BCC Minutes 11/10/2009 R
November 10, 2009
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida,
November 10,2009
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:
Leo Ochs, County Manager
Michael Sheffield, Assistant County Manager
Jeffrey A. Klatzkow, County Attorney
Sue Filson, BCC Executive Manager
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
November 10,2009
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 AGENDA ITEMS MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE
COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA
ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE
UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE
CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
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November 10, 2009
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
B. October 13,2009 - BCC/Regular Meeting
C. October 14, 2009 - BCC/Legislative Workshop
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
5 Years
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November 10, 2009
1)
2)
3)
4)
5)
6)
15 Years
1)
Richard Heers, lmmokalee Enterprise Zone Development Agency
Karen Beatty, Bayshore/Gateway Triangle Local Redevelopment
Advisory Board
Lee Horn, Contractors' Licensing Board
Michael Boyd, Contractors' Licensing Board
Donna J. Reed, Collier County Planning Commission
Jerry Sanford, Collier County Citizens Corps
7)
Elizabeth M. Perdichizzi, Historical/Archaeological Preservation
Board
Stephen B. Greenberg, Golden Gate Estates Land Trust Committee
2)
Dalas D. Disney, Development Services Advisory Committee
4. PROCLAMATIONS
A. Proclamation designating November 10, 2009 as Lance Corporal Dennis J.
Burrow Day. To be accepted by Staff Sergeant Juan Flores and Mr. Jack
Mischung.
B. Proclamation designating November 11, 2009 as Veterans Day. To be
accepted by Jim Elson, Captain, US Army (Ret)., President, Collier County
Veterans Council.
C. Proclamation designating November 20 - 26, 2009 as Farm-City Week. To
be accepted by Cyndee Woolley, 2009 Farm City BBQ Chairperson.
D. Proclamation designating November, 2009 as Diabetes Awareness Month.
To be accepted by LaVerne Franklin, Black Affairs Advisory Board
member.
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November 10, 2009
E. Proclamation designating November 10, 2009 as Keeping Collier
Neighborhoods Clean and Safe Day. To be accepted by Brian Davenport,
Sarah Davenport and Matthew Hayes.
F. Proclamation designating November 15,2009 as America Recycles Day In
Collier County. To be accepted by staff from Collier County Utility Billing
Customer Service, Solid Waste Management Department, Waste
Management, Inc. and Keep Collier Beautiful.
5. PRESENTATIONS
A. Presentation on the Youth Resource Center by Sheriff Kevin Rambosk.
B. Clay Cross, Project Manager of Astaldi Construction Corporation, will
provide updated information on the Santa Barbara Boulevard Extension
Project #60091, a 6-lane highway between Rattlesnake Hammock Road and
Davis Boulevard linking Polly A venue to the existing Santa Barbara
Boulevard. Project includes roadwork, utility lines, streetlighting, sidewalks,
drainage ponds, and LASIP canal work.
6. PUBLIC PETITIONS
A. Public petition request by Lynn Smallwood McMillin to discuss waiver for
off-premise signage for the Ted Smallwood's Store, Inc., Chokoloskee, FL.
B. Public petition request by Georges Chami to discuss zoning issue at 7770
Preserve Lane.
C. Public petition request by Larry Magel to discuss candidacy for Marco
Island City Council while serving on County Advisory Committees.
Item 7 and 8 to be heard no sooner than 1:00 n.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item has been continued from the October 27. 2009 BCC meetinl!:.
This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members: CU-2008-AR-13245
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November 10, 2009
Collier County through its Solid Waste Management Department,
represented by David Deans ofPBS & J, is requesting Conditional Uses
within the Rural Agricultural Zoning District within the North Belle Meade
Overlay and Rural Fringe Mixed Use District (RFMU) Overlay for Sending
Areas to allow 1) a Collection and Transfer Site for Resource Recovery,
pursuant to Collier County Land Development Code (LDC) Section
2.03.01.A.1.c.l2; and 2) Public Facilities, including Solid Waste and
Resource Recovery Facility and Public Vehicle and Equipment Storage and
Repair Facilities pursuant to LDC Section 2.03.08.AA.a.(3)(b) of the RFMU
District for a project to be known as the Resource Recovery Park. The
subject property, consisting of approximately 344 acres, is located
approximately 1.5 miles east of Collier Boulevard and 1 mile north of White
Lake Boulevard, in Section 25, Township 49 South, Range 26 East, Collier
County, Florida.(CTS)
8. ADVERTISED PUBLIC HEARINGS
A. This item has been continued from the October 27. 2009 BCC meetinl!:
to the November 10. 2009 BCC meetinl!: and has been further continued
to the December 1. 2009 BCC meetinl!:. Recommendation to consider
adoption of an ordinance establishing the City Gate Community
Development District (CDD) pursuant to Section 190.005, Florida Statutes.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the lmmokalee Enterprise Zone Development
Agency.
B. Appointment of member to the Parks and Recreation Advisory Board.
C. Appointment of member to the Contractors Licensing Board.
D. Appointment of member to the Horizon Study Oversight Committee.
E. Appointment of member to the Golden Gate Estates Land Trust Committee.
10. COUNTY MANAGER'S REPORT
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November 10, 2009
A. Recommendation that the Board of County Commissioners approves
conceptual changes to the Animal Control Ordinance accommodating trap-
neuter-return of cats, incorporating anti-cruelty provisions such as anti-
chaining of dogs, and revising dangerous dog declaration appeal processes;
and directs the County Manager or his designee to prepare and advertise
ordinance changes to be approved by the Board at a future meeting.
(Amanda Townsend, Domestic Animal Services Director)
B. Recommendation that the Board of County Commissioners approves a staff-
recommended Domestic Animal Services department mission statement that
addresses the publics and Domestic Animal Services Advisory Boards desire
to include adoption in the statement. (Amanda Townsend, Domestic Animal
Services Director)
C. Recommendation to adopt a Resolution amending the Collier County
Administrative Code Fee Schedule of development-related review and
processing fees as provided for in The Code of Laws and Ordinances,
Section 2-11 (Gary Mullee, Manager Operations Support, CDES)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item continued to the December 1. 2009 BCC Meetinl!:.
Recommendation to consider adoption of an ordinance amending the City
Gate Commerce Park PUD (Ordinance No. 88-93) to allow streets to be
public.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. Recommendation that the Collier County Community Redevelopment
Agency (CRA) approves, and authorizes its Chairman to sign, an
amendment to the employment agreement between the CRA and Penny S.
Phillippi, the lmmokalee CRA Executive Director, extending the term of
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November 10, 2009
employment three years.
B. Recommendation that the Collier County Board of County Commissioners
approve and authorize the Airport Authority to begin a search for an
Executive Director.
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of each
item. If discussion is desired by a member of the Board, that item(s) will be removed
from the Consent Agenda and considered separately.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water and sewer
utility facilities for Mediterra Parcel 117.
2) Recommendation to approve final acceptance of the water and sewer
utility facilities for Treviso Bay Clubhouse.
3) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat ofMediterra Parcel 125
Replat, with the roadway and drainage improvements being privately
maintained.
4) Recommendation to accept an alternate security from the owner of
Regal Acres, and to enter into a new Construction, Maintenance and
Escrow Agreement for Subdivision Improvements.
5) This item requires that all participants be sworn in and ex-parte
disclosure be provided bv Commission members. This is a
recommendation to approve for recording the final plat of
Neighborhood Shoppes at Orangetree.
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November 10, 2009
6) Recommendation to grant final approval ofthe roadway (private) and
drainage improvements for the final plat of Mediterra Parcel 107, with
the roadway and drainage improvements being privately maintained.
7) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Mediterra Parcel 108, with
the roadway and drainage improvements being privately maintained.
8) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Mediterra Parcel 109, with
the roadway and drainage improvements being privately maintained.
9) Recommendation to accept a proposed settlement providing for Partial
Release of one Lien and one Order in the Code Enforcement Actions
entitled Collier County v. Thomas and Marian Baker, Code
Enforcement Board Case Nos. 2003-26 and 2006-62, for payment of
$8,458, to release property known as 2759 Lakeview Drive (parcel ID
48173480001), located within Collier County, Florida.
10) Recommendation to impose lien in relation to the Code Enforcement
Action entitled Ruben Romero, Code Enforcement Board Case No.
CEPM 20080007069, on property located at 2183 41st St. SW,
Naples, Florida (County incurred cost to date is $7,678.16).
B. TRANSPORTATION SERVICES
1) Recommendation to award Bid #09-5274 lmmokalee Road (1-75 to
CR 951), lmmokalee Road (CR 951 to 43rd) and CR 951 (US 41 East
to Davis Blvd) Landscape Maintenance for mowing within the right of
way to Commercial Land Maintenance and Caribbean Lawn &
Garden in the estimated annual expenditure of $273,360.00 (Fund
Ill, Various Cost Center).
2) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign the Memorandum of Agreement
with Florida Department of Transportation (FDOT) to include and
complete the FDOT resurfacing project of SR951 with the County's
US-4l and SRlCR-951 intersection project and to execute a
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November 10, 2009
Resolution memorializing the Board's action.
3) Recommendation that the Board approve an Underground Facilities
Conversion Agreement (UFCA) and authorize payment to Florida
Power & Light Company in the amount of $23,242.00 required under
the UFCA for conversion of certain overhead electric distribution
facilities located on Channel Drive within the Vanderbilt Beach
Municipal Service Taxing Unit for underground distribution.
4) Recommendation that the Board approves a Memorandum of
Agreement between Florida Department of Agriculture and Consumer
Services, Division of Forestry and the County Commissioners for
Collier County, Florida pertaining to the coordination and provision of
maintenance responsibilities for Sabal Palm Road Extension through
the Sabal Palm Road Extension Municipal Services Taxing Unit (the
MSTU) and a Resolution authorizing the Chairman to execute the
Agreement.
C. PUBLIC UTILITIES
1) Request by stafffor authorization to advertise and bring back for the
Boards consideration an Ordinance amending the Collier County
Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as
amended, to incorporate a provision clarifying the imposition of
Water and Sewer Impact Fees on geographic areas within the Collier
County Water-Sewer District until such a time when connection to the
regional water and/or sewer system is anticipated within a ten-year
period as identified by the most current Public Utilities Water and
Wastewater Master Plan Updates and the Annual Update and
Inventory Report.
D. PUBLIC SERVICES
1) Recommendation to approve Domestic Animal Services support for
local entities offering low-cost solutions to animal-related issues in
Collier County.
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November 10, 2009
2) Recommendation to adopt a Resolution establishing the Collier
County Domestic Animal Services Fee Policy as of December 1,2009
and superseding resolutions 95-107, 95-106, 93-404, 2008-251 and all
other resolutions establishing animal services-related fees.
3) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, eight (8) lien agreements for
deferral of 100% of Collier County impact fees for owner occupied
affordable housing dwelling units located in Collier County. (Fiscal
impact $141,913.28)
4) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign certifications required by the
State of Florida, Department of Children and Families (DCF)
Challenge Grant in order to be eligible to be awarded 2010 Challenge
Grant funding.
5) Recommendation to award Bid #09-5311 to Pepsi Cola Bottling
Company of Naples, Florida for Beverage Products, Equipment and
Service.
6) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign the FY 2009-10 Agreement with
the David Lawrence Mental Health Center, Inc. in the amount of
$1,034,195.
7) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign an Agreement with Physicians
Regional Medical Center for participation in the Low Income Pool
(UP) program for services provided on behalf of the Housing and
Human Services Department, Department of Health and David
Lawrence Center Mental Health Center to generate an additional
$418,370 in Federal matching funds.
8) Recommend that the Board of County Commissioners approves the
Florida Shore and Beach Preservation Association (FSBP A) invoice
dated September 28, 2009 for $2,000 to the FSBP A Legal Defense
Fund in support of the current beach renourishment legislation
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November 10, 2009
scheduled to be heard by the US Supreme Court in December 2009.
E. ADMINISTRATIVE SERVICES
1) Recommendation that the Board of County Commissioners award Bid
#09-5263, Office Supplies County Wide to Staples Contract and
Commercial, Inc. in the estimated annual amount of $200,000.
2) Recommendation to authorize the County Manager, or his designee,
to submit a $20,000 Florida Fish and Wildlife Conservation
Commission (FWC) Gopher Tortoise Habitat Management Assistance
Request to fund fire line installation at the Conservation Collier
Railhead Scrub Preserve.
3) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
4) Recommendation to award Bid #09-5254 and a contract for Grounds
Maintenance of Collier County Government Facilities to Hannula
Landscaping & Irrigation, Inc. for an estimated annual amount of
$400,000.
5) Recommendation that the Board of County Commissioners reject Bid
#09-5297, for the renovation of the Courthouse 1st and 4th floors
(Building L), Project #52004.
6) Recommendation that the Board of County Commissioners, acting in
their capacity as Trustee of the GAC Land Trust Committee (Board),
approve and execute an Agreement to provide the Collier County
Parks and Recreation Department an amount not to exceed $7,200.00
for the purchase of a sound system and associated equipment for use
at the Max Hasse Community Park.
F. COUNTY MANAGER
1) Recommendation that the Board of County Commissioners approve
Grant Agreement 2009CKWX0204 in the amount of$350,000 from
the United States Department of Justice, Office of Community
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November 10, 2009
Oriented Policing Services (COPS) Technology Program for public
safety technology equipment and approve all necessary budget
amendments.
2) Recommendation that the Board of County Commissioners approves
an Agreement between the State of Florida, Division of Emergency
"Management and Collier County accepting $7,086 for the preparation
of Hazards Analysis Reports for facilities storing extremely hazardous
substances within Collier County and authorize all necessary budget
amendments.
3) Recommendation to recognize and appropriate insurance proceeds in
the amount of $20,952.50 and to authorize the necessary Budget
Amendment.
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2009-10 Adopted Budget.
5) Recommendation that the Board of County Commissioners approve
the purchase of three replacement ambulances in an amount of
$555,000 for Emergency Medical Services using carryforward from
FY09 and authorize the necessary Budget Amendment.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation for the Board of County Commissioners to accept
the Tertiary Stormwater System Improvement Plan for Gateway
Triangle Residential Area as presented by the Collier County
Community Redevelopment Agency; recognizing how the plan
complements the County's secondary system project for the Gateway
Triangle; authorize the County Manager, or his designee, to provide
support to the CRA where needed; and approve CRA staffs approach
to execute the plan. (Source of funding - CRA TIF Fund 187) (David
Jackson, Executive Director Bayshore Gateway Triangle CRA)
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November 10, 2009
2) Recommendation for the Community Redevelopment Agency (CRA)
to approve and execute the attached Lease with Auto Pride Collision
Centers, Inc., a Florida Corporation permitting them to continue the
operation of the existing business on CRA owned property located at
1911 E. Tamiami Trail in the Gateway Mini-Triangle for an annual
rent of$128,084.00 for the first year and $150,000.00 or five (5%) of
the Lessees gross sales for each successive year.
3) Request that the Collier County Community Redevelopment Agency
(CRA) approve the application and recipient agreement for the
lmmokalee CRA Commercial Facade Improvement Grant Program
for reimbursement of $10,789 for facade improvements to Lozanos
Restaurant located at 405 New Market Road in lmmokalee, Florida.
4) Recommendation that the Board of County Commissioners approve
and authorize the Airport Authority to utilize $83,850 from the
lmmokalee Infrastructure Fund 497 to front-fund the reconstruction of
the Sheriffs Dwelling and Tiki Hut damaged by Hurricane Wilma at
Everglades Airpark, and associated budget amendments. This project
is eligible for reimbursement from the Federal Emergency
Management Agency (FEMA).
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Kiwanis Club of Marco Island Officer's Installation
Dinner on November 6, 2009 at Bristrol Soleil at the Old Marco Inn
on Marco Island, FL. $75.00 to be paid from Commissioner Fiala's
travel budget.
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend Iron Chef Marco Island on November 15, 2009 at Bistro
Soleil on Marco Island, FL. $85.00 to be paid from Commissioner
Fiala's travel budget.
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November 10, 2009
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Christmas Island Style Jazz Jam Session on November
1,2009 at Erin's Isle 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.
Will attend the State of the Arts in Collier County Luncheon on
November 13,2009 at Hideaway Beach Club 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.
Will attend the Jolly Cricket Grand Opening Benefitting Naples Zoo
on November 11,2009 at the Jolly Cricket in Naples, FL. $25.00 to be
paid from Commissioner Fiala's travel budget.
6) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Gulfshore Playhouse Reception and Silent Auction on
November 8, 2009 at Naples Tomato in Naples, FL. $50.00 to be paid
from Commissioner Fiala's travel budget.
7) Commissioner Jim Coletta requests Board approval for
reimbursement regarding attendance at a function serving a Valid
Public Purpose. Attended the EDC October Investors Luncheon on
October 6,2009 in Naples, FL. $15.00 to be paid from Commissioner
Coletta's travel budget.
8) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the NAACP 27th Annual Freedom Fund Dinner and
Centennial Celebration on October 3, 2009 in Naples, FL. $65.00 to
be paid from Commissioner Coletta's travel budget.
9) Recommendation that the Board of County Commissioners approve
the donation of an enclosed trailer to Samuel A. Cadreau, individual,
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November 10, 2009
member of the Freedom Memorial Task Force.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommend that the Board of County Commissioners endorse the
United States Department of Justice and United States Department of
Treasury combined Equitable Sharing Agreement and Certification
through September 2010, allowing the Sheriff's Office to receive an
equitable share of net proceeds of a Federal Forfeiture resulting from
the Sheriff's participation in joint criminal investigations.
2) To obtain board approval for disbursements for the period of October
17,2009 through October 23, 2009 and for submission into the
official records of the board.
3) To obtain board approval for disbursements for the period of October
24, 2009 through October 30, 2009 and for submission into the
official records of the board.
4) Request that the Board of County Commissioners approves the
transfer of tangible personal property, purchased in FY 2009 to
benefit the Collier County Sheriff, to the custody of the Sheriff of
Collier County.
5) Request that the Board of County Commissioners accepts and
approves capital asset disposition records for time period October 1,
2008 through September 30, 2009.
6) Recommendation that the Board of County Commissioners Approve
and Authorize the Chairman to sign an Agreement Authorizing the
Collier County Sheriffs Office to have Traffic Control Jurisdiction
over Private Roads within the Shores at Berkshire Lakes and the
Preserve at the Shores at Berkshire Lakes Subdivisions.
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November 10, 2009
K. COUNTY ATTORNEY
1) Report with respect to a recent order denying Defendant, Collier
County's Motion for Rehearing and/or Clarification in the lawsuit
styled Craig Grider and Amber Grider v. Collier County, Case No.
08-7794-CA, and the intent ofthe County Attorney to file an appeal of
this order to the Florida Second District Court of Appeal, absent
further Board direction.
2) Recommendation that the Board approves the proposed Addendum to
the Naples Zoo Lease.
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 approve a resolution of the Board of County
Commissioners of Collier County, Florida, designating the adopted Tamiami
Professional Center Planned Unit Development (PUD) as Closed-Out
B. Recommendation that the Board of County Commissioners adopts an
Ordinance amending Ordinance No. 92-60, as amended, the Collier County
Tourist Development Tax Ordinance, in order to: (1) reallocate $500,000 of
the annual funds set aside for Catastrophe Reserves for tourism destination
marketing for a period of one year; and (2) to reallocate $500,000 of the
$2,000,000 per year set aside for Major Beach Renourishment Reserves for
tourism destination marketing for a period of one year.
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November 10, 2009
C. PUDA-PL2009-ll0: DiVosta Homes, LP, represented by Chris Hasty of
Pulte Homes, Inc. and Margaret Perry, AICP of Wilson Miller, Inc., is
requesting an amendment to the Winding Cypress PUD, adopted in
Ordinance No. 02-35 and amended in Ordinance No. 02-48, to alter the side
yard setback between structures on Tract A as depicted on the PUD Master
Plan but maintain a minimum of 10 feet between structures. The subject site
is located in the southeast comer of Collier Boulevard (CR-951 ) and Sabal
Palm Road in Sections 26, 34, 35, Township 50 South, Range 26 East and
Sections 2 and 3, Township 51 South, Range 26 East, Collier County,
Florida.
D. SE-PL2009-1026: A resolution to correct a scrivener's error in Resolution
Number 07-99 (Development Order 07-02), for the Halstatt/Grey Oaks
Development of Regional Impact, to correct Paragraph 4 on page 3 that
reads "biannually" (twice a year) instead of "biennially" (once every two
years), and to insert the proper dates on the blank spaces left for those dates.
The subject property is located in the northeast, southeast, and northwest
quadrants of Airport-Pulling Road and Golden Gate Parkway, in Sections
24, 25 and 26, Township 49 South, Range 25 East, Collier County and the
City of Naples, Florida.
E. Recommendation that the Board of County Commissioners adopt an
ordinance adopting the Florida Building Code 2007 Edition, and pursuant to
the authority granted by section 553.80(3), Florida Statutes, adding certain
exemptions to permitting requirements pursuant to Section 105.2 of the 2007
Florida Building Code relating to addition, alterations, or repairs (including
water heaters) performed by a property owner on his or her property, and
providing for repeal of Ordinance No. 2002-01 in its entirety.
F. CU-2008-AR-13786 Unity Faith Missionary Baptist Church, Inc.
represented by Gina R. Green, P.E. of Gina R. Green, P.A., is requesting a
Conditional Use No.1 expansion in the Estates (E) zoning district pursuant
to Collier County Land Development Code Subsection 2.03.0l.B.l.c.l. The
proposed Conditional Use will expand an existing church by adding a
13,100 square-foot multi-purpose building to be used for a gymnasium,
classrooms, youth fellowship and a kitchen for a 5.23 acre property located
on the east side of 39th Street S.W. and on the south side of the future Green
Boulevard extension, in Section 14 and 23, Township 49 South, Range 26
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November 10, 2009
East, Collier County, Florida.
G. Recommendation that the Board of County Commissioners approve an
amendment to Ordinance Number 08-47, as amended (Maximum fees for
non-consent towing and storage of vehicles), 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.
H. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2009-10 Adopted Budget.
I. Recommendation for the Board of County Commissioners (BCC) to approve
a Resolution designating approximately 17.665 acres ofland owned by the
Community Redevelopment Agency (CRA) as a Brownfield Area; designate
the Bayshore Gateway Triangle Redevelopment Agency Local Advisory
Board as the Brownfield Advisory Committee; and authorize the County
Manager, or his designee, to notify the Department of Environmental
Protection of said designation.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 18
November 10, 2009
November 10, 2009
CHAIRMAN FIALA: Well, good morning, everyone. Thank
you for being here today. Leo, would you like to --
MR. OCHS: You have a live mike.
CHAIRMAN FIALA: Thank you. Yes, sir.
And before we begin this meeting, before we say the Pledge of
Allegiance, I would like to sing Happy Birthday to our court
stenographer, Terri.
(Happy Birthday was sung in unison.)
CHAIRMAN FIALA: She is so special.
COMMISSIONER COYLE: Shouldn't she have recorded that?
It's part of the official meeting, isn't it?
CHAIRMAN FIALA: Thank you all for being here today. With
that, I'd ask you to please rise. Who will say the prayer for us today?
MR. OCHS: I will, ma'am.
CHAIRMAN FIALA: You will. Okay.
MR.OCHS: Our Heavenly Father, we ask your blessings on
these proceedings and all who are gathered here. We ask this a special
blessing on this Board of County Commissioners, guide them in their
deliberations, grant them wisdom and vision to meet the trials of this
day and the days to come.
Bless us now as we undertake the business of Collier County and
its citizens, that our actions will serve the greater good of all citizens
and be acceptable in your sight.
These things we pray in your name, amen.
CHAIRMAN FIALA: And with that, I ask you-all to put your
hands over your hearts. And Jim Coletta, will you please lead us in
the pledge.
COMMISSIONER COLETTA: I would be honored.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: Welcome to our veterans in the audience
today. Wonderful to see you here today.
County Manager, would you like to take over for a minute?
Page 2
November 10,2009
Item #2A
TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES
MR. OCHS: Yes, ma'am. Good morning, Madam Chairman,
members of the board.
These are your agenda changes for the County Commission
meeting, November 10, 2009.
First item is a -- to continue Item 5A to the January 26, 2010,
BCC meeting. That's a presentation by Sheriff Rambosk on the Youth
Resource Center.
Next item is to add on Item 9F. Consideration to amend the
administrative manual associated with the vehicle for hire ordinance to
provide for issuance of a temporary license to operate in Collier
County under specified terms and conditions. That item has been
added at Commissioner Coyle's request.
Next item is 16B2. There's an amendment to that language in the
executive summary. It should read that the maximum participation by
the department shall be for $7,625,576 programmed in the adopted
work program for resurfacing, and this is the part that's added, and
intersection improvement project costs reimbursed to the county, and
that was clarified at staffs request.
Next item is to move Item 16D8 off of your consent agenda.
That will become Item 10D, and that's a recommendation that the
board approve the Florida Shore and Beach Preservation Association
invoice dated September 28,2009, for $2,000 in support of current
beach renourishment legislation that's being heard in the United States
Supreme Court next month, and that item is moved at Commissioner
Henning's request.
Next move is Item 16K2 to Item 12B, and it's a recommendation
Page 3
November 10, 2009
that the board approves the proposed addendum to the Naples Zoo
lease. That item is being moved at Commissioner Halas' request.
The next item is to move Item 17C to Item 8B, and that is
consideration of an amendment to the Winding Cypress PUD having
to do with alteration of side yard setbacks between structures, and that
item is being moved at Commissioner Coyle's request.
And finally, Item 17C and 17F, these items should have included
the following language. 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. And that change is at
staffs request.
And that's all the changes I have, Madam Chair.
CHAIRMAN FIALA: Thank you very much.
County Attorney?
MR. KLATZKOW: No changes, ma'am.
CHAIRMAN FIALA: Okay. Commissioners, do you have any
changes or additions to the agenda and also any ex parte on the
summary or consent agenda?
We'll start with you, Commissioner Coyle.
COMMISSIONER COYLE: Madam Chair, I have no further
changes to the agenda, and with respect to ex parte disclosures, I have
no disclosures for the consent agenda.
And for the summary agenda, Item 17C I have received emails
concerning this item. And for 17F I have received the Planning
Commission's staff report only. And that concludes my ex parte
disclosure.
CHAIRMAN FIALA: Thank you.
Commissioner Halas?
COMMISSIONER HALAS: Yes. Good morning, Chair.
As far as any additional changes on today's agenda or summary
agenda, I have none, or the consent agenda.
The items for disclosure are, on the summary agenda, I've had
Page 4
November 10,2009
correspondence, and this is in regards to 17C, where there was
correspondence to my office in regards to this, and also 17F. Again,
correspondence to my office in regards to these two issues. So thank
you.
CHAIRMAN FIALA: Thank you.
COMMISSIONER HALAS: That's it.
CHAIRMAN FIALA: Okay. And we've moved 17C, haven't
we, to the regular agenda?
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: Okay, fine. Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Good morning. The -- I
received the Planning Commission's packet for 17F, and that's the
only disclosure -- disclosure that I have today.
CHAIRMAN FIALA: And no changes?
COMMISSIONER HENNING: No changes, no further changes.
Thank you.
CHAIRMAN FIALA: Thank you.
And Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
The only thing I have to declare is 1 7N, a staff report, and I have
no changes. Thank you.
CHAIRMAN FIALA: Very good. And I have no changes to the
agenda, and also I have no disclosures other than 17F and that, again,
is the staff report that we received.
COMMISSIONER HENNING: Madam Chair, I make a motion
to approve today's agenda as amended.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Okay. I have a motion and second.
All in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
Page 5
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
Page 6
November 10,2009
Agenda Changes
Board of County Commissioners Meeting
November 10, 2009
Continue Item SA to the January 26, 2010 BCC meetinR: Presentation on the Youth Resource Center by Sheriff Kevin
Rambosk. (Sheriff Rambosk's request.)
Add on Item 9F: Consideration to amend the Administrative Manual associated with the Vehicle for Hire Ordinance to
provide for issuance of a temporary license to operate in Collier County under specified terms and conditions.
(Commissioner Coyle's request.)
Item 16B2: Paragraph 4.b. on Page 5 of 32 of the Memorandum of Agreement, should read: "The Maximum participation by
the DEPARTMENT shall be for Seven million six hundred twenty-five thousand five hundred seventy-six dollars ($7,625,576)
programmed in the Adopted work program under FM#425209-1 as of July 1, 2012 for Resurfacing and Intersection
Imorovement Project costs reimbursed to the COUNTY, and". (Staff's request.)
Move 1608 to 100: Recommendation that the Board of County Commissioners approves the Florida Shore and Beach
Preservation Association (FSBPA) invoice dated September 28, 2009 for $2,000 to the FSBPA Legal Defense Fund in support of
the current beach renourishmentlegislation scheduled to be heard by the US Supreme Court in December 2009.
(Commissioner Henning's request.)
Move 16K2 to 12B: Recommendation that the Board approves the proposed Addendum to the Naples Zoo Lease.
(Commissioner Halas' request.)
Move 17C to 8B: This item requires that ex parte disclosure be provided by Commission Members. PUDA-PL2009-110;
DiVosta Homes, LP, represented by Chris Hasty of Pulte Homes, Inc., and Margaret Perry, AICP of WilsonMiller, Inc., is
requesting an amendment to the Winding Cypress PUD, adopted in Ordinance No. 02-35 and amended in Ordinance No. 02-
48, to alter the side yard setback between structures on Tract A as depicted on the PUD Master Plan but maintain a minimum
of 10 feet between structures. The subject site is located in the southeast corner of Collier Boulevard (CR-951) and 5abal
Palm Road in Sections 26, 34, 35, Township 50 South, Range 26 East and Sections 2 and 3, Township 51 South, Range 26 East,
Collier County, Florida. (Commissioner Coyle's request.)
Items 17C and 17F: These items should have included the following: "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." (Staffs
request.)
11/10/20098:40 AM
November 10, 2009
Item #2B and #2C
MINUTES FROM THE OCTOBER 13, 2009, BCC/REGULAR
MEETING; OCTOBER 14, 2009, BCC/LEGISLATIVE
WORKSHOP - APPROVED AS PRESENTED
COMMISSIONER HENNING: Madam Chair, I make a motion
to approve the minutes and the agenda of October 13, 2009, BCC
regular meeting, October 14, 2009 BCC legislative workshop.
CHAIRMAN FIALA: And a second?
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay. I have a second on that,
Commissioner Halas.
All 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: And then we move on to service awards.
Item #3A
ADVISORY COMMITTEE SERVICE AWARDS - 15 YEAR AND
5 YEAR RECIPIENTS - RECOGNIZED
MR. OCHS: Yes, ma'am. Item 3A is your service awards for
your advisory committees. We start off this morning with our
five-year recipients.
First recipient for five years of service on the Immokalee
Page 7
November 10,2009
Enterprise Zone Development Agency Board is Richard Heers.
Richard, please come forward.
(Applause.)
CHAIRMAN FIALA: Hi, how are you?
MR. HEERS: Thank you.
CHAIRMAN FIALA: Thank you for all you've done for us.
COMMISSIONER COLETTA: Thanks a million, Rich.
COMMISSIONER HENNING: Good to see you again.
COMMISSIONER HALAS: Thank you for your service.
COMMISSIONER COYLE: Congratulations.
CHAIRMAN FIALA: Come stand -- nice picture.
COMMISSIONER COLETTA: Oh, right in the center, right in
the center.
CHAIRMAN FIALA: And our professional photographer over
there, Fred Thomas, just doing his thing. I still have one of your
photos on my wall, Fred.
MR. OCHS: Thanks, Richard.
(Applause.)
MR. OCHS: Our next five-year awardee for five years of service
on the Bayshore Gateway Triangle Local Redevelopment Advisory
Board is Caron Beatty. Is Caron here?
(No response.)
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: She's not here.
MR. OCHS: Next five-year recipient for Contractors' Licensing
Board, Michael Boyd.
Mr. Boyd here this morning?
(No response.)
CHAIRMAN FIALA: They're probably busy working; isn't that
good?
MR. OCHS: Yes, ma'am. Our next five-year awardee, also for
service on Contractors' Licensing, is Lee Horn.
Page 8
November 10, 2009
(Applause.)
CHAIRMAN FIALA: I'm so glad you're here. Thank you for all
you do for us.
MR. HORN: It's my pleasure.
COMMISSIONER COLETTA: Lee, thank you for service.
MR. HORN: Pleasure, Commissioner.
COMMISSIONER HENNING: Thank you for your service.
COMMISSIONER COYLE: Thank you.
MR. HORN: My pleasure.
MR. OCHS: Five-year -- oops, excuse me.
MR. HORN: Thank you.
CHAIRMAN FIALA: Thank you.
(Applause.)
MR. OCHS: Our next five-year awardee is for five years of
service with the Collier County Planning Commission. That would be
Donna Reed Caron.
I'm sorry. She's not here?
(No response.)
MR. OCHS: Next five-year recipient for Collier County Citizens
Corps, Jerry Sanford.
Jerry in the audience today?
(No response.)
MR. OCHS: Our final five-year recipient for years of service
with Historical and Archaeological Preservation Board, Elizabeth
Perdichizzi.
(Applause.)
CHAIRMAN FIALA: He even said your name right.
MS. PERDICHIZZI: I didn't realize it had been five years.
Thank you so much.
CHAIRMAN FIALA: Thank you so much for all you do for us.
MS. PERDICHIZZI: Yes.
COMMISSIONER COLETTA: Thank you.
Page 9
November 10, 2009
COMMISSIONER HENNING: Thank you.
MS. PERDICHIZZI: Thank you so much.
COMMISSIONER HALAS: Thank you for your dedication.
COMMISSIONER COYLE: Thank you very much.
MS. PERDICHIZZI: Thank you so much.
(Applause.)
MR. OCHS: Madam Chair, that takes us to our IS-year
recipients. We have two this morning. Your first awardee for 15 years
of service on the Golden Gate Estates Land Trust Committee is
Stephen Greenberg. Mr. Greenberg is not here this morning.
And your final IS-year awardee for 15 years of service with the
Development Services Advisory Committee is Dalas Disney.
(Applause.)
CHAIRMAN FIALA: Boy, you know we go back a long way.
Remember when we were working on that triangle thing, huh?
MR. DISNEY: Absolutely.
CHAIRMAN FIALA: Wow.
COMMISSIONER COLETTA: Thank you very much.
COMMISSIONER HENNING: Thanks for your time. You
going to be here this afternoon?
COMMISSIONER HALAS: Hi, thank you very much.
COMMISSIONER COYLE: Dalas, thank you very much.
CHAIRMAN FIALA: Stay here.
(Applause.)
MR. OCHS: Madam Chair, that concludes our service awards.
Takes us to Item 4, proclamations.
Item #4 PROCLAMATIONS
ONE MOTION TAKEN TO ADOPT ITEMS #4C THROUGH #4F -
ADOPTED
Page 10
November 10, 2009
Item #4A
PROCLAMATION DESIGNATING NOVEMBER 10, 2009 AS
LANCE CORPORAL DENNIS J. BURROW DAY. ACCEPTED
BY STAFF SERGEANT JUAN FLORES AND MR. JACK
MISCHUNG - ADOPTED
MR. OCHS: First proclamation, 4A, is a proclamation
designating November 10,2009, as Lance Corporal Dennis J. Burrow
Day, to be accepted by Staff Sergeant Juan Flores and Mr. Jack
Mischung.
This item will be read in full by Commissioner Fiala, this
proclamation. If those folks could please come forward.
CHAIRMAN FIALA: And in fact, let's bring all the veterans up
here, okay? I think --
MR. OCHS: Well, the next proclamation is -- will be for all the
veterans, ma'am.
CHAIRMAN FIALA: Oh, will it, okay. Then -- I better put my
glasses on, Jack. Thank you for being here.
I want to tell you, it was Jack -- Jack, turn around so people can
see who you are. It was Jack that spearheaded this, Jack that
encouraged it, Jack that worked with the state with Ian Mitchell, our
office manager, to push this thing forward, and I really appreciate this.
Proclamation: Whereas, on August 7, 2009, as a result of a
hostile incident while conducting combat operations in Helmund
province, Afghanistan, Marine Lance Corporal Dennis J. Burrow, at
the age of23, gave his life in the service of his country; and,
Whereas, Helmund province is situated in the southwest of
Afghanistan and is the world's largest opium-producing region and a
Ta1iban stronghold. Much of the fighting is taking place in this area,
and this hostile desert environment challenges the tenacity of our
fighting men and women with often fatal consequences; and,
Page 11
November 10,2009
Whereas, November 10th is a memorable day for Marines, as it is
their birthday being 234 years from that special day in 1775 when they
were formed, and so it gives added significance that today would be
chosen as a moment in time to honor Lance Corporal Dennis 1.
Burrow at the ultimate sacrifice he gave for our nation; and,
Whereas, today in Collier County and across our state and
country, we live out the joys and tribulations that life offers, and yet
amidst us are families we should honor who have daughters, sons,
wives and husbands protecting our great nation by putting themselves
in harm's way, and too often, as with the Burrows family, experience
the grief of loss; and,
Whereas, the Marine's prayer is, Almighty Father, whose
command is over all and whose love never fails, make me aware of
thy presence and obedient to thy will. Keep me true to my best self,
guard me against dishonesty and purpose indeed in helping me to live
so that I can face my fellow Marines, my loved ones, and The without
shame or fear. Protect my family.
Give me the will to do the work of a Marine and to accept my
share of responsibilities with vigor and enthusiasm. Grant meet the
courage to be proficient in my daily performance. Keep me loyal and
faithful to my superiors and to the duties of my country and the
Marine Corps have entrusted me with. Help me to wear my uniform
with dignity, and let it remind me daily of the traditions that I must
uphold.
If I am inclined to doubt, steady my faith; if I am tempted, make
me strong to resist; if I should miss the mark, give me courage to try
agam.
Guide me with the light of truth and grant me wisdom by which I
may understand the answer to my prayer.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that November 10, 2009,
be designated as Lance Corporal Dennis J. Burrow Day.
Page 12
November 10,2009
Done and ordered this 10th day of November, 2009, Board of
County Commissioners, Collier County Florida, Donna Fiala,
Chairman.
And Commissioners, I ask that we approve this proclamation.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: All 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?
(Applause.)
CHAIRMAN FIALA: When we finish taking pictures, go up to
the microphone.
MR. OCHS: Madam Chairman, I'm sorry. I have a correction.
This is Staff Sergeant Valentin that's with us today, that was a change
from the original agenda. I'm sorry.
CHAIRMAN FIALA: Oh. Would you say that again so we can
all hear it?
MR. OCHS: Staff Sergeant Vallentin.
SERGEANT V ALLENTIN: Yes, sir.
MR. OCHS: Thank you for being here.
CHAIRMAN FIALA: Thank you. We said your name wrong
the first time, so he was correcting that on the record.
COMMISSIONER HALAS: Thank you very much.
COMMISSIONER COYLE: Jack.
CHAIRMAN FIALA: Jack, stay for pictures. Thank you. Thank
you, gentlemen.
(Applause.)
MR. OCHS: Madam Chair, I was just advised that Mr. Elson,
who's going to receive the next proclamation, is running a few minutes
Page 13
November 10, 2009
late. So with the board's indulgence, if we can move on to the other
proclamations, hopefully he'll be here before we finish up.
CHAIRMAN FIALA: Okay, very good.
Item #4C
PROCLAMATION DESIGNATING NOVEMBER 20 - 26, 2009 AS
FARM-CITY WEEK. ACCEPTED BY CYNDEE WOOLLEY, 2009
FARM CITY BBQ CHAIRPERSON - ADOPTED
MR.OCHS: That would take us to 4C. That is a proclamation
designating November 20th through the 26th, 2009, as Farm City
Week, to be accepted by Cindee Woolley, 2009 Farm City Barbecue
chairman.
(Applause.)
CHAIRMAN FIALA: Hi. Good morning. Are you going to be
serving food, Michelle?
Ruthy, you're involved in so many things.
COMMISSIONER HALAS: Good morning. How are you?
COMMISSIONER COYLE: How are you? Good morning.
CHAIRMAN FIALA: You want us to put that on our door or in
the hallway or something? Maybe you could give one to Leo, and he
can have them put it in the hallway right there, okay. He'll do it, right,
Leo?
MR. OCHS: Yes, ma'am.
Good morning, thank you.
MS. WOOLLEY: Thank you so much.
(Applause.)
MS. WOOLLEY: Can I say a few words?
CHAIRMAN FIALA: Sure, sure.
MS. WOOLLEY: Okay. Good morning, Commissioners. My
name is Cyndee Woolley, and I am the chair of the 2009 Farm-City
Page 14
November 10,2009
Barbecue.
As you know, this event has deep roots in Collier County. It was
born in adversity in the spirit of building relationships.
The first Farm City Barbecue was held decades ago when the
farmers oflmmokalee had a bad crop season. Naples business leaders
wanted to make sure the farmers had a good meal for Thanksgiving,
so they invited them into town for a barbecue.
The following year the farming community reciprocated, inviting
the business community out to Immokalee for a barbecue. And thus,
the tradition was born.
Now, I've been involved in the Farm-City Barbecue for six years,
and even in that time we've seen our ups and downs, from a dry season
to the hurricane season of 2004 that wiped out local crops.
The barbecue is dependent on people who step up and donate
time, money, and even the vegetables and the food for the day of the
event.
This year we were deeply concerned with the financial viability
of the event, and we were fortunate to have some very generous
sponsors step up and take the lead, and I wanted to recognize them
here today.
Barron Collier Companies and Ave Maria Development have
been long-term supporters ofthe barbecue, and as the hosting sponsor,
they've incurred quite the large expense donating the location, tents,
and setup of the barbecue.
We also have a new sponsor this year, which is Waste
Management of Collier County, and they stood up as the cattle baron
sponsor this year. In addition to a significant financial contribution,
they're donating safety vests for the cycling station and waste removal
for the day.
Many more people have made significant contributions. You'll
see their names and logos on the flyers that I passed out to you today.
With this network, I'm confident we will be able to raise our goal
Page 15
November 10,2009
of $20,000, which will be donated to local youth development
programs through the Collier County 4H Foundation as well as the
Leadership Foundation.
Commissioners, I just want to thank you for your continued
support through this proclamation and through those of you who will
be serving and those of you who will be there with us in spirit on the
Farm-City Barbecue.
So thank you.
(Applause.)
CHAIRMAN FIALA: Thank you so much.
Leo, during our break, would it be acceptable for you to put one
of those flyers right on the front of the dais over here --
MR.OCHS: Yes, ma,am.
CHAIRMAN FIALA: -- so that it can be by the cameras during
the day as well as our audience.
MR. OCHS: Yep. We'll do that during the break.
CHAIRMAN FIALA: Great. Thank you very much.
MR. OCHS: Very good.
Item #4D
PROCLAMATION DESIGNATING NOVEMBER, 2009 AS
DIABETES AWARENESS MONTH. ACCEPTED BY LAVERNE
FRANKLIN, BLACK AFFAIRS ADVISORY BOARD MEMBER-
ADOPTED
MR. OCHS: Madam, that takes us to Item 4D. That is a
proclamation designating November, 2009, as Diabetes Awareness
Month, to be accepted by La Verne Franklin, Black Affairs Advisory
Board member.
(Applause.)
CHAIRMAN FIALA: You can get this now. Keep this hand
Page 16
November 10,2009
available to shake.
MS. FRANKLIN: Thank you.
CHAIRMAN FIALA: La Verne has been a long-time volunteer
in our community and a friend to all.
LaVerne, honey, take a picture over here.
(Applause.)
MS. FRANKLIN: Good morning. My name is LaVerne
Franklin, and I am the chairperson for the Black Advisory Board.
Last year we were here the same time and we also were honored with
the proclamation.
We've been working very hard during this year trying to develop
techniques, awareness programs, that will promote awareness about
diabetes.
At this time, I will update you on pretty much what we have been
doing in the last year.
Our research has revealed that diabetes continues to be a leading
cause of major health issues of all groups of all ages. The board -- we
have been collaborating with doctors, doing our own research through
technology resources and news articles and have found out that
Hispanics, African Americans and minorities are at a greater risk than
any other group.
And 24 million Americans have some form of diabetes which is
linked to obesity. We have been focusing pretty much on our
children, and it's alarming at what we have discovered.
There was an article just in this Sunday's paper. A troubling
trend in diabetes. Our society has been focusing on Type 2. We also
really need to focus on Type 1 diabetes, which people don't do lately.
Okay. It was formerly called juvenile diabetes. And girls --
amazingly, girls are having really lots of problems with diabetes. It's
increasing at alarming rates. New cases with those under age five is
estimated to double in -- by 2020.
The University of Colorado also did a research, and they are
Page 17
November 10,2009
suggesting that it may be because of the environment in which our
children are growing up in.
One medical article that we researched stated that us living in the
south is the fattest region there is. Florida is ranked 39th, with 24.1
percent of our population being obese. Almost one in five American
four-year-old is obese, which is linked to diabetes.
Living in a warm climate here in Collier County in Paradise, we
tend to drink and eat sugary foods. That is leading to obesity and
diabetes. A lot of the things that we eat are -- have hidden calories,
even juice. Our fruit juices promote tooth decay and what we call
now belly fat, hypertension, and we are having a high risk of death
through heart attack and stroke because we're not eating properly.
Also in the U.S. Press it's published that growth of fatness in this
country is alarming. And because people are diabetic, it is the hardest
thing to treat. People must consume healthier foods and drinks. Poor
neighborhoods must have quality supermarkets, and that's a real
problem, believe it or not.
Weare asking mothers to breastfeed their children. People need
to really participate in more physical activities. Their neighborhoods
need to be planned for bicycling, walking, and also more physical
activities. Changes must be made in our homes, in our communities
and in our neighborhoods.
Commissioners, please, direct your staff to re-educate the
citizens of Collier County on how to become healthier. Your directive
and endorsement is priceless. Our work plan focused on prevention
and re-education which will reduce health costs and, believe it or not,
you as Collier County -- who run the Collier County system, you
know, you can save a lot of money if people learn how to re-educate
themselves and eat better. And healthier employees cost you less
money, and they come to work.
In conclusion, the immediate goal is to bring awareness to this
major health issue, re-educate the public about dietary habits, and
Page 18
November 10,2009
encourage them to become more physically active. We hope the
county commissioners, its staff, its employees, and the citizens will
lead by example.
When you meet people professionally, socially, and privately,
talk about our health problems, obesity, and how it relates to diabetes,
its impact on adults, talk about how it impacts especially our children.
And we have one good tip for everyone, believe it or not. If you
would stop drinking one soda a day or one drink that doesn't have
sugar in it -- trust me, we've done research on this -- people could lose
up to 78 pounds a year. And we need to really focus on that.
So we need to start today to re-educate ourselves and our family
members and especially our children about being healthier citizens.
So on behalf of the Black Advisory Board, we thank you for your
consideration.
(Applause.)
CHAIRMAN FIALA: Are you going to go to E, Leo?
MR. OCHS: Mr. Elson is here, ma'am. It's your prerogative.
You can go back to 4B, if you'd like.
CHAIRMAN FIALA: Okay. Go ahead.
Item #4B
PROCLAMATION DESIGNATING NOVEMBER 11, 2009 AS
VETERANS DAY. ACCEPTED BY JIM ELSON, CAPTAIN, US
ARMY (RET)., PRESIDENT, COLLIER COUNTY VETERANS
COUNCIL - ADOPTED
MR. OCHS: That is a proclamation designating November 11,
2009, as Veterans Day, to be accepted by Jim Elson, Captain U.S.
Army retired, also president of Collier County Veterans Council.
This proclamation will be read in full by Commissioner Coyle.
Mr. Elson?
Page 19
November 10,2009
MR. ELSON: I have several other people with me that are part
of the council.
CHAIRMAN FIALA: Yeah. You have to talk into the
microphone, Jim, if you're going to --
MR. ELSON: Okay. I'm just saying--
COMMISSIONER COYLE: Madam Chair, can we have all the
veterans in the room come forward, please, for this proclamation.
Would that be okay, Jim?
MR. ELSON: Yes, sir, absolutely.
COMMISSIONER COYLE: All veterans please come forward
to accept this proclamation.
(Applause.)
CHAIRMAN FIALA: Come on over in the middle here.
COMMISSIONER COYLE: You can form multiple rows.
We're standing. We're here. Okay. Everybody positioned? Okay.
We'll have the photograph first, and then we'll read the proclamation.
COMMISSIONER COLETTA: You got to do that over. Got a
little movement in the back row. Nobody blink.
COMMISSIONER COYLE: Okay. I'll now read the
proclamation.
Whereas, each year since 1926, the United States of America has
set aside a national day commemoration to honor the men and women
who have served in our nation's Armed Forces and to express our
appreciation for their service in times of peace and war; and,
Whereas, once elevated as Armistice Day to recognize the end of
World War I in 1919, November 11 th, marks this official observance
now known as Veterans Day, which respectfully pays tribute to all our
soldiers, sailors, airmen, Marines and Coast Guard, who throughout
the history of our great nation have held a vital role in defending
America and preserving freedom and peace around the world; and,
Whereas, more than 48 million men and women have served in
our Armed Forces, from the founding days of our nation through the
Page 20
November 10,2009
current wars in Iraq and Afghanistan and the broader global war on
terrorism, and nearly half of them are alive today, including a large
number in Collier County; and,
Whereas, on Veterans Day we acknowledge with grateful
appreciation what our veterans have done, and today's men and
women in uniform are continuing to do to make America and the
world a better, safer, and more peaceful place in which to live and
raise our families; and,
Whereas, we owe an immeasurable debt of gratitude to these
special citizens, our veterans, who, through great personal sacrifice,
have defeated brutal foes, liberated oppressed people, and defended
our democratic ideals, and today we join together as one county, state,
and nation to honor the legacy of selfless contributions made by
countless military veterans.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that November 11, 2009,
be designated as Veterans Day.
Done and ordered this 10th day of November, 2009, Board of
County Commissioners, Collier County, Florida, Donna Fiala,
Chairman.
Madam Chair, I make a motion that we accept this proclamation.
COMMISSIONER HALAS: Second.
COMMISSIONER COLETTA: Second.
COMMISSIONER COYLE: Thank you very much.
CHAIRMAN FIALA: 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 21
November 10,2009
CHAIRMAN FIALA: Thank you.
And thank you so much, gentlemen, for all you do, and ladies.
(Applause.)
COMMISSIONER COYLE: Jim.
CHAIRMAN FIALA: Thank you for all you've done.
MR. ELSON: Madam Chairman and Commissioners, my
apologies for being a little bit behind schedule. We were placing the
Sherman tank, the 1938M4 that's down at the county museum. We've
moved it down to the Collier County Railroad Depot in anticipation of
Veterans Day and the USO show.
Now I have to tell you, it's not easy to move something that old,
that heavy, and I'm not referring to anybody in this room, of course.
CHAIRMAN FIALA: That's a good thing.
MR. ELSON: But we do have this Sherman tank on display
along with some other World War II vehicles, memorabilia, and the
box car from the Holocaust Museum, as well as some tremendous
entertainment. So that's the USO show.
But I have to tell you this year Veterans Day program, which I've
kind of expanded to call Armistice Day Veterans Day, because it is
the 90th anniversary of Armistice Day even though 1926 is when it
finely became law. It was in 1919, 100 years ago -- 90 years ago,
rather, that they said, my God, we should be paying attention to those
that fought in such difficult times, but more importantly that we
should be happy that it's over.
So actually Veterans Day is a celebration and not a period of
mourning as is Memorial Day, which is when we remember our dead.
So this year's program will be unlike any other from before.
There will be no speeches. Sadly, there will be no politicians except in
our audience, because the program is the program. We're honoring
Lance Corporal Dennis Burrow whose proclamation was issued
earlier, but we're doing that all through ceremony and by reading the
proclamation and exposing his name on the wall as the sixth casualty
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November 10,2009
from Iraq and Afghanistan, but more importantly, the 39th to come
from Naples.
Now, there are even two young men from Naples that died in
Wodd War I, and I tell you, in 1918, this was a small town, so that
was a high percentage.
The second part of the program is something that was given to
me or presented to me about two months ago that almost made my -- it
made my jaw drop, but it almost -- I was in total disbelief that
something could come to me but it was meant to be.
Totally preserved for 90 years, photographs, documents, battle
plans, and letters from the battlefront home to a future wife describing
first hand what happened on the day before, the day of Armistice, the
general order calling for cease fire but not to give up vigilance,
because cease fire doesn't mean peace, and then the description
thereafter and how good the soldiers felt, even though they'd been beat
to hell and been living in absolutely horrible conditions.
This collection comes to me through Mary Watkins. You may
know the name Watkins because they own the Naples Hotel. She is
85. Her father served as a First Lieutenant in the United States Army
Field Artillery in France, and this collection is his, and it's been in a
box since 1925, so it's in perfect condition.
And so we've centered the second half of the program about
remembering what actually happened on that day and, of course, we're
very blessed to have the beautiful golden voice of Peter Thomas read
these letters from the battlefield with the proper emotion that would
have been given at that time.
So it will be short, sweet, to the point, and all, all ceremony. So
I'm very proud to offer that to everyone and to everybody in our
county .
So thank you for the proclamation. We will make this part of the
program. The very first part, the very first few minutes, 25 minutes, is
all about celebration, and we're enjoining the children, the Barron
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November 10, 2009
Collier band, the different ROTC units, and the museums of the
soldiers of the past will be there, and that's when we'll be doing our
informal part. And then when we get to the formal part that pays
respect to those, it will be nice and sharp and clean.
So I thank you all very much. Thank you for the recognition, and
I hope to see you-all there. Commissioners, thank you very much.
(Applause.)
Item #4E
PROCLAMATION DESIGNATING NOVEMBER 10, 2009 AS
KEEPING COLLIER NEIGHBORHOODS CLEAN AND SAFE
DAY. ACCEPTED BY BRIAN DAVENPORT, SARAH
DAVENPORT AND MATTHEW HAYES - ADOPTED
MR. OCHS: Ma'am, your next item is 4E, it's a proclamation
designating November 10,2009, as Keeping Collier Neighborhoods
Clean and Safe Day, to be accepted by Brian Davenport, Sara
Davenport, and Matthew Hayes. They are also each receiving a
plaque from Collier County Public Utilities Division Solid Waste
Department.
(Applause.)
CHAIRMAN FIALA: Let's give them the plaques first.
COMMISSIONER HALAS: Where's Brian? Thank you.
Congratulations.
CHAIRMAN FIALA: And then I also have a proclamation for
you. Who would like to hold that one? Okay, Brian. There you go.
There you go.
(Applause.)
CHAIRMAN FIALA: Would you like to say a few words? Dan,
would you like to say a few words and explain this?
MR. RODRIGUEZ: Sure, Commissioners. The recognition is
Page 24
November 10,2009
for these three youngsters who did a great job in cleaning up their
neighborhood and community and organizing a cleanup, a
neighborhood cleanup, which the board sponsors throughout the year.
And we just wanted to recognize the young individuals for their
strong commitment to keeping Collier beautiful.
CHAIRMAN FIALA: Which neighborhood did they clean up?
MR. RODRIGUEZ: Golden Gate.
CHAIRMAN FIALA: Oh, that's wonderful.
(Applause.)
MR. OCHS: Thank you.
CHAIRMAN FIALA: You're learning so young about
community involvement, wow. Thank you, folks.
Item #4F
PROCLAMATION DESIGNATING NOVEMBER 15, 2009 AS
AMERICA RECYCLES DAY IN COLLIER COUNTY.
ACCEPTED BY STAFF FROM COLLIER COUNTY UTILITY
BILLING CUSTOMER SERVICE, SOLID WASTE
MANAGEMENT DEPARTMENT, WASTE MANAGEMENT,
INC. AND KEEP COLLIER BEAUTIFUL - ADOPTED
MR. OCHS: Madam Chair, 4F is a proclamation designating
November 15,2009, as America Recycles Day in Collier County, to
be accepted by staff from Collier County Utility Billing Customer
Service, Solid Waste Management Department, Waste Management,
Incorporated, and Keep Collier Beautiful.
(Applause.)
CHAIRMAN FIALA: That was wonderful that you guys went
out and cleaned like that. I hope more youth of our community learn
from you.
(Applause.)
Page 25
November 10,2009
Item#5B
CLAY CROSS, PROJECT MANAGER OF ASTALDI
CONSTRUCTION CORPORATION, WILL PROVIDE UPDATED
INFORMATION ON THE SANTA BARBARA BOULEVARD
EXTENSION PROJECT #60091, A 6-LANE HIGHWAY
BETWEEN RATTLESNAKE HAMMOCK ROAD AND DAVIS
BOULEVARD LINKING POLL Y AVENUE TO THE EXISTING
SANTA BARBARA BOULEVARD. PROJECT INCLUDES
ROADWORK, UTILITY LINES, STREETLIGHTING,
SIDEWALKS, DRAINAGE PONDS, AND LASIP CANAL WORK
- PROJECT UPDATED AND HAS A FINISH DATE OF MAY 25,
2010
MR. OCHS: Commissioners, that brings us to Item 5B,
presentations. This is a presentation from Clay Cross, the project
manager of Astaldi Construction Corporation, to provide information
on the Santa Barbara boulevard extension project.
Mr. Jay Ahmad, your construction engineering manager and
director, will begin the presentation.
MR. AHMAD: Madam Chair, good morning. For the record,
again, Jay Ahmad. I'm your director of transportation engineering and
construction management.
With me this morning is Clay Cross with Astaldi Construction.
Astaldi Construction is the contractor that's building our roadway,
Santa Barbara extension from Rattlesnake Hammock north to Davis
Boulevard.
The project is taken -- it's a six-laning of a new six-Ianing
extension of Santa Barbara that will take Santa Barbara south to
Rattlesnake Hammock.
I'm pleased to inform you that the project is on schedule and it's
Page 26
November 10, 2009
within budget. We've had one change order to add a right turn lane for
CVS, a proposed development on the corner there, as well as some
changes to stormwater. But the project still remains on schedule.
And I'll let Clay Cross present the project to you.
MR. CROSS: Good morning, Commissioners. My name is Clay
Cross. I'm with Astaldi Construction. We're constructing the -- it's a
Santa Barbara extension project, and it's construction of a six-lane
highway between Rattlesnake Hammock and Davis Boulevard. It's
linking Polly Avenue to the existing Santa Barbara Boulevard project.
It includes roadwork, utilities, street lighting, sidewalk, drainage
ponds, the LASIP canal work.
We have some aerials here that we're trying to put up for you
guys. As you'll see -- there we go. This is the first phase of the
project, which is Davis Boulevard to the north there. At this portion
of the project, all of our curb is in, sidewalks, our base rock, all of our
drainage improvements are in.
And this portion of the project here, we anticipate putting asphalt
down in the next two weeks.
I'll put up a second aerial here which will basically layout the
second phase ofthe project. This project -- this portion here will fall in
line with the first phase. Our curb is going in, our subgrade is going
in, along with the LASIP canal improvements there. You can see it
through the north end up here. All of our control structures are there,
our weirs are in, and our canal is in.
This portion of the project is almost complete barring just a few
maintenance roads and a few other odds and ends that need to be done
in that area.
This last photograph of the aerial is over all the project, but it's
the south end. Majority of our drainage is in down there. We're tying
in our utilities to Rattlesnake Hammock, and we also have a few other
small areas here that we complete with some ladles coming across,
and the -- also the trunk line is a 54-inch drainage line that's the major
Page 27
November 10, 2009
portion of that work.
What we'll do is we'll construct it with the rest of our utilities
tie-ins, we'll switch traffic, and then we'll finish construction down
here, and this will finish off the project.
Basically the Santa Barbara extension project is on schedule, it's
on budget, and barring unforeseen issues, Astaldi Construction will
complete the third project for Collier County.
Is there any questions?
CHAIRMAN FIALA: Commissioners?
COMMISSIONER HENNING: Just a --
CHAIRMAN FIALA: Yes.
. COMMISSIONER HENNING: Just a comment.
MR. CROSS: The final completion date is May 25th.
CHAIRMAN FIALA: May 25th.
MR. CROSS: Yes, ma'am.
COMMISSIONER HENNING: I've been watching the project,
and very happy to see the progress.
MR. CROSS: Thank you. We're doing our best.
COMMISSIONER HENNING: Yeah. I was quite surprised to
see that asphalt's going down already, so --
MR. OCHS: They're moving right along, sir.
COMMISSIONER HENNING: Moving right along.
MR. CROSS: This is the first phase through there, and it will
basically follow pursuit through the rest of the project in the same
manner.
CHAIRMAN FIALA: We're so pleased really . You guys are
doing a tremendous job. Thank you.
MR. CROSS: We look to be here for a long time, so thank you.
MR. OCHS: Thank you.
CHAIRMAN FIALA: Good. With that kind of work
performance, I think you will be.
MR. CROSS: Yes, ma'am.
Page 28
November 10, 2009
CHAIRMAN FIALA: Thank you.
MR. OCHS: Commissioners, that takes us to Item 6.
CHAIRMAN FIALA: Oh, I have to stop you, Leo, for just a
second.
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: Sue reminded me that we needed a
motion to accept all of the proclamations.
COMMISSIONER HALAS: Motion to accept all the --
COMMISSIONER COLETTA: Second.
COMMISSIONER HALAS: -- proclamations that were not read.
CHAIRMAN FIALA: And were read, some of them apparently
COMMISSIONER HALAS: We already approved them.
CHAIRMAN FIALA: That's what I thought, but Sue said we
didn't so--
,
COMMISSIONER HALAS: Only the ones that weren't read.
CHAIRMAN FIALA: Okay.
COMMISSIONER HALAS: I make a motion that we do that.
MS. FILSON: Correct.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Okay. All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Very good. Thank you. We cleaned that
up.
MR. OCHS: Thank you, ma'am.
CHAIRMAN FIALA: Go ahead, Leo. I'm sorry.
Page 29
November 10, 2009
Item #6A
PUBLIC PETITION REQUEST BY LYNN SMALLWOOD
MCMILLIN TO DISCUSS WAIVER FOR OFF-PREMISE
SIGNAGE FOR THE TED SMALLWOOD'S STORE, INC.,
CHOKOLOSKEE, FL - MOTION DIRECTING STAFF TO
OBTAIN A HISTORICAL DESIGNATION FOR THE SIGN AND
TO BRING THE ITEM BACK AT A FUTURE MEETING -
APPROVED; MOTION TO PLACE HOLD ON CODE
ENFORCEMENT CASE AND PUT THE SIGN BACK UP -
APPROVED
MR. OCHS: 6A is a public petition request by Lynn Smallwood
McMillin to discuss waiver of off-premise signage for the Ted
Smallwood Store, Incorporated, in Chokoloskee, Florida.
MS. McMILLIN: Hi, I'm Lynn Smallwood McMillin, and I'm
with the Smallwood Store Museum in Chokoloskee.
I'm hoping that you can help us with the assistance of keeping
our signage in place in Chokoloskee. Chokoloskee is zoned village
residential. And for you that are not familiar with Smallwood's Store,
it's one ofthe oldest historical sites here in Collier County, and it's
pretty much at the end of the road, so the signage is very important to
it.
They issued a code violation for off-premise directional signage,
and we're going to have to remove the signage if we can't get some
help with trying to keep it.
This is the second time there's been a code violation for
off-premise signage. And the last time they sent us a letter from the
code enforcement allowing the signage, and now I guess code
enforcement is saying that they didn't have the authority to issue us a
letter that said that we could keep the signage back in, I think it was
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November 10, 2009
2003 when this happened.
So I don't know if you have any questions.
CHAIRMAN FIALA: Commissioners Coletta?
COMMISSIONER COLETTA: Yeah. May I start with Joe
Schmitt, please?
You're right, this has been around for a long time. I'm sure
everyone has been down to Chokoloskee and been to the Smallwood
Store. If you haven't, shame on you. But it would be very difficult for
someone from the outside to find.
Mr. Schmitt, this is a unique situation. What started this code
enforcement action?
MR. SCHMITT: For the record, Joe Schmitt, administrator of
community development, environmental services division.
The code enforcement case was an anonymous complaint from
one of the residents or one of the business owners in Chokoloskee, and
it -- being that, enforcement opened a case.
The sign is located in -- on a village residential property. Even if
it were to be -- to get a variance, you cannot have an off-site or an
off-premise sign on residential property. It must be on commercial or
ago property.
I have aerial photographs that show the sign was not in place in
2004,2005,2006,2007. It wasn't there until 2008, so --
COMMISSIONER COLETTA: Was it there prior to those
dates?
MR. SCHMITT: I went back several years. It's 2008, 2009 the
sign appeared. The sign that was referenced with the other case, it --
best that we can put together, that sign that was referenced and where
the code case was at least suspended or not prosecuted, it was -- the
sign must have been in a different location because it --
MS. McMILLIN: It was on -- there are two corners on
Chokoloskee, and it was on the other corner that we had signage. The
original sign where the problem is now was a much smaller sign, and
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November 10,2009
the hurricane blew it down. And then -- so we moved that sign to the
other corner because it was damaged, too, and we had it repainted.
And then we -- there was signage done with the Florida Heritage
Program, and they provided signage for the store as well as other
historical sites statewide.
And when they came down to install the signage on Chokoloskee
__ because it starts at 29 and 41 and goes south. And they had two
signs, one for each corner on Chokoloskee that are in question now.
And there were signs there already. The signs that are in violation.
So we didn't install the signs at that time because it wouldn't be --
we didn't need two signs on two corners.
COMMISSIONER COLETTA: Right. Those historical signs
are covered under Florida Statutes and --
MS. McMILLIN: With state, and they just left the signs with us
because, you know, they were already made up. They were nice.
COMMISSIONER COLETT A: Would those signs work for you
in place of the big one, or --
MS. McMILLIN: Well, we had a hurricane and one did blow
down, so we only have one sign left, and that's on the one corner that
was originally done for code violation. The sign that is in question is
the same sign. It's just been moved from one corner to the other.
COMMISSIONER COLETTA: Yeah. No, I understand. The
thing --
MS. McMILLIN: And the signage was initially funded through
the State of Florida through the historical programs.
COMMISSIONER COLETTA: Mr. -- Jeff Klatzkow, the county
attorney, can you advise us what our options are here as a
commission?
MR. KLATZKOW: Yeah, and I think Mr. Feder can help you
out, too, on this one.
We could put a historic marker in the -- in our right-of-way right
there. Those would be those brown signs that you see on occasion.
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November 10,2009
We could do it that way, or we could have a -- an official Florida
historical marker placed pretty much anywhere, including where it is
right now so that, you know --
COMMISSIONER COLETTA: Would that work or no?
MS. McMILLIN: Anything will be of help, you know, but it's
just -- you know, the sign was very expensive, and it's a very nice
sign, and there aren't that many businesses on Chokoloskee. It was
there before there was ever any ordinances, our village residential
designation. I was hoping maybe they could grandfather it in or
something. I don't know.
MR. KLATZKOW: Joe, my understanding--
MR. SCHMITT: Apply for a variance.
MR. KLATZKOW: My understanding is that they could put in
the state sign there as it is.
MR. SCHMITT: Correct.
MR. KLATZKOW: So the only thing we're talking about is you
don't have an official state sign over there.
MR. SCHMITT: Right. It's already designated as a historical
site.
MR. KLATZKOW: Right.
MR. SCHMITT: It qualifies for the historical signs.
MR. KLATZKOW: So right now we could put up that historic
state sign exactly where it is now.
MR. SCHMITT: That's correct. Best of my reading of the code,
it qualifies. It already -- there are already historical markers that direct
you to that historical site, and one could be placed at that corner.
MR. KLATZKOW: So what we're talking about is putting -- I'm
not even sure what we're talking about. You can put a sign there.
COMMISSIONER COLETTA: Yeah. Well, Lynn, here's the
problem, is that there has been a complaint, and there's a couple of
other people that haven't put complaints in place. But they see a
problem with the character of the neighborhood and the signs. Now,
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November 10,2009
while the vast majority of people in Chokoloskee are very supportive
of Smallwood Store, there are people that have objections to it, and
the letter of the law sometimes can be a problem.
One of the things I might suggest is that we come up with a
three-year allowance to be able to give that amount oftime for this
sign to be replaced with a historical sign, and that would be able to
work out all the details and make sure everything's in place. That
would be my suggestion to make.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yeah. I'm somewhat concerned
that this is an ongoing code enforcement case, and obviously since it's
an ongoing code enforcement case, I don't think we should be getting
involved in this. We trust the people who work for us as far as a code
enforcement issue. And I think that the problem can be solved with a
historical marker, and it sounds to me as though -- that you have
possession of that historical marker.
MS. McMILLIN: I did, but we--
COMMISSIONER HALAS: So I think that solves the problem
here, providing if it falls in the guidelines of our -- of the issue in
regards to enforcement. So that's where I stand on this issue.
I don't want to start circumventing our code enforcement and
their ability to do their job. And so I have some concerns on this.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: What does the historical sign look
like? Is it one of those little small signs like this?
MR. SCHMITT: Yes, sir. It would be a brown, typical
state-approved historical sign. I do not have a picture of it.
MS. McMILLIN: I do.
MR. SCHMITT: It basically would identify --
COMMISSIONER COYLE: It's a very small sign.
COMMISSIONER COLETTA: Would you put it on the
visualizer, please.
Page 34
November 10,2009
COMMISSIONER COYLE: This sign that's on the screen right
now I know has been there for a long time.
MS. McMILLIN: It's been repainted three times. It's about 15
years old.
COMMISSIONER COYLE: Okay.
COMMISSIONER HALAS: We just had a picture showing it
wasn't there.
COMMISSIONER COYLE: You know, in my opinion, that sign
that you're showing us now doesn't do the job for them. It really
doesn't tell them -- anybody what Smallwood Store is and what
services are provided. Is there something that can be done that will
accomplish that goal?
MR. SCHMITT: Well, just so you understand, Commissioner,
the citation was issued to Mr. --
MR. McALPIN: Ruiz.
MR. SCHMITT: -- Ruiz, who is the property owner. That's
private property, it's a residential lot, and the sign is on his property.
Now, I have no idea what the arrangement is between the Smallwoods
and this individual, but it's on his property, and it's on a residential lot.
It would be -- by code, it would have to be an off-premise sign. It
would be subject to 12-foot -- 12 square feet and no more than eight
feet in height for an off-premise sign.
But the -- your question regarding, would the other sign be
sufficient, that's for the board to determine. That's -- issue here is, it is
in violation of the code. If the board chooses to make another
decision, we'll do whatever -- at the board's direction. But it is a valid
code case, and the citation was issued to the property owner for the
placement on the sign on private property.
COMMISSIONER COYLE: Well, I presume you got Mr. Ruis'
MS. McMILLIN: Permission, yes, sir.
COMMISSIONER COYLE: -- approval to put it there. The
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November 10, 2009
perfect solution in my opinion would be for the board to designate this
sign as a historic sign and leave it there, but I don't know if that's an
acceptable solution.
MS. McMILLIN: That would be wonderful.
MR. KLATZKOW: That's not part of the process.
COMMISSIONER COYLE: Yeah, I know.
CHAIRMAN FIALA: Okay. I'm next.
COMMISSIONER COYLE: Okay.
CHAIRMAN FIALA: And I think that's a great solution
actually. I moved here in '74, and the first -- very first sightseeing I
ever did was down at Smallwood, and there was a lady in there
ironing on an ironing board, and she had a cot in there. It was the
coolest thing. And so I'll always remember the Smallwood Store.
And so the history -- the history behind it, I think, is some- -- we
don't have much history here in the Collier County, so it's great to
preserve anything we can. And this sign leads us to it, and so I don't
have a problem with your suggestion, Commissioner Coyle.
COMMISSIONER COYLE: And believe me, there's no way
you'd find your way to the store without signage.
MS. McMILLIN: Without the sign, yeah.
COMMISSIONER COYLE: And there's no way you'd know
what the store is or what it provides without something to tell
somebody that, and I would like to find a better solution for you.
CHAIRMAN FIALA: Commissioner Henning?
MS. McMILLIN: Thank you.
COMMISSIONER HENNING: Yeah, I -- I agree that there's
only so much history we have left, and if we don't recognize it and
promote it, you know, what do we have? And one doesn't fit all. I
mean, perfect example, remember the Jungle Larry's sign.
COMMISSIONER COYLE: Yeah, yeah, on 41.
COMMISSIONER HENNING: On 41. I mean, it's been there
for ages. And I mean, that's the history of Collier County. So what's
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November 10, 2009
the harm? How do we get it done?
MR. KLATZKOW: You could direct county staff not to pursue
the code enforcement action. That's how you get it done.
COMMISSIONER HENNING: Yeah, don't do it. Let's have the
SIgn.
CHAIRMAN FIALA: Commissioner Coyle? Yes, I have two
people in front of you.
COMMISSIONER COYLE: I know, I know. It's okay. I was
just kidding you.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: I thought that a few years ago we
were in the process of trying to figure out a best way to come up with
signage. I think this is somewhat overdone. If you had just the
Smallwood Store and the direction -- but what you have here is you've
got other additional advertising that's not even on the premises itself.
So I'm not in favor of this, and I'm not in favor of going against
our Code Enforcement Board in regards to this. So I guess I'll be the
lone wolf on this.
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yeah, and I got to be honest
with you, that's why we sit here is to be able to make these judgment
calls to be able to see what's in the best interests of the community.
Question. Can we -- can we decree today what to do, or do we
have to bring this back? Because there is the issue of the signs below
that that doesn't quite fit into it. And you know, not that I have a
problem with it, but, you know --
MR. KLATZKOW: Your typical policy, sir, is to bring things
back, but in the past you've simply directed staff from the dais. So it's
up to you guys; it's your discretion what you want to do.
COMMISSIONER HALAS: I think we ought to bring it back
for discussion. I think we ought to bring it back for discussion.
COMMISSIONER COLETTA: Well, here's the only concern I
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November 10, 2009
got. I mean, I'm 100 percent for the sign. My concern is that due
process, that there may be some people -- there may be a number of
people, there may be no people, within Chokoloskee that may have an
issue with this.
And, you know, 1-- if we end it all now -- and also, too, I'd like
to be able to come up with some sort of definition. The museum is
one thing. Other businesses in the neighborhood are another. You
know, I mean, as important as every business is. And who gets a say
over what business gets to go on the sign and who doesn't? That
raises a little bit of an issue that I'm concerned about.
CHAIRMAN FIALA: So do I hear a motion then to bring it
back for discussion?
COMMISSIONER COLETTA: Bring it -- I'd like to bring it
back but, you know, with the idea that we want to have the
Smallwood Store sign preserved as a historical sign, recognizing a
historical sign. Commissioner Coyle came up with a very good idea in
that direction.
But I would like to be able to find out how we stand on the other
advertising that's below it. Did that cover all the industries within
Chokoloskee? If somebody else comes along, would they have to be
added to it? If we got more than four or five and we couldn't fit them
on the sign, where would they go to get their fair share of this whole
thing?
CHAIRMAN FIALA: So your motion is?
COMMISSIONER HENNING: Have somebody stand up and
hold a sign.
COMMISSIONER COLETTA: That works, too. You could
always pay one of these people from a third-world country to hold a
sIgn.
CHAIRMAN FIALA: So your motion is, sir?
COMMISSIONER COLETTA: To bring it back.
CHAIRMAN FIALA: Okay.
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November 10,2009
COMMISSIONER COLETTA: With direction to the staff to
work around the idea of making the Smallwood Store a -- sign a
historical sign.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay, I have a second.
And Commissioner Coyle?
COMMISSIONER COYLE: Yeah. And I think that's the key
point. I agree with Commissioner Halas that we need to control our
sign ordinance, and we shouldn't create a lot of exceptions to it. But if
we can't -- we can establish signage for historical purposes for a very
limited category, then we can preserve this without creating big holes
in our sign ordinance, and I think that's the way we should go. And by
the way, the gift shop is at the Smallwood Store, I think, isn't it?
MS. McMILLIN: Yes.
COMMISSIONER COYLE: It is the Smallwood Store.
MS. McMILLIN: It is in the Smallwood Store.
COMMISSIONER COYLE: Yeah. And the best values are
there, too, right? And there's sightseeing and there's boat tours from
that area.
MS. McMILLIN: The Smallwood Store.
COMMISSIONER COYLE: So I don't have much of a problem
with that as long as we deal with it from the standpoint of something
of historical significance so that we're not creating a lot of exceptions
to our sign ordinance. And so I would support bringing it back with
direction to staff to bring it back as a historical issue only, okay.
COMMISSIONER COLETTA: That's the motion.
CHAIRMAN FIALA: Okay. And a second.
MS. McMILLIN: I'm sorry. But at the moment we had to
remove the sign because they threatened $l,OOO-a-day fine, so it's not
in place at this time. How much longer will it be before we know --
COMMISSIONER COLETTA: We can direct staff to --
COMMISSIONER COYLE: Put it back.
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November 10, 2009
COMMISSIONER COLETTA: -- put it back, and staff stand
down until we settle this at the next meeting.
MS. McMILLIN: I see. Because right now there is no signage
on the corner.
COMMISSIONER COLETTA: That's part ofthe motion.
COMMISSIONER HALAS: That's not part of my second.
COMMISSIONER COYLE: Well, if we've got three votes on
the council to --
COMMISSIONER COLETTA: We still need a second. Just say
second, make it easy.
COMMISSIONER COYLE: Well, wait a minute. I think we
ought to have code enforcement put the sign back.
CHAIRMAN FIALA: That's what Commissioner Coletta said.
COMMISSIONER COLETTA: Well, no, no, I don't know about
that. Who knows? It might be upside down when they put it back.
Let's put the --
COMMISSIONER HENNING: I'll help.
COMMISSIONER COYLE: Okay. Well, hold the enforcement
in abeyance until we make a final decision.
CHAIRMAN FIALA: Okay. So he has a motion on the floor,
but he added to it. The motion -- the second did not agree with it.
COMMISSIONER COYLE: The second -- well, wait a minute.
COMMISSIONER HALAS: I agreed to the first part of the
motion --
COMMISSIONER COYLE: Yeah.
COMMISSIONER HALAS: -- but to reinstall the sign, I did not
agree with that until we bring this back and get some clarification on
the direction we need to go.
COMMISSIONER COYLE: Okay. Let's divide it into two
parts. Let's go with the first part that Commissioner Halas agrees
with.
CHAIRMAN FIALA: Okay.
Page 40
November 10,2009
COMMISSIONER COYLE: Take a vote on that, and then I'll
make -- or Commissioner Coletta can make a motion to permit the
sign to be placed until we resolve this.
COMMISSIONER COLETTA: So I restate my motion to
remove the last addition.
CHAIRMAN FIALA: So your motion is to just bring this back.
COMMISSIONER COLETTA: Bring this back and direct staff
to bring it back as a historical sign, and we're also addressing the
issuing ofthe signs below it, too.
CHAIRMAN FIALA: Okay. And that was your second?
COMMISSIONER HALAS: Yes.
CHAIRMAN FIALA: Okay. And did you want to comment on
this?
COMMISSIONER HALAS: Yes. I think what we need to do is
when staff is looking at this is to give us clarification of exactly what
is on the historical sign that is -- that the state provides, and that may
be enough to take care of the issue that we're discussing at the present
time instead of going through a whole series of sign ordinance
changes. That alone may be enough to take care of what the issue is
here in case -- because there may be a way that the state can put an
arrow or something of this nature pointing to that direction to where
Smallwood Store is. So I think that that needs to also be brought up in
the discussion when this comes back to the board.
CHAIRMAN FIALA: Okay. So I have a motion on the floor
and a second.
Yes, County Manager?
MR. OCHS: Commissioner, just to be clear. It will take some
time for us, if I understand the board's direction, to come back with a
proposed amendment to your sign ordinance that adds some type of
signage for local historic places or designations. So we're going to
hold the code case in abeyance pending that coming back to the
board?
Page 41
November 10, 2009
COMMISSIONER COYLE: That depends upon the next motion
that Commissioner Coletta's going to make.
CHAIRMAN FIALA: Okay. I have a motion on the floor 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?
(No response.)
COMMISSIONER COLETTA: Yes, and I'll make a motion that
we hold the enforcement of this until that point in time that the
commission can hear it at the next meeting and make a decision, that
the sign be allowed to be put back up.
CHAIRMAN FIALA: Okay. Do I hear a second?
COMMISSIONER COYLE: Yes.
MR. SCHMITT: Just for correction, Commissioner. We're
already doing executive summaries for your next meeting, so it will be
probably a couple meetings before I bring this back.
COMMISSIONER COLETTA: Okay.
MR. SCHMITT: The staff will put together the executive
summary and provide all the backup.
COMMISSIONER COLETTA: But meanwhile we're not going
to impede their ability to do business?
MR. SCHMITT: Correct, we will not. And I'm surprised that
the sign has been removed, because there's been no direction to
remove the sign. And Sherry basically said it was up a couple of days
ago, so --
MS. McMILLIN: It hasn't been up since November 1st.
MR. SCHMITT: Oh, okay.
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November 10, 2009
MS. McMILLIN: And it was due to her instructions that we take
it down.
COMMISSIONER COLETTA: Okay. Well, we're going to
rectify that hopefully in this next vote.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second. Is everybody clear on the motion?
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: 4-1 vote, thank you.
Thank you-all.
Move on to the next.
Item #6B
PUBLIC PETITION REQUEST BY GEORGES CHAMI TO
DISCUSS ZONING ISSUE AT 7770 PRESERVE LANE-
MOTION DIRECTING STAFF TO GET AN OFFICIAL
INTERPRETATION FOR USES, ZONING AND PARKING
W/STAFF TO BRING BACK TO FUTURE MEETING-
APPROVED
MR. OCHS: Yes, ma'am. 6B is a public petition request by
George Chami to discuss a zoning issue at 7777 -- excuse me -- 7770
Preserve Lane.
MR. CHAMI: Good morning.
COMMISSIONER COYLE: Good morning.
MR. CHAMI: For the record, my name is George Chami. I'm an
Page 43
November 10,2009
owner -- business owner on 7770 Preserve Lane in Naples. I was in
front of you a few times, and thanks a lot for all your help you
provided me over all these years.
I'm in front of you today with regard to one business I have,
which is the U-Haul business. We opened for business in April, 2002.
And in August, 2003, we added another business, which is --
COMMISSIONER COYLE: This side conversation is a little
distracting here.
COMMISSIONER HALAS: Maybe you ought to take it outside.
CHAIRMAN FIALA: Thank you.
MR. CHAMI: Thank you very much.
So basically in April, 2002, we opened for business. In August,
2003, we added another business to it, which is a U-Haul rental
operation.
Through the years, unfortunately from 2006 to 2007, our
business went down by around 37 percent overall. From 2007 to 2008
our business went down by around 24 percent on top of the 37
percent.
We went from 37 employees to 17 employees. Never fired
anybody. We just never replaced anyone who left. Extremely hard
time for us to survive in this particular time, like everybody else in
town.
Unfortunately for a reason, we had a unanimous complaint with
regard to the U-Haul business, such as the U-Haul is not allowed to be
in this particular place or we have too many parking taken by the
U-Haul.
Meanwhile, the U -Haul business itself never really took too
much parking over the six years we were in business. I understand
lately we were a little bit overboard. And mainly for very simple
reason. We had few businesses we had to shut. Going from 37
percent, 24 percent down, and from 37 employees to 17 employees,
we had to shut few businesses. Like, for example, the barbecue place
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November 10, 2009
we shut down; the pizza sit-down business we shut down; we shut
down the breakfast, Uncle Joe; we shut down the coffee shop, the
coffee shop, second (sic) ground coffee shop, we shut down. The
bakery retail place as well.
So basically we have too many places as well inside where we're
being shopped (sic). We went from around 2,000 -- or potential 2,000
customer per day to day to around 800 customer a day right now.
Unfortunately, many people are moving out, mainly the people
are changing home or being for many reasons, as you know. So
basically our U -Haul business get a little bit better than it used to be
before. Right now we have around 300 percent increase in the U-Haul
business from what we had in 2007 to what we have right now in
2009, which is great.
Unfortunately, it seems that our U-Haul business is -- should be
only permitted into the C4 zoning, and our business right now is in the
C3 zoning. So we talked to Mr. Schmitt. Mr. Schmitt said he does
not have any problem to -- I don't want to put word in his mouth. But
basically the meeting I had with him -- to give us enough time, around
three years, to be able to rezone this property.
The problem is, we are a PUD, and the problem is, zoning is very
expensive and very time-consuming.
I'm coming in front of you to ask you for -- respectfully to ask
you to allow this business to stay as an ancillary use. Frankly, I don't
know in 2003 if it was allowed or not. We went through the zoning or
the acceptable uses at that time. I could not see anything forbidding
us to do it.
I understand that the C3 does not allow exterior storing -- storage
and exterior equipment storage, and staff understand that U-Haul is
equipment storage; therefore, we're not allowed to have the U-Haul.
We're allowed to have the U-Haul inside to be able to do transaction,
but we're not allowed, it seems, to have the trucks outside.
For over six years, we never had one complaint. In fact, we had
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November 10,2009
a violation, and directed that the trucks be removed. That was the
direction of the enforcement board.
CHAIRMAN FIALA: Thank you.
Commissioner Henning.
COMMISSIONER HENNING: Jeff, this is in the Olde Cypress
PUD?
MR. KLATZKOW: Yes, sir.
COMMISSIONER HENNING: I'm sure you're aware of the
recent action by the courts. Does that -- does that action stay until the
higher courts rule on it?
MR. KLA TZKOW: That action involved the preserve issue.
This is a different part of the PUD, so --
COMMISSIONER HENNING: It is a different part of the PUD,
but there -- I mean, it -- what the judge basically said is that the county
cannot change the interpretation of the PUD. And there's a reason
why I'm saying that. So I still would like an answer to my question.
The reason I'm saying that is -- and I'll read you out of the PUD
__ all commercial permitted by right in C3 commercial intermittent
district under Section 2.2.14 of the Land Development Code.
Obviously that is the old 2001-104 code. It also says -- which we
have moved (sic) from many of the PUDs, but this one still exists in
this PUD -- any other commercial uses or professional services, which
is comparable in nature with the foregoing use.
I don't know what the word comparable means, but I can tell you,
gas station, historically, has U-Hauls.
So I think we really need to understand what the action of the
courts mean.
MR. KLATZKOW: Well, you've got a gas station on Davis and
Airport that also does rental of trucks, I know, and that fits with your
argument.
If it be -- if you'd ask me to bring this matter back, let me look
into this, because you raise an interesting point.
Page 47
November 10, 2009
COMMISSIONER HENNING: What I would like to know is,
what is comparable with the existing use historically, not -- in
particular, the -- I'm not sure of the zoning that you're talking about or
whether it fits the zoning. But in my travels I see a lot ofU-Hauls or
rental trucks associated with service station and gas station, and that's
what I want to know.
So I would like to make a motion to bring this -- for the county
attorney and our zoning department to work together and bring it back
to answer the question about comparable uses.
COMMISSIONER COLETTA: I'll second that, the fact that,
whenever there's reason for doubt, you should bring it back for
discussion.
CHAIRMAN FIALA: Joe, did you --
MR. SCHMITT: Oh, I was going to recommend, probably the
best way to do this is through an official interpretation. Ifthat's what
the board directs, we do an 01, which would be the way to do this, do
a zoning review, review the records, and then make a judgment, bring
the 01 back to the board as an official interpretation. If that's --
COMMISSIONER HENNING: Well, I'm looking at the order
and, you know, I -- of the courts, and I'm trying to go by memory of it.
One of the arguments was, is the Board of County Commissioners
can't ask for an official interpretation.
MR. KLATZKOW: We can do this by an 01 or I can give you a
legal opinion. It's the board's direction.
MR. SCHMITT: There's a long history on this property, whether
it's -- and George well knows, it's convenience store with gas station.
It is not just a gas station. It's basically a convenience store, and we've
been down that road as well.
And so we just have to be careful that this board made previous
decisions in the past based on the application of impact fees. This
property goes back many years as a discussion as to what the ruling
was. And so we -- we need to address that for the history of this
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November 10, 2009
property in regards to the application of the -- of the code as well and
compatibility with surrounding properties. So I just want to make sure
that we put that on the record.
COMMISSIONER HENNING: Okay. Well, let's hear --listen
to what I said.
MR. SCHMITT: Yes, sir.
COMMISSIONER HENNING: This is the ordinance that
governs the property: Any other commercial uses or professional
services that are comparable with the nature of the foregoing uses. It
doesn't say, comparable with the surrounding uses.
MR. SCHMITT: Correct, but the issue also is sufficient parking
on the site as well for the businesses.
COMMISSIONER HENNING: Is it a use? I understood it to be
a use thing from your statement earlier.
MR. SCHMITT: It is a -- the proper use for the zoning that's
allowed on -- that's on site.
COMMISSIONER HENNING: Okay.
MR. SCHMITT: Yes, sir.
COMMISSIONER HENNING: Yeah, that's what I understood
you said.
CHAIRMAN FIALA: Okay. Commissioner Coletta,
Commissioner Halas is first.
COMMISSIONER COLETTA: Okay. As long as we're not
going to vote on the motion until I can ask questions.
CHAIRMAN FIALA: Oh, no. Too many people want to ask
questions.
COMMISSIONER HALAS: Yeah. I'm somewhat concerned on
this because I believe that this piece of property has convenience
store, dry cleaners, et cetera, and I believe that when all of this was
brought before us, that we wanted to make sure that there was
adequate parking for all businesses that were on this premise.
And obviously, unless they've had extra parking space to put
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November 10, 2009
these trucks, then obviously they're encroaching on the other
businesses that are in -- in this confine of this gas station, and I have
some concerns in regards to moving forward on this to where we have
some -- have problems whereby other businesses in here may not be
afforded the amount of parking space that is entitled to them.
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. Well, I would assume if
we're going to bring it back that we would have plenty of time for an
assessment to be done, and the businesses there that may have a
problem with it to also come forward.
Also, we've got to recognize the fact that we already heard a
number of businesses have been shut down, which is -- in this
economy is pretty normal and that -- I know what U - Hauls are all
about. I used to be a dealer for probably about seven, eight years, and
it can be a lifeline in troubled times. You know, it's a lot of work, but
it does give a source of income, and it might be able to hold his
business together until times return.
We might want to ask for two different -- go two different
avenues, one, get a determination from Jeff and also an official
interpretation from community development. It wouldn't hurt to see if
__ how the -- both of them weigh out. That would be something I
would want in the motion to be able to make a judgment decision
when the time comes, have both entities to be able to balance against
what's out there.
Also, I'd like to be able to hear back when this item comes back
from maybe the tenants within the building if they see this as a
deterrent to them being able to do business, or it might be an attractor,
too.
MR. KLATZKOW: Commissioner, the official interpretation is
not going to differ from my opinion because part of the official
interpretation process is the input from the county attorney, and so
you're not going to get two opinions. You'll get the one with the
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November 10,2009
official interpretation.
So you have two processes. The official interpretation where
there's a fee involved, and there's a process, or I can give you an
opinion. I'll work with staff on that, but those are your two processes.
COMMISSIONER COLETTA: Okay. I understand. Then I'll
stay with Commissioner Henning's motion.
CHAIRMAN FIALA: The problem is, I mean, other gas stations
might have U-Hauls, but maybe they're in the proper zoning. This
guy isn't in the proper zoning. He even installed another door and
entryway into his business without even requesting or ever getting a
permit. So it seems that he kind of just does things on his own and
then asks for forgiveness later on, or at least that's the impression I get.
Commissioner Coyle?
COMMISSIONER COYLE: Who's going to pay the fee for the
official interpretation?
COMMISSIONER COLETTA: Not an official interpretation.
MR. OCHS: I don't think we've established, sir, whether that's
the way the board wants to go. I think Jeff is saying it's either a legal
opinion, which doesn't have the fee attached, or it's an official
interpretation that does.
COMMISSIONER COYLE: I believe the motion was for an
official interpretation; was it not?
MR. OCHS: No, I don't think it was, sir.
COMMISSIONER COYLE: Did you specify either one, an
attorney opinion or --
COMMISSIONER HENNING: What I asked is to direct the
county attorney to bring back whether this use is comparable --
COMMISSIONER COYLE: Okay.
COMMISSIONER HENNING: -- to the existing use and work
with the zoning department within that opinion.
COMMISSIONER COYLE: Okay. I -- the only potential
deficiency I would see with that course of action would be that it
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November 10,2009
doesn't specifically say we take a look at the parking impact of the
U-Haul business on the other businesses there.
But if you add that, I would be glad to support it. I think there's
more than one issue here. It's not just zoning. It's whether or not there
is adequate parking for this business with respect to the other
businesses that are on the property.
CHAIRMAN FIALA: Did you want to add that to your motion?
COMMISSIONER HENNING: Yeah. I'd also like to say a few
words, if you don't mind.
CHAIRMAN FIALA: Sure.
COMMISSIONER HENNING: I will add that to it. But see, the
official action is that it's not the proper use. And then I heard
Commissioner Fiala say, well, there are other things happening with
that property, such as adding doors.
I watched the code enforcement case. Mr. Chami recognized that
his tenant, which his understanding, did have a permit for changing
those doors out. I'm assuming because of your comment -- because
you got information from staff, okay.
The action with the door has nothing to do with the uses, and I
hope that you would separate those issues, because it doesn't pertain to
the use.
Those doors are going to be taken care of. Mr. Chami recognizes
that that was a mistake on his tenant's part, okay.
I don't know where staff is coming from. I don't want that to lead
the decision to do -- to govern our residents.
CHAIRMAN FIALA: Okay. Now -- and you said you would
add this provision in your motion that Commissioner Coyle
suggested?
COMMISSIONER HENNING: It is, because whether -- I might
have to cut down the number of -- if it is a use, a comparable use, he
might have to change his operation of the U-Hauls. But that needs to
be addressed also.
Page 52
November 10, 2009
CHAIRMAN FIALA: Okay.
COMMISSIONER COLETTA: Okay. Second agrees.
CHAIRMAN FIALA: Okay, fine. No further comments?
(No response.)
CHAIRMAN FIALA: All those in favor to bring this back -- and
you've heard the motion -- 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: Okay. Very good, 5-0.
MR. CHAMI: Thank you very much.
MR. OCHS: Next item --
COMMISSIONER COYLE: It's breaktime.
COMMISSIONER HENNING: You want to take a break?
CHAIRMAN FIALA: We could. We have one more. Would
you prefer to take a break first?
COMMISSIONER COYLE: Oh, I was just pointing out it's
almost 10:30.
CHAIRMAN FIALA: Yeah. I was looking at that. I wanted to
finish this up. But that's all right. We can take a break now.
COMMISSIONER COYLE: No, finish it up.
CHAIRMAN FIALA: Okay, very good.
MR. OCHS: One more, ma'am?
CHAIRMAN FIALA: We'll just finish this up.
Item #6C
Page 53
November 10,2009
PUBLIC PETITION REQUEST BY LARRY MAGEL TO
DISCUSS CANDIDACY FOR MARCO ISLAND CITY COUNCIL
WHILE SERVING ON COUNTY ADVISORY COMMITTEES -
MOTION FOR PETITIONER TO RESIGN CURRENT ADVISORY
POSITIONS SO THE COUNTY CAN DECLARE A VACANCY
AND TO DELAY APPOINTMENTS PENDING ELECTIONS -
APPROVED
MR. OCHS: Okay. Your last item under public petitions is 6C.
It's a public petition request by Larry Magel to discuss candidacy for
Marco Island City Council while serving on county advisory
committees.
MR. MAGEL: Good morning, Commissioner. Larry Magel, for
the record.
As the county manager just indicated, I serve you on the Coastal
Advisory Committee and the government Productivity Committee,
and I enjoy both of those assignments.
I've decided to run for election to the Marco Island City Council.
At this point I am unopposed. I don't know whether I will be opposed
until December 1 st of this year when the petitions are filed.
But the inequity that may occur that I'd like you to address today
is that both Ted Fork, who is currently a councilman [rom Marco
island, and I both serve jointly on the Coastal Advisory Committee.
As I understand your ordinance, if I am in a contested election, I
will be against Mr. Fork, and your ordinance states that I will have
deemed to have resigned from all of my county positions upon the fact
that I am in a contested election, but Mr. Fork will continue to serve.
And that inequity, if you want to call it that, I think is of some
concern, and I'm wondering ifthere's anything that the Board of
Commissioners could do at this point to solve that problem.
Secondly, I just want you to understand that December 1 st is
when I'll know whether I'm in a contested election, but if I am and I do
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November 10,2009
resign, January 26th is the election date, so I will have effectively
resigned for approximately seven weeks, and then I will go through
the process of reapplying because I would still like to serve on your
Coastal Advisory Committee and your government Productivity
Committee.
So thank you for your attention.
CHAIRMAN FIALA: So you're asking for a waiver.
MR. MAGEL: Well, I don't know what the county attorney's
view is as to whether a waiver can be granted and what the
ramifications of that might be, but I did want to bring the issue to your
attention.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Well, by the time we advertise,
Sue -- and correct me if I am wrong. By the time we advertise and
bring it back, you'll probably a sitting city council member?
MR. MAGEL: Or I will be defeated and I will still reapply to be
on your committees.
COMMISSIONER HENNING: Correct. And my preference
would be just to leave it as is and look forward to your continued
involvement in the CAC --
MR. MAGEL: Appreciate that.
COMMISSIONER HENNING: -- and the Productivity
Committee through application.
CHAIRMAN FIALA: Commissioner -- sorry, I didn't mean to
interrupt.
COMMISSIONER HENNING: That's fine.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. County Attorney, can you
refresh our memory about why we have this procedure?
MS. FILSON: Actually, Commissioner Henning, while Mr.
Klatzkow's putting that on the overhead projector, when I receive a
resignation, I advertise for three weeks. After that deadline, I don't
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November 10, 2009
accept any more applications.
COMMISSIONER HENNING: Well, he can apply for it,
though, right? I mean, he would --
MS. FILSON: Well, he said he was going to be off the
committee for seven weeks. That would preclude him if I received
any other applications.
COMMISSIONER HENNING: That would preclude him from
applying for it?
MS. FILSON: Yes, because my press releases historically have
been for three weeks with a three-week deadline.
COMMISSIONER HENNING: But ifhe applies for it now,
would anything preclude him from -- you accepting his application?
MS. FILSON: Ifhe's a candidate -- and I'll let Jeff speak to that.
COMMISSIONER HENNING: Okay, thanks.
MR. KLATZKOW: You know, one approach, which is really a
common-sense approach is that he resigns his position at this point in
time keeping with your ordinance. You keep his seat open, because
it's only for a short period of time. And then after the outcome of the
election, irrespective of the election, he reapplies for his old seat back.
Now, if you want him reapplying with other candidates, that's
fine, too. But we often have people who resign, who run, and then get
right back onto the committee right after that. It's a very common
procedure.
If this was a year-long process like Gina Downs is going through,
you know, you couldn't do that. But this election's in January.
COMMISSIONER HENNING: Yeah. I'm all in favor of
holding off the position in abeyance until the outcome of the election.
CHAIRMAN FIALA: Me, too.
MS. FILSON: Okay. So he's going to resign, and I shouldn't
advertise until after the election?
COMMISSIONER HENNING: Depends on the rest of the
board, but that's what I'm in favor of.
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November 10, 2009
MS. FILSON: Okay.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Tell me why we have a procedure
that will permit an incumbent to continue serving on an advisory
committee. An incumbent who is running for reelection, it's okay, but
for someone who is not an incumbent running for election, it is not
okay.
MR. KLATZKOW: I cannot tell you that I can perceive the
public policy reason behind that.
COMMISSIONER COYLE: Okay. So if we made a consistent
ruling for both sides, it would be okay, or if we granted an exception
to this candidate, no public policy issue is likely violated; is that a fair
MR. KLATZKOW: If you're going to grant -- if you're going to
grant an exception to this one, you may as well consider getting rid of
the ordinance. I mean, you either have a resign through an ordinance
or you do not.
And I understand the -- I understand the reason for it. I mean,
you don't want somebody, example, running for Board of County
Commissioners who's on one of your advisory boards and is
constantly using that as a bully pulpit for an entire year process. That
would not occur with an incumbent, okay.
But, you know, having said that, in this particular instance, it's
only seven weeks. I mean, we can finesse the issue by simply keeping
the seat open.
COMMISSIONER COYLE: Okay. I would be in favor of doing
that.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Just a quick question, Ms.
Filson. With this position being left open, would the committee still
have enough people for a quorum?
MS. FILSON: You might want to ask Mr. Sheffield that
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November 10,2009
question.
MR. SHEFFIELD: Speaking for the Productivity Committee,
yes.
COMMISSIONER COLETTA: Okay. So that doesn't present a
problem.
MR. SHEFFIELD: No.
COMMISSIONER COLETTA: Okay.
MS. FILSON: Okay. Then I have one additional question, just
to clarify for myself. After the election, do I do the press release and
solicit applications from other people, or do we just reappoint him?
COMMISSIONER COLETTA: I would think personally that
you would get -- have the applications open. It becomes a little more
complicated if we say it's closed and it's just restricted to this one
person. Of course, we know the merits of the gentleman in front of us.
So my assumption is is, you know, we'd probably be going in that
direction. But to say it's closed, I don't think that would be fair to the
public.
MR. MAGEL: May I just raise one other issue with you? For
the Productivity Committee, I understand that completely. For the
Coastal Advisory Committee, I am appointed upon recommendation
of the City of Marco Island. So just be aware of that, that we go
through the process of the City of Marco Island back to you for the
Coastal Advisory Committee.
CHAIRMAN FIALA: Oh, that --
MS. FILSON: I believe they recommend you; is that correct, sir?
MR. MAGEL: Yes.
MS. FILSON: Yes.
CHAIRMAN FIALA: When they recommend him and we didn't
appoint him, can he just then stay on that committee?
MS. FILSON: Well, they recommend him, and then you have to
confirm their recommendation and actually appoint him.
CHAIRMAN FIALA: Right, but --
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November 10, 2009
MS. FILSON: You actually appoint him. They recommend him.
CHAIRMAN FIALA: It seems -- for seven weeks, it just seems
like it doesn't make any sense, does it?
Commissioner Halas?
COMMISSIONER HALAS: Well, I think that you have to have
rules and regulations so that everyone can follow and makes -- and
everybody understands exactly what it entails as far as, if you want to
run for a particular office and you're on committees, that you may
need to resign so that, as the county attorney stated, that it's not used
as a bully pulpit.
So I think that when someone decides to -- whether it's city office
or county office -- the CAC may be another issue here, but I think on
the Productivity Committee, I think he needs to resign, and that seat
can be held open so that whatever transpires after the election, this
gentleman is more than welcome to come back on the Productivity
Committee because it's a county function.
So that area, I think that anybody that's -- whether it's an election
in two weeks or two years, I think that the person should realize that
he has to resign that position.
CHAIRMAN FIALA: I think it gets a little more complicated
when you figure the City of Marco placed him on that CAC to
represent them and then he has to drop off, but then if -- even if we
leave it open, we can't readvertise because the city wants him on there,
and they only -- there's only, what, nine members on that committee,
right?
COMMISSIONER HALAS: The CAC we could leave him on.
CHAIRMAN FIALA: Yeah, I would think so, too. That seems
to make sense.
COMMISSIONER HALAS: But the other part of the issue is
he's now on the -- one of the county's advisory boards, and so he's
running for election of an office, whether it's county or city. And I
believe that he needs to -- that person, whether it's him or anybody
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November 10, 2009
else, as I said, if it's a two-week or two-year election process, I believe
that the person has to -- should turn in his resignation. And then ifhe's
not successful of getting that seat, he always has that possibility of
getting back to that seat.
CHAIRMAN FIALA: You know, it's kind of like two separate
issues, isn't it, because one is representing the City of Marco Island
and --
COMMISSIONER HALAS: That's right.
CHAIRMAN FIALA: -- then the other one is a county seat.
Maybe we could even address them separately. Because I have to
agree, as far as the Productivity Committee goes, I would like to hold
a seat open so that -- you know, that it's not given to somebody else
while he's running because he's going to want to get back on there
whether he's a city councilman or not.
COMMISSIONER HALAS: But he has to resign. That's my
feeling.
CHAIRMAN FIALA: But then on CAC --
COMMISSIONER HALAS: That's a city thing where he was --
CHAIRMAN FIALA: Yeah, that's a city thing. I think he really
should remain there.
Commissioner Coyle?
COMMISSIONER COYLE: I don't believe you can do that.
The CAC is an advisory board to the county. It makes no difference
who makes the recommendation for the appointment. It is an advisory
board to the county. We make -- we ratify, or we accept the
recommendation and approve it. We could reject Marco's
recommendation if we wanted to. We're just not that discourteous.
But I think that if we just say that this candidate should resign
from both positions, and we will just administratively hold open the
positions on both of these advisory boards until after the election, and
then we will advertise for replacements, and anybody can apply for
those openings. That's the only fair way to do it, I believe.
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November 10, 2009
COMMISSIONER HALAS: Is that a motion?
COMMISSIONER COYLE: Well, I think there was a motion on
the board to hold it open, but I mean, it probably didn't go into that
detail.
COMMISSIONER COLETTA: No, it didn't.
COMMISSIONER COYLE: But is that essentially what you
were suggesting?
CHAIRMAN FIALA: They don't have a motion yet.
COMMISSIONER COYLE: Okay. Then that will be motion.
COMMISSIONER HENNING: Second.
COMMISSIONER HALAS: Second.
COMMISSIONER COYLE: And then we hope that you will put
in an application --
MR. MAGEL: At the earliest convenience, yes.
COMMISSIONER COYLE: Concurrent with your resignation,
put in an application for those two positions?
MR. MAGEL: I don't think -- I think Ms. Filson's saying I can't
do that. I can't do that until after the contested election is over, so it
won't be until January 27th.
MS. FILSON: I can do whatever they direct me to do.
COMMISSIONER COYLE: That's right. That's one of the
advantages we have.
MR. MAGEL: All right. Thank you.
COMMISSIONER HALAS: Hold the seat till after the election.
COMMISSIONER COYLE: So I would say -- well, the problem
then, it's going to delay getting somebody on those things. So all I
would suggest is that you will submit a resignation, there will be a
vacancy declared, Ms. Filson can go through her normal process of
advertising for candidates. You can submit your application. If you
are elected, you can still be selected. If you're not elected, you can be
selected.
So your application is in the hopper. Everybody else can apply,
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November 10, 2009
too. We will just delay making a decision on the applications until
after the election. Does that meet all the legal requirements?
MR. KLATZKOW: Yes. Then it comports with your ordinance.
MS. FILSON: And in the case of the Coastal Advisory
Committee, what I'll do is send a letter to Marco Island, and they will,
in turn, send me the name and application of the person they want to
be considered.
COMMISSIONER COYLE: They can do that, and -- or he can
apply directly.
MR. MAGEL: I apply actually through Marco Island.
COMMISSIONER COYLE: That's right. You'll apply through
them, that's right.
CHAIRMAN FIALA: But this all hinges on whether somebody
announces their candidacy or not; otherwise, if you're unopposed, then
none of this has to take place.
MR. MAGEL: None of this works. That's why I say, I won't
know till December 1 st. December 1 st if I am opposed, I will resign
pursuant to what your comments are, and if I'm not opposed, I will not
submit a resignation.
MS. FILSON: I believe -- I believe that unopposed portion of the
ordinance refers to committees like the fire boards and minimal
committees like that and not --
COMMISSIONER HENNING: Well, what's -- the city council,
is that pretty important?
MS. FILSON: I think so.
COMMISSIONER COLETTA: Yes, it is.
CHAIRMAN FIALA: Is that true, County Attorney?
MR. KLATZKOW: That's what it says.
CHAIRMAN FIALA: Okay. Meanwhile, while you're studying
that, Commissioner Coletta?
COMMISSIONER COLETTA: Yeah, I'm just -- I'm going to
vote for the motion. I just got one thing I want to bring up for some
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November 10, 2009
thought. Is this a unique circumstance, or is this something that's
going to be standard? We have a short period of time now, we don't
have a crisis situation as far as membership on this advisory board.
But some of the advisory boards in the future might not be able to
hold off, especially if somebody's running a two-year contested
campaign.
COMMISSIONER COYLE: My intent was this would be done
just for this situation because it's such a short period of time.
COMMISSIONER COLETTA: Okay.
COMMISSIONER COYLE: That's--
CHAIRMAN FIALA: And that was the discussion.
COMMISSIONER COYLE: Yeah. That's what I thought we
were doing.
MR. KLATZKOW: Unless he's opposed, there's no issue.
CHAIRMAN FIALA: Pardon me?
MR. KLATZKOW: Unless he is opposed, there's no issue.
MS. FILSON: And which ordinance are you looking at, sir?
MR. KLATZKOW: The one up there.
MS. FILSON: Can I get the number of it, please?
COMMISSIONER HENNING: 2001-55.
MS. FILSON: That one has been amended.
MR. KLATZKOW: It's fine.
COMMISSIONER HENNING: It's still the same language.
MS. FILSON: Okay. It's different.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: I think I got my question answered.
This is only just this particular issue, and this isn't something that
we're opening Pandora's box for to have this change the ordinance --
CHAIRMAN FIALA: No.
COMMISSIONER HALAS: -- in any respect?
CHAIRMAN FIALA: No.
COMMISSIONER HALAS: Okay.
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November 10, 2009
CHAIRMAN FIALA: Okay. So we have a motion on the floor
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.)
MR. MAGEL: Thank you very much.
CHAIRMAN FIALA: Thank you for coming. We hope you're
unopposed, then that won't be a problem at all. Thank you, Larry.
MR. OCHS: Ten minutes, ma'am?
CHAIRMAN FIALA: Yes, sir.
(A brief recess was had.)
CHAIRMAN FIALA: Okay. Will everybody please take their
seats.
MR. OCHS: Madam Chair, you have a live mike.
CHAIRMAN FIALA: Thank you. We're going to skip to the
zoo item.
Item #12B
RECOMMENDA nON THAT THE BOARD APPROVES THE
PROPOSED ADDENDUM TO THE NAPLES ZOO LEASE -
APPROVED W/CHANGES
MR.OCHS: Yes, ma'am. That item is Item 12B on your
agenda, and it is a recommendation that the board approves the
proposed addendum to the Naples Zoo lease. This item was moved
off of your consent agenda to the regular at the request of
Commissioner Halas.
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November 10, 2009
CHAIRMAN FIALA: And Commissioner Halas, would you like
to tell us your reasoning?
COMMISSIONER HALAS: Yes. Obviously all of us know that
this is a difficult time, not only for everyone else but also for the
county, and I was -- like to propose where we have a sliding scale
payment, excuse me.
I believe right now the zoo pays us in the category of $250,000 a
year, and I was thinking that we break this up so that it's a three-year
payment plan whereby the first year they would only pay us 175,000,
the second year 100,000, and then the third year would be zero.
Everything would be taken care of.
The other concern that I have is that there's been talk about
hooking up to city water and city sewer, and my concerns are, if there
is going to be a fee that's going to be charged to that property, a
surcharge to that property, I think that needs to be something that
needs to be addressed, because as everyone knows, anytime there's
city water or city sewer set up outside the city limits, which is county
property now, there will probably be a surcharge. So I think that that's
something else that needs to be aired out also.
But my biggest concern is, I think that we need to have a sliding
scale. And again, I'll reiterate the sliding scale would be the first year
they pay us 175,000, the next year 100,000, and then third year would
be nothing to be charged.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
To be honest with you, I had slightly different issues I was
looking at. It says in there, eliminates the county's unilateral rights to
terminate the lease for any reason on two years' notice. We never
discussed that. That's just suddenly something that appeared in there.
And I'll tell you why I'm concerned, is that this is not a free zoo.
Even though the taxpayers have paid for the land around it and came
up with the funds to be able to make that happen, free admission is
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November 10, 2009
granted to Collier County residents who enter before 11 a.m. two
Saturdays a month, and that also gives free admission for children on
Fridays through Mondays around school holidays.
The question is, is if we start to remove our rights to be able to do
this, the citizens of Collier County come to expect certain inevitable
rights from the zoo, and one of them is this admission under certain
circumstances and also the admission for the school children. It
doesn't tell which school holidays it is. And if we give up our rights to
be able to oversee it, I'm afraid that the public will be at a loss for
what they're going to be getting. I really feel that way.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Commissioner Coletta, that's the
same language that was in the previous agreement, so that hasn't
changed at all. And I know that my family uses it -- used to --
actually had a membership, but we don't have a membership. They
just go -- we just go when -- the days that Collier County citizens are
free.
CHAIRMAN FIALA: First Saturday of the month.
COMMISSIONER COLETTA: Sure.
COMMISSIONER HENNING: First Saturday, and I haven't
heard anybody complain about that.
COMMISSIONER COLETTA: No, they haven't complained,
but is that part of an agreement? That's what I'd like to know from the
person representing the zoo, which I believe is Bruce Anderson.
Maybe he might be able to give me that sufficient comfort that I need
to realize that this will go on to perpetuity as far as the rights of our
citizens to these amenities that they came to expect.
MR. ANDERSON: Yes. For the record, my name is Bruce
Anderson from the Roetzel & Andress law firm on behalf of the zoo.
The items that you talked about, Commissioner Coletta, are
requirements of the lease, they remain in place, and if the zoo does not
abide by those requirements, that's considered a default of the lease,
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November 10, 2009
and you can hold them accountable.
COMMISSIONER COLETTA: But what about that language I
just read to you that basically waives our rights as far as the lease
goes? It eliminates the county unilateral rights to terminate the lease
for any reason on two years' notice.
You know, we're kind of up against a rock and a hard place.
What -- how do we go about enforcing something when right here
we're signing off on it?
MR. ANDERSON: Well, it's -- number one, that language that
you approved two weeks ago for your standard form lease. So
everybody that you enter into a new lease with is going to have that.
The unilateral right was in the lease. It allowed you to terminate the
lease for any reason or no reason at all. And the motion was to make
this lease consistent with your new standard form, and that was a
crucial element of it, is the right to terminate the length of the term of
the lease, and the rental payments.
COMMISSIONER COLETTA: I understand. But the only
problem is, that kind of negates the ability of the county to be able to
do anything as far as -- if the zoo suddenly decides it's not in their best
financial interest to give the citizens of Collier County those free days
sometime in the future, not the present board, some future board, the
county, how does it come back -- let me ask the question of county
attorney.
Can you answer that for me?
MR. KLATZKOW: Well, it's always nice -- it's always nice
having the unilateral right to terminate. It really puts a hammer on
somebody, but it is not part of our standard form, Bruce is right.
Bruce, would the zoo be willing to commit on the record that this
one month -- one day per month free for Collier residents will always
be in place as long as this lease is in effect?
MR. ANDERSON: Yes, absolutely.
COMMISSIONER COLETTA: Can we have that in some sort
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November 10, 2009
of fashion that will be enforceable --
CHAIRMAN FIALA: Written.
COMMISSIONER COLETTA: -- 20 years from? I'm not too
sure what it would take.
MR. KLATZKOW: Well, I think your lease does provide for
that anyway, but it's on the record now, and I think we're good.
COMMISSIONER COLETTA: Okay. Yeah, if we could, too, it
didn't give specifics as far as the weekends for the childrens (sic). It
said just school holidays. Can we be specific on that, too, rather than
that -- leave that as some sort of undefined term of time?
MR. TETZLAFF: President's Day every year. For the record,
David Tetzlaff, Naples Zoo.
Number one, to go back a few days, free day was my idea, and I
will abide by free day. It was one of the promises that we made to the
taxpayers when everyone voted November of '04, that there would be
a free day, which we, as I stated a couple weeks ago, we have the best
free day deal in the United States. It's a Saturday.
COMMISSIONER COLETTA: We're appreciative of that.
MR. TETZLAFF: Some of the places have it for a few hours.
And the change we did make is that free day is now all day. You can
come anytime during the day on that first Saturday ofthe month. It's
not before 11. We changed that because of some confusion and
demand.
And then we do have, during President's Day and some other
school holidays that fall on Fridays and Mondays, we have that, too.
COMMISSIONER COLETTA: Yeah, that was the part, too, I
was having a little bit of a problem with. I think it's absolutely
wonderful that you're offering this amenity, but it's not clearly defined
what it is that you're offering. Could you possibly reinstate what
holidays it is so that we have it on the record and --
MR. TETZLAFF: We can work with staff and with Mr.
Anderson to delineate that for you, if that's what you request.
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November 10, 2009
COMMISSIONER COLETTA: Well, we're voting on this today
though and --
MR. TETZLAFF: We can make that happen. You have my
promise. It's something we've always done, but--
COMMISSIONER COLETTA: No, I know that.
MR. TETZLAFF: -- if you want it in writing there, we can do
that.
COMMISSIONER COLETTA: But you know, your life
expectancy, another 50 years from now, somebody will replace you,
and they might not have the same feeling. So it's great if we have an
understanding exactly what it is, the weekends that we're talking
about. You already have done this in the past, so I don't think it would
be too hard to identify those three-day weekends.
MR. TETZLAFF: No, it's just, make it a matter of writing.
We've done it for years, for years and years.
COMMISSIONER COLETTA: But can we do that now,
identify those?
CHAIRMAN FIALA: Today.
MR. TETZLAFF: I don't have all those holidays in front of me,
but I know it's President's Day and there's a couple others during the
year. So -- now, if you want to make a motion that we abide by our
current advertising program, I can say yes we can follow that.
COMMISSIONER COLETTA: I don't know what your current
advertising program is.
MR. TETZLAFF: It's around President's Day, and there's a
couple other days. I'm sorry. I'm not recollecting them.
COMMISSIONER COLETTA: Okay. Well, why don't we do
this and identify them as three weekends. Would that work? A
minimum of three weekends?
MR. TETZLAFF: We can do that.
COMMISSIONER COLETTA: You don't have more than three
right now, right?
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November 10,2009
MR. TETZLAFF: No. Like I said, they fall around those
holidays.
COMMISSIONER COLETTA: Okay. So identify it as a
minimum of three so that if somebody in the future decides they have
a budget that exceeds their needs, they might want to open it up for
even more.
Well, I make a motion for approval with the addition of that
language to assure the fact that this -- these days, these Saturdays all
day, will become available, what is it, two times?
MR. TETZLAFF: It's the first Saturday of the month. Twelve
times a year we have free day.
COMMISSIONER COLETTA: Right. And also, too, that
there'll be three weekends set aside for the school children.
COMMISSIONER HALAS: I would like also -- I think we
ought to discuss the sliding scale, and we ought to also discuss
whether we're going to be assessed a user fee, a surcharge of 25
percent on water and sewer when they hook up there.
COMMISSIONER COLETTA: Well, no, I understand all that. I
wouldn't mind if somebody else would bring it up for discussion, but I
don't think it's going to help my motion.
COMMISSIONER HALAS: Well, you're making a motion.
COMMISSIONER HENNING: I'll second your motion, and just
to clarify it, as Mr. Tetzlaff said, is every month there will be a free
day, the first Saturday of every month. In addition, there will be three
days for school-aged --
COMMISSIONER COLETTA: No, no, three weekends.
COMMISSIONER HENNING: -- three weekends per year as
historically provided by the zoo for school-aged children. Is it
school-aged children or school?
MR. TETZLAFF: School children.
COMMISSIONER HENNING: School children.
MR. TETZLAFF: It's children. Not school-aged. It's just
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November 10, 2009
children.
COMMISSIONER COLETTA: Since we're still working on the
motion, we need to include the language Friday through Monday as
was stated in the documentation we received. And I would rather not
use the word historical because that may raise problems, somebody
trying to determine what that is, and just identify it as three weekends
that fall on school holidays that would be determined by whoever it is
that's going to make those decisions.
COMMISSIONER HENNING: What I understand is, our
county attorney and the zoo board will get together and identify those
in the lease. And why I say historical is Mr. Tetzlaff said that we give
those and we're going to commit to those. They are historical, one is
being President's (sic), and there's two other days.
COMMISSIONER COLETTA: Two other weekends.
COMMISSIONER HENNING: Two other weekends or --
MR. TETZLAFF: Yes.
COMMISSIONER HENNING: Okay, two other weekends, and
those would be captured in the agreement.
COMMISSIONER COLETTA: Okay, that's fine.
CHAIRMAN FIALA: Okay. So then the motion is on the floor,
and the second by Commissioner Henning.
And you -- did you want to speak any further, Commissioner
Henning?
COMMISSIONER HENNING: No, I think we captured
everything, Mr. Klatzkow?
MR. KLATZKOW: Just to lock it up. And school-aged children
is up to what age?
MR. TETZLAFF: It's children, which we consider to be, you
know, 18 and under.
MR. KLATZKOW: Okay.
CHAIRMAN FIALA: Just children 18 and under. That's even
more generous.
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November 10, 2009
Okay. I have four speakers.
MS. FILSON: Yes, ma'am.
CHAIRMAN FIALA: And the next person to -- on the dais,
would you like to wait for our speakers?
COMMISSIONER COYLE: I'll wait, I'll wait.
CHAIRMAN FIALA: Same with you, Commissioner Halas?
COMMISSIONER HALAS: Well--
MS. FILSON: The first speaker is Rocky Scofield.
COMMISSIONER HALAS: -- I'd like to see ifthere's any
movement in regards to a sliding scale and also, is (sic) there's any
concern about us having to pay a surcharge in case the City of Naples
sets up sewer and water at that location.
CHAIRMAN FIALA: Okay. We should probably take that
separately though right? Okay.
COMMISSIONER HALAS: Okay. So long as we don't let this
slide.
CHAIRMAN FIALA: Okay.
MS. FILSON: Rocky Scofield?
MR. SCOFIELD: I'll waive my time.
MS. FILSON: Ray Carroll?
UNIDENTIFIED SPEAKER: He had to leave.
MS. FILSON: Bruce Anderson?
MR. ANDERSON: I may have used it already.
MS. FILSON: Ray Carroll.
MR. TETZLAFF: He left.
MS. FILSON: That's it.
CHAIRMAN FIALA: There were two Ray Carrolls?
MS. FILSON: Yes.
CHAIRMAN FIALA: Oh, okay.
MS. FILSON: And they were both for 12B.
CHAIRMAN FIALA: Very good.
All right, Commissioner Coyle.
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November 10, 2009
COMMISSIONER COYLE: I don't have anything to add to the
process.
CHAIRMAN FIALA: Okay, very good. And now
Commissioner Halas, after this motion, then, did you want to bring up
your items?
COMMISSIONER HALAS: Yes.
CHAIRMAN FIALA: Okay, very good. Okay. So we have a
motion on the floor 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.
Okay. Second now -- second part of this motion -- or of this
discussion, commissioner Halas?
COMMISSIONER HALAS: Yes. As I said earlier, I realize
where we're going with this, and I think it's a great deal, but I also
think that we ought to have a sliding scale here whereby, as I said, that
the first year they're only entitled to pay us up to 175,000, the second
year, 100,000, and then the third year it would be free and clear. By
that time I would think that we would know where we stood
economically in regards to our budget.
And I think that giving them a reprieve from 250,000 to 175,000
is -- is a gesture that -- what we're -- in the direction that we're
movmg.
The other concern that I have is that in our last discussion here
with the zoo, there was talk about whereby they were going to hook
up to water and sewer by the City of Naples.
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November 10, 2009
And in the past, whenever there's been hookup of those type of
utilities outside of the county, or outside of the city, there's been an
assessment of a 25 percent surcharge.
And I would hope that we can come up with some type of
agreement that there would not be an assessment of the 25 percent
surcharge of those utilities that would be to the zoo and also to the
greenway area in case there's water that needs to be put in that
location also.
CHAIRMAN FIALA: Okay. Let's see. I don't know who was
first here. I have --
COMMISSIONER COLETTA: I think I was.
CHAIRMAN FIALA: -- Commissioner Coletta, then are you
second or third?
COMMISSIONER COLETTA: Henning.
COMMISSIONER HALAS: Henning next, and then Coyle.
Okay. Coletta, Henning, and Coyle.
COMMISSIONER COYLE: Okay. I don't know how we --
CHAIRMAN FIALA: Coletta, Henning, and Coyle.
COMMISSIONER COYLE: Oh, really? Well, you're always
calling me Coletta. How am I supposed to know.
COMMISSIONER COLETTA: You're not that good looking. I
should defer to a person that's my senior, but I'm not going to in this
case.
When it comes to the --
COMMISSIONER COYLE: Well, as I was saying -- go ahead.
COMMISSIONER COLETTA: Yes, thank you.
Commissioner Halas, I was concerned also, too, about the
funding source that was there that was going to be directed to the
greenway, very much so, and the reason being is that we're going to be
in a tough economic times when the future comes up. And I'm going
to be very candid with my commissioners. The reason I was really
concerned, too, very concerned about this money, is the fact that City
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November 10, 2009
of Naples and, of course, the zoo, have that tremendous political clout,
and even though they have no intentions of touching county treasuries
for the greenway, that's today. Tomorrow's going to come, another
three, four years down the road when money starts to return.
And the needs out in the rest of Collier County are so immense,
especially in District 5. We've been without community centers, we've
been without parks, without roads, for so long, and the understanding
being is that we were in the -- in line to be able to receive these things
coming down.
I know what's going to happen, and what's going to happen is that
the greenway, they're going to come back and it's going to be an
absolutely gorgeous project, it's of tremendous importance, and the
rest of the districts out there are going to have to take a back seat as
this thing goes forward. That's one of the reasons why I was
concerned about these funds.
Now, I know there's not enough support on here to be able to
come up with even a partial payment for two years. $275,000 is
$275,000, dedicated towards greenway, drop in the bucket, make a
difference, so I'm not going to push the issue; however, I would like to
know more about the surcharge and what we're talking on that,
because it we can bring down the cost of doing business for a
nonprofit, the better everyone would be for it. Who can answer the
questions on that?
COMMISSIONER COYLE: I can.
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: Is it my turn though?
CHAIRMAN FIALA: No, it isn't your turn.
COMMISSIONER COYLE: Okay. Then I can't answer the
question.
COMMISSIONER COLETTA: Well, then how am I going to
get the answer to my question?
COMMISSIONER HENNING: Madam Chair?
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November 10, 2009
CHAIRMAN FIALA: Yes, sir.
COMMISSIONER HENNING: I yield my time to
Commissioner Coyle.
COMMISSIONER COYLE: Thank you.
COMMISSIONER HENNING: But still reserve my time.
CHAIRMAN FIALA: Very generous, Commissioner Henning.
COMMISSIONER COYLE: Thank you very much,
Commissioner Henning.
Yes, we can't solve a problem with the City of Naples by
negotiating a contract with the zoo, okay. So whatever the City of
Naples wants to do with respect to water and surcharge we have to
negotiate something with them. We can't achieve it through the zoo.
The City of Naples has no standing with the zoo's lease. They're
not a party to it. There's nothing we can do through this lease to
address that issue.
Now, you know, there are, perhaps, ways we can address it in
other ways, but we can't do it through this lease is the problem.
So I just think we -- if it is of a concern to the commissioners, it's
something we have to address with the Naples City Council. And we
could do that in a special session with them or whatever.
But secondly, if you get city water, you're going to be paying the
water fee anyway and the surcharge; it's not going to be Collier
County. So it's not coming to Collier County taxpayers, okay? So it's
not an issue that concerns us with respect to the zoo's lease.
There are areas of the county where the city -- yeah, county
property where the city provides water and service -- water and sewer
service and they charge a surcharge, but that's something we've got to
-- we've got to work out with the city council. We can't do it through
the zoo lease.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Yeah. Boy, you know, what a
great service that the zoo brings to all the residents, and our visitors, to
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November 10,2009
Collier County. And the Tetzlaffs could have said, when the
Fleischmanns decided to sell the property, you know what, let's move
on and do something else, but they decided to stay. And what a
benefit, you know.
Similar to the -- what we were talking about this morning with
the Smallwood Store down there. Now, would we be without --
without the zoo or the Smallwood Store and other historical sites out
there?
And David, how hard would it be to track the zip codes of the
residents that visit, or do you have that information?
MR. TETZLAFF: Currently about 30 percent of our business
comes within Collier County; 70 percent outside.
COMMISSIONER HENNING: So you do track that
information?
MR. TETZLAFF: Yes, sir.
COMMISSIONER HENNING: Would it be possible if! come
down there and get that information? Because I think a lot of people
from District 5 go to the zoo on the free days.
MR. TETZLAFF: I'm certain of that, because I live in one of the
neighborhoods in your district, and I know a lot of my neighbors, and
everyone in our neighborhood visits the zoo whether they have
memberships or free day. So, yes, come by, and we can get that for
you, SIr.
COMMISSIONER HENNING: Okay, great, thank you.
CHAIRMAN FIALA: Okay. Commissioner--
COMMISSIONER COLETTA: Coletta.
CHAIRMAN FIALA: -- Coletta?
COMMISSIONER COLETTA: Yeah. And I want to make sure
you invite District 3 residents, too, not just exclude them. District 5,
well, you know, appreciates any kind of consideration we can get. But
District 3 is very important to me also.
And I'm not here to bad mouth the zoo. I'm kind of lost with
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November 10, 2009
Commissioner Henning's comments. But regardless, what I'm still
looking at is that 25 percent surcharge. Here we are, we're giving up a
large amount of rent money to go back to the zoo to be able to make it
a better place for everybody. Wouldn't it be nice if we could get the
City of Naples to do away with that surcharge?
I think what we need to do is at some point in the near future --
and of course, this doesn't concern the zoo directly. Of course, you'd
be the recipient of that savings -- is to possibly, at our next joint
meeting with the city council, have this as an issue for discussion.
CHAIRMAN FIALA: Look at that city councilor back there just
listening to us.
COMMISSIONER COLETTA: Mr. Sorey will arrange that
meeting to take place, and this will be number one item on the agenda,
correct, Mr. Sorey?
Okay, thank you.
MR. SOREY: Yes, sir, as long as you vote yea.
COMMISSIONER HENNING: We already did.
CHAIRMAN FIALA: Okay. So now --
COMMISSIONER HENNING: Let's move on to the next item.
CHAIRMAN FIALA: We don't have any motions on this or
anything, so --
COMMISSIONER HALAS: Well, I'll make a motion that we--
and see where it goes -- that we have a sliding scale in regards to the
payment that the zoo makes to Collier County. Right now it's -- I
believe it's 250,000. So I was looking at the first year of 175,000, the
second year 100,000, and the third year they're free and clear.
CHAIRMAN FIALA: I think we already voted for a dollar,
didn't we?
COMMISSIONER HENNING: Right.
COMMISSIONER HALAS: No, we didn't vote for a dollar. We
just --
CHAIRMAN FIALA: We just approved this item.
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November 10, 2009
COMMISSIONER HENNING: Right.
CHAIRMAN FIALA: But thank you anyway for your motion.
COMMISSIONER HALAS: Okay.
CHAIRMAN FIALA: Okay. That's it.
MR. ANDERSON: Thank you very much.
CHAIRMAN FIALA: Thank you very much.
MR. TETZLAFF: Thank you.
CHAIRMAN FIALA: Okay, Leo.
MR. OCHS: Madam Chair, I don't know if the board wants to
move to some of the items that we have members of the public here in
attendance, or if you want to just go back to Item 9. What's the
pleasure of the board?
COMMISSIONER HENNING: Let's do the public's business.
COMMISSIONER COLETTA: Public, yeah.
CHAIRMAN FIALA: Pardon me?
COMMISSIONER HENNING: Let's do the public's business.
CHAIRMAN FIALA: Okay.
Item #lOB
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS APPROVES A STAFF-RECOMMENDED
DOMESTIC ANIMAL SERVICES DEPARTMENT MISSION
STATEMENT THAT ADDRESSES THE PUBLIC'S AND
DOMESTIC ANIMAL SERVICES ADVISORY BOARD'S
DESIRE TO INCLUDE ADOPTION IN THE STATEMENT -
APPROVED
MR. OCHS: Ma'am, that -- I believe just based on some of the
faces I see, that that would move us, I believe, to lOB. lOB on your
agenda --
MS. FILSON: lOB I have two speakers.
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November 10, 2009
MR.OCHS: Yes.
MS. FILSON: lOA I have five.
MR.OCHS: Okay. lOB would be a--
MS. FILSON: And C I have three.
MR. OCHS: -- recommendation that the Board of County
Commissioners approves a staff-recommended Domestic Animal
Services Department mission statement that addresses the public's and
Domestic Animal Services Advisory Board's desire to include
adoption in the statement.
Ms. Amanda Townsend, your Domestic Animal Services
director, will present.
MS. TOWNSEND: Good afternoon, Commissioners. Amanda
Townsend, the director of Domestic Animal Services.
As you know, you heard a public petition from Ms. Gisela
Rowley recently requesting that the word adoption be added to the
Domestic Animal Services' mission statement.
I have proposed a mission statement that staff can live with that
also includes the concept of an adoption, and you'll see it up on the
screen there. Ms. Rowley in the hall has asked that I change the word
adopt that you see on your screen to the phrase promote adoption of,
and I'm perfectly amenable to that, and I believe that that would make
all parties involved happy.
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: I have a motion to approve by
Commissioner Henning and a second by Commissioner Coyle.
We have how many speakers?
MS. FILSON: Two.
CHAIRMAN FIALA: Do the two speakers want to talk us out of
this?
MS. ROWLEY: I just would like--
CHAIRMAN FIALA: You can't speak from back there, I'm
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November 10,2009
sorry .
MS. ROWLEY: -- to thank you very much.
MS. FILSON: Gisela Rowley. And the second one is Marcia
Breithaupt.
MS. ROWLEY: Breithaupt.
MS. FILSON: Ireithaupt (sic)?
MS. ROWLEY: Breithaupt.
MS. FILSON: Breithaupt. Okay. Got it.
MS. ROWLEY: Hello, Commissioners.
CHAIRMAN FIALA: Your name is?
MS. ROWLEY: My name is Gisela Rowley, and by now I'm
sure you-all know me already, and I am very pleased that you agree to
include this very important word, adoption, into the mission statement.
Appreciate it, thank you, and thank you.
CHAIRMAN FIALA: Thank you.
MS. FILSON: The next speaker is Marcia Breithaupt.
MS. BREITHAUPT: I am Marcia Breithaupt. I'm a DAS board
member, and I own and operate a full-time home and pet sitting
business since 2004, so I am an avid animal lover.
And I just think that we need to stop the 200 to 400 healthy
adoptable animals from being killed at DAS.
I know this takes years, but we will make great strides by
defining adoption as a critical function in the operation, and thus its
mission statement. So I'd like to thank the staff, and especially Leo,
thank you.
MS. FILSON: Madam Chairman, I have one additional speaker.
Stephen Wright.
MR. WRIGHT: Stephen Wright, representing myself. And I just
want to thank everyone involved in making this happen, this change to
the DAS mission statement.
Commissioners, I appreciate the time you spent on looking at
this, county manager, working with staff and us and Amanda
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November 10, 2009
Townsend, DAS director, and the public members, the animal welfare
people who worked hard to make this happen.
Thank you all very much.
CHAIRMAN FIALA: Thank you. Okay. I have a motion on
the floor and a second.
Commissioner Henning?
COMMISSIONER HENNING: Nope.
CHAIRMAN FIALA: Oh, okay. Very good.
All 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.
Item #lOA
RECOMMENDA TION THAT THE BOARD OF COUNTY
COMMISSIONERS APPROVES CONCEPTUAL CHANGES TO
THE ANIMAL CONTROL ORDINANCE ACCOMMODATING
TRAP-NEUTER-RETURN OF CATS, INCORPORATING ANTI-
CRUELTY PROVISIONS SUCH AS ANTI -CHAINING OF DOGS,
AND REVISING DANGEROUS DOG DECLARATION APPEAL
PROCESSES; AND DIRECTS THE COUNTY MANAGER OR
HIS DESIGNEE TO PREPARE AND ADVERTISE ORDINANCE
CHANGES TO BE APPROVED BY THE BOARD AT A FUTURE
MEETING - APPROVED
MR. OCHS: Commissioners, that takes us to lOA, which is a
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November 10, 2009
recommendation from your staff to make three changes to your
Domestic Animal Services control ordinance. And again, Ms.
Townsend will present.
MS. TOWNSEND: Hello again.
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Did you need to put anything on the
record, Amanda?
MS. TOWNSEND: No, ma'am. I believe all the information's
there in front of you. There are public speakers, I believe.
CHAIRMAN FIALA: Very good. And we all came prepared.
Yes, Commissioner Coletta?
COMMISSIONER COLETTA: Yes. And I know this is moving
right along, but my question is is, what dimension of improvements is
going to be added to it by us regulating what they're already doing a
good job of doing?
MS. TOWNSEND: Currently -- and you're talking about
trap-neuter-retum of feral cats, I assume? Currently, the practice of
trap-neuter-retum is technically a violation of the animal control
ordinance. It's not something that we pursue ever; however, the
ordinance defines the owner of an animal as someone who takes care
of it. And if there's a caretaker of a feral cat, then technically they're
failing to license that animal and allowing it to run at large.
So if we make the accommodations within the ordinance and we
work with the Collier Community Cat Coalition, we won't have that
fear and we'll be able to have an open dialogue and exchange of
statistics. I think it will be beneficial for all.
COMMISSIONER COLETTA: But we're not creating a
bureaucracy that's going to micromanage this operation?
MS. TOWNSEND: No, sir, no, sir. I am very interested in
making sure that the Community Cat Coalition reports their statistics
to us, and that's just so that we assure the success of the program or
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November 10, 2009
move to suggest some changes if we find that we're not reducing the
population, which is the ultimate goal.
COMMISSIONER COLETTA: Okay. I love these citizen
initiatives. Thank you.
CHAIRMAN FIALA: Okay. We have speakers?
MS. FILSON: I have five speakers. Belen Brisco.
CHAIRMAN FIALA: If you'd like to talk us out of it, you can
come up; otherwise, you can just waive.
MS. FILSON: She'll be followed by Michele--
CHAIRMAN FIALA: She wants to talk against this, right?
MS. FILSON: She'll be followed by Michele Antonia.
MS. BRISCO: Hello. My name is Belen Brisco, and I am a
Southwest Florida resident and a business owner, and I've also __ also
a representative -- a Southwest Florida representative of an
organization called Dogs Deserve Better. I'm actually speaking in
reference to the anti-chaining ordinance that Amanda Townsend has
proposed.
And I'm very much in favor of this ordinance. I appreciate the
opportunity to speak on behalf of this ordinance as well.
If! may, I would like to hand out a couple of these brochures for
you. If you wouldn't mind passing those over for me, please. Thank
you so much. If you'd take one as well.
This is a brochure of Dogs Deserve Better, and it kind of gives
you a little summary of what we're about. What we are trying to do
here is -- Dogs Deserve Better goes into the community to educate
owners, pet owners, and the community about the safety of socializing
your pet, taking the dog off of the chain, keeping our community
safer, keeping our children safer, and it's better for the welfare of the
community, period.
Dogs Deserve Better is excited about the Opportunity to present
with Amanda Townsend the anti-chaining ordinance, and we do hope
that you'll take a look at this so that we can all come together as a
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November 10, 2009
community to better the welfare of our community with educating our
owners about different things in the -- different things that we can do
-- different alternatives for bringing our pets off of chains and finding
better ways to bring them into the home.
There are many, many things that come with this. We know that
a chained dog is 2.8 times more likely to bite than a dog that has been
socialized. Unfortunately our children are victims ofthis. So if we
can come together to make this anti-tethering effort a law, it will give
our animal control officers as well an opportunity to have a law that
they can sink their teeth into, giving our taxpayer dollars a better bang
for your buck, if you will; in other words, they work tirelessly out
there, so we want to be able to provide them with an ordinance that
will -- that will be specific, and an anti-tethering, unsupervised
tethering of a dog.
I hope that you'll be able to provide that for this community.
And Dogs Deserve Better is absolutely willing to go into the
community and help with this by providing the education alternatives
and anything that we can do to assist.
Do you have any questions?
CHAIRMAN FIALA: Next speaker?
MS. FILSON: Michele Antonia? She'll be followed by Tom
Kepp.
MS. ANTONIA: In relation to changing the animal control
ordinances to accommodate trap-neuter-return program, I represent the
Collier Community Cat Coalition, and the Collier Community Cat
Coalition is working forward to a close partnership with Domestic
Animal Services to resolve any concerns or conflicts that the citizens
of Collier County may have with free-roaming cats.
It is the goal of the Collier Community Cat Coalition to sterilize
and vaccinate colonies of free-roaming cats to prevent the birth of
unwanted litters, to prevent the expansion of existing cat colonies, and
to prevent the creation of new cat colonies.
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November 10, 2009
Trap-neuter-return for free-roaming, abandoned, stray, and feral
cats is the only proven humane method to controlling cat
overpopulation with the ultimate goal being no more free-roaming
cats.
We feel that changing the animal control ordinances to
accommodate trap-neuter-return along with the strong partnership of
the Collier Community Cat Coalition and Domestic Animal Services
will be an asset to Collier County.
Changing the animal control ordinances to accommodate
trap-neuter-return is of no cost to the county. In fact, it should help
DAS to have additional time to attend to more serious matters and
may, in the long run, even save the county money.
(Applause.)
MS. ANTONIA: Any questions?
CHAIRMAN FIALA: Thank you.
MS. FILSON: Next speaker is Tom Kepp.
MS. ANTONIA: Thank you.
MS. FILSON: He'll be followed by Pallas Diaz.
MR. KEPP: Tom Kepp. I've been on the Humane Society Board
for about nine years, and I've been on your Domestic Animal
Advisory Board since its inception.
I just want to say that I strongly support all these changes, and I
strongly support Amanda. She's the first one in all these years that I've
been involved in this that has put those pieces of the puzzle in place
that hopefully will, in a year or two -- hopefully faster -- but in a year
or two actually help the overpopulation, which by controlling that, we
solve a lot of problems with the euthanasia rate and dog bites and a lot
of these problems that exist today.
And Amanda's been really the first person that's been __ that ran
the organization that has understood that you have to go to the
overpopulation problem and to solve that. And with your support,
which I see that's happening, I really believe this is all going to make a
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November 10, 2009
difference in the years to come, and I thank you for supporting all this,
which I know you will.
Thank you.
MS. FILSON: Pallas Diaz. She'll be followed by Tina Bland.
MS. DIAZ: Hi. My name is Pallas Diaz. I'm the founder and
director of Collier SpaylNeuter Clinic. We are a nonprofit,
high-quality, affordable spay/neuter clinic located in Naples. Our
low-cost services are open to all members of the community.
With the opening of our clinic, sterilization services for
free-roaming cats are more affordable than ever. Weare in complete
support of the Collier Community Cat Coalition and we intend to
work closely with the coalition to assist them in providing extremely
affordable spay/neuter services for free-roaming cats.
On behalf of our organization, I want to say thank you so much
for your consideration of the Collier Community Cat Coalition,
community-wide trap-neuter-return program, as well as the other
conceptual changes to our county's animal control ordinance,
including addressing our local pet overpopulation problem.
Also, we further want to commend the director of Domestic
Animal Services, Amanda Townsend, and state our sincere gratitude
and appreciation for her progressive, proactive leadership of her
department.
Thank you.
CHAIRMAN FIALA: Last speaker?
MS. FILSON: I'm sorry. The last speaker is Tina Bland.
MS. BLAND: My name is Tina Bland. I've been involved with
TNR work for about 12 years. And Ijust wanted to thank everyone
for their consideration in this matter and to let you know that TNR
really works.
For those of us that are out there doing it, my first colony is 12
years old. Started out with about 30 cats. I'm down to three. I've had
no new births since the year 2000.
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November 10, 2009
I have another colony for nine years. I started with about 35, 40
cats. I'm down to seven. I've had no new births for about six years
now. So those are just the reality of the situation. Just to let you
know it does work, and we want to continue doing what we're doing.
Thank you.
(Applause.)
CHAIRMAN FIALA: That was their last speaker?
MS. FILSON: That was your final speaker, ma'am.
CHAIRMAN FIALA: Okay. Commissioners, I have a motion
on the floor and a second to approve.
Any further discussion?
COMMISSIONER HENNING: Just a comment. I think this is
going to be the good news of the day.
CHAIRMAN FIALA: I think you're right.
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: 5-0. Thank you.
Item #lOC
RESOLUTION 2009-274: RESOLUTION AMENDING THE
COLLIER COUNTY ADMINISTRATIVE CODE FEE SCHEDULE
OF DEVELOPMENT-RELATED REVIEW AND PROCESSING
FEES AS PROVIDED FOR IN THE CODE OF LAWS AND
ORDINANCES, SECTION 2-11 - ADOPTED W/STIPULATIONS
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November 10, 2009
MR. OCHS: Commissioners, that takes us to 10C, which is a
recommendation to adopt a resolution amending the Collier County
administrative code fee schedule of development-related review and
processing fees as provided for in the Code of Laws and Ordinances,
Section 2-1.
Mr. Gary Mullee, manager of operations support for community
development/environmental services, will present.
MR. MULLEE: Hi. For the record, Garrett Mullee. As Leo
stated, manager of operations support for CDES.
I'm just going to go ahead and take probably about three or four
minutes and give you a brief overview of the process and of the fee
proposal. At that point in time after that, we'll be happy to address any
questions at that point in time, or after public speakers have the
opportunity, we'll be happy to discuss that.
I think at CDES, you know, we fully recognize that we're in
difficult economic times, and we certainly appreciate the major role
that the building industry plays in the local economy. And so we're
bringing forward a proposal to you at this time that's not only an
adjustment of the fees but creates review time guarantees. Five days
for new residential construction, 15 days for new commercial
construction, that we will get it from the front door to -- either the
permit is issued or they have their comment letters.
If we don't meet these standards as part of the fee schedule, we
have guaranteed to refund 50 percent of the review fee, and that's our
way of trying to reassure the industry and motivate staff that we really
are serious with this proposal.
The proposal also creates targets for reserve levels. The proposal
creates a framework for actually lowering fees if we exceed those
reserve level targets, of if the actual revenue from this fee increase
exceeds what we've projected and what we've told the industry that we
expect.
The proposal also works on a policy to outsource temporary
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November 10, 2009
strikes in workload so that we avoid the kind of staffing issues that
we've encountered in the past. In fact, the building department has a
contract in place right now to privatize spikes in workload so that we
can outsource those as opposed to coming to you immediately and
asking for staff.
We're working with the industry on a variety of other issues. I've
made a commitment to go back to DSAC in a few months and report
on those. I think some of your public speakers are looking forward to
going ahead and listing those items out for you, so I'll let them have
that opportunity.
And if this fee motion is approved, we'll be happy to come back
to the board at some point two or three months down the line with the
industry, and discuss what progress we've made on these issues.
The fee changes themselves are relatively simple. In the past we
had a building -- an overall building permit fee and contractor
licensing fees. The building fee was 29 cents a square foot for new
construction. We've split this fee into two separate sections, a review
fee and an inspection fee. The review is now 5-and-a-half cents, so it
was 29 cents. It's 5-and-a-half cents per square foot for each of the
trade groups. There's four trade groups in building. It's building,
mechanical, electrical, and plumbing.
So new construction would face -- may have all four trade
groups, and they would be facing a 22-cent-per-square-foot fee. A lot
of renovation work and smaller permits would be facing only one or
two review types of electrical permits, and that would be a
5-and-a-half-cents-per-square-foot fee.
In addition, there's a separate inspection fee, which is $60 per
inspection, and that's essentially pay as you go. You pay for the actual
number of inspections you receive.
In addition, the fee proposal adjusts contractor licensing fees to
make contractor licensing a self-sufficient section where the fees for
that activity pay the costs for that activity.
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November 10,2009
I'm often asked, or I was asked often in this process, you know,
what's the relationship within CDES between cost and fees and how's
that structured, and that's very specific in the Florida Statutes, and it's
Section 553.80.7. And the section starts by saying that the building
fees can only be used for enforcing the building code.
But the section goes on to state, when providing a schedule of
reasonable fees, the total estimated annual revenue derived from the
fees must not be more than the total estimated annual costs of
allowable activities.
And the statute also goes on to say, the basis for a fee schedule
for allowable activities shall relate to the level of service provided by
the local government.
Our estimated costs for providing services comes straight out of
the FY20 I 0 budget process. Month-long process, it was reviewed by
the Productivity Committee, it was reviewed by the industry, and it
was reviewed and approved by this board, and those are our estimated
costs within the building department that we're using.
The level of service was a discussion over the past couple months
with the building industry in terms of what we could do to help them
and meet their needs while still -- still being true to our regulatory
function.
And what -- the main item that came out of that was, of course,
the service level guarantees. Five days and 15 days. Florida Statute is
very specific about what the building department's minimum
requirements are as far as review times, and that's 30 days.
And so we have established a level of service and have geared
this fee request on a level of service requested by the industry, which
is considerably faster than minimum standards that are in the Florida
Statute.
Our estimated revenue, the estimated fees, come from a study
from an outsourced -- from a private provider, PGM Associates, who
went ahead and did a time study of activities in CDES, the individual
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November 10,2009
times associated with activities like reviews and inspections, and went
ahead and calculated the fees that were necessary to cover the already
established estimated costs in allowing for the level of service that the
industry had requested.
This request was reviewed -- this whole process was reviewed by
the Contractor Licensing Board who voted 6-1 in approval. It was
reviewed by DSAC who voted 9-0 in approval, and it was presented to
the full executive committee of the CBIA.
Just with -- by way of introductions, we have Phil Genot
(phonetic), who is with PGM Associates who did the fee study. He'll
be happy to address any questions you may have. I also have Bob
Dunn from -- your building director, who will be happy to address any
questions you have and, of course, you know Joe and I, and we have
Mike Ossorio from contractor licensing.
CHAIRMAN FIALA: Okay. And we also have how many
speakers?
MS. FILSON: Three.
CHAIRMAN FIALA: Three speakers. Commissioner Henning,
and then we'll call on our speakers.
COMMISSIONER HENNING: Thank you. Nowhere that I
could find in your five-day review time does it say -- I mean, you can
make a comment, and I've seen comments. Well, the embossed __
embossed engineering seal is not raised, things like that.
How -- you can reject -- have a comment and reject it for
anything, and I've seen those. And, you know, that's part of the
problem, what I'm hearing from the industry is, yeah, they would like
it done in a certain amount of time. But I can tell you, I don't think it's
reasonable -- I don't think any person with common sense would be
(sic) reasonable to reject it for those simple things.
MR. MULLEE: You know, that is a legitimate concern, and I
certainly understand that concern. That concern was raised by the
industry as we went through this process, and they were concerned
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November 10, 2009
that we would simply chum rejections.
We made a commitment to DSAC to go ahead and really do a
statistical analysis of every rejection we've made up to the time that
the fee schedule goes into place.
Afterwards -- afterwards we will go ahead and -- afterwards we
will go ahead and do an analysis of all the rejections that we do
afterwards, and we'll compare those, and we've agreed to present those
to DSAC. Be happy to present those to the board just to make sure
that we haven't changed anything.
Once CityView comes online with the building department __ and
CityView is expected to come online early __
COMMISSIONER HENNING: Mr. Mullee, I want you to
change. I think everybody wants you to change.
MR. MULLEE: Okay. When CityView comes online in early
February, we'll be able to present realtime statistical reports about
what the rejections are, and we'd be happy to have a discussion about
that.
COMMISSIONER HENNING: I want to see something __
before you get my approval -- of what the rejections are going to be.
A five-day, either you get your permit or you're going to get a
comment. I want to know what those comments are going to be.
Because there's expectations -- are out there, and I don't want you to
fail in this -- in changing the fee schedule.
MR. MULLEE: Uh-huh.
COMMISSIONER HENNING: Okay. The second thing is, on
Page 3 of your report -- actually it's Page 18 of 105, you have columns
here of contractor licensing, plan review, and inspection. Those are
your costs.
MR. MULLEE: What attachment are you on?
COMMISSIONER HENNING: I'm on Page 18 of 103 (sic) of
our executive summary.
MR. MULLEE: Okay. I think that's Attachment D.
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November 10, 2009
COMMISSIONER HENNING: Those are all your costs,
correct?
MR. MUDD: Yes, as delineated in the budget, right.
COMMISSIONER HENNING: For community development.
MR. MUDD: Correct.
COMMISSIONER HENNING: Where are your incomes?
MR. MUDD: Well, the incomes are also -- well--
COMMISSIONER HENNING: Such as your income from the
general fund for code enforcement, such as incomes from impact fee
administration that is not a part of the fee, such as fire plan review that
is not part of your fee? They pay you -- they pay a fee for __ to be in
community development. Those are not included in the breakdown to
justify the permit -- permitting fees.
MR. MULLEE: Code enforce- -- this is strictly a Fund 113 fee
request in the building department, and so there is no general fund
support into 113. 113 is totally fee supported.
COMMISSIONER HENNING: I understand that.
MR. MULLEE: So impact fees is totally separate.
COMMISSIONER HENNING: I understand that.
MR. MULLEE: Code enforcement's totally separate, fire
department's totally separate.
COMMISSIONER HENNING: You have department -- you
have code enforcement over there that supports the operational costs
of community development. That building -- you have code
enforcement in there. That building you have an impact fee review
department that those -- those administration costs are paid from the
impact fee.
You have fire plan review in there. I don't know what else you
have in there, but you have incomes associated that should be
reflected within your breakdown, because you -- I understand you
have costs, but you have some incomes that need to be associated with
that to get down to your bottom-line costs.
Page 94
November 10, 2009
MR. MULLEE: If you look at the next page from the page that
you had referenced, on the following pages -- as we calculate the
costs, you'll see a section called less non-fee revenue.
COMMISSIONER HENNING: Okay.
MR. MULLEE: What that section, non-less fee (sic) revenue is,
is allows for all the additional revenue that comes into 113 to be
deducted off of the calculation for the fee increase.
COMMISSIONER HENNING: Can you show me -- how far
down is that?
MR. MULLEE: It's on the next page following. It says, less
non-fee revenue. Interdepartment reimbursements for inspectors,
$200,000, where building inspectors have been farmed out to a couple
other sections. CityView charges to non-Fund 113 sections, $240,000.
Rent charge by Fund 113, $550,000 worth of rent to other sections
within that building.
COMMISSIONER HENNING: Okay.
MR. MULLEE: Interest income, which is $120,000.
COMMISSIONER HENNING: Mr. Mullee, I'm looking for the
bracketed -- the amount bracketed that -- which would be a minus.
These are your expenses, so __
MR. MULLEE: Those are revenues, which we have deducted
off of the revenue to calculate the fee total. So when we calculate a __
you know, it's not a -- is this a -- what we looked at, what was the
necessary revenue to meet cost and the fees against that. And so when
we went to that calculation, we simply removed the __ the extraneous
or the extra revenue from the calculation so we could just calculate on
the fee thing.
COMMISSIONER HENNING: Can you put it on the visualizer.
Okay. On the top of the header it says, CDES Funds 113 expenses.
MR. MULLEE: That's right, and those are the total budgetary
expenses, and you'll see a total of $8 million -- $8,500,000.
COMMISSIONER HENNING: Okay.
Page 95
November 10,2009
MR. MULLEE: Then you go ahead and you deduct the exterior
revenue, I mean, the other revenue. You see all the various revenues
that are coming into there, cost-sharing charges. Like I charge my
personal salary off to different funds. General fund support for
records and -- you'll see the different charges that come into the thing
into 113, and it's $1.58 million, which leaves you a figure of $6.9
million that we have to meet as far as from fee revenue.
If you go ahead and you look at that front page, you'll see the
bottom grand total there is 5 -- $6.8 million. That's our projected fee
revenue from the fee increase.
COMMISSIONER HENNING: Okay.
MR. MULLEE: And so we have allowed for all the other
revenue that's coming into 113 that the -- the Florida Statutes are very
specific about that point. You make an excellent point. The Florida
Statutes are very specific that the fees have to allow for all other type
of revenue.
COMMISSIONER HENNING: And you've answered that
question, and I appreciate that.
MR. MULLEE: Thank you.
COMMISSIONER HENNING: My next question is, each
inspector is doing a certain amount of inspections per day.
MR. MULLEE: Yes.
COMMISSIONER HENNING: Where is that calculation at?
MR. MULLEE: The calculations -- and I can maybe go ahead
and ask if Phil would like to handle it. Phil went ahead and took a
look at the hourly breakdown of every task that the inspector did __
does. And so -- did you want to kind of just -- kind of briefly discuss
that process of kind oflooking at the -- this is Phil Genot from PMG
Associates.
MR. GENOT: Again, when we did the calculation ofthe hours,
we did that for every function in the department. It's a 113. And in
answering the question on inspectors particularly, we met with a
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November 10, 2009
number of inspectors and their supervisors to determine the amount of
time they took on an average inspection; then we went and verified
that because we have records on the number of inspections they do on
a daily, weekly, monthly basis and with the number of hours they
place into that to make sure that the figures were not excessive in
terms of the estimates that they gave us during our interviews with
them.
And for example, in this particular case, the estimate was
somewhere around 40 minutes for conducting an inspection, but you'll
notice in the analysis we reduced that down to about 30 minutes
because the records did not verify the 40 minutes. So we lowered them
because they were not appropriate at that particular time.
Again, after that, went back with the inspectors again, and
particularly the supervisors, to make sure that time was valid. We did
that for all functions for all permits. We looked at what they felt they
were doing, and then we went and verified it based on the records that
were kept, number of inspections, number of hours to do that.
COMMISSIONER HENNING: Okay. Were the inspections
different, the amount of time they spent on per inspection?
MR. GENOT: They always are. We took the average number.
The reason for that is it varies for so many reasons, the type of
inspection and its location. If you're doing an inspection right around
the comer, it will take two minutes to get there. If you're going on the
other side of the county, it will take a longer period of time. So what
we did is the average on them.
Outside of doing a meter on each individual, that what __ the only
thing we could do was an average time for each inspection.
COMMISSIONER HENNING: Okay. Thank you.
My next question is, I didn't see where -- I mean, you have a __
you can buy in bulk permits, a permit booklet.
MR. MULLEE: The bulk permit, the -- what do you call them,
convenience permits -- the convenience permits were previously a
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November 10, 2009
book of ten convenience permits which included one inspection, was
$450. Was it 450? It was $500 previously.
What we did is we took a look at the time involved and we raised
it to $750 in this proposal. The reason is because the convenience
permits do include one inspection, which is $60, and we figured the
cost of processing a convenience permit -- because it wasn't a full
review, we have to go ahead and print up the convenience permits and
enter them into the system, processing the system -- was probably
only about $15.
And so we -- instead we made that $750. So instead of pulling a
full permit with a minimum of 110 and having one inspection for 60
for 170, the convenience permits are $75 apiece.
COMMISSIONER HENNING: They were. What are they __
MR. MULLEE: They were $50, $50 apiece. They were $500
for a book of ten, which doesn't even cover the cost of running out and
doing the inspection, so we're trying to recover the cost of an
inspection there.
COMMISSIONER HENNING: Let me try to figure out what
you're doing here, because you're going -- I'm not sure if you're __ let
me just give you an example. Air conditioning replacement, okay. I
see under mechanical permits, you're charging a per square foot
instead of just a one time. Now would they have to come in with an
express permit to verify the square footage?
MR. MULLEE: No. There's provisions -- there's provisions in
this section because there's clearly certain items which are not square
footage or not square-footage basis. So there's provisions in the __ in
the fee schedule for items which are under 500 square feet.
Convenience permits are not based on square footage. That's why we
kept the valuation table as an attachment. So certain items are
intrinsically non-square-footage in basis. And an air conditioner--
COMMISSIONER HENNING: The valuation table is not in __
MR. MULLEE: The valuation table is one of the attachments to
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November 10, 2009
-- within there.
COMMISSIONER HENNING: Okay. Maybe it's just missing
from mine. The valuation table is in the old one, but it's not in the
new one. Same thing that happened last time we did these.
MR. MULLEE: Well, it's actually in the package, which attach-
-- hang on a second. The valuation table is Attachment J, and it's the
2007 valuation table. We did not update the valuation table because
that would be a board-directed item.
COMMISSIONER HENNING: What page of the agenda item?
MR. MULLEE: I don't have the full agenda. I have __ I put the
attachments in. So it's Attachment J listed in the executive summary,
and it's also listed as an attachment in the fee schedule.
COMMISSIONER HENNING: What page would I find the
express permits under the new ordinance, new resolution?
MR. MULLEE: The valuation table, I've just been told, is Page
79 of your package.
COMMISSIONER HENNING: Seventy-nine.
MR. MULLEE: The convenience permits, what section is the
convenience permits? Hang on a second. W e'lllook that up for you.
COMMISSIONER HENNING: And then my last question,
looks like we're adding in -- and it's Page 102 of 105 -- the fire code
reVIeWS.
MR. MULLEE: There's two sections to the fee code. There's a
reference in the fee code. Basically there's two types of fire reviews
referenced in the fee code. One is on the planning and zoning side and
one is on the building side. On the building side it references the
schedule of fee, fire codes. We got that information from the fire
department. We've attached that as an attachment to the schedule,
since it is, in fact, referenced in the thing.
COMMISSIONER HENNING: Has that changed?
MR. MULLEE: It hasn't changed, and so we haven't __ unless
the fire department has changed some type of code structure in there,
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November 10, 2009
but they don't inform us of what they're doing with their fees.
COMMISSIONER HENNING: We have to adopt it, correct?
MR. MULLEE: Then I assume it hasn't changed. I asked, and
they haven't told me it's changed. I used the exact same attachment.
COMMISSIONER HENNING: Okay. But if it has changed, we
have to adopt it, and don't we have to justify it?
MR. MULLEE: Right. We're not requesting that. We're not
requesting a change to it. But I've been told, yes, you have to adopt
fire. I haven't seen that happen, so I'm not __
Convenience permits are Page 95 of your section. What page is
it?
MR. SCHMITT: Strikethrough and underline, Page 95.
MR. MULLEE: Okay. The strikethrough and underline is Page
95. It's Item X.
COMMISSIONER HENNING: X.
MR. MULLEE: That change -- right. Item X at the very top of
the page, and we've changed it from $500 to $750 and delineated the
fact that it includes one inspection.
COMMISSIONER HENNING: Okay. But it doesn't say what
that convenience permit covers, like a water heater. Oh, no, that's
right. We struck those out. Like the air conditioning and __
MR. MULLEE: The conve- -- you have it? And you have it.
Yeah, let me go ahead and introduce Bob, Bob Dunn, who is your
building director.
MR. DUNN: Hi, good morning. Bob Dunn, your building
director --
COMMISSIONER HENNING: Nice tie.
MR. DUNN: -- Collier County Building Department.
Convenience permits, Alamar issues the convenience permits at the
counter. We give them -- you know, we use them for plumbing, for
minor plumbing work, garage door replacements. Garage doors have
to be replaced. They can come in and buy a book of -- you know, we
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November 10, 2009
have a lot of contractors from all over the area come in and buying
convenience permits. So this is a simple one-inspection type of
permit.
COMMISSIONER HENNING: Is it for replacement of air
conditionings?
MR. DUNN: We do replacement of air conditioners, yes.
COMMISSIONER HENNING: Would a convenience permit fee
cover a replacement of air conditionings?
MR. DUNN: Yes.
COMMISSIONER HENNING: Okay. Thank you.
MR. DUNN: That's all? I also wanted to bring up -- the first
point was the question you had about review, plan reviews within five
days and the comment about sealed plans __
COMMISSIONER HENNING: Yes.
MR. DUNN: -- when they're submitted. We've taken over our
planning techs that do the reviews for the single-family homes, and
they're now work at the counter. Juan did, a couple -- we have a plan
review planning techs sitting on the front counter now, and they
review those plans when they're submitted with the permit
applications. So if they're missing the seal on one of the sets, we tell
them right there upfront, hey, you're missing the seal. That's one of
the issues you're going to need to, you know, bring back in. So it's
nothing that we would find five days down the road. We would find it
at the application time.
COMMISSIONER HENNING: My only comment on that is, I
mean, we're hearing all kinds of things, whether they're true or not __
MR. DUNN: Right.
COMMISSIONER HENNING: -- are rejections.
MR. DUNN: Right.
COMMISSIONER HENNING: Some things are rejected
because, well, it wasn't caught the first time.
MR. DUNN: Right.
Page 10 1
November 10,2009
COMMISSIONER HENNING: Those type of things. And if
we're going to make a commitment, let's make a commitment so that
everybody can understand and hopefully embrace. And I just haven't
seen that commitment in here.
MR. DUNN: Okay. Well, let me commit to you personally that
we review the plans. We have a checklist for all the single-family
homes and we have one for commercial. It lists all the code sections
that we're going to be reviewing by. We're not going to take any other
code sections and start reviewing a set of plans. I mean, it's right out
of Florida Building Code residential for single-family. We're going to
use those code sections that are attached to the application.
It's part of your application process. The applicant can actually
check off that they have all those identified when they submit the
plans, also with the commercial.
COMMISSIONER HENNING: Yeah. And it's -- Mr. Dunn, it's
not with the building permitting and review.
MR. DUNN: Right.
COMMISSIONER HENNING: I think it's more of zoning
department that we hear those.
MR. DUNN: Well, the zoning -- zoning doesn't -- they don't do
single-family.
COMMISSIONER HENNING: I know.
MR. DUNN: So the single-family for five days, we do the
review in-house with the planning techs and also with our plan
reVIewer.
MR. MULLEE: And I just wanted to kind of point out __ I just
wanted to point out that zoning and zoning fees and the land use fees
is going to be a separate proposal. We hope to bring that forward to
you in January, and we certainly are aware of those issues, and we're
going to make every effort to work with the industry to address those
issues before we come before you.
CHAIRMAN FIALA: I just wanted to add, that was a
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November 10, 2009
conversation that I had with Bob Dunn in my office was rejections,
and then after the rejections are fixed, a new set of rejections comes
out, and it's very frustrating to the industry.
And I said -- I suggested to them that when they give a list of
rejections, that should be it. They shouldn't then come out with new
ones and new ones and new ones. And same with requirements, you
know. You know, they might have requirements for the first set and
then come back again. It must be very frustrating. And so we had a
nice conversation about that as well.
Now we have speakers?
MS. FILSON: Yes, ma'am. I have three speakers. Georgia
Hiller. She'll be followed by Bill Wendle.
MS. HILLER: Good morning, Commissioners. Georgia Hiller,
candidate for County Commission, Second District, Frank Halas' seat.
Commissioners, this is not the time to be raising fees. This is the
time to be cutting costs. Higher fees cannot be charged to pay for past
waste. I've looked at the underlying analyses, and they don't make
sense.
What happened to the furloughs? There are no more furloughs.
What happened to promoting operational efficiencies that will result in
higher levels of performance without additional spending?
When demand for a service is declined precipitously, the
underlying costs must also decrease. Building permits have declined
to historical lows. The county must adjust CDES's budget to match
the decrease in demand for CDES services.
Level of services needs to be achieved by promoting efficiencies,
not by throwing more money at the problem. You are adding
additional costs to a sector of the economy that needs assistance, not
more financial burdens.
Thank you.
MS. FILSON: The next speaker is Bill Windle. He'll followed
by Tom Lykos.
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November 10, 2009
MRWENDLE: I'll be yielding my time to Tom Lykos.
MR L YKOS: Good morning, Commissioners. Thank you for
your time.
I'm speaking to you on several different topics with regard to
these current matters.
First of all, as vice-chairman of the Licensing Board and
president of CBIA, I want to comment on the licensing fee increases.
The Licensing Board met in September in a special meeting to
review the fee calculations and fee increases proposed by CDES.
After much debate, the licensing board approved the fee increases by a
6-1 vote.
CBIA is represented on the Licensing Board by two members.
Terry Jerulle and myself, both general contractors.
Although we are not pleased about increasing fees during the
current economic conditions, the fee increases bring Collier's fees to a
level that is more in line with the services provided; however, the
investigation services performed by the department and solely funded
by licensing fees are often provided to the general public, including
recovering restitution for homeowners. Those efforts have no direct
benefit to licensed contractors. As such, we feel that the general fund
should provide some level of funding for the licensing department.
As an example, if a homeowner calls the licensing department
about an unlicensed contractor who they mayor may not have
contracted with or who may be doing work in the neighborhood, that
investigation is conducted by the same people that are funded by our
licensing fees even though that investigation has nothing to do with a
licensed contractor.
So there are services provided to the general public, whether it be
the investigation of unlicensed work or getting restitution for a
homeowner that are not directly benefiting general contractors that are
licensed in Collier County or in the state and we think, therefore, there
should be some funding provided to that department, some subsidy
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November 10, 2009
provided to that department for those services provided to the general
public.
Now, as Tom Lykos, president ofCBIA, on October 27th, the
CBIA executive committee met with Bob Dunn and Gary Mullee for a
full discussion led by Bill Varian, the chair of DSAC, on the fee
increases and performance standards proposed by CDES.
We were aware of the endorsement of DSAC, and Bill Varian
updated us on what transpired during the DSAC meetings. As a
matter of fact, I sat in on one of the subcommittee meetings to review
the calculations provided by Gary. And as an aside, I wanted to let
you know how much I appreciate the effort on Gary's part.
If you can imagine trying to get a room of eight or ten or 12
people together and being able to make a financial presentation that
would answer all the questions of those difference people, Gary did do
a great job. I wanted to make sure you were aware of that.
So again, Gary, thank you for your efforts.
Although we are opposed to any cost increase during these
difficult economic conditions we are more concerned about the
ramifications of CDES continuing to reduce staff and the services in
reaction to falling revenues. And we shared those concerns with
CDES, and you've heard comments earlier.
As part of our endorsement of the fee increase, we shared with
Gary and with Bob at our meeting some concerns that we had.
Number one, we believe that the records department should be
subsidized by the general fund, as there are services provided directly
to the general public without relationship to building permit services.
As an example, if an existing homeowner wants to find their
existing plans for their home, they go down to the records department
to get that paperwork. Well, that's got nothing to do with a current
permit or current permit application or a licensed contractor or really
anything having to do with the 113 fund.
I have heard estimates anywhere from 50 to 70 percent of the
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records department's efforts that are not related to the 113 fund and
permit fees. So we think that there should be a study done of the
records department's services and who those services are provided __
and in a conversation with Gary and Joe and Bob in recent days,
they've offered to do an analysis of those services for a 90-day period
and report back to CBIA and the DSAC on exactly how those services
are divided up amongst the 113 fund and the general public so they
can report back to us and to you on whether or not there's a legitimate
requirement for subsidizing by the general fund.
I think at the most basic core of what we've been discussing
today, as contractors, we want our permits. We don't want refunds.
So we respect that the motivation and the incentive for CDES to get
the permits out quickly is a legitimate incentive for the employees at
CDES, but in the end, we want our permits issued. We don't care
about refunds. I can't start work, I can't put my people to work, and I
can't earn a living if I'm not working. Giving me half my money back
is not making -- helping me earn a living, it's not helping put my
employees to work.
So we would really like the focus to be on how CDES is going to
create those systems and procedures that will allow them to get
permits issued within five days.
We would like to see written documentation on the efficiencies
and the plan review process that are documented, measurable, and
enforceable. As an example, I'm a remodeling contractor. I also built
custom homes. My primary business is remodeling. When I apply for
a permit to do a kitchen renovation on the 18th floor of a
condominium, my permit application goes through FEMA and impact
fees, and don't necessarily think that that's appropriate.
So we think there are things that can be done to adjust the way
that our permits are accepted and the plan review process to expedite
the permitting process.
Also, any work in the condominium unit is considered
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commercial. So my kitchen remodeling permit would be slowing
down the permit of a larger commercial project because they have to
go through the same review process. So if we can find a way at
application to separate out those permits and find a way to fast track
some of those smaller projects, we think that would increase
efficiency across the board.
CHAIRMAN FIALA: Tom, could you wind up?
MR. LYKOS: Yes, ma'am.
CHAIRMAN FIALA: Thank you.
MR. L YKOS: We also think that zoning is a major issue.
You've heard about that in a commitment from the building
department on that. We would like to find a way to combine
inspections to save time and money, cross-train inspectors, and allow
for electronic submittal and review of plans and permits.
Thank you.
CHAIRMAN FIALA: Thank you, thank you.
Commissioner Henning?
COMMISSIONER HENNING: Tom, don't go away, please. On
the kitchen remodel, does it show on the plans that it's a kitchen on the
13th (sic) floor of a building?
MR. L YKOS: Yes, sir. Part of the application is to show what
the scope of work is and what floor the condominium is on.
COMMISSIONER HENNING: Okay. Well, duly noted. I
agree, we need some efficiencies of where all that goes.
You know, as far as the recording department and citizens asking
for the records, would you agree that that, instead of coming from
general fund, because some of us don't do that, that it should be a fee?
MR. L YKOS: Well, that's another way to do it is to charge a fee
directly to the people that require that service.
COMMISSIONER HENNING: Sure.
MR. L YKOS: But it just shouldn't be paid for by permit funds.
COMMISSIONER HENNING: I understand. That's reasonable.
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November 10,2009
Is that something that we can look for in the future, Mr. Ochs?
MR. OCHS: Yes, sir. We're going to take a look at that and see
if we can't come up with --
COMMISSIONER HENNING: Yeah. Some of those
common-sense items, if you're doing a remodel and you're not adding
any square foot, does it have to go through the impact fee department?
MR. MULLEE: We're going -- as far as what goes through the
impact fee department, as part of the CityView process, we're doing
an examination of that, what is necessary to go through and
automating that process. So we are actively looking at that right now.
COMMISSIONER HENNING: Okay.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER HENNING: Thanks.
MR. L YKOS: Thank you.
COMMISSIONER COYLE: Yeah. Tom, don't go away.
MR. L YKOS: Yes, sir.
COMMISSIONER COYLE: Is it an accurate assessment that the
building industry doesn't like the higher fees but you're willing to
accept them if they will get you better performance and review of your
permits and the conduct of your inspections?
MR. L YKOS: That's correct, sir.
COMMISSIONER COYLE: Okay. Then performance becomes
a very, very important part of your support for these increases, I
presume?
MR. L YKOS: Yes, sir.
COMMISSIONER COYLE: Do you -- well, let me say that in
the past I've tried to run down problems for contractors who have
very, very long approval cycles, and I get all of the documentation
associated with the reviews, and I go through them for the first
submission, second submission, third submission, and fourth
submission. And it's very difficult trying to run down all of that stuff
and arrive at a clear conclusion as to who was responsible for the
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delay. In most of the cases I've seen, the responsibility's sort of split.
But we've got to get to the bottom of the performance issue. And
I'm wondering if it would be possible or desirable to have the DSAC
review the performance of the people who are reviewing the permits
and conducting the inspections.
We get reports from our development services organization, and
they've heard me say it before, for me, they're performance __ I mean,
they're activity reports. They're not really performance reports.
The people from the development side of the house have the
expertise to understand what went wrong during the review process
and to make recommendations about how to make it better.
So what I'm wondering is if the people who are expert in these
things can evaluate the performance of our staff rather than the staff
evaluating their own performance. Is that something that you think
could be done without placing an unacceptable burden on the DSAC
committee?
MR. L YKOS: I think that's an excellent recommendation. I
think the members of our industry and our association would cherish
the opportunity to be involved in that process.
COMMISSIONER COYLE: I would appreciate receiving
regular reports at least once monthly about how well you perceive our
performance levels to be holding up and any recommendations you
might have, specific recommendations, giving real examples, and
those are things that we can begin to hopefully take action on and deal
with it. The way we're dealing with it now is very, very difficult.
And if you would be willing to do that, I would like to make a
recommendation that our -- the board provide guidance to staff to
provide DSAC with information that is necessary for DSAC to review
the performance under this thing.
MR. MULLEE: We would be happy to do that, and we always
would welcome the input.
COMMISSIONER COYLE: Okay. And I'd say one other thing.
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If you miss the performance standards, you refund three times their
money to them, not just 50 percent. I'm being facetious, but you
understand what I'm getting at.
MR. MULLEE: Yes.
COMMISSIONER COYLE: And I also support the other
recommendations about, let's define who's really using the services
here and charge them.
MR. MULLEE: We made a commitment to take a look at that,
and we'll be happy to do that. Certain -- you know, when it gets to be a
funding issue, you know, you start to get into a policy issue, and we
pride ourselves on implementing policy, not creating policy __
COMMISSIONER COYLE: Well, we can change the policy--
MR. MULLEE: -- so we'll get that back to you.
COMMISSIONER COYLE: -- if you make some
recommendations to us.
MR. MULLEE: We'll bring that to you.
COMMISSIONER COYLE: If it appears that the wrong people
are paying the bill, then please let us know, and __
MR. MULLEE: W e'lllet you know, and leave it to your
decision.
COMMISSIONER COYLE: -- I think we can -- we can take
action on the policy side and help you out with that.
MR. MULLEE: Be happy to do that.
COMMISSIONER COYLE: But I can't impress upon you too
strongly that I don't like the higher fees. In some cases I'm not even
sure they can be justified. But let's not go there. The development
community has said, we'll accept them if you give us better service.
So service is extremely important.
MR. MULLEE: Yes, sir.
COMMISSIONER COYLE: And you'll have your automated
system up and running by the end of February.
MR. MULLEE: End of February, and you made an excellent
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November 10,2009
point about reports, which are activity-related and which are
performance-related, and we're working on that.
COMMISSIONER COYLE: Okay. That would be very helpful
for all of us. The important thing is that when you get those reports,
you're going to give them to us, of course.
MR. MULLEE: Yes, sir.
COMMISSIONER COYLE: Get them to these people, too,
okay? They need to get that feedback. And if they've got some
problems with your reports and your performance, I'm asking that they
tell us.
MR. L YKOS: Absolutely.
COMMISSIONER COYLE: Okay, good.
CHAIRMAN FIALA: And you'll copy all of us in on these -- on
both of these reports; is that correct, so __
MR. MULLEE: Certainly will.
CHAIRMAN FIALA: -- we can keep track of what's going on.
MR. MULLEE: Yes.
CHAIRMAN FIALA: Thank you. I think that's an excellent
suggestion.
Somebody -- does anybody have a telephone or a cellphone near
a microphone? Is that -- could that be it?
(No response.)
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: That's just my stomach growling.
CHAIRMAN FIALA: I know we should have gone to lunch.
I'm so sorry.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
I like what I see in here, and there's commitments that are being
made that haven't been made before; however, this is an ongoing
issue. Way before this commission came in in 2000, there was an issue
still as far as developmental services, and the product they produced
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was ongomg.
I can remember sometime in the distant past where they sent a
whole delegation of people out to Phoenix, Arizona, to try to come up
with a better way to be able to take the process forward.
We've been reinventing this thing over and over and over again,
and we don't ever seem to be quite there. It's not for the lack of trying.
It's not for the lack of public input. But we're at a unique time in our
history right now. We have -- because of the recession that's out there
and the number of people we laid off, now is the time to get this
operation automated. There's absolutely no reason why we should
have these contractors coming in for simple permits. They should all
be able to be done with email from their own offices, be able to go
forward, and be able to be paid with credit cards over the Internet.
We need to start working towards that direction. If we put it
together now where we automate this process, when the time does
come for the recovery, we won't have to reinstate hundreds of people
back in developmental services. The thing will function very well
with a very limited number of people.
It's so antiquated how this paperwork is handled back and forth.
And to be honest with you, because of the complexity of the situation,
we have a lot of caring people within county government. But I'll be
honest with you, the price they pay, the customer isn't very
well-served.
So I'm still going to vote for this today because of the fact that so
many people put so much effort into it to try to make the economics of
it work out. But we're not there as far as the answer that we need to be
able to take it to the next step.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yes. And I hope that -- I've heard
some good suggestions, some good ideas today, and I hope that DSAC
has the ability to look at the work that's coming in the door to
community development so they get a good assessment of the quality
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November 10, 2009
of work that we expect from your industry to make sure that there isn't
any hangups, because I think if we all work together and address the
issues at hand, that on both sides, if we all -- are in the sandbox
together, I think that the efficiencies will go up, and hopefully we can
do this without additional costs down the road.
One of the concerns that I have -- and you brought up a very
good point, and that was FEMA on the 18th floor. Could someone
give me an -- some background why we would address something,
just for my own -- and I think probably the rest of the commissioners
are wondering why at the 18th floor we've got to address FEMA
Issues.
MR. DUNN: We just -- this was just brought to our attention
during the discussion, so -- with the development community, and this
is an issue that we need to look at. But our planning techs that sit on
the counter that accept the plans, they're not qualified -- you know,
they're qualified enough to take a look at a project and the address.
But you know, to actually do a FEMA review as it goes through the
process through the back with the plumbing and mechanical, or our
plumbing reviewer, he's the FEMA guy. He does the sign-off. So it's
just part of the process.
We could do -- we could eventually work up front and have it
done up front so it doesn't have to go through that process, but it's part
of the --
COMMISSIONER HALAS: Why does it even begin to start
with? I mean, can you tell me why we even have somebody look at
that process at the 18th floor?
MR. DUNN: Well, we're hoping -- we're hoping this new
product that we're going to have onboard by the end of February is
going to take care of that requirement for us.
COMMISSIONER HALAS: Didn't really answer my question.
Why do you have FEMA involved in an issue of this nature if it's __ if
it's not at a flood stage area or a storm surge area, why would FEMA
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be involved in this?
MR. DUNN: FEMA's only involved if it's in the flood zone.
And all they're doing is verifying __
COMMISSIONER HALAS: Yeah, but at 18 foot -- or 18
stories, is that the flood zone?
MR. DUNN: That's all they're doing. They're just verifying that
it's out of the flood zone, the elevation. That's all he's doing. And
there's no other requirements. They sign off on it, NA it, and off it
goes.
COMMISSIONER HALAS: And how long does this process
take?
MR. DUNN: The FEMA review? About five seconds, five
minutes. I mean, it's just a process as it goes through.
COMMISSIONER HALAS: Well, I'm hoping that when we get
DSAC to work together and they can see what's going in the door __
MR. DUNN: Sure.
COMMISSIONER HALAS: -- and then see what the process is,
that it goes through CDES here, that hopefully we can come up with
some joint thoughts in regards to getting permits through, making sure
that all the I's are dotted and all the T's are crossed, you know, that
relate to our codes and regulations here in Collier County, and that the
process moves forward so that we don't continue to have these
ongoing problems with the industry and with CDES.
MR. DUNN: Thank you, Commissioners.
CHAIRMAN FIALA: So Commissioners, I would like to hear a
motion, but I'm hoping it will include something along the line about
the study for the records department that CDES is planning to take,
and I also would hope that it would include the DSAC reports to us
and -- as well as staff reports to us, and so __
COMMISSIONER COLETTA: I'll second your motion.
COMMISSIONER HALAS: Yep.
CHAIRMAN FIALA: Did I make the motion already?
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November 10, 2009
COMMISSIONER HALAS: Yes, you did.
CHAIRMAN FIALA: Okay, fine. Motion is on the floor and the
second.
Any discussion?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay. 4-1 vote. Did you want to say--
COMMISSIONER HENNING: Yeah. You know, the -- as I
stated prior is, commitments of having permits done should be spelled
out in the executive summary, as we heard that they're denied for
reasons beyond my understanding.
CHAIRMAN FIALA: I know. Thank you very much. And with
that, yes, sir.
COMMISSIONER COYLE: Yeah, if I could. I would just like
to make sure that we all had the same understanding on this motion,
that the staff would collect information like that so we could identify it
and it be reported to us and we could take corrective action on that and
get input from DSAC, too. It wasn't my intent that we ignore that
Issue.
CHAIRMAN FIALA: That's exactly what __
COMMISSIONER HALAS: That was in the motion.
COMMISSIONER COYLE: Okay.
CHAIRMAN FIALA: -- what I mentioned in my motion,
because I think the only way we can deal with it is to know what's
going on, and we need to hear both sides of the issue. We can't just
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November 10, 2009
hear from one side and assume that everything is fine. We need to
hear from both sides. And so we'll be looking forward to hearing from
either CBIA or DSAC or whoever wants to give us a monthly report
so that we know what's going on there in the industry.
COMMISSIONER HENNING: I have --
COMMISSIONER HALAS: Let's break for lunch.
CHAIRMAN FIALA: Hold on one second.
COMMISSIONER HENNING: Can I -- while we're on this
topic, I have a bit of a concern of the makeup of DSAC. I mean, we
have members and good members that also do work for the county.
So how can you be objective in your review of policies or fees if
you're getting paid by the same person that is asking for fee increases?
And I would like to see that members of DSAC not be -- do work for
Collier County.
CHAIRMAN FIALA: Oh, I don't think that -- Commissioner
Coletta?
COMMISSIONER HENNING: Yeah, I disagree. We're going to
limit the pool so much to the people that are going to be able to
respond. And I think our government is open enough that people can
speak their minds, by God, and I've seen them speak it before very
plainly and very clear.
And I mean, as far as vengeance go, we run our bidding process
in such a way that that would be a very difficult thing to do. And if
we ever caught anyone doing it, you know what would happen.
CHAIRMAN FIALA: Gentlemen, with that, we'll take a lunch
break. Thank you very much.
MR. OCHS: I :30? Return I :30?
CHAIRMAN FIALA: Yes.
MR. OCHS: Thank you.
(A luncheon recess was had.)
MR. OCHS: Madam Chair, you have a live mike.
CHAIRMAN FIALA: Thank you. Thank you so much.
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November 10, 2009
Welcome back, everyone.
Item #7 A
RESOLUTION 2009-275: CU-2008-AR-13245 COLLIER
COUNTY THROUGH ITS SOLID WASTE MANAGEMENT
DEPARTMENT, REPRESENTED BY DAVID DEANS OF PBS &
J, IS REQUESTING CONDITIONAL USES WITHIN THE RURAL
AGRICUL TURAL ZONING DISTRICT WITHIN THE NORTH
BELLE MEADE OVERLAY AND RURAL FRINGE MIXED USE
DISTRICT (RFMU) OVERLA Y FOR SENDING AREAS TO
ALLOW 1) A COLLECTION AND TRANSFER SITE FOR
RESOURCE RECOVERY, PURSUANT TO COLLIER COUNTY
LAND DEVELOPMENT CODE (LDC) SECTION
2.03.01.A.1.C.12; AND 2) PUBLIC FACILITIES, INCLUDING
SOLID WASTE AND RESOURCE RECOVERY FACILITY AND
PUBLIC VEHICLE AND EQUIPMENT STORAGE AND REPAIR
FACILITIES PURSUANT TO LDC SECTION 2.03.08.A.4.A.(3)(B)
OF THE RFMU DISTRICT FOR A PROJECT TO BE KNOWN AS
THE RESOURCE RECOVERY PARK. THE SUBJECT
PROPERTY, CONSISTING OF APPROXIMATELY 344 ACRES,
IS LOCATED APPROXIMATELY 1.5 MILES EAST OF
COLLIER BOULEVARD AND I MILE NORTH OF WHITE
LAKE BOULEVARD, IN SECTION 25, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA - ADOPTED
MR. OCHS: Commissioners, we're on to Item 7 A. It's your
advertised public hearings.
CHAIRMAN FIALA: It's so much fun to see Fred Thomas here.
I mean, he's been here all day long. I just love it.
Thanks, Fred. We love having you join us.
MR. OCHS: Ma'am, this item is continued from the October 27,
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November 10, 2009
2009, BCC meeting. This item requires that all participants be sworn
in and ex parte disclosure be provided by commission members.
It's CU2008-AR-13245, Collier County, through its Solid Waste
Management Department, requesting a conditional use for a resource
recovery park located on 344 acres 1.5 miles east of Collier Boulevard
and one mile north of White Lake Boulevard in Section 25, Township
49 south, Range 26 east in Collier County, Florida.
CHAIRMAN FIALA: I can see everyone knows the drill.
Anybody who wishes to speak on this subject, the court stenographer
will swear you in.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN FIALA: Thank you. And we have one speaker on
this.
And Commissioners, do you declare any ex parte? We will start
with Commissioner Halas.
COMMISSIONER HALAS: Oh.
COMMISSIONER COYLE: She fooled you.
COMMISSIONER HALAS: Yeah, I guess so. Yes, Madam
Chair. I've had correspondence, email, and I've talked with staff in
regards to this particular item that we're about to discuss.
CHAIRMAN FIALA: Thank you.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, ma'am, I have meetings,
correspondence, emails, and everything's in my folder for anyone that
would wish to see it.
CHAIRMAN FIALA: Thank you.
And you, Commissioner Coyle?
COMMISSIONER COYLE: I have received correspondence
and emails, and I've received staff reports, and it's all in my file if
somebody wants to review it.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Madam Chair __
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November 10, 2009
CHAIRMAN FIALA: Yes.
COMMISSIONER HENNING: -- I received emails, I've had
meetings with residents, and correspondence. It's all in my file here.
CHAIRMAN FIALA: Thank you. And I, too, have received
emails, quite a few emails, and I've spoken with staff, I've got reports
from staff -- boy, I don't know what that noise is -- and reports from
staff, and also, as I say, emails from constituents, and I have them all
here in my file.
Okay. We will open this public hearing. Dan?
MR. RODRIGUEZ: Okay. Good afternoon, Commissioners.
For the record, Dan Rodriguez, your Solid Waste Management
Department director. Thank you for the opportunity to bring the
resource recovery park conditional use petition before you.
Commissioners, as with all of our projects, it is the mission of the
Solid Waste Management Department to provide best-value services,
responsive and compliance services that protect our environment, but
also preserve valuable landfill airspace and plan for the future needs of
our community.
Again, with all of our projects, the Solid Waste Management
Department depends on the nexus to a board decision. Back in 2006,
December 5th, the Board of County Commissioners approved an
integrated Solid Waste Management strategy that provided clear
direction to staff on developing a resource recovery park. A resource
recovery park was one of 32 options for obtaining additional facilities
here in Collier County.
Just some quick background. The Collier County Landfill as we
know it has limited life-span and disposal capacity that creates the
need for increased recycling and waste reduction. Reuse and
recycling save Solid Waste Management resources needed by future
generations. The Growth Management Plan specifically provides for
increased recycling here in Collier County.
The BCC approved the Land Development Code provision to use
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November 10, 2009
this particular property for solid waste activities.
As you are all well aware, Commissioners, we only have one
active landfill, which is limited life space and capacity for future
needs.
Based on your guidance and direction from the county manager,
we've worked hard to fulfill your integrated Solid Waste Management
strategy so that we could maximize the footprint of your existing
landfill.
Commissioners, this is a site plan of future cell constructions for
your landfill. As you can see from this map, there are planed cell
constructions for the entire footprint of the Collier County Landfill
limiting our ability to have space for increased recycling or additional
facilities for future needs.
It's most important for us to understand the demand and need in
Collier County for solid waste disposal. As outlined in this graph,
there are over 750,000 tons of waste generated in Collier County last
year. As we mentioned before, Commissioners, the good news is,
because of your direction and support in funding of the integrated
Solid Waste Management strategy, we continue to divert and recycle
more than 71 percent of that.
And as we saw last week in your AUIR which you approved,
Commissioners, you have 28 years of life available in your landfill
disposal capacity. This is because of the deliberate execution of your
integrated Solid Waste Management strategy that we're able to gain
those additional years of capacity.
And with that, I'm going to turn the presentation over to Robert
Mulhere, who will go into the specifics of the conditional use for the
resource recovery park.
MR. MULHERE: Thank you.
Good afternoon. For the record, Bob Mulhere. I'm with RW A,
here on behalf of the solid waste department of Collier County.
Just want to reiterate that that 28-year capacity that you have
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November 10, 2009
does anticipate the relocation of these activities out of their currently
location on the landfill.
The exhibit you have before you is a general location map, shows
you where the property's located in Collier County. This is a little bit
closer picture of an aerial that shows you the subject property and also
depicts the residences, the proximity to residences that are nearby.
And in locating the uses on the site and in response to comments
that we got at public meetings, we were able to locate the uses the
furthest distance away from those existing residential locations and
also to provide the buffers and the lakes and the locations that would
provide the greatest protection.
In fact, we made changes after the first neighborhood information
meeting, we made changes after the EAC, and we made changes after
the Planning Commission based on their suggestions as well.
This is the site plan. As you can see, that nearly -- or actually, in
excess of 50 percent of the site will be protected, will be in preserve.
The buffers to be located, as we said, are intended to provide a natural
buffer as well as supplemented with landscaping to the degree that we
need to. Those details haven't actually been analyzed yet. But if there's
any deficiency in the existing landscaping, we'll be supplementing it
to provide protection for the residences, particularly as you can see
west and east.
CHAIRMAN FIALA: Bob, could I stop you for just a second?
MR. MULHERE: Sure, sure.
CHAIRMAN FIALA: As I'm looking at this, I can't read any of
the things that it says there. Where right now are the landfill cells that
they're working on in this thing?
MR. MULHERE: Yes. They're due south. Specifically do you
want to -- they're due south, and the access will be -- let me come over
to this exhibit here. The existing landfill is to the south, this way,
excuse me.
CHAIRMAN FIALA: Oh, okay.
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November 10,2009
MR. MULHERE: And access will be through the existing
landfill.
CHAIRMAN FIALA: Okay.
MR. MULHERE: At one point there was a lot of concern about
accessing the site through 31 st, but that access has been eliminated.
All of the access will be through the landfill, which addressed those
concerns.
CHAIRMAN FIALA: Okay, thank you.
MR. MULHERE: There was a -- I just don't want to -- I want to
underscore there was an awful lot of consideration that went into
developing this plan even before we got to the public release of the
plan. But even then there were at least three or four changes to the
plan in response to those public comments.
So we believe that what we have right now is the very best plan
that we could have to ensure that those existing residences are
protected from this use.
So I think Dan mentioned it, but I'll speak specifically of the
functions. The solid waste -- the resource recovery park will provide
these functions that are critical to solid waste operations. Debris
recovery operations, both on an ongoing basis and, of course, in an
emergency situation; construction and demolition materials for
processing biomass, which is your horticultural materials for
processing; gas and leachate management.
Whoops, too fast. We'll also process -- collect and process white
and brown goods. And all of these goods -- this is just collection and
processing, but then they go elsewhere for some final use or final
recycling intended purpose. There will also be the collection of
hazardous waste materials and recycling and material recovery
facility.
And then we have this note here at the end, future emerging
recycling technology. This is an ever-changing kind of an industry.
There's this relationship between the county and private providers who
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are working to create new technology for these uses to expand
recycled -- the use of recycled materials and the market for recycled
materials. And as those things grow, then there's greater demand,
things change, and we'll be able in this facility to address those
changing conditions in a better way for the residents and citizens of
Collier County, particularly as it relates to opportunities even for
revenue stream.
This is an example of a tire processing center. They're __ the tires
are really just processed through -- what is it -- they're kind of __
grinded. They grind them and then they're shipped off to an end user.
This is an example of a recycling material recover facility. This
-- in this particular -- you're seeing newspapers in here, but other
materials such as aluminum cans as well could be recycled, glass, so
on and so forth. And you can see that this is a fairly substantial
operation. And then, of course, the yard waste and storm debris
processmg.
This is the Marco Island Recycling Center, and you can see it's
very neat and clean, and that's -- something very similar is what's
envisioned for this property in the future. Designed to meet all of the
specifications for all of the jurisdictional agencies.
A little closer look at some of the -- you have used oil safety
cabinets, exhaust system, used batteries, all within an enclosed
building, all with the appropriate protection mechanisms in place.
So I mentioned that we had a number of public meetings. At the
neighborhood information meeting, the major issues that were raised,
traffic was an issue, it was a significant issue, probably the most
significant issue that was raised, and it dealt with really the access __
the concerns over access to the site through 31 st Avenue Southwest.
We've eliminated that access, and we'll access through the existing
landfill as I indicated.
Odor. The landfill has a policy of compliance with zero offsite
odor. I think that the staff has been very successful in making sure
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that that is, in fact, the case, and that would continue to be the case for
this property and these operations.
We'll -- we agree to comply with all of the county noise
ordinances. Obviously we have to, but there's sufficient enough buffer
here that we don't see that that will be an issue. Of course, if any issue
arises, we'll deal with it.
The stormwater system will be designed to meet the South
Florida Water Management District stormwater approved plan, and let
me step over to this other site plan again. There are some restrictions,
for example, that the stormwater pond -- there are some existing wells
on the site, and I don't know how easy it is to see them, but there's
little squares here that show the existing wells. A couple of the wells
-- the stormwater pond area has been set back in accordance with the
South Florida Water Management District requirements from those
existing wells.
We then went to the EAC. We had a 7-1 vote in favor of the
project. I will tell you that the one vote in opposition, I think there
was a concern expressed over the wells that were located in proximity
to this use; but we made all of the assurances that we could at that
public hearing, that's why we received a 7-1 vote, that actually all of
those issues are addressed. There is no risk. We have Paul Mattausch
here. He can answer any questions that you might have relative to
concerns over wells.
The other issue was household hazardous waste building, and
that was sort of related to the whole well issue and where it was
located, and we actually relocated it in response to their
recommendations.
Listed species, of course, at the EAC was a concern, and the fact
that 50 percent of the site would be preserve.
There were no listed species noticed on site, but obviously there
have -- the site is proximate to, with the landfill there, bald eagles
passing by and using the site and so on and so forth. But there really
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are no listed species issues, and, again, 50 percent of the site will be
preserved.
They then went to Collier County Planning Commission. I
should say before we went to the Planning Commission, we did invite
the planning commissioners out to the site. I know of at least one that
actually took us up on that, and we met Commissioner Strain out on
the site, and it was, I think, a very effective site visit.
You should be very proud. That operation is very clean and very
well managed. It's really my first time out there in a long time,
probably 20 years, and I was really impressed with the management of
the landfill. It's very effective. And I think Commissioner Strain was,
too.
And -- anyway, at the hearing, the -- probably one of the more
significant issues that was discussed was noise, and I think with the
changing of some of the buffer locations and some of the uses, I think
we're effectively able to address that. And, of course, we'll comply
with the noise ordinance. As I said, we changed the buffer to address
the Planning Commission's concerns.
Our hours of operation will be the same as for the landfill, and
our access will be through the landfill. And as a result, we received a
unanimous approval from the Planning Commission.
So let's talk a little bit about the short- and long-term benefits and
why the county's undertaking this project. It was already stated, but
this project is integral to maintain that 28-year supply of space for
solid waste needs. It's also, as I mentioned, provided to take advantage
of existing and emerging technology as it relates to recycling and
resource recovery.
It's fully consistent with the board's direction for this type of
facility in the past. It will preserve landfill airspace through
implementation of the integrated solid waste management system. It
will continue to allow us to divert more material from the landfill and
provide some beneficial use of that material, which is, you know,
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good for everybody.
And it will help -- it's one of the things that will help continue to
maintain the lowest collection disposal rates in the State of Florida,
which we think is very, very important.
Probably there will be some public/private partnerships that will
come about as a result of this as phases are implemented.
So in summary, it's consistent with your previous direction and
your strategic direction. It's consistent with the Collier County Land
Development Code and the Growth Management Plan, and it will
enable the county to better manage solid waste resources today and in
the future and provide you with that capacity that's so critically
important for this community at -- at, again, reasonable costs.
I hope that was a brief enough presentation. We're open for
questions. I know you have public speakers, and we do have some
experts here that can respond to any questions as they come up, yours
or the public's.
CHAIRMAN FIALA: We have one public speaker, is that
correct, Sue?
MS. FILSON: Yes, ma'am.
CHAIRMAN FIALA: Okay. We'll hear from the public
speaker, then I have onboard to speak Commissioner Henning, myself,
and Commissioner Coletta.
MS. FILSON: The speaker is Michael Ramsey. He already knew
who he was, the left-handed guy.
MR. RAMSEY: We all need to know our place in the world.
Madam Chair, Commissioners, my name is Michael R. Ramsey.
I'm the president of Ramsey, Inc., Ecological Consulting, and I'm also
a board member on the Golden Gate Estates Area Civic Association.
Many of the residents that were affected by this proposed project
couldn't be here today because of the midday meeting and they have
to work, so we're trying to bring up some of the issues that they've
communicated to us in the association.
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In this application, CU2008-13245, the applicant represented by
Mr. Rodriguez has been very professional and forthcoming in
information about this project to individuals and the community.
The Estates Area Civic Association has noted in all the public
meetings, the issue of noise and visual disturbance to the adjacent
residents has been voiced in each and every meeting, and at the EAC
and the Planning Commission.
Then in the public meeting after the Planning Commission
meeting, it was communicated that there would be management of the
buffer preserve area for RCW habitat. Now, this creates an issue as to
noise and visual buffer.
The management techniques for potential RCW habitat will
require the removal of the majority of the existing vegetation if it's
considered exotic and cyclic prescribed burning in the area, which fits
the management prescription for Red-cockadeds. This management
will result in the loss of the components that typically create a buffer
for noise and visual disturbance to the adjacent residents.
This project has indicated that there will be heavy equipment
usage all day long during the five-day workweek such as tub griding,
construction debris grinding, dump trucks, loaders, tractor trailers,
heavy equipment usage all around.
The Golden Gate Estates Area Civic Association recommends
that this application be sent back to staff to re-evaluate the creation
and management of a buffer that is more compatible and more friendly
to the adjacent landowners and the community.
Thank you.
CHAIRMAN FIALA: Thank you.
MS. FILSON: That was your final speaker, ma'am.
CHAIRMAN FIALA: Okay, very good.
Commissioner Henning.
COMMISSIONER HENNING: Michael, don't go too far away.
The -- what is the buffer from the nearest residence, or what is
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the distance from an active use?
MR. MULHERE: I'll try to get to that slide. It's in excess of 400
feet, but I want to get to the slide so I can, you know, speak to that
exactly.
Okay. There's a -- there's a 200-foot buffer right in here. This--
part of what we did was we designed this to be the administration
building so that we would have an additional separation before we had
any of the -- the uses that actually are involved in the recycling and
resource recovery. And then, of course, you've got a 150-foot canal
right in here, too, as well, plus the right-of-way, so __
COMMISSIONER HENNING: Well, I think what Mr. Ramsey
was talking about would be to the northeast.
MR. MULHERE: Yeah. I think what -- if I could __
COMMISSIONER COYLE: Get to the slide that shows the
circles of separation. You have those a couple of slides earlier. There
you go. That's it.
COMMISSIONER HENNING: Okay, yeah. That's much better.
MR. MULHERE: You may want to hear from your
environmental staff as to what -- as I said, certainly I'm not an expert
on the mitigation that might be required for Red-cockaded
woodpeckers and what might need to be removed that would cause the
buffer, which is substantial, to perhaps be, you know, less vegetated
and have an impact.
COMMISSIONER HENNING: When you say the buffer is
substantial, are you saying by how it's going to be vegetated or the
distance?
MR. MULHERE: Well, I was speaking to the distance, but
there's also existing native vegetation within the buffer. We have to
supplement that native vegetation for the required buffer. See, there's
two things here. We're talking about a preserve area __
COMMISSIONER HENNING: Right.
MR. MULHERE: -- which acts as a buffer, which is minimally
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200 feet wide and obviously much wider when you look at the green
area to the north and to the northeast.
But within that 200 foot, where it's at 200 foot, you also have a
required landscape buffer, and that required landscape buffer has
required plantings in it.
So I guess one way to address these concerns would be to make
sure that those plantings within the required landscape buffer are
sufficient to provide an adequate buffer, visual buffer for the residents,
if, in fact, within the preserve area some exotic vegetation had to be
removed, because we always have to remove exotics vegetation. I
mean, I don't think there's any exclusion to that.
And I don't really know how much exotic vegetation exists
within that preserve area. But again, I think you may want to ask your
environmental staff who, I'm sure, has been on the site.
COMMISSIONER HENNING: Yeah, I -- actually I do want to,
I guess, probably nail down that more so __
CHAIRMAN FIALA: Go ahead.
COMMISSIONER HENNING: -- but I do also have other
questions on that.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: And I know that's fairly sparse
out there. There's not a lot of vegetation at all.
Michael, would you say it was cleared at one time, or farmed?
MR. RAMSEY: Most of that -- Michael Ramsey, of Golden
Gate Estates Area Civic Association.
Most of the vegetation out there in the studies I've done, it's a __
kind of a wetland cypress transition system that's gone dry and got wet
and gone dry and got wet, and it's going to be vegetative with exotics,
so it runs about a medium canopy coverage or occupation of the area,
so it's kind of transitional, sparse to medium.
COMMISSIONER HENNING: Is it -- is a lot of pepper hedge
out there?
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November 10, 2009
MR. RAMSEY: That would probably be more Melaleuca in that
area because of the transition qualities.
COMMISSIONER HENNING: Melaleuca.
MS. ARAQUE: Do you still have questions from environmental
staff?
COMMISSIONER HENNING: Yeah. I want to know the __
what kind of vegetation is out there predominantly that's going to be
left.
MS. ARAQUE: Okay. For the record, Summer Araque,
environmental services department. I might suggest that the
environmental consultant puts a flux map up for you-all. But as I
recall, you do have some exotic vegetation in the understory. That
would be required to be removed anyways.
And in regards to the Red-cockaded woodpecker, maintenance of
those areas would not be required in the buffer areas. So any of your
-- let me move over here.
Any of these areas around here, any of these areas would
maintain those buffers and would not need to be maintained for the
RCW. And I believe you can refer to number seven on the site plan
which refers to that.
COMMISSIONER HENNING: Well, once you remove all the
exotics out of there, such as pepper hedge and Melaleuca, what's it
going to look like?
MS. ARAQUE: Well, it's pine flatwoods, and there's some
wetland areas, but I don't recall that there's that significant amount of
exotic vegetation, especially in the perimeter areas that are going to
leave it devoid of vegetation, but those areas would need to be
supplemented if they do become devoid in accordance with the
condition on the site plan.
MR. MULHERE: Here's an aerial.
COMMISSIONER HENNING: Okay. So the site plan says __
states that you -- once you remove the exotics, you need to do some
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infilling of native vegetation?
MR. MULHERE: Yeah. Well-- I mean, we don't mind using
native vegetation. I think whatever the code requires. We have to do
a Type C perimeter buffer around the entire perimeter. And I think if
you look at the aerial --
COMMISSIONER HENNING: What is a Type C?
MR. MULHERE: I'll show you. I'll get to that in just one
second. I'm trying to just get it back down a little bit. You can see
that there's a considerable amount of vegetation. And so within the
preserve areas, we would leave as much of that vegetation as possible.
Now, I can't answer to you how much ofthat is exotic, but I don't
think it's all exotic. It's pine flatwood. I think a lot of it is native
vegetation. That would stay. But then we would supplement that in a
perimeter buffer with a Type C buffer which requires trees planted on
center, I think, every 30 feet, and the shrubs and, you know, it's a
typical buffer.
I mean, if that's something that needs to be supplemented, we felt
that this existing native vegetation with the 200- foot width here and
here and, you know, significant all the way down to here, up in here
would provide more than sufficient buffer to, you know, provide a
visual buffer from anybody outside looking in.
I mean, I guess we could say if it looks -- if it looks like it's
insufficient, I think we're already required to supplement that, if it's
insufficient.
COMMISSIONER HENNING: Okay. My next question is, is it
an agency regulation that we house our recycling materials?
MR. RODRIGUEZ: For the record, Dan Rodriguez, your solid
waste director.
Commissioner, there's no regulation that says we have to house
or put into a building our recycling activities.
COMMISSIONER HENNING: You just don't want anybody to
steal them, right?
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There -- on the recommendations from our staff, I have a concern
about this one. Zoning department and land development director,
review director, may approve minor changes to location, siting or
height of building structures or improvements authorized under a
conditional use.
MR. MULHERE: I guess I would defer to staff. That's a typical
statement that you always find in a conditional use because you may
need to adjust the building a little bit. We don't show buildings on this
plan. So within each of the identified land use areas, we have some
flexibility, but we can't move outside of those land use areas. We
can't take the tire, you know, chipping use and move it somewhere
closer to residential. That's why it's shown on this plan, and that's why
you have that level of detail.
COMMISSIONER HENNING: Well-- but it doesn't have the
height.
MR. MULHERE: Yeah. Well, I guess the question is, what is a
minor adjustment in height?
COMMISSIONER HENNING: But if you don't have a height --
a ceiling on height --
MR. MULHERE: We do.
COMMISSIONER HENNING: -- then you don't need a --
MR. MULHERE: We do. It's in the ago district. The ago district
restricts height. This is ago zoned.
COMMISSIONER HENNING: Oh, it does. Oh. What is that?
MR. MULHERE: Thirty feet, 30 feet.
COMMISSIONER HENNING: Thirty feet. Is that above
FEMA, or is that --
MR. MULHERE: That's the zoned --
COMMISSIONER HENNING: -- zoned height or --
MR. MULHERE: That's the zoned height. Oh, yeah, that's the
zoned height.
COMMISSIONER HENNING: How much to the tippy-top?
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November 10, 2009
MR. MULHERE: I don't know if we're in a flood zone. I don't
think we are, so I think that's, you know, that's to the top of the roof
unless you did some sort of an architectural embellishment that could
go above that. We're not -- you know --
COMMISSIONER HENNING: What about the uses? How high
-- I mean, as far as stacking tires or mulch piles or something like
that?
MR. MULHERE: There's -- they can go -- I don't know. I'd
have to defer to Dan. I mean, I think they can go fairly high, but
safety is the consideration there.
MR. RODRIGUEZ: Absolutely. There's no regulation on the
height as long as you provide a safe operation. It's inspected by
FDEP, and they'll approve it.
COMMISSIONER HENNING: Well, I'm considering it for land
use and the surrounding uses is, is what is acceptable so it doesn't have
that visual effect on the neighbors?
MR. MULHERE: I don't -- I really don't think they'd be able to
see any stockpiling given the distance and the vegetation because,
again, you know, if you're standing -- unless you're standing on top of
a 30-foot building, you're not going to be able to look down into it.
You're looking up. Now--
MR. RODRIGUEZ: For the record, Dan Rodriguez, your solid
waste director. To give you an example, the landfill's 108 feet. We
currently have several cells that are closed, so it would be less than
108 feet.
COMMISSIONER HENNING: Well, that's great to know.
Leo, you going to stack it that high?
MR. OCHS: No, sir. I don't think they'll stack that high.
CHAIRMAN FIALA: Finished?
COMMISSIONER HENNING: Yeah. You know, I think we
ought to have requirements, stipulations of height in there. I mean, we
wouldn't do it any different than the private sector; why should we
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accept anything different for the public sector?
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: I'm done.
CHAIRMAN FIALA: I had a couple questions. One, what is tub
grinding?
MR. RODRIGUEZ: For the record, Dan Rodriguez, your
director of solid waste.
Commissioner, tub grinders are the machines that grind up your
hardwoods, your trees, your branches, things like that, similar to what
we had with Hurricane Wilma when we had the debris operations on
Goodlette and Golden Gate Parkway as well as out by Manatee.
They're large circular tub grinders that grind up material into small
pIeces.
CHAIRMAN FIALA: But you would only be doing that during
daytime hours of operation, right?
MR. RODRIGUEZ: It's similar to the operation at the Collier
County Landfill. We currently have tub grinders on site and we
currently manage yard waste processing. Whatever the landfill hours
are currently now, absolutely.
CHAIRMAN FIALA: But never at six o'clock in the morning.
Somebody in one of their letters said something about six o'clock.
MR. RODRIGUEZ: No, ma'am.
CHAIRMAN FIALA: Okay. How many neighbors are in this
area that we're talking about; do you know?
MR. RODRIGUEZ: Commissioner, for -- within a distance of
what, 500, 1,000 feet, would you consider?
CHAIRMAN FIALA: I don't know. Just along that roadway. I
mean, people have been talking about neighbors, so I was wondering,
are we talking about 1,000 of them, 500 of them?
MR. RODRIGUEZ: No, probably less than -- probably right
around 25 neighbors if you count the east side as well as the west side.
It's more populous on the west side, but that's separated by the
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canal and the 200- foot buffer that we plan to provide.
CHAIRMAN FIALA: Okay.
MS. ZIMMERMAN: For the record, Sue Zimmerman with real
property management.
Actually in this northeast section that's carved out here, there's
seven homes right in here in this white area.
MR. MULHERE: You can use this to point to it.
MS. ZIMMERMAN: Sorry.
MR. MULHERE: You can use this exhibit if you want instead.
It's an aerial.
MS. ZIMMERMAN: This outparcel here--
MR. OCHS: Hold on, hold on.
MS. ZIMMERMAN: The outparcel here has no homes on it, and
these areas here, there's one, two, three, four, five, six, seven. There's
a homestead up here and several going out that way. This is a golf
course, and then there's homes along on the other side of the canal.
This is vacant agricultural, and that's CityGate, I believe.
MR. OCHS: Where's the landfill?
MS. ZIMMERMAN: Landfill (indicating.)
CHAIRMAN FIALA: Thank you. You made a statement
before, you talked about the landfill. And I want to just tell you, I took
-- I took a group up. I just said in the paper one time, I'd like to take
anyone up who wants to go, and I had 18 people come along, and we
went right up to the top. I told them they could have lunch up there,
by the way, and they didn't agree to have lunch up there, but it was
going to be free.
But I want to tell you, I hadn't been up there in a while myself,
and I was amazed at what a well-run operation it was. We all stood
around at the top of the cell. We stood there, right there, watching
these trucks bringing all of this stuff in and the birds all flying around,
and it was almost odorless. It was just amazing, the work that you're
doing over there.
November 10, 2009
So this makes me feel very comfortable moving on this because
you do such a fine job over there. Thank you.
MR. RODRIGUEZ: Thank you, Commissioner. And it's due in
large part to your aggressively looking after the landfill, as you did ten
years ago, and giving us clear direction on the priorities, and being a
good neighbor is one of our top priorities, absolutely. Thank you.
CHAIRMAN FIALA: I know it is, Dan. Thank you.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
Yeah, it has been a long time. I can remember in 2000, it was an
issue. I can remember us holding a meeting at the top of the landfill to
discuss the odor problem. At that time they were putting a plastic tarp
over the face to try to save fill, and the odor was four or five miles
away, and we were told that we had to live with it.
Well, Jim Mudd and the different departments got together over a
period of years. That's been corrected. It's no longer the issue that it
was; however, we're not talking about the issue then. We're talking
about the issue today.
And I want to personally convey to you my appreciation with the
fact, how you handled this matter with the neighbors. I even heard
Mike Ramsey say it was excellent how you went from one end to the
other.
I seen the amount of correspondence coming from that
neighborhood change over the period of time as you went through the
meeting process to, the last couple of days, I think we received one
email and that was it, a negative email that still raises concerns, and
people always have a right to raise the concerns.
Now, I want to make sure now, the water, your stormwater that's
going to be generated, is going to be contained within the site?
MR. RODRIGUEZ: That's correct, Commissioner.
COMMISSIONER HENNING: So the neighbors that are living
in the immediate area can expect no more runoff on their property
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November 10,2009
than they've traditionally been receiving?
MR. RODRIGUEZ: That's right. As part of the development
plan, the site development plan, which we'll bring back, we're required
to comply with South Florida Water Management District's water
retention plan, and that would provide us maintaining the water on
site, absolutely.
COMMISSIONER COLETTA: Okay. Now, let's talk a little bit
about what Mike Ramsey brought up, and that has to do with the
preserve area and the boundary. And the amount of area that won't be
cleared, in other words, there will be kind of a barrier they'll hope to
be the item that will keep the visual parts of it away. How thick
would that be? I'm talking about the actual vegetated area that you're
going to be planting.
MR. MULHERE: Yeah. It's 20 -- well, if you're talk- -- in
could, the required perimeter landscape buffer, we're showing Type C
20-foot landscape buffer to be provided.
Now, the preserve area that we've shown there is in excess of200
feet wide. I think we've already indicated that. But the buffer itself
that wouldn't be subject to a Red-cockaded preserve management plan
is 20 feet. That's what we're showing.
COMMISSIONER COLETTA: Now, will that be adequate to be
a visual barrier?
MR. MULHERE: Oh, sure.
COMMISSIONER COLETTA: Okay. Now the rest of the area
we're talking about through either mechanical means or fire reducing
the ground cover down so it's habitat for the RCWs. And I can
understand that. But now, let's talk about sound. These types of
operations just generally do produce sound, it's inevitable, especially
such things as a backup alarm that you have on heavy equipment.
What will these people expect to hear in the future from where
the place -- where they located the work area versus where they live?
MR. RODRIGUEZ: Sure. For the record again, Dan Rodriguez,
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your director of solid waste.
Commissioner, they can expect exactly what's going on today at
the landfill. We currently have front-end loaders, bulldozers, heavy
equipment machinery running all day long six days a week, including
Saturdays, and it would be no different. And we currently do not have
any off-site noise complaints. I have not, in the four-and-a-halfyears
I've been in solid waste, received a complaint on noise at the Collier
County Landfill.
COMMISSIONER COLETTA: Okay. Now, our new noise
ordinance, does it address such things as continuous background noise
of a certain decibel, or how does that work?
MR. RODRIGUEZ: Sure. The -- as far as complying with the
noise ordinance, absolutely. I believe it's 56 decibels, or whatever it
is, but we'll comply with all of those requirements of the noise
ordinance.
MR. MULHERE: And the hours of operation.
MR. RODRIGUEZ: Sure.
COMMISSIONER COLETTA: Okay. The -- I had a couple
more questions here.
MR. MULHERE: I have to make a correction.
COMMISSIONER COLETTA: Yes, please.
MR. MULHERE: I misspoke, excuse me. The height in the ago
district, Susan informed me, is 35 feet, not 30. Yeah, I know.
COMMISSIONER COLETTA: Thirty-five feet for what, the
height of the building?
MR. MULHERE: The height of the building.
COMMISSIONER COLETTA: Because that was the next
question. You know, we've seen it many times before, different
examples where they come in and they show you what the line of
sight is. From how far the buildings are going to be placed back and
the vegetative barrier that will be in place, what's the line of sight as
far as the height of a building going so that these neighbors aren't
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going to have to be left with a building on the horizon?
MR. MULHERE: Well, you got -- I don't have a line of sight
exhibit, but I know there's a significant distance, that's why we
designed the site to move these uses away from the perimeters.
COMMISSIONER COLETTA: And how far away from the
perimeter again?
MR. MULHERE: For the --
COMMISSIONER COLETTA: For the buildings.
MR. MULHERE: Well, let me -- let me get to this exhibit here.
Okay. This tract was designed to hold the administrative building,
which will be a nice attractive building, low building. I don't -- you
know, I would think no more than one story, maybe two stories. Two
stories, okay.
And then you have a preserve area here, and then you have a
150- foot canal, and then you have houses over here which -- again, let
me show you. If you look on the aerial, you can see that. That's in this
area here, so -- these are the houses here in the 150- foot canal. So
you're talking in the neighborhood of 350 minimum, maybe 400 feet
distance.
COMMISSIONER COLETTA: And a canal, too, between
them?
MR. MULHERE: Yes. And an administrative building.
COMMISSIONER COLETTA: So it's very unlikely that even if
the building was 45 or 50 feet high that they wouldn't (sic) be able to
see it from where they are?
MR. MULHERE: Which it -- it was limited to 35 feet.
COMMISSIONER COLETTA: And you're going to limit it to
35 feet.
MR. MULHERE: Yeah. That's the ago We're not asking for any
exception to the height restriction.
COMMISSIONER COLETTA: Yeah, okay. I'm--
MR. MULHERE: And that would be the closest point, by the
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way, which is why I pointed to that one.
COMMISSIONER COLETTA: Okay. Thank you.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yes. I want to thank staff and Dan
for the information package that was given to me in regards to this
whole site plan. And I think it's -- was done very adequately, and
obviously this has been vetted very well.
And I think that what I can see of this -- and I think that we're
being good stewards of the land in regards to what we're going to
build there and also looking out for airspace, future airspace for our
landfill, and hopefully we can extend this out even further than 28
years with this new technology that's coming on board and with what
you're trying to do here to keep everything out of the landfill.
So at that, I make a motion for approval of this project.
COMMISSIONER HENNING: Does that include Planning
Commission's recommendations?
COMMISSIONER HALAS: That includes the Planning
Commission's recommendations, yes.
CHAIRMAN FIALA: Do I hear a second? I second. Okay.
COMMISSIONER COLETTA: Question?
CHAIRMAN FIALA: Yes.
COMMISSIONER COLETTA: We want to be careful now
because the original Planning Commission's recommendation was the
machinery, Item 13, would be included. They've struck it from the
later recommendations, and we don't want any misunderstanding on
that.
CHAIRMAN FIALA: That's a good point, because staffs
recommendation did not include Item 13.
COMMISSIONER COLETTA: And neither -- the Planning
Commission also turned around on that, I understand.
COMMISSIONER HALAS: It's in this, I think. Recycling
processing machine shall be enclosed in a building.
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COMMISSIONER COLETTA: Well, that -- if you read farther
into it, you'll find where they changed their minds on it. It wasn't
practical.
MS. DESELEM: For the record, Kay Deselem, principal
planner. If you look at the Planning Commission recommendation in
your executive summary and compare it to the staff recommendation,
you'll see the Planning Commission has 13 conditions, staffs has 12,
and that's based on a discussion from the Planning Commission at
their consent agenda hearing.
CHAIRMAN FIALA: Right. They went back at the consent and
removed that item.
MS. DESELEM: So there's actually 12 conditions. It wouldn't
be Planning Commission's recommendation. It would be staffs
recommendation as found in that executive summary.
MR. MULHERE: Which, if I could, for the record, Bob
Mulhere, would then be consistent with the Planning Commission's
recommendation that they made at their consent hearing. Thank you.
CHAIRMAN FIALA: All right. Well--
COMMISSIONER HALAS: That's what my motion is.
CHAIRMAN FIALA: Well, what -- yeah, the motion's on the
floor and the second is already there. That's just your agreement then?
COMMISSIONER HALAS: Yes, what came up was staffs
recommendation on this.
CHAIRMAN FIALA: Okay. Commissioners, any other
comments?
(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.
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November 10, 2009
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: Very good. That is a 5-0.
MR. MULHERE: Thank you.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: You know, my concern about
the height and visual issue, I'm sure if it becomes an issue, that -- with
the public, the board at that time is going to address it, is going to
address a concern if Mr. DeLony stacks it too high or something like
that and petitions the board, I'm sure the board will take actions at that
time so--
,
MR. DeLONY: Absolutely.
COMMISSIONER HENNING: Yeah.
CHAIRMAN FIALA: And thank you for bringing that up,
because that is an important thing. Height of building could be 35 feet,
but then something could be stacked 150 feet, so --
COMMISSIONER HENNING: Well, I trust in the government
process that we have, and people that petition their government
officials respond to their concerns.
CHAIRMAN FIALA: And DeLony heard us, so --
MR. DeLONY: We have your intent, sir. We understand your
intent.
COMMISSIONER HENNING: Yeah.
MR. DeLONY: Yes, sir.
MR. OCHS: Will do.
CHAIRMAN FIALA: Thank you very much. Thank you,
everyone. Good presentation.
And I'm going to skip around, if wouldn't mind, if that will be all
right with you, and bring the airport authority because we have a few
representatives here from the airport authority.
Item #14B
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RECOMMENDATION THAT THE COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS APPROVE AND AUTHORIZE
THE AIRPORT AUTHORITY TO BEGIN A SEARCH FOR AN
EXECUTIVE DIRECTOR - TO BE BROUGHT BACK AT THE
DECEMBER 1, 2009 BCC MEETING WITH
RECOMMENDATIONS AND DIRECTION FROM TERESA
COOK - CONSENSUS
MR. OCHS: That would being Item 14B, Madam Chairman.
CHAIRMAN FIALA: Thank you.
MR. OCHS: That is a recommendation that the Collier County
Board of County Commissioners approve and authorize the airport
authority to begin a search for an executive director.
CHAIRMAN FIALA: Is anybody going to give a presentation?
MS. FILSON: Two speakers.
CHAIRMAN FIALA: Okay. We have two speakers. Is anybody
going to give a presentation, or do we -- okay. Come on up.
COMMISSIONER HENNING: Motion to approve.
CHAIRMAN FIALA: Would you call our speakers then.
MS. FILSON: The first speaker is Jim Murray. He'll be followed
by Marvin Courtright.
MR. MURRAY: Thank you, Madam Chairman. Commissioners.
Jim Murray, member of the Airport Authority Board.
I'd like to thank some of the Immokalee Airport fan club, some of
our good tenants and board member for giving their day to be here
today. They're very concerned about the future of the airport.
Chairman Meade is out of town and passes on his regrets. I
would like to express my thanks to Theresa Cook for the excellent
service that she's given to the airports and to the county. She's done
an excellent job of getting the ball rolling on such features as the
National Guard and the FDA building at Immokalee, the taxiway at
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November 10, 2009
Marco Island, the tee hangars at Everglades City, and I wish her well
in her new assignment. I looked online at the pictures of her new
airport in Bend, Oregon, with the runway coming out over the Pacific,
absolutely beautiful. Colder than here, but -- not for me, but it will be
a wonderful opportunity for her.
The ordinance 2004-03 and administrative code of 89-04 specify
the duties of the authority and the qualifications of the executive
director, including the director being an accredited airport executive
by the American Association.
The board is tasked with finding a new director which, of course,
the commission must approve.
Since the authority has neither the ability or operating under the
sunshine laws, the expertise, or the ability to act as a search
committee, we are requesting that a search committee be appointed to
find a new candidate; however, the airports operate, under what they
operate, we believe that we'll need an airport professional to oversee
them.
In the meantime, we have to continue to operate. The governing
ordinance is thorough and complex, and changes will take time to
implement. In the past the authority board member has acted as
interim director, resigning from the board, acting interim director until
a new one is found.
We have a couple of potential candidates among the board with
business, financial, and airport expertise who could fill that.
Let's see. And since you recently appointed an alternate member
to the board, the board could continue to operate.
What we think bottom line is that -- under whatever format the
airports operate and whether this board continues as an authority or as
an advisory board, that we need continuation. We don't -- we don't
dare put off the advances that we've been doing until a new director is
in place, and that we need a professional director.
I thank you very much. I appreciate the support that the
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commission has given to the airport authority and its board. Thank
you.
MS. FILSON: Your next speaker is Marvin Courtright.
MR. COURTRIGHT: Commissioners, Marvin Courtright. I had
the pleasure of being appointed by the County Commission in '93 to
the Collier County Airport Authority Board. That was when it was
formed. It was a pleasure working with everyone, including Mr. Steve
Price who just recently dropped from the airport authority, and he was
on it since day one as well.
We also had the pleasure of hiring John Drury. We hired him,
and we felt over the years he did a good job, and he left. He moved on
to bigger and better jobs.
At the same time there was an interim period filled in by
members of the airport authority, as was just mentioned.
Following that is Ms. Cook. She, in turn, acquired some really
big tasks, even bigger than Mr. Drury, because Mr. Drury started with
nothing, no money, no mandate, and everything had to be built up
from there.
She, in turn, acquired the mandate to continue the development
ofImmokalee, Marco Island, and Everglades City. She had to worry
with the scrub jays in Immokalee, she had to worry with the eagle in
Everglades City, she had to worry with -- and the -- and in Immokalee
-- or I'm sorry -- Marco Island, the crocodiles.
All of these things may seem minor, but we were just discussing
just now a problem, environmentally and as far as the birds, the bees,
and all that.
My point is this: You, as the County Commissioners, have
appointed our airport authority. You've done it over the years.
You've entrusted with this authority to function and improve all these
airports. At the same time you authorized them, as you did us, to hire
a new airport director, CEO, whatever you want to call it.
They deserve the support, the continued support. And the biggest
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problem I see is the fact that the airport director -- I'm talking about
Ms. Cook and Mr. Drury -- as accountable directly to you.
I personally feel that if the airport director was accountable to
your airport authority and your airport authority was accountable to
you, you might be more comfortable with the working situation.
Anyway, I want to, again, congratulate Ms. Cook, wish her all
the best, and I wish our new county manager and everyone involved in
locating a new director the best of luck.
Thank you.
CHAIRMAN FIALA: I understood that Theresa sent out three
applications and she got three -- back three job requests. I mean, all
three wanted to hire her right there, so that means we're really, really
losing a very good airport director to somebody else, and so it saddens
me to see her go, I'll just say.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
A lot's changed over the past year, a lot of positive things. Two
of things I like the most is the way we restructured through attrition
the board of directors for the airport authority. I feel more assured that
Immokalee is getting a fair shake now that Floyd Crews and Dick
Rice is serving on that board, taking an active part to be able to make
sure that the commercial interests of Immokalee will take place in an
orderly fashion.
With that said, let's get right down to the chase. I agree with him,
we need to be able to make sure in the shortest period of time that we
do have an executive director in place. And I -- we need to direct, I'm
not too sure, is it our staff or airport authority board, to go out and
start the process of interviewing and -- directors to see who would be a
suitable one? Who would be the -- who would be the person that does
that? I can't remember from the last time.
MR. KLATZKOW: Your airport authority.
COMMISSIONER COLETTA: Okay.
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MR. OCHS: Commissioner--
COMMISSIONER COLETTA: Okay. But we have to direct
them to do that, okay, correct?
MR. OCHS: Yes, sir. Back in 2004 when we had a recruitment,
you had a combination of our HR staff and a rep from the County
Manager's Office. There was a member of the Airport Authority
Board, and the former executive director -- or interim executive
director, Mr. Schmidt at the time, those four people did the
recruitment and the screening of candidates and the interviews and
then brought recommendations to the airport authority and then, in
turn --
COMMISSIONER COLETTA: I think that was an excellent
choice, and I would recommend that we do the same thing that we did
the last time, because obviously it ended up with a good candidate.
And also, too, how did we handle it for the interim person, one of
the board members and one of the staff members to be able to step in
and hold the fort?
MR. OCHS: Yes, sir. I believe -- it was Mr. Schmidt, who was a
board member, who stepped in as the interim executive.
CHAIRMAN FIALA: Gene Schmidt.
MR. OCHS: Gene Schmidt, yes, ma'am. So that would be
another avenue available to the board again.
COMMISSIONER COLETTA: Well, I think those are excellent
suggestions. I'm not going to make a motion at this time. I want to
hear what my fellow commissioners have to say.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I, too, think we're going to
miss Theresa. I think she's done a good job. The airport authority's
done a good job. I think we've made a lot of progress over the years,
and we don't want to see that progress lost.
So I think that while we're doing whatever we're going to do, we
should appoint some member of the airport authority who is
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sufficiently experienced to serve in the interim period of time.
But I think we would be irresponsible in carrying out our duties if
we didn't look at some other alternatives. We -- we, of course, are
short of funds. Maybe there's a less expensive way to deal with this,
and I'm not talking about making the airport authority a part of the
transportation department. That's not what I'm talking about.
But why don't we -- rather than immediately make a decision to
start a search -- which is going to be expensive. We're going to have
to spend some money to do that, even if our own people are going to
be the search team or interview team -- let's appoint someone to serve
in the interim capacity from the board, and then let us spend a little
time working on fine tuning the relationship between the airport
executive director, the airport authority, and the Board of County
Commissioners, and I think we can do that and reach some
conclusions within a month. Maybe it will take us a little longer. But
I don't see that as being a huge impediment to continuing airport
operations in an effective manner.
CHAIRMAN FIALA: I'm not quite sure what you mean by that.
COMMISSIONER COYLE: Okay. I think what we should do is
take a little time, perhaps a month, to evaluate -- well, here's -- let me
be specific.
The airport authority has the responsibility for hiring a director.
They hire the director. The director is somehow responsible to us,
okay. So it creates a slightly strained kind of relationship for the
airport director. Who do they really work for? Do they work for the
Board of County Commissioners, or do they work for the airport
authority? Airport authority hired the person. The airport authority is
responsible for making or conducting reviews of the performance.
They're responsible for recommending salary increases, and then the
director comes to us and we say, well, forget all that. We're not going
to give you a salary increase, or maybe the board will recommend that
they not get a salary increase and we think they should get a salary
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Increase.
CHAIRMAN FIALA: Your point is?
COMMISSIONER COYLE: The point is, we need to clarify that
Issue.
CHAIRMAN FIALA: You mean who the airport director
answers to, whether it's us or them?
COMMISSIONER COYLE: Yeah, that is correct, whether the
airport authority should be an operating entity that has authority over
the airport director or whether the authority should be an advisory
board to the Board of County Commissioners who supervises and is
responsible to the director.
CHAIRMAN FIALA: But you don't think that that should hold
up the search? I mean, we can decide that while they're searching,
right?
COMMISSIONER COYLE: Okay. You certainly can. You
certainly can.
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: Well, no, no. When you say when
they are searching, you're going to have to decide who the search
should be done by. Is it going to be done by us or the airport
authority, or maybe a combination of us which seems to be the way it
went last time which, by the way, seems to be contrary to the
ordinance which says the airport authority hires the director.
So those things have to be worked out. And what I'd suggest is
that we merely look at the issue that was brought up by one of the
speakers. Should the airport authority be an operating entity that
would actually review and assess the performance of the executive
director, or should the airport authority be an advisory board to the
Board of County Commissioners who would employ the executive
director, and they would have one -- one board to answer to rather
than two boards to answer to.
And I don't -- now, let me make -- be absolutely clear about this.
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I know something about airport operations. I've been flying for over
a half a century, and I don't know the right answer to the question I
just raised, okay. I really don't know. And I just think we ought to
evaluate it and then decide whether or not we hire an executive
director that works for this board directly or not, or retain the original
arrangement. And yes, I do believe, properly structured, we can do it
simultaneously.
CHAIRMAN FIALA: Great, okay.
Commissioner Henning?
COMMISSIONER HENNING: Thank you. What about the
policy of internal hiring? What are we doing with that?
MR. OCHS: Well, Commissioner, this has been a contract
employee, again, not subject to those internal policy provisions that
apply to the rest of the employees in the county manager's agency.
COMMISSIONER HENNING: Okay. Thank you. That's all I
have.
CHAIRMAN FIALA: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yes. First of all, I want to thank
Theresa Cook for her service. I believe that she's done an outstanding
job with the resources that has been given to her. And my concern in
regards to putting off for a search -- I would hope that we wouldn't put
ourselves in a position whereby if this search does not take place in
the very, very near future, that we may put ourselves in a situation
where we may not have the possibilities of getting necessary FAA
funding.
I think we ran into a problem like that in the process when we
were in that transitional period from Drury to our present airport
manager, Theresa Cook.
I also think that the process of going out and searching for an
airport director, what we did in the past worked very well. And if we
were this successful the last time, I think that the same body of
individuals or the same group of individuals need to go out and do
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this.
As far as the airport director, how they're managed, I think that's
pretty much -- in my case I think it's pretty self-evident that we control
the funding of that airport director, so I would think that since we have
the purse strings, we pretty much dictate to that individual how things
are going to run.
So I think we have the upper hand in regards to the funding and
what needs to be done, and I think that that's the -- the area that I think
we need to go. And I would hope that we get someone as good, if
possible with -- as Theresa Cock because I think that -- I'm amazed at
what has been accomplished, and also I'm amazed at -- of her abilities
to go out and turn over every rock to find the necessary funding to get
issues addressed that have been -- for a long period of time have never
been addressed.
And I think that with the advent of this taxiway that's being built
at Marco Island, this is going to have a big effect in regards to the
income that's coming into the airport authority, and I believe that those
funds then can be distributed not only to Immokalee, but also to take
care of that small airpark down in Everglades City.
And I think all of us are trying to make sure that the direction that
we go, that we look at the enterprise zone that's out there in
Immokalee. And I think that with the -- with the airport director's
help, I believe they're almost to the point where they've got their PUD
approved. And I think the airport director also worked very closely
hand in hand with the CRA out there.
So I think that we really need to look at this and make sure that
we get somebody of the same caliber as Theresa Cook, and I wish her
the very, very best in her new assignment.
CHAIRMAN FIALA: And now if I can speak. I know that a
couple more buttons are on, but I would like to have a turn, too, and
that is -- I think we have to be very, very clear to the people who are
going to be hiring the next airport director of what exactly we're
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looking for. Are we looking for an airport director, are we looking for
a business development person, are we looking for a head of an
Economic Development Council, or are -- you know, just exactly --
because I think they have to know what is expected of them. And
right now, I thought we were looking for an airport director--
COMMISSIONER HALAS: Yes.
CHAIRMAN FIALA: -- which is exactly -- Theresa has led us
to -- you're exactly right, Commissioner Halas. That airport on Marco
Island, which is, I hate to say it, but a cash cow for us, she has put it
on the right track and she knew the right people and she got things
done that we haven't been able to do in years and years and years.
And I think we owe it to the committee to make sure that they
know what we're looking for, an airport director or something else.
Now, that airport director certainly can work with Economic
Development Council, with the CRA, with the chamber. But are they
an airport director or are they not? So I wanted to voice my opinion
about that.
Commissioner Coletta?
COMMISSIONER COLETTA: Thank you. And Theresa's been
more than just an airport director, and I think we need to have
someone that has multi talents that can cover quite a degree of a task,
and I don't think that's going to be impossible to find. But what I'd
like to do at this time -- I do have some questions for the county
manager. Before I go to the county manager, I would like to hear
from Theresa Cook possibly. She's been listening to the discussion
taking place. It's been everywheres between earth and the moon.
Maybe somewheres in there you might have some suggestions for us.
MS. COOK: Commissioner, thank you. Theresa Cook, for the
record.
We've made some proposals to the -- I have made proposals to
the Airport Authority Board, and I'd like to bring them forward to you.
One of them is that one of the board members take the position in the
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interim because he doesn't have to route to speed. He will be -- create
the continuum that we need and keep the projects moving along,
already is familiar with staff, and work toward making sure nothing
falls through the cracks until an airport director is hired.
In today's airport environments, airport directors are tasked with
the economic development, the project development, with every part
of an airport, because an airport is not just runways and taxiways
anymore. It's -- go from your larger airports, it's shopping areas, it's
food, restaurants, et cetera, so they have to have those qualifications if
they're going to be in this industry these days. If they don't have those
qualifications, then they won't go through the process.
I think it's important. I did recommend that possibly they use an
aviation search team to speed up the process, but as you can see, since
I was gone -- I was the one chosen through a process done by the
county and the past airport -- the current Airport Authority Board, that
process works also. But I do want to state that maybe there was some
other issues going on at that time that lengthened that process, and we
did lose $150,000 at the Marco Island Airport in grant funding that
was sitting there waiting to be utilized in a project because there was
no project ready.
At this point we have several projects in there waiting, so I don't
think that that will happen, but you do still need to make sure you
keep ahead of the game so that someone, Ocala or somewhere else,
does not get the $3 million or $6 million for that taxiway at Marco or
for any grant money that the USDA has out there that we can add to
build another building in Immokalee.
Just, for the record, you approved a $1 million match for a
$500,000 USDA grant to build a $1.5 million building in Immokalee,
and we got the bids in at under 800,000. So that's only 300,000 of the
county money that you're using of the eight. So you could do the
building again if there's people out there.
So you need to keep that moving. If you keep the momentum
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going and show the USDA and the FAA that we're spending the
money building things and doing it correctly, we're going to get more
of that money, so --
COMMISSIONER COLETTA: Theresa, just a question. It's so
important that we keep some sort of continuity going forward. And I
mean, I don't want to put you in an embarrassing position, but I don't
think you'd mind doing it because you've got the best interests of the
airport at heart. Who within your staff or on the board, or maybe none
of the above or somebody outside, would you recommend as the
interim?
MS. COOK: At this time we have a competent airport authority
board member who is willing to step in and take care of business until
a fully qualified director is chosen, and that would be the gentleman
sitting in this room right now, David Gardner. He's got a strong
aviation history, a construction history, so he can help move projects
forward, he knows staff, and he's very concerned with the Immokalee
and the Marco area and Everglades City.
COMMISSIONER COLETTA: Well, I, for one, trust your
instinct on this, and if the airport board of directors wants that person
in there for the interim as we go forward, just to be able to keep the
continuity, I wouldn't have any problem with it myself.
Now, I don't think we can make that decision here today.
Leo?
MR. OCHS : Yes, sir.
COMMISSIONER COLETTA: You've been hearing the
discussion taking place. On some points we all seem to be in
agreement, but we're all over the place. I think we're looking for a
tremendous amount of direction. Do you have any questions for us so
that we can start to focus on what we're doing here? And also, too,
maybe to get the interim director in place at the next meeting?
MR. OCHS: Well, yes, sir. I see basically the board discussing
two different options. One is essentially the status quo, and if you're
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going to maintain the current relationship between the executive
director, the Airport Authority Board, and the county commission, you
can move forward with a recruitment either done by an outside firm or
with a combination of internal county staff and airport authority
representation, just like you did the last time.
But to Commissioner Coyle's point, if you're going to consider
another alternative that would have the airport executive director hired
and fired ultimately by the County Commission instead of how it
works currently through the Airport Authority Board, certainly anyone
who's going to accept employment will ultimately want to know who
COMMISSIONER COLETTA: Who their boss is.
MR. OCHS: -- it is they're working for. So that decision may
not have to be made right now, but it's going to have to be made
before an offer is extended to a candidate, in my opinion.
COMMISSIONER COLETTA: Well, going back to it, I mean,
the priority's to get the interim director in place, some sort of contract
put together, have the board meet, their board meet, to be able to see if
that's a suitable person and if the contract they put together for the
interim would work and bring it to the County Commission, you
know, I would, say ASAP.
MR. OCHS : Yes, sir.
COMMISSIONER COLETTA: But the other issue is kind of __
we can go either way. You could bring it back both ways,
Commissioner Coyle's way or the way we did it before, and we might
-- one might be better than the other, and there might be a marriage
between the two. Who knows? I got no problem with that.
MR. OCHS: Well, you know, what we might do is at your
December 1 st meeting, bring back a -- an agreement for the interim
director as the executive director and the Airport Authority Board has
recommended. You could act on that. And during that time and
perhaps on the 15th, we can bring back to you, as Commissioner
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November 10,2009
Coyle suggested, the two options, and maybe a third if there's one out
there that we haven't yet thought of, and you can make a final decision
on the 15th.
COMMISSIONER COLETTA: You don't need that in the form
of a motion, do you? You just need direction?
MR. OCHS: Direction's fine with me, sir.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Just a quick point of
clarification. What I was talking about really has to be clarified no
matter which way you go as far as recruitment is concerned. Because
right now as you'll see in the executive summary, it says, the executive
director may be terminated with or without cause with an affirmative
vote of the membership of the authority, but we're going to be hiring
them. You've got to clarify that, okay.
COMMISSIONER COLETTA: No, I understand.
COMMISSIONER COYLE: So you have to do that no matter
which way you go about the recruiting process.
And then with respect to the recruiting process, I don't feel
strongly one way or the other except for this one point. If it's going to
cost us a lot of money to hire a recruiting firm, I think we might be
able to do just as good a job as we did last time with our own
combined efforts between the airport authority and staff.
MR. OCHS: We have no problem with that, sir.
COMMISSIONER COYLE: Okay.
CHAIRMAN FIALA: Good. I like that idea. So how about a
motion?
COMMISSIONER COLETTA: We -- he just said we just had to
give direction, and we did.
CHAIRMAN FIALA: Well, we gave him direction -- did you
get -- don't we have a motion to -- well, okay. All we need to do is
give you direction on this entire item? We don't have to vote to go
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November 10, 2009
out?
MR. KLATZKOW: There's no action right now. Mr. Ochs is
coming back to you in the next meeting for action.
COMMISSIONER COYLE: Yeah. But we did provide him
direction to get with the airport authority about appointing an interim
director and let the airport authority make a recommendation to us,
and that will come back to us the first meeting in December.
MR. OCHS: Correct.
COMMISSIONER COYLE: And then concurrently with that, or
shortly thereafter, you can come back to us about any changes and
responsibilities or roles and your recommendations concerning how
we go about finding somebody for this position.
MR. OCHS: Yeah.
CHAIRMAN FIALA: And they answered you.
COMMISSIONER COYLE: Yeah.
CHAIRMAN FIALA: Okay.
COMMISSIONER COLETTA: Well, you want to go back to
Theresa?
CHAIRMAN FIALA: Do you have anything else to say,
Theresa?
MS. COOK: No. I guess you're not going to go out for search at
this time for a new executive director; you're going to wait and do that
in December; is that what --
CHAIRMAN FIALA: No. We're going out right now.
COMMISSIONER COLETTA: No, no.
MR. OCHS: No.
COMMISSIONER HALAS: We've got to put together a search
group.
COMMISSIONER COLETTA: We've got to put together a pro
forma how we're going to do it. That's going to come back to us at the
next meeting.
COMMISSIONER HALAS: Yep.
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November 10, 2009
MR. OCHS: Yes. What I would bring back to you first is
essentially a recruitment profile that then you could approve, layout
the -- you know, the qualifications that you're looking for, as you
suggested, Commissioner Fiala. We make sure that whether it's an
external search firm or an internal recruitment effort, we have a very
firm idea of what exactly the board wants in terms of qualifications,
and then we can move forward.
CHAIRMAN FIALA: Okay. And who they answer to. And
then -- but at least we have an interim. And do we need to vote on
giving David Garder that position, or does that come back?
MR. OCHS: Well, that's part of what could come back on your
December 1 st meeting.
CHAIRMAN FIALA: Will there be somebody to take care of
this until we vote?
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: Will Theresa be here until then?
MR. OCHS: When do you leave, Theresa?
CHAIRMAN FIALA: Theresa, when are you leaving?
MS. COOK: Is the next meeting after December 4th?
MR. OCHS: December 1 st is the next meeting, then the 15th.
MS. COOK: I think that you'll be fine till December 1st.
COMMISSIONER HENNING: How about the airport
authority?
MS. COOK: They might have a different opinion.
CHAIRMAN FIALA: They really wanted us to start the search
now.
COMMISSIONER COLETTA: We can't.
CHAIRMAN FIALA: Okay. I'm sorry, airport authority. I
didn't get the votes on that, excuse me.
Okay. So we -- that's it.
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: You've got direction.
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November 10,2009
Okay. Now we move back to--
COMMISSIONER COLETTA: I'm sorry, Commissioner Fiala.
Could we do 14A, because a lot of people that are from Immokalee
would like to hear that one.
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER COLETTA: Well, wait a minute. You've got
to turn the hammer over to me.
COMMISSIONER COYLE: Oh, okay.
COMMISSIONER COLETTA: The gavel.
CHAIRMAN FIALA: Oh. Oh, yeah. You're the CRA __
COMMISSIONER COLETTA: Okay. Go ahead, you got to--
CHAIRMAN FIALA: -- chairman. How I do say that? I'm
turning the gavel over to him as chairman of the CRA.
COMMISSIONER COLETTA: That's fine. That will work just
fine.
CHAIRMAN FIALA: Okay.
Item #14A
RECOMMENDATION THAT THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY (CRA)
APPROVES, AND AUTHORIZES ITS CHAIRMAN TO SIGN, AN
AMENDMENT TO THE EMPLOYMENT AGREEMENT
BETWEEN THE CRA AND PENNY S. PHILLIPPI, THE
IMMOKALEE CRA EXECUTIVE DIRECTOR, EXTENDING
THE TERM OF EMPLOYMENT THREE YEARS - APPROVED
CHAIRMAN COLETTA: The next item before us is the
recommendation that the Collier County Community Redevelopment
Agency, CRA, approve and authorize its chairman to sign an
amendment to the employment agreement between the CRA and
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November 10, 2009
Penny Phillippi, the Immokalee CRA director, extending the term of
employment three years. Motion to approve.
COMMISSIONER COYLE: I already made the motion.
MS. FILSON: I have a speaker, sir.
CHAIRMAN COLETTA: Oh, you did. Second.
COMMISSIONER COYLE: Okay.
MS. FILSON: I have a speaker.
COMMISSIONER COYLE: That's all right.
CHAIRMAN COLETTA: Really?
COMMISSIONER COYLE: That doesn't make any difference.
MR. THOMAS: All I want to say is thank you.
COMMISSIONER COYLE: Okay.
CHAIRMAN COLETTA: Okay, sit down.
We have a motion on the floor and a second. Do we have any
discussion?
(No response.)
CHAIRMAN COLETTA: Hearing none, all those in favor,
indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it, 5-0.
MR. THOMAS: Thank you very much.
COMMISSIONER COYLE: Goodjob, Penny.
CHAIRMAN COLETTA: Thank you very much, Donna.
COMMISSIONER FIALA: Close the meeting.
MR. OCHS: Close the meeting.
CHAIRMAN COLETTA: CRA portion of this meeting is now
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November 10, 2009
closed. That was fun.
Item #8B
ORDINANCE 2009-61: PUDA-PL2009-110: DIVOSTA HOMES,
LP, REPRESENTED BY CHRIS HASTY OF PULTE HOMES,
INC. AND MARGARET PERRY, AICP OF WILSONMILLER,
INC., IS REQUESTING AN AMENDMENT TO THE WINDING
CYPRESS PUD, ADOPTED IN ORDINANCE NO. 02-35 AND
AMENDED IN ORDINANCE NO. 02-48, TO ALTER THE SIDE
YARD SETBACK BETWEEN STRUCTURES ON TRACT A AS
DEPICTED ON THE PUD MASTER PLAN BUT MAINTAIN A
MINIMUM OF 10 FEET BETWEEN STRUCTURES. THE
SUBJECT SITE IS LOCATED IN THE SOUTHEAST CORNER
OF COLLIER BOULEVARD (CR-951) AND SABAL PALM
ROAD IN SECTIONS 26, 34, 35, TOW NSHIP 50 SOUTH,
RANGE 26 EAST AND SECTIONS 2 AND 3, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA -
ADOPTED
MR. OCHS: Commissioner, that takes us back to your
advertised public hearings. 8A is continued until your meeting of
December 1 st. That would take us to Item 8B, which was formerly
17C.
CHAIRMAN FIALA: What -- oh, yeah. Okay. 17C.
MS. FILSON: Oh, I have that as 7B.
CHAIRMAN FIALA: That's 7B? Isn't that 7B?
MR. OCHS: 8B on your change sheet this morning, yes, ma'am.
8B.
CHAIRMAN FIALA: Oh, okay.
MS. FILSON: Sorry.
CHAIRMAN FIALA: Okay, that's right. That's right.
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November 10, 2009
MR. OCHS: And 8B is, this item requires that ex parte
disclosure be provided by commission members. PUDA-PL2009-11O,
Divosta Homes, LP, requesting an amendment to the Winding Cypress
PUD to alter the side yard setbacks between structures on Tract A as
depicted in the PUD master plan but to maintain a minimum of 10 feet
between structures.
The subject property is located at the southeast corner of Collier
Boulevard and Sabal Palm Road.
CHAIRMAN FIALA: And who pulled this one?
MR. OCHS: This was moved at Commissioner Coyle's request.
CHAIRMAN FIALA: Okay. Commissioner Coyle, did you
want to talk about this?
COMMISSIONER COYLE: Yeah, yeah. I am concerned about
the zero lot line adjustment. I don't believe that adequate __
MR. OCHS: I'm sorry, sir. We have to swear in and do ex parte.
CHAIRMAN FIALA: Oh. Excuse me.
Okay. Will everyone stand who wishes to speak on this subject
and be sworn in by our court stenographer, or court reporter.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN FIALA: And Commissioners, we need to declare
ex parte. I know some of you did before, but we'll need to do it again.
We'll start with you, Commissioner Coyle.
COMMISSIONER COYLE: Okay. I think I did that earlier this
morning. l7C, I have received emails, and they are in my folder here
for review. I have also talked with the county manager about this
item. And I -- well, as I said, I received an email even today
concerning this, and that's it.
CHAIRMAN FIALA: Okay. Commissioner Halas?
COMMISSIONER HALAS: Thank you very much.
I've had correspondence on this issue, and I've also talked with
staff and the county manager.
CHAIRMAN FIALA: Commissioner Henning?
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November 10, 2009
COMMISSIONER HENNING: Did we miss Terri's birthday
cake?
CHAIRMAN FIALA: No, we didn't. We sang happy birthday
to her, but I didn't bring any cake. I brought in birthday candy, so --
COMMISSIONER HENNING: Yeah. I have Planning
Commission's packet --
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: -- by staff.
CHAIRMAN FIALA: And Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
I had correspondence and talked to staff about it.
CHAIRMAN FIALA: Okay. And I had correspondence, and I
actually had a meeting, and I talked to a couple of the residents, and I
had phone calls.
So now let's see. Commissioner Coyle, did you want to --
COMMISSIONER COYLE: Yeah, I'll be happy to tell you why
I pulled it. It has to do with the zero lot line issue.
Apparently what the petitioner wants to do is to put air
conditioning in the side yard setbacks so that there is a zero lot line
condition, and I do not believe that adequate investigation has been
done by staff to determine the potential unfavorable impacts of doing
that.
If you've got an air conditioner for both adjacent -- to adjacent
buildings extending out to the lot line, it interferes with maintenance
and passage between the buildings. It is a bad situation.
I have -- I have dealt with this in the City of Naples, and it has
been solved in a very easy way. The air conditioning units are
accommodated by a slight modification of design of the building itself
that affects no more than 20 to 25 square feet, and they're built into the
building footprint so that you don't have air conditioning units sticking
out on the side of the house. It creates problems from the standpoint
of landscaping, getting mowers in there and maintaining it, it creates
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November 10,2009
noise problems for someone whose bedroom might be right beside this
air conditioner, and all it takes is a very simple modification of the
design of the building to include a pad within the building footprint on
which the air conditioning units can be placed.
So in my estimation, it does not meet the requirements or the
criteria for these kind of things because there are easy ways to
accommodate this situation without going to a zero lot line
arrangement.
So that's the reason I wanted to pull it, and I just think it's a bad
thing to do.
CHAIRMAN FIALA: It's interesting that you bring that to light
because the residents that I spoke to -- I had a couple occasions to
speak to some of the residents. They were first fearful that they would
have to move it because they said they would hate to live in living
conditions like that, and they were concerned with what it's going to
be like for the new residents moving in because they would have to
have zero lot line and air conditioners hanging off their house. They
were just glad it wasn't them.
So it's interesting that you brought that to light. And now we can
hear from the petitioner.
MR. HASTY: Afternoon. My name's -- Madam Chair,
Commissioners, my name's Chris Hasty. I'm with Pulte Homes and
Divosta. Pardon my voice. I'm fighting a cold right now.
This amendment application is proposing to maintain a 10-foot
setback between the buildings while providing a product that the
market has demanded from us by centering our zero -- our current
zero lot line homes a little bit more to the middle of the lot.
This language is common in many other Collier County
residential PUDs with 10 foot between zero lot line structures, such as
Berkshire Lakes, Pelican Marsh, Mediterra, Lely Resort, Grey Oaks,
and Heritage Bay, as well as the single-family residence and the other
parcels within Winding Cypress.
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November 10, 2009
When this PUD was approved, Divosta agreed to either a zero
foot on one side and 10 feet on the other, or a three foot one inch on
one side and six foot 11 inches on the other side of those homes that
were classified as zero lot lines.
This was based on an assumption that the market would hold
constant throughout the completion of this community. I'd like to
point out that this is more restrictive zoning than we have in the other
parcels within Winding Cypress.
Recent market demands have changed our interior layouts of
these homes. By changing our designs to accommodate what the
market has requested from us, we wanted to slide these zero lot line
homes from three foot one and six foot 11 to a four foot one and five
foot 11, maintaining a ten foot between the homes still.
We began this PUD process earlier this year. We had a
neighborhood information meeting in August after it was approved by
staff. We had over 80 attendees at that meeting, and their primary
concern was that moving ACs to the side of the building is going to be
too noisy for them.
What we explained to them is that this doesn't affect any existing
locations. This only allows us to slide a house around. It doesn't force
any houses to move anywhere.
We passed unanimously at the Collier County Planning
Commission last month in September, and although some concern has
been raised about the location of the AC pads, they're not currently in
violation of fire ordinances, the current PUD, or the LDC per Section
4.02.01D9.
And I do have a layout here that I could show you a couple of
things first. You'll notice on this floor plan that we've got a master
bedroom. You'll notice on this floor plan that we've got an owner's
bedroom here, a bedroom three and a bedroom two here with the air
conditioner located down here by the garage.
So with the zero lot line home, we have no penetrations through
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November 10,2009
this side of the home. That's why it's considered zero lot line, because
we could place this house right on the lot line today with that zero-foot
and 10- foot side yard setback. We could have this side of the house at
zero feet off of the property line, and this side of the house at 10 feet
off the property line.
I'm sorry. Looking at this exhibit you'll notice on lot A, we show
where the AC pad currently sits with regards to our current zoning and
our PUD approvals. The AC pad is in the front of the home, but it
also encroaches into the side yard setback as it shows right here.
The new location for this AC pad would be moved to the side of
the garage, and no -- encroach into the side yard no more than it
already does and is already approved.
Because these are zero lot line homes, we stipulate that all homes
have to be with a left-hand garage; as such, the AC pad is going to be
on the left-hand side of the lot for every one of these homes so we'll
never encounter a situation that Commissioner Coyle mentioned of
having two AC pads together with the zero lot line product.
In summary, what I'd like to propose is that we're maintaining a
minimum 10- foot building separation while providing a product that
the market has demanded from us by putting our zero lot line homes
one foot closer to the center of this lot.
This language is common in many other Collier County PUDs, as
I mentioned. And I'd like to reiterate that the application is not about
moving the AC pads, because we're not really encroaching the AC
pads any further than they are today, but that it gives us the flexibility
to provide a product-type or to match the product-type zoning that we
already have with the single-family homes, because the single-family
homes within this PUD allow five-foot and five-foot side yard
setbacks.
With that, I'm open for questions.
CHAIRMAN FIALA: You had said something in your opening
statement that you were responding to market requests. What were
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November 10, 2009
market requests?
MR. HASTY: We do focus groups and custom surveys routinely
within the products.
CHAIRMAN FIALA: Yeah, but I mean, what did they ask for
that you're responding to?
MR. HASTY: Well, they're asking for changes of interior
layouts. Some of the customers did not want ACs in the front right
adjacent to their driveways, because you can see with this how close it
is to the actual driveway itself, and they didn't want that there.
When asked existing residents if an AC relocation was
detrimental to them or if it was used in any real estate decisions that
they'd made, we didn't get any feedback that they've decided or -- for
or against buying a house based on where that AC pad was located.
CHAIRMAN FIALA: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Yeah, a couple of other questions.
Are these air conditioning pads on the ground?
MR. HASTY: Yes, sir.
COMMISSIONER COYLE: How do you arrange for drainage
between these two homes?
MR. HASTY: It's a sheet flow front to back.
COMMISSIONER COYLE: Okay. Where does the sheet flow?
MR. HASTY: Well, there's -- we generally have a high point
here in the middle. All of the lots are -- I'll say 95 percent of the lots
in the walk communities, they back up to a lake. So half of this side
yard drains to the front, half of this drains to the back.
And you'll notice that we've got a cutout here where the garage
is, that there's this much space around that AC pad.
Now, the maintenance was also brought up as an issue of being
able to get mowers around, but we've got plenty of space here around
these ACs to get the mowers -- and the maintenance is also conducted
by the HOA and not the residents themselves.
COMMISSIONER COYLE: Now, all of this is completely level
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November 10,2009
ground between these two homes?
MR. HASTY: It's not level ground, sir. It's -- there's a high point
here, and then there's a slight indentation higher here and higher here,
a little bit shallower in the middle, but it sheet flows down towards the
sheet this way, and then sheet flows back towards the lakes.
COMMISSIONER COYLE: I think what you're talking about is
a drainage swale between the two, and the drainage for lot B is
actually on the property of lot A. And there are a whole host of
reasons that this shouldn't be permitted, and if the current LDC
permits it, we ought to consider a change to it.
But in respect to this particular one, this is a request for a change,
and there are several things that I feel we have to take into
consideration. Will the proposed change create a drainage problem? I
think it will. Are there substantial reasons why the property cannot be
used in accordance with the existing zoning? Absolutely none. There
is no market data in the world which suggests that people will only
buy a product, a home, if the air conditioning is mounted on the side.
There is -- that makes no sense at all.
And secondly, you can accommodate that pad in the design of
the home if you wish to do so. It's been done in thousands of cases.
I've seen it. My own home is designed that way. I know it can be
done.
And so this is not the only solution to the problem, so I would -- I
would have to vote that I think this is not an appropriate thing to do.
And if the gentleman is correct that it's been permitted throughout
Collier County, then I think we ought to do something about stopping
it. But that's for later.
CHAIRMAN FIALA: Any other comments from board
members? Commissioner Coletta?
COMMISSIONER COLETTA: Well, yes. I listened to what
Commissioner Coyle's saying. The only problem is -- and you're
right, this is something that we need to look at again; however, the
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November 10, 2009
applicant has been working in good faith with us by the rules and
regulations that we put together. So, you know, there's got to be a
point in time that these things are recognized and they stop.
Do we really want to take the applicant on at this point in time
when he did everything that we required him to do from our past rules
and regulations?
CHAIRMAN FIALA: And actually, just speaking to some of the
residents that I spoke to, nobody seemed to have a problem with it,
and so -- just moving it there. They just wanted to make sure they
didn't have to move their own air conditioners. But that's the feedback
I had gotten.
Commissioner Coyle, and then Commissioner Henning.
COMMISSIONER COYLE: Yeah, just a final comment. The
point here is that there are certain criteria which we can apply in
making these decisions, and these questions are posed for a good
reason. And the question, are there substantial reasons why the
property cannot be used in accordance with the existing zoning?
There's no way you can say that this -- this zoning request, PUD
change, is absolutely essential in order for them to use the property in
accordance with the zoning. There's no way you can do that.
So what I am -- I'm saying that I fault the staff for not doing an
adequate job of looking at the disadvantages of doing this kind of
thing. There is no obligation for us to make a change unless we think
these answers to these questions are all yes, okay.
So that's the reason I brought it up. And -- but this is a terrible,
terrible precedent, and if it's been permitted to -- to expand throughout
Collier County, we've got some work to do if we want to maintain the
quality of the community.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Well, I guess we have to get
some clarification from our staff. I mean, it's being alleged that it's not
allowed, but if it's not allowed -- or if it is allowed, why are we
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addressing it?
COMMISSIONER COYLE: Well, that's probably right, but I
didn't raise that question. I said -- my question was in accordance
with the questions we're supposed to ask.
COMMISSIONER HENNING: Well, I understand what you
were saying. The gentleman said it was allowed. It's allowed under
our code today.
COMMISSIONER COYLE: Well, that's what he said, but ifit
were allowed under the code today, he wouldn't be here asking for a
change.
COMMISSIONER HENNING: And that's a good question is --
COMMISSIONER COYLE: Yeah.
COMMISSIONER HENNING: -- from our staff, is it allowed,
and if it is, why is he here, and if it -- if it isn't --
CHAIRMAN FIALA: Who's our staff member on this, Kay?
Would you like to answer that question from Commissioner Henning?
MS. DESELEM: Yes. For the record, Kay Deselem. I'm sorry.
I was just waiting till you finished your question before I jumped up.
Didn't want to interrupt.
The LDC in Section 4.02.01 does allow for, quote, fences and
walls and hedges subject to 5.0.302. Pad-mounted air conditioners are
permitted in required yards subject to the provisions of Section 4.06.
So as he stated, currently the LDC does allow air conditioning
units to be placed in a side yard setback.
COMMISSIONER COYLE: Subject to conditions. And what
are those conditions?
MR. HASTY: That talks about buffering. But in this case
buffering is more related to something other than a single-family use.
It would be for commercial uses. There is no buffering required
between individual residential units.
COMMISSIONER HENNING: So if it's allowed today, why is
he here?
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November 10, 2009
MS. DESELEM: His explanation was that he was doing the
amendment -- and I don't want to put words in his mouth. He can
respond as well. But my understanding of his explanation was that he
wanted to change his setbacks so he could change the buildings. Like
he said, he wanted to move the buildings one foot closer to that
setback. His explanation for wanting to do that was because he
wanted to move the air conditioning units.
But in reality, like he said and is shown on his site plan, if you
look at where the current AC units would be placed, they're, in
essence, in that side yard setback area as far as they're in the same area
on the site plan. They just happen to be in the front.
CHAIRMAN FIALA: So in other words, he doesn't need that
one- foot side yard setback in order to change the location of this air
conditioner?
MS. DESELEM: He doesn't need it to place the air conditioning
units there. He wants it for other purposes to move his building.
COMMISSIONER COYLE: What are those purposes?
MS. DESELEM: I'll let you ask him rather than responding for
him.
COMMISSIONER HENNING: Market conditions.
MS. DESELEM: He claimed marketing conditions changed, and
he wants to change it. But again, I don't want to put words in his
mouth. I'll let him answer the question, thinking that might be more
appropriate than me answering for him.
CHAIRMAN FIALA: Okay.
MR. HASTY: We've had some --like I said earlier, we've had
some changes to the interior layouts of our plans. And you'll notice,
anyone familiar with Divosta, we've gone through a, Capri Capri I,
Capri II, an Oakmont, Oakmont II, and we changed those interior
footprints based on our customer market surveys and our focus groups
that we have.
What arose out of that was some value engineering with some
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November 10, 2009
relocation of interior mechanical cabinets and that sort of thing which
required us to put an AC closer back towards the center of the house,
along the lines of where it typically goes on all the other single-family
homes that we build throughout Collier County.
The single-family designation within this parcel in the Winding
Cypress PUD calls for a five-foot side yard setback on both sides.
Within the allowances of the LDC currently you can have an AC pad
there on the side of those homes.
What we didn't catch when we initially made this change on the
plans was that because Divosta in its heyday knew the day and the
time that they were going to close the last home within a community,
they agreed to this very strict setback of three foot -- excuse me __
three-foot-one inch and six foot, 11 inches because that's what they
needed for that plan. And they were fine with that because, with no
changes to that plan, they have no issues.
As we change that plan and modify it moving forward, we need
some flexibility within that zero lot line for these Oakmont plans, and
so that's why we've requested to go from a three-foot-one and
six-foot-ll to a minimum three-foot-one with 10 foot between
buildings. And so really all really we're removing from this is a, and
six-foot-ll side yard setback on the long side.
So if we slide one house over one foot, we have to slide all
homes over one foot so they're no closer together. There's really no
change from the visual impact from the street or anything at all. ACs
are not any closer to the side yard lot line. There's no real visual
change.
MS. PERRY: Madam Chairman, if I could. I'm Margaret Perry
from WilsonMiller. Just one thing I wanted to add to Chris'
presentation. The other communities that he mentioned, the number
of homes that this has been done in isn't like 5 or -- I mean, it's
hundreds -- maybe not hundreds of thousands, but a 100,000 this
would affect, that if -- I understand from going forward, perhaps,
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you'd want to do this. But if it's going to be the precedent, you're
going to be creating lots of nonconforming lots, lots of nonconforming
houses.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Okay. And I hear this coming
from several different directions. I just want to do what's right for
everyone concerned. Whatever --
Mr. Klatzkow, nobody's called on you yet. You're sitting there
very quietly and very peacefully and you're doing a lot of reading.
What is your take on what we're talking about as far as the
commission's ability to be able to change something in midstream, if
that's what we're doing?
MR. KLATZKOW: Well, I understand Commissioner Coyle's
reasoning, and I think it would be supported if the Board would vote
no.
Having said that, I'm not so sure they're very much different than
a lot of other communities here. Basically start deeding everybody in
together is really what they're telling you they want to do.
But I read this thing five times. I don't know that there's a
substantial difference between what they're asking for and what they
have now. And as far as the landscaping goes, I know Divosta does
their own landscaping, so it's going to be their own problem on trying
to get those mowers around.
COMMISSIONER COLETTA: Okay. That's what I needed to
know.
CHAIRMAN FIALA: Then do we have a motion?
COMMISSIONER COLETTA: Motion to approve.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay. I have a motion to approve and a
second. Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
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November 10,2009
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: 4-1, thank you.
Okay. We're going to take a break right now. For those who
haven't sung happy birthday to Terri, we could sing it again.
MR. OCHS: Ten minutes, ma'am?
CHAIRMAN FIALA: Yes, ten minutes.
(A brief recess was had.)
MR. OCHS: Madam Chair, you have a live mike.
CHAIRMAN FIALA: Thank you.
Item #9 A
RESOLUTION 2009-276: APPOINTING JEFFREY M. RANDALL
(FULFILLING THE REMAINDER OF THE VACANT TERM
EXPIRING APRIL 4, 2013) TO THE IMMOKALEE ENTERPRISE
ZONE DEVELOPMENT AGENCY - ADOPTED
MR. OCHS: Commissioners, we're moving on to Item 9 in your
agenda, Board of County Commissioners. 9A is appointment of
member to the Immokalee Enterprise Zone Development Agency.
CHAIRMAN FIALA: Oopsy. I'm sorry.
COMMISSIONER HENNING: Motion to approve Jeffrey
Randall.
CHAIRMAN FIALA: Okay. I have a motion and a second to
approve Jeffrey Randall.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: (Absent.)
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November 10,2009
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
Item #9B
RESOLUTION 2009-277: APPOINTING WILLIAM C. SCHAFER
TO FULFILL THE REMAINDER OF VACANT TERM EXPIRING
DECEMBER 31, 2009 AND FOR AN ADDITIONAL 4- YEAR
TERM EXPIRING DECEMBER 31,2013 AS A MEMBER OF THE
PARKS AND RECREATION ADVISORY BOARD - ADOPTED
MR. OCHS: 9B is appointment of member to the Parks and
Recreation Advisory Board.
COMMISSIONER HALAS: Motion to approve --
COMMISSIONER COLETTA: Motion to approve--
COMMISSIONER HALAS: -- William C. Shafer.
COMMISSIONER COLETTA: -- the park --
CHAIRMAN FIALA: Second.
COMMISSIONER HENNING: I can't support that.
COMMISSIONER COLETTA: No, I can't support that either.
CHAIRMAN FIALA: What? Okay.
COMMISSIONER HENNING: I can't support that.
COMMISSIONER HALAS: Motion to approve William C.
Shafer.
CHAIRMAN FIALA: And I seconded that. I hear two people
saying, no, they can't.
Commissioner Coyle? Okay. Commissioner Henning?
COMMISSIONER HENNING: Yeah. The reason I can't
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support that is Bart Zino was before the Board of County
Commissioners on an appointment, committee recommended
somebody else, and -- I think it was somebody else -- but anyways, I
stated on the record that, you know, I have every intention to support
Bart Zino in this following position on parks and rec.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah, and I'm -- I'll tell you
what, the last time around, am I mistaken or did we appoint him as an
alternate member?
COMMISSIONER HENNING: No.
CHAIRMAN FIALA: No.
COMMISSIONER COLETTA: Oh, we didn't, okay. Then in
any case, we had quite a discussion about it, and it was brought up that
they thought that it might be a conflict. And I'm telling you right now
that I'll argue this to the end of the world. If there's a conflict for that
man, we've got to bring back just about half of all the board members
that we've got out there and declare a conflict with them, too, and
revote on it with a four to -- a four vote to be able to make it work.
It's totally inappropriate that we have people out there that serve
us without question and without any type of conflict, and the fact that
whenever there is a conflict, they excuse themselves. Commissioners
do it all the time, too.
We had Mark Strain who's been a tremendous Planning
Commission person for years. He works for one of the biggest
developers going, and he sat in on the discussion when his client was
coming up, but then he would excuse himself from the vote. Many of
us commissioners have excused ourselves from the vote in the past.
There is nothing that takes place on parks and rec. that would be
a conflict with this man. They don't vote on contracts, per se. They
vote on the conceptual idea of building. His experience would be
extremely valuable, and I can't believe that we're using the charades of
his business having a conflict of interest. There is no conflict, and if
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there is a conflict, then we need to bring it back for a future meeting to
be able to discuss exactly what is appropriate and what isn't
appropriate for people to serve on these boards. And I'm talking with
no mike. There we go.
COMMISSIONER COYLE: I didn't hear a word you said.
COMMISSIONER COLETTA: That was intended that way, sir.
I haven't understood all day either.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Well, I got -- the way I look at this,
there's three individuals, and they all came from District 2, and I
looked at the qualifications of all these. And then when I got the
email from the county attorney, I felt that maybe we should give the
opportunity for someone else in District 2 to be onboard this
committee, and that's why I felt that looking at the backgrounds of all
those people, that I felt William C. Shafer is the person that I think we
need to put on this so that we don't have questions asked about us as
far as having a conflict of interest or whatever else.
Obviously there's something there, because the county attorney
sure would not have given us the direction in regards to what we
needed to do. So that's where I stand. Thank you.
CHAIRMAN FIALA: Commissioner Coletta, I don't know if
you or Commissioner Coyle was first.
COMMISSIONER COLETTA: Give Commissioner Coyle a
chance, then I'll come in.
CHAIRMAN FIALA: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I'm inclined to go along
with the recommendation of the commissioner from District 2.
The county attorney is -- seems to be pretty clear that in his
opinion this may not be an appropriate example for a waiver. And I
do not believe -- I don't know Mr. Zino, but I doubt very seriously if
he's done anything wrong. I doubt seriously that he would do
anything wrong, but one of the problems that we have is to avoid the
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perception of wrongdoing, and other people who look at it might
think, well, hey, this guy's got an inside track. And I think we should
try to avoid that to the extent we can.
So if Commissioner Halas believes that Mr. Shafer is a good
candidate for this position, then I would suggest that we go with it.
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yeah, thank you. And I'm
going to ask Sue Filson some questions, because she's the one that
seems to supervise this action as far as who these people are that come
aboard.
Have you seen, under what we're looking at now, the premise of
possibly this gentleman being -- having a conflict coming aboard,
have we been bringing other people in on the boards, various boards
we've got, that would also have similar conflicts?
MS. FILSON: Not that I recall.
COMMISSIONER COLETTA: Okay.
Jeff, going back to you. This is an item that, if it's going to go
through this way and the reason that we're not going to put him on is
because there is a serious conflict, then we need to be able to have a
point in time where on our agenda we discuss what's conflicts and
what isn't conflicts for board members.
MR. KLATZKOW: Two things. One, I'm -- I am extremely
conservative on this issue because of the history of the prior board
here. And so when it comes to ethics and sunshine, I go a little
overboard, and I'll admit that. But this is a state requirement, not a
county requirement that I'm talking about.
Mr. Zino's a principal in a company that does business with the
county. If you want to put him on this board, under state law you've
got to waive that conflict. It will take four votes, okay. And you can
do that, and that's appropriate for you to do that.
When a matter that comes before the P ARAB that he's involved
in or his company's involved in, he will at that time have to recuse
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himself, and that would be the appropriate thing. So you can do this if
you want.
My concern is always the appearance of an impropriety and
people second-guessing any decision that might happen, which is why,
you know, when it comes to something like this, I'm very
conservative. But, yes, you can appoint him if you want.
COMMISSIONER COLETTA: Go back to the original thing I
just talked about. Do you think that this person is the only example of
what we've had serve on our advisory boards that may have a conflict
of interest?
MR. KLA TZKOW: No.
COMMISSIONER COLETTA: Okay. I appreciate that. Do
you think that we should come up with some sort of understanding
and policy that would be able to identify it so we don't have people
applying for the position ifthere's going to be a conflict?
MR. KLATZKOW: You have applications. They're required to,
in those applications, put down their potential conflicts now. We go
through them. And when somebody hits my office's attention, we
then bring it to the board.
COMMISSIONER COLETTA: Okay. Now, then the question
would be, if -- how would this conflict come into play? Let's say that
we have the board deciding certain issues. Where would the conflict
come in, just so I have a better understanding how they would interact
where there could be a conflict?
MR. KLATZKOW: Let's say that, for example, I own the
company. Let's say I owned a stationery company, okay, and my
stationery company does business with the county, all right. In
wanted to be on an advisory board, that would be a status conflict
under the Florida state law and you'd have to vote -- give me four
votes, two-thirds of the vote, which in this case is four, in order for me
to appear on it.
Now, let's say I was on an advisory committee that worked with
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purchasing, okay. Now we're getting a little bit beyond the appear
(sic). In was going to be -- work on your DAS committee, for
example, the fact that I'm doing stationery work with the county is not
going to influence any possible decision I might have. But if I'm
selling stationery to the county and I'm working with some board
that's now recommending purchasing policies or recommending what
to buy, what not to buy, now it becomes a public perception that their
might be something untoward about this.
COMMISSIONER COLETTA: And that's correct. Now, is this
what these people on the Parks and Rec. Advisory Board do? Do they
make purchase policies?
MR. KLATZKOW: No, but they're making -- they are making
certain recommendations to you that will lead to purchasing. So, for
example, let's say -- let's say the recommendation is that we put fences
around a lake, okay. That in and of itself is fine, but if one of your
members works for a fencing company that would then bid on the
contract, there may be the perception that the only reason they're
recommending the fencing to you is because they want the fencing
job.
Now, you would have to recuse yourself, you know, on any
issue, who we're going to award this to, but there's also -- there's
always a smell to it that the only reason they're really on that board is
because they want to generate business.
COMMISSIONER COLETTA: Probably correct, but I'll tell you
MR. KLATZKOW: And I'm not saying Mr. Zino's doing this.
Don't get me wrong.
COMMISSIONER COLETTA: I head all the time members of
the different boards using their expertise from what they've learned in
the businesses they work with to be able to give advice and direction
to the board so they can reach a final conclusion.
So I'm still having a hard time understanding where we're going
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when somebody is trying to serve a useful purpose in the community
that's not -- no selfishness to it, served on the board before, been the
recommendation of the board itself. And I still can't see what that
conflict could be.
And you also said that if this would be a conflict for him, we'd
have other people, and I don't know if it's numerous or a couple or 50
that may also have conflicts, and we need to get our arms around this.
MR. KLATZKOW: Commissioners, you have people who are
on your advisory committees that sometimes I wonder why they're
there. I'm just -- I'm just telling you that. But, you know, at the end of
the day they have to recuse themself, and that's fine, and you have to
waive status conflicts, which is fine.
COMMISSIONER COLETTA: Yeah. And the only reason I
raise such an issue -- because I do respect you greatly and the legal
advice you give us, is that we have had numerous people we have
appointed in the past, and this issue never came up in all the years I've
been here. And so that's the reason why this is such a contentious
issue for me to deal with.
CHAIRMAN FIALA: I've been wondering why it was so
important to you, so I'm glad you explained that.
COMMISSIONER COLETTA: That's it. Just all of a sudden
out of the blue for this one person.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Sue, is this a district
appointment?
MS. FILSON: No, sir.
COMMISSIONER HENNING: Is this District 2?
MS. FILSON: No. It's an urban area appointment.
COMMISSIONER HENNING: Urban area, okay. Because the
discussion is, it seems like it may be at District 2, and it was the first
time I was aware of that.
COMMISSIONER HALAS: No. It's just that three applicants
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came from District 2.
COMMISSIONER HENNING: Madam Chair, I have the floor.
Mr. Klatzkow?
MR. KLATZKOW: Yes, sir.
COMMISSIONER HENNING: The -- we have two members of
DSAC that do business with the county and recently appointed, and
this is the first time I've ever heard this.
MR. KLATZKOW: Sir, when the issue comes to my attention, I
bring it to the board.
COMMISSIONER HENNING: Okay. The attention as far as an
executive summary or somebody personally bringing it to your
attention?
MR. KLATZKOW: Usually what will happen is I will get a call
from the advisory board member saying, I had this issue, you know,
please advise. And sometimes I'll just put it on the consent agenda, for
example, saying that I don't see any problem with your asking the
board to waive any conflict.
COMMISSIONER HENNING: So why don't we go over statute
112 so we -- so I have an understanding. I mean, I -- I understand
that, you know, when you have conflicts that you have to abstain.
MR. KLATZKOW: Yes. But there are two types of conflicts,
and the conflict I'm talking about is he's doing business with the
county, which is a general conflict that's waivable by the board on the
appointment, and you can do that with four votes, and Mr. Zino can be
on the board. The second conflict would be if he had a personal -- if
he had a matter that he involved himself personally or his company,
right in front of it, he would have to abstain from the vote.
COMMISSIONER HENNING: What -- why is it a
supermajority of the board? Is that a statute or is that an ordinance?
MR. KLA TZKOW: Statute. It requires two-thirds vote.
Unfortunately there's five of you, so it's got to be four.
COMMISSIONER HENNING: Should there be less than five of
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us here?
MR. KLATZKOW: If there was three of you here, it would take
two votes.
COMMISSIONER HENNING: All right. Well, we've got four
of us now, so let's vote.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. I just wanted to read
from the transcripts from the last meeting when this came up, and this
is Bart's comments. In my two years or almost two years previously
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 it as part of what
we do. I never recommended or we ever voted on a recommendation
for award.
Thank you.
CHAIRMAN FIALA: Okay. Commissioner Coyle is the second
and he's not here.
MS. FILSON: Motion was made by Commissioner Halas and
seconded by you.
CHAIRMAN FIALA: Oh, by me, okay. So we have a motion
on the floor to approve William Shafer.
COMMISSIONER HALAS: Can you see where Commissioner
Coyle is before we make the vote?
CHAIRMAN FIALA: Yeah.
COMMISSIONER HALAS: Would you see ifhe's back there?
COMMISSIONER COYLE: No.
CHAIRMAN FIALA: I have a motion on the floor and a second
for William Shafer.
COMMISSIONER COYLE: Oh, yes.
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
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November 10, 2009
Opposed?
(No response.)
COMMISSIONER COLETTA: No.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay. So that's a 3-2 vote.
COMMISSIONER COYLE: That's an approval.
MR. KLATZKOW: That's approved.
Item #9C
RESOLUTION 2009-278: APPOINTING PATRICK WHITE
(REPRESENTING THE CITY OF NAPLES) FOR THE 3- YEAR
TERM EXPIRING OCTOBER 20,2012, TO THE CONTRACTORS
LICENSING BOARD - ADOPTED
MR. OCHS: Ma'am, that takes you to 9C, appointment of
member to the Contractors Licensing Board.
MS. FILSON: And on this particular one, Madam Chairman, the
resolution in the backup is not signed. I just got it yesterday. I do
have a signed copy.
CHAIRMAN FIALA: Oh, thanks.
COMMISSIONER HENNING: Motion to approve Patrick
White.
CHAIRMAN FIALA: 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?
MS. FILSON: And if you want me to explain that, he currently
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serves on the board, but the city was having problems finding a
consumer member, so they decided to appoint Patrick as their
representative and then I would advertise for another one for the
county.
CHAIRMAN FIALA: Oh.
MS. FILSON: So that's the reason for that.
CHAIRMAN FIALA: Okay. So he switches hats but still for the
same employer?
MS. FILSON : Yes.
CHAIRMAN FIALA: Okay. Thank you for explaining that.
Did we vote on that?
MS. FILSON: Yes.
CHAIRMAN FIALA: Okay. Next one?
Item #9D
RESOLUTION 2009-279: APPOINTING MARK TEA TERS TO
THE HORIZON STUDY OVERSIGHT COMMITTEE -
ADOPTED
MR. OCHS: 9D is appointment of--
COMMISSIONER COLETTA: Motion to approve Mark
Teaters.
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?
(No response.)
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November 10, 2009
Item #9E
RESOLUTION 2009-280: APPOINTING JEFFREY SCOTT CURL
TO THE GOLDEN GATE ESTATES LAND TRUST COMMITTEE
- ADOPTED
MR. OCHS: 9E is appointment of a member to the Golden Gate
Estates Land Trust.
COMMISSIONER COLETTA: Motion to approve Jeffrey Curl.
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?
(No response.)
Item #9F
RESOLUTION 2009-281: AMENDING THE ADMINISTRATIVE
MANUAL ASSOCIATED WITH THE VEHICLE FOR HIRE
ORDINANCE TO PROVIDE FOR ISSUANCE OF A
TEMPORARY LICENSE TO OPERATE IN COLLIER COUNTY
UNDER SPECIFIED TERMS AND CONDITIONS - ADOPTED
MR. OCHS: 9F was an add-on item at Commissioner Coyle's
request. This was an item for consideration to amend the
administrative manual associated with the vehicle for hire ordinance to
provide for issuance of a temporary license to operate in Collier
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November 10,2009
County under specified terms and conditions.
CHAIRMAN FIALA: Did we get any backup paperwork on this
or anything?
COMMISSIONER COYLE: Well, I thought the attorney had an
opinion and recommendation concerning this. I don't have anything in
my packet, but --
MR. FRENCH: Good morning, Commissioners. Thank you for
the opportunity to appear before you today. My name's Jamie French,
the operations manager for CDES.
Commissioner, this was brought to our attention by Elite
Limousines, the owner of Elite Limousines. And as the board, if you
don't remember, we brought this to you in May and we changed--
May of this year -- and we changed the way the county regulates the
vehicle for hire industry to include charter service vehicles which
involves limousines as well as the taxicabs.
What we did is when we wrote this ordinance, it was -- it was
simply an error of omission on our part because we never -- we
thought -- we never thought of this as an unintended consequence that
would -- there would never be enough of a product within the county
to support an event like the wine festival.
Currently, they use about 200 limousines, and within Collier
County we only have about 105 limos registered as able to operate
within Collier County. So clearly there's a need.
What the companies would like to do is they would like to
actually go out -- and this can really be done by even a mom-and-pop
organization. You don't have to have a fleet of cars, but they would
like to go out and subcontract with other limousine companies across
the state to allow them to come in and operate under their license, and
what would happen is that they would be able to provide services to
such events, PGA shootout, the high school proms, the graduations
and whatnot.
What staff has proposed is that we -- that we've actually -- we
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make an amendment to the resolution not to the ordinance so that it
does not need to vet through the advertise process. But essentially
what we do is we still hold all of these licensed contractors to the same
standards as we do our contractors that are currently operating under
the business license.
Now, they would have to be sponsored as they were in the past
by a licensed company. Currently within the CDES fee schedule it's
$5. So we may want to come back, because this is a
non-ad-valorem-fee-based service. I'm just not quite certain what the
costs would be to review applications.
So at this point my staffs recommendation would be to stay with
the $5 fee for now. But outside of that, we believe we've covered
everything within the resolution or the amendments to the resolution
that would not undermine what the board's intentions were when they
originally created the latest version of the PV AC or, I'm sorry, the
public vehicle for hire ordinance.
And I'm happy to answer any questions you might have of staff.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: My concern is, I think what I read
from the correspondence that was given to me was that this would be
taxis or limousine services that would be out of county. And if we
follow the same criteria, if they've been approved in those counties,
that we should accept that.
The only concern that I have is that the requirements that we
have compared to the other counties, are those counties as stringent in
their requirements of taxicab services as what we have in our
ordinance?
MR. FRENCH: Well, sir, I'd love to be able to answer that for
you, but unfortunately what happens is that between -- because most
of these are coming over from primarily Broward and Dade County __
in Lee County, I can tell you yes. In Charlotte County, I can tell you
yes. But we do know that the majority of these limos are coming over
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from Miami-Dade and Broward County, so we've got well over 60
cities that we'd have to look at as well, and we've just not dug that far
into it.
But what we did do within the amendments of the resolution is
we did require that the company that is actually coming over would
actually have to be licensed by their originating city or county, and the
driver who's operating that vehicle would also have to be licensed by
their city or county, and that license must have included a criminal
background search by the originating city or county.
Now, as far as the details on what they look at and whether or not
it's a level playing field of what Collier County is compared to these
other cities and counties, I could not tell you that yet; but we felt like
it was a pretty good start, and we can always bring that back.
COMMISSIONER HALAS: What about the possibilities of
liabilities in regards to bringing limousine services into this county
from outside such as Broward and Miami-Dade-area? How does that
affect our ordinance as far as burden being put on us letting those
people come in here and then being involved in liability suits?
MR. FRENCH: Well, under the amendment to this resolution,
the burden still falls on the license holder.
COMMISSIONER HALAS: Okay.
MR. FRENCH: They are jeopardizing -- they are a licensed
operator within Collier County that is bringing a company in under
them almost as an umbrella. There is an insurance requirement, and
the insurance requirement still stays as is. It's $125,000 requirement
per person, $300,000 per more than one person bodily injury, and a
$100,000 property damage per incident.
So those are the county standards. And many companies that
currently operate the limousines, they generally carry about a
million-dollar policy under an umbrella. And so essentially what
happens is that they hire these folks in as subcontractors under their
umbrella policy. And so long as they can provide that to staff, we'll
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happily provide them with the temporary ID in addition to the driver's
ID to make sure the criminal background search was done, sir.
COMMISSIONER HALAS: Okay.
MR. FRENCH: So as far as the liability end, I think we're
covered.
COMMISSIONER HALAS: Okay.
CHAIRMAN FIALA: Commissioner Coyle, did you have any
comments on that?
COMMISSIONER COYLE: No, I'm okay. It sounds like a good
solution to me, and it will solve a number of situations throughout the
year with that one change. It removes what really is an unintended
consequence of the law.
MR. FRENCH: Yes, sir. And one of the things we also did is
that we put a limit on it so that a company could not come here and
abuse this. So it extends it to a vehicle owner per se. He can come to
Collier County six times out of a 12-month calendar year to participate
in this. Should he want to participate more than six times, then he
would want to come in and get a license with us. And there are not
residency requirements. We removed those, so you can actually live
in Lee or in Broward or in Dade and still have a license to operate in
Collier County.
CHAIRMAN FIALA: Commissioner Coyle, can I ask you, did
you happen to get to speak to Tony Morino?
COMMISSIONER COYLE: Yes, I did.
CHAIRMAN FIALA: Did you? Okay.
COMMISSIONER COYLE: Yes.
CHAIRMAN FIALA: Because I was supposed to call him back,
and I have not had an opportunity. So his concerns or whatever they
are are voiced through you anyway, right?
COMMISSIONER COYLE: Yes. I talked with Tony at length.
I've talked with the people in the wine festival. I've talked with the
county attorney people about the other organizations that need this
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service, so it seems to solve a wide range of problems.
CHAIRMAN FIALA: Very good, that was a concern. Do you
need a motion from us then?
MR. FRENCH: We would need a motion, ma'am, and I'll defer
to the county attorneys. But just to let you know that I also, up in __
for about an hour, I spoke with Tony.
CHAIRMAN FIALA: Oh, good.
MR. FRENCH: He's very good. In fact, he thought I was being
a -- we were being a little more permissive with the six, but he was
comfortable with the number.
CHAIRMAN FIALA: Okay. He's a good guy. Okay.
COMMISSIONER COYLE: Motion to approve.
CHAIRMAN FIALA: Second.
COMMISSIONER HENNING: Second.
CHAIRMAN FIALA: Okay. I have a motion to approve by
Commissioner Coyle, a second by Commissioner Henning.
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.
MR. FRENCH: Thank you.
Item #10D
RECOMMEND THAT THE BOARD OF COUNTY
COMMISSIONERS APPROVES THE FLORIDA SHORE AND
BEACH PRESERVATION ASSOCIATION (FSBPA) INVOICE
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DATED SEPTEMBER 28, 2009 FOR $2,000 TO THE FSBP A
LEGAL DEFENSE FUND IN SUPPORT OF THE CURRENT
BEACH RENOURISHMENT LEGISLATION SCHEDULED TO
BE HEARD BY THE US SUPREME COURT IN DECEMBER
2009 - APPROVED
MR. OCHS: Commissioner, that takes us back to 10, Item lOD,
which was previously 16D8 on your consent agenda, moved forward
by Commissioner Henning. This is a recommendation that the Board
of County Commissioners approves a Florida Shore and Beach
Preservation Association invoice dated September 28,2009, for
$2,000 to the FSBPA legal defense fund in support of the current
beach renourishment legislation scheduled to be heard by the U.S.
Supreme Court in December, 2009.
MR. McALPIN: Madam Chair, Gary McAlpin for the record.
I'm here to answer any questions.
COMMISSIONER HENNING: Yeah. The reason I pulled this,
the Kaeto Institute -- in fact, Robert Levy is one of the residents is
going to argue in the Supreme Court that we don't take personal
property rights away from beach residents. And I know it's kind of a
double-edged sword for me, but if we don't stop whittling away on
personal private property rights, then where are we going to be in the
future?
What this issue is, it's a -- it went through this Supreme -- Florida
Supreme Court. Now it's going to the U.S. Supreme Court. The issue
is -- or the waterfront property owners own all the way to the
high-mean waterline.
There's a city in Destin, Florida, I believe, that is wanting to
renourish the beach and also claim rights to that property once they
renourish, even though that -- it is -- they pay taxes on these __
beach-front property owners pay taxes on it. And I can't support an
item that is government, in my opinion, taking property away from
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private citizens.
So I'm going to make a motion that we deny this item.
CHAIRMAN FIALA: Okay. And I'll second for discussion.
Gary?
MR. McALPIN: Madam Chair, as Commissioner Henning has
said, this has been passed. We have operated under the erosion
control line for the State of Florida for a significant period of time.
And Commissioner Henning is right, in the past what has happened is
that the erosion control line has been the demarcation. Gulf property
owners have owned up to that point until recently, and I say recently.
It's been a number of years. I can't tell you the exact number, but it's
been over ten, where the -- when the renourishment has occurred, the
state has established an erosion control line, and that's a permanent
marker, and the land -- the property owners would then own to the
landward side of that, and the state owns to the Gulf side of that.
This has been upheld by the Florida Supreme Court. The issue
with us in terms of the -- this item here is that it would put the beach
renourishment program in turmoil for the state and there would
possibly be issues with legislation or taking that we would have to
identify within the county.
So the Florida League of Cities is supporting the State of Florida
in support of the state for the erosion control line, and they have asked
-- and the Florida Beach and Shore Association, which is made up of
cities and counties, has asked us to support them in this, and this is a
$2,000 contribution for legal fees associated with the support.
So the item is a payment of $2,000 to support FSBP A which
would support a legal position in defense of the state and erosion
control line issues.
CHAIRMAN FIALA: Are the Florida Association of Counties
also supporting this?
MR. McALPIN: Yes, ma'am, they are.
CHAIRMAN FIALA: Okay, fine. Thank you.
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Commissioner Henning?
COMMISSIONER HENNING: Yeah. And I don't know if
you'll recall, but when we were re-nourishing Naples Beach, we
couldn't get permission from property owners, so we didn't renourish
that beach in front of their property. So we always recognized private
property rights, but now because there's a lawsuit going to the
Supreme Court, we're not recognizing it? I mean, I find that kind of
odd.
MR. McALPIN: Commissioner, if I might, what we have in the
past when we didn't renourish in front of a property owner, that was an
easement. It was a public easement which would allow us to come on
their private property and have access to their private property, as we
did with the -- when we did that renourishment in front of that private
property .
I believe that -- and so that was the extent of the easement that
we were looking for. And when we did not renourish in front of a
piece of property, we did not have that easement to go on their
property .
COMMISSIONER HENNING: That's the same thing, private
property, you didn't get the permission to go on it. And I just -- it's a
real slippery slope that you don't want to go down.
CHAIRMAN FIALA: Leo?
MR. OCHS: Yeah, Commissioner, I agree. It is a slippery slope.
I think the staff wanted to bring it forward for the board's
consideration because you have spent literally tens of millions of
dollars in the past re-nourishing the beaches for the use of enjoyment
of the public and the visitors.
This is a little different than the private easement issue, as I
understand it. And I'm going to ask the county attorney to really
weigh in on the legal issues. But I think Gary was talking about an
easement on the private property side of that line and demarcation, but
now we're talking in this lawsuit, as I understand it, eliminating that
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November 10, 2009
line of demarcation and extending these private property rights out
further, which may dramatically increase our costs if we have to do
individual takings with every piece of property running down the
entire line of the beach. And we just think that would make
essentially beach renourishment, perhaps, cost prohibitive in the
future.
So, Jeff, I don't know if--
MR. KLATZKOW: This is a major eminent domain taking
lawsuit that the U.S. Supreme Court has decided to take on. This will
be a landmark decision one way or the other.
We're balancing the public's right to access beaches with private
property rights. I mean, in essence, there's a -- I talked to the attorneys
representing the property owners, and the idea is this, there's a
difference between having beachfront ocean-view property and having
beachfront property. And what's happening is that at one point in time
this may be your house and the shore is here, but now we've
renourished and now the shore is out here.
So the public is all the way out here now, and you've created
what, in essence, was a private beach into a public beach, and that's
the taking.
So I had -- I had basically a private beach with just a small
shoreline that's now a major public beach, hundreds of feet, and that's
the issue for the Supreme Court.
The Florida Association of Counties is arguing that this would be
devastating to Florida's beach renourishment policy because, in
essence, we won't be able to do it after that. The cost of litigation
would be just too high. And the private property owners are saying,
what's right is right. This is a constitutional protection.
COMMISSIONER HENNING: Well, it -- is (sic) what Leo said
is true, that once they go beyond that historical high-mean waterline
when you restore it, they're considering that private property? Is that
your understanding?
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November 10, 2009
MR. KLATZKOW: My understanding what's happening is that
there are -- they're extending the beach.
COMMISSIONER HENNING: Who's they?
MR. KLATZKOW: The state. The state. The renourishment is
extending the beach.
COMMISSIONER HENNING: Extending the beach, and --
okay. And the private property citizens want to also extend their
property line?
MR. KLATZKOW: No, they don't want the beach extended.
And so let's say the beach is 20 feet.
COMMISSIONER HENNING: I see.
MR. KLATZKOW: Okay. And now the beach is 200 feet
because we've dumped all this sand on it.
COMMISSIONER HENNING: Well, my mistake then. I mean,
what I read on the Kaeto's Institution's website is local government,
including the state, wants to renourish the private property as part of
the beach and then consider that public property. That's not the case.
MR. KLATZKOW: My understanding is that the argument is
that what they're essentially doing is that they're creating new beach,
all right; therefore, in essence, changing what you have. So instead of
having oceanfront property, I now have property that faces a public
beach.
MR. McALPIN: In may, I think the issue was before is when it
was the mean-high water, the property owners' property touched the
water. Now we come out and renourish, and that mean-high water
point is changed. It comes out there.
But the state establishes an erosion control line which is the
average of 15 years of where that mean-high waterline was. So
private property owners are arguing that although I could still see the
beach, I still have access across the beach, my property doesn't touch
the water anymore and that it's an illegal taking.
COMMISSIONER HENNING: My misunderstanding. I support
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November 10, 2009
it. It was -- the way it was written on Kaeto's website, it didn't seem
like -- it sounded like a taking.
CHAIRMAN FIALA: So then I pull my second on that.
COMMISSIONER HENNING: Yeah.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. Let me tell you about a
circumstance we encountered eight or nine years ago during a beach
renourishment project.
We had to get permission from beachfront property owners to
renourish the beach up to their property line.
COMMISSIONER HENNING: We had that discussion.
COMMISSIONER COYLE: Oh, did you already have that
discussion where we had big holes in the --
COMMISSIONER HENNING: Right.
COMMISSIONER COYLE: Okay. So you already had that
discussion. So, yeah, all right, okay.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: So I'm going to make a motion
to approve.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Okay. Motion to approve and a second.
All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
COMMISSIONER HENNING: Apologize.
CHAIRMAN FIALA: Okay, 5-0. Thank you.
MR. OCHS: Thank you.
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November 10, 2009
CHAIRMAN FIALA: And that was an interesting conversation
really.
COMMISSIONER HENNING: That was on Glenn Beck's show,
this whole issue also.
CHAIRMAN FIALA: Oh, really?
COMMISSIONER HENNING: So it sounds like there's a lot of
misunderstandings.
CHAIRMAN FIALA: Well, I'm really glad you pulled it
because then we got to discuss it openly and learn more about it.
Okay. So now we move on to -
Item # 11
PUBLIC COMMENTS ON GENERAL TOPICS
MR. OCHS: Item 11, ma'am, which is your public comment on
general topics.
CHAIRMAN FIALA: Do we have any pubic out here, any
speakers?
MS. FILSON: No, ma'am.
CHAIRMAN FIALA: Okay. Then we move on to --
COMMISSIONER COYLE: Motion to adjourn.
MR. OCHS: No, we move on to--
MS. FILSON: We have a-
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: 12A was continued to December 1 st, so that takes
us to 15, staff and commission general communication.
CHAIRMAN FIALA: Okay. Leo, would you like to start?
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MR. OCHS: Yes, ma'am. I just have one issue.
This morning I distributed a letter to the commissioners that I
received yesterday via email from Ms. Laura Donaldson who's an
attorney that you-all know that was present here during the discussion
of your legislative workshop with the local legislative delegation. She
was the -- I believe the author of the draft consolidation bill which you
discussed and, in a prior board meeting, voted not to support as part of
the list of legislative priorities that Commissioner Fiala will be
reporting out on to the local delegation on November 24th.
Ms. Donaldson had asked me to get this letter to you because it
contained some recent updates to that consolidation bill removing the
request for a separate certificate of public convenience and necessity
exempting that from their draft bill.
And since the board was not going to have another opportunity to
discuss that change before Commissioner Fiala will be reporting on
the 24th in front of the delegation, I told her I would just get it in front
of you and see if you had any change from your previous position on
this issue.
CHAIRMAN FIALA: Did everybody get a chance to read it or,
Leo, would you like to read it or explain the letter to us and --
MR. OCHS: I can certainly read it. It's not very long, ma'am. It
says, Dear Leo, as requested, please consider this letter normal
notification that the two local bills related to the consolidation of the
five independent special fire control and rescue districts in Collier
County have been revised to address the certificate of public
convenience and necessity exception issue. The remaining provisions
of the proposed legislation provide the framework for the future
consolidation of the districts of Collier County. Even to get the
districts to agree to a voluntary framework took several years to
achieve.
With the removal of the exemption as well as the inclusion of a
referendum requirement prior to a merger becoming effective, we ask
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that the Collier County Board of County Commissioners reconsider its
position to oppose the consolidation of local bills.
And then it goes on, ma'am. I don't think I need to read all of it.
I'll read the last paragraph because it just goes on to elaborate a little
bit more about those items.
She concludes by saying, we respectfully ask that the Collier
County Board of County Commissioners rescind its opposition to the
Paradise Coast Fire Control and Rescue District and the Panther Creek
Fire Control and Rescue District. We have attempted to address the
concerns raised by the Collier County Board of County
Commissioners or at least explain why the legislation provides what it
does, i.e., the seeking of pre-approval rather than ratification.
Even though the proposed local bills do not guarantee complete
consolidation, it is the first step in a very difficult and complicated
merger process of five separate local governments. Our hope is that
the local bills will become law so that the voters of the districts have
the opportunity to vote to merge their districts.
If you have any other additional questions or if you need
additional information, please do not hesitate to contact me.
Sincerely, Laura Jacobs Donaldson.
CHAIRMAN FIALA: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Yeah. I think it's -- remove
some of the concerns of the Board of County Commissioners, but I
don't understand -- or maybe we didn't communicate right. What we
said all along is, consolidate the one fire district and you can have __
we'll give you EMS.
The bill before the delegation is creating two -- creating two
different districts. The whole reason why -- my opinion, why we
brought it up in the past is to try to get some savings to the taxpayers
in Collier County. It wasn't, well, you're going to have some what
efficiencies, but it doesn't make sense for multiple agencies, again, to
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go to a lot of these scenes. It's under one roof, then I think the
taxpayers would really realize some efficiencies in government.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Well, I -- my concern with the
request is that it assumes that we can make an appropriate decision on
the spur of the moment at the end of a board meeting when it hasn't
really been staffed and been put through the attorney's office to
determine if what the state attorney is saying here is, in fact, true about
the legislation.
I mean, this legislation is complex. And before we -- we would
take any position on it, it would seem to me that we would ask the
county attorney to review it to see if it does remove all objectionable
provisions. And secondly, does it accomplish anything that we as a
board feel is beneficial for the county?
I don't know how we can arrive at that answer, quite frankly.
Right, County Attorney?
MR. KLATZKOW: Yeah. I have not had time to really analyze
this.
COMMISSIONER COYLE: Okay. So I think we need to staff
it.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah, when this is brought back
for discussion -- and hopefully it will be after we get the staff to do
some review of it -- there's a couple of things that I would like
consideration of and, one, I'd like it looked at to see -- the way I'm
seeing this thing right at this point in time -- and I admire the fact that
there's an effort underway to try to come up with a happy medium,
and it might be impossible in the end. Who knows.
But my problem with it is these two independent zones. I'm
looking at this where the eastern part of Collier County is an economic
exclusion zone is what we're trying to set up. And I need somebody to
-- I'm sorry, I do see it that way. I need somebody to be able to
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discuss that with me at great lengths. I'd rather do it right out in the
public.
And the other thing is is that shouldn't the direction be given
through a referendum? I'd love to see something go on the ballot that
generally just sees if the public's in favor of consolidation from one
end of the county to the other to help give direction to everyone that
needs that direction.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yes. I've got some concerns in
regards to the two fire districts. First of all, you're talking about two
fire districts, and then you talk about you'd like to have a COPCN, and
-- but you don't want to take on the liabilities of this transporting. And
I think that's probably one of the biggest concerns is -- and you want
to do this. You're saying, well, we don't want to transport. What
you're trying to do is circumvent the medical doctor at the present
time, Tober, so that you can have your own but yet you don't want to
take on the liabilities, and you can't have your cake and eat it, too.
So I think that when we get really down to brass tacks, I think the
end result is, we need to get all the fire districts under one roof with
one captain or commander --
COMMISSIONER COYLE: Chief.
COMMISSIONER HALAS: -- whatever you want to say.
Chief, commander, and then I think once we get that taken care of,
then we can look at start exploring what needs to be done as far as
addressing all the other issues as far as who's going to take on EMS
and all of the things that go along with it.
CHAIRMAN FIALA: Commissioner Cannon, would you like to
comment, or Chief Dyer?
MR. CANNON: I would love to comment.
CHAIRMAN FIALA: I had a funny feeling you might.
MR. CANNON: For the record, Tom Cannon, chairman of the
East Naples Fire Commission.
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I wasn't prepared to talk, but what we proposed there is
legislation to make it easier for the fire districts to consolidate. Did
we put language in there about our own ALS non-transport? Yes,
because we want our ALS paramedics to be able to do the job that
they rightfully studied for, trained for, but tonight I am going to
terminate the ALS engine program from East Naples, because when I
have to open the paper and I see Dr. Tober says, we will not
renegotiate, it's very contradictory to what the commissioners said,
well, let's see if we can't negotiate this contract. Your medical director
does not want to renegotiate.
But let's get back to the legislation. We're trying to establish a
vehicle to make it easier to consolidate. We would do it with a
referendum before anything happens. We just want a vehicle in place
when our voters say yea or nay, we have a vehicle already in place to
where we don't have to go back to the State of Florida and get a new
enabling act. That's all this legislation was for.
Why the two districts? Because I really don't think it's feasible
for all the districts to combine at once. There would be -- there'd be a
situation that transpires where your urban area is going to fund the fire
protection for the rural area. What we basically established is okay,
we could probably have an urban fire district and a rural fire district.
Commissioner Coletta, you're a big opponent of consolidation.
COMMISSIONER COLETTA: That's not true.
MR. CANNON: Let the people -- if we took it to a countywide
vote, is this going to be a vote per fire district or per county?
COMMISSIONER COLETTA: Can I answer that?
Yeah, it would be -- it would be neither. What it is is that we're
not a charter county, so it would be straw ballot to help give guidance.
And I haven't been an opponent. I'm the one that formed the task
force five years ago that moved this all forward, Chris Lombardo,
myself, people from East Naples, the union, and we got this whole
thing fired up, and I stayed in the background of the whole thing, so
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I've been a tremendous supporter of consolidation. So you're totally
wrong, Tom, when you say I'm an opponent.
MR. CANNON: No, I said you were in favor of it, so--
COMMISSIONER COLETTA: Now, let's talk about.
MR. CANNON: -- how could I be wrong if you're -- you just
said you're in favor of it?
COMMISSIONER COLETTA: I'm in favor of consolidation __
MR. CANNON: That's what I said.
COMMISSIONER COLETTA: -- but I want it to be done on a
fair and equitable manner. And you just said exactly what I said,
economic exclusion zone. Have one area, one fire department. If you
have to come up with an adjustment for millage and everything,
according to what people are paying now -- in people in the rural area
pay more. And eventually, you know, adjustments will be made as
time goes forward. But this idea of two separate districts, I know what
will happen, they'll be yards apart for worlds to come, and eventually
it will merge all the way up to Bonita with the more expensive
neighborhoods. The rest of Collier County will be left in the lurch.
And I know -- I know that the fire departments in that area aren't
supporters of consolidation, but it's not the fire departments that I want
to listen to. I want to listen to the public. And everybody can come
aboard when it is. Form one district. You're real close to getting my
support. But form one district and not two.
MR. CANNON: I would agree, let's take it to a vote. But let's
do it district by district, because if District 1 doesn't want to do it,
boom, they're out.
COMMISSIONER COLETTA: Well, you can't make it
mandatory, Tom, you can't.
MR. CANNON: No. But East Naples Fire Department was
created by the citizens of East Naples. If East Naples dissolves and
goes into a Paradise Coast Fire Department, it's got to be the people
that decide, not you and I, but the people. And if East Naples would
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vote that they don't want any part of it, East Naples shouldn't be part
of it. If Immokalee votes that they don't want to be any part of it, they
shouldn't, because the people in those districts created these fire
districts.
COMMISSIONER COLETTA: Once again, it's a straw poll, and
it would be -- you can break it down by fire districts, you can break it
down by commission districts, you can break it down by whatever you
want. It's nothing more than to give guidance. It doesn't force anyone
into anything. But I -- the public I listen to out there is asking for
consolidation, consolidation en masse, rather than a little piecemeal.
MR. CANNON: It's funny because you said the public is asking
you to consolidate.
COMMISSIONER COLETTA: No, they're not asking me to
consolidate.
MR. CANNON: Well, they're asking that--
COMMISSIONER COLETTA: Well, that's what we have to do,
put it to a vote, and you can find out.
MR. CANNON: I sat in an East Naples meeting last week, and
you know what they told me? We don't want to consolidate. And it
shocked the heck out of me.
COMMISSIONER COLETTA: Well, that's what the ballot's all
about.
MR. CANNON: I'm all in favor of that. Let's -- you know, I've
been battling this subject and this word consolidation merger for 24
years. Let's put it to bed one way or the other.
COMMISSIONER COLETTA: That's fine by me, Tom.
MR. CANNON: Okay. But this legislation, whether you support
it or not, we're going to take it still forward. Whether it goes
anywhere, who cares? You know, I'm to the point now where we're
going to do what's best for the community, and I hope we all do that.
COMMISSIONER COLETTA: I think that's why we're here,
Tom, and I appreciate what you do.!
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November 10, 2009
MR. CANNON: But do we want to talk about ALS?
MR. OCHS: That's all I have, Madam Chair. Sorry about that.
MR. CANNON: All right.
CHAIRMAN FIALA: Did you want to say something about
ALS?
COMMISSIONER COLETTA: No, go ahead.
MR. CANNON: No, no, that's been beat down.
CHAIRMAN FIALA: Go ahead, Doug. I mean, Chief Dyer,
excuse me.
CHIEF DYER: Good afternoon, Commissioners. Doug Dyer, for
the record, chief of East Naples Fire Department.
Commissioner Halas, I just want to clarify. I think there might
have been a misunderstanding.
You had talked about the COPCN exemption. That letter that
Donna -- or Laura Donaldson wrote specifically took that out of the
legislation, so there is no more request for the exemption for COPCN.
CHAIRMAN FIALA: Yeah. That's what this letter was all
about, right?
CHIEF DYER: Correct, right. And I think it may have just have
been a misunderstanding. I just wanted to clarify that.
CHAIRMAN FIALA: Thank you.
CHIEF DYER: Thank you.
MR. OCHS: That's all I have, Madam Chair. Thank you.
CHAIRMAN FIALA: Okay. So Commissioners, she had asked
if you wanted to support this when I go before the legislation. Do we
want to change our vote to (sic) not support it to support it, or do you
want to leave it as is?
COMMISSIONER HENNING: I'm not in favor of supporting it
for the reasons I stated. I heard my colleagues said they would like
staffs input before making a decision on it.
CHAIRMAN FIALA: Yeah, I know, but the thing is, we're not
going to be meeting again before I get before them. I go before them
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on the 24th, and this is the 14th. We don't meet again until the, what,
4th of December?
MR. OCHS: We meet again on the 1st, ma'am, but--
CHAIRMAN FIALA: Oh, 1 st.
MR. OCHS: And again, I apologize in brought this
prematurely. I did bring it at this time because she had asked me to in
advance of that hearing. But, you know, if you're going to bring that
-- even if the delegation decides to bring that legislation forward, it
won't be until the spring legislative session. You will still have time
even after the 24th if the board wants to reconsider its position to do
so.
So we can still certainly take this back. I could work with the
County Attorney's Office to analyze the revisions to the draft bill and
bring you back an analysis. And if you want to, you know, make a
decision after that, you can certainly do that or maintain the position
you have right now.
CHAIRMAN FIALA: You know, Commissioner Coletta and
Commissioner Cannon both brought up a very good thing. They
would like to hear from the public on how they feel about all of this.
How can we discuss that? Do we need to have some kind of a
workshop, or do we need to bring it back or -- and then, you know,
what kind of a ballot and when would the ballot be and so forth? How
do we address that?
MR. OCHS: Well, all you have to do is -- and I think the board
has already talked about this before, doing a ballot question next fall
on the question of consolidation of all the fire districts into one unified
district.
CHAIRMAN FIALA: That's a year away though; meanwhile,
we don't have any ALS engine protecting our citizens for a whole
year.
MR. OCHS: Well, that's maybe related, but it's a separate
question to consolidation of all the districts, Commissioner.
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CHAIRMAN FIALA: I'm just fearful of health, safety, and
welfare.
Commissioner Coletta?
COMMISSIONER COLETTA: You know, we're getting closer
all the time. I mean, it sounds like there's a big gulf between us.
They've dropped off on some of the issues that were really
contentious. I only have one left out there that gives me reason not to
be able to come forward to support something that's close to what they
got. It's a direction I've been looking for for a long time.
I just feel that the area that I represent will not be served by
what's being put together as it's presently structured. I know what's
going to happen. We're already left in the lurch with a lot of things. I
mean, ALS engines in District 5, that's not going to happen for one
heck of a long time, if ever.
CHAIRMAN FIALA: Well, we don't have any in any of the
districts now. The only place that has ALS engines --
COMMISSIONER COLETTA: We never did.
CHAIRMAN FIALA: Yeah, but that -- Golden Gate chose not
to do that. I mean, that was their decision. They were offered it. Dr.
Tober asked everybody to do ALS. Golden Gate decided not to.
North Naples was the first one, and then East Naples was the second.
The City Of Naples now has ALS, and so does the City of Marco
Island. And of course, the county fire departments, Ochopee and Isles
of Capri have it. Nobody else has any ALS engines anymore.
So all of the paramedics that are working out there, they can get
to a job, but they can't do anything. So, you know, that's -- I just am
concerned with health, safety, and welfare.
COMMISSIONER COLETTA: Well, so am 1.
CHAIRMAN FIALA: I know you are. You always are.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN FIALA: Okay. So Leo, I guess we should study
about how we do this vote because that's -- can it really wait till next
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year?
COMMISSIONER COYLE: We don't have a choice.
MR. OCHS: Yes, yes, it can.
CHAIRMAN FIALA: We have no choice?
COMMISSIONER COYLE: We don't have a choice.
CHAIRMAN FIALA: Oh, okay.
MR. OCHS: It can wait.
CHAIRMAN FIALA: Okay. Very good. Thank you for
coming down and working with us, gentlemen.
MR. CANNON: I had nothing else to do.
COMMISSIONER HENNING: Well, don't go away. I still have
something else to talk about.
CHAIRMAN FIALA: Oh, okay.
COMMISSIONER COLETTA: Can I say something?
CHAIRMAN FIALA: Sure, go ahead, okay.
COMMISSIONER COLETTA: Tom, I really do want to get
together, meet with you over lunch or something, spend an hour or so
just discussing all this because we're -- believe it or not we're not __
we're not gulfs apart, we're closer than you think.
MR. CANNON: Are you buying?
COMMISSIONER COLETTA: No, you pay your own, Mister.
You're an elected official.
CHAIRMAN FIALA: Leo, do you have anything else?
MR. OCHS: No, thank you.
CHAIRMAN FIALA: County Attorney?
MR. KLATZKOW: No, ma'am.
CHAIRMAN FIALA: Okay. Commissioner Henning, we'll start
with you.
COMMISSIONER HENNING: Two things. First of all, I want
to say tonight on my way home I'm going to call my great uncle who
is -- be 91 years old today, and the reason I'm going to call him,
tomorrow is Veterans Day, and he is a World War II veteran, actually
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was in Pearl Harbor and South America.
So I encourage all to do the same or similar. If you know
somebody who is a veteran, call them up and thank them for their
service. That's why we have our liberties and freedom today. So
that's one good thing.
CHAIRMAN FIALA: Can I chime in on that for just a sec.?
There was this old gentleman that hangs around over Erin's Isle, and
he's from Pearl Harbor also. And he comes over, I mean, he's as thin
as a rail and then skinnier than that. And he comes over and he tells
you he's a Pearl Harbor survivor.
And it's the coolest thing. We were having an East Naples Civic
Association golfing tournament, this old guy -- I didn't think he could
even lift a golf club. I hope he's not listening. And he actually came
to this thing and golfed in it. Well, you know, as well as he could for
however -- he must be in his 90s, just like your uncle, if they're Pearl
Harbor survivors. But I'll call him, too. Thank you for that.
COMMISSIONER HENNING: Yeah.
CHAIRMAN FIALA: Yeah, cool; thank you.
COMMISSIONER HENNING: Well, that's great.
CHAIRMAN FIALA: Thank you.
COMMISSIONER HENNING: The next thing is
correspondence from the chair, Commissioner Tom Cannon, and
North Naples, Dr. Tober, the -- I don't know why -- I mean, I -- we
heard -- Tom, we heard you come to us and say, we want to change
the interlocal agreement, and then all of a sudden, we're not going to
have an interlocal agreement.
It's my understanding, and I've been told that the swap program
to where we would get a fire paramedic on our ambulance hasn't
happened in North Naples or East Naples. That is a financial burden,
and it is in the contract. I even talked to a fire commissioner last night
who was harping on Dr. Tober's agreement.
Well, it's not Dr. Tober's agreement. It's the Board of
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Commissioners' agreement with the independent fire districts. And I
don't know what they're being told, but obviously it's not the interlocal
agreements that we have signed. I think Commissioner Coletta was
the chairperson at that time.
That is a financial burden when one party doesn't live up to their
obligations. In fact, North Naples sent a correspondence to residents
within their district saying just recently, due to the action beyond our
control, we are no longer able to provide ALS engines in the event of
delay in Collier County EMS ambulance.
Well, I -- you know, it's shameful that they're using this tactic to
try to scare the residents out there but, you know, it was their choice
not to provide a fire paramedic for the swap program, just like East
Naples.
CHAIRMAN FIALA: Didn't Dr. Tober decertify all of them and
take away all of their ALS engines? I'm -- where did you say -- it's a
tactic. I don't understand that's a tactic if they've -- they didn't have
any control over having all of their paramedics be decertified and
having their ALS engines stripped from them. How is --
COMMISSIONER HENNING: Right. And it's because -- it
says right here, East Naples will provide one paramedic or fire EMT
to the county at 365 days per year for 24 hours a day utilizing on the
ALS transport. Jeff, did the fire departments provide those -- I'm
sorry .
CHAIRMAN FIALA: You mean Leo?
COMMISSIONER HENNING: Leo? And I talked to Jeff Page
about this.
MR. OCHS: Commissioner, there's two related items. The swap
is one item and the other is the training requirement. As I understand
it from your medical director, as a condition or one of the training
requirements in these ALS engine agreements, that requires
participants from the fire districts to ride on an ambulance on an
intermittent basis, and I think that the reason for the decertification
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was primarily because those fire paramedics had not fulfilled that
particular protocol, and then the department stopped with the swap,
and that's where we find ourselves at this point. And I don't have Mr.
Page here, but I can get him.
COMMISSIONER COYLE: We're never going to get out of
here.
COMMISSIONER HENNING: And then I -- Tom, I'm
disappointed that -- your letter, that you had to state, I was wrong to
trust the integrity of your fellow board members that you wrote -_
MR. CANNON: What it says is, was I wrong? I'm asking a
question.
But let me answer your swap question. Back in July -- up until
July, we'd had a firefighter on the ambulance every day, but that
truck's ambulance started going down to the Isles of Capri for fire
training. They went down there to learn how to put bunker gear on
and how to put an air pack on.
The chief of East Naples made the decision, take him off the
truck while you're going to do your fire training, and when you're
done, pick him back up. Well, once we did that, EMS came back and
said, you walked away from the truck. But every day after that for at
least 30 days, our firefighter, with his little lunch box, would report to
the ambulance to try to get on that ambulance. They refused every
day. So we tried to do the swap program.
As far as the medical training, first of all, up -- if you look at the
record, a lot of our paramedics were doing that ride time, but it
changed every day like somebody would change their clothes. We
never agreed to anything on the training program. First it was once a
quarter, then it was every 90 days. Well, if it was once a quarter, we
had quite a few of our paramedics, a couple of them, ride in that first
week of July, but then it came to be every day.
So everything was being changed in order to drive the fire chief
crazy. He couldn't keep up with it. We'd have to start paying
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overtime so that firefighter can get his ride time, which is costing the
taxpayers money. Then they wouldn't let him on the swap program.
We wanted to work with everybody. I think some people made it
very difficult for the fire districts to work them.
It's real funny, this last story after I wrote this letter, they talked
about doing ride times. Our last three paramedics were doing their ride
time on a fire truck that very day. Then I believe your medical
director found out about it and decertified them that -- right that very
minute while they were doing the training.
COMMISSIONER HENNING: Tom, is it a problem for your
fire paramedic to go to Isles of Capri?
MR. CANNON: Well, I would think--
COMMISSIONER HENNING: Or even Immokalee?
MR. CANNON: I would think as a firefighter for a number of
years, they know how to put a bunker gear on, they know how to put
an air pack on. It was just -- we can do the fire training. You know, if
that ambulance wants to learn how to put bunker gear on, we can
teach them right there in-house from station 22. But to take our
firefighter out of district just to learn how to put a bunker gear on,
which he does every day, and an air pack on, which he does every
day, we just thought was irrational.
But as far as my letter, I would never question your integrity.
That's not me. But we talked about trying to renegotiate an ALS
contract, and we just didn't get anywhere other than your medical
director in the newspaper saying, we are not going to renegotiate even
though our agreement is not with him, it's with the Board of County
Commissioners.
COMMISSIONER HENNING: Well, I'm glad you recognize
that. And it was my understanding that you were going to provide
some information to our staff so that we can have a workshop and
discuss --
MR. CANNON: And it's all written, ready to go, and I, at the
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last minute said, Doug, don't send it. It's over.
COMMISSIONER HENNING: Well, okay.
CHAIRMAN FIALA: Well, so why did you do that? Why don't
you send it in?
MR. CANNON: Because, you know, every time we take one
step, we get knocked down three steps. You know, a fire district or a
commissioner who is trying to provide something to their taxpayers
keeps getting knocked down, sometimes you just want to say, it's not
worth it.
CHAIRMAN FIALA: Did anybody come to the County
Commission and ask them if we should cancel an interlocal agreement
or that we would not accept an interlocal-- you know, I didn't know
that until I just heard about it that -- that it was in the paper apparently
that -- that there will be no interlocal agreement? Did anybody ask
us? I mean, as long as we're in charge, did anybody ask us?
MR. OCHS: Commissioners, staff didn't terminate any
agreements.
CHAIRMAN FIALA: Well, then what is --
MR. CANNON: It's your medical director out there commenting
to the newspaper. As I said when I was here in September and we met
with Dr. Tober, I gave him my phone number and says, if you have a
problem, call me. And the only phone calls I ever get is from the
newspaper or the television reporters. I'd rather hear from Dr. Tober.
CHAIRMAN FIALA: Yeah, you said that in my office to him. I
was there, so was Chuck Mohlke.
MR. CANNON: We want to do what's best for the citizens of
Collier County. We have trained, state-certified paramedics that we
would love for them to be able to practice their skills, but I think
there's other sources out there that the fire department has no control
over that doesn't want this to succeed.
And I was amazed when we met with Dr. Tober in your office.
And I asked Dr. Tober directly, Doctor, why did you agree to the
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paramedic program, ALS program? I'm still amazed at his answer.
His answer to me was, I wanted my paramedics to get a raise.
COMMISSIONER HENNING: Seeing that this is my time.
CHAIRMAN FIALA: Go ahead.
MR. CANNON: Well, thank you for allowing you (sic) to share
your time.
COMMISSIONER HENNING: This is an agreement with the
Board of County Commissioners and independent fire districts, okay.
So what takes place in your office -- and we ask our staff to -- actually
it's in the statutes, it says, the county manager shall diligently enforce
the board's agreements.
MR. OCHS : Yes, sir.
COMMISSIONER HENNING: And we didn't say that to the
medical director. The statute doesn't say that, and we didn't even say
this in the agreement. So, you know, emotions are running high.
MR. CANNON: Very.
COMMISSIONER HENNING: And, you know, I don't make
decisions on emotions. So if you consider we still have an agreement,
I guess we still have an agreement. So that's all I have.
CHAIRMAN FIALA: I don't know where to go from here, but
I'm sure at the end of this meeting -- and everybody's anxious to move
on. We're not going to just settle anything now, but I think we should
somehow bring this back and make sure that we're doing something,
moving forward or moving backward or something.
COMMISSIONER HENNING: Well, Commissioner Fiala, we
were petitioned by the chairman of the East Naples Fire District to
have a workshop to renegotiate or change the interlocal agreement.
We all agreed to that. I don't know if anything has really changed.
CHAIRMAN FIALA: No, I don't think it has.
COMMISSIONER HENNING: We haven't said anything --
anything different than that, so --
MR. CANNON: Then I will get my paperwork in.
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CHAIRMAN FIALA: Okay, good. We've got that on the
record. Thank you.
MR. CANNON: Have a good day.
CHAIRMAN FIALA: Thank you for being here.
MR. CANNON: You just think of it this way, I now have to go
to another four-hour meeting, so you guys enjoy.
COMMISSIONER HENNING: Well, let's vote on excusing
Tom Cannon from going to this meeting, this four-hour meeting.
COMMISSIONER COLETTA: Yeah, I second that.
MR. CANNON: All right.
COMMISSIONER COYLE: Yeah. So he can stay here.
CHAIRMAN FIALA: Yeah.
COMMISSIONER COLETTA: We'll be here another four
hours.
CHAIRMAN FIALA: Go ahead. Did you have anything else?
COMMISSIONER HENNING: No, that's it.
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. I really just got
one item. One of the greatest parts of these meetings are public
presentations and the public input that we get.
Have you watched what takes place up there at the podium with
our colored lights and the buzzer and everything?
CHAIRMAN FIALA: Yeah.
COMMISSIONER COLETTA: It's less than user friendly.
Maybe that's the reason why people aren't speaking. You get into it,
what is it, two minutes away and the buzzer goes off? People jump a
little bit. They lose their train of thought. I was wondering if we
might be able to go back to something a little bit softer that wouldn't
be so aggressive.
CHAIRMAN FIALA: Doesn't it say up there?
MS. FILSON: We don't have to have -- we don't have to have
the two -- the one-minute warning. I can turn that off, sir.
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COMMISSIONER COLETTA: Well, it sounds like a small
thing, but I've seen a lot of people act startled when that one light goes
off and it makes a noise.
MS. FILSON: Okay. I'll turn that off.
CHAIRMAN FIALA: Yeah, but then -- but usually they say,
okay, I've just got a minute left and then they know to speed it up or to
get to the point in case they're straying. I kind of like it, to be honest
with you.
COMMISSIONER COLETTA: Well, is it possible for it to just
flash rather than to buzz?
MS. FILSON: Yes; yes, sir.
COMMISSIONER COLETTA: Could we do that?
CHAIRMAN FIALA: Sure.
COMMISSIONER COLETTA: I know it's a small thing --
CHAIRMAN FIALA: Yes.
COMMISSIONER COLETTA: -- but I watch people --
CHAIRMAN FIALA: If that will make you happy.
COMMISSIONER COLETTA: -- get startled up there. I think it
would make them happy.
CHAIRMAN FIALA: Okay.
MS. FILSON: Well, I guess we need three heads. I have one
this way and one this way.
COMMISSIONER COYLE: It's a small thing and I'll say no.
MS. FILSON: So I have two nos.
COMMISSIONER HALAS: No.
COMMISSIONER COYLE: You've got three nos.
CHAIRMAN FIALA: Yep, okay.
MS. FILSON: Okay, sorry.
CHAIRMAN FIALA: Commissioner Coyle, anything?
COMMISSIONER COYLE: No, I have nothing, thank you.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yes, I got two things. One is, I'm
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wondering the direction that we as a board if -- the direction we're
going in regards to items that go before the Code Enforcement Board
and then end up here and then we seem to circumvent enforcement. I
hope that we haven't set a precedence today whereby people who get
cited forego going through the Code Enforcement Board and end up
coming here for forgiveness in front of the Board of County
Commissioners. That's my one concern. But we'll see how it works
out.
I think we're going to end up getting a rash of these petitions
when people don't follow our rules and regulations. And I think when
those people make false statements about, they didn't know this or
didn't know that and then come here for -- hopefully that will address
the concerns and let them circumvent what was brought before the
Code Enforcement Board because they do all the research.
The other thing that bothers me is that there sometimes, one
particular case, a citizen in my district has been after staff to come up
with a letter that supposedly is missing, and staff can't find a letter or
the associated documentation that goes with that letter, and this has
been an ongoing thing.
Staff then has gone to the attorney's office, and for some reason
the attorneys lost this letter and the associated documentation that's
been asked for by a citizen. And I would hope that some way or
another that staff would realize that they shouldn't just have one copy.
There should be another copy made and the original should be put
someplace so that it doesn't get lost and that the copy that is available
for the public to look at over the course of time -- and then when it
gets -- then when the request comes in to have this particular
document to resurface again, and all of a sudden everybody's lost track
of this document. I -- it doesn't leave a very good taste in my mouth.
CHAIRMAN FIALA: Wow. Okay. Yes?
COMMISSIONER COYLE: Could I just add something to that?
CHAIRMAN FIALA: Sure.
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COMMISSIONER COYLE: This is more than the fact that
somebody might have lost something. If the letter exists, it, in my
estimation, is impossible for it to have been lost by the person who
wrote it, which was an outside firm, and the members of government
who received it, the County Attorney's Office who, no doubt,
reviewed it. It seems to me that it is impossible that it could have been
lost in all of those places.
So the first thing to do, I think, is to substantiate beyond a
reasonable doubt that the letter did exist. I think there's evidence to
suggest it did exist. And at that point in time, I think there should be a
very thorough search, because if it's missing from that many different
places, there's something seriously wrong, okay. And so I think we
need to, if necessary, launch an appropriate investigation into that --
the existence of that letter.
CHAIRMAN FIALA: I agree. Sounds like some subterfuge
going on there.
COMMISSIONER HALAS: Well, I don't know. It just -- it
seems funny that a law firm, who will remain nameless, has -- doesn't
have a copy of this letter, they know that it existed but they can't find
it, and then our staff can't find the particular letter. So I have some -- I
have concerns -- and the documentation that supposedly went with
that letter, okay.
CHAIRMAN FIALA: Okay. Thank you.
COMMISSIONER HENNING: I feel like a mushroom.
CHAIRMAN FIALA: Yeah, I am, too, but we have to support
him. Mushroom.
Okay. Thank you. That's everything from my other fellow
commissioners? I have two things.
COMMISSIONER COYLE: I'd like to reserve time to rebut
what you're going to say.
CHAIRMAN FIALA: Okay, you can.
The first thing -- and you've got your time right after I'm finished
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-- and that's tomorrow is -- tomorrow we will celebrate Veterans Day,
and there's a major celebration sponsored by -- or presented by the
Collier County Veterans Council at Cambier Park tomorrow. It starts
at 10:15 a.m., and they've got schools playing and there's an entire
wonderful presentation during the day, letters and Taps and so forth,
and I would encourage anybody out there if they can to come by
Cambier Park and at least participate in some, if not all, of this
memorial to our veterans.
COMMISSIONER HALAS: Tell them to bring an umbrella, too.
CHAIRMAN FIALA: Oh, I hope we have some rain.
COMMISSIONER HALAS: Sixty percent chance.
CHAIRMAN FIALA: We've been having -- we've had 20
percent, 30 percent, 50 percent, and we've never seen it.
COMMISSIONER COYLE: You want to rain out Armistice
Day?
COMMISSIONER HALAS: No, I'm just saying that -- bring a --
just be prepared, a Boy Scout motto.
CHAIRMAN FIALA: And so it starts at 10:15. And they even
have another, the US show -- USO show is at the Naples Depot from
noon to two. So do try and stop by some of these. I think it will be
wonderful.
Second thing I wanted to talk to you about is the Marco Island
Historical Society. And we all know that a few years ago -- just so the
audience understands. A few years ago the County Commission said,
yes, we'll give you some land by the Marco Island Library -- we have
some extra land there -- for you to build a museum, but you've got to
-- you've got to earn the money yourself. You've got to gather the
money together. And then we said, if you can do that, we'll find the
resources -- and we were flush at this time. Life was a lot better for
us.
We said, we'll find resources to open the museum for you as well
as put the display cases in and so forth. Well, we didn't -- it took them
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a few years, they worked really hard. But they got the money. We
didn't even realize they would come up with the money. But about the
time they were getting the money in, our money was going out.
And 10 and behold, by the time they had enough money to start
building their museum, we had no money to buy the display cases; so
we applied for a grant, one-and-a-half-million-dollar grant, but we
were unsuccessful. We did not get that grant. And we don't have any
money in our pockets to buy what we had signed in the contract for.
So we've been putting our heads together, and I met with Leo.
And I said, you know, we've got a lot of construction projects around
the county that have come in under budget. Maybe if we have -- as
we're opening this side thing on the building here, maybe we have a
little bit of money here and a little bit of money there. If we could put
that all together in one pot, maybe we'd have enough money to at least
get them started. We don't have enough money to buy all, but at least
if we can get them open -- they're going to be opening in the next
couple months.
Would that be acceptable? And Leo searched around and found
pots of -- little pots, very small pots of money here and there, but
they're in all different kinds of categories so they would have to all be
brought back to us to take from those little categories, put into one
fund so we can buy these displays, and he found about $440,000, so--
COMMISSIONER COYLE: Little bits of money.
CHAIRMAN FIALA: Yeah, but -- so we're pretty lucky. We
made -- we saved a lot of money in a lot of our construction projects.
So that's what I'm -- I'm talking to you about and I'm going to ask if
Leo could bring this back to us and -- for your consideration, to try
and help us fulfill our project.
And Leo, would you like to comment on that? Maybe I didn't say
it all right.
MR. OCHS: No, that was fine, ma'am. We went back at the
commissioner's request, and I'll just show this to you real briefly.
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The money is a lot of money, and it came primarily from two
capital projects. The new security entranceway to this building, we
got a very favorable bid because prices are down, so there was some
money left there. And then several years ago there was some money
in a capital project fund to build some public gardens around the ago
center, and that money is not going to be spent. It was still in that
capital project budget. That would be available if the board wanted to
go in that direction. And the rest of these are savings from small
capital projects in your park system over the year.
So those are the sources of funds. As the commissioner said,
we'd have to come back with a budget amendment if the board was so
inclined to move these funds into a museum capital budget
appropriation to spend any of that money.
CHAIRMAN FIALA: To actually meet our obligation, right?
MR. OCHS: Yes, sir. We were -- through the grant, this
commissioner said, we were trying to get about a half a million dollars
each over three years to complete all of the dioramas and the exhibits
that go along with that -- with that new museum.
CHAIRMAN FIALA: And we -- didn't we have a contract or
something that said that we would be supplying these?
MR. OCHS: Yes. It didn't have a dollar amount attached to it,
Commissioner.
CHAIRMAN FIALA: Right.
MR. OCHS: It just said that we would assume -- once they
raised the private donations and built the facility, we would assume it
as a branch of your museum system and we would operate it and equip
it with exhibits and displays over time.
CHAIRMAN FIALA: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Didn't we give community
development this money as a loan?
MR. OCHS: Yes, sir. We loaned community development about
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November 10,2009
$1.4 million last year.
COMMISSIONER HENNING: Of this money?
MR. OCHS: Most of that money came out of306, which are
these small amounts that you're seeing here, yes, Commissioner.
Marla's got some information on that.
MS. RAMSEY: The money that we used for CDES actually
came -- some of it came out of the Florida Community Trust Fund for
the Gordon River Greenway, and a large portion, excuse me, came
from the Bayview land purchases after we had gone through the
process that we weren't going to rezone and use the land. So a little
over a million-one came from those two pots.
COMMISSIONER HENNING: Okay. But it wasn't this money?
MS. RAMSEY: It wasn't this specific money, no. This is--
COMMISSIONER HENNING: That answers my question.
MS. RAMSEY: -- these are little bits of it.
MR. OCHS: I'm sorry. I misspoke.
COMMISSIONER HENNING: It was just a simple answer.
MR. OCHS: Yep.
COMMISSIONER HENNING: You could have said, no, you're
wrong. You're wrong.
CHAIRMAN FIALA: So if it's --
COMMISSIONER HENNING: The other thing I have is, I
mean, the agreement's clear, it's when funds are available. So is this
funds that are available, or is there other pressing things out there that
we need to use these funds?
MR.OCHS: These funds would go back -- my recommendation
would be if you don't want to appropriate them, they would go back
into your reserves, which are relatively low compared to reserves in
past years because of your two-and-a-halfpercent reserve policy.
COMMISSIONER HENNING: But use reserves for
emergencies.
MR. OCHS : Yes, sir.
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November 10, 2009
COMMISSIONER HENNING: And, you know, I need some
kind of guidance from our staff is, are these the best funds for
fulfilling those contractual commitments when funds are available, or
should we save these funds in case of an emergency, like a hurricane
or something like that?
So I'm okay with bringing it back as long as you answer that
question. And I guess if it's on the agenda, you've answered the
question, if it's on a future agenda, to allocate these to the museum.
MR. OCHS: Right.
COMMISSIONER HENNING: Then I guess I would support
that.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. I guess my question is, is
do we know yet where we're going to be next year? I know we're
talking possibly another 22 percent devaluation over two years. At
least that was the early prediction which mayor may not be true.
If we get into the situation where we have another devaluation
out there, are parks and recs. going to be in danger or our libraries?
MR. OCHS: Anyone that's funded with ad valorem dollars is in
danger of, you know, having budget reductions next year if the
assessed values go down again anywhere close to what they did in the
current fiscal year, yes, sir. I mean, I'm not telling you this is the
highest and best use of these funds. I was asked to, you know, try to
identify some funds that are --
COMMISSIONER COLETTA: I understand.
MR. OCHS: -- available in different projects that aren't being
used right now.
COMMISSIONER COLETTA: But two questions, if I could.
The agricultural center, $150,000 for these gardens, what went so
terribly wrong that those gardens aren't being put in?
MR. OCHS: Ms. Ramsey's going to address that.
COMMISSIONER COLETTA: I mean, it's so bleak out there it's
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November 10,2009
unreal.
MS. RAMSEY: Again, for the record, Marla Ramsey, public
services utilities administrator.
Actually, this was funding that was going to be used for an
interpretative center, an actual, like a gazebo area out at the Extension.
And the prices when we first did it, that came in too high and we
didn't have enough funds to do it, and so the funds have been sitting
for probably two years, I would believe, maybe three years now, as
they've been thinking that as times got better they could add some
more to it, but it just hasn't happened, so that's why you see it coming
back off.
It was for a small gazebo interpretative center, similar to what
you see at Barefoot Beach Preserve where they have their lectures and
stuff.
COMMISSIONER COLETTA: What about this Panther Park
Playground. What's that, money left over from what they put up?
MS. RAMSEY: Yeah. All of the smaller stuff that's up there,
like at Poinciana, we actually -- instead of replacing it, we did some
repair and replace. And so instead of taking out the entire playground,
we brought in new pieces to add to the existing playground, and so
there's some cost savings associated with that, and that's what you're
seeing of the smaller dollar amounts, cost savings on projects that we
had last year.
COMMISSIONER COLETTA: Well, the Golden Gate
Community Park new dugouts, $30,000. That's what was left over
after they got through with it?
MS. RAMSEY: Well, actually, we did them in-house with one
of my construction staff people, and we also got some hurricane
dollars -- insurance dollars and stuff back up against that fund, so.
COMMISSIONER COLETTA: The biggest number, 231,000
for security building? That's not mine.
MR. OCHS: That's the project that's going on in the front of
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November 10, 2009
Building F right now to have the new entrance to the building.
Facilities got a very competitive bid, so the money that they had in
their project budget is more than they will need to finish that project.
COMMISSIONER COLETTA: Okay, yeah. By all means,
bring it back. But, you know, please, let those different other entities
know -- I mean, excuse me, the agricultural center, let the people
know there --
MS. RAMSEY: They do.
COMMISSIONER COLETTA: -- that that's gone away.
MS. RAMSEY: Yes.
COMMISSIONER COLETTA: Maybe they want to ask--
someone of their support groups may have some comments to make
on it, I don't know.
MR. OCHS: Very good.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: You know, it seems like such a
very short time ago that some of us on this board were fighting to find
money that could be cut from the budget so we won't have to increase
ad valorem property taxes, and we were told there just isn't any more
money left. And now in just a few days we find a half million dollars?
Wow, that's really good.
Now, as we go into the next budget cycle, I don't want to hear
somebody telling me that they can't find money to cut from the
budget, because I'll tell you right now, as we go through the year,
we're going to find more of this. And as you said, some of this stuff
has been lying out there for a couple of years. Where was it when we
were debating the budget and we were telling people how really bad
things were and we are having to struggle for survival and we were
going to have to layoff staff? And we've got almost a half million
dollars that just popped up in the last couple of days?
I am disappointed, quite frankly. Now, I do believe we should do
what we can to meet our requirement with the museum in Marco, but
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November 10,2009
the question has to remain, what is the highest priority use for this
money? Is it that project or is it another project or should it be split up
among several projects?
Would it hurt to delay the museum just a little bit and use the
money for some other things? I think we've got to evaluate all those
things, you know. I don't like going back on my agreements, but I
remember two things happening. One, just at maybe our last meeting
when we were talking about funds for the museum, and Commissioner
Fiala was assured that we're okay with funding on the museum, it's
there, and we're going to be able to meet our commitment for the
museum.
Now, that wasn't this money, I don't believe. So -- and the other
thing is that we need to make sure that if we've got more money lying
around here somewhere, we need to identify it and make sure we have
a priority list of things to use the money for, because this sort of thing
undermines our credibility with the public so severely that we will not
be able to convince them this next budget cycle that we're really
cutting the expenses in government.
So this is very, very disappointing to me, particularly after
arguing that we can find more money to cut and being told almost
unanimously that it's impossible.
CHAIRMAN FIALA: Commissioner Coyle, were you -- when
you said we -- it was said that they were covering the expenses from
the museum, did you mean the Marco Island Historical people that
were here?
COMMISSIONER COYLE: Yes, Marco, yeah.
CHAIRMAN FIALA: Yeah, they were -- they had gotten
enough money now to build all three buildings. They're building three
buildings.
COMMISSIONER COYLE: Oh, no, no. The staff said -- you
asked the staff, do we have enough money to meet our commitments
for the Marco Island Museum display cases.
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November 10, 2009
CHAIRMAN FIALA: Oh, they've never had that.
COMMISSIONER COYLE: And that -- we'll look at the
minutes, but I swear that the answer was, yes, we're covered, we're
okay.
MS. RAMSEY: I can clarify, and it depends on the level of the
displays that you want in the facility. And staffhas had numerous
conversations with the $100,000 grant that we were able to get from
TDC that we could open that facility with a lesser display of things
that we already have in our system, and we are continuing to work that
way.
The volunteers at the Marco Island Museum feel that we -- that
more money should have been allocated directly toward them, and
they've come and asked us to try and find something, that's what you
have here in front of you. We could get by. It would not be as nice,
and it's not necessarily what they've envisioned.
COMMISSIONER COYLE: But it is sufficient for the displays
that they have available now --
MS. RAMSEY: What we would envision--
COMMISSIONER COYLE: -- is that true?
MS. RAMSEY: -- is that they would take all of their current
displays from wherever they are and they would bring them into the
building. We would take things that we have in our system that's in
storage, we would put them into the building. It doesn't have the
whole wow issue when you open up a new facility. It wouldn't be a
wow. It would be a lot of what you see on poster boards or displays
like that.
COMMISSIONER COYLE: Well, you see, the thing that
bothers me is, I don't know how much people are asking for over and
above the basic displays.
CHAIRMAN FIALA: Or even what the basic displays are. I
don't know what that means.
COMMISSIONER COYLE: That's right, you see. But you were
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November 10,2009
promised that we had enough for those basic displays to get them
open, so I remember that comment being made. And so now I'm
surprised that here's a half million dollars that's popping up, and we're
thinking about using that for what? I don't know. How much wow do
you want a day or two after opening? And are we saying that they
want the entire $440,000?
CHAIRMAN FIALA: Yes.
COMMISSIONER COYLE: Or would another $100,000 do the
job?
CHAIRMAN FIALA: Can we bring this back so we can discuss
this so that --
MS. RAMSEY: And I would mention that they've been working
with staff to try and come together with what the vision is for the
inside of the facility at the end of the whole thing, which they have put
into a grant, at one point in time, would cost somewhere around 1.5
million to do the displays inside. That is the major plan. And how we
get there, how you dice up that 1.5 million is the question, I think,
that's at hand.
COMMISSIONER COYLE: Wow.
COMMISSIONER HENNING: Yeah.
COMMISSIONER COYLE: Wow. Okay.
CHAIRMAN FIALA: Will they have offices in there for our
people as well? I know they're building offices.
MS. RAMSEY: There are office -- the three buildings that are
there, one is an office building, one is the museum itself, one is a __
like a theater area. And so there's three different buildings that we're
looking at on that site at the moment, and there are office spaces in the
office building. And we've been trying to garner surplus equipment to
bring into that facility as it comes available.
CHAIRMAN FIALA: And this is -- and one of the things that
I've been trying to do to save costs in this museum is if we hired one
person, that's all, to just be a facilitator for volunteers, then it could be
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November 10, 2009
staffed entirely by volunteers. And I know that that isn't a popular
thing, but on weekends, on evenings, every time, the one person
would coordinate the volunteer staff, and as well as for Everglades
City, because they would love to do that as well.
And I know that that's not real, real, real popular with volunteer
labor, but they say that they can do it, and that will certainly save us a
lot of money over the next few years. So that's something -- I
mentioned this to you all before, operating just by volunteer staff and
one coordinator.
But anyway, we can bring it back. Is that -- will that be all right
with you, for discussion?
COMMISSIONER COLETTA: Yep.
COMMISSIONER COYLE: Yep.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: Motion to adjourn.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. Motion to adjourn and second.
All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Thanks. We are adjourned.
*****
Item #16Al
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
Page 230
November 10, 2009
FACILITIES FOR MEDITERRA PARCEL 117 - W /RELEASE
OF ANY UTILITIES PERFORMANCE SECURITY (UPS)
Item #16A2
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR TREVISO BAY CLUBHOUSE - W/RELEASE
OF ANY UTILITIES PERFORMANCE SECURITY (UPS)
Item #16A3
RESOLUTION 2009-259: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF MEDITERRA PARCEL 125 REPLAT,
WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS
BEING PRIV ATEL Y MAINTAINED - W/RELEASE OF THE
MAINTENANCE SECURITY
Item #16A4
ACCEPTANCE OF AN ALTERNATE SECURITY FROM THE
OWNER OF REGAL ACRES AND TO ENTER INTO A NEW
CONSTRUCTION, MAINTENANCE AND ESCROW
AGREEMENT FOR SUBDIVISION IMPROVEMENTS WITH
THE DEVELOPER - FOR A REVISED AGREEMENT WITH
HABITAT FOR HUMANITY
Item # l6A5
RECORDING THE FINAL PLAT OF NEIGHBORHOOD
SHOPPES AT ORANGE TREE - W/STIPULATIONS
Page 231
November 10, 2009
Item # 16A6
RESOLUTION 2009-260: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF MEDITERRA PARCEL 107, WITH
THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING
PRIV ATEL Y MAINTAINED - W/RELEASE OF THE
MAINTENANCE SECURITY
Item #16A7
RESOLUTION 2009-261: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF MEDITERRA PARCEL 108, WITH
THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING
PRIV ATEL Y MAINTAINED - W/RELEASE OF THE
MAINTENANCE SECURITY
Item # 16A8
RESOLUTION 2009-262: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF MEDITERRA PARCEL 109, WITH
THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING
PRIV ATEL Y MAINTAINED - W/RELEASE OF THE
MAINTENANCE SECURITY
Item # 16A9
SETTLEMENT PROVIDING FOR PARTIAL RELEASE OF ONE
LIEN AND ONE ORDER IN THE CODE ENFORCEMENT
ACTIONS ENTITLED COLLIER COUNTY V. THOMAS AND
Page 232
November 10,2009
MARIAN BAKER, CEB CASE NOS. 2003-26 AND 2006-62, FOR
A PAYMENT OF $8,458, AND TO RELEASE THE PROPERTY
KNOWN AS 2759 LAKEVIEW DRIVE, LOCATED WITHIN
COLLIER COUNTY (PARCEL ID NO. 48173480001) - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16AI0
RESOLUTION 2009-263: IMPOSING A LIEN IN RELATION TO
CODE ENFORCMENT ACTION ENTITLED RUBEN ROMERO,
CEB CASE NO. CEPM20080007069, FOR PROPERTY AT 2183
41 ST ST. SW, NAPLES, FLORIDA - IN ACCORDANCE WITH
ORDINANCE NO. 04-58, AS AMENDED, ABATEMENT COSTS
OF $7, 678.16 HAVE BEEN PAID BY COLLIER COUNTY FOR
THE CONTRACTED DEMOLITION OF A HAZARDOUS
BUILDING (PARCEL ID NO. 35780960008)
Item #16Bl
AWARD BID #09-5274 "IMMOKALEE ROAD (1-75 TO CR 951),
IMMOKALEE ROAD (CR 951 TO 43RD) AND CR 951 (US 41
EAST TO DAVIS BLVD) LANDSCAPE MAINTENANCE" FOR
MOWING WITHIN THE RIGHT-OF-WAY TO COMMERCIAL
LAND MAINTENANCE AND CARIBBEAN LAWN & GARDEN
IN THE ESTIMATED ANNUAL EXPENDITURE OF $273,360.00
- ONE YEAR CONTRACT WITH UP TO THREE (3), ONE (1)
YEAR RENEWALS FOR APPROXIMATELY 19.5 MILES OF
MOWING
Item # 16B2
RESOLUTION 2009-264: MEMORIALIZING A MEMORANDUM
Page 233
November 10,2009
OF AGREEMENT WITH FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) TO INCLUDE AND COMPLETE
THE FDOT RESURFACING PROJECT OF SR951 WITH THE
COUNTY'S US-41 AND SR/CR-951 INTERSECTION PROJECT-
TO INCLUDE FDOT ENTERING INTO A JOINT PROJECT
AGREEMENT WITH COLLIER COUNTY AFTER mL Y 1,2012,
REIMBURSING THE COUNTY FOR RESURFACING COSTS UP
TO A MAXIMUM AMOUNT OF $7,625,576.00
Item #16B3
UNDERGROUND FACILITIES CONVERSION AGREEMENT
(UFCA) AND AUTHORIZE PAYMENT TO FLORIDA POWER &
LIGHT COMPANY IN THE AMOUNT OF $23,242.00 REQUIRED
UNDER THE UFCA FOR THE CONVERSION OF CERTAIN
OVERHEAD ELECTRIC DISTRIBUTION FACILITIES ON
CHANNEL DRIVE WITHIN THE V ANDERBIL T BEACH MSTU
FOR UNDERGROUND DISTRIBUTION - OFFERING COST
SAVINGS FOR THE MSTU FOR POLE CONVERSION ON FOUR
PROPERTIES ORIGINALLY IDENTIFIED AS THE "CHANNEL
DRIVE PROJECT"
Item # 16B4
RESOLUTION 2009-265: MEMORIALIZING A MEMORANDUM
OF AGREEMENT BETWEEN FLORIDA'S DEPARTMENT OF
AGRICUL TURE AND CONSUMER SERVICES, DIVISION OF
FORESTRY AND THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS PERTAINING TO THE
COORDINATION AND PROVISION OF MAINTENANCE
RESPONSIBILITIES FOR THE SABAL PALM ROAD
EXTENSION THROUGH THE SABAL PALM ROAD
Page 234
November 10, 2009
EXTENSION MUNICIPAL SERVICES TAXING UNIT (MSTU)-
INCLUDES THE MSTU PURCHASE OF LIME-ROCK FOR
ROADWAY IMPROVEMENTS UTILIZING STATE PERSONNEL
AND EQUIPMENT
Item #16Cl
ADVERTISE AND BRING BACK FOR THE BOARD'S
CONSIDERATION AN ORDINANCE AMENDING COLLIER
COUNTY'S CONSOLIDATED IMPACT FEE ORDINANCE,
NO. 2001-13, AS AMENDED, TO INCORPORATE A PROVISION
CLARIFYING THE IMPOSITION OF WATER AND SEWER
IMPACT FEES ON GEOGRAPHIC AREAS WITHIN THE
COLLIER COUNTY WATER-SEWER DISTRICT UNTIL SUCH
A TIME WHEN CONNECTION TO THE REGIONAL WATER
AND/OR SEWER SYSTEM IS ANTICIPATED WITHIN A TEN-
YEAR PERIOD AS IDENTIFIED BY THE MOST CURRENT
PUBLIC UTILITIES WATER AND W ASTEW A TER MASTER
PLAN UPDATES AND THE ANNUAL UPDATE AND
INVENTORY REPORT
Item #16Dl
DOMESTIC ANIMAL SERVICES SUPPORT FOR LOCAL
ENTITIES OFFERING LOW-COST SOLUTIONS TO ANIMAL-
RELATED ISSUES IN COLLIER COUNTY - AS DETAILED IN
THE EXECUTIVE SUMMARY
Item # 16D2
RESOLUTION 2009-266: ESTABLISHING THE COLLIER
COUNTY DOMESTIC ANIMAL SERVICES FEE POLICY AS OF
Page 235
November 10,2009
DECEMBER 1, 2009, SUPERSEDING RESOLUTIONS 95-107,
95-106,93-404,2008-251 AND ALL OTHER RESOLUTIONS
ESTABLISHING ANIMAL SERVICES-RELATED FEES - AS
DETAILED IN THE EXECUTIVE SUMAMRY
Item #16D3
EIGHT (8) LIEN AGREEMENTS FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED
AFFORDABLE HOUSING DWELLING UNITS LOCATED IN
COLLIER COUNTY - TRANSFERRING DEFERRALS OF
$141,913.28 FROM BUILDER TO OWNER FOR LOT NUMBERS:
TRAIL RIDGE LOT 80, $22,325.96; TRAIL RIDGE LOT 75,
$22,325.96; TRAIL RIDGE LOT 82, $22,325.96; LIBERTY
LANDING LOT 62, $14,987.08; LIBERTY LANDING LOT 61,
$14,987.08; LIBERTY LANDING LOT 59, $14,987.08; LIBERTY
LANDING LOT 128, $14,987.08; LIBERTY LANDING LOT 127,
$14,987.08
Item #16D4
CHAIRMAN TO SIGN CERTIFICATIONS REQUIRED BY THE
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND
FAMILIES (DCF) CHALLENGE GRANT IN ORDER TO BE
ELIGIBLE FOR 2010 CHALLENGE GRANT FUNDING-
PENDING STATE RECEIPT OF SIGNED CERTIFICATIONS
AND DOCUMENTATION AN AWARD OF $96,000 WILL BE
USED TO PROVIDE ASSISTANCE TO THE COUNTY'S
HOMELESS POPULATION THROUGH THE NON-PROFITS:
ST. MATTHEW'S HOUSE, THE SHELTER FOR ABUSED
WOMEN AND CHILDREN, THE NATIONAL ALLIANCE ON
MENTAL ILLNESS, THE COLLIER COUNTY HUNGER AND
Page 236
November 10, 2009
HOMELESS COALITION AND YOUTH HAVEN, INC.
Item #16D5
BID #09-5311 TO PEPSI COLA BOTTLING COMPANY OF
NAPLES, FLORIDA FOR BEVERAGE PRODUCTS,
EQUIPMENT & SERVICE - BEVERAGE SALES AT COUNTY
PARK & REC CONCESSION STANDS & VENDING MACHINES
Item # 16D6
FY 2009-10 AGREEMENT WITH THE DAVID LAWRENCE
MENTAL HEALTH CENTER, INC. IN THE AMOUNT OF
$1,034,195 - LOCATED AT 6075 BATHEY LANE FOR THE
PERIOD OCTOBER 1,2009 THROUGH SEPTEMBER 30,2010
Item # 16D7
AN AGREEMENT WITH PHYSICIANS REGIONAL MEDICAL
CENTER FOR PARTICIPATION IN THE LOW INCOME POOL
(LIP) PROGRAM FOR SERVICES PROVIDED ON BEHALF OF
THE HOUSING AND HUMAN SERVICES DEPARTMENT,
DEPARTMENT OF HEALTH AND THE DAVID LAWRENCE
MENTAL HEALTH CENTER TO GENERATE AN ADDITIONAL
$418,370 IN FEDERAL MATCHING FUNDS - AGREEMENT
PERIOD OCTOBER 1,2009 THROUGH SEPTEMBER 30,2010
WITH TWO (2) ANNUAL RENEWALS
Item #16D8 - Moved to Item #lOD (Per Agenda Change Sheet)
Item #16El
Page 237
November 10, 2009
BID #09-5263, "OFFICE SUPPLIES COUNTY WIDE" TO
STAPLES CONTRACT AND COMMERCIAL, INC. IN THE
ESTIMATED ANNUAL AMOUNT OF $200,000 - FOR BID
PRICES APPROXIMA TEL Y 6 % LESS THAN THE NEXT
LOWEST OFFER; STAPLES EMPLOYS APPROXIMA TEL Y 300
RESIDENTS IN COLLIER AND LEE COUNTIES
Item # 16E2
SUBMIT A $20,000 FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION (FWC) GOPHER TORTOISE
HABIT A T MANAGEMENT ASSISTANCE REQUEST TO FUND
FIRE LINE INSTALLATION AT THE CONSERVATION
COLLIER RAILHEAD SCRUB PRESERVE - TO HELP
SUPPORT THE LOCAL GOPHER TORTOISE POPULATION BY
FACILITATING FUTURE FENCE INSTALLATION, EXOTIC
PLANT REMOVAL AND PRESCRIBED BURN ACTIVITIES
Item # 16E3
REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS
AND CHANGES TO WORK ORDERS TO BOARD-APPROVED
CONTRACTS - FOR THE PERIOD SEPTEMBER 24, 2009
THROUGH OCTOBER 21, 2009
Item #16E4
BID #09-5254 FOR GROUNDS MAINTENANCE OF COUNTY
GOVERNMENT FACILITIES TO HANNULA LANDSCAPING &
IRRIGATION, INC. FOR AN ESTIMATED ANNUAL AMOUNT
OF $400,000 - MAINTENANCE AND REPAIR OF LANDSCAPE
AND IRRIGATION SYSTEMS THROUGHOUT THE COUNTY
Page 238
November 10,2009
Item # 16E5
REJECT BID #09-5297, RENOVATION OF COURTHOUSE 1ST
AND 4TH FLOORS (BUILDING L) PROJECT #52004 - DUE TO
AVAILABILITY OF CAPITAL FUNDING THE RENOV A TION
WILL BE SEPARATED INTO THREE SMALLER PROJECTS
AND PURSUED ON A PRIORITIZED AS-NEEDED BASIS
Item # 16E6
BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR
CAPACITY AS TRUSTEE OF THE GAC LAND TRUST
COMMITTEE (BOARD), APPROVE AND EXECUTE AN
AGREEMENT TO PROVIDE THE COLLIER COUNTY PARKS
AND RECREATION DEPARTMENT AN AMOUNT NOT TO
EXCEED $7,200.00 FOR THE PURCHASE OF A SOUND
SYSTEM AND ASSOCIATED EQUIPMENT FOR USE AT THE
MAX HASSE COMMUNITY PARK - FOR YEAR ROUND PARK
EVENTS SERVING GOLDEN GATE ESTATES AND THE
SURROUNDING COMMUNITY
Item #16Fl
GRANT AGREEMENT NO. 2009CKWX0204 IN THE AMOUNT
OF $350,000 FROM THE UNITED STATES DEPARTMENT OF
mSTICE, OFFICE OF COMMUNITY ORIENTED POLICING
SERVICES (COPS) TECHNOLOGY PROGRAM FOR PUBLIC
SAFETY TECHNOLOGY EQUIPMENT AND APPROVE ALL
NECESSARY BUDGET AMENDMENTS - A THREE YEAR
GRANT THAT CONTINUES A 2007 LEGISLATIVE PRIORITY
PROJECT FOR PURCHASING COMPUTERS, TELEPHONE
Page 239
November 10,2009
DEVICES, SCANNERS, TOWER EQUIPMENT AND
INTERNET/INTRANET POWER SWITCHES FOR THE
EMERGENCY OPERATIONS CENTER
Item #16F2
AN AGREEMENT BETWEEN THE STATE OF FLORIDA,
DIVISION OF EMERGENCY MANAGEMENT AND COLLIER
COUNTY ACCEPTING $7,086 FOR THE PREPARATION OF
HAZARDS ANALYSIS REPORTS FOR FACILITIES STORING
EXTREMEL Y HAZARDOUS SUBSTANCES WITHIN COLLIER
COUNTY - VISITING AND REPORTING ON TWENTY-NINE
(29) SITES BY MARCH 1, 2010
Item #16F3
RECOGNIZE AND APPROPRIATE INSURANCE PROCEEDS IN
THE AMOUNT OF $20,952.50 AND TO AUTHORIZE THE
NECESSARY BUDGET AMENDMENT - COMPENSATION
RECEIVED FOR A SEPTEMBER, 2009 VEHICLE ACCIDENT
Item #16F4
RESOLUTION 2009-267: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2009-10
ADOPTED BUDGET
Item #16F5
PURCHASE OF THREE REPLACEMENT AMBULANCES IN AN
AMOUNT OF $555,000 FOR EMERGENCY MEDICAL
Page 240
November 10, 2009
SERVICES USING CARRYFORWARD FROM FY09 AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENT -
EXISTING FLEET LACKS SEVEN AMBULANCES,
EXPERIENCES FREQUENT BREAKDOWNS AND REQUIRES
CONTINUAL MAINTENANCE
Item #16Gl
TERTIARY STORMWATER SYSTEM IMPROVEMENT PLAN
FOR GATEWAY TRIANGLE RESIDENTIAL AREA AS
PRESENTED BY THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY; RECOGNIZING HOW THE
PLAN COMPLEMENTS THE COUNTY'S SECONDARY
SYSTEM PROJECT FOR THE GATEWAY TRIANGLE;
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO PROVIDE SUPPORT TO THE CRA WHERE NEEDED; AND
APPROVE CRA STAFF'S APPROACH TO EXECUTE THE
PLAN -AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16G2
LEASE WITH AUTO PRIDE COLLISION CENTERS, INC., A
FLORIDA CORPORATION PERMITTING THEM TO
CONTINUE OPERATION OF AN EXISTING BUSINESS ON
CRA OWNED PROPERTY LOCATED AT 1911 E. TAMIAMI
TRAIL IN THE GATEWAY MINI-TRIANGLE FOR AN ANNUAL
RENT OF $128,084.00 FOR THE FIRST YEAR AND $150,000.00
OR FIVE (5%) OF THE LESSEES GROSS SALES FOR EACH
SUCCESSIVE YEAR
Item #16G3
Page 241
November 10,2009
COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY (CRA) APPROVE THE APPLICATION AND
RECIPIENT AGREEMENT FOR THE IMMOKALEE CRA
COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM
FOR REIMBURSEMENT OF $10,789 FOR FACADE
IMPROVEMENTS TO LOZANO'S RESTAURANT LOCATED
AT 405 NEW MARKET ROAD IN IMMOKALEE, FLORIDA -
FOR DESIGN & INSTALLATION OF A NEW LIGHTED SIGN
Item # 16G4
BOARD OF COUNTY COMMISSIONERS APPROVE AND
AUTHORIZE THE AIRPORT AUTHORITY TO UTILIZE $83,850
FROM THE IMMOKALEE INFRASTRUCTURE FUND 497 TO
FRONT-FUND THE RECONSTRUCTION OF THE SHERIFF'S
DWELLING AND TIKI HUT DAMAGED BY HURRICANE
WILMA AT EVERGLADE'S AIRPARK, AND ASSOCIATED
BUDGET AMENDMENTS. THIS PROJECT IS ELIGIBLE FOR
REIMBURSEMENT FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA)
Item #16Hl
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
REGARDING ATTENDANCE AT A FUNCTION SERVING A
VALID PUBLIC PURPOSE. SHE ATTENDED THE KIWANIS
CLUB OF MARCO ISLAND OFFICER'S INST ALLA TION
DINNER ON NOVEMBER 6, 2009 AT BISTRO SOLEIL AT THE
OLD MARCO INN ON MARCO ISLAND, FL. $75.00 TO BE
PAID FROM COMMISSIONER FIALA'S TRA VEL BUDGET -
LOCATED AT 100 PALM ST., MARCO ISLAND
Page 242
November 10, 2009
Item #16H2
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
REGARDING ATTENDANCE AT A FUNCTION SERVING A
VALID PUBLIC PURPOSE. SHE WILL ATTEND IRON CHEF
MARCO ISLAND ON NOVEMBER 15,2009 AT BISTRO SOLEIL
ON MARCO ISLAND, FL. $85.00 TO BE PAID FROM
COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT
100 PALM ST., MARCO ISLAND
Item # 16H3
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
REGARDING ATTENDANCE AT A FUNCTION SERVING A
VALID PUBLIC PURPOSE. SHE ATTENDED THE CHRISTMAS
ISLAND STYLE JAZZ JAM SESSION ON NOVEMBER 1,2009
AT ERIN'S ISLE IN NAPLES, FL. $25.00 TO BE PAID FROM
COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT
6190 COLLIER BLVD., NAPLES
Item #16H4
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
REGARDING ATTENDANCE AT A FUNCTION SERVING A
VALID PUBLIC PURPOSE. SHE WILL ATTEND THE STATE
OF THE ARTS IN COLLIER COUNTY LUNCHEON ON
NOVEMBER 13,2009 AT HIDEAWAY BEACH CLUB ON
MARCO ISLAND, FL. $30.00 TO BE PAID FROM
COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT
250 S. BEACH DR., MARCO ISLAND
Item # 16H5
Page 243
November 10,2009
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
REGARDING ATTENDANCE AT A FUNCTION SERVING A
VALID PUBLIC PURPOSE. SHE WILL ATTEND THE JOLL Y
CRICKET GRAND OPENING BENEFITTING NAPLES ZOO ON
NOVEMBER 11, 2009 AT THE JOLLY CRICKET IN NAPLES,
FL. $25.00 TO BE PAID FROM COMMISSIONER FIALA'S
TRAVEL BUDGET - LOCATED AT 720 FIFTH AVENUE S.,
NAPLES
Item #16H6
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
REGARDING ATTENDANCE AT A FUNCTION SERVING A
VALID PUBLIC PURPOSE. SHE ATTENDED THE GULFSHORE
PLAYHOUSE RECEPTION AND SILENT AUCTION ON
NOVEMBER 8, 2009 AT NAPLES TOMATO IN NAPLES, FL.
$50.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL
BUDGET - LOCATED AT 14700 TAMIAMI TRAIL N., NAPLES
Item # 16H7
COMMISSIONER COLETTA'S REQUEST FOR
REIMBURSEMENT REGARDING ATTENDANCE AT A
FUNCTION SERVING A VALID PUBLIC PURPOSE. HE
ATTENDED THE EDC OCTOBER INVESTORS LUNCHEON ON
OCTOBER 6,2009 IN NAPLES, FL. $15.00 TO BE PAID FROM
COMMISSIONER COLETTA'S TRAVEL BUDGET - HELD IN
THE COMMUNITY ROOM AT THE NAPLES DAIL Y NEWS,
1200 IMMOKALEE ROAD, NAPLES
Item # 16H8
Page 244
November 10, 2009
COMMISSIONER COLETTA'S REQUEST FOR
REIMBURSEMENT REGARDING A TTENDANCE AT A
FUNCTION SERVING A VALID PUBLIC PURPOSE. HE
ATTENDED THE NAACP 27TH ANNUAL FREEDOM FUND
DINNER AND CENTENNIAL CELEBRATION ON OCTOBER 3,
2009 IN NAPLES, FL. $65.00 TO BE PAID FROM
COMMISSIONER COLETTA'S TRAVEL BUDGET - LOCATED
AT 1901 GULF SHORE BOULEVARD N., NAPLES
Item # 16H9
DONATION OF AN ENCLOSED TRAILER TO SAMUEL A.
CADREAU, INDIVIDUAL, MEMBER OF THE FREEDOM
MEMORIAL TASK FORCE - FOR TRANSPORTING T-SHIRTS,
INFORMATIONAL AND EDUCA TIONAL MATERIAL, THE
FREEDOM MEMORIAL MODEL, BANNERS, AND AN
ACTUAL 600 POUND PIECE OF STEEL FROM THE ORIGINAL
TWIN TOWERS
Item #16I1
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 245
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
November 10, 2009
I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
I)
2)
3)
4)
Affordable Housing Commission:
Minutes of August 31, 2009.
Board of Building Adiustments and Appeals:
Minutes of October 6, 2009.
Development Services Advisorv Committee:
Minutes of September 16,2009.
Environmental Advisorv Council:
Minutes of August 25, 2009; September 2,2009.
5) Golden Gate Communitv Center Advisorv Committee:
Agenda of October 5, 2009.
Minutes of August 31, 2009.
6) Land Acquisition Advisorv Committee:
Minutes of September 14,2009.
7) Pelican Bav Services Division Board:
Agenda of September 14, 2009 Special Session; October 7, 2009.
Minutes of September 14,2009 Special Session.
B. Other:
I) Code Enforcement Special Magistrate:
Minutes of September 18, 2009.
November 10, 2009
Item #1611
BOARD OF COUNTY COMMISSIONERS ENDORSE THE
UNITED STATES DEPARTMENT OF mSTICE AND UNITED
STATES DEPARTMENT OF TREASURY COMBINED
EQUITABLE SHARING AGREEMENT AND CERTIFICATION
THROUGH SEPTEMBER 2010, ALLOWING THE SHERIFF'S
OFFICE TO RECEIVE AN EQUITABLE SHARE OF NET
PROCEEDS OF A FEDERAL FORFEITURE RESULTING FROM
THE SHERIFF'S PARTICIPATION IN JOINT CRIMINAL
INVESTIGATIONS - FUNDS WILL BE USED TO SUPPLEMENT
LAW ENFORCEMENT ACTIVITIES
Item # 1612
DISBURSEMENTS FOR THE PERIOD OF OCTOBER 17,2009
THROUGH OCTOBER 23, 2009 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #1613
DISBURSEMENTS FOR THE PERIOD OF OCTOBER 24, 2009
THROUGH OCTOBER 30, 2009 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J4
THE TRANSFER OF TANGIBLE PERSONAL PROPERTY,
PURCHASED IN FY09 TO BENEFIT THE COLLIER COUNTY
SHERIFF, TO THE CUSTODY OF THE COLLIER COUNTY
SHERIFF - INCLUDES PURCHASE AND INST ALLA TION OF
FIXTURES, EQUIPMENT AND FURNITURE IN THE NEWL Y-
Page 246
November 10, 2009
CONSTRUCTED FLEET & OPERATION FACILITIES
Item #16J5
CAPITAL ASSET DISPOSITION RECORDS FOR TIME PERIOD
OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009 - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16J6
AN AGREEMENT AUTHORIZING THE COLLIER COUNTY
SHERIFF'S OFFICE TRAFFIC CONTROL JURISDICTION OVER
PRIVATE ROADS WITHIN THE SHORES AT BERKSHIRE
LAKES AND THE PRESERVE AT THE SHORES AT
BERKSHIRE LAKES SUBDIVISIONS
Item #16Kl
REPORT WITH RESPECT TO A RECENT ORDER DENYING
DEFENDANT, COLLIER COUNTY'S MOTION FOR
REHEARING AND/OR CLARIFICATION IN THE LAWSUIT
STYLED CRAIG GRIDER AND AMBER GRIDER V COLLIER
COUNTY, CASE NO. 08-7794-CA, AND THE INTENT OF THE
COUNTY ATTORNEY TO FILE AN APPEAL OF THIS ORDER
TO THE FLORIDA SECOND DISTRICT COURT OF APPEAL,
ABSENT FURTHER BOARD DIRECTION - ANY APPEAL
MUST BE FILED BY NOVEMBER 23, 2009
Item #16K2 - Moved to Item #12B (Per Agenda Change Sheet)
Item #17A
Page 247
November 10, 2009
RESOLUTION 2009-268: DESIGNATING THE ADOPTED
T AMIAMI PROFESSIONAL CENTER PLANNED UNIT
DEVELOPMENT (PUD) AS CLOSED-OUT
Item #17B
ORDINANCE 2009-58: AMENDING ORDINANCE NO. 92-60, AS
AMENDED, THE COLLIER COUNTY TOURIST
DEVELOPMENT TAX ORDINANCE, IN ORDER TO: (1)
REALLOCATE $500,000 OF THE ANNUAL FUNDS SET ASIDE
FOR CATASTROPHE RESERVES FOR TOURISM
DESTINATION MARKETING FOR A PERIOD OF ONE YEAR;
AND (2) TO REALLOCATE $500,000 OF THE $2,000,000 PER
YEAR SET ASIDE FOR MAJOR BEACH RENOURISHMENT
RESERVES FOR TOURISM DESTINATION MARKETING FOR
A PERIOD OF ONE YEAR
Item #17C - Moved to Item #8B (Per Agenda Change Sheet)
Item # 17D
RESOLUTION 2009-269/D.O 2009-01: SE-PL2009-1026,
CORRECTING A SCRIVENER'S ERROR IN RESOLUTION
NUMBER 07-99 (DEVELOPMENT ORDER 07-02), FOR THE
HALSTATT/GREY OAKS DEVELOPMENT OF REGIONAL
IMPACT, TO CORRECT PARAGRAPH 4 ON PAGE 3 THAT
READS "BIANNUALL Y" (TWICE A YEAR) INSTEAD OF
"BIENNIALLY" (ONCE EVERY TWO YEARS), AND INSERT
PROPER DATES ON THE BLANK SPACES LEFT FOR THOSE
DATES. SUBJECT PROPERTY IS LOCATED IN THE
NORTHEAST, SOUTHEAST, AND NORTHWEST QUADRANTS
OF AIRPORT-PULLING ROAD AND GOLDEN GATE
Page 248
November 10,2009
PARKWAY, IN SECTIONS 24, 25 AND 26, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY AND THE CITY
OF NAPLES, FLORIDA
Item #17E
ORDINANCE 2009-59: ADOPTING THE FLORIDA BUILDING
CODE 2007 EDITION, AND PURSUANT TO THE AUTHORITY
GRANTED BY SECTION 553.80(3), FLORIDA STATUTES,
ADDING CERTAIN EXEMPTIONS TO PERMITTING
REQUIREMENTS PURSUANT TO SECTION 105.2 OF THE 2007
FLORIDA BUILDING CODE RELATING TO ADDITION,
AL TERA TIONS, OR REPAIRS (INCLUDING WATER
HEATERS) PERFORMED BY A PROPERTY OWNER ON HIS
OR HER PROPERTY, AND PROVIDING FOR REPEAL OF
ORDINANCE NO. 2002-01 IN ITS ENTIRETY
Item #17F
RESOLUTION 2009-270: 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
PETITION CU-2008-AR-13786: UNITY FAITH MISSIONARY
BAPTIST CHURCH, INC. REPRESENTED BY GINA R. GREEN,
P.E. OF GINA R. GREEN, P.A., IS REQUESTING A
CONDITIONAL USE NO.1 EXPANSION IN THE ESTATES (E)
ZONING DISTRICT PURSUANT TO COLLIER COUNTY LAND
DEVELOPMENT CODE SUBSECTION 2.03.01.B.l.C.l. THE
PROPOSED CONDITIONAL USE WILL EXPAND AN EXISTING
CHURCH BY ADDING A 13,100 SQUARE-FOOT MULTI-
PURPOSE BUILDING TO BE USED FOR A GYMNASIUM,
Page 249
November 10,2009
CLASSROOMS, YOUTH FELLOWSHIP AND A KITCHEN FOR
A 5.23 ACRE PROPERTY LOCATED ON THE EAST SIDE OF
39TH STREET S.W. AND ON THE SOUTH SIDE OF THE
FUTURE GREEN BOULEVARD EXTENSION, IN SECTION 14
AND 23, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA
Item #17G
ORDINANCE 2009-60/RESOLUTION 2009-271: AMENDING
ORDINANCE NUMBER 08-47, AS AMENDED (MAXIMUM
FEES FOR NON-CONSENT TOWING AND STORAGE OF
VEHICLES), 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
Item #17H
RESOLUTION 2009-272: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2009-10
ADOPTED BUDGET
Item #171
RESOLUTION 2009-273 : DESIGNATING APPROXIMA TEL Y
17.665 ACRES OF LAND OWNED BY THE COMMUNITY
Page 250
November 10, 2009
REDEVELOPMENT AGENCY (CRA) AS A BROWNFIELD
AREA; DESIGNATE THE BA YSHORE GA TEW A Y TRIANGLE
REDEVELOPMENT AGENCY LOCAL ADVISORY BOARD AS
THE BROWNFIELD ADVISORY COMMITTEE; AND
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO NOTIFY THE DEPARTMENT OF ENVIRONMENTAL
PROTECTION OF SAID DESIGNATION
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 5: 11 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DI TRICTS UNDER ITS CONTROL
~d-
DONNA FIALA, Chairman
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TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 251