as having this unit at Immokalee, I think it's going to be a
great catalyst, if you will. You've seen big plans on what Immokalee
can be. Well, it's got to start somewhere, and I think that this unit here
will be the fuse that really gets Immokalee moving. And I'm looking
forward to it greatly as a member of the airport authority. I think we
will enjoy a great organization with them. So thank you very much.
MS. FILSON: Your final speaker is Lloyd Byerhof.
MR. BYERHOF: I think there may be some mistake on when I
should appear. I plan to address Item 16.
MS. FILSON: Oh, the airport authority item that was pulled off
the consent.
MR. BYERHOF: Yes.
MS. FILSON: Okay. I'll change the number.
CHAIRMAN FIALA: Okay, thank you. And I will--
MR.OCHS: Madam Chair, excuse me. I know that the general
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September 15,2009
wanted to take just a brief moment to introduce the staff that he
brought along today --
CHAIRMAN FIALA: Okay.
MR. OCHS: -- if the board would allow.
GENERAL BURNETT: With your permission, Madam Chair.
CHAIRMAN FIALA: Sure.
GENERAL BURNETT: My team today, my aide, Captain
Adam Curry, who served two years in Iraq. If you notice a Bronze
Star and the coveted Combat Infantry Badge, which I know Army
folks know what it takes to get that, and that's a tough duty in combat.
Our engineer, Colonel Mike Wagner from St. Augustine, who
has been able to put 120 million of federal military construction and
50 million of state money into renovating our armies over the last five
years.
And Lieutenant Peck, who will be going to Kuwait and Iraq in
January .
(Applause.)
GENERAL BURNETT: And Madam Chair, we also thank Ms.
Cook for great support in the Immokalee Airport. We like to go to
communities where we're welcome, and I can tell you it's been
overwhelming here. And Colonel Retired Jim Mudd, the County
Manager, done a great job in working with his deputy as well, and Mr.
Courtwright (phonetic) and Hummingbird. We just can't thank you
enough for the warm welcome we've gotten. I can tell you, we don't
have an army; we have a ground missions. Our plan, as you might
have seen, is to build a $15 million Army here in the next five years.
Once that goes on the five-year defense plan, we can go to our
congressional delegation, pull it off, and get an earmark, which I know
some folks are concerned about, but I don't think they're dishonorable
when they go to support our great nation in defense of freedom and
liberty, and we'll get some state funds.
So you would anticipate us moving forward a little quicker. And
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September 15, 2009
again, it's incredible, the demographics of the great young folks that
are going to your high schools and leadership in the school system
down here. Thank you.
CHAIRMAN FIALA: Thank you.
Commissioner Coletta?
COMMISSIONER COLETTA: Sir, before you leave, if I may.
GENERAL BURNETT: Yes, sir.
COMMISSIONER COLETTA: I was hoping that it would come
to me and I'd be able to make the motion, but one of my fellow Army
buddies here went ahead and did it ahead of time. That's just fine. I
couldn't be happier --
COMMISSIONER HALAS: Corporal and a sergeant.
COMMISSIONER COYLE: That's the difference.
COMMISSIONER COLETTA: Behave yourselves.
COMMISSIONER COYLE: That's why I was first.
COMMISSIONER COLETTA: We might have to call on you to
bring order to this mess.
GENERAL BURNETT: We have the four star here, sir.
COMMISSIONER COLETTA: But, sir, is there -- other than the
fact that we still have some legislative issues that we have to
overcome to get where we need to be, is there any other impediments
that exist that you want to share with us that we may be able to help
overcome?
GENERAL BURNETT: No, sir. We don't see that at this
juncture. When I do go to our delegation, I may come back with hat
in hand asking for a letter from you to our congressional delegation
asking them to support the military funding, military construction
funding for that new Army. That would be the only thing. Other than
that, it's a process. And, again, we respect, you know, the
architectural here. We will have something that represents that of the
greater community, and certainly we go right with the building codes
and all of those kinds of things, so we're in sync with the leadership at
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September 15,2009
the county management level as we do that.
Now, I think you joined the Army Reserve in 1963?
COMMISSIONER COLETTA: You're very good, sir. Yes, I
did.
GENERAL BURNETT: That's the year I joined the Air National
Guard, so -- 47 years ago almost.
COMMISSIONER COLETTA: Small world, isn't it?
GENERAL BURNETT: Yes, sir, yes sir. Thank you for the
servIce.
CHAIRMAN FIALA: He was only three at the time.
COMMISSIONER COLETTA: Four, four.
CHAIRMAN FIALA: Four.
COMMISSIONER COLETTA: But sir, one of the things that we
might be able to avail ourselves to you with is the fact that we do set
legislative priorities, both state and federal, and if somewhere along
the line we can include those priorities to be able to move your
funding forward --
GENERAL BURNETT: Thank you.
COMMISSIONER COLETTA: -- all you have to do is say so,
and we'll start the process. This commission has been very supportive
of the airport to the commercialization taking place in Immokalee.
This is the one biggest thing that's happened in the ten years that I've
been involved with the process.
GENERAL BURNETT: Well, the state does pay 25 percent of
the construction of the Army, the federal, 75. And previous Governor
Bush and certainly Governor Crist, who's done an outstanding job in
supporting us, that's where the state funding starts. And when I get it,
I can go to the feds and say, I've got the state money, and then I can
also go to the state and say, we've got the federal money. I can tell
you, with the support of congress and Bill Young up in Clearwater, we
pretty much can look at having the federal money without question.
COMMISSIONER COLETTA: But our resources remain
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September 15, 2009
available to you. Thank you.
GENERAL BURNETT: Thank you, sir. Thank you very much.
Madam Chair, thank you.
CHAIRMAN FIALA: Thank you.
GENERAL BURNETT: It's an honor to be here. Thank you for
the time. I took too much of it. Thank you.
CHAIRMAN FIALA: Thank you very much. I have a motion
on the floor and a second.
Any further discussion?
(N 0 response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Thank you.
MR. OCHS: Thank you, ma'am.
Item #lOB
TO PROVIDE TO THE BOARD OF COUNTY COMMISSIONERS
(BOARD) INFORMATION REGARDING THE REQUIREMENT
AS SPECIFIED IN THE 2007 FLORIDA BUILDING CODE TO
OBT AIN A BUILDING PERMIT WHEN REPLACING A WATER
HEATER, AND TO INFORM THE BOARD OF THE FINAL
DECISION RENDERED BY THE FLORIDA BUILDING
COMMISSION ON THIS MATTER - MOTION DIRECTING
STAFF TO REVERT BACK TO THE BOARD OF ADJUSTMENT
& APPEALS (BOAA) REQUESTING CERTAIN EXCEPTIONS
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September 15, 2009
BE GIVEN TO SINGLE F AMIL Y HOMES REGARDING
REQUIREMENTS FOR WATER HEATER PERMITS -
APPROVED
That moves you to your two p.m. time certain. That's item 10B,
previously Item 16A5. That's to provide to the Board of County
Commissioners information regarding the requirement as specified in
the 2007 Florida Building Code to obtain a building permit when
replacing a water heater and to inform the board of the final decision
rendered by the Florida Building Commission on this matter.
This item was pulled at both Commissioner Fiala's and
Commissioner Henning's request.
Joe Schmitt will present, ma'am.
CHAIRMAN FIALA: Yes. Go ahead.
MR. SCHMITT: Ma'am, I think the executive summary and the
summary provided in the attachments are pretty clear. Florida
Building Commission ruled, and subject to your objections or
direction that we appeal, it is our intent to enforce the ruling as
directed.
So I guess I stand here before you to get your guidance. And for
the record, Joe Schmitt, community developmentl environmental
services division administrator.
CHAIRMAN FIALA: And do we have speakers, Sue?
MS. FILSON: Yes, ma'am, we have five.
CHAIRMAN FIALA: Okay. Would you call our speakers,
please.
MS. FILSON: Peter Gaddy. He'll be followed by Tim Nance.
MR. GADDY: Good afternoon, Madam Chair. If it please the
chair, I'd like permission to distribute a short written summary we've
prepared.
MS. FILSON: I can distribute those, sir.
MR. GADDY: Pardon?
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September 15, 2009
MS. FILSON: I can distribute those.
MR. GADDY: Thank you. I've already given a copy of it to the
County Attorney.
When I read the executive summary that staff prepared and was
made part of your packages, I got the impression that staff was saying
that this was absolutely mandatory that you, you know, go along with
staffs position on this.
The reason I think they came up with the answer that they came
up with is they asked the wrong question. The question they should
have asked the Florida Building Commission was whether or not it
was still optional for counties to require permitting in this area. Well,
they didn't ask that question. They asked the question where they got
the expected answer.
The fact of the matter is that Florida Statute 553.80(3), which
you have a copy of, provides that discretion for each county.
What we're basically asking for is that you give your citizens a
break here. I know someone's going to raise the issue this afternoon of
public safety. Well, if you enact this ordinance, what you will be
doing is telling the county -- the city commission or the city council of
Marco, Naples, Miami-Dade, Jacksonville, and the other 22 counties
of this state who have exempted homeowners that they're not treating
their citizens safely.
Thank you.
MS. FILSON: The next speaker is Tim Nance. He'll be followed
by Russell Tuff.
MR. NANCE: Yes. Commissioners, to continue on this
handout, what you have before you is the executive summary page
from staff which says, in the absence of an exemption applicable, and
then you've got the -- you've got the Florida Statutes which says
clearly we can get an exemption from the Florida Building Code, and
the example attached is from Miami-Dade.
If we start with water heaters, you're going down a slippery slope
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September 15, 2009
of all those sorts of things which are listed in the Miami-Dade permit
exemptions, for example, and it's just going to result in a whole bunch
of unnecessary regulation of the repairs and installation of residential
appliances and fixtures.
From a practical application, I live in the rural part of the county,
in the eastern part, and I can tell you, the cost of such regulation and
permitting being mandatory would increase the cost substantially on a
lot of installations of water heaters, and ultimately it will be expanded
to other things.
You've got people that have to take time off to have an
installation done. They're going to have to take time off again to get
the inspections done. It's really going to place unnecessary demands
and an economic burden on the residents of eastern Collier County
that can afford it the least. The people that have their own well, pump
water out of ground like I do.
We deal with corrosive water that's got sulphur in it. My heater
elements last three to five years. I've lived in Collier County for the
last 30 years, and that's all they last. And I've successfully replaced
them.
But if we are concerned about safety, one thing that we need to
talk about is the unintended consequences, and that is, if we increase
the cost, I think the effect may have the opposite impact that we're
desiring, and that would be to encourage more amateur installation. If
you make the cost so high, nobody can afford to hire a professional,
and what that's going to result in is somebody's neighbor putting in a
fixture or, perhaps, people will even be forced to delay needed repairs,
and a hazard may develop.
So I think when you look at the unintended consequence -- I
certainly hope that we just don't entertain this and that the commission
will direct staff to develop a list of exceptions that are reasonable, as
other counties have done, and move forward in this way on this. This
is a totally ridiculous situation.
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MS. FILSON: Russell Tuff. He'll be followed by Duane
Billington.
MR. TUFF: Thank you, Commissioners, for the opportunity to
speak before you. And thank you, Donna, for making it time concern.
With my forced retirement, you cut into my pool time and nap time,
so I appreciate that.
And just a few weeks ago I had to have my hot water heater
replaced, and I wasn't about to do that, because when I start plumbing,
I break and break and break, and I keep going to the hardware store.
But I had somebody come by and do it, and it was warranty. I live
where -- in his vicinity, and so you do replace it every three to five
years.
But it was under warranty. It was only two years old, and so they
charged me $216. Now, of course, I had to get the permit. And, of
course, also when you have a water heater, it's not like you have time
to go down and get a permit and do those things. You need it done
and you need it done now. And -- because I saw it running out the
garage and trying to figure out where the water's coming from.
But anyway, it's fixed, 216 bucks. It would have basically
increased my cost, as I'm counting my money a little tighter. That's a
big deal. It's a great portion of it.
And the part that they're worried about, I was told by Schmitt
when I asked him about it, was about gas and electric. And that
plumber let me plug it in myself because he was off the other side, and
it was okay. Trust me.
And sitting back, I can't imagine any value that would have been
created by a permit by, by an inspection. I think all I could see that it
would just be is cost, time, and effort. And I think, why are we even
here? Why are we even doing this?
And so I called my brother-in-law. He's a plumber up in
Fairmont, Minnesota, and does really well, and I asked, why would
we do that? And he said, it's a really good idea. I mean, it's all these
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September 15,2009
hazards. It's electric, it's gas. And I said, well, it's -- and water. And I
said, well, so what's my copy? Should I have a -- and he thought that
was a really good idea.
Well, then, that's the industry that's pushing it. They get the
permits, they get the money. You have to go through them, and it's
not driven by logic and common sense. It's driven by politics. And I
would hope that you could all see that this is just politics, it's not a
useful and necessary thing, and you would just say, let's just not do
this. It's just bad government. And let's not create more bad
government.
Thank you.
MS. FILSON: Duane Billington. He'll be followed by Bill
Wendle.
MR. BILLINGTON: Good afternoon, Commissioners. I'm a
little concerned where we're going here, so I'd like to kind of maybe
look into the future.
The year is the year 3001. Out at the side of the road instead of a
mailbox that got removed years ago because the snap was $85, sits a
county permit for -- so if you're doing something at your home, if
you're going to fix a plug on a lamp, before you fix that plug, you go
out to the county permit board, you put in your debit card. They don't
need to send an inspector because they know you're perfectly capable
of plugging that plug on. But, you know, we want to get our fee.
If you break a drawer, go out to the permit board, put in your
debit card, hit it again. Any little repair. You know, it's convenient.
You don't have to call the county. Let's just go out to the permit board
and do it again. I mean, when is enough enough?
You know, there's a tradition in this country of people being
self-sufficient, making their own repairs. It doesn't take an Einstein or
a genius to put in a hot water heater. Most average handymen, except
for Russell Tuff, could probably do it no problem at all. So, you
know, when is enough enough? Thank you.
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September 15,2009
CHAIRMAN FIALA: But he did plug it in successfully.
MR. TUFF: Yes.
MS. FILSON: Your final speaker is Bill Wendle.
MR. WENDLE: Good afternoon. I'm Bill Wendle with the
Collier Building Industry Association. And we're here in support of
this regulation on replacing water heaters. We believe that the
combination of water, electricity, gas, and now some solar ones,
creates an equation where there's a lot of room for errors in the
hooking up of these devices, and we believe that the public safety and
other people in a given building are better served by a professional
putting these in.
You can also put them in yourself and have them properly
inspected and meet those criteria. So we're in support of this
regulation of water heater replacement.
Thank you.
CHAIRMAN FIALA: That's all of our speakers?
MS. FILSON: Yes, ma'am.
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
You know, I've been listening to, especially Peter Gaddy and
Tim Nance, and by gosh, Russell Tuff was absolutely marvelous, you
know, I mean, the insight that he gave us that we never got before.
And I agree with them. I mean, this is -- I'm not -- I'm not -- I
don't consider myself an extremely talented person around the house
for fixing things, but there's one thing I've done for years was put my
own water heater in.
Many years ago I had it fixed up with a flexible-type pipe where
you do nothing more, and you just screw it in. When you have a new
water heater to that fitting, you'd have to make new sweat fittings.
You didn't have to do much else. You just fastened it together and
plugged it in, and fine. And about three, four years you have to do it
over again. It just doesn't last long down here.
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September 15, 2009
Why all of a sudden am I going to have to be required to go
through a permitting stage? So I guess the question -- there's two
questions I got. Is it true, Mr. Klatzkow, I don't know -- I hope you
can answer these questions. But is it true that there has been
communities that have exempted themselves out, like Miami-Dade,
Naples, and Marco Island?
MR. KLATZKOW: Yes.
COMMISSIONER COLETTA: And then, what happens if we
do opt out? Suppose this commission today says, you know, we really
don't want any part of this. This is something that should be in the
domain of the residents themselves to do within their own ability?
MR. KLATZKOW: Well, my office has been talking to Brad
Schiffer of the BOAA, and his suggestion is that we take this matter to
the BOAA to come up with a possible exemption to then bring back to
the board to see if you'd like to consider it.
COMMISSIONER COLETTA: Well, I'm for that.
MR. SCHMITT: Commissioner, can I clarify? Because
according to statute, that's the same statute I believe that Russell Tuff
might have cited, Chapter 553.80(3). It's also in the Florida Building
Code. It basically states that there is an exemption. It has to go back
through a local board. Your local board is the Board of Adjustment
and Appeals. And I do note -- and if you read the highlight, it
specifically identifies. And I need to make sure you understand, there
is an exemption.
And you asked, do other counties have other municipalities
exempt it? Some may have not gone through the proper procedure. If
we're going to proceed through the proper procedure, we should take
this back through the BOAA, and it identifies for single-family homes
only. Condominiums are not -- cannot be afforded this same waiver.
Single- family home, you're responsible for your home, you're
responsible for what you do in your home.
A condominium, on the other hand, could impact neighbors.
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September 15, 2009
And as a result, the actions that you may take or not take could impact
the neighbors. And that may be from a legal perspective. But I think
the best thing that we do is we go back through the Board of
Adjustment and Appeals, ask the question, basically, do they want to
exempt owner/builders is the word, from a requirement for a permit,
and we'd come back to you with an ordinance basically exempting
those and any other things that -- what they are allowed to exempt
within the Florida Building Code.
COMMISSIONER COLETTA: Mr. Schmitt?
MR. SCHMITT: Yes.
COMMISSIONER COLETTA: This board of the appeals,
zoning appeals board?
MR. SCHMITT: Yes.
COMMISSIONER COLETTA: Who makes that up?
MR. SCHMITT: Board of Adjustment and Appeals are members
you appoint. You appointed one, in fact, today and your --
COMMISSIONER COLETTA: Members of the industry, right?
MR. SCHMITT: Members of the industry, yes.
COMMISSIONER COLETTA: Okay. Now, we already heard
from one member of the industry today who was in favor of this
ordinance for obvious reasons. You know, you want to, especially in
these troubled economic times, you want to try to assure that you're
going to have a certain amount of work coming down the pike, you
know, a reasonable period of time. What better way to have a new
ordinance that doesn't allow people to reach out and do this.
Suppose this board goes and they come out and they say, you
know, we don't -- we agree with the builders' association or whatever,
and we're not going to exempt you from it? Now, can the Collier
County Commission come in and override them?
MR. SCHMITT: Legally, yes. They're your -- they're an
advisory board.
COMMISSIONER COLETTA: Then why are we going through
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all this trouble?
MR. SCHMITT: They're your technical advisory board. If you
want to -- if you don't want to go to that board, we'll come back with
an ordinance.
COMMISSIONER COLETTA: No, no problem. We owe them
the time to be able to hear from them because we did appoint them,
but it does come back to us for a final decision.
MR. SCHMITT: That's correct.
COMMISSIONER COLETTA: How long ofa period of time
would this be, and what's happening in the interim?
MR. SCHMITT: The interim is still, there's no requirement for a
permit.
COMMISSIONER COLETTA: Okay, good.
MR. SCHMITT: That was a directive that was put out when we
came back to you with this item back, I believe in April, if I'm not
mistaken, when we started this quest to go to the Florida Building
Commission.
So there's still no requirement. We would take it back to the
Board of Adjustments and Appeals for their technical review. If you
don't want to do it, then we'll just come back with an ordinance. What
I need from this commission, the Board of County Commissioners, is
guidance as to what is it you want to exempt.
COMMISSIONER COLETTA: I think you hit it on the nail.
MR. SCHMITT: Because conversion from electric to gas -- I
know Russell mentioned plugging in water heaters. Now you buy
water heater, you don't -- there's no plug-in anymore. It's no longer--
COMMISSIONER COLETTA: Supposed to be hard wired
directly in.
MR. SCHMITT: It's supposed to be directly hard wired, which
sometimes requires an upgrade of the service through your, you know,
your breakers. So it's kind of how -- where do you want to go with
this, because is it like kind for like kind? If you're converting from
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electric to gas because we --
COMMISSIONER COLETTA: That's a whole different thing.
When you're going to gas, you're talking about the chimneys going up
through the house and making sure everything's vented properly. I
know I wouldn't possess those skills to be able to go forward.
Run it by them, bring it back to us. Between now and then we'll
have plenty of time to weigh everything and be able to get the public
even more involved.
As far as condominiums go where you have numerous people
living next door to each other, that might not be a doable thing then.
But once again, you know, let's not do anything at this point in time,
and then act on it after we get back the determination from the
advisory board, and then give the public a chance to weigh in on it.
MR. SCHMITT: And if I could encourage folks to attend that
meeting. The BOAA we had was duly advertised. There was not a
member of the public there when we conducted the first hearing.
There was -- no one showed up, no one presented any type of rebuttal.
We will advertise that meeting, we'll make sure everybody
knows, and hopefully they can come and present their views to the
members on the BOAA, and we'll come back to you with what they
propose.
CHAIRMAN FIALA: When you advertise, you might include
some of these people in your advertisement.
MR. SCHMITT: Oh, I certainly will.
That's good. Commissioner Henning?
UNIDENTIFIED SPEAKER: I didn't know it existed until this
morning.
CHAIRMAN FIALA: Commissioner Henning.
COMMISSIONER HENNING: Could you please send us the
advertisement to that meeting?
MR. SCHMITT: Yes, sir, we will send you the advertisement.
COMMISSIONER HENNING: Just an observation. I think this
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is a display of the public's outrage of what's happening in Washington,
D.C., of the silliness that's going on.
There's some other things that will require permits that you
probably don't -- are not aware of because it's not in the fee schedule
such as, Mr. Tuff, if you're not on city water, if you have to replace
your water pump, you need a permit for it. Well, that's a -- at no
charge. But a water pump, you need a permit for. And I've seen
examples where they're charging for that.
So maybe there's some other things in what the community
development is charging for based upon their understanding, things
that you can just plug in, things that don't need to be converted from
gas -- from electric to gas and things of that nature.
I think it would be a great time in these economic times to look at
other things to try to lessen the burden on the public. After all, we are
here for the public, right?
CHAIRMAN FIALA: That's why we're here.
COMMISSIONER HENNING: That's why we're here. So I
would like to give that direction.
But also I seen the item that went to the BOAA, and I think the --
what needs to go to BOAA is, this is the Board of Commissioners'
desire to not require permits for replacement of like kind water pumps,
water heaters, and other common-sense items. That's what I would
like to see.
County Attorney, we had a discussion earlier about an advisory
board member of the perception of conflict of interest. I can tell you
that the CBIA's -- we know the CBIA's stance on this issue, it's for
members to produce more business. That's obvious.
Now the question is, the president of the CBIA sits on the
BOAA. Wouldn't that be a conflict of interest?
MR. SCHMITT: No.
MR. KLATZKOW: No. There's no direct--
COMMISSIONER HENNING: But it would be for a member of
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the parks and rec to --
MR. KLATZKOW: His company does business with the county
directly. They have a number of contracts with us.
COMMISSIONER HENNING: Yeah, but those contracts for
construction should not come before parks and rec.
MR. KLATZKOW: Sir, it's just the simple fact of having --
doing business with the county falls -- you fall under the Florida
Statute. It's not a board ordinance. It's a Florida Statute.
COMMISSIONER HENNING: I know. I understand that. I
understand that. But if you're ruling on something that can benefit
you -- if I had a business, if I had a water heater replacement business
and belonged to CBIA, shouldn't I abstain from it?
MR. SCHMITT: Commissioner Henning, for the record, the
president of CBIA does not sit on the BOAA. The president sits --
there's a member of the CBIA who sits on the Contractor Licensing
Board, but BOAA --
COMMISSIONER HENNING: My apologies.
MR. SCHMITT: I just want to make sure for the record that --
COMMISSIONER HENNING: That is a big mistake.
MR. SCHMITT: And there are already provisions for
exemptions. I just put that up for your edification. There's already
provisions in the Florida Building Code for exemptions.
And we'll take -- we'll take the entire matter back at your
direction and bring it back to the Board of Adjustment and Appeals for
their recommendation; we'll bring it back to you.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yes. Joe, you touched on a subject
that I think is one of the areas that we need to address and that is, if
you change the appliance out for something other than what it was
intended for, in other words, if you have an electric hot water heater
and say, I'm going to go to natural gas or bottled gas, I believe that
there needs to be a permit and inspection done on that. The reason
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being, that if something is not addressed properly and whether it's
venting the unit out the side of the house with some of these
high-efficiency hot water heaters or if somebody is not familiar with
the gas hookup, not only would he put himself in danger, but there's a
very good chance that he could endanger his neighbor if they're close
by.
So as far as a direct swap-out, I don't have any real problem with
that. Hopefully that, if as these old hot water heaters get swapped out
with electric and they now become hard wired, I think that's left up to
the homeowner, what he wants to do in regards to wiring that up. But
I would hope that if they're not familiar with wiring up a 220, that they
would get the assistance of a licensed electrician to assist them in that
manner.
CHAIRMAN FIALA: Thank you.
MR. SCHMITT: And we'll bring all that back for the BOAA.
And just for your understanding, there's two separate chapters within
the Florida Building Code, one for residential and one for commercial,
separate chapters on what to inspect and how to install. So it's nothing
that's taken lightly by the Florida Building Commission.
But we'll take it back to your advisory board and -- with the
guidance that Commissioner Henning just specified, and bring that --
we'll get a recommendation from them and bring it back to you.
CHAIRMAN FIALA: Do we need a motion on that or --
MR. KLATZKOW: Yeah. I think for the record a motion would
be appropriate.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Madam Chair, I make a motion
that we direct staff to go to the advisory board to seek some
exemptions, such as water heaters, water pumps and the like, from
inspection and permitting of --
CHAIRMAN FIALA: Single-family homes.
COMMISSIONER HENNING: -- single-family homes, as long
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September 15,2009
as the items are like-kind replacement.
COMMISSIONER COLETTA: If I may?
COMMISSIONER HENNING: Yes.
COMMISSIONER COLETTA: There's a lot more we covered.
You just might say with guidance from the commissioners that was
given with the business of gas. They might be doing gas to gas, too.
They might have to run new pipes, so it might be a little bit of an
Issue.
COMMISSIONER HENNING: Yeah. I think by saying, you
know, water heaters that are like kind would be if you're going to gas,
gas.
COMMISSIONER COLETTA: I'm fine with it. I second it.
CHAIRMAN FIALA: Okay. Any further discussion?
(N 0 response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: So that's a 4-1 vote.
And now we're going to go to Item 6D first, and then we'll go to
Item 6C; is that correct?
MR. OCHS: Ma'am, I believe Chief Dyer was going to be heard
firs t.
CHAIRMAN FIALA: Oh, okay.
Item #6C
PUBLIC PETITION REQUEST BY CHIEF DOUG DYER TO
DISCUSS ALLEGATIONS MADE AGAINST EAST NAPLES
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FIRE CONTROL AND RESCUE DISTRICT BY DR. ROBERT
TOBER - MOTION DIRECTING STAFF TO MEET AND TO
RETURN TO THE BOARD WITH SUGGESTIONS FOR A
POSSIBLE RESOLUTION - CONSENSUS
MR.OCHS: And that would take us to Item 6D, which is your
2:30 time certain, ma'am. I'm sorry, 6C. That's pub- --
CHAIRMAN FIALA: 6C would be first then? I'm sorry.
MR.OCHS: Yeah. Public petition request by Chief Doug Dyer
to discuss allegations made against East Naples Fire Control and
Rescue by Dr. Robert Tober.
CHAIRMAN FIALA: By the way, let me -- let me stop right
here. These are public petitions, and on public petitions we don't have
speakers. The public petitioner is given 10 minutes, and then the other
-- you know, and then we talk about it, but there's --
MR.OCHS: Yes, ma'am.
CHAIRMAN FIALA: -- no outside speakers or anything. So I'm
sorry for anybody who's handed in any speaking slips. We only hear
from the petitioner. Thank you.
CHIEF DYER: Good afternoon, Commissioners. As Mr. Ochs
said, my name is Doug Dyer. I'm the fire chief for the East Naples
Fire Control and Rescue District.
First let me say, there are many issues surrounding the
relationship between Collier County EMS, Dr. Tober, and the area fire
districts, but today I only want to address one of those issues.
I know Dr. Tober or members of staff may want to respond if
they have that opportunity to do so. I would ask if they do that they
stay on topic and not bring up other issues unless this board allows me
to respond in kind.
I'm speaking with you this afternoon under the public petition
format to discuss a grievous matter with you, that is the false
allegations of cheating being made by Dr. Tober and certain members
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of the Collier County EMS staff against the paramedics of East Naples
Fire Rescue.
I am not speaking on behalf of North Naples Fire Control and
Rescue District, although they may voice similar sentiments.
It is not my intent to embarrass anyone or create more drama. I
do conduct myself in such an unprofessional manner. But some have
asked why are you dragging this out again, especially in a public
forum? It's really quite simple. Because it's unresolved. It may be
resolved for others, but it is unresolved for us. And on behalf of the
dedicated men and women who serve the East Naples community, I
intend to bring this out and bring it to a close.
I'm addressing my concerns to you, the supervisors of those
individuals I mentioned, and for the record, I'm emphatically stating
that the paramedics of East Naples Fire Control and Rescue District
did not cheat on any tests.
This past May, Dr. Tober and senior members of the EMS staff
reported to the Naples Daily News and the state EMS bureau that
firefighter/paramedics of East Naples and North Naples fire districts
had cheated on a test, his test, because, as he stated, we all passed.
And what are the chances of that?
In response, both departments engaged Attorney Donald Day to
independently investigate this matter. We released this report in July
on the 24th. Paper and digital copies were hand delivered to each of
you commissioners, and given the nature of these allegations against
two independent government agencies, I'm sure you took the
opportunity to read it.
But for anyone who has not had an opportunity to read that report
-- which I see Commissioner Fiala has hers -- I'll hit the highlights,
while adding a little common sense along the way.
Test cheaters. Just who are we talking about? We're talking
about most of the people wearing the white shirt that has the East
Naples patch on it. We're talking about 31 people, many of whom
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have successfully worked for EMS and under Dr. Tober's medical
license for years and many who you know personally.
Our medical trainers, Captain Andrea Schultz and Lieutenant
Diana Watson, worked for Dr. Tober as paramedics and as EMS
trainers.
But what about their intellectual abilities? Captain Schultz holds
a bachelor's degree in health sciences. Lieutenant Watson holds a
master's degree in public administration. Some of our other members,
Lieutenant Davenport, holds a bachelor's degree in accounting and
finance. Firefighter McCrory has a bachelor's degree in accounting.
Engineer Kevin Nelms holds an associate's in emergency medical
services and taught paramedics, many of the paramedics that are on
the road today working for EMS, for Edison College.
Others in our department hold bachelor's and associate's degrees
in many related fields, especially emergency medical services or fire
SCIence.
And let's talk about me, the fire chief. I, too, am a paramedic,
and I took that test along with our paramedics because, as leaders,
that's what we do. And I did not cheat on that test.
I've been with East Naples Fire Department for almost 17 years,
and almost 28-plus years, or a little over 28 years as an Army Reserve,
United States Army Reserve full colonel, having retired just this past
December with a tour of duty in Afghanistan and Uzbekistan, tour of
duty in Kuwait and Iraq.
I relinquished my assignment as a brigade commander and dis-
enrolled from the Army War College when I became the fire chief. So
I'll ask you, do you think I had any need or desire nor would I condone
any cheating on a test like this?
Given our credentials, the many firefighters and paramedics that I
just described, is it reasonable to believe that we're just not smart
enough to pass a test? Is it reasonable to believe that our paramedics
have no honor and no integrity as public servants? Did I or any of our
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paramedics deserve to be called clowns by Dr. Tober?
Some have said we were motivated to cheat because there was a
financial incentive involved. That is not true. Our firefighters receive
no financial incentive to be Tober certified. They do receive a
financial incentive to be state licensed as a paramedic from the State
of Florida.
Now, to most reasonable people, it is logical to believe that we
passed the test just because we studied. It's reasonable to believe that
each of our paramedics is dedicated to their profession and to the
community that they serve.
I know I've trained hundreds of people throughout my fire service
and Army careers, and I've always been delighted when my students
passed. That reflected my abilities as an instructor. If my students
failed, that, too, reflected my abilities, and I took that personally.
If Dr. Tober was genuinely concerned about our abilities to
practice para-medicine, I find it puzzling that he chose to report his
concerns to the Naples Daily News and NBC2 rather than Chief
Stolts, North Naples Fire Department, or me.
Dr. Tober's response was, well, the fire chiefs might be involved
in this as well. If true, why did he not take this up with my supervisor,
chairman of the board, Commissioner Tom Cannon, or Chris
Lombardo, chairman of the North Naples board?
I'll even bet -- I might be wrong -- that you probably weren't
aware of it either before he or someone called the Naples Daily News.
You know, I don't think Dr. Tober was ever really interested in
whether or not we knew the material; otherwise, why did he not retest
us, as recommended by Dr. Weiss or your EMS policy advisory
board?
As fire chiefs we did, in fact, direct an independent test be
prepared and administered just to make sure we knew where we stood
with our firefighters and paramedics.
Finally, if Dr. Tober was so concerned about our skill levels, why
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did he not immediately, immediately, suspend our authority to
practice under his license as prudence would dictate?
So why did Dr. Tober and EMS supervisors accuse us of
cheating? This is my belief. I speak for me and no one else, but I'm
going to say this. It is my sincere belief that the entire scheme was
designed to embarrass and discredit the fire service to advance -- are
you ready for this -- coming from the county, to advance an
anti-consolidation agenda.
Dr. Tober is a contractor who reports directly to you, the Board
of County Commissioners, yet he has unilaterally and repeatedly made
policy decisions probably without your knowledge that are contrary to
your directions. His decisions and actions have severely strained what
was otherwise an extremely cooperative relationship between Collier
County Government and the various independent fire districts.
But Dr. Tober did not act alone. He's way too busy for that. He
was aided by senior members of your county staff who also wish to
advance an anti-consolidation agenda. I'm sorry. I just find it
completely ironic.
Finally, I want you to be aware that our Board of Commissioners
has supported our 31 paramedics in the lawsuit against Dr. Tober.
Thank you.
CHAIRMAN FIALA: Thank you, Chief Dyer.
Commissioner Henning, did you have something to say?
COMMISSIONER HENNING: Yeah, a question.
CHIEF DYER: Yes, sir.
COMMISSIONER HENNING: The report from your -- Mr. Day
stated that it was an investigative team who conducted this?
CHIEF DYER: Right.
COMMISSIONER HENNING: How many was on the
investigation team?
CHIEF DYER: Two, himself and his private investigator.
COMMISSIONER HENNING: Okay.
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September 15, 2009
CHIEF DYER: Bill Smith is his name.
COMMISSIONER HENNING: And I didn't hear, but I'm
assuming that you're requesting the Board of Commissioners to direct
the County Manager to do an investigation on the allegations?
CHIEF DYER: Well, I ran out of time. If I could -- if I may? It
would take about 30 seconds.
Commissioners, I will not recommend a course of action to you
about what to do about Dr. Tober or the members of your staff. It
should be obvious, but that's your issue to resolve. I don't want people
telling me how to do my business. I suspect you're probably the same.
My purpose is simply to give you the professional courtesy of
addressing you with my concerns face to face and publicly go on
record to clear the good names of our paramedics in the East Naples
Fire Control and Rescue District.
COMMISSIONER HENNING: With that said --
CHIEF DYER: It's up to you, sir.
COMMISSIONER HENNING: No. With that said, I think your
request in our agenda states, the East Naples Fire Control District is
requesting the Board of Commissioners to direct the County Manager
to conduct an investigation into the conduct of Dr. Tober, so on and so
forth.
Now, the East Naples Fire Control District, what you wrote in
your petition, is that the fire chief and the firefighters, or is it the fire
commission that wishes to do that?
CHIEF DYER: It is the fire chief supported by the board of fire
commissioners. And after discussing it with them, we had to meet a
tight time line to get that petition request in. I discussed it with
Commissioner Cannon, and I withdraw that particular objective. I -- I
mean, I wanted to withdraw that particular objective.
COMMISSIONER HENNING: Did you ask the fire commission
in a fire commission meeting to request the Board of Commissioners
to do such a thing?
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September 15,2009
CHIEF DYER: Yes.
COMMISSIONER HENNING: And their response was?
CHIEF DYER: It's up to me on that particular issue.
COMMISSIONER HENNING: It's up to you?
CHIEF DYER: Uh-huh. I wrote it, and I wanted to withdraw it.
COMMISSIONER HENNING: Okay. Thanks for the
clarification.
CHIEF DYER: You're welcome.
CHAIRMAN FIALA: Now Commissioner Coyle.
COMMISSIONER COYLE: You mentioned a lawsuit.
CHIEF DYER: Yes.
COMMISSIONER COYLE: One of the questions that we
always ask concerning these petitions, is the subject matter under
litigation at this time? Apparently it is not under litigation at this time
but you did make the threat of a lawsuit.
CHIEF DYER: Yes, I did.
COMMISSIONER COYLE: Then I don't know why we want to
discuss this any further, because it inevitably will lead to a lawsuit
against the county if it is pursued. And I think the best thing we can
do is accept the report that has been provided to us without
commenting further on the report or the allegations or any actions we
are likely to take.
CHAIRMAN FIALA: You know, I know that is our practice.
And I'm just glad you came forward. We get -- we get a barrage of
letters every day from Dr. Tober, and you guys just sit there and take
it on the chin, and I've been hoping that you would --
COMMISSIONER COYLE: Give me a break.
CHAIRMAN FIALA: -- come back and respond. Well, that's -- I
have to say that. So at least that's why we've heard from them, and I'm
glad you did that, and I thank you for that.
Your face is red, Commissioner Coyle.
COMMISSIONER COYLE: My blood pressure just peaked.
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September 15, 2009
COMMISSIONER HENNING: We've got a paramedic in the--
COMMISSIONER COYLE: Is there anyone here with an AED
handy?
CHAIRMAN FIALA: Yeah. Would you step out in the hall.
COMMISSIONER COYLE: No. Let me tell you that both sides
has been guilty of this for a decade or more.
CHIEF DYER: Twenty years.
COMMISSIONER COYLE: Yeah, at least that long. This has
been going back and forth, and there's been a major campaign on
behalf of the fire districts. There has been -- never been anybody in
the head of our Emergency Medical Services that the fire districts
have considered to be acceptable. We've had this debate. And I'm not
making judgments, okay. I'm merely stating facts.
So the fact that this has been a one-sided argument for this period
of time is really a big, big simplification because the fire departments
are very vocal, and they have a lot of support, and they turn out for all
of these issues.
And this is the most vocal and public disagreement we've had,
and we need to do something about that. But to cast it as if Dr. Tober
is the only one speaking out is, in fact, entirely wrong because you've
had -- you've had news coverage on this same topic throughout the
past several months. So both sides have been getting to the
newspapers.
And I don't intend to engage in a debate, and I'm not going to
take sides here. What I do want to do, however, is ask our staff to
start looking at a broad-based solution to the issue of integrating all of
our assets in the entire county, and not consolidating, but making sure
that we have a broad-based plan to integrate all of our resources in the
county into an effort, not an organization, but an effort to provide the
people of Collier County with the best possible Emergency Medical
Services.
So if the chairman would permit me to do so, I'd like to provide
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that guidance to the staff and say, hey, look into developing
cooperative agreements and let's see if we can't get out of this -- this
argument, because it's not going to end. I'll tell you, there will never
be, never, ever, ever be anybody that we hire that will be acceptable to
you. That will never happen. And so what we need to do is to solve
that problem, and I'd like to search for that way of doing it.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: I'm sorry. Is Dr. Tober in the
room?
DR. TOBER: I am, right back here.
COMMISSIONER COYLE: Yes.
COMMISSIONER COLETTA: I'm sorry, sir. I couldn't see
you. I would like to -- not that I want an argument to take place, but
there is --
CHAIRMAN FIALA: Uh-oh.
COMMISSIONER COLETTA: I'm sorry. There have been all
sorts of allegations made about Dr. Tober that mayor may not be true.
I got a feeling that at this point in time it's only fair, like the chief
recommended, that if Dr. Tober wants to speak, he should be able to.
We should give him that opportunity. I mean, you know, his name's
been brought up numerous times. He's here in the audience. I think
he should be allowed to speak. That's the first part.
CHAIRMAN FIALA: What about our lawsuit, what about these
lawsuits?
MR. KLATZKOW: You know, they're going to talk in the press
anyway. I mean, I don't know what to tell you. I mean, this has been
going on ever since I've been here, this back to back. I don't know
what -- I don't know what good this has though coming before the
board and saying, this is why we're having Dr. Tober up here.
COMMISSIONER COYLE: Okay.
COMMISSIONER COLETTA: Well, Dr. Tober's name was
mentioned, and I think he should be at least given -- just as if he
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brought up the chiefs name and the chief was in the audience, the
chief should have the right to be able to come forward and be able to
CHAIRMAN FIALA: He can come back under public petition
agaIn.
COMMISSIONER COLETTA: Who, the --
CHAIRMAN FIALA: Dr. Tober.
COMMISSIONER COLETTA: Dr. Tober?
CHAIRMAN FIALA: Yeah.
COMMISSIONER COLETTA: Okay. If you don't want to deal
with it, that's fine. But I think in the end what we're going to have to
do -- it's going to have to be something that comes down from the
state legislative body. They're going to have to probably sort this
thing out in the end. It's just too deep. There's just too much.
I know Commissioner Coyle thinks that that's an excellent idea
and he wants to back it, and he's going to bring it up at our legislative
seSSIon.
CHAIRMAN FIALA: Your face is getting red again.
COMMISSIONER COLETTA: I hope I didn't put any words in
your mouth, sir.
COMMISSIONER COYLE: You just took away my breath.
COMMISSIONER HALAS: Hang on, Bertha. I hope this isn't
the big one.
CHAIRMAN FIALA: Chief Dyer, thank you so much for being
here.
CHIEF DYER: Thank you very much.
CHAIRMAN FIALA: We appreciate it.
CHIEF DYER: Commissioners, thank you.
CHAIRMAN FIALA: Thank you.
CHIEF DYER: And I appreciate the opportunity. And I believe I
have, along with Commissioner Cannon, some meetings scheduled
with a couple of the commissioners in the following weeks. Thank
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you.
CHAIRMAN FIALA: Thank you.
MR. OCHS: Commissioners, your next item is also a time
certain.
CHAIRMAN FIALA: Pardon me?
MS. FILSON: I asked him if that was a motion.
CHAIRMAN FIALA: Oh, I'm sorry.
COMMISSIONER COYLE: I asked that we provide some
guidance to the staff to look at a comprehensive arrangement to
engage all resources in Collier County to make sure that we have
adequate Emergency Medical Services support for our citizens. That
might help solve some of the problems we have, and make certain that
staff can perhaps provide us some recommendations that might be
helpful to us.
CHAIRMAN FIALA: Is that committee that -- of the different
organizations that are represented, would that be --
COMMISSIONER COYLE: Public Safety Coordinating
Council?
CHAIRMAN FIALA: Yes. I think it's supposed to meet this
week or next week.
COMMISSIONER COYLE: Probably not. It does other kinds
of things. It doesn't do that. We could certainly ask them if they'd
like to take it on. But in all fairness, if we did that, I think we need to
invite some members of the fire districts, but I don't know that the --
that that's the proper venue. I'm looking at Emergency Medical
Services only, okay.
CHAIRMAN FIALA: Oh.
COMMISSIONER COYLE: And if staff can provide some
recommendations which can be aired publicly that might solve some
of the tensions that we have here and provide better support for the
public safety of our citizens, I think it's worth at least the staff looking
at it and seeing what they can tell us.
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September 15, 2009
I mean, right now we've always talked about, should -- Collier
County EMS and the fire districts. And we know that consolidation is
not going to occur in the fire districts. It's just not going to happen.
We've tried it. We've done everything we can to encourage it. It's just
not going to go.
So now we need to switch gears and try to find another way to
deal with the issue so that we can work harmoniously and get the job
done. And with that I want to add emphatically that despite all this
squabbling, the people still do a good job and get the job done, and the
people in Collier County are well cared for. But I want to make sure
we continue to do that.
And so if we could just task the staff with giving us some
recommendations, you know, that's better than us sitting up here
debating it.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Commissioner Coyle, haven't we
asked staff to look at this in the past?
COMMISSIONER COYLE: Not really, not really.
COMMISSIONER HALAS: No? I thought we gave them some
direction when we had some of the workshops prior to look at
feasibility of making sure that we addressed all aspects of EMS and
fire. I was under the impression that we've come up with interlocal
agreements and hoping that we had addressed all the particular issues,
and obviously we still have some -- we have some real concerns in
regards to who's responsible for what and when and where.
COMMISSIONER COYLE: Well, that certainly had to be
sorted out, but there are other things that I think the staff can talk to us
about.
We had a lawsuit last year, I believe, that because certain things
failed to happen at one of our parks and recreation facilities, an AED
was not available or it was locked up, it wasn't accessible, okay. But
we have a lot of resources that we haven't pulled together here, and I
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September 15, 2009
think the staff has some recommendations concerning that, or they
could come up with some recommendations concerning that.
Give them a chance. I mean, why prejudge it? I don't have any
specific recommendations. Just let them -- turn them loose and say,
come back in a month and present it in a public hearing so everybody
can hear what we're talking about, and see if there's something we can
do that will improve the situation.
CHAIRMAN FIALA: Do you think it would be staff that is not
so closely involved, but maybe somebody who, you know, has some
freedom of thought? I mean, I don't know how to say -- and I don't
even know who I'm thinking of, but sometimes people who aren't
emotionally involved in a subject can take a fresher look at it and
maybe give some discussions that no one had thought of before.
COMMISSIONER COYLE: Why don't we try getting staff to
pull something together and then see if we might go to that next step
to get a reaction.
Could I see the hands of people here who are not emotionally
involved in this issue? Oh, put your hands down. I know better than
that. I know most of you, so don't give me that.
CHAIRMAN FIALA: That's exactly what I mean. Thank you,
Commissioner Coyle.
So, Commissioners, Commissioner Coyle has made a suggestion
that we task staff to --
COMMISSIONER HALAS: Let's give it a go, yep.
CHAIRMAN FIALA: Okay. Do I have a third nod? I'll nod.
I'd like to at least see -- see what they can do, and first, when you
start arranging this thing, let us know who you're even talking to so we
know where this thing -- I mean, if you get the same old players, we're
not going anyplace, right?
COMMISSIONER COLETTA: In that case, same old players,
I'm giving a nod because we've done this before.
CHAIRMAN FIALA: Yeah, that's right.
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September 15, 2009
COMMISSIONER COLETTA: And it went absolutely noplace.
CHAIRMAN FIALA: Right. That's exactly what I'm saying.
COMMISSIONER HALAS: Let's give it one more try.
CHAIRMAN FIALA: So let's get some new players with some
fresh ideas.
COMMISSIONER COYLE: Let's try it.
CHAIRMAN FIALA: Okay, good.
Okay. Now, you know what, it's three o'clock and I know we've
got some tensions going here.
COMMISSIONER COYLE: I know. It's time to go home.
CHAIRMAN FIALA: No, you're not going home. You're
staying here.
Commissioner Henning (sic), would you -- would you like us to
take a ten-minute break first, or would you like to have your ten
minutes now?
COMMISSIONER CANNON: Commissioner Cannon.
MR. OCHS: Commissioner Cannon.
CHAIRMAN FIALA: I mean Cannon. Boy, I'm doing terrible
things with names today.
COMMISSIONER COLETTA: You need a break.
CHAIRMAN FIALA: Yeah. Would you hold up your sign?
COMMISSIONER COYLE: Yeah. Who was it? Commission,
Commissioner Cannon?
CHAIRMAN FIALA: Yeah. Commissioner Cannon, would you
like to speak now or give it--
COMMISSIONER CANNON: Yeah, let me speak now, because
I never take ten minutes.
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: Or forever hold your peace.
CHAIRMAN FIALA: All right.
COMMISSIONER COYLE: There you go.
CHAIRMAN FIALA: I looked right at him and I said -- what
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September 15,2009
did I say, Henning?
Item #6D
PUBLIC PETITION REQUEST BY COMMISSIONER THOMAS
CANNON TO DISCUSS A WORKSHOP BETWEEN THE EAST
NAPLES FIRE CONTROL AND RESCUE DISTRICT
COMMISSIONERS AND THE BOARD OF COUNTY
COMMISSIONERS TO RENEGOTIATE THE "INTERLOCAL
AGREEMENT ADVANCED LIFE SUPPORT PARTNERSHIP" -
DIRECT STAFF TO SET-UP A WORKSHOP TO RENEGOTIATE
THE INTERLOCAL AGREEMENT - CONSENSUS
MR. OCHS: Madam Chair, this is item -- this is Item 6D. It's a
public petition request by Commissioner Thomas Cannon to discuss
the workshop between the East Naples Fire Control and Rescue
District commissioners and the Board of County Commissioners to
renegotiate the interlocal agreement, advanced life support
partnership.
COMMISSIONER CANNON: Thank you. Good afternoon,
Commissioners. I'm Tom Cannon, chairman of the East -- the Board
of the Fire Commissioners of the East Naples Fire Control and Rescue
District.
Thank you for the opportunity to speak to you today about the
interlocal agreement concerning ALS engines and the personnel swap
program. I'll try not to duplicate so -- we have one term at our -- most
of our meetings called the five B's. Be brief, brother, be brief. And I
know everybody has a long day.
But on August 25th I received a letter from Chief Dyer. I
forwarded his letter to Commissioner Fiala and asked her to share it
with the rest of the board, which I believe she indicated she had. But
just for the record, let me read the first paragraph, or the first page.
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September 15, 2009
Dear Chairman Cannon, amidst the chaos of interagency conflict, we
often ask ourself, how did we get to this place? Such is the case with
the relationship with EMS and Dr. Tober. Our mistrust of them
continues to mount as a result of their misrepresentation,
disinformation, broken promises.
We strive to do the right things for the citizens' employees.
We've tried to remain professional and not engaged in this type of
behavior. I offer this letter in an attempt to make sense of the
conflicts.
Enough of prepared speeches. I don't believe in them. I would
rather speak from the heart.
We, as two groups of political agencies, need to work closer
together. We have an interlocal agreement that is broken today. My
board has given me power to do one or two things: Terminate the
agreement and go back to the way things were prior to the ALS engine
program, or try to work with the county Board of Commissioners to
try to renegotiate and correct the interlocal.
Commissioner Coyle's suggestion may be a positive step in the
right direction, but we'd also like fire included in trying to get this
fixed. We've had numerous changes in medical protocols. Too many
things have changed throughout.
You may disagree, and I know Commissioner Coletta disagrees,
but in the beginning, our relationship on this ALS engine program was
great, you know. In the letter I sent Commissioner Fiala was a
time line going back to, I believe, 2003 forward. But I have to say this.
Our relationship deteriorated in a September meeting where the
county Board of Commissioners said, consolidate and we'll give you
EMS.
Also to add some further things is, you're -- you did an EMS
master program, I believe through the Productivity Committee, or the
Productivity said ALS engines enhances EMS. And maybe as a result
of this ALS engine program, maybe you don't need all the growth
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September 15,2009
units that you had proposed in your budgets. And I believe the county
Board of County Commissioners axed those growth units.
We, as two government agencies, we need to work closer
together. We were all in favor when you came up and you created the
Office of Medical Director that reports directly to the Board of
Commissioners. I don't think it worked. You -- all five of you have a
lot more things on your mind throughout the county than the Office of
Medical Director.
Commissioner Coyle, you say we wouldn't be happy dealing with
anybody. That's maybe not all true. I'll just relate an incident that
happened about December of last year. I was trying to mend some
fences. I asked Commissioner Fiala to set up a meeting between
myself, Commissioner Fiala, and Dr. Tober. Let's get things out in the
open.
We had about an hour-long meeting. And at the end of that
meeting I said, Doctor, if you have a problem with the fire
departments, you call me directly. When this cheating allegation
transpired, I didn't get any phone calls. I did get calls from Naples
Daily News, Collier Citizen, NBC news, ABC news, but I never got a
call from Dr. Tober, and I really think either he should have called the
county chairman at that time and let them talk to the fire service -- I
agreed on sitting down and trying to get your differences settled out.
And I'm asking the board today to, let's sit down, get this
interlocal agreement worked out, and let's see if we can do what's best
for the citizens and both employees of EMS and the fire department.
Thank you.
CHAIRMAN FIALA: Thank you, Commissioner.
COMMISSIONER CANNON: Told you I wouldn't take ten
minutes.
CHAIRMAN FIALA: No, you did a great job.
Commissioner Henning?
COMMISSIONER COLETTA: Commissioner Cannon, is it
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September 15, 2009
your desire to bring up amending the interlocal agreement by having
East Naples to have their own medical director?
COMMISSIONER CANNON: I -- my intention is, if we can't
get a nice interlocal agreement worked out, my intention would be to
terminate the interlocal agreement and apply for a Certificate of Need
from you five.
COMMISSIONER HENNING: Okay.
COMMISSIONER CANNON: But mind you, let me
reemphasize, that's not the route I want to take.
COMMISSIONER HENNING: Right.
COMMISSIONER CANNON: But if we did do a Certificate of
Need, it would be ALS non-transport. We don't want to be in the
transport business. We want to be able to help the citizens, not
transport the citizens.
COMMISSIONER HENNING: And I appreciate that, and I'm
more than willing to sit down in a workshop to see if we can -- need to
change the interlocal agreement. If it doesn't works, see how we can
make it work.
But I can tell you, asking for your own medical director -- it's just
like county -- you heard the thing about the water heaters? The City
of Marco and the City of Naples says, you don't need a permit for a
water heater but Collier County does.
I could tell you last Sunday I was talking to a gentleman who
attends -- or is assisting a church to build a building, and he was
complaining about the fire inspectors to a firefighter, and that
firefighter relayed to him and he says, well, if that was in our district,
that wouldn't have happened.
My point is, medical services, health, safety, and welfare, the
health of our citizens need to be consistent with one direction. If you
have several directions, we're going to have the same thing as, yes,
you need a permit for a water heater or, no, you don't need a permit
for a water heater.
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September 15,2009
COMMISSIONER CANNON: I have to agree with you 100
percent. It should be consistent. Can it be consistent with only one
doctor or two doctors?
COMMISSIONER HENNING: Government--
COMMISSIONER CANNON: I don't know.
COMMISSIONER HENNING: Government has proven it can't
be consistent within the same county.
COMMISSIONER CANNON: But when we're talking medical,
I don't think we're talking government.
COMMISSIONER HENNING: Okay. I just won't go there.
COMMISSIONER CANNON: I didn't figure you would, but
you can't hurt us for wanting to try.
COMMISSIONER HENNING: I'm more than willing to sit
down --
COMMISSIONER CANNON: That's all I'm asking.
CHAIRMAN FIALA: So it looks like what you've asked us to
do is put together a workshop?
COMMISSIONER CANNON: Yeah. Let's put together a
workshop with the City of Naples, City of Marco, North Naples, and
East Naples, and with the five of you and let's work out this interlocal
agreement. Last time we had a workshop, I don't think we
accomplished a whole bunch, but I'd like to accomplish a lot here.
CHAIRMAN FIALA: Commissioners, I think this is a step in
the right direction.
Commissioner Coyle?
COMMISSIONER COYLE: You know, there's nothing wrong
with sitting down and having a workshop, but I'll tell you, we have a
problem with just the five of us reaching a conclusion in a day.
Including you guys and the municipals means we're probably not
likely to reach any conclusions.
The way we generally negotiate agreements is that our respective
staffs do all of the preparatory work, and then these things are brought
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September 15, 2009
to us and they're aired in a public hearing, and then we try to make a
final decision.
But to get us involved in the negotiation process means that
you're involving the least knowledgeable people in the county to do it.
And I'm not sure I'm comfortable trusting us to do it.
But if you and our staff can come up with the elements of a
workable agreement and tell us what you want to do, just like you do
with, I guess, union negotiations, then you can go from there and try
to reach some conclusions and sort out the difference. But starting
from scratch with us involved in a workshop trying to negotiate an
agreement is an extremely difficult and, I think, unproductive process.
COMMISSIONER CANNON: Let's see whatever we can do to
try to come up with a better interlocal agreement to the best interests
of the citizens.
COMMISSIONER COYLE: Would you mind providing us with
the recommended changes you'd like to see in the interlocal
agreement? We can have our staff come up with their recommended
changes, if any, share them. If you find common ground, that's great.
If not, we resolve the differences with the workshop with the Board of
County Commissioners.
COMMISSIONER CANNON: Be more than happy to do that.
COMMISSIONER COYLE: I think we'd get there faster that
way, I really do, because you see how our meetings go.
COMMISSIONER CANNON: Let's do that.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yes, thank you, Chairman.
This is a question for the County Attorney. Obviously, you've
probably been brought into this dialogue that's been going on. How
bad is the present interlocal agreement busted? Is there a -- the
possibility that we can address what's broken in it and just to take care
of the area that it's broken?
MR. KLATZKOW: Well, from a health and safety standard, you
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September 15,2009
have a world-class system here. All right, so from a health and safety
standpoint, this relationship works. From a relationship standpoint it's
not. So, yes, we can change these interlocals. I don't know if it's
going to be a positive change on the health and safety.
COMMISSIONER HALAS: Well, my concern is -- we've
already established an interlocal agreement. My concern is, what is the
problem that we can't put together and maintain this interlocal
agreement as was worked out about two years ago? I believe it was
about two years ago.
COMMISSIONER CANNON: I think it was renewed or revised
two years ago.
COMMISSIONER HALAS: Yeah. So what's the problem?
What can't we fix in that interlocal agreement without tearing
everything apart here?
MR. KLATZKOW: I don't know. They'll have to come forward
with a proposal.
COMMISSIONER HALAS: Okay. I thought maybe that you
had a quick answer on this of what areas that we may have a problem
with.
MR. KLATZKOW: I don't think you have a problem, sir, from a
medical standpoint. The problem here is a relationship standpoint.
COMMISSIONER HALAS: Well, let's see if we can't mend that
relationship, and let's see if we can't work together and figure out -_
instead of trashing everything that's already been put on the books,
okay?
CHAIRMAN FIALA: Yeah. The olive branch has been
extended, and -- not only from you, but from us as well. We want to
make this work and -- for the betterment of all of our citizens, for the
safety.
What do you always say: Health, safety, and welfare. We want
to see it work, and I'm so glad that you're here to extend that olive
branch; and we'll work, as Commissioner Coyle said, to put this thing
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September 15,2009
together, and you mentioned the workshop. Let's move forward.
You'll be working with Leo, right, and putting these things together.
And certainly keep me in -- you know, intact. If you need
anything from us, we'll work with you and -- or we'll get -- I'll get
back to the commissioners at an open public meeting.
Y .?
es, SIr.
COMMISSIONER COLETTA: The best thing I heard so far was
Commissioner Coyle's suggestions. I'd like him to repeat them.
CHAIRMAN FIALA: I do, too.
COMMISSIONER COLETTA: I think that's tremendous
guidance for staff.
COMMISSIONER COYLE: What was it?
COMMISSIONER COLETTA: That they outline what they're--
go ahead. You know.
COMMISSIONER COYLE: Well, it's just like any contract
negotiation, both sides come up with what they'd like to change and
you review it, exchange copies, and you see what you can agree on,
what you can't agree on. There are obviously going to be some policy
issues that are contentious, and then we have to solved that problem.
COMMISSIONER COLETTA: Okay. I like that.
COMMISSIONER COYLE: So you know, that would get it
done faster, I think.
COMMISSIONER COLETTA: It's much better than an open
forum where you're just dragging everything back through the mud
over and over again.
COMMISSIONER COYLE: Yeah, yeah.
CHAIRMAN FIALA: Looks like we're all in agreement. Do
you have your marching orders, Leo?
MR.OCHS: Yes, ma'am.
CHAIRMAN FIALA: Okay, fine.
COMMISSIONER HENNING: Commissioner Cannon, thank
you.
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September 15,2009
COMMISSIONER CANNON: Thank you for letting me speak.
And let me do something; time for a break.
CHAIRMAN FIALA: And with that, yes, let's take a ten-minute
break. Thank you so much.
(A brief recess was had.)
MR. OCHS: Madam Chair, you have a live mike.
CHAIRMAN FIALA: Thank you.
MR. OCHS: Ma'am, your next item is 10C.
CHAIRMAN FIALA: Well, now I want to just tell the guys
from the airport here that, you know, we've put on this show today for
a little bit of entertainment. We knew you were going to sit here all
day long, and we thought we might as well make it interesting for you.
That's the only reason we've carried on this long.
Item #10C
RECOMMENDATION TO APPROVE AN EXTENSION OF TIME
FOR STAFF TO REVIEW AND ASSESS ALTERNATIVE
ADMINISTRATION FOR THE COLLIER COUNTY AIRPORT
AUTHORITY - MOTION TO EXTEND TERESA COOK'S
CONTRACT AT THE CURRENT SALARY FOR 3 YEARS AND
RE-INSTATE HER CONTRACT IMMEDIATELY - APPROVED
MR.OCHS: Ma'am, 10C was previously 16B16. It's a
recommendation to approve an extension of time for staff to review
and assess alternative administration for the Collier County Airport
Authority. This item was moved to the regular agenda at both
Commissioner Fiala's and Commissioner Coletta's request.
Nick Casalanguida, your transportation planning manager, can
speak to the item.
MR. CASALANGUIDA: Good afternoon, Commissioners. For
the record, Nick Casalanguida. And I'm just really here to just answer
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September 15,2009
your questions, if there are any. We're--
COMMISSIONER COYLE: Motion to approve.
MR. CASALANGUIDA: Okay.
CHAIRMAN FIALA: We have five speakers on this subject.
And as long as you're just here for that, Nick, then we'll just proceed
with our speakers.
MS. FILSON: The first speaker is Jim Murray. He'll be followed
by Richard Rice.
COMMISSIONER COYLE: You can just say you support the
motion, and it will make things go a lot easier.
MR. MURRAY: I'm in favor of it. This time I'll try not to say
anything illegal or immoral or anything, and keep myself out of
trouble with the County Attorney.
CHAIRMAN FIALA: You were innocent before. This time you
wouldn't be.
MR. MURRAY: Okay. Thank you.
But again, my name is Jim Murray. I'm a board member of the
County Collier (sic) County Airport Authority.
Following our workshop six months ago, the board directed of
the EDC or suggested the EDC form a Blue Ribbon Committee to
discuss improvements at Immokalee Airport. That committee met and
presented this report yesterday to the -- to our board asking us to
consider it, to come back with a unified recommendation from the
Blue Ribbon Committee and the airport authority on operation of the
airport.
At your June meeting you appointed staff to review airport
operations, and the transportation department came to our meeting last
month and explained that they had been tasked with finding out the
best way for the airport to operate.
Originally they were supposed to come back in September,
because at the end of September is when the executive director's
contract expires. Their original executive summary suggested a few
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September 15, 2009
alternate ways of operating and asked for about a six-month extension
of the director's contract. By the time it went on the other agenda,
they asked to come back and make a presentation next month.
So you have the airport authority, you have the EDC Blue
Ribbon Committee, and you have the transportation department who
will make recommendations on the operation of the airport.
I personally have no -- whether it operates best as an independent
authority or under the Department of Transportation is something for
the commission to decide. But we are operating now with an
executive director whose contract is expiring the end of this month.
We have staff that's kind of on the edge because they think they're
kind of working on probation. And I would hope that the commission
would consider extending the director's contract for some period of
time until all parties can come back and make a good recommendation
on the operation of the airport.
I'll mention that I -- Ms. Cook is working closely with EDC, with
the CRA, and the Eastern Chamber -- Eastern Collier Chamber. And
again, I just don't think we can wrap things up in a month. Thank you.
CHAIRMAN FIALA: Go ahead. Commissioner Coletta is
bouncing out of his chair right here --
COMMISSIONER COLETTA: Before you go.
CHAIRMAN FIALA: -- so I must call on him.
COMMISSIONER COLETTA: One of the things that I was
going to bring up at the end of the meeting under comments -- and I've
got too many of them, so I'd like to take it off my back right now -- is
that we bring back at the next meeting some sort of interim contract to
make sure that Theresa does not leave, to be able to extend it out to
some point in time that's realistic, and then when we get through with
this whole thing, we'll be able to sort it out to how we're going to be
able to handle it long range.
But you're right, she can't work without a contract. Her contract
ends September --
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September 15, 2009
MR. MURRAY: 30th.
COMMISSIONER COLETTA: -- 30th. And so we have a
meeting on the 29th. At that point in time I think we need to address
what's realistic. We're also going to have -- well, transportation, you're
not coming back till November with any kind of recommendations
you mayor may not have.
But we have -- we have to handle that issue with the contract so
that we don't have a vacancy there.
MR.OCHS: Yes, sir.
MR. MURRAY: I think that would help the morale of the
authority. Thank you, sir.
COMMISSIONER COLETTA: Thank you.
MS. FILSON: The next speaker is Richard Rice. He'll be
followed by Ralph Hester.
MR. RICE: Madam Chair, there's been a lot of problems with
names today, and please let it be known that I am not Brad Coyle,
neither am I Fred Thomas, who sends his regrets for not being here
today.
But I do have a letter that I would like to read. It's dated today
and it's to the county commissioners. On August 19, 2009, at a
regular meeting of the Immokalee Community Redevelopment
Agency Advisory Board and the Immokalee Master Plan and
Visioning Committee, it was unanimously decided to offer this letter
of confidence and support to the airport authority board and the
executive director.
It is the opinion of the citizens as well as the committee's that
good progress has been seen at the Immokalee Airport. There is a
comprehensive list of accomplishments that has been provided to the
commissioners by the airport authority. The CRA will not recite this
list at this time; however, vital infrastructure to address stormwater has
been completed, the airport master plan has been approved by the
FAA, the land for the runway extension is being purchased, a PUD is
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September 15, 2009
in the final stages with the CDES, and zoning issues have been ironed
out through the draft Immokalee Area Master Plan Compo Plan
Amendment.
Tantamount in importance to these many accomplishments is the
conscription of the U.S. Army National Guard to the Immokalee
Airport. This activity offers jobs, creates jobs, brings commerce to
local businesses, and builds confidence within the community. The
positive potential offered to the community by the presence of the
Guard is immense.
Therefore, it is the recommendation of the CRA Advisory Board
that the BCC maintain the Airport Authority Board, renew the contract
with the executive director, and support the completion of work
activities already in progress.
Thank you for consideration in this matter, and this is signed by
Fred Thomas. For the record, I'm Dick Rice, vice-chair.
COMMISSIONER COYLE: Is that Bart Rice?
MR. RICE: I'm sorry.
COMMISSIONER COYLE: Bart Rice?
MR. RICE: Mark Rice?
COMMISSIONER COYLE: Bart Rice.
MR. RICE: I've been called worse, sir.
COMMISSIONER COYLE: Okay.
MS. FILSON: The next speaker is Ralph Hester. He'll be
followed by Steve Fletcher.
MR. HESTER: Thank you.
Madam Chairman, I own a business in Immokalee. I've been
there 25 years. I also own Immokalee Regional Raceway, which is
located on the airport.
In 1993 the airport board was formed, and since then, Immokalee
has grown. I mean, the airport, you wouldn't even recognize what it
used to be in 1993 until now.
And the hard work goes back to like John Drury on the airport
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board and Theresa Cook, and all the members of the airport board has
done a wonderful job in bringing things to Immokalee. It's just like
the God. I think that will bring infrastructure to a lot of other
businesses.
I'm in favor of the airport board. That's the reason I wanted to
speak. I think they've done a wonderful job in Immokalee. Thank
you.
MS. FILSON: Steve Fletcher. He'll be followed by Lloyd
Byerhof.
MR. FLETCHER: My name is Steve Fletcher, and I operate
Fletcher Flying Service, Immokalee Airport. I've been there for 32
years. And back in the -- before the airport board was there -- and
during the summertime, you couldn't even get to the runways. There
wasn't even a road to the runways. There was finally a pay phone
there when I got ahold of transportation and let them know that it was
illegal to take federal funds without having an operating pay phone.
And since then, everything's grown at Immokalee Airport, and
it's all due to the board. And we have local people on the board, too.
If we had issues, we could call the local person, Steve Price at the
bank, and he would see that it was taken care of.
And since then, it would keep Theresa Cook and the rest of the
airport board on. Those people, or most of them, are pilots. And if I
have an issue, I can call Theresa. She's a pilot. She understands. The
airport manager, Jim Kinney, is a pilot.
And I think we need to keep the board, and I think -- and also
Theresa Cook. It would be an asset to the county. And the airport --
and it has been growing, but you can -- the growth is limited in
Immokalee. There's not a four-lane road going in or out of
Immokalee, so the airport's going to have to grow with the road
structure.
So due to that -- I thank you a lot.
MS. FILSON: Next speaker is Lloyd Byerhof.
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September 15, 2009
MR. BYERHOF: Thank you. My name is Lloyd Byerhof, and
I'm privileged to have served on the Collier County Airport Authority
Board for this past two years.
As you are well aware, we have a number of initiatives in
progress which will enhance the property -- the airport properties.
Part of our responsibility is aviation safety, and I think the other
part that's significant is the proper utilization of county assets. And
our airports are county assets with considerable value.
I'm convinced that the present administrative structure, including
Theresa Cook, is doing a good job. I think the airport authority is
moving forward in a cost-effective manner and is productive. I think
that the administration deserves your continued support.
Thank you.
MS. FILSON: That's your final speaker, Madam Chairman.
CHAIRMAN FIALA: Thank you.
And I wanted to add too, I've heard so many good things about
the Immokalee Airport. I remember -- you all know I come from the
airline industry, right? And I remember way back when I was
working at PBA and somebody kept saying at that point in time -- and
he was the airport manager of RSW, and he was saying at the time,
that little gold mine over there in Immokalee, you need to get that
thing going. You guys ought to be working on that because that's a
gold mine.
And I remember at the time the Marco Airport, we -- PBA took
over Marco Island Airways, so we used to fly into the airport. You
know, we couldn't get that taxiway. And here, thank you, Theresa,
thank you, thank you, and thank you, airport board, we're finally, after
all of these years, going to have a taxiway there. And how long did it
take us to do that? I don't know. They could never get it off first base
before.
So I just want to add some kudos, along with all of the other
people who have said that, thank you to all of you for making these
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airports successful. I really appreciate it.
I'm sorry I jumped in front of you guys. I know that I'm
supposed to be presiding rather than talking, but Commissioner Halas,
you're next.
COMMISSIONER HALAS: Thank you very much, Chairman.
If this is -- it comes down to a vote of confidence, I have a strong
vote of confidence for Theresa Cook. Since she's come into the
county here and took over as the airport director, or director of our
airports, I think a lot of things have happened. Maybe not as quick as
a lot of people wanted, but she was hindered by funding.
And one of the things that I think she needs to be commended for
is the fact that she was willing to go out there and dig and scratch for
every grant that was available, not only for Marco Airport, Immokalee
Airport, but also Everglades City Airport.
At one time we were thinking about scrapping that airport, and
today I think we're on the way to where that little airport is going to be
beneficial. I think they've got hangars that's scheduled to be built
there. And with the advent of this taxiway at Marco, I think that what
it's going to do is hopefully generate income with additional jets that
will be able to fly in there because we'll have the taxiway, and it won't
be a deathtrap like it is at the present time where you land and you've
got to come back down on the runway.
I think that with those added funds that will be coming into the
county, my thought is that a lot of these funds will be directed to
Immokalee Airport to address that issue.
Now, on the issue of land development and trying to purchase the
additional land for extending the runway, I've got some concerns
about that because the landowner out there that's basically holding the
airport authority hostage, they have the biggest -- they have the most
benefit that they can -- that they can utilize out of this if they'll just
work with the county and maybe turn this over for a minimal charge
instead of what we're going through at the present time, because it's
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September 15,2009
not going to only benefit the city of -- the Town of Immokalee, but it's
going to benefit the landowner out there who needs the most -- or who
has the most land.
And I feel that -- let's hope that everybody can work together,
and I think things will accelerate a lot faster than they have been in the
past. Thank you.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: It seems to me that September is
coming to a close with great speed, and if Theresa's contract is
expiring, I think we need to take some action on that. We don't need
to wait until the end of September to take some action on it.
Now, the only reason that I would have been hesitant to approve
her contract earlier when it was presented is that she was asking for a
very substantial salary increase, and our practice has been that there
will be no salary increases this year. We're trying to trim costs.
So if Theresa would be willing to accept the -- an extension of
the existing contract, I'm perfectly happy to see this happen.
I, quite frankly, don't see any organizational changes to this
airport that I would like -- that I could agree with so far. I don't see
anything there. It's not broken. Let's not try to fix it.
And so I don't know why we're spending the time on this. Staff
has a lot of other things to deal with, things that are broker, things that
are not getting done, and I'd just like to see us move ahead with this
and give Theresa the --
CHAIRMAN FIALA: I'm just telling him to come right -- I
know you don't have a speaker slip, but I could see you nodding in
response to Commissioner Coyle's suggestion, and did you have--
you have the knowledge there?
MR. MEADE: Yes. I'm Byron Meade; I'm chairman. Theresa
and I and the board have talked about her contract, and in all honesty,
Theresa agrees with you, Commissioner Coyle, that no one is taking a
raise this year. And if we could renew her contract at the rate it is
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September 15, 2009
today, she'd be very satisfied with that.
COMMISSIONER COYLE: Can we do that today? It wasn't
advertised, so I don't know what we can do.
MR. KLA TZKOW: Or you can direct me to come back for the
next meeting with the extension. I'll put it on consent.
COMMISSIONER COYLE: I would make that recommendation
to come back with her contract renewal at the same rate and that we
take action on it before the end of September so she doesn't think she's
out ofajob.
MR. KLATZKOW: What term do you want?
COMMISSIONER COYLE: Twenty years.
COMMISSIONER HALAS: Two years, two-year contract.
MR. MEADE: The old contract's three years, I believe, isn't it?
Three years, I assume.
MR. KLATZKOW: So you want a three-year extension?
CHAIRMAN FIALA: Oh, a whole bunch of nods over here this
way anyway.
COMMISSIONER COYLE: It's okay with me.
CHAIRMAN FIALA: Yes. So you've got three nods to bring
the contract back on the 29th. And I -- and thank you, Mr. Meade. I
appreciate you coming up.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
Back about seven years ago we had an airport authority that was
a little bit in the doldrums, and we shook it up at that point in time.
And the end results was, we had a spark of life that went into it, with
EDC becoming involved, the Chamber of Commerce, a number of
other entities.
Recently -- and a number of the people that spoke here today and
that I see in the audience have come to me over the years and they've
voiced some concern over the operation of the airport. They wanted to
see things happen faster.
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September 15, 2009
So every once in a while you like to take and give everything a
hard push, see what happens. As far as Theresa goes, it was never my
intention to see the lady be replaced, but I wasn't going to lay that card
down on the table till we got there. Done a marvelous job as far as
running an airport goes.
Now, the task falls back on the people that are standing or sitting
here today, and especially the people that we put on the board today,
the two new members, or reinstated two, put a new one on in the name
of Dick Rice, who's the head of the Immokalee Chamber of
Commerce, which is known as the Eastern Collier County Chamber of
Commerce now.
And with Floyd as the -- as an alternate in the background, the
interests of Immokalee, I'm sure, will be preserved; however, these
things are not driven by empty issues. They're driven by people in the
community that keep coming forward and looking for results.
So the task is back in your hands as far as what's going to
happen. If it happens, great. If it doesn't happen, I'll be there to
remind you.
MR. CREWS: I'm sure you will.
COMMISSIONER COLETTA: I got your number, Floyd, and I
know where you live. Okay. And I remind, also, too, I was the first
one -- I was talking to staffbefore about how we'd extend Theresa's
contract so there wouldn't be any lapse of service, and that took place
well before this meeting today.
CHAIRMAN FIALA: I'm glad you added that. Commissioner
Coletta, I mean Hal- -- Henning.
COMMISSIONER COLETTA: Yes, I'm right here, ma'am.
CHAIRMAN FIALA: Henning. I said -- then I said Halas, and
you didn't even hear me say that.
Hold up your sign again, please.
Go ahead.
COMMISSIONER HENNING: I just want to be consistent with
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September 15, 2009
the agreement. I'm -- don't have the agreement, the old agreement, in
front of us, and we're assuming it's three years. There was an initial
contract, the initial years, I would assume it's one year, and then after
that, its could be three years.
MR. KLATZKOW: The initial contract was a five-year
agreement basically that started December 15, 2004, to terminate
September 30, 2009. What I'll do is I'll provide a three-year
extension. This year's salary will be the same as last year's salary, and
then it will be the same as everybody else's. She can come in the
following year and talk to the board about a raise.
COMMISSIONER HENNING: Okay, all right. I'm good with
that. Thanks for the clarification.
CHAIRMAN FIALA: So now, may I have a motion on this --
COMMISSIONER COLETTA: I'll make a motion.
MR. OCHS: Madam Chair, excuse me.
CHAIRMAN FIALA: Yes.
MR.OCHS: Am I to understand that the board does not want the
staff to continue with the assessment that they previously directed?
COMMISSIONER COLETTA: That's correct. That's part of the
motion.
MR.OCHS: So if that's the case, then we don't want to adopt
this motion because this just extends the time to do the analysis that
you no longer want us to do.
CHAIRMAN FIALA: You're going to hear a sterling motion
from this gentleman here.
COMMISSIONER COLETTA: Yes. That the county -- I make
a motion that the county dedicate $500 million to the airport authority
to spend as they see fit, with yearly allotments. Never mind, no.
Seriously though, I make the motion that we, one, cease the study
that staff is doing to -- with their suggestions; two, to reinstate Theresa
Cook's salary by the terms you mentioned, one year with a two-year
renewal. How's that worded?
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September 15, 2009
CHAIRMAN FIALA: Three years.
COMMISSIONER COLETTA: One year with a three-year
renewal?
COMMISSIONER HALAS: No. Three-year extension.
CHAIRMAN FIALA: Three-year extension.
COMMISSIONER COLETTA: Three-year extension, okay.
We got that right, Jeff?
MR. KLATZKOW: Got it, sir.
COMMISSIONER COLETTA: And that -- I guess that's about
it. That covers the whole thing.
MR. MURRAY: And you also offered to double my pay.
COMMISSIONER COLETTA: Yes. And every advisory board
member will receive twice the pay they're making now, and Theresa
will, because of the fact she's so excited with the way the events
turned out, will supply doughnuts and coffee at the next meeting.
CHAIRMAN FIALA: Do I hear a second to that motion?
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay. I have a second to that motion.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(N 0 response.)
CHAIRMAN FIALA: That is a 5-0.
MR.OCHS: Yes, ma'am.
Item #10D
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September 15, 2009
RECOMMEND THE BOARD OF COUNTY COMMISSIONERS
APPROVES AND AUTHORIZES THE CHAIRMAN TO SIGN
TWELVE (12) SUBRECIPIENT AGREEMENTS FOR CDBG,
ESG, AND HOME PROJECTS PREVIOUSLY APPROVED FOR
HUD FUNDING IN THE 2009-2010 ACTION PLAN - MOTION
TO APPROVE W/STAFF CLARIFICATIONS - APPROVED
That takes us to 10D. 10D is a recommendation that the Board of
County Commissioners approves and authorizes the chairman to sign
12 subrecipient agreements for CDBG, ESG, and HOME projects
previously approved for HUD funding in the 2009/2010 action plan.
This item was pulled from the consent agenda by Commissioner
Henning, and Ms. Marcy Krumbine is here to present, or answer
questions.
MS. KRUMBINE: Thank you. For the record, Marcy
Krumbine, director of housing and human services. And I would be
happy to answer any questions you have on this item.
COMMISSIONER HENNING: I sent you an email. Did you
respond to that email?
MS. KRUMBINE: I did.
COMMISSIONER HENNING: You know, I didn't get it.
MS. KRUMBINE: Okay.
COMMISSIONER HENNING: So with that said --
MS. KRUMBINE: Let me go --
COMMISSIONER HENNING: -- while that is here, let me
explain. I need some clarification.
MS. KRUMBINE: Okay.
COMMISSIONER HENNING: Page -- on our executive
summary, Page 15 of 42, it states for HOME, to fund up -- $250,000,
to acquire up to four foreclosed properties. On Page 38 of 42 for
HOME, it is $200,000 for rehabbing up to four homes. So you've got
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September 15, 2009
$450,000 to purchase and rehab up to four homes; am I correct in that
assumption?
MS. KRUMBINE: Yes.
COMMISSIONER HENNING: So divided by four, you've got
about 110,000, but it doesn't say that. It says up to four homes. So is
450,000, it could be one home or two homes, correct?
MS. KRUMBINE: Commissioner, the language that we
provided in this scope was actually language that was approved last
year to allow the flexibility of an organization purchasing a number of
different homes at different prices; however, if that language is not
acceptable now this year, what the changes are that we are proposing
and the scope for the acquisition rehab/resale, the CDBG one, it was
to acquire three foreclosed properties within Collier County, and then
the cost per property will not exceed $83,333.
COMMISSIONER HENNING: For each?
MS. KRUMBINE: For each. And then for the next one that you
mentioned, the rehab for each property will not exceed $50,000.
COMMISSIONER HENNING: Great, thank you.
MS. KRUMBINE: You're welcome.
COMMISSIONER HENNING: You know, I apologize. I didn't
receive an email correspondence.
MR.OCHS: No, sir. It got late in the day, and I didn't get a
chance to get that to you, so I just asked Marcy to be available today
to go through the changes.
COMMISSIONER HENNING: And then the last one is almost
70,000. Here it is. Page -- Page 18 of 42. Attorney's fees will
provide legal services for approximately, but not limited to, 66 people
-- persons per year, and also provide three legal seminars and
workshops during the grant.
You know, legal services is a -- every time I've seen it, it's per
hour. It doesn't provide any specificity for what this attorney -- what
kind of legal services he's going to do for approximately, but not
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September 15, 2009
limited to, 66 people, 66 persons. Where -- can we get some more
specificity in that?
MS. KRUMBINE: Well, Commissioner, again, in the response
that I sent you on email, we have an opportunity when we're doing
subrecipient agreements to contract for services in one of two ways.
We could either contract for the services as in the number of widgets
we're going to get or the number of hours we're going to get service or
the number of people that you're going to help, or we could contract it
in paying for a salary.
In this contract we specifically went with paying with a salary,
and so we are -- in the contract it says, X number of dollars, salary and
benefits, and then that person is responsible to give us weekly time
sheets to account for the time that they're spending doing those things
for that grant, which would be for providing legal assistance, and so
they're going to have to document their time, and that's the way that
they get paid. So that is one of the acceptable ways to do it.
COMMISSIONER HENNING: Okay. Is this attorney, is this
the only thing they're going to be doing?
MS. KRUMBINE: They're going to be doing -- they're going to
be seeing up to 66 people to assist with foreclosure counseling and for
the legal ramifications of foreclosure and providing legal seminars.
COMMISSIONER HENNING: How do you manage -- how do
you manage the services that they're going to provide? I mean, are
they going to do 1,000 hours for this, or are they going to do ten
minutes? That's all -- $66,000 in legal fees is a lot of money.
MS. KRUMBINE: Well, it's not -- no, but see, it's not -- you're
looking at a time sheet just like I do, and I do the same thing for --
COMMISSIONER HENNING: How do you compare that time
sheet?
MS. KRUMBINE: It's an hourly time sheet. It's your 40-hour
week. And when you clock in and say that, you know, from eight to
10 o'clock I've met with somebody that qualifies for this program, then
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you're going to put down two hours for that program. The other six
hours you could be doing some other things, and that's exactly how
anybody that's paid on a grant for salaries and benefits has to
document their time through the different grants.
COMMISSIONER HENNING: At what rate per hour?
MS. KRUMBINE: But it's not a rate. We're agreeing to pay that
amount of salary. We're not doing a per rate. Now, we've done other
contracts per rate, but this is -- we're saying we're going to contribute
$69,000 to this salary, and they're going to accomplish this, and
they're going to account for their time.
COMMISSIONER HENNING: Okay. So the other changes that
you put on the record is going to be addendum to this item?
MS. KRUMBINE: What we can do is just give a clean copy of
the scope, and that's what you-all will sign.
COMMISSIONER HENNING: The agenda item, you put some
examples on the visualizer.
MS. KRUMBINE: Oh, that was email. But I have brand new
scopes for you to sign.
MR. OCHS : We will amend the scope to reflect those changes,
SIr --
COMMISSIONER HENNING: Oh, okay.
MR. OCHS: -- and get those to the chair for signature if the
board approves.
COMMISSIONER HENNING: You've answered my questions.
CHAIRMAN FIALA: Okay. Then may I hear a motion?
COMMISSIONER HENNING: I'm just not satisfied with the
attorney fees of it. It's just too vague. And it's taxpayers' money. I
know it's not property taxes, but it's still taxpayers' money, and I think
you need some -- a little more accountability, and I haven't heard that.
I know I'm being asked to trust, but, you know --
CHAIRMAN FIALA: You know what I heard -- and correct me
if I'm wrong. Here's what I thought I heard you say as far as legal fees
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September 15, 2009
go. Say, for instance -- I don't know how many homes you've got--
and so your legal fees are -- and you didn't say this -- but $50,000.
And so from there on in, each thing that you need a legal fee for, you
subtract so many minutes or so many hours or so many partial times
until that 50,000 is used up; that's what I thought I heard you say.
MS. KRUMBINE: Okay. This is -- Attorney John Doe is going
to get paid 75 -- well, let's say -- well, what's an average attorney fee,
Jeff?
COMMISSIONER COYLE: $500.
MS. KRUMBINE: $100,000, let's say, okay, that's their
attorney fee, but they are going to dedicate X number -- they're going
to serve in this program to help with people who are going through
foreclosure, and they're going to be giving them legal counsel and
advice and assistance.
Every time they meet a client that qualifies under this program
and provides this assistance, they'll be filling out a time sheet. So if
it's $100,000 and that's $2,000 a week, then if they've done ten or 15
hours to that foreclosure, then they'll be able to bill that portion of
their salary to that, yes, Commissioner Fiala, till they've reached the
max of what we're willing to pay at 69,000.
So we're paying salary. We're not paying $100 an hour. We're
not paying every time somebody walks in the door. We're paying a
portion of the salary that that attorney gets, and in turn, they will be
serving a certain number -- they'll be serving people a certain number
of hours in a day or whenever, but they will be documenting their
time.
CHAIRMAN FIALA: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Have you ever looked carefully at
how lawyers document their time? Suppose they work for an hour and
16 minutes. Is he going to -- is he or she going to bill for
one-and-a-quarter hours or one-and-a-half hours? A lot of people
round up so that fractions of hours become the next full hour.
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September 15, 2009
So if you don't have some specification there about how they're
going to bill, if you don't have their billing algorithm, you really don't
know how they're going to keep track of the time.
MS. KRUMBINE: We do have a standard time sheet that we use
with all of our grants and with all of our employees, including the
employees of housing and human services.
And so what we can do when we start the grant process -- and
when we start the grant, what we do is sit down with the subrecipients
and we go through how to bill, how to fill out things. We can set a
standard to say that this is what you do on the quarter hour, the half an
hour. And we've also encouraged meetings with finance departments.
So if we need to sit down and say what -- what is the best way to
do this, what are you expecting, that's part of the beginning of that
contract.
COMMISSIONER COYLE: It just would give, I think,
everyone greater comfort if you had a procedure that says, you have to
keep track of hours by a tenth, right?
MS. KRUMBINE: We can do that.
COMMISSIONER COYLE: Okay. Or by the quarter hour, you
know. Whatever seems reasonable, and our legal staff can advise you
on that because you don't want to make it too cumbersome.
MS. KRUMBINE: No.
COMMISSIONER COYLE: But you really should specify how
you go about billing for time served, because consultants of all kinds
have different ways of billing their time.
I always rounded to the nearest day.
MS. KRUMBINE: And you change your name every time you
do that; is that what it is?
CHAIRMAN FIALA: County Attorney, did you have something
you wanted to add?
MR. KLATZKOW: Yeah. My understanding, the way this is
working is we're paying for part of a person here?
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September 15, 2009
MS. KRUMBINE: That's correct.
MR. KLATZKOW: Okay. We could require that they put in a
minimum number of hours during the course of the -- I mean, if we're
going to be paying for half their salary, for example, half their time
should be towards this program.
COMMISSIONER HALAS: Thousand hours.
MR. KLA TZKOW: And I think that takes care of it. So
whatever the percentage is we're buying of this person -- and it's not in
here. If we're paying for half their time on this, then half their time
should be geared towards this program.
COMMISSIONER HALAS: Be about a thousand-20 hours,
right, half a year.
MR. KLATZKOW: Yeah, you could do it that way.
COMMISSIONER HALAS: A thousand-20hours, that breaks
down to about a half a year. I make a motion to approve this.
MR. KLATZKOW: Yeah, but I don't know if it's a half person
we're buying or a quarter person.
MS. KRUMBINE: I don't know that specifically right now
either, but I'd be happy to look into that, and we can go ahead. And
when we go through the subrecipient, the beginning of the contract,
we could specify how it's going to be billed and how many hours we
expect for that.
CHAIRMAN FIALA: Go ahead, Commissioner Henning.
COMMISSIONER HENNING: How did you come to the
determination for legal fees? $69,850, how'd you come to that
conclusion? Why not 70,000, or why not 60,000?
MS. KRUMBINE: Commissioner, when we go through the
applications, the subrecipient actually submits a budget, and then we
fund it. And sometimes, well, almost all the time, we do not fund to
the level that they ask. It's like they come in and ask for a half a
million dollars, and we say, yeah, we really like your project, but we'll
give you $112,000 for it, so what is that $112,000 going to get you to
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get what we want done?
And so they submit a budget, and we work with them with that
budget, and that's -- and that's the number that they submitted for this
project.
COMMISSIONER HENNING: And I would imagine they
submitted some other information that maybe I'm looking for to have
that comfort level?
MS. KRUMBINE: Well, the other information is the number of
people that they hope to serve through it, and that's the 66 families.
COMMISSIONER HENNING: Okay. Well, I've asked all my
questions.
CHAIRMAN FIALA: Okay. Did I hear a motion or --
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay. Now, I have a motion to approve.
MS. FILSON: Is that with changes?
COMMISSIONER COYLE: With changes, yes.
CHAIRMAN FIALA: With changes.
COMMISSIONER COYLE: With the clarifications that Marcy
COMMISSIONER HALAS: Marcy brought forth.
CHAIRMAN FIALA: And a second.
COMMISSIONER HALAS: That's my second.
CHAIRMAN FIALA: Okay. And is there any further
discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
Page 1 73
September 15, 2009
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay. That's a 4-1 vote.
And we go on to public comments.
MR. KLATZKOW: No.
COMMISSIONER COYLE: What about 12E?
MR. KLATZKOW: You've got 12E, ma'am.
MR.OCHS: Well, public comments is number 11.
Item #11
PUBLIC COMMENTS ON GENERAL TOPICS
MS. FILSON: Public comment is 11.
MR.OCHS: She's right.
MR. KLATZKOW: Oh, sorry.
MS. FILSON: I have two speakers under public comment.
Hilary Smentek.
MR. SMENTEK: That's right. My name is Hilary Smentek.
And as a resident of Collier County for the past 19 years, and speaking
as an individual but also a member of the pro-life committee, I'm
asking the county commissioners if the county commissioners
recognize the implications of the activities initiated yesterday in
Collier.
Hopefully the county commissioners know that abortions were
scheduled to be performed for the first time in Collier County in over
a decade. Why now? When this organization moved to its present
location, was the county aware and did it provide subsequent permit
for this activity to expand to its present state of surgical and medical
procedures here in Collier? In that building?
You are aware of the conservative demographic which you
represent; therefore, why was this function permitted when it
contradicts the culture of our community?
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Finally, I hope the Collier community learns soon from you what
provisions are in place to proclude (sic) this activity from expanding
into a major mega abortion mill. Thank you.
MS. FILSON: The next speaker is Bruce Anderson.
MR. ANDERSON: Good afternoon, Madam Chairman,
Commissioners. My name is Bruce Anderson from the Roetzel and
Andress law firm, and I would like to speak to you about the hearing
schedule for Growth Management Plan amendments that were filed in
2007 and 2008.
At present you are scheduled to hold final adoption hearings on
these amendments on September 23,2010, and these are for
amendments that were filed by private parties in 2007/2008.
The normal hearing schedule would have had these amendments
heard and acted on at least a year ago. The people who filed for these
amendment applications paid hefty application fees to have their
applications reviewed and acted on in a timely fashion. Already, the
county's normal hearing schedule is off track and late by more than
two years for applications that were filed by April, 2007.
I respectfully submit that timely hearings are owed to these
people who paid the hefty application fees and have been patiently
waiting for their day in court for the last one and two years.
I would respectfully request that the board shorten the hearing
schedule to make up for those prior delays, and I have some possible
alternatives to suggest that I'd happy to share with you now or with the
manager, depending on the direction that you give staff to try to find
some ways to shorten the hearing schedule. It's important in these
economic times to encourage the private sector in their efforts to get
the economy moving.
CHAIRMAN FIALA: I have a few people that would like to talk
with you on this subject. First Commissioner Henning.
COMMISSIONER HENNING: Actually, mine was on the
preVIOUS one.
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CHAIRMAN FIALA: Oh, I'm sorry.
Then Commissioner Coletta.
COMMISSIONER COLETTA: That's me, ma'am. Mr.
Anderson, I understand where you're coming from, and what you're
asking for is, right now, if I'm not mistaken, you don't need something
where everything stops dead in the track, you don't need to have the
whole world rearranged. You need something that will move this
forward maybe a month sooner than originally planned; is that
correct?
MR. ANDERSON: A month or two. And no, I don't want to
stop anything. One of the ways I thought you might be able to do it is
to take a few amendments at a time during your regular meeting
schedules and fill it in that way.
COMMISSIONER COLETTA: I'm personally agreeable to it,
and I know the reasons. And let's be upfront about it. We have an
unknown factor out there. Your clients have invested considerable
money and time in moving these issues forward. Collier County
Government, because of other demands and financial constraints, was
unable to produce a product in a reasonable period of time. It's just
one of the natures of it.
Meanwhile, you're bumping up against what may be the
hometown democracy issue. You're in the pipeline, and you don't
know how that's going to end up if it goes one day past the time that
the vote is taken. And I know that's a concern. I just wanted to lay
everything out on the table right now.
I think that your request is extremely reasonable if it's a doable
thing. I don't -- have you shared any of this with Joe Schmitt?
MR. ANDERSON: Yes, I have.
COMMISSIONER COLETTA: Mr. Schmitt, would you care to
comment? I'd like to know what we could do, if it's nothing more than
adding it to an agenda over a couple meetings' time to move
everything forward. Of course, it can't be just the clients for Mr.
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Anderson. It would have to go across the broad spectrum.
MR. SCHMITT: For the record, Joe Schmitt. With all due
respect to Bruce, the delay was strictly related to the submittal of the
EAR and the completion of the EAR-based amendments. And we
took no amendments -- we took amendments in, but none of the
amendments were dealt with until you dealt with those EAR-based
amendments which went through transmittal and adoption, and then
this cycle picked up immediately following.
I have ten private petitions, or I have ten petitions in this cycle;
nine private, six of which are in the Golden Gate Estates. Very, very
controversial GMP amendments. What Bruce is asking is the cycle to
be compressed. And, of course, as you pointed out, the issue really is,
your scheduled to hear these in September, 21st and 23rd of2010.
That's through transmittal and then adoption. The final acceptance is
September a year from now, a little less than a year from now. And, of
course, if they're challenged, there's a -- there's a -- I just lost it --
30-day or 45-day challenge?
MR. ANDERSON: Forty-five.
MR. SCHMITT: Forty-five-day challenge period. And if they're
challenged, it does put the petitioner -- potentially could put the
petitioner at risk. But in all honesty, it's my understanding, once we
get through adoption and they're forwarded to DCA, these things are
locked.
To compress the schedule, and Bruce has offered to you an
option of compressing the schedule. That, frankly, does nothing
unless I can compress the schedule -- it can compress the schedule for
transmittal, but adoption, if I can compress its schedule, the only
options I have is for you to agree to meet in June and July of next
year, or July and August, to do hearings. If you -- because right now
you're scheduled, I have a Planning Commission scheduled for next
July. You've seen the schedule. I think you have that. He handed it
out to you. If not, I'll put it up. I think this is the same one. One that
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Bruce -- that's the one that Bruce had, and that's my notes on there.
But he's -- if you look at that schedule, it's pretty clear because of
the -- the petitions -- and, frankly, we're still going through sufficiency
review and packaging these for public hearings. Through the various
public hearing processes, we have two Planning Commission dates
scheduled. We're going to need both dates.
It's been customary for almost a year to take them back to a
consent agenda through the Planning Commission. Bruce is proposing
that you eliminate that. I would strongly suggest we not eliminate the
consent agenda with the Planning Commission. That allows us to take
a completed ordinance back to the Planning Commission for one final
review to make sure that we communicate their intent to you. And that
has been extremely helpful. Painful but helpful.
And then those petitions come to you. You're going to need two
hearings dates. You're probably going to need two hearing dates, at
least that's what we have scheduled.
And then if you see during adoption, we're into June and July
with the Planning Commission. Now, if I were to compress that, I
could, but that does no good unless you-all agree to meet.
COMMISSIONER COLETTA: Okay. And Mr. Schmitt, we
have to come back in July to be able to meet to be able to have a
meeting and also be able to work on the budget. And during that time
that we're back, there's no reason why we couldn't make our plans
around being here for like a week, maybe stretching from a Monday to
a Monday so that we could pick up a couple of hearings during that
time.
And we could also, if necessary, come back towards the end of
August and be able to keep it going forward. I have no problems
being here to do the people's business. I don't want the fact that we
normally shut down for two months in the summer to be a deterrent
for us to be able to run this government in a correct and efficient way.
MR. SCHMITT: Well, then -- now, in between your transmittal
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and adoption of this cycle, I have the Immokalee Area Master Plan.
COMMISSIONER COLETTA: Well, I know that, sir, and that's
one of the things you're not going to in any way trespass against. I'll
protect that till the end of days, and every one of these commissioners
have said the same thing.
COMMISSIONER HENNING: Not me.
COMMISSIONER COLETTA: It's just -- with the exception of
Commissioner Henning. I just want to make sure I get that disclaimer
in there at the correct time.
So the whole thing is, what is really possible and what isn't? I
mean --
MR. SCHMITT: Well, let me -- that's the board's schedule for
November. If Bruce wanted to push your hearings that are scheduled
now, the transmittal hearings, rather than January, and into November,
I may have -- I think I've got the 20th and the 30th as shown. Every
other day is full in this board -- in this boardroom or you're
committed. I've not checked your calendars for those two dates in
November. And in December, the same thing. I basically have the
21 st through the 23rd, and tentatively December 1 st open. But, again,
I've not checked your schedules.
Those are the -- and I've already communicated this to Bruce.
There's just no days available in November and December to
compress this schedule for you. But even if I compress the schedule,
unless you agree to meet next summer, the September meetings, to
move those into June and July--
COMMISSIONER COLETTA: May I suggest -- we've still got
other commissioners to talk, and I don't think we need to drag this out
forever. Either we're going to bring this back and discuss it as a real
subject matter, or we're not and we're going to do it, period. I, myself,
am willing -- I'm willing to commit my time to make it happen.
MR. SCHMITT: Well, it's -- but, again, it's an issue of making
sure we vet these through the public, we provide the time for the
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committees, the various -- the committees that review these, the
Planning Commission and EAC, and to provide you the
recommendations. Likewise -- I think the concern again is meeting--
beating this November date.
And it's clear because of the schedule we've set, that allows us
some time to recover from Planning Commission and EAC and
Planning Commission recommendations that I don't think this is going
to be a problem. Even if you hear it, wait until September, 2010, I do
not see this as being a problem. If we move it into July and August, it
does -- it certainly may provide his two applicants some comfort, but
is that -- I still question whether --
COMMISSIONER COLETTA: No, not -- I'm sorry, Mr.
Schmitt. Not the two applicants. I'm talking about whatever is out
there. We can't give special consideration to Mr. Anderson's
applicants by themselves. I'm saying, the people's business has to be
conducted in an official manner.
The Planning Commission's been willing to meet on a regular
basis. And I'm for polling the commission at some point in time but
first we have to have some idea of what is doable and what isn't.
You're telling me what's possible, then you're countering it with other
reasons why it won't work.
Let's hear from the rest of the commissioners and see if this is
something we want to bring back for discussion.
CHAIRMAN FIALA: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yeah. I think people are getting
the cart before the horse. I think people are concerned that this
hometown democracy is going to pass. I personally don't think it's got
the votes there. So I don't think that we need to jump through hoops
here.
So my concern is, maybe working in July from sometime, but
August, I don't plan to be here, okay?
CHAIRMAN FIALA: Commissioner Coyle?
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COMMISSIONER HENNING: Boy, that's saying a lot.
COMMISSIONER COYLE: Yeah, the issue here, in my
opinion, is that people have paid fairly large sums of money to have us
do something, and we haven't done anything. That's the issue.
Whether it's done before the hometown democracy vote or afterwards,
I guess I don't get really too wrapped up in that.
But if I were a small landowner or small developer and I had paid
$18,000 a year and a half ago to have the county do something and
they haven't done it yet, I would be pretty angry, I really would.
And we shouldn't treat people like that. We need to find a way to
get it done, or else we shouldn't accept their money. And if it means
we say to people, well, hey, we can't take in any more because we're
stretched too thinly now but we've got to clear out the backlog of the
people who've already paid, that makes sense to me.
Now, if I am fortunate enough to be elected as the chair next
year, I guarantee you I can find time to get this thing done, okay. I
think there's time left in this year we can start working on some of
this.
So I need to separate the issues. Is it the fact that the staff doesn't
have the time to deal with this, or is there some concern that the
advisory committees and the board doesn't have the time?
So you've got to give me an answer. What is it? The staff can't
get the stuff ready or you can't find time for the boards to meet?
MR. SCHMITT: Commissioner, the schedule's already in
progress. October we have a meeting with the Planning Commission.
The real issue here is the quality of the submittals, the rejections
that's competent and substantial data and analysis as is required to
support some of these amendments, the rej ections that were sent back
to the petitioners to provide the information, and the state of the
applications that are in right now.
If you want to hold down on that, I can -- I'll have to schedule
you to come back and I'll give you a detailed analysis of how many
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we rejected, the shorten -- or the sufficiency reviews, the data and
analysis to support the recommendations, and that's studies and square
footage, new recommendations to support --
COMMISSIONER COYLE: Well, maybe if you'd just tell me,
are Mr. Anderson's clients guilty of delays of responding to --
MR. SCHMITT: I don't have that information with me. I did not
gather that for this discussion. I apologize. But no, I did not do that.
I was not going to do that today.
COMMISSIONER COYLE: You see, the information that I
would need in order to make a recommendation as to what we do is, is
it a meeting schedule that you're concerned about with the Board of
County Commissioners and the Planning Commission, or is it the
staffs work that has to be done?
MR. SCHMITT: It's both. It's trying to find days to meet--
COMMISSIONER COYLE: There is no reason, absolutely no
reason in the world why if this board needs to meet more frequently
than twice a month, we can do that in January, February, March,
April, May. We don't need to wait until July and August to do that.
We can meet -- in fact, we do meet more frequently than once a
month.
I mean, we have -- and I've counted them -- on average this board
or the members of this board have a meeting every three days, three
times a week, I should say. Three times a week members of this board
are in a meeting of some kind that they're required to be at, okay.
MR. SCHMITT: And I understand --
COMMISSIONER COYLE: There's no reason at all that we
can't be in a meeting another day for something as important as
clearing out a backlog of petitions that have been waiting around for a
year to year and a half.
And so I'm -- I think we're all willing to spend that time. We
don't need to cram it into summer of next year. We can do it between
now and then.
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CHAIRMAN FIALA: Right. We--
MR. SCHMITT: Again, it's your calendar, and it's the
availability of this room. We would find other locations, I would do
that. And it's providing the time between, say, the Planning
Commission, making the corrections, working with the applicant,
because the Planning Commission does go over, and rightfully so,
they review these Compo Plan amendments with -- certainly with the
detail they need to be reviewed. We then prepare those packets, and
they come to you in GMP amendments. And you re- -- you see GMP
amendments. The books are this thick.
COMMISSIONER COYLE: Yeah, I understand. I know there's
a lot of work here, but I'm saying to you that in order to clear out the
backlog, we have two ways to proceed. Number one, we can
outsource some of this stuff if the staff is overloaded; number two, we
can get the Planning Commission and EAC and the Board of County
Commissioners to meet for an additional meeting sometime
specifically for these kinds of things.
It should be relatively fast because we're not diverted with lots of
other things like proclamations and all other things we go through. So
we could -- we could have a meeting specifically for one or two
issues, and we can have that meeting in other places where it is -- can
be televised or taped. We can work around those types of problems.
Those are just housekeeping problems.
CHAIRMAN FIALA: Right.
MR. SCHMITT: Well, there's costs associated with that, as well,
and -- significant costs.
COMMISSIONER COYLE: Well, we have Commissioner
Coletta's travel budget we can deal with here.
MR. SCHMITT: And, of course, it's providing the time. Now, if
you'll -- there's a 90-day delay between the transmittal and adoption.
We send to DCA, we get the ORC Report -- Observations,
Recommendations, and Comments -- and then we have to work with
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the applicant again and address those comments and prepare and
package --
COMMISSIONER COYLE: I know there's a lot of work
involved.
MR. SCHMITT: Yes, sir.
COMMISSIONER COYLE: Okay. I don't need to go through it
all right now. But I'm saying to you, do not let yourselfbe limited by
the place you're going to meet and a current schedule. We can all
change those things, okay.
MR. SCHMITT: And I understand.
CHAIRMAN FIALA: And I think you're hearing that from all of
us. These people have put up good money, and not only that, but our
economy has been sluggish, our building has been sluggish. Now that
-- and these have been languishing since 2007, 2008.
We've got an opportunity to move things forward, put people
back to work, and we're all interested in getting that job done. And so
what? So we rearrange our schedule so we have extra meetings.
We're willing to do that.
I mean, we're here really -- we're here for the public anyway, and
we're not going anyplace. We might as well just meet. Like, for
instance, you can schedule one on the other half of an MPO meeting,
you know. Go out to lunch and come back and do that, yeah. And
then afternoon is always available.
So I mean, there are ways that we can work -- we'll work around
that, and we would want you to work around that as well so we can
move forward.
MR.OCHS: Yes, ma'am. That's what we'll do.
CHAIRMAN FIALA: Okay. And Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. I'll tell you what.
Commissioner Henning hasn't gotten to speak yet. I'll follow him.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Well, I just heard the County
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Manager, and he understands. That's all I wanted.
CHAIRMAN FIALA: Okay, good.
Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. And I just wanted to
mention that, you know, we have other lives, there's no doubt about
that, and there's going to be times when things that we want to do or
that we have planned with family, events possibly maybe a year or so
ahead of time that's going to conflict with what we want to do, but it
doesn't mean we can't attend the meetings. It's very easy. I mean, I
think it's fine, then we should just have it a regular protocol where if
you have something coming up and you want to attend it, by all means
do it, attend the meeting by phone.
With the phone and a computer in front of you and the video
streaming we have, you're technically in the meeting. People can't see
you make funny faces and you may be sitting in front of that screen on
the phone in your underwear, but who cares, you're still getting work
done.
CHAIRMAN FIALA: Don't tell us about that, please.
COMMISSIONER COYLE: That's an ugly image.
CHAIRMAN FIALA: Hey, you know, we're pretty good about
that anyway . Yes, we take off in August because we have no
meetings scheduled and we take off the first few weeks in July, but the
rest of the time we're here. It's very, very seldom you ever see any of
us go away because we just dedicate our -- I hate to say it -- but our
lives to this job.
Let's see. Commissioner Halas, you can wind it up.
COMMISSIONER HALAS: Okay. I think that Joe touched
upon something we all have to realize, that before he can bring before
us the changes in the GMP, that the applicant has to do due diligence.
That's foremost. And I think there's times when -- why are we
behind? Because I believe if we look at what's happened, that the
applicant has not lived up -- even though they put the money in, they
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haven't lived up to their goals whereby -- the problems that are arising
in the GMP amendments, they're not going back and addressing them
quick enough so that they can get things moving or that -- there's a
number of times that these GMP amendments go back to the
applicant.
So I think there's not only due diligence on our part, but I believe
there's also due diligence on the applicant and -- to get these things
moving forward.
So let's not put all the blame on ourselves or staff. There's some
people out there that really need to step up to the plate and make sure
that when they submit these GMP amendments, that they do that in a
manner that doesn't take a lot of staff time, that we can move forward
and get things taken care of. Thank you.
CHAIRMAN FIALA: Thank you. So, Bruce, I think you've
heard how we all feel. The County Manager has said he's going to be
working on that with Joe Schmitt, and I think I can safely say that
we'll be doing our best to move forward with this in a very efficient
manner.
MR. ANDERSON: Thank you very much.
CHAIRMAN FIALA: Thank you for bringing this to our
attention.
Item #12E
RECOMMENDATION TO AUTHORIZE AN AMENDMENT TO
ORDINANCE NO. 91-65, AS AMENDED, RELATING TO THE
AFFORDABLE HOUSING ADVISORY COMMITTEE, WHICH
WILL LIMIT THE REZONING PETITIONS REQUIRING
COMMITTEE REVIEW TO ALL AFFORDABLE HOUSING
PROJECTS AND ANY PROJECTS WHICH REQUEST EXISTING
OR NEW AFFORDABLE HOUSING INCENTIVES - MOTION
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TO REMOVE ANY REVIEW BY THE AFFORDABLE HOUSING
COMMITTEE ON REZONE PRESENTATIONS - APPROVED
MR.OCHS: Ma'am, that takes us to 12E on your agenda. 12E is
a recommendation to authorize an amendment to ordinance 91-65 as
amended relating to the Affordable Housing Advisory Committee,
which will limit the rezoning petitions requiring committee review to
all affordable housing projects and any projects which request existing
or new affordable incentives. And this item was moved off of the
consent -- excuse me -- the consent agenda at Commissioner
Henning's request.
COMMISSIONER HENNING: Yes, just a clarification.
Advisory board, do they make recommendations, is that on the
executive summary, on zoning or rezoning?
MR.OCHS: This is the County Attorney's item, sir, so I'm going
to --
COMMISSIONER HENNING: Well, I -- but Joe Schmitt is the
one that would -- probably could answer that question better.
And the question is, does the Affordable Housing Committee,
advisory committee -- I mean, they're -- do they make
recommendations to the Board of County Commissioners on rezoning
for affordable housing?
MR. SCHMITT: By ordinance, they're required to review a
petition that involves affordable housing.
COMMISSIONER HENNING: Right.
MR. SCHMITT: We haven't had an affordable housing petition
probably in --
COMMISSIONER HENNING: Yeah, but that wasn't my
question.
MR. SCHMITT: Yes. But -- yes, they do. We normally put in
there affordable -- we have an affordable housing chapter or paragraph
that says, affordable housing, does this impact affordable housing?
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And then we would comment as to whether the Affordable Housing
Committee reviewed, or we're supposed to do that.
COMMISSIONER HENNING: There -- yeah. Was there a
recommendation that says, yeah, we need to -- Board of County
Commissioners, we need to approve this affordable housing project?
I guess what I'm trying to say, Commissioners, is why? I mean,
you're going through another -- another committee, and you're slowing
down the process. I don't see any need for -- I don't see any --
MR. SCHMITT: I agree.
COMMISSIONER HENNING: The Affordable Housing
Committee, why would they say no to an affordable housing project?
MR. SCHMITT: I think it was only done out of courtesy to let
them know that a project was being proposed and that they're aware of
it. They certainly, certainly could be made aware of it. But for them
to specifically comment -- normally the zoning issue is what you're
concerned about, and that's done through the Planning Commission.
COMMISSIONER HENNING: Yeah.
MR. SCHMITT: That's -- the Affordable Housing Committee
would only be -- should only comment based on the needs and the
merits of the proposal.
But I concur with Jeff, I think it's -- I think the proposal to
remove it is warranted.
COMMISSIONER HENNING: Well, no. It's actually an
addition, isn't it, Jeff?
MR. KLATZKOW: No. Right now your ordinance provides
that the committee shall receive a presentation from all applicants
seeking rezoning approval by Board of County Commissioners. Of
course, there's no requirement for them to make a recommendation on
it. They're simply given a presentation on it.
And so I guess the question, Commissioner Henning, is whether
or not that's necessary to make them go through the presentation.
COMMISSIONER HENNING: Well, they can also go to the
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NIM meeting. It doesn't -- here's what I got. Is says, the Board -- that
the Board of Commissioners authorize the County Attorney to
advertise and bring back to the board the consideration of an
amendment to the ordinance as amended, which will limit the
affordable housing. But then you go to the underline on the first page,
it looks like you're requiring them to go to -- make recommendations.
MR. KLATZKOW: No. Right now your ordinance provides
that they -- they're supposed to get a presentation from everybody
seeking a rezoning. And the idea was, okay, there's no point in that.
But if you want them to get a presentation for the affordable housing
projects, we could limit it to that, or we can just do away with the
whole presentation.
COMMISSIONER HENNING: I don't see a need -- need for -- I
mean, scheduling. We just heard a scheduling thing here. Why would
we want -- why would we want more, demand more?
So, you know, what Reagan's famous quote says, if it -- if it -- if
it moves, regulate it, and if it stops moving, incentivize it, or
something like that. I don't see where it's broken. I don't think you
need -- we need more regulations. I think we need less regulation.
So my recommendations would be to remove any requirement
for review of the Affordable Housing Committee for rezoning of
affordable housing.
CHAIRMAN FIALA: Okay. I'll second the motion.
Do we have any further discussion? Oh, Commissioner Coyle.
COMMISSIONER COYLE: Well, as I understand it, it's just
another presentation. Why do we want to do that?
COMMISSIONER HENNING: Yeah, we don't.
CHAIRMAN FIALA: That's what he said.
COMMISSIONER COYLE: Yeah. I'm very happy to eliminate
the requirement entirely, and if you want to notify them that there's an
affordable housing project, that's -- that can be done in a memo that
they can read as part of a packet when they meet. But I don't -- you
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know, we tend to have too many presentations and they tend to go on
too long. And I would -- I would like to eliminate as many of those as
we possibly can.
COMMISSIONER HENNING: And better yet, the Planning
Commission's agenda that's sent to me, instead of sending it to me,
just send it to the Affordable Housing Committee, and that way I
would have less to read, because it's going to be on my agenda
anyways, and I have less ex parte communication. You solve two
problems at once.
MR. SCHMITT: Fine.
COMMISSIONER COYLE: That's a good idea. I mean, from
now on, don't send me anything. That's a good idea. That will solve a
lot of my problems.
CHAIRMAN FIALA: Okay. Would you like to repeat your
motion, Commissioner Henning?
COMMISSIONER HENNING: Madam Chair, I make a motion
that we remove any review for the -- from the Affordable Housing
Committee in their ordinance on rezoning of affordable housing.
CHAIRMAN FIALA: Okay. And I seconded it actually.
Any further discussion on that?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Very good.
Now we move on to commissioner comments, I think.
COMMISSIONER COLETTA: No, County Manager.
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September 15, 2009
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR.OCHS: Staff and commission general communications.
Item 15, ma'am.
COMMISSIONER COLETTA: Sorry.
CHAIRMAN FIALA: That's all right.
MR.OCHS: And I have nothing today.
CHAIRMAN FIALA: No?
COMMISSIONER COYLE: Good.
MR. OCHS: I'm getting efficient.
CHAIRMAN FIALA: We're going to get out of here way too
early.
COMMISSIONER COLETTA: Commissioner Coyle scared
you, that's what it is.
MR.OCHS: That's it.
CHAIRMAN FIALA: How about our County Attorney?
MR. KLATZKOW: I received communication from Mr. Grady,
who says that there isn't any more money other than the $6 million, so
there wasn't the one-and-a-half million dollars, so that they rejected
the county proposal as it were, and so there is no settlement
agreement.
I don't have anything else.
COMMISSIONER COYLE: So even the 1.5 million was
imaginary, huh?
COMMISSIONER COLETTA: The $6 million never existed.
MR. KLATZKOW: No. The $6 million exists, but that's
probably going to get lessened by litigation fees, but there's nothing on
top of that.
COMMISSIONER COYLE: Well, so much for accurate
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September 15, 2009
financial reports from the clerk.
COMMISSIONER HALAS: I'm appalled.
COMMISSIONER COLETTA: I am. So in other words, he's
got his money without any kind of oversight. Can he spend this as he
so chooses?
COMMISSIONER HALAS: Sure can. At this point in time,
yeah.
MR. KLATZKOW: Commissioner, I'm just --
COMMISSIONER COYLE: Let's make sure we understand here
what happened. We were in a mediation meeting on Friday, and the
clerk's attorney --
MR. KLATZKOW: Well, we're not -- we really shouldn't -- the
mediation, sir, is confidential.
COMMISSIONER COYLE: Oh, that's right. That's
confidential, okay.
But is it not true that while we were in the mediation trying to
agree on a settlement, the clerk withdrew $6 million from our account
and transferred it to his own account?
MR. KLATZKOW: That's my understanding, sir.
COMMISSIONER COYLE: Okay. That's strange, isn't it?
Okay.
COMMISSIONER HALAS: Meanwhile, we're going to have a
cash flow problem, and I guess we're going to have to figure out later,
next meeting, what we're going to do with the cash flow problem,
right, or at a meeting?
MR.OCHS: Yes, sir. We'll come to you at your public hearing
on your budget and talk to you about strategies for dealing with the
cash flow issues that are presented.
COMMISSIONER HALAS: We need go to Washington and get
some money to bailout everybody else.
COMMISSIONER HENNING: I got some barbecue sauce for
that.
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September 15, 2009
COMMISSIONER COLETTA: Two jars for 25?
COMMISSIONER HENNING: Commissioners' comments?
CHAIRMAN FIALA: I'll buy some barbecue sauce. I don't
know. You know, being that there's litigation going on, I think we're
all rather hesitant to say too, too much of anything except maybe
disappointment.
COMMISSIONER HALAS: Very disappointed.
CHAIRMAN FIALA: We had hoped to see this resolved, and
we'd hoped to be walking down the path soon and Kumbaya together,
and it's too bad that we're not going to be doing that.
COMMISSIONER COYLE: Yeah. The problem really is that
it's a continuation that you can't get a straight answer about anything.
You can't get a straight answer about our interest. You can't get a
straight answer about why the $6 million was transferred. You can't
get a straight answer about what it's going to be used for. It's just, you
know, extremely frustrating, and people wonder why we're involved
in litigation. Well, that's it, because we can't get straight answers
about our money.
COMMISSIONER HALAS: I would hope that -- there's a
newspaper reporter here, and I would hope that the newspaper reporter
would take this on as an endeavor to report something for all the
citizenry of what's happened here in Collier County over a number of
years.
COMMISSIONER COLETTA: The most disappointing part of
this was is that we extended the olive branch. The olive branch was
accepted. We've come up through several different stages to be able
to make the clerk's department reasonably whole. They're not
suffering any more than we are with the money we came up with for
him. And then after all this takes place, this underhanded deal takes
place. You know, thank God we discovered it when we did.
I'm not too sure what we're going to do at this point in time.
Obviously the man is above the law and he can do what he darn well
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September 15, 2009
pleases.
We're going to be here for a few minutes, Dwight, if you want to
come over here and talk to us. Love to talk to you.
CHAIRMAN FIALA: Leo?
MR.OCHS: Madam Chair, Commissioners, the only thing I
might suggest for consideration at this point is, when you came out of
closed session, you essentially said that if the $6 million were put back
into the board's account today --
COMMISSIONER HALAS: Close of business.
MR. OCHS: -- and the clerk would make a representation that he
would turn back in October 1.5 million to allow you to fund the 1.5
million in contingent expenses that he asked for next year, that that
would settle the issue.
Realizing that the clerk says he can't represent that he could
produce 1.5 million in turn-back in October, perhaps you want to
consider 3.5 million as you've allocated in hard dollars next year, and
then provide for a -- dollar for dollar an additional money to the clerk
for every dollar of turn-back that he can produce, and then his
expenditure budget next year is limited beyond 3.5 million to
whatever turn-back amount he generates. That was essentially the
intent coming out of the closed session.
So if he turns back a half a million dollars, then you'll fund him
$4 million next year.
MR. KLATZKOW: And this is above the 6 million, right, Leo?
MR. OCHS : Yeah, this is separate, separate and above the six. I
mean, that preserves the intent. It won't get the clerk $5 million, but it
will provide, I think, some incentive to turn back as much as he
reasonably believes he can. And for every dollar that he does, it can
go towards additional funding for his operation in FYI0 beyond the
three and a half.
COMMISSIONER COYLE: Let me -- let me ask a question.
This means that there is no settlement; is that correct?
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September 15, 2009
MR. KLATZKOW: That is correct.
COMMISSIONER COYLE: Now, he didn't return the $6
million today, did he?
COMMISSIONER HALAS: By close of business.
MR. KLATZKOW: I don't know, sir. I do not know. I was just
informed by his attorney that they do not have the 1.5.
COMMISSIONER COYLE: So essentially we have no ability to
settle or reach a settlement because the terms of whatever settlement
we were discussing has been undermined by the transfer of $6 million;
is that a fair statement?
MR. KLATZKOW: I think if the -- well, I think the ball is now
in the clerk's court to come back with us -- to us with a proposal, and
if that happens, I'd be happy to separately relate that to you, and we
can move from there.
COMMISSIONER COYLE: Okay. So my conclusion is correct
that -- that we've been left in a position where we can't have a
settlement because he's taken $6 million out of our account.
And so if the lawsuit has to go forward, it is because the clerk did
what he did and undermined any settlement agreement; is that a fair
statement?
MR. KLATZKOW: I think that's a fair statement, yes.
COMMISSIONER COYLE: Okay. All right. Okay.
CHAIRMAN FIALA: Thank you, Jeff.
I guess that's all the discussion on that subject.
Nothing more from that the County Manager?
MR.OCHS: No, ma'am.
CHAIRMAN FIALA: Nothing more from the County Attorney?
MR. KLATZKOW: No, ma'am.
CHAIRMAN FIALA: Okay. Let's begin with Commissioner
Henning.
COMMISSIONER HENNING: Thank you. There was a
gentleman that spoke, Mr. Wood (sic), wanting to know how -- did
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September 15,2009
you know when you approved for Planned Parenthood that there were
going to -- it was going to be an abortion clinic. First of all, we did
not approve that. The only thing that was approved was a land use
Issue.
So I think the question should be, a least my question would be
from staff for the County Manager is, is that permitted for medical
procedures?
CHAIRMAN FIALA: I don't think they're in the county. It's in
the city.
COMMISSIONER HENNING: It's in the City of Naples, okay.
Well, you've indirectly answered my question. We did not -- it is not
approved for medical use.
MR.OCHS: Not by that board.
CHAIRMAN FIALA: By the county.
COMMISSIONER HENNING: In the county. And we did not
approve the zoning --
MR. OCHS: That's correct.
COMMISSIONER HENNING: -- for it.
The next -- next item I have, Madam Chair, we have
miscellaneous correspondence in our agenda, and we have that routing
slip thing that goes around, the county commissioners individually
review it, and then it gets on our agenda.
There are several things on there, and I really question on
whether they have to be put on miscellaneous correspondence and put
in the official record. That's an added expense that I would like for
our staff to take a look at.
An example, mosquito control. I'm not sure if we need to
approve the items that they do or even CDDs. I'm not sure if they
need to be on our agenda, or advisory boards or whatever.
I'd just like to shorten then that down, if possible. There's some
real strange things on there that we need to -- that's going through that
route -- routing slip that needs to be tended to.
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_.",--,..",> .-.-'..-.
September 15, 2009
CHAIRMAN FIALA: So who would -- who would be the one
that would be tasked to check that out? Would it be Ian in our office or
COMMISSIONER HENNING: I don't know. Sue Filson
wanted to say something though.
MS. FILSON: A lot of the districts that are required to file
quarterly reports and things like that, they're required to file them with
the finance department. They, in turn, send them to our office to be
noted as a public record under miscellaneous correspondence.
COMMISSIONER HENNING: Well, we should -- we should
maybe consider -- if it's not required and they want to do that, maybe
we should consider a fee to do that, recoup the costs.
Is -- Sue, is it your understanding that they want to put that in the
miscellaneous correspondence?
MS. FILSON: The Clerk's Office, yes, sir.
COMMISSIONER HENNING: Okay. Well, I mean, it's a cost
I'm not sure that we really need to, if that's their request. Like a CDD,
Sue's example. They're their own governing body, so that if they want
it stored in the BCC's minutes, then they should -- I mean, if you're
going to -- if the -- if the -- let me put it this way. If you're going to
record something with the Clerk of Court, you have to pay a fee.
MS. FILSON: I don't think it's actually recorded. I think it's just
kept in the minutes and records department for public record.
COMMISSIONER HENNING: Yeah, it is the official record. It
goes in the official record and it's there for years and years. It needs to
be maintained. It is a cost to the Board of Commissioners.
Leo? Jeff?
COMMISSIONER COLETTA: Suggestion?
COMMISSIONER HENNING: Yes.
COMMISSIONER COLETTA: You know, you brought up a
very good subject, but there's a lot more to it than I think we're going
to be able to handle here.
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September 15,2009
If you could do just a little bit of research and identify those
records that -- what do you want to call them -- that are, incidentally,
of no value, I mean, I'm more than willing to have that trimmed back.
I don't think we're going to be able to do it here today.
MR. KLATZKOW: I understand Commissioner Henning's issue
here. Let me work with Sue and the County Manager, and we'll get
back to you on executive summary what the issue is and with a
recommendation. I understand the issue.
COMMISSIONER HENNING: Now, is it the commissioners'
wishes that we record advisory boards? I would think it would be
important for the Planning Commission to be on there. But would it
be important to have animal control in the official record? Yes?
CHAIRMAN FIALA: Oh, yeah.
COMMISSIONER HENNING: Okay.
MS. FILSON: And that's by ordinance, sir, that they're filed with
minutes and records, the minutes of advisory committees.
COMMISSIONER HENNING: And who created that
ordinance?
MS. FILSON: The Board of County Commissioners.
COMMISSIONER HENNING: And who can change that?
MS. FILSON: The Board of County Commissioners.
COMMISSIONER HENNING: Okay. And I don't see anybody
willing to do that, so -- but it was a good question, I thought.
That's all I have, Commissioner.
CHAIRMAN FIALA: Okay, thank you.
COMMISSIONER HENNING: Thank you. You did a
wonderful job keeping us in order.
CHAIRMAN FIALA: Thank you.
Commissioner Coletta?
COMMISSIONER COLETTA: Actually everyone did a
wonderful job today.
The -- I got several issues, and I'll try to be quick with them.
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September 15, 2009
One, red light cameras. When we had that presented to us and
we heard the issue over and over again, first and paramount was the
fact we were looking about safety. We were concerned about the
T -bone crashes, remember that? We talked at great length about
secondary accidents that may happen with people stopping short. We
got into a tremendous amount of discussion. But how many people
here recall a deep discussion regarding right-hand turns at red lights?
CHAIRMAN FIALA: We never discussed that. I was going to
bring that same subject up. And Jay can also speak to that. Oh--
COMMISSIONER COLETTA: Right. Oh, that's not Jay.
CHAIRMAN FIALA: They already knew I was going to talk
about it.
COMMISSIONER COLETTA: Well, I already talked to him
about it, too. It's amazing how great minds run in the same direction.
CHAIRMAN FIALA: Yeah, that is true. And beautiful, too.
Beautiful people.
COMMISSIONER COLETTA: Yes. Thank you very much. It's
like looking in the mirror.
Yes, red light cameras, a right-hand turn. I mean, I'll tell you
what I'm hearing out there is -- it really makes me mad. I've seen so
many examples, people saying, you know, I can't believe it, I came
alm- -- I came to a full stop or I thought I came to the stop. I hit my
brakes. There was no traffic. I made the turn. Now, was it legal? No.
Absolutely not. They had a technical -- they had a violation of what
the Florida transportation laws are as far as red light -- red -- turning
on red; however, with that said, we're not talking about the law of the
land as far as traffic goes. We're talking about our code and
ordinances and what the Collier County Commission has dominance
over.
In this case, I don't know if we really need to have that part in
there and just deal with the issues that we originally thought of.
Your turn.
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September 15, 2009
MR. TIPTON: Okay. For the record, Bob Tipton, traffic
operations director.
Actually, if you'll remember, the ordinance was written by the
Sheriff s Office, and making arrangements so they can come back in
two weeks and we can do a presentation on this. Maybe we can
answer questions better.
I will say that -- and when I speak to them, as they point out, any
red-light running is a violation of state law. They go by the fact that if
they were standing at the corner and saw it, they would give the
citation, and that's why it's covered there.
Also you have to remember, if a vehicle is facing a red light,
someplace there's a vehicle with a green light, so you are violating or
conflicting with someone else who has the right of way. That's one of
the reasons they're looking at it.
Also, red light -- I mean, when you make a right turn on a red,
you are normally going to cross a pedestrian crossing, at least one,
sometimes two, and that can create a situation in which you are
entering the crosswalk without -- and in conflict with a bicycle or
pedestrian. In fact, I'm having crash reports looked at today to go
through these. And I got an email from my office. They found at least
a dozen so far from in the last three years of pedestrians being hit by
vehicles making the right turn on red. I need to go back, study those
crash reports, make -- to verify that that's true.
But it's certainly understandable that if a car is approaching the
intersection at 15 or 20 miles an hour and doesn't slow down enough
and goes through without stopping, looking in all directions, watching
all traffic, that there might be a conflict there.
Also in speaking with the people from the vendor, they report to
me that Collier County is the only agency they work with in which
they don't send all of their violations to the Sheriffs Office -- or the
local police agency to verify.
They are automatically cut off, anybody that stops anywhere in
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September 15, 2009
that turn, whether it's at the stop bar where you're supposed to stop.
Some people have a habit of rolling past the stop bar a bit, straddling it
or even past it. They just accept the fact that in Collier County that's
going to be considered a stop. They don't even bother adding it to the
queue that the officers have to look at.
And so then when the officers look at the violations they do send
them, they're throwing them -- not throwing them -- they're not
accepting about 20 to 25 percent of those violations even so. They're
watching them very closely. I'll give them credit for that.
CHAIRMAN FIALA: Okay. I want to just throw on this -- just
a small statistic, just one. And on one day, turning right-hand from
Vanderbilt onto U.S. 41, just one day, 505 violations were cited.
MR. TIPTON: One--
CHAIRMAN FIALA: Five were running the red light.
MR. TIPTON: One month.
CHAIRMAN FIALA: One month?
MR. TIPTON: Yes, ma'am.
CHAIRMAN FIALA: Okay. Five were running the red light,
500 it was right turn on red.
MR. TIPTON: Yes, ma'am.
CHAIRMAN FIALA: We -- when we voted to do this -- and
there was a lot of outcry from our people, and we said, no, we felt
red-light running was important because we were concerned with the
safety of our people. We never even spoke of right turn -- right turn
only. We encourage the right turn lanes to keep on moving so we can
get our traffic moving so we can -- so we don't have concession, right
turn on red.
And yes, you're supposed to come to a stop. How many times do
you pull up, and you can see that that red light is just about to change,
and you're here and you've got a clear lane, and you zip out before the
other traffic keeps on coming, right?
I think that -- I think that that has been a cash cow to the vendor,
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September 15, 2009
and they would hate to lose that, but that isn't why -- we didn't care
about the cash cow to the vendor. We cared about the safety of our
people. So I'm just going to add that to it.
And Jay, do you have any comments to make? I'd asked him to
come up here as well.
MR. AHMAD: Madam Chair, Jay Ahmad, for the record. I was
one of the ones who got a ticket, not personally driving. My kids were
in town for the summer, and they ran the red light, making a right turn
red, precisely at that spot. So I differ with Bob somewhat on his
analysis. So let's come back in two weeks and look at this.
CHAIRMAN FIALA: Can we bring it back on the agenda?
Okay. I know my daughter got a ticket, right turn, my
granddaughter got a ticket, right turn.
MR. KLATZKOW: I did, too.
CHAIRMAN FIALA: You got a ticket on the right turn. You
got a ticket on the right turn?
MR. KLATZKOW: And I say, it was very unfair.
CHAIRMAN FIALA: No. You know, they admitted that they
didn't come to -- well, one came to a full stop, but she wasn't stopped
for three seconds. She didn't know that you had to stop for a length of
time, and so she got a ticket.
MR.OCHS: Well, we can come back at the meeting on the 29th.
CHAIRMAN FIALA: Yeah, we'll bring it back on a regular
agenda, if you don't mind.
COMMISSIONER HALAS: I'd just like to say one thing, that
when you bring this back, bring back the sheriff or a representative
from the Sheriffs Department and read the state law. In fact, it's about
a law in every state that states that when they changed the law for
people to make a right-hand on red, that they were supposed to come
to the stop bar, stop, and then proceed with caution to make their turn.
Now, when you're traveling eight miles an hour or ten miles an
hour going around the corner -- and I think that's where a lot of people
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September 15, 2009
are getting caught because they just zip right around there without
even stopping -- that's a violation of state law. Just plain and simple.
And that's part of the things that people learn in driver's training when
they go through the process, so --
COMMISSIONER COLETTA: Two weeks.
CHAIRMAN FIALA: Yep. We'll bring it back.
MR. TIPTON: We'll be back in two weeks.
CHAIRMAN FIALA: Good. And you'll bring back info with
you, and also bring the sheriff back?
MR. TIPTON: And maybe even some video.
COMMISSIONER HALAS: Yeah, video would be great. Show
some examples. Thank you.
COMMISSIONER COLETTA: And I got a couple more, and
I'm going to be quick.
I'd like to bring back the rental fee inspection. We directed staff
some time ago to -- we indicated our dislike of the program. We
asked about bringing it to a conclusion. I don't think we gave specific
directions.
But I'd like to have -- the results of the refund program, and also
I'd like to be able to find out, is this economically -- well, here's Mr.
Schmitt. Is this program economically feasible to continue as it's
presently set up?
MR. SCHMITT: No.
COMMISSIONER COLETTA: Can we bring this back in two
weeks to be able to deal with it, maybe even have it on the consent
agenda?
MR. SCHMITT: I'll bring back a report on the refund. That was
last year. We still owe you that. But also included would be a
recommendation from staff. It will outline for you what it costs me to
run this program and what I certainly earn in revenue. And my
recommendation is going to be to terminate the program, but that's up
to you-all.
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September 15, 2009
COMMISSIONER COLETTA: Okay. Thank you.
And another item I have on here is that -- the November meeting
schedule. In the past couple of years at least, if not longer, we've been
scheduling it so that we were this side of Thanksgiving as far as how it
was. And Thanksgiving week was left open for anyone that wanted to
travel.
Now, there's a conflict in the fact that on the 3rd there is a review
of the AUIR; however, that said, all we'd have to do is switch the
meeting from the 3rd to the 3rd ( sic), hold our regular commission
meeting, and we're -- and take the AUIR and hold that on the day that
we'd normally hold our commission meeting, which would be the
10th. Like Commissioner Coy Ie said, we're always -- we have, you
know, three meetings a week as a rule.
Ifwe do it that way, we'd be able to work it towards the fact that
when we get to Thanksgiving week, which is on a Thursday -- we
won't have a Thursday meeting, which could raise some problems.
CHAIRMAN FIALA: Sounds workable to me. How about the
rest of the commissioners?
COMMISSIONER COYLE: Well, you know, I'd like to take a
look at our entire schedule. Why don't we go back to our aides and
sort it all out?
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: But I don't have a problem -- we
shouldn't have a meeting on Thanksgiving week. I mean, we just
shouldn't have that. It shouldn't be even scheduled in the first place.
If you want to have a meeting on a Monday and Tuesday of some
other week so that you get to things done, if you've got AUIR, and
then just have a board meeting the day before, you know.
COMMISSIONER COLETTA: That's not even a problem. We
already have those two -- those days scheduled, the 3rd, and then the
day of the meeting, which would be the 10th. They're both scheduled
for the commission to be here. Just switch them around, and you're on
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September 15, 2009
the road to be able to have the other commission meeting on the --
which would that date be?
CHAIRMAN FIALA: 20th?
COMMISSIONER COLETTA: You got a calendar in front of
you?
MR.OCHS: Yes, sir.
CHAIRMAN FIALA: We do right down here.
COMMISSIONER COLETTA: You're right. I've got my
glasses on, so I should be able to read it.
Okay. Right now we're looking at the 10th and 24th, with
Thanksgiving on the 26th.
MR. OCHS : Well, first I want to point out, you have a meeting
on the 27th of October. So if you meet the following Tuesday, that's
back-to-back Tuesdays. It's going to be a little difficult getting those
agendas in and out for you with no week in between, but we'll do our
best if that's what you want to do.
COMMISSIONER COLETTA: Well, I think it would benefit
everyone if we could, and we're not talking about not doing a meeting.
We're just talking about rearranging the schedule.
MR. OCHS: Well, you're going consecutive Tuesdays is what
I'm saying, and usually the staff --
COMMISSIONER COLETTA: No, I was thinking of the -- and
of course I'm open to any kind of suggestions going, but I was
thinking of the 3rd and the 17th.
MR.OCHS: Yes, sir. But I'm saying if you meet on the 3rd of
November, you're also meeting on the 27th of October.
COMMISSIONER COLETTA: Okay. Well, I'd have no
problem meeting on the 10th and the 17th, you know, two meetings
one week apart. I'm agreeable to just about anything. I just wanted to
leave the option open for Thanksgiving week for those few people that
may wish to travel.
COMMISSIONER COYLE: I'd be perfectly happy to do it on
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September 15,2009
the 3 rd and 10th.
COMMISSIONER HALAS: Have the meeting on the 10th and
then --
MR.OCHS: What about the 10th and the 1st?
COMMISSIONER COYLE: 10th and the 1st? 1st is Sunday.
MR. OCHS: No.
COMMISSIONER COYLE: You want to meet Sunday, I'll meet
Sunday.
MR.OCHS: December 1st.
COMMISSIONER COYLE: I don't care about that one either.
That would work. Or do it on the --
MR. OCHS: Because you only have one meeting scheduled in
December right now.
COMMISSIONER COYLE: Okay.
MR.OCHS: You're scheduled to meet--
COMMISSIONER COYLE: So you're saying the 10th and the
1st?
MR. OCHS: Yes, sir.
COMMISSIONER COYLE: I wouldn't have a problem with
that.
COMMISSIONER COLETTA: The 10th and what date?
CHAIRMAN FIALA: 1st of December.
COMMISSIONER COLETTA: Oh, 1st of December. Yeah, I'm
fine with that, too.
MR. OCHS: And then, again, that only -- the only issue there, it
moves us into back-to back meetings, unless you want to push the
December meeting.
COMMISSIONER COYLE: What's the December meeting look
like?
MR.OCHS: You only have one meeting now. You're scheduled
to meet on the 8th of December, but you could push that to the 15th
and still just have the one meeting.
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September 15, 2009
COMMISSIONER COLETTA: Why not have a meeting on the
1st and the 15th and get some stuff caught up?
CHAIRMAN FIALA: Yeah, that's just what he was saying.
MR.OCHS: That's what we just talked about.
COMMISSIONER COLETTA: Oh, yes, that's great. Let's do it.
MR.OCHS: Instead of meeting on the 24th of November, you'd
have two meetings in December now instead of -- and one meeting in
November, where currently you're set up for two November meetings
and one December meeting. So we'd just flip that.
COMMISSIONER COLETTA: Okay.
COMMISSIONER COYLE: Okay. Now, my only problem
with all this is, rather than just arbitrarily creating more meetings, let's
make sure we clean out a lot of backlog items with these meetings.
Let's just not schedule more meetings and do the same amount of
work we had planned before.
CHAIRMAN FIALA: So what we're doing here is actually one
meeting in November now --
MR.OCHS: Yeah. You're not adding any meetings.
CHAIRMAN FIALA: -- and two meetings in December.
Instead of one meeting in December, which would give more time off
in December and two meetings in November, right?
COMMISSIONER COLETTA: Yeah.
COMMISSIONER COYLE: And what does the January
meeting look like? When is the first January meeting?
COMMISSIONER HALAS: New Year's Eve.
COMMISSIONER COLETTA: Yeah, that's great.
COMMISSIONER COYLE: Wouldn't doubt it.
MS. FILSON: January is the 12th and the 26th.
COMMISSIONER COYLE: Well, I think that schedule works
great.
MR. OCHS: Two meetings in December, one in November.
COMMISSIONER COYLE: Yeah.
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September 15, 2009
MR. OCHS: That's fine.
COMMISSIONER COLETTA: Great.
COMMISSIONER HENNING: I'm flexible.
MR. OCHS: So we'll meet on the -- tentatively on the 1 st and the
15th of December, and then one meeting in November on the 10th as
scheduled currently, and we just won't meet on the 24th. Although the
24th is the legislative delegation meeting, believe.
COMMISSIONER COYLE: Now, we don't want to miss that.
MR. OCHS: Someone has to go present your priorities, sir.
COMMISSIONER COLETTA: Okay. Last -- not the last, but
close to it. How does everyone feel about the post office's plan to
close three of our local substations here?
COMMISSIONER COYLE: I think closing them in Immokalee
is a good idea.
COMMISSIONER COLETTA: No. Immokalee's staying open.
It's Golden Gate and your one in Naples. What I'd like to do is us
direct the chair --
CHAIRMAN FIALA: The one in downtown Naples, the good
one.
COMMISSIONER COLETTA: Direct the chair to write a letter
-- I think the City of Naples has already done something similar to this
-- expressing the concern of the Collier County Commission of the
removal of this service.
COMMISSIONER COYLE: Yep.
CHAIRMAN FIALA: Everybody agree?
COMMISSIONER COYLE: Oh, yeah.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: Just on that subject. You know,
they have done this year and year over again, and it's -- the post
master is putting pressure -- or getting the residents to put pressure on
Congress to give them more money. That's historically what they do.
Well, we'll just have to give less instead of doing, you know,
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September 15, 2009
furloughs or taking less money and stuff like that.
CHAIRMAN FIALA: Well--
COMMISSIONER HENNING: Typical government.
CHAIRMAN FIALA: -- I'm ready to write a letter as long as
everybody else agrees. I've got three nods anyway.
COMMISSIONER COLETTA: Yeah, okay. Then--
CHAIRMAN FIALA: Leo, would you put a letter together for
me?
MR.OCHS: Yes, ma'am.
CHAIRMAN FIALA: Thank you.
COMMISSIONER COLETTA: And then there's an event
coming up in Immokalee that none of you want to miss. This is the
event of the year. It's called the Celebration of Cultures in
Immokalee, and this commission has generously come up with some
TDC funds for the advertising to bring people from out of town to fill
the beds and the restaurants, and it's going to take place in Immokalee.
It's going to be a rich and festive three-day community festival to
celebrate the patchwork quilt Florida has become in which Florida and
Immokalee will prosper well into the 21 st century. And you think I'm
reading that, I'm not. It's from memory.
COMMISSIONER COYLE: Sure.
COMMISSIONER COLETTA: With the exception of the Friday
parade down Main Street, most of the events will take place at the
Collier County Airport Park. The celebration begins at six p.m. on
Friday the 18th with a parade down Immokalee's Main Street, and on
Friday, led by the consulate general of Mexico serving as the grand
marshal.
The parade will feature dancers and performers, including at least
two horseback contingents from Mexico and the Seminole tribe of
Florida.
Commissioner Coletta, District 5, will be leading the Italian
contingent.
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September 15, 2009
I made the last part up, by the way.
COMMISSIONER COYLE: Did you? Okay. Well, I just
wanted to point out that there is an Irish contingent this year,
thankfully, because I suggested that we have an Irish contingent, so
they're going to have Irish dancers there.
COMMISSIONER HALAS: You dancing?
COMMISSIONER COYLE: No, I'm not dancing, but I'll be
there to watch the Irish dancers.
CHAIRMAN FIALA: I love Irish step dance.
COMMISSIONER COYLE: Yes. They will be there.
CHAIRMAN FIALA: In Immokalee?
COMMISSIONER COYLE: Yeah, in Immokalee.
COMMISSIONER COLETTA: I want everybody to know that
it's open to more than just the Collier County Commissioners. The
general public can also go, and they don't need a special invitation.
CHAIRMAN FIALA: And that's this coming weekend?
COMMISSIONER COLETTA: Well, provided this coming
weekend is the 18th, 19th, and 20th, which it is.
COMMISSIONER HENNING: Yeah.
COMMISSIONER COLETTA: So Friday, Saturday, and
Sunday, and hope to see everybody out there.
CHAIRMAN FIALA: And will they be able to find it right on
Main Street?
COMMISSIONER COLETTA: They can't miss it. They'll drive
into town, and there it will be, food vendors, dancing, people laughing
and having a great time, speaking in ten different languages. You'll
love it. Got to go.
CHAIRMAN FIALA: Thank you, Commissioner Coletta.
Commissioner Coyle?
COMMISSIONER COYLE: I don't have anything at all.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yes, I have one item.
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September 15, 2009
Coming up on one of our future agendas is the bath facilities that
are going to be built at the foot of Bluebill Avenue to accommodate
people who go to the beach. That item really doesn't need to go
before the Planning Commission, but I'd feel a lot better if it would go
to the Planning Commission to be vetted.
So if I could get support from my commissioners, I would like to
see that go before the planning board prior to coming to the
commissioners, if I could get support on that.
CHAIRMAN FIALA: Yeah.
MR. OCHS: We're currently scheduled to come in front of the
board in October with a variance request for that rest room, as this
commission had previously directed. So if your direction is changing,
let us know what you want us to do.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Is it going to be an additional
cost for the application of it?
MR.OCHS: I don't think so, sir. This was -- we had proposed a
two-story washroom down there, bathroom facility, and the board
thought that didn't warrant the added expense, and you told us to just
package it up as a variance and bring it back, and that's what we're in
the process of doing. We were scheduled, I think, in October to come
back.
So if you want us to stop instead first with the Planning
Commission, we'll --
COMMISSIONER HALAS: I talked to the County Attorney on
it, and he thought also that would be a way of making sure that we
addressed all the concerns.
CHAIRMAN FIALA: Do I have three nods?
COMMISSIONER COYLE: It's okay with me.
COMMISSIONER HENNING: Yeah.
CHAIRMAN FIALA: Okay. More than three nods. Okay.
Thank you.
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September 15, 2009
MR.OCHS: Yes, ma'am.
CHAIRMAN FIALA: And that's your only one?
COMMISSIONER HALAS: Yes.
CHAIRMAN FIALA: And I have one. I had three, but two of
them are already off the table, so I only have one.
And this is about the Marco Island Historical Society. As you-all
know, they're really working at getting their museum finished, and it's
looking better every day. Let's see.
Oh, I wrote some stuff out, should be finished by the -- by
February. The agreement provides -- there's an agreement regarding
the appointed members to the joint board. They're going to have a
joint board on the Marco Island Historical Society.
And the agreement provides that there will be a j oint board of
four members, two from the county and two from MIHS. We recently
received a letter from the historical society that they had appointed
their two members to this joint board, and they're namely Bill
Perdichizzi and Craig Woodward, an attorney from Marco.
The agreement provides that this board is to plan, develop,
implement, and maintain the policies, goals, and obj ectives of the
museum.
The county needs to appoint two members. I understand that
Craig Woodward, who is the attorney, had discussions with staff and
with our County Attorney's Office -- could you wait just a minute,
John? Yeah, I'm trying to read this.
MR. NORMAN: Did I confuse you?
CHAIRMAN FIALA: Yes.
MR. NORMAN: Sorry about that.
CHAIRMAN FIALA: It's easy to do. Let's see. I understand
Craig Woodward had discussions with our staff and County Attorney's
Office, and he was informed that in order for us to do what we need to
do to adopt an ordinance setting forth -- that in order for us to do that,
we needed an -- I'm sorry. I'm just so messed up. I just got waylaid.
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September 15, 2009
COMMISSIONER HALAS: Rum and coke would help that out.
CHAIRMAN FIALA: Yeah, it sure would. I think I better do
that. I paid attention to that.
Let's see. I understand that Craig Woodward had discussions
with the staff and our County Attorney's Office, and he was informed
that in order for us to do -- to put this ordinance together, we needed __
or we need to adopt an ordinance setting forth how the appointments
will be made of the two and two and voted upon, the authority and
power vested in our appointees to manage the museum, and work with
our county museum staff regarding budget issues, staffing issues, et
cetera, and other standard provisions, such as term limits and the
vacancies on the board and so forth.
When approached by Mr. Woodward, Colleen Green in our
County Attorney's Office said they needed to express direction from
our commission to start work on this ordinance. Mr. Woodward also
volunteered to provide input.
As our museum system has grown, there may be other regional
museums, such as Everglades City, Roberts Ranch, and so forth, that
can benefit from a similar oversight board, and I would suggest that
the ordinance be written broad enough to be used in the future for
museums other than just Marco Island, in addition to Marco.
With the budget crunches we're seeing in the museum system,
this provides an avenue for us to work with -- jointly with the citizens
in our community and save staffing dollars by using more volunteer
help.
And so I'd like to make a motion to direct the County Attorney's
Office to start drafting this ordinance and work with Craig Woodward
on it, if you would.
MR. KLATZKOW: Okay. With direction from the board, I'd be
happy to.
CHAIRMAN FIALA: Okay. Could I have a second to the
motion?
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September 15, 2009
COMMISSIONER HALAS: I'll second.
CHAIRMAN FIALA: All right. I've got to a second to the
motion.
Any discussion on that?
Yes.
COMMISSIONER HENNING: Well, what you said was, it's
going to -- this advisory board, or oversight board, is going to provide
more people to volunteer.
CHAIRMAN FIALA: Yeah.
COMMISSIONER HENNING: It's not going to be more burden
on the tax dollars?
CHAIRMAN FIALA: Right, right. Actually, my thought -- but
I have to tell you now this is my separate thought. I haven't talked to
anybody, and so I'm not speaking for anybody because, you know, I
haven't talked to anybody about this. But my thought is that the
person that we hire, say, for instance, for the Immokalee --
COMMISSIONER HENNING: Hang on. I'm being distracted
by an arm up in the air.
COMMISSIONER COYLE: No. He was doing this behind
Donna's head. That's what he was doing.
COMMISSIONER HENNING: Oh, I see.
CHAIRMAN FIALA: For the Marco Museum, I was thinking, if
that person was hired -- because it's only going to be a 32-hour
position, maybe if that person was a volunteer coordinator, then the
library could stay open extended hours and weekends and so forth,
and that person would just be in charge of getting the volunteers and
making sure that the library is locked up when it needs to be and so
forth.
But you know, that's something that has to be worked out in this
agreement. I'm just throwing that on the table because right now we
don't have enough money to be operating the museums, as much as we
want to keep them all open -- same with Robert's Ranch and
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September 15, 2009
Everglades City. As much as we'd love to keep them all open, we just
don't have staffing, and we can't forward to do that.
But if our staff person operated as a volunteer coordinator -- but
I'm throwing that on the table, not from Marco Island people, by the
way, just from Donna Fiala.
Yes, sir.
COMMISSIONER HALAS: I've got one question to ask the
County Manager. We have a museum advisory group. Wouldn't they
be able to handle this?
MR.OCHS: Sir, we have a Friends of the Museum group, but
we don't --
COMMISSIONER HALAS: Museum.
MR. OCHS: -- have an official advisory board for your museum.
COMMISSIONER HALAS: But would the Friends of the
Museum be able to handle this?
MR.OCHS: No. I think they're more ofa fund-raising group,
but Marla might be able to add some information here.
MS. RAMSEY: I'm going to go back to the letter just for a
second, because you talk about a governance board in the letter. And
there is a reference in the agreement that talks about a j oint board.
CHAIRMAN FIALA: Right.
MS. RAMSEY: It doesn't talk about a governance board. So
staff was assuming that it was going to be an advisory board to the
Board of County Commissioners.
But I believe that what the -- Marco Island is looking for is
something that will give them authority over budget and various other
activities at the museum, and thus the change that the attorney's office
was recommending. If it was going to be something other than an
advisory board, there would have to be an adjustment to the ordinance
to allow it if -- but I can let Jeff talk about that part.
MR. KLATZKOW: We'll come back. I mean, we'll speak with
the -- Marla and we'll speak with Marco Island folks, and we'll come
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September 15,2009
back with something that's workable.
CHAIRMAN FIALA: Okay, that's great. That's all I ask. I don't
know now what it is. I just wanted to put it on the table so we get
some type of an ordinance --
MR. KLATZKOW: I don't know that you need an ordinance,
but we'll put together a mechanism, a proposal for the board.
CHAIRMAN FIALA: Just so everybody knows what their
functions are and we can better our museum system. That's what's
most important.
COMMISSIONER HALAS: And may I suggest that maybe we
ought to get a hold of Friends of the Museum, too, and make sure
they're included in this, okay?
COMMISSIONER COLETTA: Good idea.
CHAIRMAN FIALA: In the creating of the ordinance?
COMMISSIONER HALAS: Well, yeah, to make sure that
everybody's on board and there's an understanding of what we're
trying to accomplish here so somebody doesn't feel that they're being
stepped on or whatever.
I just want to make sure that there is a good line of
communication between the Friends of the Museum and what we're
trying to establish here so that we don't have any conflicts.
CHAIRMAN FIALA: Okay.
MS. RAMSEY: If I can comment on that just for one second is
that we actually have three Friends of the Museum groups, if you
include Marco Island, who have done the fundraising there. We do
have one in Naples. We also have one in Everglades City. So there
are actually three Friends of the Museum groups that we currently
work with.
COMMISSIONER HALAS: Well, I think that everybody has to
-- has to be informed of what we're trying to accomplish and make
sure that everybody is on board so they don't feel that they're being
stepped on or over -- you know, there's an -- an oversight someplace,
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September 15,2009
okay? So I just want to make sure everybody's on board.
CHAIRMAN FIALA: That's fine with me. And you'll work
with Craig on that?
MR. KLATZKOW: We'll work with everybody on this, ma'am.
COMMISSIONER HALAS: Good.
CHAIRMAN FIALA: Very good. That's just super, because
these wonderful museums are important to our community. It really
speaks of the fabric of our community, doesn't it?
COMMISSIONER COLETTA: Wonderful idea.
CHAIRMAN FIALA: Thank you so much.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Okay. That's a 5-0.
COMMISSIONER COYLE: Motion to adjourn.
COMMISSIONER HALAS: Second.
COMMISSIONER HENNING: Second.
CHAIRMAN FIALA: I have a motion to adjourn by
Commissioner --
COMMISSIONER COLETTA: Only if you're done.
CHAIRMAN FIALA: I am finished, thank you -- Coyle, and a
second by Commissioner Halas.
Did you start to stay something, Commissioner Henning?
COMMISSIONER HENNING: Second.
CHAIRMAN FIALA: Oh, and a third by Commissioner
Henning.
All those in favor, signify by saying aye.
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September 15, 2009
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Meeting is adjourned.
* * * *Commissioner Halas moved, seconded by Commissioner
Coletta and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
RECORDING THE FINAL PLAT OF CASTHEL Y PLACE
Item #16A2
RECORDING THE FINAL PLAT OF TRACT 102, GOLDEN
GATE ESTATES UNIT NO.9 REPLAT
Item #16A3
RESOLUTION 2009-200: FINAL APPROVAL OF THE
ROADWAY (PUBLIC) AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF GRAND LEL Y DRIVE PHASE TWO
WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS
WITHIN THE RIGHT OF WAY BEING MAINTAINED BY
COLLIER COUNTY - W/RELEASE OF THE MAINTENANCE
SECURITY
Item #16A4
Page 218
September 15,2009
RESOLUTION 2009-201: FINAL APPROVAL OF THE
ROADWAY (PUBLIC) AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF GRAND LEL Y DRIVE AND LEL Y
CUL TURAL P ARKW A Y WITH THE ROADW A Y AND
DRAINAGE IMPROVEMENTS WITHIN THE RIGHT OF WAY
BEING MAINTAINED BY COLLIER COUNTY - W/RELEASE
OF THE MAINTENANCE SECURITY
Item #16A5 - Moved to Item #10B (Per Agenda Change Sheet)
Item #16A6
RECORDING THE FINAL PLAT OF MCENDREES PLACE
Item #16A7
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR KD2 CAR WASH - W/RELEASE OF ANY UTILITIES
PERFORMANCE SECURITY (UPS)
Item #16A8
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR MISSION HILLS SHOPPING CENTER - W/RELEASE OF
ANY UTILITIES PERFORMANCE SECURITY
Item #16A9
RELEASE AND SATISFACTIONS OF LIEN FOR PAYMENTS
RECEIVED FOR CODE ENFORCEMENT ACTIONS - WITH
COSTS OF $200.00 FOR RECORDING IN OFFICIAL RECORDS
Page 219
September 15, 2009
Item #16A10
RESOLUTION 2009-202: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF W A TERP ARK PLACE AT PELICAN
BAY WITH THE ROADW A Y AND DRAINAGE
IMPROVEMENTS BEING PRIV A TEL Y MAINTAINED -
W/RELEASE OF THE MAINTENANCE SECURITY
Item #16A11
CLARIFICATION TO THE COMMUNITY DEVELOPMENT
AND ENVIRONMENTAL SERVICES (CDES) FEE SCHEDULE
CONCERNING FEE ASSESSMENTS FOR LIEN SEARCH
REQUESTS AND PAYOFF REQUESTS - CHARGE WILL BE
PER PROPERTY ADDRESS REQUEST
Item #16A12
CDES ADMINISTRATOR TO REFUND THE CONSTRUCTION
INSPECTION FEE PORTION IN THE AMOUNT OF $10,867.39,
OF THE REVIEW AND INSPECTION FEES THAT WERE PAID
FOR THE PROJECT KNOWN AS AR-7953, PINE RIDGE
CORNERS - DUE TO ECONOMIC DOWNTURN THIS PROJECT
WILL NOT PROCEDE WITH THE CONSTRUCTION PHASE
Item #16B1
REJECT ALL BIDS RECEIVED UNDER BID #09-5231
SURFACING & MAINTENANCE OF LIME ROCK ROADS -
STAFF TO PUBLICLY RE-POST BIDS
Page 220
September 15,2009
Item #16B2
FY2006 5309 FEDERAL TRANSIT ADMINISTRATION (FTA)
GRANT AWARD IN THE AMOUNT OF $226,710 FOR THE
PURCHASE AND INSTALLATION OF A FUEL TANK AT THE
EXISTING COLLIER AREA TRANSIT (CAT) FACILITY AND A
BUDGET AMENDMENT RECOGNIZING USE OF THE FUNDS
Item # 16B3
FY2008 5309 FEDERAL TRANSIT ADMINISTRATION (FTA)
GRANT AWARD IN THE AMOUNT OF $259,000 FOR THE
PURCHASE AND INSTALLATION OF GENERATORS AT THE
EXISTING AND FUTURE CAT TRANSFER FACILITIES AND A
BUDGET AMENDMENT RECOGNIZING USE OF THE FUNDS
Item #16B4
RESOLUTION 2009-203: AUTHORIZING ACQUISITION BY
GIFT OR PURCHASE OF LAND AND EASEMENTS
NECESSARY FOR THE CONSTRUCTION OF ROADWAY,
DRAINAGE AND UTILITY IMPROVEMENTS REQUIRED
FOR THE EXTENSION OF V ALEWOOD DRIVE FROM
IMMOKALEE ROAD TO AUTUMN OAKS LANE
(NORTHBROOKE DRIVE/V ALEWOOD DRIVE EXTENSION
PHASE 1 PROJECT (PROJECT NO. 60106)
Item #16B5
EASEMENT AGREEMENT FOR THE ACQUISITION OF A
PERPETUAL ROAD RIGHT-OF-WAY DRAINAGE AND
UTILITY EASEMENT REQUIRED FOR PHASE II OF SANTA
Page 221
September 15, 2009
BARBARA BOULEVARD PROJECT (PROJECT NO. 62081)
Item #16B6
AGREEMENT TO PURCHASE A SIXTY FOOT (60) ROAD
RIGHT-OF-WAY DRAINAGE AND UTILITY EASEMENT
(RDUE) TO THE COUNTY REQUIRED FOR THE COLLIER
BOULEVARD PROJECT (PROJECT NO. 68056)
Item #16B7
QUITCLAIM TO DANIEL J. GRIFFIN FOR A 30 FOOT STRIP OF
PROPERTY ORIGINALLY QUITCLAIMED TO COLLIER
COUNTY FOR ROAD RIGHT-OF-WAY BY GRIFFIN'S
PREDECESSOR IN TITLE (FISCAL IMPACT: $0)
Item #16B8
AN AGREEMENT TO PURCHASE A SIXTY FOOT (60) ROAD
RIGHT -OF - WAY DRAINAGE AND UTILITY EASEMENT
(RDUE) TO THE COUNTY REQUIRED FOR THE COLLIER
BOULEVARD PROJECT (PROJECT NO. 68056)
Item #16B9
AGREEMENT FOR THE ACQUISITION OF APPROXIMA TEL Y
3.19 ACRES OF PROPERTY, AND TO ACCEPT A QUITCLAIM
DEED FOR ANY INTEREST HELD IN A CONTIGUOUS
PARCEL OF LAND CONTAINING APPROXIMATELY 3.49
ACRES FROM THE MOON LAKE HOMEOWNER'S
ASSOCIATION, INC., TO PROVIDE FOR CONSTRUCTION OF
THE GREENWAY PROJECT (PROJECT NO. 60087.1)
Page 222
September 15, 2009
Item #16B10
DRAINAGE EASEMENT AGREEMENT FOR ACQUISITION OF
A PERPETUAL DRAINAGE EASEMENT REQUIRED FOR
COLLIER BOULEVARD PROJECT (PROJECT NO. 60001)
Item #16B11
BUDGET AMENDMENT IN THE AMOUNT OF $20,729.39 FOR
TRAFFIC ACCIDENT REIMBURSEMENT AND RECOGNIZE
REVENUE FOR FUTURE REPAIRS (PROJECT NO. 60076.1)
Item #16B12
NEW AGREEMENT BETWEEN MCDONALD TRANSIT
ASSOCIATES, INC. AND COLLIER COUNTY, WHICH
SPECIFIES CERTAIN PERFORMANCE AND REPORTING
TERMS AND CONDITIONS FOR CONSOLIDATED
MANAGEMENT FOR THE COLLIER AREA TRANSIT FIXED
ROUTE AND PARATRANSIT SYSTEMS
Item #16B13
BUDGET AMENDMENT RECOGNIZING AN ADDITIONAL
$694,284.00 IN STATE PUBLIC TRANSIT BLOCK GRANT
FUNDING FOR FISCAL YEAR 2009/2010
Item #16B14
BUDGET AMENDMENT TO TRANSFER FUNDS FROM
PROJECT NO. 60064 TCMA TO PROJECT NO. 60083 IN THE
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September 15,2009
AMOUNT OF $23,900.00 FOR THE CONSTRUCTION OF A
COLLIER AREA TRANSIT BUS SHELTER
Item #16B15
ACCEPT A DRAINAGE, ACCESS AND MAINTENANCE
EASEMENT FROM THE DISTRICT SCHOOL BOARD OF
COLLIER COUNTY AND PAY FIFTY PERCENT (50%) OF A
COST TO RELOCATE A SECTION OF CHAINLINK FENCE IN
THE AMOUNT OF $6.000.00
Item # 16B 16 - Moved to Item # 1 OC (Per Agenda Change Sheet)
Item #16B17
BUDGET AMENDMENT TO RECOGNIZE REVENUE FOR
PROJECTS WITHIN THE TRANSPORTATION SUPPORTED
GAS TAX FUND (313) IN THE AMOUNT OF $14.481.74
Item #16B18
AWARD BID #09-5244 RADIO ROAD LANDSCAPE &
IRRIGATION PROJECT, PHASES lIB & IA TO HANNULA
LANDSCAPE & IRRIGATION, INC. IN THE AMOUNT OF
$172.810.70
Item #16B19
WAIVE FORMAL COMPETITIVE REQUIREMENT OF THE
COUNTY'S PURCHASING POLICY AND AUTHORIZE THE
PURCHASE OF A 750 KW GENERATOR IN THE AMOUNT OF
$75,000 FROM METRO POWER SYSTEMS, INC. FOR THE
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September 15, 2009
COLLIER AREA TRANSIT (CAT) HEADQUARTERS BUILDING
LOCATED AT 8300 RADIO ROAD
Item # 16B20
COORDINATION AGREEMENT BETWEEN COLLIER
COUNTY, AS THE COMMUNITY TRANSPORTATION
COORDINATOR (CTC), AND EDEN INSTITUTE, INC. FOR THE
PROVISION OF COMMUNITY TRANSPORTATION SERVICES
TO TRANSPORTATION DISADVANTAGED CLIENTS
Item #16B21
RESOLUTION 2009-204: AUTHORIZING IMPLEMENTATION
OF A SCHOOL ZONE SPEED LIMIT REDUCTION TO 20 MPH
DURING SCHOOL ARRIVAL AND DISMISSAL HOURS
INDICATED BY FLASHING BEACONS ON WESTBOUND
LEL Y CULTURAL DRIVE AT A COST OF APPROXIMATELY
$13.000
Item #16B22
WORK ORDER, UNDER CONTRACT #09-5197, TO PAVE
SHELL ISLAND ROAD, TO BETTER ROADS, INC. FOR
$264,656.30 PLUS A TEN PERCENT CONTINGENCY
($26,465.63) FOR A TOTAL AMOUNT OF $291,121.93. THE
FUNDING WILL BE ONE HUNDRED PERCENT (100%)
REIMBURSED BY THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP)
Item # 16B23
Page 225
September 15,2009
SUBMITTAL OF GRANT APPLICATIONS FOR THE
TRANSPORTATION INVESTMENT GENERATING ECONOMIC
RECOVERY (TIGER) PROGRAM FROM U.S. DEPARTMENT
OF TRANSPORTATION (DOT) FOR PROJECTS FUNDED BY
THE AMERICAN RECOVERY AND REINVESTMENT ACT
(ARRA) OF 2009 AND RECOGNIZE RESPONSIBILITY FOR
ADDITIONAL TRANSPARENCY, ACCOUNTABILITY AND
REPORTING COMPLIANCE REQUIREMENTS OF FUNDS
Item #16C1
AWARD BID #09-5291 TITLED SOUTH COUNTY WATER
RECLAMATION FACILITY UPGRADES TO THE DEEP
INJECTION WELL SURGE AND PRESSURE RELIEF SYSTEM
IN THE AMOUNT OF $172,529.35 TO BJ ENTERPRISES, INC.,
PROJECT #73974.2
Item #16C2
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION INNOVATIVE RECYCLING AND WASTE
REDUCTION GRANT APPLICATION IN THE AMOUNT OF
$271,900 TO FUND IMPLEMENTING A MULTI-FAMILY
COMMUNITY RECYCLING ORDINANCE PROGRAM
Item #16C3
ALTERNATIVE IMPACT FEE CALCULATION SUBMITTED BY
THE SEMBLER COMPANY AND AUTHORIZE A REFUND OF
WATER AND SEWER IMPACT FEES IN THE AMOUNT OF
$47,702.73 TO THE PROPERTY OWNER AND APPROVE ANY
NECESSARY BUDGET AMENDMENTS THAT MAY BE
Page 226
September 15,2009
REQUIRED ASSOCIATED WITH THE REIMBURSEMENT
Item #16C4
IMPACT FEE REIMBURSEMENT FOR CENTEX TOTALING
$56,560 FOR AN ADJUSTMENT OF WATER AND SEWER
IMPACT FEES AND APPROVE ANY NECESSARY BUDGET
AMENDMENTS THAT MAY BE REQUIRED ASSOCIATED
WITH THE REIMBURSEMENT
Item #16C5
BUDGET AMENDMENTS OF APPROXIMATELY $2,500,000
TO TRANSFER PROJECTS FROM VARIOUS WATER AND
WASTEWATER CAPITAL PROJECTS FUNDS TO A 2006
REVENUE BOND PROCEEDS FUND TO SEGREGATE THE
PROJECTS FUNDED BY THE 2006 BOND
Item #16D1
RESOLUTION 2009-205: COLLIER COUNTY'S COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG), HOME
INVESTMENT PARTNERSHIP (HOME) AND EMERGENCY
SHELTER GRANT (ESG) CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT (CAPER) FOR
FY 2008-2009 REQUIRED BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD), APPROVE
THE CAPER RESOLUTION AND AUTHORIZE CHAIRMAN TO
CERTIFY THE CAPER FOR SUBMISSION TO HUD
Item #16D2
Page 227
September 15, 2009
RESOLUTION 2009-206: AMENDING THE STATE HOUSING
INITIATIVE PARTNERSHIP PROGRAM LOCAL HOUSING
ASSISTANCE PLAN FOR FISCAL YEARS 2007-2008, 2008-2009
AND 2009-2010 TO IMPLEMENT THE FLORIDA HOMEBUYER
OPPORTUNITY PROGRAM
Item #16D3
AWARD CONTRACTS FOR RFP #09-5248, GENERAL
CONTRACTORS FOR REHABILITATION OF RESIDENTIAL
STRUCTURES FOR THE NEIGHBORHOOD STABILIZATION
PROGRAM, TO VARIOUS FIRMS FOR ACTIVITIES FUNDED
THROUGH THE U.S. DEPARTMENT OF HOUSING &URBAN
DEVELOPMENT NEIGHBORHOOD STABILIZATION
PROGRAM
Item #16D4
AWARD CONTRACT FOR RFP #09-5266, LAWN CARE
MAINTENANCE FOR THE NEIGHBORHOOD STABILIZATION
PROGRAM, TO VARIOUS FIRMS FOR ACTIVITIES FUNDED
THROUGH THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT NEIGHBORHOOD STABILIZATION
PROGRAM TO: HANNULA LANDSCAPING, ECOSYSTEM
TECHNOLOGIES, SUPERIOR LANDSCAPING, CARIBBEAN
LANDSCAPING AND SWEEPER MAN OF SW FLORIDA
Item #16D5
BUDGET AMENDMENT IN THE AMOUNT OF $285,797 TO
FUND PAYMENT TO THE CITY OF NAPLES UNDER THE
INTERLOCAL AGREEMENT FOR RECIPROCAL BEACH
Page 228
September 15, 2009
PARKING FOR FY08 AND FY09
Item #16D6
AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF
COLLIER COUNTY FOR TRANSPORTING SCHOOL-AGE
RECREATION PROGRAM PARTICIPANTS
Item #16D7
ACCEPT THE LIBRARY'S LONG RANGE & TECHNOLOGY
PLANS AND CURRENT YEAR ACTION PLAN AND
AUTHORIZE CHAIRMAN TO SIGN THE FY 2009-2010 STATE
AID TO LIBRARIES GRANT APPLICATION PERMITTING THE
LIBRARY TO APPLY FOR STATE AID TO LIBRARIES
Item #16D8
USING THE NAME "MARGOOD HARBOR PARK" FOR THE
PROPOSED PARK IN GOODLAND
Item # 16D9 - Moved to Item # 1 OC (Per Agenda Change Sheet)
Item #16D10
AWARD BID #09-5282 WITH ESTIMATED EXPENDITURE OF
$75,017 TO FENCE DESIGN BY ARC TECH CONSTRUCTION
FOR FENCE REPAIRS AT SEVEN PARK SITES
Item #16D11
AGREEMENT PROVIDING FOR A $50,000 STATE HOUSING
Page 229
September 15, 2009
INITIATIVE PARTNERSHIP (SHIP) GRANT TO IMMOKALEE
HELPING OUR PEOPLE IN EMERGENCIES, INC. (IHOPE) FOR
ACQUISITION AND/OR REHABILITATION AND RELOCATE
A MANUFACTURED DWELLING UNIT LOCATED IN SUGDEN
P ARK TO BENEFIT A HOUSEHOLD EARNING LESS THAN
80% OF THE AREA MEDIAN INCOME
Item #16D12
AMENDMENT BETWEEN COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS & THE AREA AGENCY ON
AGING FOR SW FLORIDA, INC. REFLECTING ADDITIONAL
GRANT FUNDING IN THE AMOUNT OF $699.34 FOR THE
NUTRITIONAL SERVICES INCENTIVE PROGRAM (NSIP)
Item #16D13
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) COMMUNITY DEVELOPMENT BLOCK GRANT-
RECOVERY (CDBG-R) AGREEMENT FOR $631,283.00 AND
APPROVE ASSOCIATED BUDGET AMENDMENTS
RECOGNIZING FUNDING ASSOCIATED WITH THIS AWARD
Item #16D14
CARRY-FORWARD CO-PAYMENT REVENUES AND EXPAND
AUTHORIZED USE OF FUNDING TO INCLUDE TEMPORARY
RENTAL ASSISTANCE FOR THOSE DISPLACED BY CHINESE
DRYWALL FROM THE COLLECTION OF CO-PAYMENTS
FROM THE SOCIAL SERVICES PROGRAM
Item #16D15
Page 230
September 15, 2009
ACCEPT JO SAYLOR'S SCULPTURE WILLOW WHISTLE THAT
WAS DONATED TO THE MARCO ISLAND BRANCH LIBRARY
BY THE MARCO ISLAND FOUNDATION FOR THE ARTS AND
SIGN THE CONDITION OF TRANSFER DOCUMENT
Item #16D16
AWARD BID #09-5265 TO CHENEY BROTHERS FOOD, INC.
FOR PROVIDING CONCESSION FOOD RESALE AT THE
NORTH COLLIER REGIONAL PARK AT AN ESTIMATED
COST OF $100.000 FOR FY09 AND FY10
Item #16D17
AMENDMENT #1 TO PROJECT #FL14B70-6001 CONTINUUM
OF CARE (COC) SUPPORTIVE HOUSING PROGRAM (SHP)
SUBRECIPIENT AGREEMENT WITH THE SHELTER FOR
ABUSED WOMEN & CHILDREN (SA WCC) FOR SUPPORTIVE
SERVICES AND OPERATING COSTS
Item #16D18
AMENDMENT TO THE ARRA #203.09 AGREEMENT WITH
THE AREA AGENCY ON AGING FOR SW FLORIDA, INC. AND
RECOGNIZE ADDITIONAL FEDERAL FUNDING OF $51,609.96
THESE FUNDS ARE PROVIDED BY THE US DEPARTMENT
OF HEALTH AND HUMAN SERVICES UNDER THE 2009
AMERICAN RECOVERY AND REINVESTMENT ACT AND
WILL BE USED TO INCREASE CONGREGATE & HOME
DELIVERED MEALS FOR SENIORS IN COLLIER COUNTY
Page 231
September 15, 2009
Item #16D19
SEVEN (7) HOMELESSNESS PREVENTION AND RAPID
RE-HOUSING (HPRP) SUBRECIPIENT GRANT AGREEMENTS
PROVIDING FUNDS TO STABILIZE COLLIER COUNTY
CITIZENS WHO ARE AT RISK OF HOMELESSNESS AND
RE-HOUSE THOSE WHO ARE CURRENTLY HOMELESS
Item #16D20
U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT
(HUD) ENTITLEMENT FUNDING AGREEMENTS FOR:
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG),
HOME INVESTMENT PARTNERSHIPS (HOME) AND AN
EMERGENCY SHELTER GRANT (ESG) FUNDS FOR FY09-20 1 0
Item #16D21
RESOLUTION 2009-207: AMENDING THE STATE HOUSING
INITIATIVE PARTNERSHIP (SHIP) PROGRAM 2004-2007
LOCAL HOUSING ASSISTANCE PLAN (LHAP) BY
INCREASING A MAXIMUM AWARD FOR OWNER-OCCUPIED
REHABILITATION AND AUTHORIZE AN AMENDMENT TO
ORDINANCE 94-39, AS AMENDED, RELATING TO THE
RESIDENTIAL REHABILITATION PROGRAM
Item #16D22
CONTRACT FOR RFP #09-5248, GENERAL CONTRACTORS,
REHABILITATION OF RESIDENTIAL STRUCTURES FOR THE
NEIGHBORHOOD STABILIZATION PROGRAM TO INSPIRED
WOODWORKING FOR ACTIVITIES FUNDED THROUGH U.S.
Page 232
September 15, 2009
DEPARTMENT OF HOUSING & URBAN DEVELOPMENT'S
NEIGHBORHOOD STABILIZATION PROGRAM
Item #16E1
REPORT AND RATIFY PROPERTY, CASUALTY, WORKER'S
COMPENSATION AND SUBROGATION CLAIMS SETTLED
AND/OR CLOSED BY THE RISK MANAGEMENT DIRECTOR
PURSUANT TO RESOLUTION 04-15 FOR THE THIRD
QUARTER OF FY09
Item # 16E2
REJECT REQUEST FOR PROPOSAL (RFP) #09-5226,
ARCHITECTURAL/ENGINEERING SERVICES FOR THE
COUNTY GOVERNMENT CENTER IN AN EFFORT TO REBID
AND STREAMLINE ALL ARCHITECTURAL SERVICES INTO
ONE COUNTY-WIDE CONTRACT FOR ALL DEPARTMENTS
Item # 16E3
AWARD BID #09-5216 ANNUAL CONTRACT FOR PAINTERS
AND CONTRACTS TO ROYAL CREST COMPANIES, INC.
D/B/A ROYAL CREST BUILDINGS AND SPECTRUM
CONTRACTING. INC. FOR PAINTING SERVICES
Item #16E4
REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS
AND CHANGES TO WORK ORDERS TO BOARD-APPROVED
CONTRACTS
Page 233
September 15,2009
Item # 16E5
RESOLUTION 2009-208: APPROVING THE 2010 FISCAL YEAR
PAY AND CLASSIFICATION PLAN AND TO CONTINUE
AUTHORIZING THE CREATION OF NEW CLASSIFICATIONS,
MODIFICATION AND/OR DELETION OF CLASSIFICATIONS
AND ASSIGNMENT OF PAY RANGES FROM THE PROPOSED
2010 FISCAL YEAR PAY AND CLASSIFICATION PLAN,
USING THE EXISTING ARCHER POINT-FACTOR JOB
EVALUATION SYSTEM, SUBJECT TO A QUARTERLY
REPORT TO THE BOARD OF COUNTY COMMISSIONERS
Item #16E6
AMENDMENT TO AN AGREEMENT FOR SALE & PURCHASE
FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER
LAND ACQUISITION PROGRAM AT NO ADDITIONAL COST
TO THE COUNTY WITH RICHARD F. BERMAN TO
PURCHASE 1.14 ACRES FOR $18.060
Item #16E7
AMENDMENT TO AGREEMENT FOR SALE AND PURCHASE
FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER
LAND ACQUISITION PROGRAM AT NO ADDITIONAL COST
TO THE COUNTY, RICHARD F. BERMAN, AS TO 50%, AND
FRANK J. CELSNAK & MARLENE J. CELSNAK. TRUSTEES
Item #16E8
LONG TERM AGREEMENT BETWEEN COLLIER COUNTY
AND THE BOARD OF SUPERVISORS OF THE LEL Y
Page 234
September 15,2009
COMMUNITY DEVELOPMENT DISTRICT TO SUPPLY
IRRIGATION QUALITY WATER TO THE COMBINED SITE OF
THE EMERGENCY SERVICES CENTER AND THE SOUTH
REGIONAL LIBRARY AT AN ANNUAL COST TO THE
COUNTY OF APPROXIMATELY $4,235.00; AND TO
AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT
Item #16E9
BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE
BUILDING MAINTENANCE SPECIAL SERVICE AND OTHER
BUILDING MAINTENANCE REVENUES TOTALING
$108,965.01 FOR REIMBURSEMENT OF OPERATING
EXPENSES IN FISCAL YEAR 2009
Item #16F1
BOARD RATIFICATION OF SUMMARY, CONSENT AND
EMERGENCY AGENDA ITEMS APPROVED BY THE COUNTY
MANAGER DURING THE BOARD'S SCHEDULED RECESS (IN
ABSENTIA MEETING DATED AUGUST 25.2009)
Item #16F2
AWARD OF RFP #09-5183 AND AGREEMENT BETWEEN
COLLIER COUNTY AND MILES MEDIA GROUP, LLLP FOR
WEBSITE DEVELOPMENT FOR THE COLLIER COUNTY
TOURISM DEPARTMENT IN AN ESTIMATED ANNUAL
AMOUNT OF $100,000 AND AUTHORIZE THE CHAIRMAN TO
SIGN THE AGREEMENT
Item # 16F3
Page 235
September 15, 2009
RESOLUTION 2009-209: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FY08-09 ADOPTED
BUDGET
Item #16G 1
CRA BOARD APPROVE AN AFTER-THE-FACT SUBMISSION
OF THE FLORIDA MARLINS COMMUNITY FOUNDATION
GRANT IN THE AMOUNT OF $2,000 TO ASSIST IN COSTS
ASSOCIATED WITH THE "INAUGURAL BA YSHORE
CULTURAL FESTIVAL OF THE ARTS"
Item #16G2
COMMUNITY REDEVELOPMENT AGENCY (CRA) TO
APPROVE LOCAL ADVISORY BOARD MEMBERS AND CRA
STAFF ATTENDANCE AT THE FLORIDA REDEVELOPMENT
ASSOCIATION 2009 ANNUAL CONFERENCE; PAYMENT OF
ATTENDEES REGISTRATION, LODGING, TRAVEL AND PER
DIEM FROM THE IMMOKALEE CRA TRUST FUND (FUND
186) TRAVEL BUDGET; AND DECLARE THE TRAINING
RECEIVED AS SERVING A VALID PUBLIC PURPOSE
Item #16G3
ACCEPT FUNDS FROM FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) IN THE AMOUNT OF
$64,907.44 FOR RECONSTRUCTION OF T-HANGARS AT THE
EVERGLADES AIRPARK
Page 236
September 15, 2009
Item #16H1
PROCLAMATION DESIGNATING SEPTEMBER 28, 2009 AS
F AMIL Y DAY - A DAY TO EAT DINNER WITH YOUR
CHILDREN. TO BE MAILED TO DANA SHECK AT THE
NATIONAL CENTER ON ADDICTION AND SUBSTANCE
ABUSE. COLUMBIA UNIVERSITY - ADOPTED
Item #16H2
COMMISSIONER COYLE'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. COMMISSIONER TRAVELED TO BANGOR, MAINE
FOR INFORMATIONAL MEETINGS WITH JACKSON LAB
STAFF AND EDUCATIONAL TOURS OF THEIR FACILITY;
$36.55 PAID FROM COMMISSIONER COYLE'S TRAVEL
BUDGET
Item #16H3
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE WILL ATTEND THE FRIENDS OF THE
LIBRARY RED, WHITE & ROULETTE EVENT NOVEMBER 6,
2009 AT THE NAPLES ITALIAN AMERICAN CLUB; $25.00 TO
BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16H4
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE BRIDGE RECOGNITION
Page 237
September 15, 2009
DINNER CRUISE SEPTEMBER 3,2009 AT ERIN'S ISLE ON
MARCO ISLAND; $30.00 TO BE PAID FROM COMMISSIONER
FIALA'S TRAVEL BUDGET
Item #16H5
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE 9/11 REMEMBRANCE
LUNCHEON ON SEPTEMBER 11, 2009 AT MARCO BEACH
RESORT AND SPA ON MARCO ISLAND; $30.00 TO BE PAID
FROM COMMISSIONER FIALA'S TRAVEL BUDGET
Item #1611
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 238
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
September IS, 2009
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
1) Animal Services Advisory Board:
Minutes of May 19,2009.
2) Bavshore Beautification MSTU Advisory Committee:
Agenda of March 12,2008; May 14, 2008; November 12,2008;
December 10, 2008; January 14,2009, March 11,2009.
Minutes of January 9,2008; March 12,2008; September 10,2008;
October 15, 2008 joint workshop w/CRA; November 12, 2008;
December 10, 2008; February 11, 2009.
3) Collier County Citizens Corps:
Agenda of June 17, 2009.
Minutes of June 17, 2009.
4) Collier County Code Enforcement Board:
Minutes of May 28, 2009.
5) Development Services Advisory Committee:
Minutes of June 3,2009.
6) Forest Lakes Roadway and Drainage Advisory Committee:
Agenda of May 14,2008; December 10,2008; January 14,2009;
April 8,2009; May 27, 2009; July 8, 2009.
Minutes of November 12, 2008; December 10, 2008; March 11,
2009; April 8, 2009; May 13,2009; May 27, 2009.
7) Immokalee Beautification Advisory Committee:
Agenda of February 25, 2009; March 25, 2009; April 22, 2009;
May 20, 2009.
Minutes of January 28, 2009; February 25, 2009; March 25,2009;
April 22, 2009.
8) Immokalee Entetprise Zone Development Agency:
Agenda of June 17,2009.
Minutes of May 20, 2009.
9) Immokalee Local Redevelopment Advisory Board:
Agenda of June 17, 2009.
Minutes of May 20, 2009.
10) Immokalee Master Plan and Visioning Committee:
Agenda of June 2, 2009 joint w/CRA; June 17, 2009 joint w/CRA;
June 17,2009 joint w/CRA (with changes).
Minutes of May 20, 2009 joint w/CRA; June 2, 2009 joint w/CRA.
11) Isles of Capri Fire Control District Advisory Committee:
Minutes of June 4, 2009.
12) Land Acquisition Advisory Committee:
Agenda of July 20, 2009.
Minutes of June 8, 2009.
13) Parks and Recreation Advisory Board:
Minutes of June 18,2009.
14) Pelican Bay Services Division Board:
Agenda of July 13,2009.
Minutes of June 11,2009.
a) Budget Committee:
Agenda of April 27,2009.
Minutes of April 27, 2009; May 11,2009.
b) Safety Committee:
Minutes of May 15,2009.
15) Radio Road Beautification Advisory Committee:
Agenda of October 21,2008; December 8, 2008; January 20, 2009;
April 21, 2009; May 19,2009; June 16,2009; July 21, 2009.
Minutes of September 16, 2008; November 18, 2008;
December 8, 2008; March 17,2009; April 7, 2009; April 21, 2009;
May 19,2009; June 19,2009.
16) Tourist Development Council:
Minutes of January 28, 2008; June 23, 2008; October 27,2008;
November 24, 2008.
17) Vanderbilt Beach Beautification MSTU Advisory Committee:
Agenda of January 8,2009; October 15, 2009.
Minutes of December 4, 2008; June 4, 2009.
B. Other:
1) Code Enforcement Special Magistrate:
Minutes of June 19,2009.
2) Fire Service Steering Committee:
Minutes of April 23, 2009.
3) Golden Gate Community Center Selection Committee:
Minutes from the Interview Process for Supervisor of April 17,
2008.
September 15,2009
Item #16Jl
DISBURSEMENTS FOR THE PERIOD OF JULY 18, 2009
THROUGH JULY 24, 2009 AND SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16J2
DISBURSEMENTS FOR THE PERIOD OF JULY 25, 2009
THROUGH JULY 31, 2009 AND SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item # 16J3
DISBURSEMENTS FOR THE PERIOD OF AUGUST 1,2009
THROUGH AUGUST 7, 2009 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J4
DISBURSEMENTS FOR THE PERIOD OF AUGUST 8, 2009
THROUGH AUGUST 14, 2009 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J5
DISBURSEMENTS FOR THE PERIOD OF AUGUST 15,2009
THROUGH AUGUST 21,2009 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J6
Page 239
September 15, 2009
DISBURSEMENTS FOR THE PERIOD OF AUGUST 22, 2009
THROUGH AUGUST 28, 2009 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J7
BUDGET AMENDMENT RECOGNIZING INTEREST EARNED
IN SUPERVISOR OF ELECTIONS GRANT FUND 37004.1
Item # 16J8
BUDGET AMENDMENT TO TRANSFER $1,711.25 FROM THE
SUPERVISOR OF ELECTIONS ADMINISTRATION BUDGET
TO THE SUPERVISOR OF ELECTIONS GRANT BUDGET
RECOGNIZING HA V A PROGRAM INCOME
Item # 16J9
BUDGET AMENDMENT RECOGNIZING INTEREST EARNED
IN SUPERVISOR OF ELECTIONS GRANT FUND 37003.1
Item #16JI0
INTERLOCAL AGREEMENT FOR ELECTION SERVICES FOR
SERVICES AND VOTING EQUIPMENT THAT WILL BE USED
BY THE CITY OF EVERGLADES FOR AN ELECTION TO BE
HELD ON NOVEMBER 24~ 2009
Item #16Jll
AN INTEGRATED CRIMINAL JUSTICE INFORMATION
SYSTEM COST -SHARING AGREEMENT WITH THE PUBLIC
Page 240
September 15, 2009
DEFENDER FOR THE TWENTIETH JUDICIAL CIRCUIT, THE
STATE ATTORNEY OF THE TWENTIETH JUDICIAL CIRCUIT,
AND THE CHIEF JUDGE FOR THE TWENTIETH JUDICIAL
CIRCUIT BY AND THROUGH THE ADMINISTRATIVE OFFICE
OF THE COURTS
Item #16J12
BUDGET AMENDMENT IN THE AMOUNT OF $252,390 FOR
PAYMENT OF AN INVOICE IN THE AMOUNT OF $269,390
FROM CRIMINAL JUSTICE INFORMATION SYSTEM FOR
COLLIER COUNTY'S PORTION OF THE COST SHARING
PROJECT FOR THE TWENTIETH JUDICIAL CIRCUIT FOR
FY09
Item #16Kl - Moved to Item #12E (Per Agenda Change Sheet)
Item #16K2
RESOLTION 2009-210: APPROVING THE COUNTY
ATTORNEY OFFICE 2010 FISCAL YEAR PAY AND
CLASSIFICATION PLAN, WHICH IS IDENTICAL TO THE
CURRENT APPROVED PLAN
Item #16K3
PURSUANT TO COLLIER COUNTY RESOLUTION NO. 95-632,
BOARD OF COUNTY COMMISSIONERS AUTHORIZES THE
COUNTY ATTORNEY'S OFFICE TO SELECT AND RETAIN
OUTSIDE COUNSEL TO REPRESENT COUNTY MANAGER
JAMES V. MUDD WHO HAS BEEN NAMED A DEFENDANT IN
THE LAWSUIT ENTITLED PEBBLE PAGE INC., D/B/A STEVIE
Page 241
September 15, 2009
TOMATO'S SPORTS PAGE BAR AND GRILL V. JIM MUDD, IN
HIS OFFICIAL CAPACITY AS COUNTY MANAGER FOR
COLLIER COUNTY, CASE NO. 09-6825-CA, NOW PENDING IN
THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, FLORIDA, AND IN ADDITION, TO WAIVE THE
PURCHASING POLICY TO THE EXTENT IT APPLIES TO THE
SELECTION OF OUTSIDE COUNSEL AND/OR OTHERWISE
EXEMPT THE SELECTION OF OUTSIDE COUNSEL FROM
COMPETITION PURSUANT TO VII.G. OF THE POLICY
Item #16K4
MAKING OF AN OFFER OF JUDGMENT TO RESPONDENT,
PASCAL J. MURRAY, FOR PARCEL NO. 121FEE IN THE
AMOUNT OF $610,900 IN THE LAWSUIT STYLED COLLIER
COUNTY V. PASCAL J. MURRAY, ET AL., CASE NO. 07-4784-
CA; SANTA BARBARA BOULEVARD EXTENSION PROJECT
NO. 60091 (FISCAL IMPACT $46~700)
Item #16K5
WAIVE THE CONFLICT WITH CONTINUING RETENTION OF
ANDREW REISS, ESQ., AS COUNSEL FOR COLLIER COUNTY
EMPLOYEES STAN CHRZANOWSKI AND RUDY MOSS IN
THE CASE STYLED BURGESON V. COLLIER COUNTY, ET
AL., CASE NO. 2:09-CV-220-FTM-99-DNF, NOW PENDING IN
THE UNITED STATES DISTRICT COURT FOR THE MIDDLE
DISTRICT OF FLORIDA. FORT MYERS DIVISION
Item #16K6
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $9,000
Page 242
September 15,2009
FOR PARCEL 169 IN THE LAWSUIT STYLED COLLIER
COUNTY V. THOMAS F. SALZMANN, ET AL., CASE NO. 03-
2550-CA; GOLDEN GATE PARKWAY PROJECT NO. 60027
(FISCAL IMPACT $6~246.80)
Item #16K7
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $6,000
FOR PARCEL 119DE IN THE LAWSUIT STYLED COLLIER
COUNTY V. ALEXANDER G. CHRISTOU, ET AL., CASE NO.
07-4923-CA; SANTA BARBARA BOULEVARD EXTENSION
PROJECT NO. 60091 (FISCAL IMPACT $3~000)
Item #16K8
AUTHORIZE AN AMENDMENT TO ORDINANCE NO. 75-16,
AS AMENDED, RELATING TO THE CONDUCT OF MEETINGS
OF THE BOARD OF COUNTY COMMISSIONERS, TO MODIFY
THE PROCEDURE FOR CALLING A MEETING TO ORDER IN
THE ABSENCE OF THE CHAIRMAN AND VICE CHAIRMAN
Item #16K9
MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS,
GLORIA GIORDANO, CHRIS RASMUSSEN, A/K/A CHRIS
ALAN RASMUSSEN AND MARTHA L. RASMUSSEN FOR
PARCEL NOS. 122FEE AND 123FEE IN THE AMOUNT OF
$671,300 IN THE LAWSUIT STYLED COLLIER COUNTY V.
PASCAL J. MURRAY, ET AL., CASE NO. 07-4784-CA; SANTA
BARBARA BOULEVARD EXTENSION PROJECT NO. 60091
(FISCAL IMPACT $48~900)
Page 243
September 15, 2009
Item #16KI0
COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AGAINST EMBARQ, INC., EMBARQ COMMUNICATIONS,
INC. AND WORKMAN SERVICES, INC., IN CIRCUIT COURT
TO RECOVER DAMAGES IN THE AMOUNT OF $24,358.54,
PLUS THE COST OF LITIGATION
Item #16Kll
COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AGAINST LEONARDO RODRIGUEZ & MARIA RODRIGUEZ
IN COUNTY COURT TO RECOVER DAMAGES IN THE
AMOUNT OF $7~533.69. PLUS THE COST OF LITIGATION
Item #16K12
COLLIER COUNTY TO JOIN-IN AN ACTION, IF AND WHEN
BROUGHT BY THE FLORIDA ASSOCIATION OF COUNTIES
TO CHALLENGE HB 227 (2209) WHICH AMENDED THE
FLORIDA IMPACT FEE ACT, BY: (1) PLACING A BURDEN ON
THE GOVERNMENT TO PROVE BY A PREPONDERANCE OF
THE EVIDENCE THE VALIDITY OF ITS IMPACT FEE(S), AND
(2) FORBIDDING THE COURT TO USE THE DEFERENTIAL
STANDARD AFFORDED ALL LEGISLATIVE ENACTMENTS.
FUNDING FOR SUCH A SUIT WOULD NOT EXCEED $7.000
Item #16K13
MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS,
Page 244
September 15, 2009
MARK A. PEIFFER AND GWENDOLYN L. PEIFFER, FOR
PARCEL NO. 155RDUE IN THE AMOUNT OF $2,160 IN THE
LAWSUIT STYLED COLLIER COUNTY V. PATRICIA K.
CARLYLE, ET AL., CASE NO. 07-2829-CA; OIL WELL ROAD
PROJECT NO. 60044 (FISCAL IMPACT $360)
Item #16K14
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$83,000 FOR PARCEL NO. 179RDUE IN THE LAWSUIT
STYLED COLLIER COUNTY V. ARMANDO B. YZAGUIRRE,
ET AL., CASE NO. 07-2746-CA; OIL WELL ROAD PROJECT
NO. 60044 (FISCAL IMPACT $38.046.35)
Item #16K15
COUNTY ATTORNEY'S RECOMMENDATION TO WAIVE
ANY POTENTIAL ETHICS CONFLICT FOR A CRA ADVISORY
BOARD MEMBER BASED ON CH. 112~ FLORIDA STATUTES
Item #16K16 - Continued to the September 29,2009 BCC Meeting
(Per Agenda Change Sheet)
ADVERTISE AND BRING BACK FOR THE BOARD'S
CONSIDERATION A PROPOSED AMENDMENT TO
ORDINANCE NO. 08-47, WHICH ADDRESSES
REQUIREMENTS FOR NON-CONSENT LAW ENFORCEMENT
TOWING OF VEHICLES, PRIVATE PROPERTY TOWING OF
VEHICLES, STORAGE OF VEHICLES AND MAXIMUM
CHARGEABLE FEES BY TOW TRUCK COMPANIES, TO
INCLUDE PROVISIONS CONCERNING THE
IMMOBILIZA TION OF VEHICLES (BOOTING) ON PRIVATE
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September 15, 2009
PROPERTY AND TO FURTHER CLARIFY LANGUAGE IN THE
ORDINANCE BASED UPON FEEDBACK AND EXPERIENCE
SINCE ITS ENACTMENT IN SEPTEMBER 2008
Item#17A
REVIEW AND APPROVE A COMPLIANCE AGREEMENT
BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS AND COLLIER COUNTY, SETTING FORTH A
PROPOSED REMEDIAL AMENDMENT RELATING TO PUBLIC
SCHOOLS IN THE CAPITAL IMPROVEMENT ELEMENT OF
THE GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS
AMENDED (COMPANION ITEM TO #17B)
Item #17B
ORDINANCE 2009-45: REMEDIAL AMENDMENT RELATING
TO PUBLIC SCHOOLS IN THE CAPITAL IMPROVEMENT
ELEMENT OF THE GROWTH MANAGEMENT PLAN,
ORDINANCE NO. 89-05, AS AMENDED, AS SET FORTH IN A
COMPLIANCE AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER
COUNTY (COMPANION ITEM TO #17 A)
Item #17C
RESOLUTION 2009-211 (DISTRICT 1) AND RESOLUTION
2009-212 (DISTRICT II): THE PRELIMINARY ASSESSMENT
ROLLS AS THE FINAL ASSESSMENT ROLLS AND ADOPTING
SAME AS THE NON-AD VALOREM ASSESSMENT ROLLS
FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF
COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA
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September 15, 2009
STATUTES, FOR SOLID WASTE MUNICIPAL SERVICE
BENEFIT UNITS, SERVICE DISTRICT NO. I AND SERVICE
DISTRICT NO. II, SPECIAL ASSESSMENT LEVIED AGAINST
CERTAIN RESIDENTIAL PROPERTIES WITHIN
UNINCORPORATED AREA OF COLLIER COUNTY, CITY OF
MARCO ISLAND AND EVERGLADES CITY
Item #17D
RESOLUTION 2009-213: CUE-2008-AR-13803 LIVING WORD
FAMILY CHURCH, INC., REPRESENTED BY LAURA DEJOHN,
AICP, OF JOHNSON ENGINEERING, INC., IS REQUESTING A
ONE-YEAR CONDITIONAL USE EXTENSION PURSUANT TO
THE LAND DEVELOPMENT CODE SECTION 10.08.00.E.3, IN
THE RURAL AGRICULTURAL (A) ZONING DISTRICT WITH A
MOBILE HOME OVERLAY (MHO) FOR A CHURCH
APPROVED BY RESOLUTION NO. 06-03. THE 18.35 ACRE
SUBJECT PROPERTY IS LOCATED AT 10910 IMMOKALEE
ROAD, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27
EAST~ COLLIER COUNTY. FLORIDA
Item #17E
PETITION: ADA-2008-AR-14059 SUNRISE CAY II
CONDOMINIUM ASSOCIATION INC., REPRESENTED BY
CHRISTOPHER J. THORNTON OF CHEFFY, P ASSIDOMO,
WILSON AND JOHNSON, LLP, IS APPEALING THE DECISION
FOR INTP-2008-AR-12749. THE APPLICANT WISHES TO
APPEAL THE DIRECTOR'S DECISION IN WHICH THE
DIRECTOR CONCLUDED THAT ANGLE-PARKED BOAT
PARKING WITH MOORING PILINGS IS INCONSISTENT WITH
THE MANATEE PROTECTION PLAN SPECIFICALLY
Page 247
September 15,2009
SECTIONS 5.03.03.E.11 OF THE LDC AND SECTIONS 3.2.3.4
AND 4.6.3 OF THE MPP TO PROHIBIT USE OF MOORING
PILINGS TO ANGLE-PARK BOAT SLIPS AT SUNRISE CAY II.
SUBJECT PROPERTY IS LOCATED IN SECTION 9, TOWNSHIP
52. RANGE 28~ COLLIER COUNTY~ FLORIDA
Item #17F
ORDINANCE 2009-46: PETITION: PUDZ-2009-AR-14141 THE
NAPLES ITALIAN-AMERICAN CLUB, INC., REPRESENTED
BY ROBERT DUANE, AICP, OF HOLE MONTES, INC. AND
RICHARD YOV ANOVICH OF GOODLETTE, COLEMAN,
JOHNSON, YOV ANOVICH & KOESTER P A, IS REQUESTING
A REZONE FROM THE AGRICULTURE (A) ZONING DISTRICT
TO THE COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD) ZONING DISTRICT TO ALLOW UP TO 20,000 SQUARE
FEET OF CIVIC, SOCIAL OR FRATERNAL ORGANIZATIONS
AND 34,000 SQUARE FEET OF COMMERCIAL AND
PROFESSIONAL OFFICE USES. THE APPROXIMATELY 5.0-
ACRE SUBJECT PROPERTY IS LOCATED AT 7035 AIRPORT
PULLING ROAD, SECTION 2, TOWNSHIP 49 SOUTH, RANGE
25 EAST~ COLLIER COUNTY~ FLORIDA
Item #17G
ORDINANCE 2009-47: DISSOLUTION OF ARTESIA NAPLES
COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT
TO SECTION 190.046(9)~ FLORIDA STATUTES
Page 248
September 15, 2009
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 5:29 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
~ c:J~
DONNA F ALA, Chairman
These mi9utes approved by the Board on I 0 I J?::> I 0 ~ , as presented
V or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY
COURT REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 249